102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2037

 

Introduced 2/26/2021, by Sen. Antonio Muņoz

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends various Acts to revise statutory law to conform the statutes to the reorganization of the executive branch taking effect under Executive Order 2019-12. Makes other changes concerning the Illinois State Police and makes technical and stylistic changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning the Illinois State Police.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. This Act revises statutory law to conform the
5statutes to the reorganization of the executive branch taking
6effect under Executive Order 2019-12. This Act also makes
7other changes concerning the Illinois State Police and makes
8technical and stylistic changes.
 
9    Section 10. The Consular Identification Document Act is
10amended by changing Section 5 as follows:
 
11    (5 ILCS 230/5)
12    Sec. 5. Definition. As used in this Act, "consular
13identification document" means an official identification card
14issued by a foreign government that meets all of the following
15requirements:
16        (1) The consular identification document is issued
17    through the foreign government's consular offices for the
18    purpose of identifying a foreign national who is living
19    outside of that nation.
20        (2) The foreign government requires an individual to
21    provide the following to obtain the consular
22    identification document: (A) proof of nationality; (B)

 

 

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1    proof of identity; and (C) proof of residence in the
2    consular district.
3        (3) The foreign government includes the following
4    security features in the consular identification document:
5    (A) a unique identification number; (B) an optically
6    variable feature such as a hologram or color-shifting
7    inks; (C) an ultraviolet image; (D) encoded information;
8    (E) machine readable technology; (F) micro printing; (G)
9    secure laminate; and (H) integrated photograph and
10    signature.
11        (4) The consular identification document includes the
12    following data: (A) the name and address of the individual
13    to whom it is issued; (B) the date of issuance; (C) the
14    date of expiration; (D) the name of the issuing consulate;
15    and (E) an identification number. The consular
16    identification document must include an English
17    translation of the data fields.
18        (5) The issuing consulate has filed with the Illinois
19    Department of State Police a copy of the issuing
20    consulate's consular identification document and a
21    certification of the procedures that are used to satisfy
22    the requirements of paragraphs (2) and (3).
23(Source: P.A. 94-389, eff. 1-1-06.)
 
24    Section 15. The Public Corruption Profit Forfeiture Act is
25amended by changing Sections 10 and 25 as follows:
 

 

 

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1    (5 ILCS 283/10)
2    Sec. 10. Penalties.
3    (a) A person who is convicted of a violation of any of the
4following Sections, subsections, and clauses of the Criminal
5Code of 1961 or the Criminal Code of 2012:
6        (1) clause (a)(6) of Section 12-6 (intimidation by a
7    public official),
8        (2) Section 33-1 (bribery),
9        (3) subsection (a) of Section 33E-7 (kickbacks), or
10        (4) Section 33C-4 or subsection (d) of Section 17-10.3
11    (fraudulently obtaining public moneys reserved for
12    disadvantaged business enterprises),
13shall forfeit to the State of Illinois:
14        (A) any profits or proceeds and any property or
15    property interest he or she has acquired or maintained in
16    violation of any of the offenses listed in clauses (1)
17    through (4) of this subsection (a) that the court
18    determines, after a forfeiture hearing under subsection
19    (b) of this Section, to have been acquired or maintained
20    as a result of violating any of the offenses listed in
21    clauses (1) through (4) of this subsection (a); and
22        (B) any interest in, security of, claim against, or
23    property or contractual right of any kind affording a
24    source of influence over, any enterprise which he or she
25    has established, operated, controlled, conducted, or

 

 

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1    participated in the conduct of, in violation of any of the
2    offenses listed in clauses (1) through (4) of this
3    subsection (a) that the court determines, after a
4    forfeiture hearing under subsection (b) of this Section,
5    to have been acquired or maintained as a result of
6    violating any of the offenses listed in clauses (1)
7    through (4) of this subsection (a) or used to facilitate a
8    violation of one of the offenses listed in clauses (1)
9    through (4) of this subsection (a).
10    (b) The court shall, upon petition by the Attorney General
11or State's Attorney, at any time after the filing of an
12information or return of an indictment, conduct a hearing to
13determine whether any property or property interest is subject
14to forfeiture under this Act. At the forfeiture hearing the
15people shall have the burden of establishing, by a
16preponderance of the evidence, that property or property
17interests are subject to forfeiture under this Act. There is a
18rebuttable presumption at such hearing that any property or
19property interest of a person charged by information or
20indictment with a violation of any of the offenses listed in
21clauses (1) through (4) of subsection (a) of this Section or
22who is convicted of a violation of any of the offenses listed
23in clauses (1) through (4) of subsection (a) of this Section is
24subject to forfeiture under this Section if the State
25establishes by a preponderance of the evidence that:
26        (1) such property or property interest was acquired by

 

 

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1    such person during the period of the violation of any of
2    the offenses listed in clauses (1) through (4) of
3    subsection (a) of this Section or within a reasonable time
4    after such period; and
5        (2) there was no likely source for such property or
6    property interest other than the violation of any of the
7    offenses listed in clauses (1) through (4) of subsection
8    (a) of this Section.
9    (c) In an action brought by the People of the State of
10Illinois under this Act, wherein any restraining order,
11injunction or prohibition or any other action in connection
12with any property or property interest subject to forfeiture
13under this Act is sought, the circuit court which shall
14preside over the trial of the person or persons charged with
15any of the offenses listed in clauses (1) through (4) of
16subsection (a) of this Section shall first determine whether
17there is probable cause to believe that the person or persons
18so charged have committed a violation of any of the offenses
19listed in clauses (1) through (4) of subsection (a) of this
20Section and whether the property or property interest is
21subject to forfeiture pursuant to this Act.
22    In order to make such a determination, prior to entering
23any such order, the court shall conduct a hearing without a
24jury, wherein the People shall establish that there is: (i)
25probable cause that the person or persons so charged have
26committed one of the offenses listed in clauses (1) through

 

 

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1(4) of subsection (a) of this Section and (ii) probable cause
2that any property or property interest may be subject to
3forfeiture pursuant to this Act. Such hearing may be conducted
4simultaneously with a preliminary hearing, if the prosecution
5is commenced by information or complaint, or by motion of the
6People, at any stage in the proceedings. The court may accept a
7finding of probable cause at a preliminary hearing following
8the filing of a charge for violating one of the offenses listed
9in clauses (1) through (4) of subsection (a) of this Section or
10the return of an indictment by a grand jury charging one of the
11offenses listed in clauses (1) through (4) of subsection (a)
12of this Section as sufficient evidence of probable cause as
13provided in item (i) above.
14    Upon such a finding, the circuit court shall enter such
15restraining order, injunction or prohibition, or shall take
16such other action in connection with any such property or
17property interest subject to forfeiture under this Act, as is
18necessary to insure that such property is not removed from the
19jurisdiction of the court, concealed, destroyed or otherwise
20disposed of by the owner of that property or property interest
21prior to a forfeiture hearing under subsection (b) of this
22Section. The Attorney General or State's Attorney shall file a
23certified copy of such restraining order, injunction or other
24prohibition with the recorder of deeds or registrar of titles
25of each county where any such property of the defendant may be
26located. No such injunction, restraining order or other

 

 

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1prohibition shall affect the rights of any bona fide
2purchaser, mortgagee, judgment creditor or other lien holder
3arising prior to the date of such filing.
4    The court may, at any time, upon verified petition by the
5defendant, conduct a hearing to release all or portions of any
6such property or interest which the court previously
7determined to be subject to forfeiture or subject to any
8restraining order, injunction, or prohibition or other action.
9The court may release such property to the defendant for good
10cause shown and within the sound discretion of the court.
11    (d) Prosecution under this Act may be commenced by the
12Attorney General or a State's Attorney.
13    (e) Upon an order of forfeiture being entered pursuant to
14subsection (b) of this Section, the court shall authorize the
15Attorney General to seize any property or property interest
16declared forfeited under this Act and under such terms and
17conditions as the court shall deem proper. Any property or
18property interest that has been the subject of an entered
19restraining order, injunction or prohibition or any other
20action filed under subsection (c) shall be forfeited unless
21the claimant can show by a preponderance of the evidence that
22the property or property interest has not been acquired or
23maintained as a result of a violation of any of the offenses
24listed in clauses (1) through (4) of subsection (a) of this
25Section or has not been used to facilitate a violation of any
26of the offenses listed in clauses (1) through (4) of

 

 

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1subsection (a) of this Section.
2    (f) The Attorney General or his or her designee is
3authorized to sell all property forfeited and seized pursuant
4to this Act, unless such property is required by law to be
5destroyed or is harmful to the public, and, after the
6deduction of all requisite expenses of administration and
7sale, shall distribute the proceeds of such sale, along with
8any moneys forfeited or seized, in accordance with subsection
9(g).
10    (g) All monies and the sale proceeds of all other property
11forfeited and seized pursuant to this Act shall be distributed
12as follows:
13        (1) An amount equal to 50% shall be distributed to the
14    unit of local government or other law enforcement agency
15    whose officers or employees conducted the investigation
16    into a violation of any of the offenses listed in clauses
17    (1) through (4) of subsection (a) of this Section and
18    caused the arrest or arrests and prosecution leading to
19    the forfeiture. Amounts distributed to units of local
20    government and law enforcement agencies shall be used for
21    enforcement of laws governing public corruption, or for
22    other law enforcement purposes. In the event, however,
23    that the investigation, arrest or arrests and prosecution
24    leading to the forfeiture were undertaken solely by a
25    State agency, the portion provided hereunder shall be paid
26    into the State Asset Forfeiture Fund in the State treasury

 

 

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1    to be used by that State agency in accordance with law. If
2    the investigation, arrest or arrests and prosecution
3    leading to the forfeiture were undertaken by the Attorney
4    General, the portion provided hereunder shall be paid into
5    the Attorney General Whistleblower Reward and Protection
6    Fund in the State treasury to be used by the Attorney
7    General in accordance with law.
8        (2) An amount equal to 12.5% shall be distributed to
9    the county in which the prosecution resulting in the
10    forfeiture was instituted, deposited in a special fund in
11    the county treasury and appropriated to the State's
12    Attorney for use in accordance with law. If the
13    prosecution was conducted by the Attorney General, then
14    the amount provided under this subsection shall be paid
15    into the Attorney General Whistleblower Reward and
16    Protection Fund in the State treasury to be used by the
17    Attorney General in accordance with law.
18        (3) An amount equal to 12.5% shall be distributed to
19    the Office of the State's Attorneys Appellate Prosecutor
20    and deposited in the State's Attorneys Appellate
21    Prosecutor Anti-Corruption Fund, to be used by the Office
22    of the State's Attorneys Appellate Prosecutor for
23    additional expenses incurred in prosecuting appeals
24    arising under this Act. Any amounts remaining in the Fund
25    after all additional expenses have been paid shall be used
26    by the Office to reduce the participating county

 

 

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1    contributions to the Office on a prorated basis as
2    determined by the board of governors of the Office of the
3    State's Attorneys Appellate Prosecutor based on the
4    populations of the participating counties. If the appeal
5    is to be conducted by the Attorney General, then the
6    amount provided under this subsection shall be paid into
7    the Attorney General Whistleblower Reward and Protection
8    Fund in the State treasury to be used by the Attorney
9    General in accordance with law.
10        (4) An amount equal to 25% shall be paid into the State
11    Asset Forfeiture Fund in the State treasury to be used by
12    the Illinois Department of State Police for the funding of
13    the investigation of public corruption activities. Any
14    amounts remaining in the Fund after full funding of such
15    investigations shall be used by the Illinois State Police
16    Department in accordance with law to fund its other
17    enforcement activities.
18    (h) All moneys deposited pursuant to this Act in the State
19Asset Forfeiture Fund shall, subject to appropriation, be used
20by the Illinois Department of State Police in the manner set
21forth in this Section. All moneys deposited pursuant to this
22Act in the Attorney General Whistleblower Reward and
23Protection Fund shall, subject to appropriation, be used by
24the Attorney General for State law enforcement purposes and
25for the performance of the duties of that office. All moneys
26deposited pursuant to this Act in the State's Attorneys

 

 

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1Appellate Prosecutor Anti-Corruption Fund shall, subject to
2appropriation, be used by the Office of the State's Attorneys
3Appellate Prosecutor in the manner set forth in this Section.
4(Source: P.A. 101-148, eff. 7-26-19.)
 
5    (5 ILCS 283/25)
6    Sec. 25. Distribution of proceeds of fines.
7    (a) The proceeds of all fines received under the
8provisions of this Act shall be transmitted to and deposited
9in the treasurer's office at the level of government as
10follows:
11        (1) If the seizure was made by a combination of law
12    enforcement personnel representing differing units of
13    local government, the court levying the fine shall
14    equitably allocate 50% of the fine among these units of
15    local government and shall allocate 50% to the county
16    general corporate fund. In the event that the seizure was
17    made by law enforcement personnel representing a unit of
18    local government from a municipality where the number of
19    inhabitants exceeds 2 million, the court levying the fine
20    shall allocate 100% of the fine to that unit of local
21    government. If the seizure was made by a combination of
22    law enforcement personnel representing differing units of
23    local government, and at least one of those units
24    represents a municipality where the number of inhabitants
25    exceeds 2 million, the court shall equitably allocate 100%

 

 

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1    of the proceeds of the fines received among the differing
2    units of local government.
3        (2) If such seizure was made by State law enforcement
4    personnel, then the court shall allocate 50% to the State
5    treasury and 50% to the county general corporate fund.
6        (3) If a State law enforcement agency in combination
7    with a law enforcement agency or agencies of a unit or
8    units of local government conducted the seizure, the court
9    shall equitably allocate 50% of the fines to or among the
10    law enforcement agency or agencies of the unit or units of
11    local government which conducted the seizure and shall
12    allocate 50% to the county general corporate fund.
13    (b) The proceeds of all fines allocated to the law
14enforcement agency or agencies of the unit or units of local
15government pursuant to subsection (a) shall be made available
16to that law enforcement agency as expendable receipts for use
17in the enforcement of laws regulating public corruption and
18other laws. The proceeds of fines awarded to the State
19treasury shall be deposited in the State Asset Forfeiture
20Fund. Monies from this Fund may be used by the Illinois
21Department of State Police in the enforcement of laws
22regulating public corruption and other laws; and all other
23monies shall be paid into the General Revenue Fund in the State
24treasury.
25(Source: P.A. 96-1019, eff. 1-1-11.)
 

 

 

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1    Section 20. The Illinois Public Labor Relations Act is
2amended by changing Sections 3, 6.1, and 9 as follows:
 
3    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
4    Sec. 3. Definitions. As used in this Act, unless the
5context otherwise requires:
6    (a) "Board" means the Illinois Labor Relations Board or,
7with respect to a matter over which the jurisdiction of the
8Board is assigned to the State Panel or the Local Panel under
9Section 5, the panel having jurisdiction over the matter.
10    (b) "Collective bargaining" means bargaining over terms
11and conditions of employment, including hours, wages, and
12other conditions of employment, as detailed in Section 7 and
13which are not excluded by Section 4.
14    (c) "Confidential employee" means an employee who, in the
15regular course of his or her duties, assists and acts in a
16confidential capacity to persons who formulate, determine, and
17effectuate management policies with regard to labor relations
18or who, in the regular course of his or her duties, has
19authorized access to information relating to the effectuation
20or review of the employer's collective bargaining policies.
21    (d) "Craft employees" means skilled journeymen, crafts
22persons, and their apprentices and helpers.
23    (e) "Essential services employees" means those public
24employees performing functions so essential that the
25interruption or termination of the function will constitute a

 

 

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1clear and present danger to the health and safety of the
2persons in the affected community.
3    (f) "Exclusive representative", except with respect to
4non-State fire fighters and paramedics employed by fire
5departments and fire protection districts, non-State peace
6officers, and peace officers in the Illinois Department of
7State Police, means the labor organization that has been (i)
8designated by the Board as the representative of a majority of
9public employees in an appropriate bargaining unit in
10accordance with the procedures contained in this Act, (ii)
11historically recognized by the State of Illinois or any
12political subdivision of the State before July 1, 1984 (the
13effective date of this Act) as the exclusive representative of
14the employees in an appropriate bargaining unit, (iii) after
15July 1, 1984 (the effective date of this Act) recognized by an
16employer upon evidence, acceptable to the Board, that the
17labor organization has been designated as the exclusive
18representative by a majority of the employees in an
19appropriate bargaining unit; (iv) recognized as the exclusive
20representative of personal assistants under Executive Order
212003-8 prior to the effective date of this amendatory Act of
22the 93rd General Assembly, and the organization shall be
23considered to be the exclusive representative of the personal
24assistants as defined in this Section; or (v) recognized as
25the exclusive representative of child and day care home
26providers, including licensed and license exempt providers,

 

 

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1pursuant to an election held under Executive Order 2005-1
2prior to the effective date of this amendatory Act of the 94th
3General Assembly, and the organization shall be considered to
4be the exclusive representative of the child and day care home
5providers as defined in this Section.
6    With respect to non-State fire fighters and paramedics
7employed by fire departments and fire protection districts,
8non-State peace officers, and peace officers in the Illinois
9Department of State Police, "exclusive representative" means
10the labor organization that has been (i) designated by the
11Board as the representative of a majority of peace officers or
12fire fighters in an appropriate bargaining unit in accordance
13with the procedures contained in this Act, (ii) historically
14recognized by the State of Illinois or any political
15subdivision of the State before January 1, 1986 (the effective
16date of this amendatory Act of 1985) as the exclusive
17representative by a majority of the peace officers or fire
18fighters in an appropriate bargaining unit, or (iii) after
19January 1, 1986 (the effective date of this amendatory Act of
201985) recognized by an employer upon evidence, acceptable to
21the Board, that the labor organization has been designated as
22the exclusive representative by a majority of the peace
23officers or fire fighters in an appropriate bargaining unit.
24    Where a historical pattern of representation exists for
25the workers of a water system that was owned by a public
26utility, as defined in Section 3-105 of the Public Utilities

 

 

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1Act, prior to becoming certified employees of a municipality
2or municipalities once the municipality or municipalities have
3acquired the water system as authorized in Section 11-124-5 of
4the Illinois Municipal Code, the Board shall find the labor
5organization that has historically represented the workers to
6be the exclusive representative under this Act, and shall find
7the unit represented by the exclusive representative to be the
8appropriate unit.
9    (g) "Fair share agreement" means an agreement between the
10employer and an employee organization under which all or any
11of the employees in a collective bargaining unit are required
12to pay their proportionate share of the costs of the
13collective bargaining process, contract administration, and
14pursuing matters affecting wages, hours, and other conditions
15of employment, but not to exceed the amount of dues uniformly
16required of members. The amount certified by the exclusive
17representative shall not include any fees for contributions
18related to the election or support of any candidate for
19political office. Nothing in this subsection (g) shall
20preclude an employee from making voluntary political
21contributions in conjunction with his or her fair share
22payment.
23    (g-1) "Fire fighter" means, for the purposes of this Act
24only, any person who has been or is hereafter appointed to a
25fire department or fire protection district or employed by a
26state university and sworn or commissioned to perform fire

 

 

SB2037- 17 -LRB102 17120 WGH 22551 b

1fighter duties or paramedic duties, including paramedics
2employed by a unit of local government, except that the
3following persons are not included: part-time fire fighters,
4auxiliary, reserve or voluntary fire fighters, including paid
5on-call fire fighters, clerks and dispatchers or other
6civilian employees of a fire department or fire protection
7district who are not routinely expected to perform fire
8fighter duties, or elected officials.
9    (g-2) "General Assembly of the State of Illinois" means
10the legislative branch of the government of the State of
11Illinois, as provided for under Article IV of the Constitution
12of the State of Illinois, and includes but is not limited to
13the House of Representatives, the Senate, the Speaker of the
14House of Representatives, the Minority Leader of the House of
15Representatives, the President of the Senate, the Minority
16Leader of the Senate, the Joint Committee on Legislative
17Support Services and any legislative support services agency
18listed in the Legislative Commission Reorganization Act of
191984.
20    (h) "Governing body" means, in the case of the State, the
21State Panel of the Illinois Labor Relations Board, the
22Director of the Department of Central Management Services, and
23the Director of the Department of Labor; the county board in
24the case of a county; the corporate authorities in the case of
25a municipality; and the appropriate body authorized to provide
26for expenditures of its funds in the case of any other unit of

 

 

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1government.
2    (i) "Labor organization" means any organization in which
3public employees participate and that exists for the purpose,
4in whole or in part, of dealing with a public employer
5concerning wages, hours, and other terms and conditions of
6employment, including the settlement of grievances.
7    (i-5) "Legislative liaison" means a person who is an
8employee of a State agency, the Attorney General, the
9Secretary of State, the Comptroller, or the Treasurer, as the
10case may be, and whose job duties require the person to
11regularly communicate in the course of his or her employment
12with any official or staff of the General Assembly of the State
13of Illinois for the purpose of influencing any legislative
14action.
15    (j) "Managerial employee" means an individual who is
16engaged predominantly in executive and management functions
17and is charged with the responsibility of directing the
18effectuation of management policies and practices. With
19respect only to State employees in positions under the
20jurisdiction of the Attorney General, Secretary of State,
21Comptroller, or Treasurer (i) that were certified in a
22bargaining unit on or after December 2, 2008, (ii) for which a
23petition is filed with the Illinois Public Labor Relations
24Board on or after April 5, 2013 (the effective date of Public
25Act 97-1172), or (iii) for which a petition is pending before
26the Illinois Public Labor Relations Board on that date,

 

 

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1"managerial employee" means an individual who is engaged in
2executive and management functions or who is charged with the
3effectuation of management policies and practices or who
4represents management interests by taking or recommending
5discretionary actions that effectively control or implement
6policy. Nothing in this definition prohibits an individual
7from also meeting the definition of "supervisor" under
8subsection (r) of this Section.
9    (k) "Peace officer" means, for the purposes of this Act
10only, any persons who have been or are hereafter appointed to a
11police force, department, or agency and sworn or commissioned
12to perform police duties, except that the following persons
13are not included: part-time police officers, special police
14officers, auxiliary police as defined by Section 3.1-30-20 of
15the Illinois Municipal Code, night watchmen, "merchant
16police", court security officers as defined by Section
173-6012.1 of the Counties Code, temporary employees, traffic
18guards or wardens, civilian parking meter and parking
19facilities personnel or other individuals specially appointed
20to aid or direct traffic at or near schools or public functions
21or to aid in civil defense or disaster, parking enforcement
22employees who are not commissioned as peace officers and who
23are not armed and who are not routinely expected to effect
24arrests, parking lot attendants, clerks and dispatchers or
25other civilian employees of a police department who are not
26routinely expected to effect arrests, or elected officials.

 

 

SB2037- 20 -LRB102 17120 WGH 22551 b

1    (l) "Person" includes one or more individuals, labor
2organizations, public employees, associations, corporations,
3legal representatives, trustees, trustees in bankruptcy,
4receivers, or the State of Illinois or any political
5subdivision of the State or governing body, but does not
6include the General Assembly of the State of Illinois or any
7individual employed by the General Assembly of the State of
8Illinois.
9    (m) "Professional employee" means any employee engaged in
10work predominantly intellectual and varied in character rather
11than routine mental, manual, mechanical or physical work;
12involving the consistent exercise of discretion and adjustment
13in its performance; of such a character that the output
14produced or the result accomplished cannot be standardized in
15relation to a given period of time; and requiring advanced
16knowledge in a field of science or learning customarily
17acquired by a prolonged course of specialized intellectual
18instruction and study in an institution of higher learning or
19a hospital, as distinguished from a general academic education
20or from apprenticeship or from training in the performance of
21routine mental, manual, or physical processes; or any employee
22who has completed the courses of specialized intellectual
23instruction and study prescribed in this subsection (m) and is
24performing related work under the supervision of a
25professional person to qualify to become a professional
26employee as defined in this subsection (m).

 

 

SB2037- 21 -LRB102 17120 WGH 22551 b

1    (n) "Public employee" or "employee", for the purposes of
2this Act, means any individual employed by a public employer,
3including (i) interns and residents at public hospitals, (ii)
4as of the effective date of this amendatory Act of the 93rd
5General Assembly, but not before, personal assistants working
6under the Home Services Program under Section 3 of the
7Rehabilitation of Persons with Disabilities Act, subject to
8the limitations set forth in this Act and in the
9Rehabilitation of Persons with Disabilities Act, (iii) as of
10the effective date of this amendatory Act of the 94th General
11Assembly, but not before, child and day care home providers
12participating in the child care assistance program under
13Section 9A-11 of the Illinois Public Aid Code, subject to the
14limitations set forth in this Act and in Section 9A-11 of the
15Illinois Public Aid Code, (iv) as of January 29, 2013 (the
16effective date of Public Act 97-1158), but not before except
17as otherwise provided in this subsection (n), home care and
18home health workers who function as personal assistants and
19individual maintenance home health workers and who also work
20under the Home Services Program under Section 3 of the
21Rehabilitation of Persons with Disabilities Act, no matter
22whether the State provides those services through direct
23fee-for-service arrangements, with the assistance of a managed
24care organization or other intermediary, or otherwise, (v)
25beginning on the effective date of this amendatory Act of the
2698th General Assembly and notwithstanding any other provision

 

 

SB2037- 22 -LRB102 17120 WGH 22551 b

1of this Act, any person employed by a public employer and who
2is classified as or who holds the employment title of Chief
3Stationary Engineer, Assistant Chief Stationary Engineer,
4Sewage Plant Operator, Water Plant Operator, Stationary
5Engineer, Plant Operating Engineer, and any other employee who
6holds the position of: Civil Engineer V, Civil Engineer VI,
7Civil Engineer VII, Technical Manager I, Technical Manager II,
8Technical Manager III, Technical Manager IV, Technical Manager
9V, Technical Manager VI, Realty Specialist III, Realty
10Specialist IV, Realty Specialist V, Technical Advisor I,
11Technical Advisor II, Technical Advisor III, Technical Advisor
12IV, or Technical Advisor V employed by the Department of
13Transportation who is in a position which is certified in a
14bargaining unit on or before the effective date of this
15amendatory Act of the 98th General Assembly, and (vi)
16beginning on the effective date of this amendatory Act of the
1798th General Assembly and notwithstanding any other provision
18of this Act, any mental health administrator in the Department
19of Corrections who is classified as or who holds the position
20of Public Service Administrator (Option 8K), any employee of
21the Office of the Inspector General in the Department of Human
22Services who is classified as or who holds the position of
23Public Service Administrator (Option 7), any Deputy of
24Intelligence in the Department of Corrections who is
25classified as or who holds the position of Public Service
26Administrator (Option 7), and any employee of the Illinois

 

 

SB2037- 23 -LRB102 17120 WGH 22551 b

1Department of State Police who handles issues concerning the
2Illinois State Police Sex Offender Registry and who is
3classified as or holds the position of Public Service
4Administrator (Option 7), but excluding all of the following:
5employees of the General Assembly of the State of Illinois;
6elected officials; executive heads of a department; members of
7boards or commissions; the Executive Inspectors General; any
8special Executive Inspectors General; employees of each Office
9of an Executive Inspector General; commissioners and employees
10of the Executive Ethics Commission; the Auditor General's
11Inspector General; employees of the Office of the Auditor
12General's Inspector General; the Legislative Inspector
13General; any special Legislative Inspectors General; employees
14of the Office of the Legislative Inspector General;
15commissioners and employees of the Legislative Ethics
16Commission; employees of any agency, board or commission
17created by this Act; employees appointed to State positions of
18a temporary or emergency nature; all employees of school
19districts and higher education institutions except
20firefighters and peace officers employed by a state university
21and except peace officers employed by a school district in its
22own police department in existence on the effective date of
23this amendatory Act of the 96th General Assembly; managerial
24employees; short-term employees; legislative liaisons; a
25person who is a State employee under the jurisdiction of the
26Office of the Attorney General who is licensed to practice law

 

 

SB2037- 24 -LRB102 17120 WGH 22551 b

1or whose position authorizes, either directly or indirectly,
2meaningful input into government decision-making on issues
3where there is room for principled disagreement on goals or
4their implementation; a person who is a State employee under
5the jurisdiction of the Office of the Comptroller who holds
6the position of Public Service Administrator or whose position
7is otherwise exempt under the Comptroller Merit Employment
8Code; a person who is a State employee under the jurisdiction
9of the Secretary of State who holds the position
10classification of Executive I or higher, whose position
11authorizes, either directly or indirectly, meaningful input
12into government decision-making on issues where there is room
13for principled disagreement on goals or their implementation,
14or who is otherwise exempt under the Secretary of State Merit
15Employment Code; employees in the Office of the Secretary of
16State who are completely exempt from jurisdiction B of the
17Secretary of State Merit Employment Code and who are in
18Rutan-exempt positions on or after April 5, 2013 (the
19effective date of Public Act 97-1172); a person who is a State
20employee under the jurisdiction of the Treasurer who holds a
21position that is exempt from the State Treasurer Employment
22Code; any employee of a State agency who (i) holds the title or
23position of, or exercises substantially similar duties as a
24legislative liaison, Agency General Counsel, Agency Chief of
25Staff, Agency Executive Director, Agency Deputy Director,
26Agency Chief Fiscal Officer, Agency Human Resources Director,

 

 

SB2037- 25 -LRB102 17120 WGH 22551 b

1Public Information Officer, or Chief Information Officer and
2(ii) was neither included in a bargaining unit nor subject to
3an active petition for certification in a bargaining unit; any
4employee of a State agency who (i) is in a position that is
5Rutan-exempt, as designated by the employer, and completely
6exempt from jurisdiction B of the Personnel Code and (ii) was
7neither included in a bargaining unit nor subject to an active
8petition for certification in a bargaining unit; any term
9appointed employee of a State agency pursuant to Section 8b.18
10or 8b.19 of the Personnel Code who was neither included in a
11bargaining unit nor subject to an active petition for
12certification in a bargaining unit; any employment position
13properly designated pursuant to Section 6.1 of this Act;
14confidential employees; independent contractors; and
15supervisors except as provided in this Act.
16    Home care and home health workers who function as personal
17assistants and individual maintenance home health workers and
18who also work under the Home Services Program under Section 3
19of the Rehabilitation of Persons with Disabilities Act shall
20not be considered public employees for any purposes not
21specifically provided for in Public Act 93-204 or Public Act
2297-1158, including but not limited to, purposes of vicarious
23liability in tort and purposes of statutory retirement or
24health insurance benefits. Home care and home health workers
25who function as personal assistants and individual maintenance
26home health workers and who also work under the Home Services

 

 

SB2037- 26 -LRB102 17120 WGH 22551 b

1Program under Section 3 of the Rehabilitation of Persons with
2Disabilities Act shall not be covered by the State Employees
3Group Insurance Act of 1971 (5 ILCS 375/).
4    Child and day care home providers shall not be considered
5public employees for any purposes not specifically provided
6for in this amendatory Act of the 94th General Assembly,
7including but not limited to, purposes of vicarious liability
8in tort and purposes of statutory retirement or health
9insurance benefits. Child and day care home providers shall
10not be covered by the State Employees Group Insurance Act of
111971.
12    Notwithstanding Section 9, subsection (c), or any other
13provisions of this Act, all peace officers above the rank of
14captain in municipalities with more than 1,000,000 inhabitants
15shall be excluded from this Act.
16    (o) Except as otherwise in subsection (o-5), "public
17employer" or "employer" means the State of Illinois; any
18political subdivision of the State, unit of local government
19or school district; authorities including departments,
20divisions, bureaus, boards, commissions, or other agencies of
21the foregoing entities; and any person acting within the scope
22of his or her authority, express or implied, on behalf of those
23entities in dealing with its employees. As of the effective
24date of the amendatory Act of the 93rd General Assembly, but
25not before, the State of Illinois shall be considered the
26employer of the personal assistants working under the Home

 

 

SB2037- 27 -LRB102 17120 WGH 22551 b

1Services Program under Section 3 of the Rehabilitation of
2Persons with Disabilities Act, subject to the limitations set
3forth in this Act and in the Rehabilitation of Persons with
4Disabilities Act. As of January 29, 2013 (the effective date
5of Public Act 97-1158), but not before except as otherwise
6provided in this subsection (o), the State shall be considered
7the employer of home care and home health workers who function
8as personal assistants and individual maintenance home health
9workers and who also work under the Home Services Program
10under Section 3 of the Rehabilitation of Persons with
11Disabilities Act, no matter whether the State provides those
12services through direct fee-for-service arrangements, with the
13assistance of a managed care organization or other
14intermediary, or otherwise, but subject to the limitations set
15forth in this Act and the Rehabilitation of Persons with
16Disabilities Act. The State shall not be considered to be the
17employer of home care and home health workers who function as
18personal assistants and individual maintenance home health
19workers and who also work under the Home Services Program
20under Section 3 of the Rehabilitation of Persons with
21Disabilities Act, for any purposes not specifically provided
22for in Public Act 93-204 or Public Act 97-1158, including but
23not limited to, purposes of vicarious liability in tort and
24purposes of statutory retirement or health insurance benefits.
25Home care and home health workers who function as personal
26assistants and individual maintenance home health workers and

 

 

SB2037- 28 -LRB102 17120 WGH 22551 b

1who also work under the Home Services Program under Section 3
2of the Rehabilitation of Persons with Disabilities Act shall
3not be covered by the State Employees Group Insurance Act of
41971 (5 ILCS 375/). As of the effective date of this amendatory
5Act of the 94th General Assembly but not before, the State of
6Illinois shall be considered the employer of the day and child
7care home providers participating in the child care assistance
8program under Section 9A-11 of the Illinois Public Aid Code,
9subject to the limitations set forth in this Act and in Section
109A-11 of the Illinois Public Aid Code. The State shall not be
11considered to be the employer of child and day care home
12providers for any purposes not specifically provided for in
13this amendatory Act of the 94th General Assembly, including
14but not limited to, purposes of vicarious liability in tort
15and purposes of statutory retirement or health insurance
16benefits. Child and day care home providers shall not be
17covered by the State Employees Group Insurance Act of 1971.
18    "Public employer" or "employer" as used in this Act,
19however, does not mean and shall not include the General
20Assembly of the State of Illinois, the Executive Ethics
21Commission, the Offices of the Executive Inspectors General,
22the Legislative Ethics Commission, the Office of the
23Legislative Inspector General, the Office of the Auditor
24General's Inspector General, the Office of the Governor, the
25Governor's Office of Management and Budget, the Illinois
26Finance Authority, the Office of the Lieutenant Governor, the

 

 

SB2037- 29 -LRB102 17120 WGH 22551 b

1State Board of Elections, and educational employers or
2employers as defined in the Illinois Educational Labor
3Relations Act, except with respect to a state university in
4its employment of firefighters and peace officers and except
5with respect to a school district in the employment of peace
6officers in its own police department in existence on the
7effective date of this amendatory Act of the 96th General
8Assembly. County boards and county sheriffs shall be
9designated as joint or co-employers of county peace officers
10appointed under the authority of a county sheriff. Nothing in
11this subsection (o) shall be construed to prevent the State
12Panel or the Local Panel from determining that employers are
13joint or co-employers.
14    (o-5) With respect to wages, fringe benefits, hours,
15holidays, vacations, proficiency examinations, sick leave, and
16other conditions of employment, the public employer of public
17employees who are court reporters, as defined in the Court
18Reporters Act, shall be determined as follows:
19        (1) For court reporters employed by the Cook County
20    Judicial Circuit, the chief judge of the Cook County
21    Circuit Court is the public employer and employer
22    representative.
23        (2) For court reporters employed by the 12th, 18th,
24    19th, and, on and after December 4, 2006, the 22nd
25    judicial circuits, a group consisting of the chief judges
26    of those circuits, acting jointly by majority vote, is the

 

 

SB2037- 30 -LRB102 17120 WGH 22551 b

1    public employer and employer representative.
2        (3) For court reporters employed by all other judicial
3    circuits, a group consisting of the chief judges of those
4    circuits, acting jointly by majority vote, is the public
5    employer and employer representative.
6    (p) "Security employee" means an employee who is
7responsible for the supervision and control of inmates at
8correctional facilities. The term also includes other
9non-security employees in bargaining units having the majority
10of employees being responsible for the supervision and control
11of inmates at correctional facilities.
12    (q) "Short-term employee" means an employee who is
13employed for less than 2 consecutive calendar quarters during
14a calendar year and who does not have a reasonable assurance
15that he or she will be rehired by the same employer for the
16same service in a subsequent calendar year.
17    (q-5) "State agency" means an agency directly responsible
18to the Governor, as defined in Section 3.1 of the Executive
19Reorganization Implementation Act, and the Illinois Commerce
20Commission, the Illinois Workers' Compensation Commission, the
21Civil Service Commission, the Pollution Control Board, the
22Illinois Racing Board, and the Illinois Department of State
23Police Merit Board.
24    (r) "Supervisor" is:
25        (1) An employee whose principal work is substantially
26    different from that of his or her subordinates and who has

 

 

SB2037- 31 -LRB102 17120 WGH 22551 b

1    authority, in the interest of the employer, to hire,
2    transfer, suspend, lay off, recall, promote, discharge,
3    direct, reward, or discipline employees, to adjust their
4    grievances, or to effectively recommend any of those
5    actions, if the exercise of that authority is not of a
6    merely routine or clerical nature, but requires the
7    consistent use of independent judgment. Except with
8    respect to police employment, the term "supervisor"
9    includes only those individuals who devote a preponderance
10    of their employment time to exercising that authority,
11    State supervisors notwithstanding. Nothing in this
12    definition prohibits an individual from also meeting the
13    definition of "managerial employee" under subsection (j)
14    of this Section. In addition, in determining supervisory
15    status in police employment, rank shall not be
16    determinative. The Board shall consider, as evidence of
17    bargaining unit inclusion or exclusion, the common law
18    enforcement policies and relationships between police
19    officer ranks and certification under applicable civil
20    service law, ordinances, personnel codes, or Division 2.1
21    of Article 10 of the Illinois Municipal Code, but these
22    factors shall not be the sole or predominant factors
23    considered by the Board in determining police supervisory
24    status.
25        Notwithstanding the provisions of the preceding
26    paragraph, in determining supervisory status in fire

 

 

SB2037- 32 -LRB102 17120 WGH 22551 b

1    fighter employment, no fire fighter shall be excluded as a
2    supervisor who has established representation rights under
3    Section 9 of this Act. Further, in new fire fighter units,
4    employees shall consist of fire fighters of the rank of
5    company officer and below. If a company officer otherwise
6    qualifies as a supervisor under the preceding paragraph,
7    however, he or she shall not be included in the fire
8    fighter unit. If there is no rank between that of chief and
9    the highest company officer, the employer may designate a
10    position on each shift as a Shift Commander, and the
11    persons occupying those positions shall be supervisors.
12    All other ranks above that of company officer shall be
13    supervisors.
14        (2) With respect only to State employees in positions
15    under the jurisdiction of the Attorney General, Secretary
16    of State, Comptroller, or Treasurer (i) that were
17    certified in a bargaining unit on or after December 2,
18    2008, (ii) for which a petition is filed with the Illinois
19    Public Labor Relations Board on or after April 5, 2013
20    (the effective date of Public Act 97-1172), or (iii) for
21    which a petition is pending before the Illinois Public
22    Labor Relations Board on that date, an employee who
23    qualifies as a supervisor under (A) Section 152 of the
24    National Labor Relations Act and (B) orders of the
25    National Labor Relations Board interpreting that provision
26    or decisions of courts reviewing decisions of the National

 

 

SB2037- 33 -LRB102 17120 WGH 22551 b

1    Labor Relations Board.
2    (s)(1) "Unit" means a class of jobs or positions that are
3held by employees whose collective interests may suitably be
4represented by a labor organization for collective bargaining.
5Except with respect to non-State fire fighters and paramedics
6employed by fire departments and fire protection districts,
7non-State peace officers, and peace officers in the Illinois
8Department of State Police, a bargaining unit determined by
9the Board shall not include both employees and supervisors, or
10supervisors only, except as provided in paragraph (2) of this
11subsection (s) and except for bargaining units in existence on
12July 1, 1984 (the effective date of this Act). With respect to
13non-State fire fighters and paramedics employed by fire
14departments and fire protection districts, non-State peace
15officers, and peace officers in the Illinois Department of
16State Police, a bargaining unit determined by the Board shall
17not include both supervisors and nonsupervisors, or
18supervisors only, except as provided in paragraph (2) of this
19subsection (s) and except for bargaining units in existence on
20January 1, 1986 (the effective date of this amendatory Act of
211985). A bargaining unit determined by the Board to contain
22peace officers shall contain no employees other than peace
23officers unless otherwise agreed to by the employer and the
24labor organization or labor organizations involved.
25Notwithstanding any other provision of this Act, a bargaining
26unit, including a historical bargaining unit, containing sworn

 

 

SB2037- 34 -LRB102 17120 WGH 22551 b

1peace officers of the Department of Natural Resources
2(formerly designated the Department of Conservation) shall
3contain no employees other than such sworn peace officers upon
4the effective date of this amendatory Act of 1990 or upon the
5expiration date of any collective bargaining agreement in
6effect upon the effective date of this amendatory Act of 1990
7covering both such sworn peace officers and other employees.
8    (2) Notwithstanding the exclusion of supervisors from
9bargaining units as provided in paragraph (1) of this
10subsection (s), a public employer may agree to permit its
11supervisory employees to form bargaining units and may bargain
12with those units. This Act shall apply if the public employer
13chooses to bargain under this subsection.
14    (3) Public employees who are court reporters, as defined
15in the Court Reporters Act, shall be divided into 3 units for
16collective bargaining purposes. One unit shall be court
17reporters employed by the Cook County Judicial Circuit; one
18unit shall be court reporters employed by the 12th, 18th,
1919th, and, on and after December 4, 2006, the 22nd judicial
20circuits; and one unit shall be court reporters employed by
21all other judicial circuits.
22    (t) "Active petition for certification in a bargaining
23unit" means a petition for certification filed with the Board
24under one of the following case numbers: S-RC-11-110;
25S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
26S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;

 

 

SB2037- 35 -LRB102 17120 WGH 22551 b

1S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
2S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
3S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
4S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
5S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
6S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
7S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
8S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
9S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
10S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
11S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
12S-RC-07-100.
13(Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)
 
14    (5 ILCS 315/6.1)
15    Sec. 6.1. Gubernatorial designation of certain public
16employment positions as excluded from collective bargaining.
17    (a) Notwithstanding any provision of this Act to the
18contrary, except subsections (e) and (f) of this Section, the
19Governor is authorized to designate up to 3,580 State
20employment positions collectively within State agencies
21directly responsible to the Governor, and, upon designation,
22those positions and employees in those positions, if any, are
23hereby excluded from the self-organization and collective
24bargaining provisions of Section 6 of this Act. Only those
25employment positions that have been certified in a bargaining

 

 

SB2037- 36 -LRB102 17120 WGH 22551 b

1unit on or after December 2, 2008, that have a pending petition
2for certification in a bargaining unit on April 5, 2013 (the
3effective date of Public Act 97-1172), or that neither have
4been certified in a bargaining unit on or after December 2,
52008 nor have a pending petition for certification in a
6bargaining unit on the effective date of this amendatory Act
7of the 97th General Assembly are eligible to be designated by
8the Governor under this Section. The Governor may not
9designate under this Section, however, more than 1,900
10employment positions that have been certified in a bargaining
11unit on or after December 2, 2008.
12    (b) In order to properly designate a State employment
13position under this Section, the Governor shall provide in
14writing to the Board: the job title and job duties of the
15employment position; the name of the State employee currently
16in the employment position, if any; the name of the State
17agency employing the public employee; and the category under
18which the position qualifies for designation under this
19Section.
20    To qualify for designation under this Section, the
21employment position must meet one or more of the following
22requirements:
23        (1) it must authorize an employee in that position to
24    act as a legislative liaison;
25        (2) it must have a title of, or authorize a person who
26    holds that position to exercise substantially similar

 

 

SB2037- 37 -LRB102 17120 WGH 22551 b

1    duties as an, Agency General Counsel, Agency Chief of
2    Staff, Agency Executive Director, Agency Deputy Director,
3    Agency Chief Fiscal Officer, Agency Human Resources
4    Director, Senior Public Service Administrator, Public
5    Information Officer, or Chief Information Officer;
6        (3) it must be a Rutan-exempt, as designated by the
7    employer, position and completely exempt from jurisdiction
8    B of the Personnel Code;
9        (4) it must be a term appointed position pursuant to
10    Section 8b.18 or 8b.19 of the Personnel Code; or
11        (5) it must authorize an employee in that position to
12    have significant and independent discretionary authority
13    as an employee.
14    Within 60 days after the Governor makes a designation
15under this Section, the Board shall determine, in a manner
16that is consistent with the requirements of due process,
17whether the designation comports with the requirements of this
18Section.
19    (c) For the purposes of this Section, a person has
20significant and independent discretionary authority as an
21employee if he or she (i) is engaged in executive and
22management functions of a State agency and charged with the
23effectuation of management policies and practices of a State
24agency or represents management interests by taking or
25recommending discretionary actions that effectively control or
26implement the policy of a State agency or (ii) qualifies as a

 

 

SB2037- 38 -LRB102 17120 WGH 22551 b

1supervisor of a State agency as that term is defined under
2Section 152 of the National Labor Relations Act or any orders
3of the National Labor Relations Board interpreting that
4provision or decisions of courts reviewing decisions of the
5National Labor Relations Board.
6    (d) The Governor must exercise the authority afforded
7under this Section within 365 calendar days after April 5,
82013 (the effective date of Public Act 97-1172). Any
9designation made by the Governor under this Section shall be
10presumed to have been properly made.
11    If the Governor chooses not to designate a position under
12this Section, then that decision does not preclude a State
13agency from otherwise challenging the certification of that
14position under this Act.
15    The qualifying categories set forth in paragraphs (1)
16through (5) of subsection (b) of this Section are operative
17and function solely within this Section and do not expand or
18restrict the scope of any other provision contained in this
19Act.
20    (e) The provisions of this Section do not apply to any
21employee who is employed by a public employer and who is
22classified as, or holds the employment title of, Chief
23Stationary Engineer, Assistant Chief Stationary Engineer,
24Sewage Plant Operator, Water Plant Operator, Stationary
25Engineer, Plant Operating Engineer, and any employee who holds
26the position of: Civil Engineer V, Civil Engineer VI, Civil

 

 

SB2037- 39 -LRB102 17120 WGH 22551 b

1Engineer VII, Technical Manager I, Technical Manager II,
2Technical Manager III, Technical Manager IV, Technical Manager
3V, Technical Manager VI, Realty Specialist III, Realty
4Specialist IV, Realty Specialist V, Technical Advisor I,
5Technical Advisor II, Technical Advisor III, Technical Advisor
6IV, or Technical Advisor V employed by the Department of
7Transportation who is in a position which is certified in a
8bargaining unit on or before the effective date of this
9amendatory Act of the 98th General Assembly.
10    (f) The provisions of this Section also do not apply to any
11mental health administrator in the Department of Corrections
12who is classified as or who holds the position of Public
13Service Administrator (Option 8K), any employee of the Office
14of the Inspector General in the Department of Human Services
15who is classified as or who holds the position of Public
16Service Administrator (Option 7), any Deputy of Intelligence
17in the Department of Corrections who is classified as or who
18holds the position of Public Service Administrator (Option 7),
19or any employee of the Illinois Department of State Police who
20handles issues concerning the Illinois State Police Sex
21Offender Registry and who is classified as or holds the
22position of Public Service Administrator (Option 7).
23(Source: P.A. 97-1172, eff. 4-5-13; 98-100, eff. 7-19-13.)
 
24    (5 ILCS 315/9)  (from Ch. 48, par. 1609)
25    Sec. 9. Elections; recognition.

 

 

SB2037- 40 -LRB102 17120 WGH 22551 b

1    (a) Whenever in accordance with such regulations as may be
2prescribed by the Board a petition has been filed:
3        (1) by a public employee or group of public employees
4    or any labor organization acting in their behalf
5    demonstrating that 30% of the public employees in an
6    appropriate unit (A) wish to be represented for the
7    purposes of collective bargaining by a labor organization
8    as exclusive representative, or (B) asserting that the
9    labor organization which has been certified or is
10    currently recognized by the public employer as bargaining
11    representative is no longer the representative of the
12    majority of public employees in the unit; or
13        (2) by a public employer alleging that one or more
14    labor organizations have presented to it a claim that they
15    be recognized as the representative of a majority of the
16    public employees in an appropriate unit,
17the Board shall investigate such petition, and if it has
18reasonable cause to believe that a question of representation
19exists, shall provide for an appropriate hearing upon due
20notice. Such hearing shall be held at the offices of the Board
21or such other location as the Board deems appropriate. If it
22finds upon the record of the hearing that a question of
23representation exists, it shall direct an election in
24accordance with subsection (d) of this Section, which election
25shall be held not later than 120 days after the date the
26petition was filed regardless of whether that petition was

 

 

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1filed before or after the effective date of this amendatory
2Act of 1987; provided, however, the Board may extend the time
3for holding an election by an additional 60 days if, upon
4motion by a person who has filed a petition under this Section
5or is the subject of a petition filed under this Section and is
6a party to such hearing, or upon the Board's own motion, the
7Board finds that good cause has been shown for extending the
8election date; provided further, that nothing in this Section
9shall prohibit the Board, in its discretion, from extending
10the time for holding an election for so long as may be
11necessary under the circumstances, where the purpose for such
12extension is to permit resolution by the Board of an unfair
13labor practice charge filed by one of the parties to a
14representational proceeding against the other based upon
15conduct which may either affect the existence of a question
16concerning representation or have a tendency to interfere with
17a fair and free election, where the party filing the charge has
18not filed a request to proceed with the election; and provided
19further that prior to the expiration of the total time
20allotted for holding an election, a person who has filed a
21petition under this Section or is the subject of a petition
22filed under this Section and is a party to such hearing or the
23Board, may move for and obtain the entry of an order in the
24circuit court of the county in which the majority of the public
25employees sought to be represented by such person reside, such
26order extending the date upon which the election shall be

 

 

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1held. Such order shall be issued by the circuit court only upon
2a judicial finding that there has been a sufficient showing
3that there is good cause to extend the election date beyond
4such period and shall require the Board to hold the election as
5soon as is feasible given the totality of the circumstances.
6Such 120 day period may be extended one or more times by the
7agreement of all parties to the hearing to a date certain
8without the necessity of obtaining a court order. Nothing in
9this Section prohibits the waiving of hearings by stipulation
10for the purpose of a consent election in conformity with the
11rules and regulations of the Board or an election in a unit
12agreed upon by the parties. Other interested employee
13organizations may intervene in the proceedings in the manner
14and within the time period specified by rules and regulations
15of the Board. Interested parties who are necessary to the
16proceedings may also intervene in the proceedings in the
17manner and within the time period specified by the rules and
18regulations of the Board.
19    (a-5) The Board shall designate an exclusive
20representative for purposes of collective bargaining when the
21representative demonstrates a showing of majority interest by
22employees in the unit. If the parties to a dispute are without
23agreement on the means to ascertain the choice, if any, of
24employee organization as their representative, the Board shall
25ascertain the employees' choice of employee organization, on
26the basis of dues deduction authorization or other evidence,

 

 

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1or, if necessary, by conducting an election. All evidence
2submitted by an employee organization to the Board to
3ascertain an employee's choice of an employee organization is
4confidential and shall not be submitted to the employer for
5review. The Board shall ascertain the employee's choice of
6employee organization within 120 days after the filing of the
7majority interest petition; however, the Board may extend time
8by an additional 60 days, upon its own motion or upon the
9motion of a party to the proceeding. If either party provides
10to the Board, before the designation of a representative,
11clear and convincing evidence that the dues deduction
12authorizations, and other evidence upon which the Board would
13otherwise rely to ascertain the employees' choice of
14representative, are fraudulent or were obtained through
15coercion, the Board shall promptly thereafter conduct an
16election. The Board shall also investigate and consider a
17party's allegations that the dues deduction authorizations and
18other evidence submitted in support of a designation of
19representative without an election were subsequently changed,
20altered, withdrawn, or withheld as a result of employer fraud,
21coercion, or any other unfair labor practice by the employer.
22If the Board determines that a labor organization would have
23had a majority interest but for an employer's fraud, coercion,
24or unfair labor practice, it shall designate the labor
25organization as an exclusive representative without conducting
26an election. If a hearing is necessary to resolve any issues of

 

 

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1representation under this Section, the Board shall conclude
2its hearing process and issue a certification of the entire
3appropriate unit not later than 120 days after the date the
4petition was filed. The 120-day period may be extended one or
5more times by the agreement of all parties to a hearing to a
6date certain.
7    (a-6) A labor organization or an employer may file a unit
8clarification petition seeking to clarify an existing
9bargaining unit. The Board shall conclude its investigation,
10including any hearing process deemed necessary, and issue a
11certification of clarified unit or dismiss the petition not
12later than 120 days after the date the petition was filed. The
13120-day period may be extended one or more times by the
14agreement of all parties to a hearing to a date certain.
15    (b) The Board shall decide in each case, in order to assure
16public employees the fullest freedom in exercising the rights
17guaranteed by this Act, a unit appropriate for the purpose of
18collective bargaining, based upon but not limited to such
19factors as: historical pattern of recognition; community of
20interest including employee skills and functions; degree of
21functional integration; interchangeability and contact among
22employees; fragmentation of employee groups; common
23supervision, wages, hours and other working conditions of the
24employees involved; and the desires of the employees. For
25purposes of this subsection, fragmentation shall not be the
26sole or predominant factor used by the Board in determining an

 

 

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1appropriate bargaining unit. Except with respect to non-State
2fire fighters and paramedics employed by fire departments and
3fire protection districts, non-State peace officers and peace
4officers in the Illinois State Department of State Police, a
5single bargaining unit determined by the Board may not include
6both supervisors and nonsupervisors, except for bargaining
7units in existence on the effective date of this Act. With
8respect to non-State fire fighters and paramedics employed by
9fire departments and fire protection districts, non-State
10peace officers and peace officers in the Illinois State
11Department of State Police, a single bargaining unit
12determined by the Board may not include both supervisors and
13nonsupervisors, except for bargaining units in existence on
14the effective date of this amendatory Act of 1985.
15    In cases involving an historical pattern of recognition,
16and in cases where the employer has recognized the union as the
17sole and exclusive bargaining agent for a specified existing
18unit, the Board shall find the employees in the unit then
19represented by the union pursuant to the recognition to be the
20appropriate unit.
21    Notwithstanding the above factors, where the majority of
22public employees of a craft so decide, the Board shall
23designate such craft as a unit appropriate for the purposes of
24collective bargaining.
25    The Board shall not decide that any unit is appropriate if
26such unit includes both professional and nonprofessional

 

 

SB2037- 46 -LRB102 17120 WGH 22551 b

1employees, unless a majority of each group votes for inclusion
2in such unit.
3    (c) Nothing in this Act shall interfere with or negate the
4current representation rights or patterns and practices of
5labor organizations which have historically represented public
6employees for the purpose of collective bargaining, including
7but not limited to the negotiations of wages, hours and
8working conditions, discussions of employees' grievances,
9resolution of jurisdictional disputes, or the establishment
10and maintenance of prevailing wage rates, unless a majority of
11employees so represented express a contrary desire pursuant to
12the procedures set forth in this Act.
13    (d) In instances where the employer does not voluntarily
14recognize a labor organization as the exclusive bargaining
15representative for a unit of employees, the Board shall
16determine the majority representative of the public employees
17in an appropriate collective bargaining unit by conducting a
18secret ballot election, except as otherwise provided in
19subsection (a-5). Within 7 days after the Board issues its
20bargaining unit determination and direction of election or the
21execution of a stipulation for the purpose of a consent
22election, the public employer shall submit to the labor
23organization the complete names and addresses of those
24employees who are determined by the Board to be eligible to
25participate in the election. When the Board has determined
26that a labor organization has been fairly and freely chosen by

 

 

SB2037- 47 -LRB102 17120 WGH 22551 b

1a majority of employees in an appropriate unit, it shall
2certify such organization as the exclusive representative. If
3the Board determines that a majority of employees in an
4appropriate unit has fairly and freely chosen not to be
5represented by a labor organization, it shall so certify. The
6Board may also revoke the certification of the public employee
7organizations as exclusive bargaining representatives which
8have been found by a secret ballot election to be no longer the
9majority representative.
10    (e) The Board shall not conduct an election in any
11bargaining unit or any subdivision thereof within which a
12valid election has been held in the preceding 12-month period.
13The Board shall determine who is eligible to vote in an
14election and shall establish rules governing the conduct of
15the election or conduct affecting the results of the election.
16The Board shall include on a ballot in a representation
17election a choice of "no representation". A labor organization
18currently representing the bargaining unit of employees shall
19be placed on the ballot in any representation election. In any
20election where none of the choices on the ballot receives a
21majority, a runoff election shall be conducted between the 2
22choices receiving the largest number of valid votes cast in
23the election. A labor organization which receives a majority
24of the votes cast in an election shall be certified by the
25Board as exclusive representative of all public employees in
26the unit.

 

 

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1    (f) A labor organization shall be designated as the
2exclusive representative by a public employer, provided that
3the labor organization represents a majority of the public
4employees in an appropriate unit. Any employee organization
5which is designated or selected by the majority of public
6employees, in a unit of the public employer having no other
7recognized or certified representative, as their
8representative for purposes of collective bargaining may
9request recognition by the public employer in writing. The
10public employer shall post such request for a period of at
11least 20 days following its receipt thereof on bulletin boards
12or other places used or reserved for employee notices.
13    (g) Within the 20-day period any other interested employee
14organization may petition the Board in the manner specified by
15rules and regulations of the Board, provided that such
16interested employee organization has been designated by at
17least 10% of the employees in an appropriate bargaining unit
18which includes all or some of the employees in the unit
19recognized by the employer. In such event, the Board shall
20proceed with the petition in the same manner as provided by
21paragraph (1) of subsection (a) of this Section.
22    (h) No election shall be directed by the Board in any
23bargaining unit where there is in force a valid collective
24bargaining agreement. The Board, however, may process an
25election petition filed between 90 and 60 days prior to the
26expiration of the date of an agreement, and may further

 

 

SB2037- 49 -LRB102 17120 WGH 22551 b

1refine, by rule or decision, the implementation of this
2provision. Where more than 4 years have elapsed since the
3effective date of the agreement, the agreement shall continue
4to bar an election, except that the Board may process an
5election petition filed between 90 and 60 days prior to the end
6of the fifth year of such an agreement, and between 90 and 60
7days prior to the end of each successive year of such
8agreement.
9    (i) An order of the Board dismissing a representation
10petition, determining and certifying that a labor organization
11has been fairly and freely chosen by a majority of employees in
12an appropriate bargaining unit, determining and certifying
13that a labor organization has not been fairly and freely
14chosen by a majority of employees in the bargaining unit or
15certifying a labor organization as the exclusive
16representative of employees in an appropriate bargaining unit
17because of a determination by the Board that the labor
18organization is the historical bargaining representative of
19employees in the bargaining unit, is a final order. Any person
20aggrieved by any such order issued on or after the effective
21date of this amendatory Act of 1987 may apply for and obtain
22judicial review in accordance with provisions of the
23Administrative Review Law, as now or hereafter amended, except
24that such review shall be afforded directly in the Appellate
25Court for the district in which the aggrieved party resides or
26transacts business. Any direct appeal to the Appellate Court

 

 

SB2037- 50 -LRB102 17120 WGH 22551 b

1shall be filed within 35 days from the date that a copy of the
2decision sought to be reviewed was served upon the party
3affected by the decision.
4(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
 
5    Section 25. The State Employee Indemnification Act is
6amended by changing Section 1 as follows:
 
7    (5 ILCS 350/1)  (from Ch. 127, par. 1301)
8    Sec. 1. Definitions. For the purpose of this Act:
9    (a) The term "State" means the State of Illinois, the
10General Assembly, the court, or any State office, department,
11division, bureau, board, commission, or committee, the
12governing boards of the public institutions of higher
13education created by the State, the Illinois National Guard,
14the Illinois State Guard, the Comprehensive Health Insurance
15Board, any poison control center designated under the Poison
16Control System Act that receives State funding, or any other
17agency or instrumentality of the State. It does not mean any
18local public entity as that term is defined in Section 1-206 of
19the Local Governmental and Governmental Employees Tort
20Immunity Act or a pension fund.
21    (b) The term "employee" means: any present or former
22elected or appointed officer, trustee or employee of the
23State, or of a pension fund; any present or former
24commissioner or employee of the Executive Ethics Commission or

 

 

SB2037- 51 -LRB102 17120 WGH 22551 b

1of the Legislative Ethics Commission; any present or former
2Executive, Legislative, or Auditor General's Inspector
3General; any present or former employee of an Office of an
4Executive, Legislative, or Auditor General's Inspector
5General; any present or former member of the Illinois National
6Guard while on active duty; any present or former member of the
7Illinois State Guard while on State active duty; individuals
8or organizations who contract with the Department of
9Corrections, the Department of Juvenile Justice, the
10Comprehensive Health Insurance Board, or the Department of
11Veterans' Affairs to provide services; individuals or
12organizations who contract with the Department of Human
13Services (as successor to the Department of Mental Health and
14Developmental Disabilities) to provide services including but
15not limited to treatment and other services for sexually
16violent persons; individuals or organizations who contract
17with the Department of Military Affairs for youth programs;
18individuals or organizations who contract to perform carnival
19and amusement ride safety inspections for the Department of
20Labor; individuals who contract with the Office of the State's
21Attorneys Appellate Prosecutor to provide legal services, but
22only when performing duties within the scope of the Office's
23prosecutorial activities; individual representatives of or
24designated organizations authorized to represent the Office of
25State Long-Term Ombudsman for the Department on Aging;
26individual representatives of or organizations designated by

 

 

SB2037- 52 -LRB102 17120 WGH 22551 b

1the Department on Aging in the performance of their duties as
2adult protective services agencies or regional administrative
3agencies under the Adult Protective Services Act; individuals
4or organizations appointed as members of a review team or the
5Advisory Council under the Adult Protective Services Act;
6individuals or organizations who perform volunteer services
7for the State where such volunteer relationship is reduced to
8writing; individuals who serve on any public entity (whether
9created by law or administrative action) described in
10paragraph (a) of this Section; individuals or not for profit
11organizations who, either as volunteers, where such volunteer
12relationship is reduced to writing, or pursuant to contract,
13furnish professional advice or consultation to any agency or
14instrumentality of the State; individuals who serve as foster
15parents for the Department of Children and Family Services
16when caring for youth in care as defined in Section 4d of the
17Children and Family Services Act; individuals who serve as
18members of an independent team of experts under the
19Developmental Disability and Mental Health Safety Act (also
20known as Brian's Law); and individuals who serve as
21arbitrators pursuant to Part 10A of Article II of the Code of
22Civil Procedure and the rules of the Supreme Court
23implementing Part 10A, each as now or hereafter amended; the
24term "employee" does not mean an independent contractor except
25as provided in this Section. The term includes an individual
26appointed as an inspector by the Director of the Illinois

 

 

SB2037- 53 -LRB102 17120 WGH 22551 b

1State Police when performing duties within the scope of the
2activities of a Metropolitan Enforcement Group or a law
3enforcement organization established under the
4Intergovernmental Cooperation Act. An individual who renders
5professional advice and consultation to the State through an
6organization which qualifies as an "employee" under the Act is
7also an employee. The term includes the estate or personal
8representative of an employee.
9    (c) The term "pension fund" means a retirement system or
10pension fund created under the Illinois Pension Code.
11(Source: P.A. 100-159, eff. 8-18-17; 100-1030, eff. 8-22-18;
12101-81, eff. 7-12-19.)
 
13    Section 30. The State Services Assurance Act for FY2008 is
14amended by changing Section 3-15 as follows:
 
15    (5 ILCS 382/3-15)
16    Sec. 3-15. Staffing standards. On or before July 1, 2008
17each named agency shall increase and maintain the number of
18bilingual on-board frontline staff over the levels that it
19maintained on June 30, 2007 as follows:
20        (1) The Department of Corrections shall have at least
21    40 additional bilingual on-board frontline staff.
22        (2) Mental health and developmental centers operated
23    by the Department of Human Services shall have at least 20
24    additional bilingual on-board frontline staff.

 

 

SB2037- 54 -LRB102 17120 WGH 22551 b

1        (3) Family and Community Resource Centers operated by
2    the Department of Human Services shall have at least 100
3    additional bilingual on-board frontline staff.
4        (4) The Department of Children and Family Services
5    shall have at least 40 additional bilingual on-board
6    frontline staff.
7        (5) The Department of Veterans' Veterans Affairs shall
8    have at least 5 additional bilingual on-board frontline
9    staff.
10        (6) The Environmental Protection Agency shall have at
11    least 5 additional bilingual on-board frontline staff.
12        (7) The Department of Employment Security shall have
13    at least 10 additional bilingual on-board frontline staff.
14        (8) The Department of Natural Resources shall have at
15    least 5 additional bilingual on-board frontline staff.
16        (9) The Department of Public Health shall have at
17    least 5 additional bilingual on-board frontline staff.
18        (10) The Illinois Department of State Police shall
19    have at least 5 additional bilingual on-board frontline
20    staff.
21        (11) The Department of Juvenile Justice shall have at
22    least 25 additional bilingual on-board frontline staff.
23(Source: P.A. 95-707, eff. 1-11-08; revised 9-19-16.)
 
24    Section 35. The State Officials and Employees Ethics Act
25is amended by changing Sections 5-50 and 50-5 as follows:
 

 

 

SB2037- 55 -LRB102 17120 WGH 22551 b

1    (5 ILCS 430/5-50)
2    Sec. 5-50. Ex parte communications; special government
3agents.
4    (a) This Section applies to ex parte communications made
5to any agency listed in subsection (e).
6    (b) "Ex parte communication" means any written or oral
7communication by any person that imparts or requests material
8information or makes a material argument regarding potential
9action concerning regulatory, quasi-adjudicatory, investment,
10or licensing matters pending before or under consideration by
11the agency. "Ex parte communication" does not include the
12following: (i) statements by a person publicly made in a
13public forum; (ii) statements regarding matters of procedure
14and practice, such as format, the number of copies required,
15the manner of filing, and the status of a matter; and (iii)
16statements made by a State employee of the agency to the agency
17head or other employees of that agency.
18    (b-5) An ex parte communication received by an agency,
19agency head, or other agency employee from an interested party
20or his or her official representative or attorney shall
21promptly be memorialized and made a part of the record.
22    (c) An ex parte communication received by any agency,
23agency head, or other agency employee, other than an ex parte
24communication described in subsection (b-5), shall immediately
25be reported to that agency's ethics officer by the recipient

 

 

SB2037- 56 -LRB102 17120 WGH 22551 b

1of the communication and by any other employee of that agency
2who responds to the communication. The ethics officer shall
3require that the ex parte communication be promptly made a
4part of the record. The ethics officer shall promptly file the
5ex parte communication with the Executive Ethics Commission,
6including all written communications, all written responses to
7the communications, and a memorandum prepared by the ethics
8officer stating the nature and substance of all oral
9communications, the identity and job title of the person to
10whom each communication was made, all responses made, the
11identity and job title of the person making each response, the
12identity of each person from whom the written or oral ex parte
13communication was received, the individual or entity
14represented by that person, any action the person requested or
15recommended, and any other pertinent information. The
16disclosure shall also contain the date of any ex parte
17communication.
18    (d) "Interested party" means a person or entity whose
19rights, privileges, or interests are the subject of or are
20directly affected by a regulatory, quasi-adjudicatory,
21investment, or licensing matter.
22    (e) This Section applies to the following agencies:
23Executive Ethics Commission
24Illinois Commerce Commission
25Educational Labor Relations Board
26State Board of Elections

 

 

SB2037- 57 -LRB102 17120 WGH 22551 b

1Illinois Gaming Board
2Health Facilities and Services Review Board 
3Illinois Workers' Compensation Commission
4Illinois Labor Relations Board
5Illinois Liquor Control Commission
6Pollution Control Board
7Property Tax Appeal Board
8Illinois Racing Board
9Illinois Purchased Care Review Board
10Illinois Department of State Police Merit Board
11Motor Vehicle Review Board
12Prisoner Review Board
13Civil Service Commission
14Personnel Review Board for the Treasurer
15Merit Commission for the Secretary of State
16Merit Commission for the Office of the Comptroller
17Court of Claims
18Board of Review of the Department of Employment Security
19Department of Insurance
20Department of Professional Regulation and licensing boards
21  under the Department
22Department of Public Health and licensing boards under the
23  Department
24Office of Banks and Real Estate and licensing boards under
25  the Office
26State Employees Retirement System Board of Trustees

 

 

SB2037- 58 -LRB102 17120 WGH 22551 b

1Judges Retirement System Board of Trustees
2General Assembly Retirement System Board of Trustees
3Illinois Board of Investment
4State Universities Retirement System Board of Trustees
5Teachers Retirement System Officers Board of Trustees
6    (f) Any person who fails to (i) report an ex parte
7communication to an ethics officer, (ii) make information part
8of the record, or (iii) make a filing with the Executive Ethics
9Commission as required by this Section or as required by
10Section 5-165 of the Illinois Administrative Procedure Act
11violates this Act.
12(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.)
 
13    (5 ILCS 430/50-5)
14    Sec. 50-5. Penalties.
15    (a) A person is guilty of a Class A misdemeanor if that
16person intentionally violates any provision of Section 5-15,
175-30, 5-40, or 5-45 or Article 15.
18    (a-1) An ethics commission may levy an administrative fine
19for a violation of Section 5-45 of this Act of up to 3 times
20the total annual compensation that would have been obtained in
21violation of Section 5-45.
22    (b) A person who intentionally violates any provision of
23Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business
24offense subject to a fine of at least $1,001 and up to $5,000.
25    (c) A person who intentionally violates any provision of

 

 

SB2037- 59 -LRB102 17120 WGH 22551 b

1Article 10 is guilty of a business offense and subject to a
2fine of at least $1,001 and up to $5,000.
3    (d) Any person who intentionally makes a false report
4alleging a violation of any provision of this Act to an ethics
5commission, an inspector general, the Illinois State Police, a
6State's Attorney, the Attorney General, or any other law
7enforcement official is guilty of a Class A misdemeanor.
8    (e) An ethics commission may levy an administrative fine
9of up to $5,000 against any person who violates this Act, who
10intentionally obstructs or interferes with an investigation
11conducted under this Act by an inspector general, or who
12intentionally makes a false, frivolous, or bad faith
13allegation.
14    (f) In addition to any other penalty that may apply,
15whether criminal or civil, a State employee who intentionally
16violates any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35,
175-45, or 5-50, Article 10, Article 15, or Section 20-90 or
1825-90 is subject to discipline or discharge by the appropriate
19ultimate jurisdictional authority.
20    (g) Any person who violates Section 5-65 is subject to a
21fine of up to $5,000 per offense, and is subject to discipline
22or discharge by the appropriate ultimate jurisdictional
23authority. Each violation of Section 5-65 is a separate
24offense. Any penalty imposed by an ethics commission shall be
25separate and distinct from any fines or penalties imposed by a
26court of law or a State or federal agency.

 

 

SB2037- 60 -LRB102 17120 WGH 22551 b

1    (h) Any natural person or lobbying entity who
2intentionally violates Section 4.7, paragraph (d) of Section
35, or subsection (a-5) of Section 11 of the Lobbyist
4Registration Act is guilty of a business offense and shall be
5subject to a fine of up to $5,000. The Executive Ethics
6Commission, after the adjudication of a violation of Section
74.7 of the Lobbyist Registration Act for which an
8investigation was initiated by the Inspector General appointed
9by the Secretary of State under Section 14 of the Secretary of
10State Act, is authorized to strike or suspend the registration
11under the Lobbyist Registration Act of any person or lobbying
12entity for which that person is employed for a period of up to
133 years. In addition to any other fine or penalty which may be
14imposed, the Executive Ethics Commission may also levy an
15administrative fine of up to $5,000 for a violation specified
16under this subsection (h). Any penalty imposed by an ethics
17commission shall be separate and distinct from any fines or
18penalties imposed by a court of law or by the Secretary of
19State under the Lobbyist Registration Act.
20(Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)
 
21    Section 40. The Flag Display Act is amended by changing
22Section 10 as follows:
 
23    (5 ILCS 465/10)
24    Sec. 10. Death of resident military member, law

 

 

SB2037- 61 -LRB102 17120 WGH 22551 b

1enforcement officer, firefighter, or members of EMS crews.
2    (a) The Governor shall issue an official notice to fly the
3following flags at half-staff upon the death of a resident of
4this State killed (i) by hostile fire as a member of the United
5States armed forces, (ii) in the line of duty as a law
6enforcement officer, (iii) in the line of duty as a
7firefighter, (iv) in the line of duty as a member of an
8Emergency Medical Services (EMS) crew, or (v) during on duty
9training for active military duty: the United States national
10flag, the State flag of Illinois, and, in the case of the death
11of the member of the United States armed forces, the
12appropriate military flag as defined in subsection (b) of
13Section 18.6 of the Condominium Property Act. Upon the
14Governor's notice, each person or entity required by this Act
15to ensure the display of the United States national flag on a
16flagstaff shall ensure that the flags described in the notice
17are displayed at half-staff on the day designated for the
18resident's funeral and the 2 days preceding that day.
19    (b) The Department of Veterans' Affairs shall notify the
20Governor of the death by hostile fire of an Illinois resident
21member of the United States armed forces. In lieu of notice
22being provided by the Department of Veterans' Affairs, any
23other State or Federal entity, agency, or person holding such
24information may notify the Governor of the death by hostile
25fire of an Illinois resident member of the United States armed
26forces. If such notice is provided to the Governor by an

 

 

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1entity, agency, or person other than the Department of
2Veterans' Affairs, then the obligation to notify the Governor
3of an Illinois resident soldier's death under this subsection
4(b) shall be considered fulfilled. The Illinois Department of
5State Police shall notify the Governor of the death in the line
6of duty of an Illinois resident law enforcement officer. The
7Office of the State Fire Marshal shall notify the Governor of
8the death in the line of duty of an Illinois resident
9firefighter. The Department of Public Health shall notify the
10Governor of the death in the line of duty of an Illinois
11resident member of an Emergency Medical Services (EMS) crew.
12Notice to the Governor shall include at least the resident's
13name and Illinois address, the date designated for the
14funeral, and the circumstances of the death.
15    (c) For the purpose of this Section, the United States
16armed forces includes: (i) the United States Army, Navy,
17Marine Corps, Air Force, and Coast Guard; (ii) any reserve
18component of each of the forces listed in item (i); and (iii)
19the National Guard.
20    (d) Nothing in this Section requires the removal or
21relocation of any existing flags currently displayed in the
22State. This Section does not apply to a State facility if the
23requirements of this Section cannot be satisfied without a
24physical modification to that facility.
25(Source: P.A. 99-372, eff. 1-1-16; 100-33, eff. 1-1-18;
26100-201, eff. 8-18-17.)
 

 

 

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1    Section 50. The Seizure and Forfeiture Reporting Act is
2amended by changing Sections 10 and 15 as follows:
 
3    (5 ILCS 810/10)
4    Sec. 10. Reporting by law enforcement agency.
5    (a) Each law enforcement agency that seizes property
6subject to reporting under this Act shall report the following
7information about property seized or forfeited under State
8law:
9        (1) the name of the law enforcement agency that seized
10    the property;
11        (2) the date of the seizure;
12        (3) the type of property seized, including a building,
13    vehicle, boat, cash, negotiable security, or firearm,
14    except reporting is not required for seizures of
15    contraband including alcohol, gambling devices, drug
16    paraphernalia, and controlled substances;
17        (4) a description of the property seized and the
18    estimated value of the property and if the property is a
19    conveyance, the description shall include the make, model,
20    year, and vehicle identification number or serial number;
21    and
22        (5) the location where the seizure occurred.
23    The filing requirement shall be met upon filing Illinois
24State Police Notice/Inventory of Seized Property (Form 4-64)

 

 

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1with the State's Attorney's Office in the county where the
2forfeiture action is being commenced or with the Attorney
3General's Office if the forfeiture action is being commenced
4by that office, and the forwarding of Form 4-64 upon approval
5of the State's Attorney's Office or the Attorney General's
6Office to the Illinois Department of State Police Asset
7Forfeiture Section. With regard to seizures for which Form
84-64 is not required to be filed, the filing requirement shall
9be met by the filing of an annual summary report with the
10Illinois Department of State Police no later than 60 days
11after December 31 of that year.
12    (b) Each law enforcement agency, including a drug task
13force or Metropolitan Enforcement Group (MEG) unit, that
14receives proceeds from forfeitures subject to reporting under
15this Act shall file an annual report with the Illinois
16Department of State Police no later than 60 days after
17December 31 of that year. The format of the report shall be
18developed by the Illinois Department of State Police and shall
19be completed by the law enforcement agency. The report shall
20include, at a minimum, the amount of funds and other property
21distributed to the law enforcement agency by the Illinois
22Department of State Police, the amount of funds expended by
23the law enforcement agency, and the category of expenditure,
24including:
25        (1) crime, gang, or abuse prevention or intervention
26    programs;

 

 

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1        (2) compensation or services for crime victims;
2        (3) witness protection, informant fees, and controlled
3    purchases of contraband;
4        (4) salaries, overtime, and benefits, as permitted by
5    law;
6        (5) operating expenses, including but not limited to,
7    capital expenditures for vehicles, firearms, equipment,
8    computers, furniture, office supplies, postage, printing,
9    membership fees paid to trade associations, and fees for
10    professional services including auditing, court reporting,
11    expert witnesses, and attorneys;
12        (6) travel, meals, entertainment, conferences,
13    training, and continuing education seminars; and
14        (7) other expenditures of forfeiture proceeds.
15    (c) The Illinois Department of State Police shall
16establish and maintain on its official website a public
17database that includes annual aggregate data for each law
18enforcement agency that reports seizures of property under
19subsection (a) of this Section, that receives distributions of
20forfeiture proceeds subject to reporting under this Act, or
21reports expenditures under subsection (b) of this Section.
22This aggregate data shall include, for each law enforcement
23agency:
24        (1) the total number of asset seizures reported by
25    each law enforcement agency during the calendar year;
26        (2) the monetary value of all currency or its

 

 

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1    equivalent seized by the law enforcement agency during the
2    calendar year;
3        (3) the number of conveyances seized by the law
4    enforcement agency during the calendar year, and the
5    aggregate estimated value;
6        (4) the aggregate estimated value of all other
7    property seized by the law enforcement agency during the
8    calendar year;
9        (5) the monetary value of distributions by the
10    Illinois Department of State Police of forfeited currency
11    or auction proceeds from forfeited property to the law
12    enforcement agency during the calendar year; and
13        (6) the total amount of the law enforcement agency's
14    expenditures of forfeiture proceeds during the calendar
15    year, categorized as provided under subsection (b) of this
16    Section.
17    The database shall not provide names, addresses, phone
18numbers, or other personally identifying information of owners
19or interest holders, persons, business entities, covert office
20locations, or business entities involved in the forfeiture
21action and shall not disclose the vehicle identification
22number or serial number of any conveyance.
23    (d) The Illinois Department of State Police shall adopt
24rules to administer the asset forfeiture program, including
25the categories of authorized expenditures consistent with the
26statutory guidelines for each of the included forfeiture

 

 

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1statutes, the use of forfeited funds, other expenditure
2requirements, and the reporting of seizure and forfeiture
3information. The Illinois State Police Department may adopt
4rules necessary to implement this Act through the use of
5emergency rulemaking under Section 5-45 of the Illinois
6Administrative Procedure Act for a period not to exceed 180
7days after the effective date of this Act.
8    (e) The Illinois Department of State Police shall have
9authority and oversight over all law enforcement agencies
10receiving forfeited funds from the Illinois State Police
11Department. This authority shall include enforcement of rules
12and regulations adopted by the Illinois State Police
13Department and sanctions for violations of any rules and
14regulations, including the withholding of distributions of
15forfeiture proceeds from the law enforcement agency in
16violation.
17    (f) Upon application by a law enforcement agency to the
18Illinois Department of State Police, the reporting of a
19particular asset forfeited under this Section may be delayed
20if the asset in question was seized from a person who has
21become a confidential informant under the agency's
22confidential informant policy, or if the asset was seized as
23part of an ongoing investigation. This delayed reporting shall
24be granted by the Illinois Department of State Police for a
25maximum period of 6 months if the confidential informant is
26still providing cooperation to law enforcement or the

 

 

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1investigation is still ongoing, after which the asset shall be
2reported as required under this Act.
3    (g) The Illinois Department of State Police shall, on or
4before January 1, 2019, establish and implement the
5requirements of this Act. In order to implement the reporting
6and public database requirements under this Act, the Illinois
7Department of State Police Asset Forfeiture Section requires a
8one-time upgrade of its information technology software and
9hardware. This one-time upgrade shall be funded by a temporary
10allocation of 5% of all forfeited currency and 5% of the
11auction proceeds from each forfeited asset, which are to be
12distributed after the effective date of this Act. The Illinois
13Department of State Police shall transfer these funds at the
14time of distribution to a separate fund established by the
15Illinois Department of State Police. Moneys deposited in this
16fund shall be accounted for and shall be used only to pay for
17the actual one-time cost of purchasing and installing the
18hardware and software required to comply with this new
19reporting and public database requirement. Moneys deposited in
20the fund shall not be subject to reappropriation,
21reallocation, or redistribution for any other purpose. After
22sufficient funds are transferred to the fund to cover the
23actual one-time cost of purchasing and installing the hardware
24and software required to comply with this new reporting and
25public database requirement, no additional funds shall be
26transferred to the fund for any purpose. At the completion of

 

 

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1the one-time upgrade of the information technology hardware
2and software to comply with this new reporting and public
3database requirement, any remaining funds in the fund shall be
4returned to the participating agencies under the distribution
5requirements of the statutes from which the funds were
6transferred, and the fund shall no longer exist.
7    (h)(1) The Illinois Department of State Police, in
8consultation with and subject to the approval of the Chief
9Procurement Officer, may procure a single contract or multiple
10contracts to implement this Act.
11    (2) A contract or contracts under this subsection (h) are
12not subject to the Illinois Procurement Code, except for
13Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of
14that Code, provided that the Chief Procurement Officer may, in
15writing with justification, waive any certification required
16under Article 50 of the Illinois Procurement Code. The
17provisions of this paragraph (2), other than this sentence,
18are inoperative on and after July 1, 2019.
19(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
20    (5 ILCS 810/15)
21    Sec. 15. Fund audits.
22    (a) The Auditor General shall conduct, as a part of its
232-year compliance audit, an audit of the State Asset
24Forfeiture Fund for compliance with the requirements of this
25Act. The audit shall include, but not be limited to, the

 

 

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1following determinations:
2        (1) if detailed records of all receipts and
3    disbursements from the State Asset Forfeiture Fund are
4    being maintained;
5        (2) if administrative costs charged to the fund are
6    adequately documented and are reasonable; and
7        (3) if the procedures for making disbursements under
8    the Act are adequate.
9    (b) The Illinois Department of State Police, and any other
10entity or person that may have information relevant to the
11audit, shall cooperate fully and promptly with the Office of
12the Auditor General in conducting the audit. The Auditor
13General shall begin the audit during the next regular 2-year
14compliance audit of the Illinois Department of State Police
15and distribute the report upon completion under Section 3-14
16of the Illinois State Auditing Act.
17(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
18    Section 55. The Law Enforcement Criminal Sexual Assault
19Investigation Act is amended by changing Section 10 as
20follows:
 
21    (5 ILCS 815/10)
22    Sec. 10. Investigation of officer-involved criminal
23assault; requirements.
24    (a) Each law enforcement agency shall have a written

 

 

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1policy regarding the investigation of officer-involved
2criminal sexual assault that involves a law enforcement
3officer employed by that law enforcement agency.
4    (b) Each officer-involved criminal sexual assault
5investigation shall be conducted by at least 2 investigators
6or an entity comprised of at least 2 investigators, one of whom
7shall be the lead investigator. The investigators shall have
8completed a specialized sexual assault and sexual abuse
9investigation training program approved by the Illinois Law
10Enforcement Training Standards Board or similar training
11approved by the Illinois Department of State Police. No
12investigator involved in the investigation may be employed by
13the law enforcement agency that employs the officer involved
14in the officer-involved criminal sexual assault, unless the
15investigator is employed by the Illinois Department of State
16Police or a municipality with a population over 1,000,000 and
17is not assigned to the same division or unit as the officer
18involved in the criminal sexual assault.
19    (c) Upon receipt of an allegation or complaint of an
20officer-involved criminal sexual assault, a municipality with
21a population over 1,000,000 shall promptly notify an
22independent agency, created by ordinance of the municipality,
23tasked with investigating incidents of police misconduct.
24(Source: P.A. 100-515, eff. 1-1-18.)
 
25    Section 60. The Community-Law Enforcement Partnership for

 

 

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1Deflection and Substance Use Disorder Treatment Act is amended
2by changing Section 10 as follows:
 
3    (5 ILCS 820/10)
4    Sec. 10. Definitions. In this Act:
5    "Case management" means those services which will assist
6persons in gaining access to needed social, educational,
7medical, substance use and mental health treatment, and other
8services.
9    "Community member or organization" means an individual
10volunteer, resident, public office, or a not-for-profit
11organization, religious institution, charitable organization,
12or other public body committed to the improvement of
13individual and family mental and physical well-being and the
14overall social welfare of the community, and may include
15persons with lived experience in recovery from substance use
16disorder, either themselves or as family members.
17    "Deflection program" means a program in which a peace
18officer or member of a law enforcement agency facilitates
19contact between an individual and a licensed substance use
20treatment provider or clinician for assessment and
21coordination of treatment planning. This facilitation includes
22defined criteria for eligibility and communication protocols
23agreed to by the law enforcement agency and the licensed
24treatment provider for the purpose of providing substance use
25treatment to those persons in lieu of arrest or further

 

 

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1justice system involvement. Deflection programs may include,
2but are not limited to, the following types of responses:
3        (1) a post-overdose deflection response initiated by a
4    peace officer or law enforcement agency subsequent to
5    emergency administration of medication to reverse an
6    overdose, or in cases of severe substance use disorder
7    with acute risk for overdose;
8        (2) a self-referral deflection response initiated by
9    an individual by contacting a peace officer or law
10    enforcement agency in the acknowledgment of their
11    substance use or disorder;
12        (3) an active outreach deflection response initiated
13    by a peace officer or law enforcement agency as a result of
14    proactive identification of persons thought likely to have
15    a substance use disorder;
16        (4) an officer prevention deflection response
17    initiated by a peace officer or law enforcement agency in
18    response to a community call when no criminal charges are
19    present; and
20        (5) an officer intervention deflection response when
21    criminal charges are present but held in abeyance pending
22    engagement with treatment.
23    "Law enforcement agency" means a municipal police
24department or county sheriff's office of this State, the
25Illinois Department of State Police, or other law enforcement
26agency whose officers, by statute, are granted and authorized

 

 

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

 

 

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1outpatient, intensive outpatient, and residential services and
2care (including assessment, diagnosis, case management,
3medical, psychiatric, psychological and social services,
4medication-assisted treatment, care and counseling, and
5recovery support) which may be extended to persons who have
6substance use disorders, persons with mental illness, or
7families of those persons.
8(Source: P.A. 100-1025, eff. 1-1-19.)
 
9    Section 65. The Gun Trafficking Information Act is amended
10by changing Section 10-5 as follows:
 
11    (5 ILCS 830/10-5)
12    Sec. 10-5. Gun trafficking information.
13    (a) The Illinois Department of State Police shall use all
14reasonable efforts in making publicly available, on a regular
15and ongoing basis, key information related to firearms used in
16the commission of crimes in this State, including, but not
17limited to: reports on crimes committed with firearms,
18locations where the crimes occurred, the number of persons
19killed or injured in the commission of the crimes, the state
20where the firearms used originated, the Federal Firearms
21Licensee that sold the firearm, and the type of firearms used.
22The Illinois State Police Department shall make the
23information available on its website, in addition to
24electronically filing a report with the Governor and the

 

 

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1General Assembly. The report to the General Assembly shall be
2filed with the Clerk of the House of Representatives and the
3Secretary of the Senate in electronic form only, in the manner
4that the Clerk and the Secretary shall direct.
5    (b) The Illinois State Police Department shall study, on a
6regular and ongoing basis, and compile reports on the number
7of Firearm Owner's Identification Card checks to determine
8firearms trafficking or straw purchase patterns. The Illinois
9State Police Department shall, to the extent not inconsistent
10with law, share such reports and underlying data with academic
11centers, foundations, and law enforcement agencies studying
12firearms trafficking, provided that personally identifying
13information is protected. For purposes of this subsection (b),
14a Firearm Owner's Identification Card number is not personally
15identifying information, provided that no other personal
16information of the card holder is attached to the record. The
17Illinois State Police Department may create and attach an
18alternate unique identifying number to each Firearm Owner's
19Identification Card number, instead of releasing the Firearm
20Owner's Identification Card number itself.
21    (c) Each department, office, division, and agency of this
22State shall, to the extent not inconsistent with law,
23cooperate fully with the Illinois State Police Department and
24furnish the Illinois State Police Department with all relevant
25information and assistance on a timely basis as is necessary
26to accomplish the purpose of this Act. The Illinois Criminal

 

 

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1Justice Information Authority shall submit the information
2required in subsection (a) of this Section to the Illinois
3Department of State Police, and any other information as the
4Illinois State Police Department may request, to assist the
5Illinois State Police Department in carrying out its duties
6under this Act.
7(Source: P.A. 100-1178, eff. 1-18-19.)
 
8    Section 70. The Keep Illinois Families Together Act is
9amended by changing Section 5 as follows:
 
10    (5 ILCS 835/5)
11    Sec. 5. Public safety.
12    (a) In this Section:
13    "Law enforcement agency" means an agency in this State
14charged with enforcement of State, county, or municipal laws
15or with managing custody of detained persons in the State,
16including municipal police departments, sheriff's departments,
17campus police departments, the Illinois Department of State
18Police, and the Department of Juvenile Justice.
19    "Law enforcement official" means any officer or other
20agent of a State or local law enforcement agency authorized to
21enforce criminal laws, rules, regulations, or local ordinances
22or operate jails, correctional facilities, or juvenile
23detention facilities or to maintain custody of individuals in
24jails, correctional facilities, or juvenile detention

 

 

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1facilities also including any school resource officer or other
2police or security officer assigned to any public school,
3including any public pre-school and other early learning
4program, public elementary and secondary school, or public
5institution of higher education.
6    (b) On or after the effective date of this Act, no law
7enforcement agency or official may enter into or remain in an
8agreement with U.S. Immigration and Customs Enforcement under
9a federal 287(g) program.
10    (c) Nothing in this Section shall preclude a law
11enforcement official from otherwise executing that official's
12duties in ensuring public safety.
13(Source: P.A. 101-19, eff. 6-21-19.)
 
14    Section 72. The First Responders Suicide Prevention Act is
15amended by changing Section 30 as follows:
 
16    (5 ILCS 840/30)
17    Sec. 30. First Responders Suicide Task Force.
18    (a) The First Responders Suicide Task Force is created to
19pursue recommendations to help reduce the risk and rates of
20suicide among first responders, along with developing a
21mechanism to help reduce the risk and rates of suicide among
22first responders. The Task Force shall be composed of the
23following members:
24        (1) the Director of the Illinois State Police or his

 

 

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1    or her designee;
2        (2) the Director of Public Health or his or her
3    designee;
4        (3) 2 members of the House of Representatives
5    appointed by the Speaker of the House of Representatives,
6    one of whom shall serve as co-chair;
7        (4) 2 members of the House of Representatives
8    appointed by the Minority Leader of the House of
9    Representatives;
10        (5) 2 members of the Senate appointed by the President
11    of the Senate, one of whom shall serve as co-chair;
12        (6) 2 members of the Senate appointed by the Minority
13    Leader of the Senate;
14        (7) 2 members who represent 2 different mental health
15    organizations, one appointed by the Minority Leader of the
16    House of Representatives and one appointed by the Minority
17    Leader of the Senate;
18        (8) one member who represents an organization that
19    advocates on behalf of police appointed by the Speaker of
20    the House of Representatives;
21        (9) one member who represents the Chicago Police
22    Department appointed by the Minority Leader of the House
23    of Representatives;
24        (10) 2 members who represent organizations that
25    advocate on behalf of firefighters appointed by the
26    President of the Senate;

 

 

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1        (11) one member who represents the Chicago Fire
2    Department appointed by the Minority Leader of the Senate;
3    and
4        (12) one member who represents an organization that
5    advocates on behalf of sheriffs in the State of Illinois
6    appointed by the President of the Senate.
7    (b) Members of the Task Force shall be appointed within 30
8days after the effective date of this Act and shall serve
9without compensation. The Task Force shall begin meeting no
10later than 30 days after all members have been appointed. The
11Illinois Department of State Police shall provide
12administrative support for the Task Force, and if the subject
13matter is either sensitive or classified, the Task Force may
14hold its hearings in private.
15    (c) The Task Force shall issue a final report to the
16General Assembly on or December 31, 2020 and, one year after
17the filing of its report, is dissolved.
18(Source: P.A. 101-375, eff. 8-16-19.)
 
19    Section 75. The Executive Reorganization Implementation
20Act is amended by changing Section 3.1 as follows:
 
21    (15 ILCS 15/3.1)
22    Sec. 3.1. "Agency directly responsible to the Governor" or
23"agency" means any office, officer, division, or part thereof,
24and any other office, nonelective officer, department,

 

 

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1division, bureau, board, or commission in the executive branch
2of State government, except that it does not apply to any
3agency whose primary function is service to the General
4Assembly or the Judicial Branch of State government, or to any
5agency administered by the Attorney General, Secretary of
6State, State Comptroller or State Treasurer. In addition the
7term does not apply to the following agencies created by law
8with the primary responsibility of exercising regulatory or
9adjudicatory functions independently of the Governor:
10    (1) the State Board of Elections;
11    (2) the State Board of Education;
12    (3) the Illinois Commerce Commission;
13    (4) the Illinois Workers' Compensation Commission;
14    (5) the Civil Service Commission;
15    (6) the Fair Employment Practices Commission;
16    (7) the Pollution Control Board;
17    (8) the Illinois Department of State Police Merit Board;
18    (9) the Illinois Racing Board;
19    (10) the Illinois Power Agency;
20    (11) the Illinois Law Enforcement Training Standards
21Board; and
22    (12) the Illinois Liquor Control Commission.
23(Source: P.A. 100-995, eff. 8-20-18; 100-1050, eff. 7-1-19;
24101-81, eff. 7-12-19.)
 
25    Section 80. The Secretary of State Act is amended by

 

 

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1changing Sections 13 and 13.5 as follows:
 
2    (15 ILCS 305/13)  (from Ch. 124, par. 10.3)
3    Sec. 13. Whenever the Secretary of State is authorized or
4required by law to consider some aspect of criminal history
5record information for the purpose of carrying out his
6statutory powers and responsibilities, then, upon request and
7payment of fees in conformance with the requirements of
8Section 2605-400 of the Illinois Department of State Police
9Law (20 ILCS 2605/2605-400), the Illinois Department of State
10Police is authorized to furnish, pursuant to positive
11identification, such information contained in State files as
12is necessary to fulfill the request.
13(Source: P.A. 91-239, eff. 1-1-00.)
 
14    (15 ILCS 305/13.5)
15    Sec. 13.5. Illinois Department of State Police access to
16driver's license and identification card photographs. The
17Secretary of State shall allow the Illinois Department of
18State Police to access the driver's license or Illinois
19Identification card photograph, if available, of an applicant
20for a firearm concealed carry license under the Firearm
21Concealed Carry Act for the purpose of identifying the firearm
22concealed carry license applicant and issuing a license to the
23applicant.
24(Source: P.A. 98-63, eff. 7-9-13.)
 

 

 

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1    Section 85. The Secretary of State Merit Employment Code
2is amended by changing Section 10b.1 as follows:
 
3    (15 ILCS 310/10b.1)  (from Ch. 124, par. 110b.1)
4    Sec. 10b.1. Competitive examinations.
5    (a) For open competitive examinations to test the relative
6fitness of applicants for the respective positions. Tests
7shall be designed to eliminate those who are not qualified for
8entrance into the Office of the Secretary of State and to
9discover the relative fitness of those who are qualified. The
10Director may use any one of or any combination of the following
11examination methods which in his judgment best serves this
12end: investigation of education and experience; test of
13cultural knowledge; test of capacity; test of knowledge; test
14of manual skill; test of linguistic ability; test of
15character; test of physical skill; test of psychological
16fitness. No person with a record of misdemeanor convictions
17except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
1811-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
1914-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
2031-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
21(a)(1) and (a)(2)(C) of Section 11-14.3, and sub-sections 1, 6
22and 8 of Section 24-1 of the Criminal Code of 1961 or the
23Criminal Code of 2012, or arrested for any cause but not
24convicted thereon shall be disqualified from taking such

 

 

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1examinations or subsequent appointment unless the person is
2attempting to qualify for a position which would give him the
3powers of a peace officer, in which case the person's
4conviction or arrest record may be considered as a factor in
5determining the person's fitness for the position. All
6examinations shall be announced publicly at least 2 weeks in
7advance of the date of examinations and may be advertised
8through the press, radio or other media.
9    The Director may, at his discretion, accept the results of
10competitive examinations conducted by any merit system
11established by Federal law or by the law of any State, and may
12compile eligible lists therefrom or may add the names of
13successful candidates in examinations conducted by those merit
14systems to existing eligible lists in accordance with their
15respective ratings. No person who is a non-resident of the
16State of Illinois may be appointed from those eligible lists,
17however, unless the requirement that applicants be residents
18of the State of Illinois is waived by the Director of Personnel
19and unless there are less than 3 Illinois residents available
20for appointment from the appropriate eligible list. The
21results of the examinations conducted by other merit systems
22may not be used unless they are comparable in difficulty and
23comprehensiveness to examinations conducted by the Department
24of Personnel for similar positions. Special linguistic options
25may also be established where deemed appropriate.
26    (b) The Director of Personnel may require that each person

 

 

SB2037- 85 -LRB102 17120 WGH 22551 b

1seeking employment with the Secretary of State, as part of the
2application process, authorize an investigation to determine
3if the applicant has ever been convicted of a crime and if so,
4the disposition of those convictions; this authorization shall
5indicate the scope of the inquiry and the agencies which may be
6contacted. Upon this authorization, the Director of Personnel
7may request and receive information and assistance from any
8federal, state or local governmental agency as part of the
9authorized investigation. The investigation shall be
10undertaken after the fingerprinting of an applicant in the
11form and manner prescribed by the Illinois Department of State
12Police. The investigation shall consist of a criminal history
13records check performed by the Illinois Department of State
14Police and the Federal Bureau of Investigation, or some other
15entity that has the ability to check the applicant's
16fingerprints against the fingerprint records now and hereafter
17filed in the Illinois Department of State Police and Federal
18Bureau of Investigation criminal history records databases. If
19the Illinois Department of State Police and the Federal Bureau
20of Investigation conduct an investigation directly for the
21Secretary of State's Office, then the Illinois Department of
22State Police shall charge a fee for conducting the criminal
23history records check, which shall be deposited in the State
24Police Services Fund and shall not exceed the actual cost of
25the records check. The Illinois Department of State Police
26shall provide information concerning any criminal convictions,

 

 

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1and their disposition, brought against the applicant or
2prospective employee of the Secretary of State upon request of
3the Department of Personnel when the request is made in the
4form and manner required by the Illinois Department of State
5Police. The information derived from this investigation,
6including the source of this information, and any conclusions
7or recommendations derived from this information by the
8Director of Personnel shall be provided to the applicant or
9prospective employee, or his designee, upon request to the
10Director of Personnel prior to any final action by the
11Director of Personnel on the application. No information
12obtained from such investigation may be placed in any
13automated information system. Any criminal convictions and
14their disposition information obtained by the Director of
15Personnel shall be confidential and may not be transmitted
16outside the Office of the Secretary of State, except as
17required herein, and may not be transmitted to anyone within
18the Office of the Secretary of State except as needed for the
19purpose of evaluating the application. The only physical
20identity materials which the applicant or prospective employee
21can be required to provide the Director of Personnel are
22photographs or fingerprints; these shall be returned to the
23applicant or prospective employee upon request to the Director
24of Personnel, after the investigation has been completed and
25no copy of these materials may be kept by the Director of
26Personnel or any agency to which such identity materials were

 

 

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1transmitted. Only information and standards which bear a
2reasonable and rational relation to the performance of an
3employee shall be used by the Director of Personnel. The
4Secretary of State shall adopt rules and regulations for the
5administration of this Section. Any employee of the Secretary
6of State who gives or causes to be given away any confidential
7information concerning any criminal convictions and their
8disposition of an applicant or prospective employee shall be
9guilty of a Class A misdemeanor unless release of such
10information is authorized by this Section.
11(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
12    Section 95. The Civil Administrative Code of Illinois is
13amended by changing Sections 1-5, 5-15, 5-20, 5-410, and 5-715
14as follows:
 
15    (20 ILCS 5/1-5)
16    Sec. 1-5. Articles. The Civil Administrative Code of
17Illinois consists of the following Articles:
18    Article 1. General Provisions (20 ILCS 5/1-1 and
19following).
20    Article 5. Departments of State Government Law (20 ILCS
215/5-1 and following).
22    Article 50. State Budget Law (15 ILCS 20/).
23    Article 110. Department on Aging Law (20 ILCS 110/).
24    Article 205. Department of Agriculture Law (20 ILCS 205/).

 

 

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1    Article 250. State Fair Grounds Title Law (5 ILCS 620/).
2    Article 310. Department of Human Services (Alcoholism and
3Substance Abuse) Law (20 ILCS 310/).
4    Article 405. Department of Central Management Services Law
5(20 ILCS 405/).
6    Article 510. Department of Children and Family Services
7Powers Law (20 ILCS 510/).
8    Article 605. Department of Commerce and Economic
9Opportunity Law (20 ILCS 605/).
10    Article 805. Department of Natural Resources
11(Conservation) Law (20 ILCS 805/).
12    Article 1005. Department of Employment Security Law (20
13ILCS 1005/).
14    Article 1405. Department of Insurance Law (20 ILCS 1405/).
15    Article 1505. Department of Labor Law (20 ILCS 1505/).
16    Article 1710. Department of Human Services (Mental Health
17and Developmental Disabilities) Law (20 ILCS 1710/).
18    Article 1905. Department of Natural Resources (Mines and
19Minerals) Law (20 ILCS 1905/).
20    Article 2105. Department of Professional Regulation Law
21(20 ILCS 2105/).
22    Article 2205. Department of Healthcare and Family Services
23Law (20 ILCS 2205/).
24    Article 2310. Department of Public Health Powers and
25Duties Law (20 ILCS 2310/).
26    Article 2505. Department of Revenue Law (20 ILCS 2505/).

 

 

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1    Article 2510. Certified Audit Program Law (20 ILCS 2510/).
2    Article 2605. Illinois Department of State Police Law (20
3ILCS 2605/).
4    Article 2705. Department of Transportation Law (20 ILCS
52705/).
6    Article 3000. University of Illinois Exercise of Functions
7and Duties Law (110 ILCS 355/).
8(Source: P.A. 95-331, eff. 8-21-07; 96-328, eff. 8-11-09.)
 
9    (20 ILCS 5/5-15)  (was 20 ILCS 5/3)
10    Sec. 5-15. Departments of State government. The
11Departments of State government are created as follows:
12    The Department on Aging.
13    The Department of Agriculture.
14    The Department of Central Management Services.
15    The Department of Children and Family Services.
16    The Department of Commerce and Economic Opportunity.
17    The Department of Corrections.
18    The Department of Employment Security.
19    The Illinois Emergency Management Agency.
20    The Department of Financial and Professional Regulation.
21    The Department of Healthcare and Family Services.
22    The Department of Human Rights.
23    The Department of Human Services.
24    The Department of Innovation and Technology.
25    The Department of Insurance.

 

 

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1    The Department of Juvenile Justice.
2    The Department of Labor.
3    The Department of the Lottery.
4    The Department of Natural Resources.
5    The Department of Public Health.
6    The Department of Revenue.
7    The Illinois Department of State Police.
8    The Department of Transportation.
9    The Department of Veterans' Affairs.
10(Source: P.A. 100-611, eff. 7-20-18; 100-1179, eff. 1-18-19.)
 
11    (20 ILCS 5/5-20)  (was 20 ILCS 5/4)
12    Sec. 5-20. Heads of departments. Each department shall
13have an officer as its head who shall be known as director or
14secretary and who shall, subject to the provisions of the
15Civil Administrative Code of Illinois, execute the powers and
16discharge the duties vested by law in his or her respective
17department.
18    The following officers are hereby created:
19    Director of Aging, for the Department on Aging.
20    Director of Agriculture, for the Department of
21Agriculture.
22    Director of Central Management Services, for the
23Department of Central Management Services.
24    Director of Children and Family Services, for the
25Department of Children and Family Services.

 

 

SB2037- 91 -LRB102 17120 WGH 22551 b

1    Director of Commerce and Economic Opportunity, for the
2Department of Commerce and Economic Opportunity.
3    Director of Corrections, for the Department of
4Corrections.
5    Director of the Illinois Emergency Management Agency, for
6the Illinois Emergency Management Agency.
7    Director of Employment Security, for the Department of
8Employment Security.
9    Secretary of Financial and Professional Regulation, for
10the Department of Financial and Professional Regulation.
11    Director of Healthcare and Family Services, for the
12Department of Healthcare and Family Services.
13    Director of Human Rights, for the Department of Human
14Rights.
15    Secretary of Human Services, for the Department of Human
16Services.
17    Secretary of Innovation and Technology, for the Department
18of Innovation and Technology.
19    Director of Insurance, for the Department of Insurance.
20    Director of Juvenile Justice, for the Department of
21Juvenile Justice.
22    Director of Labor, for the Department of Labor.
23    Director of the Lottery, for the Department of the
24Lottery.
25    Director of Natural Resources, for the Department of
26Natural Resources.

 

 

SB2037- 92 -LRB102 17120 WGH 22551 b

1    Director of Public Health, for the Department of Public
2Health.
3    Director of Revenue, for the Department of Revenue.
4    Director of the Illinois State Police, for the Illinois
5Department of State Police.
6    Secretary of Transportation, for the Department of
7Transportation.
8    Director of Veterans' Affairs, for the Department of
9Veterans' Affairs.
10(Source: P.A. 100-611, eff. 7-20-18; 100-1179, eff. 1-18-19.)
 
11    (20 ILCS 5/5-410)  (was 20 ILCS 5/9.11)
12    Sec. 5-410. In the Illinois Department of State Police.
13For terms ending before December 31, 2019, the Director of the
14Illinois State Police shall receive an annual salary as set by
15the Compensation Review Board.
16    For terms ending before December 31, 2019, the Assistant
17Director of State Police shall receive an annual salary as set
18by the Compensation Review Board.
19(Source: P.A. 100-1179, eff. 1-18-19.)
 
20    (20 ILCS 5/5-715)
21    Sec. 5-715. Expedited licensure for service members and
22spouses.
23    (a) In this Section, "service member" means any person
24who, at the time of application under this Section, is an

 

 

SB2037- 93 -LRB102 17120 WGH 22551 b

1active duty member of the United States Armed Forces or any
2reserve component of the United States Armed Forces, the Coast
3Guard, or the National Guard of any state, commonwealth, or
4territory of the United States or the District of Columbia or
5whose active duty service concluded within the preceding 2
6years before application.
7    (a-5) The Department of Financial and Professional
8Regulation shall within 180 days after the effective date of
9this amendatory Act of the 101st General Assembly designate
10one staff member as the military liaison within the Department
11of Financial and Professional Regulation to ensure proper
12enactment of the requirements of this Section. The military
13liaison's responsibilities shall also include, but are not
14limited to: (1) the management of all expedited applications
15to ensure processing within 60 days after receipt of a
16completed application; (2) coordination with all military
17installation military and family support center directors
18within this State, including virtual, phone, or in-person
19periodic meetings with each military installation military and
20family support center; and (3) training by the military
21liaison to all directors of each division that issues an
22occupational or professional license to ensure proper
23application of this Section. Beginning in 2020, and at the end
24of each calendar year thereafter, the military liaison shall
25provide an annual report documenting the expedited licensure
26program for service members and spouses, and shall deliver

 

 

SB2037- 94 -LRB102 17120 WGH 22551 b

1that report to the Secretary of Financial and Professional
2Regulation and the Lieutenant Governor.
3    (b) Each director of a department that issues an
4occupational or professional license is authorized to and
5shall issue an expedited license to a service member who meets
6the requirements under this Section. Review and determination
7of an application for a license issued by the department shall
8be expedited by the department within 60 days after the date on
9which the applicant provides the department with all necessary
10documentation required for licensure. An expedited license
11shall be issued by the department to any service members
12meeting the application requirements of this Section,
13regardless of whether the service member currently resides in
14this State. The service member shall apply to the department
15on forms provided by the department. An application must
16include proof that:
17        (1) the applicant is a service member;
18        (2) the applicant holds a valid license in good
19    standing for the occupation or profession issued by
20    another state, commonwealth, possession, or territory of
21    the United States, the District of Columbia, or any
22    foreign jurisdiction and the requirements for licensure in
23    the other jurisdiction are determined by the department to
24    be substantially equivalent to the standards for licensure
25    of this State;
26        (3) the applicant is assigned to a duty station in

 

 

SB2037- 95 -LRB102 17120 WGH 22551 b

1    this State, has established legal residence in this State,
2    or will reside in this State within 6 months after the date
3    of application;
4        (4) a complete set of the applicant's fingerprints has
5    been submitted to the Illinois Department of State Police
6    for statewide and national criminal history checks, if
7    applicable to the requirements of the department issuing
8    the license; the applicant shall pay the fee to the
9    Illinois Department of State Police or to the fingerprint
10    vendor for electronic fingerprint processing; no temporary
11    occupational or professional license shall be issued to an
12    applicant if the statewide or national criminal history
13    check discloses information that would cause the denial of
14    an application for licensure under any applicable
15    occupational or professional licensing Act;
16        (5) the applicant is not ineligible for licensure
17    pursuant to Section 2105-165 of the Civil Administrative
18    Code of Illinois;
19        (6) the applicant has submitted an application for
20    full licensure; and
21        (7) the applicant has paid the required fee; fees
22    shall not be refundable.
23    (c) Each director of a department that issues an
24occupational or professional license is authorized to and
25shall issue an expedited license to the spouse of a service
26member who meets the requirements under this Section. Review

 

 

SB2037- 96 -LRB102 17120 WGH 22551 b

1and determination of an application for a license shall be
2expedited by the department within 60 days after the date on
3which the applicant provides the department with all necessary
4documentation required for licensure. An expedited license
5shall be issued by the department to any spouse of a service
6member meeting the application requirements of this Section,
7regardless of whether the spouse or the service member
8currently reside in this State. The spouse of a service member
9shall apply to the department on forms provided by the
10department. An application must include proof that:
11        (1) the applicant is the spouse of a service member;
12        (2) the applicant holds a valid license in good
13    standing for the occupation or profession issued by
14    another state, commonwealth, possession, or territory of
15    the United States, the District of Columbia, or any
16    foreign jurisdiction and the requirements for licensure in
17    the other jurisdiction are determined by the department to
18    be substantially equivalent to the standards for licensure
19    of this State;
20        (3) the applicant's spouse is assigned to a duty
21    station in this State, has established legal residence in
22    this State, or will reside in this State within 6 months
23    after the date of application;
24        (4) a complete set of the applicant's fingerprints has
25    been submitted to the Illinois Department of State Police
26    for statewide and national criminal history checks, if

 

 

SB2037- 97 -LRB102 17120 WGH 22551 b

1    applicable to the requirements of the department issuing
2    the license; the applicant shall pay the fee to the
3    Illinois Department of State Police or to the fingerprint
4    vendor for electronic fingerprint processing; no temporary
5    occupational or professional license shall be issued to an
6    applicant if the statewide or national criminal history
7    check discloses information that would cause the denial of
8    an application for licensure under any applicable
9    occupational or professional licensing Act;
10        (5) the applicant is not ineligible for licensure
11    pursuant to Section 2105-165 of the Civil Administrative
12    Code of Illinois;
13        (6) the applicant has submitted an application for
14    full licensure; and
15        (7) the applicant has paid the required fee; fees
16    shall not be refundable.
17    (c-5) If a service member or his or her spouse relocates
18from this State, he or she shall be provided an opportunity to
19place his or her license in inactive status through
20coordination with the military liaison. If the service member
21or his or her spouse returns to this State, he or she may
22reactivate the license in accordance with the statutory
23provisions regulating the profession and any applicable
24administrative rules. The license reactivation shall be
25expedited and completed within 30 days after receipt of a
26completed application to reactivate the license. A license

 

 

SB2037- 98 -LRB102 17120 WGH 22551 b

1reactivation is only applicable when the valid license for
2which the first issuance of a license was predicated is still
3valid and in good standing. An application to reactivate a
4license must include proof that the applicant still holds a
5valid license in good standing for the occupation or
6profession issued in another State, commonwealth, possession,
7or territory of the United States, the District of Columbia,
8or any foreign jurisdiction.
9    (d) All relevant experience of a service member or his or
10her spouse in the discharge of official duties, including
11full-time and part-time experience, shall be credited in the
12calculation of any years of practice in an occupation or
13profession as may be required under any applicable
14occupational or professional licensing Act. All relevant
15training provided by the military and completed by a service
16member shall be credited to that service member as meeting any
17training or education requirement under any applicable
18occupational or professional licensing Act, provided that the
19training or education is determined by the department to be
20substantially equivalent to that required under any applicable
21Act and is not otherwise contrary to any other licensure
22requirement.
23    (e) A department may adopt any rules necessary for the
24implementation and administration of this Section and shall by
25rule provide for fees for the administration of this Section.
26(Source: P.A. 101-240, eff. 1-1-20.)
 

 

 

SB2037- 99 -LRB102 17120 WGH 22551 b

1    (20 ILCS 5/5-180 rep.)
2    Section 100. The Civil Administrative Code of Illinois is
3amended by repealing Section 5-180.
 
4    Section 105. The Department of Agriculture Law of the
5Civil Administrative Code of Illinois is amended by changing
6Section 205-425 as follows:
 
7    (20 ILCS 205/205-425)  (was 20 ILCS 205/40.37)
8    Sec. 205-425. Criminal history record information from
9Illinois Department of State Police. Whenever the Department
10is authorized or required by law to consider some aspect of
11criminal history record information for the purpose of
12carrying out its statutory powers and responsibilities, then,
13upon request and payment of fees in conformance with the
14requirements of Section 2605-400 of the Illinois Department of
15State Police Law (20 ILCS 2605/2605-400), the Illinois
16Department of State Police is authorized to furnish, pursuant
17to positive identification, the information contained in State
18files that is necessary to fulfill the request.
19(Source: P.A. 91-239, eff. 1-1-00.)
 
20    Section 110. The Substance Use Disorder Act is amended by
21changing Sections 5-10, 10-15, and 45-55 as follows:
 

 

 

SB2037- 100 -LRB102 17120 WGH 22551 b

1    (20 ILCS 301/5-10)
2    Sec. 5-10. Functions of the Department.
3    (a) In addition to the powers, duties and functions vested
4in the Department by this Act, or by other laws of this State,
5the Department shall carry out the following activities:
6        (1) Design, coordinate and fund comprehensive
7    community-based and culturally and gender-appropriate
8    services throughout the State. These services must include
9    prevention, early intervention, treatment, and other
10    recovery support services for substance use disorders that
11    are accessible and addresses the needs of at-risk
12    individuals and their families.
13        (2) Act as the exclusive State agency to accept,
14    receive and expend, pursuant to appropriation, any public
15    or private monies, grants or services, including those
16    received from the federal government or from other State
17    agencies, for the purpose of providing prevention, early
18    intervention, treatment, and other recovery support
19    services for substance use disorders.
20        (2.5) In partnership with the Department of Healthcare
21    and Family Services, act as one of the principal State
22    agencies for the sole purpose of calculating the
23    maintenance of effort requirement under Section 1930 of
24    Title XIX, Part B, Subpart II of the Public Health Service
25    Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
26    96.134).

 

 

SB2037- 101 -LRB102 17120 WGH 22551 b

1        (3) Coordinate a statewide strategy for the
2    prevention, early intervention, treatment, and recovery
3    support of substance use disorders. This strategy shall
4    include the development of a comprehensive plan, submitted
5    annually with the application for federal substance use
6    disorder block grant funding, for the provision of an
7    array of such services. The plan shall be based on local
8    community-based needs and upon data including, but not
9    limited to, that which defines the prevalence of and costs
10    associated with substance use disorders. This
11    comprehensive plan shall include identification of
12    problems, needs, priorities, services and other pertinent
13    information, including the needs of minorities and other
14    specific priority populations in the State, and shall
15    describe how the identified problems and needs will be
16    addressed. For purposes of this paragraph, the term
17    "minorities and other specific priority populations" may
18    include, but shall not be limited to, groups such as
19    women, children, intravenous drug users, persons with AIDS
20    or who are HIV infected, veterans, African-Americans,
21    Puerto Ricans, Hispanics, Asian Americans, the elderly,
22    persons in the criminal justice system, persons who are
23    clients of services provided by other State agencies,
24    persons with disabilities and such other specific
25    populations as the Department may from time to time
26    identify. In developing the plan, the Department shall

 

 

SB2037- 102 -LRB102 17120 WGH 22551 b

1    seek input from providers, parent groups, associations and
2    interested citizens.
3        The plan developed under this Section shall include an
4    explanation of the rationale to be used in ensuring that
5    funding shall be based upon local community needs,
6    including, but not limited to, the incidence and
7    prevalence of, and costs associated with, substance use
8    disorders, as well as upon demonstrated program
9    performance.
10        The plan developed under this Section shall also
11    contain a report detailing the activities of and progress
12    made through services for the care and treatment of
13    substance use disorders among pregnant women and mothers
14    and their children established under subsection (j) of
15    Section 35-5.
16        As applicable, the plan developed under this Section
17    shall also include information about funding by other
18    State agencies for prevention, early intervention,
19    treatment, and other recovery support services.
20        (4) Lead, foster and develop cooperation, coordination
21    and agreements among federal and State governmental
22    agencies and local providers that provide assistance,
23    services, funding or other functions, peripheral or
24    direct, in the prevention, early intervention, treatment,
25    and recovery support for substance use disorders. This
26    shall include, but shall not be limited to, the following:

 

 

SB2037- 103 -LRB102 17120 WGH 22551 b

1            (A) Cooperate with and assist other State
2        agencies, as applicable, in establishing and
3        conducting substance use disorder services among the
4        populations they respectively serve.
5            (B) Cooperate with and assist the Illinois
6        Department of Public Health in the establishment,
7        funding and support of programs and services for the
8        promotion of maternal and child health and the
9        prevention and treatment of infectious diseases,
10        including but not limited to HIV infection, especially
11        with respect to those persons who are high risk due to
12        intravenous injection of illegal drugs, or who may
13        have been sexual partners of these individuals, or who
14        may have impaired immune systems as a result of a
15        substance use disorder.
16            (C) Supply to the Department of Public Health and
17        prenatal care providers a list of all providers who
18        are licensed to provide substance use disorder
19        treatment for pregnant women in this State.
20            (D) Assist in the placement of child abuse or
21        neglect perpetrators (identified by the Illinois
22        Department of Children and Family Services (DCFS)) who
23        have been determined to be in need of substance use
24        disorder treatment pursuant to Section 8.2 of the
25        Abused and Neglected Child Reporting Act.
26            (E) Cooperate with and assist DCFS in carrying out

 

 

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1        its mandates to:
2                (i) identify substance use disorders among its
3            clients and their families; and
4                (ii) develop services to deal with such
5            disorders.
6        These services may include, but shall not be limited
7        to, programs to prevent or treat substance use
8        disorders with DCFS clients and their families,
9        identifying child care needs within such treatment,
10        and assistance with other issues as required.
11            (F) Cooperate with and assist the Illinois
12        Criminal Justice Information Authority with respect to
13        statistical and other information concerning the
14        incidence and prevalence of substance use disorders.
15            (G) Cooperate with and assist the State
16        Superintendent of Education, boards of education,
17        schools, police departments, the Illinois Department
18        of State Police, courts and other public and private
19        agencies and individuals in establishing prevention
20        programs statewide and preparing curriculum materials
21        for use at all levels of education.
22            (H) Cooperate with and assist the Illinois
23        Department of Healthcare and Family Services in the
24        development and provision of services offered to
25        recipients of public assistance for the treatment and
26        prevention of substance use disorders.

 

 

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1            (I) (Blank).
2        (5) From monies appropriated to the Department from
3    the Drunk and Drugged Driving Prevention Fund, reimburse
4    DUI evaluation and risk education programs licensed by the
5    Department for providing indigent persons with free or
6    reduced-cost evaluation and risk education services
7    relating to a charge of driving under the influence of
8    alcohol or other drugs.
9        (6) Promulgate regulations to identify and disseminate
10    best practice guidelines that can be utilized by publicly
11    and privately funded programs as well as for levels of
12    payment to government funded programs that provide
13    prevention, early intervention, treatment, and other
14    recovery support services for substance use disorders and
15    those services referenced in Sections 15-10 and 40-5.
16        (7) In consultation with providers and related trade
17    associations, specify a uniform methodology for use by
18    funded providers and the Department for billing and
19    collection and dissemination of statistical information
20    regarding services related to substance use disorders.
21        (8) Receive data and assistance from federal, State
22    and local governmental agencies, and obtain copies of
23    identification and arrest data from all federal, State and
24    local law enforcement agencies for use in carrying out the
25    purposes and functions of the Department.
26        (9) Designate and license providers to conduct

 

 

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1    screening, assessment, referral and tracking of clients
2    identified by the criminal justice system as having
3    indications of substance use disorders and being eligible
4    to make an election for treatment under Section 40-5 of
5    this Act, and assist in the placement of individuals who
6    are under court order to participate in treatment.
7        (10) Identify and disseminate evidence-based best
8    practice guidelines as maintained in administrative rule
9    that can be utilized to determine a substance use disorder
10    diagnosis.
11        (11) (Blank).
12        (12) Make grants with funds appropriated from the Drug
13    Treatment Fund in accordance with Section 7 of the
14    Controlled Substance and Cannabis Nuisance Act, or in
15    accordance with Section 80 of the Methamphetamine Control
16    and Community Protection Act, or in accordance with
17    subsections (h) and (i) of Section 411.2 of the Illinois
18    Controlled Substances Act, or in accordance with Section
19    6z-107 of the State Finance Act.
20        (13) Encourage all health and disability insurance
21    programs to include substance use disorder treatment as a
22    covered service and to use evidence-based best practice
23    criteria as maintained in administrative rule and as
24    required in Public Act 99-0480 in determining the
25    necessity for such services and continued stay.
26        (14) Award grants and enter into fixed-rate and

 

 

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1    fee-for-service arrangements with any other department,
2    authority or commission of this State, or any other state
3    or the federal government or with any public or private
4    agency, including the disbursement of funds and furnishing
5    of staff, to effectuate the purposes of this Act.
6        (15) Conduct a public information campaign to inform
7    the State's Hispanic residents regarding the prevention
8    and treatment of substance use disorders.
9    (b) In addition to the powers, duties and functions vested
10in it by this Act, or by other laws of this State, the
11Department may undertake, but shall not be limited to, the
12following activities:
13        (1) Require all organizations licensed or funded by
14    the Department to include an education component to inform
15    participants regarding the causes and means of
16    transmission and methods of reducing the risk of acquiring
17    or transmitting HIV infection and other infectious
18    diseases, and to include funding for such education
19    component in its support of the program.
20        (2) Review all State agency applications for federal
21    funds that include provisions relating to the prevention,
22    early intervention and treatment of substance use
23    disorders in order to ensure consistency.
24        (3) Prepare, publish, evaluate, disseminate and serve
25    as a central repository for educational materials dealing
26    with the nature and effects of substance use disorders.

 

 

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1    Such materials may deal with the educational needs of the
2    citizens of Illinois, and may include at least pamphlets
3    that describe the causes and effects of fetal alcohol
4    spectrum disorders.
5        (4) Develop and coordinate, with regional and local
6    agencies, education and training programs for persons
7    engaged in providing services for persons with substance
8    use disorders, which programs may include specific HIV
9    education and training for program personnel.
10        (5) Cooperate with and assist in the development of
11    education, prevention, early intervention, and treatment
12    programs for employees of State and local governments and
13    businesses in the State.
14        (6) Utilize the support and assistance of interested
15    persons in the community, including recovering persons, to
16    assist individuals and communities in understanding the
17    dynamics of substance use disorders, and to encourage
18    individuals with substance use disorders to voluntarily
19    undergo treatment.
20        (7) Promote, conduct, assist or sponsor basic
21    clinical, epidemiological and statistical research into
22    substance use disorders and research into the prevention
23    of those problems either solely or in conjunction with any
24    public or private agency.
25        (8) Cooperate with public and private agencies,
26    organizations and individuals in the development of

 

 

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1    programs, and to provide technical assistance and
2    consultation services for this purpose.
3        (9) (Blank).
4        (10) (Blank).
5        (11) Fund, promote, or assist entities dealing with
6    substance use disorders.
7        (12) With monies appropriated from the Group Home Loan
8    Revolving Fund, make loans, directly or through
9    subcontract, to assist in underwriting the costs of
10    housing in which individuals recovering from substance use
11    disorders may reside, pursuant to Section 50-40 of this
12    Act.
13        (13) Promulgate such regulations as may be necessary
14    to carry out the purposes and enforce the provisions of
15    this Act.
16        (14) Provide funding to help parents be effective in
17    preventing substance use disorders by building an
18    awareness of the family's role in preventing substance use
19    disorders through adjusting expectations, developing new
20    skills, and setting positive family goals. The programs
21    shall include, but not be limited to, the following
22    subjects: healthy family communication; establishing rules
23    and limits; how to reduce family conflict; how to build
24    self-esteem, competency, and responsibility in children;
25    how to improve motivation and achievement; effective
26    discipline; problem solving techniques; and how to talk

 

 

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1    about drugs and alcohol. The programs shall be open to all
2    parents.
3(Source: P.A. 100-494, eff. 6-1-18; 100-759, eff. 1-1-19;
4101-10, eff. 6-5-19.)
 
5    (20 ILCS 301/10-15)
6    Sec. 10-15. Qualification and appointment of members. The
7membership of the Illinois Advisory Council may, as needed,
8consist of:
9        (a) A State's Attorney designated by the President of
10    the Illinois State's Attorneys Association.
11        (b) A judge designated by the Chief Justice of the
12    Illinois Supreme Court.
13        (c) A Public Defender appointed by the President of
14    the Illinois Public Defender Association.
15        (d) A local law enforcement officer appointed by the
16    Governor.
17        (e) A labor representative appointed by the Governor.
18        (f) An educator appointed by the Governor.
19        (g) A physician licensed to practice medicine in all
20    its branches appointed by the Governor with due regard for
21    the appointee's knowledge of the field of substance use
22    disorders.
23        (h) 4 members of the Illinois House of
24    Representatives, 2 each appointed by the Speaker and
25    Minority Leader.

 

 

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1        (i) 4 members of the Illinois Senate, 2 each appointed
2    by the President and Minority Leader.
3        (j) The Chief Executive Officer of the Illinois
4    Association for Behavioral Health or his or her designee.
5        (k) An advocate for the needs of youth appointed by
6    the Governor.
7        (l) The President of the Illinois State Medical
8    Society or his or her designee.
9        (m) The President of the Illinois Hospital Association
10    or his or her designee.
11        (n) The President of the Illinois Nurses Association
12    or a registered nurse designated by the President.
13        (o) The President of the Illinois Pharmacists
14    Association or a licensed pharmacist designated by the
15    President.
16        (p) The President of the Illinois Chapter of the
17    Association of Labor-Management Administrators and
18    Consultants on Alcoholism.
19        (p-1) The Chief Executive Officer of the Community
20    Behavioral Healthcare Association of Illinois or his or
21    her designee.
22        (q) The Attorney General or his or her designee.
23        (r) The State Comptroller or his or her designee.
24        (s) 20 public members, 8 appointed by the Governor, 3
25    of whom shall be representatives of substance use disorder
26    treatment programs and one of whom shall be a

 

 

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1    representative of a manufacturer or importing distributor
2    of alcoholic liquor licensed by the State of Illinois, and
3    3 public members appointed by each of the President and
4    Minority Leader of the Senate and the Speaker and Minority
5    Leader of the House.
6        (t) The Director, Secretary, or other chief
7    administrative officer, ex officio, or his or her
8    designee, of each of the following: the Department on
9    Aging, the Department of Children and Family Services, the
10    Department of Corrections, the Department of Juvenile
11    Justice, the Department of Healthcare and Family Services,
12    the Department of Revenue, the Department of Public
13    Health, the Department of Financial and Professional
14    Regulation, the Illinois Department of State Police, the
15    Administrative Office of the Illinois Courts, the Criminal
16    Justice Information Authority, and the Department of
17    Transportation.
18        (u) Each of the following, ex officio, or his or her
19    designee: the Secretary of State, the State Superintendent
20    of Education, and the Chairman of the Board of Higher
21    Education.
22    The public members may not be officers or employees of the
23executive branch of State government; however, the public
24members may be officers or employees of a State college or
25university or of any law enforcement agency. In appointing
26members, due consideration shall be given to the experience of

 

 

SB2037- 113 -LRB102 17120 WGH 22551 b

1appointees in the fields of medicine, law, prevention,
2correctional activities, and social welfare. Vacancies in the
3public membership shall be filled for the unexpired term by
4appointment in like manner as for original appointments, and
5the appointive members shall serve until their successors are
6appointed and have qualified. Vacancies among the public
7members appointed by the legislative leaders shall be filled
8by the leader of the same house and of the same political party
9as the leader who originally appointed the member.
10    Each non-appointive member may designate a representative
11to serve in his place by written notice to the Department. All
12General Assembly members shall serve until their respective
13successors are appointed or until termination of their
14legislative service, whichever occurs first. The terms of
15office for each of the members appointed by the Governor shall
16be for 3 years, except that of the members first appointed, 3
17shall be appointed for a term of one year, and 4 shall be
18appointed for a term of 2 years. The terms of office of each of
19the public members appointed by the legislative leaders shall
20be for 2 years.
21(Source: P.A. 100-201, eff. 8-18-17; 100-759, eff. 1-1-19.)
 
22    (20 ILCS 301/45-55)
23    Sec. 45-55. Powers and duties of designated agents.
24    (a) It is hereby made the sole and exclusive duty of the
25Department, and its designated agents, officers and

 

 

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1investigators, to investigate all violations of this Act, and
2to cooperate with all agencies charged with enforcement of the
3laws of the United States, or any state, concerning matters
4pertaining to this Act. Nothing in this Act shall bar a grand
5jury from conducting an investigation of any alleged violation
6of this Act. Any agent, officer, investigator or peace officer
7designated by the Department may:
8        (1) execute and serve administrative inspection
9    warrants and subpoenas under the authority of this State.
10        (2) make seizures of property pursuant to the
11    provisions of this Act.
12        (3) perform such other duties as the Department may
13    designate.
14    The Secretary may appoint such investigators as is deemed
15necessary to carry out the provisions of this Act. It shall be
16the duty of such investigators to investigate and report
17violations of the provisions of this Act. With respect to the
18enforcement of the provisions of this Act, such investigators
19shall have the authority to serve subpoenas, summonses and
20administrative inspection warrants. They shall be conservators
21of the peace and, as such, they shall have and may exercise
22during the course of an inspection or investigation all the
23powers possessed by policemen in the cities and sheriffs in
24the counties of this State, except that they may exercise such
25powers anywhere in the State.
26    (b) The Department or its designated agents, either before

 

 

SB2037- 115 -LRB102 17120 WGH 22551 b

1or after the issuance of a license, may request and shall
2receive the cooperation of the Illinois Department of State
3Police, county and multiple county health departments, or
4municipal boards of health to make investigations to determine
5if the applicant or licensee is complying with minimum
6standards prescribed by the Department.
7(Source: P.A. 88-80; 89-507, eff. 7-1-97.)
 
8    Section 115. The Department of Central Management Services
9Law of the Civil Administrative Code of Illinois is amended by
10changing Section 405-320 as follows:
 
11    (20 ILCS 405/405-320)  (was 20 ILCS 405/67.25)
12    Sec. 405-320. Multi-use State facility at Collinsville;
13State Police district headquarters at Sterling.
14    (a) To enter into an agreement with a private individual,
15trust, partnership, or corporation or a municipality or other
16unit of local government whereby that individual, trust,
17partnership, or corporation or municipality or other unit of
18local government will construct a structure in the vicinity of
19Collinsville, Illinois for the purposes of its serving as a
20multi-use State facility and then lease that structure to the
21Department for the use of the Department of Transportation and
22other State agencies.
23    (b) To enter into an agreement with a municipality or
24other unit of local government whereby the municipality or

 

 

SB2037- 116 -LRB102 17120 WGH 22551 b

1other unit of local government will construct a structure in
2the vicinity of Sterling, Illinois for the purposes of its
3serving as an Illinois a Department of State Police district
4headquarters and then lease the structure to the Department
5for the use of the Illinois State Police. The Director is
6further authorized to convey the existing Illinois State
7Police headquarters at Sterling to the City of Sterling,
8Illinois, a municipal corporation, at a value established by
9the average of 3 appraisals in exchange for a deduction of
10equal value against any amounts due the municipality under the
11State's contract to acquire an Illinois a State Police district
12headquarters at Sterling.
13    (c) A lease entered into pursuant to the authority granted
14in this Section shall be for a term not to exceed 30 years but
15may grant to the State the option to purchase the structure
16outright.
17    (d) The lease shall be approved by the heads of the
18agencies occupying the facility and shall be and shall recite
19that it is subject to termination and cancellation in any year
20for which the General Assembly fails to make an appropriation
21to pay the rent payable under the terms of the lease.
22(Source: P.A. 91-239, eff. 1-1-00.)
 
23    Section 120. The Personnel Code is amended by changing
24Sections 4c, 8c, and 10 as follows:
 

 

 

SB2037- 117 -LRB102 17120 WGH 22551 b

1    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
2    Sec. 4c. General exemptions. The following positions in
3State service shall be exempt from jurisdictions A, B, and C,
4unless the jurisdictions shall be extended as provided in this
5Act:
6        (1) All officers elected by the people.
7        (2) All positions under the Lieutenant Governor,
8    Secretary of State, State Treasurer, State Comptroller,
9    State Board of Education, Clerk of the Supreme Court,
10    Attorney General, and State Board of Elections.
11        (3) Judges, and officers and employees of the courts,
12    and notaries public.
13        (4) All officers and employees of the Illinois General
14    Assembly, all employees of legislative commissions, all
15    officers and employees of the Illinois Legislative
16    Reference Bureau and the Legislative Printing Unit.
17        (5) All positions in the Illinois National Guard and
18    Illinois State Guard, paid from federal funds or positions
19    in the State Military Service filled by enlistment and
20    paid from State funds.
21        (6) All employees of the Governor at the executive
22    mansion and on his immediate personal staff.
23        (7) Directors of Departments, the Adjutant General,
24    the Assistant Adjutant General, the Director of the
25    Illinois Emergency Management Agency, members of boards
26    and commissions, and all other positions appointed by the

 

 

SB2037- 118 -LRB102 17120 WGH 22551 b

1    Governor by and with the consent of the Senate.
2        (8) The presidents, other principal administrative
3    officers, and teaching, research and extension faculties
4    of Chicago State University, Eastern Illinois University,
5    Governors State University, Illinois State University,
6    Northeastern Illinois University, Northern Illinois
7    University, Western Illinois University, the Illinois
8    Community College Board, Southern Illinois University,
9    Illinois Board of Higher Education, University of
10    Illinois, State Universities Civil Service System,
11    University Retirement System of Illinois, and the
12    administrative officers and scientific and technical staff
13    of the Illinois State Museum.
14        (9) All other employees except the presidents, other
15    principal administrative officers, and teaching, research
16    and extension faculties of the universities under the
17    jurisdiction of the Board of Regents and the colleges and
18    universities under the jurisdiction of the Board of
19    Governors of State Colleges and Universities, Illinois
20    Community College Board, Southern Illinois University,
21    Illinois Board of Higher Education, Board of Governors of
22    State Colleges and Universities, the Board of Regents,
23    University of Illinois, State Universities Civil Service
24    System, University Retirement System of Illinois, so long
25    as these are subject to the provisions of the State
26    Universities Civil Service Act.

 

 

SB2037- 119 -LRB102 17120 WGH 22551 b

1        (10) The Illinois State Police so long as they are
2    subject to the merit provisions of the Illinois State
3    Police Act.
4        (11) (Blank).
5        (12) The technical and engineering staffs of the
6    Department of Transportation, the Department of Nuclear
7    Safety, the Pollution Control Board, and the Illinois
8    Commerce Commission, and the technical and engineering
9    staff providing architectural and engineering services in
10    the Department of Central Management Services.
11        (13) All employees of the Illinois State Toll Highway
12    Authority.
13        (14) The Secretary of the Illinois Workers'
14    Compensation Commission.
15        (15) All persons who are appointed or employed by the
16    Director of Insurance under authority of Section 202 of
17    the Illinois Insurance Code to assist the Director of
18    Insurance in discharging his responsibilities relating to
19    the rehabilitation, liquidation, conservation, and
20    dissolution of companies that are subject to the
21    jurisdiction of the Illinois Insurance Code.
22        (16) All employees of the St. Louis Metropolitan Area
23    Airport Authority.
24        (17) All investment officers employed by the Illinois
25    State Board of Investment.
26        (18) Employees of the Illinois Young Adult

 

 

SB2037- 120 -LRB102 17120 WGH 22551 b

1    Conservation Corps program, administered by the Illinois
2    Department of Natural Resources, authorized grantee under
3    Title VIII of the Comprehensive Employment and Training
4    Act of 1973, 29 USC 993.
5        (19) Seasonal employees of the Department of
6    Agriculture for the operation of the Illinois State Fair
7    and the DuQuoin State Fair, no one person receiving more
8    than 29 days of such employment in any calendar year.
9        (20) All "temporary" employees hired under the
10    Department of Natural Resources' Illinois Conservation
11    Service, a youth employment program that hires young
12    people to work in State parks for a period of one year or
13    less.
14        (21) All hearing officers of the Human Rights
15    Commission.
16        (22) All employees of the Illinois Mathematics and
17    Science Academy.
18        (23) All employees of the Kankakee River Valley Area
19    Airport Authority.
20        (24) The commissioners and employees of the Executive
21    Ethics Commission.
22        (25) The Executive Inspectors General, including
23    special Executive Inspectors General, and employees of
24    each Office of an Executive Inspector General.
25        (26) The commissioners and employees of the
26    Legislative Ethics Commission.

 

 

SB2037- 121 -LRB102 17120 WGH 22551 b

1        (27) The Legislative Inspector General, including
2    special Legislative Inspectors General, and employees of
3    the Office of the Legislative Inspector General.
4        (28) The Auditor General's Inspector General and
5    employees of the Office of the Auditor General's Inspector
6    General.
7        (29) All employees of the Illinois Power Agency.
8        (30) Employees having demonstrable, defined advanced
9    skills in accounting, financial reporting, or technical
10    expertise who are employed within executive branch
11    agencies and whose duties are directly related to the
12    submission to the Office of the Comptroller of financial
13    information for the publication of the Comprehensive
14    Annual Financial Report (CAFR).
15        (31) All employees of the Illinois Sentencing Policy
16    Advisory Council.
17(Source: P.A. 100-1148, eff. 12-10-18.)
 
18    (20 ILCS 415/8c)  (from Ch. 127, par. 63b108c)
19    Sec. 8c. Jurisdiction C; conditions of employment. For
20positions in the State service subject to the jurisdiction of
21the Department of Central Management Services with respect to
22conditions of employment:
23        (1) For establishment of a plan for resolving employee
24    grievances and complaints, excluding compulsory
25    arbitration.

 

 

SB2037- 122 -LRB102 17120 WGH 22551 b

1        (2) For hours of work, holidays, and attendance
2    regulation in the various classes of positions in the
3    State service; for annual, sick and special leaves of
4    absence, with or without pay or with reduced pay; for
5    compensatory time off for overtime or for pay for
6    overtime, and for the rate at which compensatory time off
7    is to be allowed or for the rate which is to be paid for
8    overtime. If the services of an employee in the State
9    service are terminated by reason of his retirement,
10    disability or death, he, or his estate, as the case may be,
11    shall be paid a lump sum, for the number of days for leave
12    for personal business which the employee had accumulated
13    but not used as of the date his services were terminated,
14    in an amount equal to 1/2 of his pay per working day times
15    the number of such leave days so accumulated and not used.
16        (3) For the development and operation of programs to
17    improve the work effectiveness and morale of employees in
18    the State service, including training, safety, health,
19    welfare, counseling, recreation, employee relations, a
20    suggestion system, and others.
21        Employees whose tuition and fees are paid by the
22    State, either directly or by reimbursement, shall incur a
23    work commitment to the State. Employees whose State paid
24    training has not led to a postsecondary degree shall be
25    obligated to continue in the employ of the State, but not
26    necessarily in the same agency, for a period of at least 18

 

 

SB2037- 123 -LRB102 17120 WGH 22551 b

1    months following completion of the most recent course.
2    Employees whose State paid training has led to a
3    postsecondary degree and whose State payments have paid
4    for 50% or more of the required credit hours shall be
5    obligated to continue in the employ of the State, but not
6    necessarily in the same agency, for a minimum of 4 years
7    after receiving the degree.
8        If the employee does not fulfill this work commitment
9    by voluntarily leaving State employment, the State may
10    recover payments in a civil action and may also recover
11    interest at the rate of 1% per month from the time the
12    State makes payment until the time the State recovers the
13    payment. The amount the State may recover under this
14    subsection (3) shall be reduced by 25% of the gross amount
15    paid by the State for each year the employee is employed by
16    the State after the employee receives a postsecondary
17    degree, and 1/18th of the gross amount paid by the State
18    for each month the employee is employed by the State after
19    the employee completes the most recent course which has
20    not led to a postsecondary degree.
21        The State shall not recover payments for course work
22    or a training program that was (a) started before the
23    effective date of this Act; (b) completed as a requirement
24    for a grammar school certificate or a high school diploma,
25    to prepare for high school equivalency testing, or to
26    improve literacy or numeracy; (c) specialized training in

 

 

SB2037- 124 -LRB102 17120 WGH 22551 b

1    the form of a conference, seminar, workshop, or similar
2    arrangement offered by public or private organizations;
3    (d) provided as part of the Upward Mobility Program
4    administered by the Department of Central Management
5    Services; or (e) a condition of continued employment.
6        Illinois Department of State Police employees who are
7    enrolled in an official training program that lasts longer
8    than one year shall incur a work commitment to the State.
9    The work commitment shall be 2 months for each month of
10    completed training. If the employee fails to fulfill this
11    work commitment by voluntarily leaving State employment,
12    the State may recover wages in a civil action and may also
13    recover interest at the rate of 1% per month from the time
14    the State makes payment until the time the State recovers
15    the payment. The amount the State may recover under this
16    subsection (3) shall be reduced by the number of months
17    served after the training is completed times the monthly
18    salary at the time of separation.
19        The Department of Central Management Services shall
20    promulgate rules governing recovery activities to be used
21    by all State agencies paying, whether directly or by
22    reimbursement, for employee tuition and fees. Each such
23    agency shall make necessary efforts, including pursuing
24    appropriate legal action, to recover the actual
25    reimbursements and applicable interest due the State under
26    this subsection (3).

 

 

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1        (4) For the establishment of a sick pay plan in
2    accordance with Section 36 of the State Finance Act.
3        (5) For the establishment of a family responsibility
4    leave plan under which an employee in the State service
5    may request and receive a leave of absence for up to one
6    year without penalty whenever such leave is requested to
7    enable the employee to meet a bona fide family
8    responsibility of such employee. The procedure for
9    determining and documenting the existence of a bona fide
10    family responsibility shall be as provided by rule, but
11    without limiting the circumstances which shall constitute
12    a bona fide family responsibility under the rules, such
13    circumstances shall include leave incident to the birth of
14    the employee's child and the responsibility thereafter to
15    provide proper care to that child or to a newborn child
16    adopted by the employee, the responsibility to provide
17    regular care to a disabled, incapacitated or bedridden
18    resident of the employee's household or member of the
19    employee's family, and the responsibility to furnish
20    special guidance, care and supervision to a resident of
21    the employee's household or member of the employee's
22    family in need thereof under circumstances temporarily
23    inconsistent with uninterrupted employment in State
24    service. The family responsibility leave plan so
25    established shall provide that any such leave shall be
26    without pay, that the seniority of the employee on such

 

 

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1    leave shall not be reduced during the period of the leave,
2    that such leave shall not under any circumstance or for
3    any purpose be deemed to cause a break in such employee's
4    State service, that during the period of such leave any
5    coverage of the employee or the employee's dependents
6    which existed at the commencement of the leave under any
7    group health, hospital, medical and life insurance plan
8    provided through the State shall continue so long as the
9    employee pays to the State when due the full premium
10    incident to such coverage, and that upon expiration of the
11    leave the employee shall be returned to the same position
12    and classification which such employee held at the
13    commencement of the leave. The Director of Central
14    Management Services shall prepare proposed rules
15    consistent with this paragraph within 45 days after the
16    effective date of this amendatory Act of 1983, shall
17    promptly thereafter cause a public hearing thereon to be
18    held as provided in Section 8 and shall within 120 days
19    after the effective date of this amendatory Act of 1983
20    cause such proposed rules to be submitted to the Civil
21    Service Commission as provided in Section 8.
22        (6) For the development and operation of a plan for
23    alternative employment for any employee who is able to
24    perform alternative employment after a work related or
25    non-work related disability essentially precludes that
26    employee from performing his or her currently assigned

 

 

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1    duties. Such a plan shall be voluntary for any employee
2    and nonparticipation shall not be grounds for denial of
3    any benefit to which the employee would otherwise be
4    eligible. Any plan seeking to cover positions for which
5    there is a recognized bargaining agent shall be subject to
6    collective bargaining between the parties.
7        (7) For the development and operation of an Executive
8    Development Program to provide scholarships for the
9    receipt of academic degrees or senior executive training
10    beyond the Bachelor's degree level for as many as 25
11    employees at any given time:
12            (i) each of whom is nominated for such scholarship
13        by the head of the employee's agency and approved by
14        the Director;
15            (ii) who are subject to Term Appointment under
16        Section 8b.18 or who would be subject to such Term
17        Appointment but for Federal funding or who are exempt
18        from Jurisdiction B under subsections (2), (3) or (6)
19        of Section 4d of this Act:
20            (iii) who meet the admission standards established
21        by the institution awarding the advanced degree or
22        conducting the training;
23            (iv) each of whom agrees, as a condition of
24        accepting such scholarship, that the State may recover
25        the scholarship by garnishment, lien or other
26        appropriate legal action if the employee fails to

 

 

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1        continue in the employ of the State, but not
2        necessarily in the same agency, for a minimum of 4
3        years following receipt of an advanced degree or
4        training and that the State may charge interest from
5        the time of payment until the time of recovery of such
6        scholarship of no less than 1% per month or 12% per
7        annum on all funds recovered by the State. The amount
8        the State may recover under this Section will be
9        reduced by 25% of the gross amount paid by the State
10        for each year of employment following receipt of the
11        advanced degree or training.
12        The Director shall in approving eligible employees for
13    the Executive Development Program make every attempt to
14    guarantee that at least 1/3 of the employees appointed to
15    the program reflect the ratio of sex, race, and ethnicity
16    of eligible employees.
17        Such scholarships shall not exceed the amount
18    established for tuition and fees for the applicable
19    advanced degree or training at State universities in
20    Illinois whether the employee enrolls at any Illinois
21    public or private institution, and shall not include any
22    textbooks or equipment such as personal computers.
23        The Department of Central Management Services shall
24    make necessary efforts, including appropriate legal
25    action, to recover scholarships and interest thereupon due
26    subject to recovery by the State under Subparagraph (iv)

 

 

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1    of this Subsection (7).
2(Source: P.A. 98-718, eff. 1-1-15.)
 
3    (20 ILCS 415/10)  (from Ch. 127, par. 63b110)
4    Sec. 10. Duties and powers of the Commission. The Civil
5Service Commission shall have duties and powers as follows:
6        (1) Upon written recommendations by the Director of
7    the Department of Central Management Services to exempt
8    from jurisdiction B of this Act positions which, in the
9    judgment of the Commission, involve either principal
10    administrative responsibility for the determination of
11    policy or principal administrative responsibility for the
12    way in which policies are carried out. This authority may
13    not be exercised, however, with respect to the position of
14    Assistant Director of Healthcare and Family Services in
15    the Department of Healthcare and Family Services.
16        (2) To require such special reports from the Director
17    as it may consider desirable.
18        (3) To disapprove original rules or any part thereof
19    within 90 days and any amendment thereof within 30 days
20    after the submission of such rules to the Civil Service
21    Commission by the Director, and to disapprove any
22    amendments thereto in the same manner.
23        (4) To approve or disapprove within 60 days from date
24    of submission the position classification plan submitted
25    by the Director as provided in the rules, and any

 

 

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1    revisions thereof within 30 days from the date of
2    submission.
3        (5) To hear appeals of employees who do not accept the
4    allocation of their positions under the position
5    classification plan.
6        (6) To hear and determine written charges filed
7    seeking the discharge, demotion of employees and
8    suspension totaling more than thirty days in any 12-month
9    period, as provided in Section 11 hereof, and appeals from
10    transfers from one geographical area in the State to
11    another, and in connection therewith to administer oaths,
12    subpoena witnesses, and compel the production of books and
13    papers.
14        (7) The fees of subpoenaed witnesses under this Act
15    for attendance and travel shall be the same as fees of
16    witnesses before the circuit courts of the State, such
17    fees to be paid when the witness is excused from further
18    attendance. Whenever a subpoena is issued the Commission
19    may require that the cost of service and the fee of the
20    witness shall be borne by the party at whose insistence
21    the witness is summoned. The Commission has the power, at
22    its discretion, to require a deposit from such party to
23    cover the cost of service and witness fees and the payment
24    of the legal witness fee and mileage to the witness served
25    with the subpoena. A subpoena issued under this Act shall
26    be served in the same manner as a subpoena issued out of a

 

 

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1    court.
2        Upon the failure or refusal to obey a subpoena, a
3    petition shall be prepared by the party serving the
4    subpoena for enforcement in the circuit court of the
5    county in which the person to whom the subpoena was
6    directed either resides or has his or her principal place
7    of business.
8        Not less than five days before the petition is filed
9    in the appropriate court, it shall be served on the person
10    along with a notice of the time and place the petition is
11    to be presented.
12        Following a hearing on the petition, the circuit court
13    shall have jurisdiction to enforce subpoenas issued
14    pursuant to this Section.
15        On motion and for good cause shown the Commission may
16    quash or modify any subpoena.
17        (8) To make an annual report regarding the work of the
18    Commission to the Governor, such report to be a public
19    report.
20        (9) If any violation of this Act is found, the
21    Commission shall direct compliance in writing.
22        (10) To appoint a full-time executive secretary and
23    such other employees, experts, and special assistants as
24    may be necessary to carry out the powers and duties of the
25    Commission under this Act and employees, experts, and
26    special assistants so appointed by the Commission shall be

 

 

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1    subject to the provisions of jurisdictions A, B and C of
2    this Act. These powers and duties supersede any contrary
3    provisions herein contained.
4        (11) To make rules to carry out and implement their
5    powers and duties under this Act, with authority to amend
6    such rules from time to time.
7        (12) To hear or conduct investigations as it deems
8    necessary of appeals of layoff filed by employees
9    appointed under Jurisdiction B after examination provided
10    that such appeals are filed within 15 calendar days
11    following the effective date of such layoff and are made
12    on the basis that the provisions of the Personnel Code or
13    of the Rules of the Department of Central Management
14    Services relating to layoff have been violated or have not
15    been complied with.
16        All hearings shall be public. A decision shall be
17    rendered within 60 days after receipt of the transcript of
18    the proceedings. The Commission shall order the
19    reinstatement of the employee if it is proven that the
20    provisions of the Personnel Code or of the rules of the
21    Department of Central Management Services relating to
22    layoff have been violated or have not been complied with.
23    In connection therewith the Commission may administer
24    oaths, subpoena witnesses, and compel the production of
25    books and papers.
26        (13) Whenever the Civil Service Commission is

 

 

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1    authorized or required by law to consider some aspect of
2    criminal history record information for the purpose of
3    carrying out its statutory powers and responsibilities,
4    then, upon request and payment of fees in conformance with
5    the requirements of Section 2605-400 of the Illinois
6    Department of State Police Law (20 ILCS 2605/2605-400),
7    the Illinois Department of State Police is authorized to
8    furnish, pursuant to positive identification, such
9    information contained in State files as is necessary to
10    fulfill the request.
11(Source: P.A. 100-201, eff. 8-18-17.)
 
12    Section 125. The Children and Family Services Act is
13amended by changing Sections 5, 35.5, and 35.6 as follows:
 
14    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
15    Sec. 5. Direct child welfare services; Department of
16Children and Family Services. To provide direct child welfare
17services when not available through other public or private
18child care or program facilities.
19    (a) For purposes of this Section:
20        (1) "Children" means persons found within the State
21    who are under the age of 18 years. The term also includes
22    persons under age 21 who:
23            (A) were committed to the Department pursuant to
24        the Juvenile Court Act or the Juvenile Court Act of

 

 

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1        1987, as amended, and who continue under the
2        jurisdiction of the court; or
3            (B) were accepted for care, service and training
4        by the Department prior to the age of 18 and whose best
5        interest in the discretion of the Department would be
6        served by continuing that care, service and training
7        because of severe emotional disturbances, physical
8        disability, social adjustment or any combination
9        thereof, or because of the need to complete an
10        educational or vocational training program.
11        (2) "Homeless youth" means persons found within the
12    State who are under the age of 19, are not in a safe and
13    stable living situation and cannot be reunited with their
14    families.
15        (3) "Child welfare services" means public social
16    services which are directed toward the accomplishment of
17    the following purposes:
18            (A) protecting and promoting the health, safety
19        and welfare of children, including homeless,
20        dependent, or neglected children;
21            (B) remedying, or assisting in the solution of
22        problems which may result in, the neglect, abuse,
23        exploitation, or delinquency of children;
24            (C) preventing the unnecessary separation of
25        children from their families by identifying family
26        problems, assisting families in resolving their

 

 

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1        problems, and preventing the breakup of the family
2        where the prevention of child removal is desirable and
3        possible when the child can be cared for at home
4        without endangering the child's health and safety;
5            (D) restoring to their families children who have
6        been removed, by the provision of services to the
7        child and the families when the child can be cared for
8        at home without endangering the child's health and
9        safety;
10            (E) placing children in suitable adoptive homes,
11        in cases where restoration to the biological family is
12        not safe, possible, or appropriate;
13            (F) assuring safe and adequate care of children
14        away from their homes, in cases where the child cannot
15        be returned home or cannot be placed for adoption. At
16        the time of placement, the Department shall consider
17        concurrent planning, as described in subsection (l-1)
18        of this Section so that permanency may occur at the
19        earliest opportunity. Consideration should be given so
20        that if reunification fails or is delayed, the
21        placement made is the best available placement to
22        provide permanency for the child;
23            (G) (blank);
24            (H) (blank); and
25            (I) placing and maintaining children in facilities
26        that provide separate living quarters for children

 

 

SB2037- 136 -LRB102 17120 WGH 22551 b

1        under the age of 18 and for children 18 years of age
2        and older, unless a child 18 years of age is in the
3        last year of high school education or vocational
4        training, in an approved individual or group treatment
5        program, in a licensed shelter facility, or secure
6        child care facility. The Department is not required to
7        place or maintain children:
8                (i) who are in a foster home, or
9                (ii) who are persons with a developmental
10            disability, as defined in the Mental Health and
11            Developmental Disabilities Code, or
12                (iii) who are female children who are
13            pregnant, pregnant and parenting, or parenting, or
14                (iv) who are siblings, in facilities that
15            provide separate living quarters for children 18
16            years of age and older and for children under 18
17            years of age.
18    (b) (Blank).
19    (c) The Department shall establish and maintain
20tax-supported child welfare services and extend and seek to
21improve voluntary services throughout the State, to the end
22that services and care shall be available on an equal basis
23throughout the State to children requiring such services.
24    (d) The Director may authorize advance disbursements for
25any new program initiative to any agency contracting with the
26Department. As a prerequisite for an advance disbursement, the

 

 

SB2037- 137 -LRB102 17120 WGH 22551 b

1contractor must post a surety bond in the amount of the advance
2disbursement and have a purchase of service contract approved
3by the Department. The Department may pay up to 2 months
4operational expenses in advance. The amount of the advance
5disbursement shall be prorated over the life of the contract
6or the remaining months of the fiscal year, whichever is less,
7and the installment amount shall then be deducted from future
8bills. Advance disbursement authorizations for new initiatives
9shall not be made to any agency after that agency has operated
10during 2 consecutive fiscal years. The requirements of this
11Section concerning advance disbursements shall not apply with
12respect to the following: payments to local public agencies
13for child day care services as authorized by Section 5a of this
14Act; and youth service programs receiving grant funds under
15Section 17a-4.
16    (e) (Blank).
17    (f) (Blank).
18    (g) The Department shall establish rules and regulations
19concerning its operation of programs designed to meet the
20goals of child safety and protection, family preservation,
21family reunification, and adoption, including, but not limited
22to:
23        (1) adoption;
24        (2) foster care;
25        (3) family counseling;
26        (4) protective services;

 

 

SB2037- 138 -LRB102 17120 WGH 22551 b

1        (5) (blank);
2        (6) homemaker service;
3        (7) return of runaway children;
4        (8) (blank);
5        (9) placement under Section 5-7 of the Juvenile Court
6    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
7    Court Act of 1987 in accordance with the federal Adoption
8    Assistance and Child Welfare Act of 1980; and
9        (10) interstate services.
10    Rules and regulations established by the Department shall
11include provisions for training Department staff and the staff
12of Department grantees, through contracts with other agencies
13or resources, in screening techniques to identify substance
14use disorders, as defined in the Substance Use Disorder Act,
15approved by the Department of Human Services, as a successor
16to the Department of Alcoholism and Substance Abuse, for the
17purpose of identifying children and adults who should be
18referred for an assessment at an organization appropriately
19licensed by the Department of Human Services for substance use
20disorder treatment.
21    (h) If the Department finds that there is no appropriate
22program or facility within or available to the Department for
23a youth in care and that no licensed private facility has an
24adequate and appropriate program or none agrees to accept the
25youth in care, the Department shall create an appropriate
26individualized, program-oriented plan for such youth in care.

 

 

SB2037- 139 -LRB102 17120 WGH 22551 b

1The plan may be developed within the Department or through
2purchase of services by the Department to the extent that it is
3within its statutory authority to do.
4    (i) Service programs shall be available throughout the
5State and shall include but not be limited to the following
6services:
7        (1) case management;
8        (2) homemakers;
9        (3) counseling;
10        (4) parent education;
11        (5) day care; and
12        (6) emergency assistance and advocacy.
13    In addition, the following services may be made available
14to assess and meet the needs of children and families:
15        (1) comprehensive family-based services;
16        (2) assessments;
17        (3) respite care; and
18        (4) in-home health services.
19    The Department shall provide transportation for any of the
20services it makes available to children or families or for
21which it refers children or families.
22    (j) The Department may provide categories of financial
23assistance and education assistance grants, and shall
24establish rules and regulations concerning the assistance and
25grants, to persons who adopt children with physical or mental
26disabilities, children who are older, or other hard-to-place

 

 

SB2037- 140 -LRB102 17120 WGH 22551 b

1children who (i) immediately prior to their adoption were
2youth in care or (ii) were determined eligible for financial
3assistance with respect to a prior adoption and who become
4available for adoption because the prior adoption has been
5dissolved and the parental rights of the adoptive parents have
6been terminated or because the child's adoptive parents have
7died. The Department may continue to provide financial
8assistance and education assistance grants for a child who was
9determined eligible for financial assistance under this
10subsection (j) in the interim period beginning when the
11child's adoptive parents died and ending with the finalization
12of the new adoption of the child by another adoptive parent or
13parents. The Department may also provide categories of
14financial assistance and education assistance grants, and
15shall establish rules and regulations for the assistance and
16grants, to persons appointed guardian of the person under
17Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
184-25, or 5-740 of the Juvenile Court Act of 1987 for children
19who were youth in care for 12 months immediately prior to the
20appointment of the guardian.
21    The amount of assistance may vary, depending upon the
22needs of the child and the adoptive parents, as set forth in
23the annual assistance agreement. Special purpose grants are
24allowed where the child requires special service but such
25costs may not exceed the amounts which similar services would
26cost the Department if it were to provide or secure them as

 

 

SB2037- 141 -LRB102 17120 WGH 22551 b

1guardian of the child.
2    Any financial assistance provided under this subsection is
3inalienable by assignment, sale, execution, attachment,
4garnishment, or any other remedy for recovery or collection of
5a judgment or debt.
6    (j-5) The Department shall not deny or delay the placement
7of a child for adoption if an approved family is available
8either outside of the Department region handling the case, or
9outside of the State of Illinois.
10    (k) The Department shall accept for care and training any
11child who has been adjudicated neglected or abused, or
12dependent committed to it pursuant to the Juvenile Court Act
13or the Juvenile Court Act of 1987.
14    (l) The Department shall offer family preservation
15services, as defined in Section 8.2 of the Abused and
16Neglected Child Reporting Act, to help families, including
17adoptive and extended families. Family preservation services
18shall be offered (i) to prevent the placement of children in
19substitute care when the children can be cared for at home or
20in the custody of the person responsible for the children's
21welfare, (ii) to reunite children with their families, or
22(iii) to maintain an adoptive placement. Family preservation
23services shall only be offered when doing so will not endanger
24the children's health or safety. With respect to children who
25are in substitute care pursuant to the Juvenile Court Act of
261987, family preservation services shall not be offered if a

 

 

SB2037- 142 -LRB102 17120 WGH 22551 b

1goal other than those of subdivisions (A), (B), or (B-1) of
2subsection (2) of Section 2-28 of that Act has been set, except
3that reunification services may be offered as provided in
4paragraph (F) of subsection (2) of Section 2-28 of that Act.
5Nothing in this paragraph shall be construed to create a
6private right of action or claim on the part of any individual
7or child welfare agency, except that when a child is the
8subject of an action under Article II of the Juvenile Court Act
9of 1987 and the child's service plan calls for services to
10facilitate achievement of the permanency goal, the court
11hearing the action under Article II of the Juvenile Court Act
12of 1987 may order the Department to provide the services set
13out in the plan, if those services are not provided with
14reasonable promptness and if those services are available.
15    The Department shall notify the child and his family of
16the Department's responsibility to offer and provide family
17preservation services as identified in the service plan. The
18child and his family shall be eligible for services as soon as
19the report is determined to be "indicated". The Department may
20offer services to any child or family with respect to whom a
21report of suspected child abuse or neglect has been filed,
22prior to concluding its investigation under Section 7.12 of
23the Abused and Neglected Child Reporting Act. However, the
24child's or family's willingness to accept services shall not
25be considered in the investigation. The Department may also
26provide services to any child or family who is the subject of

 

 

SB2037- 143 -LRB102 17120 WGH 22551 b

1any report of suspected child abuse or neglect or may refer
2such child or family to services available from other agencies
3in the community, even if the report is determined to be
4unfounded, if the conditions in the child's or family's home
5are reasonably likely to subject the child or family to future
6reports of suspected child abuse or neglect. Acceptance of
7such services shall be voluntary. The Department may also
8provide services to any child or family after completion of a
9family assessment, as an alternative to an investigation, as
10provided under the "differential response program" provided
11for in subsection (a-5) of Section 7.4 of the Abused and
12Neglected Child Reporting Act.
13    The Department may, at its discretion except for those
14children also adjudicated neglected or dependent, accept for
15care and training any child who has been adjudicated addicted,
16as a truant minor in need of supervision or as a minor
17requiring authoritative intervention, under the Juvenile Court
18Act or the Juvenile Court Act of 1987, but no such child shall
19be committed to the Department by any court without the
20approval of the Department. On and after January 1, 2015 (the
21effective date of Public Act 98-803) and before January 1,
222017, a minor charged with a criminal offense under the
23Criminal Code of 1961 or the Criminal Code of 2012 or
24adjudicated delinquent shall not be placed in the custody of
25or committed to the Department by any court, except (i) a minor
26less than 16 years of age committed to the Department under

 

 

SB2037- 144 -LRB102 17120 WGH 22551 b

1Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
2for whom an independent basis of abuse, neglect, or dependency
3exists, which must be defined by departmental rule, or (iii) a
4minor for whom the court has granted a supplemental petition
5to reinstate wardship pursuant to subsection (2) of Section
62-33 of the Juvenile Court Act of 1987. On and after January 1,
72017, a minor charged with a criminal offense under the
8Criminal Code of 1961 or the Criminal Code of 2012 or
9adjudicated delinquent shall not be placed in the custody of
10or committed to the Department by any court, except (i) a minor
11less than 15 years of age committed to the Department under
12Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
13for whom an independent basis of abuse, neglect, or dependency
14exists, which must be defined by departmental rule, or (iii) a
15minor for whom the court has granted a supplemental petition
16to reinstate wardship pursuant to subsection (2) of Section
172-33 of the Juvenile Court Act of 1987. An independent basis
18exists when the allegations or adjudication of abuse, neglect,
19or dependency do not arise from the same facts, incident, or
20circumstances which give rise to a charge or adjudication of
21delinquency. The Department shall assign a caseworker to
22attend any hearing involving a youth in the care and custody of
23the Department who is placed on aftercare release, including
24hearings involving sanctions for violation of aftercare
25release conditions and aftercare release revocation hearings.
26    As soon as is possible after August 7, 2009 (the effective

 

 

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1date of Public Act 96-134), the Department shall develop and
2implement a special program of family preservation services to
3support intact, foster, and adoptive families who are
4experiencing extreme hardships due to the difficulty and
5stress of caring for a child who has been diagnosed with a
6pervasive developmental disorder if the Department determines
7that those services are necessary to ensure the health and
8safety of the child. The Department may offer services to any
9family whether or not a report has been filed under the Abused
10and Neglected Child Reporting Act. The Department may refer
11the child or family to services available from other agencies
12in the community if the conditions in the child's or family's
13home are reasonably likely to subject the child or family to
14future reports of suspected child abuse or neglect. Acceptance
15of these services shall be voluntary. The Department shall
16develop and implement a public information campaign to alert
17health and social service providers and the general public
18about these special family preservation services. The nature
19and scope of the services offered and the number of families
20served under the special program implemented under this
21paragraph shall be determined by the level of funding that the
22Department annually allocates for this purpose. The term
23"pervasive developmental disorder" under this paragraph means
24a neurological condition, including, but not limited to,
25Asperger's Syndrome and autism, as defined in the most recent
26edition of the Diagnostic and Statistical Manual of Mental

 

 

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1Disorders of the American Psychiatric Association.
2    (l-1) The legislature recognizes that the best interests
3of the child require that the child be placed in the most
4permanent living arrangement as soon as is practically
5possible. To achieve this goal, the legislature directs the
6Department of Children and Family Services to conduct
7concurrent planning so that permanency may occur at the
8earliest opportunity. Permanent living arrangements may
9include prevention of placement of a child outside the home of
10the family when the child can be cared for at home without
11endangering the child's health or safety; reunification with
12the family, when safe and appropriate, if temporary placement
13is necessary; or movement of the child toward the most
14permanent living arrangement and permanent legal status.
15    When determining reasonable efforts to be made with
16respect to a child, as described in this subsection, and in
17making such reasonable efforts, the child's health and safety
18shall be the paramount concern.
19    When a child is placed in foster care, the Department
20shall ensure and document that reasonable efforts were made to
21prevent or eliminate the need to remove the child from the
22child's home. The Department must make reasonable efforts to
23reunify the family when temporary placement of the child
24occurs unless otherwise required, pursuant to the Juvenile
25Court Act of 1987. At any time after the dispositional hearing
26where the Department believes that further reunification

 

 

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1services would be ineffective, it may request a finding from
2the court that reasonable efforts are no longer appropriate.
3The Department is not required to provide further
4reunification services after such a finding.
5    A decision to place a child in substitute care shall be
6made with considerations of the child's health, safety, and
7best interests. At the time of placement, consideration should
8also be given so that if reunification fails or is delayed, the
9placement made is the best available placement to provide
10permanency for the child.
11    The Department shall adopt rules addressing concurrent
12planning for reunification and permanency. The Department
13shall consider the following factors when determining
14appropriateness of concurrent planning:
15        (1) the likelihood of prompt reunification;
16        (2) the past history of the family;
17        (3) the barriers to reunification being addressed by
18    the family;
19        (4) the level of cooperation of the family;
20        (5) the foster parents' willingness to work with the
21    family to reunite;
22        (6) the willingness and ability of the foster family
23    to provide an adoptive home or long-term placement;
24        (7) the age of the child;
25        (8) placement of siblings.
26    (m) The Department may assume temporary custody of any

 

 

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1child if:
2        (1) it has received a written consent to such
3    temporary custody signed by the parents of the child or by
4    the parent having custody of the child if the parents are
5    not living together or by the guardian or custodian of the
6    child if the child is not in the custody of either parent,
7    or
8        (2) the child is found in the State and neither a
9    parent, guardian nor custodian of the child can be
10    located.
11If the child is found in his or her residence without a parent,
12guardian, custodian, or responsible caretaker, the Department
13may, instead of removing the child and assuming temporary
14custody, place an authorized representative of the Department
15in that residence until such time as a parent, guardian, or
16custodian enters the home and expresses a willingness and
17apparent ability to ensure the child's health and safety and
18resume permanent charge of the child, or until a relative
19enters the home and is willing and able to ensure the child's
20health and safety and assume charge of the child until a
21parent, guardian, or custodian enters the home and expresses
22such willingness and ability to ensure the child's safety and
23resume permanent charge. After a caretaker has remained in the
24home for a period not to exceed 12 hours, the Department must
25follow those procedures outlined in Section 2-9, 3-11, 4-8, or
265-415 of the Juvenile Court Act of 1987.

 

 

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1    The Department shall have the authority, responsibilities
2and duties that a legal custodian of the child would have
3pursuant to subsection (9) of Section 1-3 of the Juvenile
4Court Act of 1987. Whenever a child is taken into temporary
5custody pursuant to an investigation under the Abused and
6Neglected Child Reporting Act, or pursuant to a referral and
7acceptance under the Juvenile Court Act of 1987 of a minor in
8limited custody, the Department, during the period of
9temporary custody and before the child is brought before a
10judicial officer as required by Section 2-9, 3-11, 4-8, or
115-415 of the Juvenile Court Act of 1987, shall have the
12authority, responsibilities and duties that a legal custodian
13of the child would have under subsection (9) of Section 1-3 of
14the Juvenile Court Act of 1987.
15    The Department shall ensure that any child taken into
16custody is scheduled for an appointment for a medical
17examination.
18    A parent, guardian, or custodian of a child in the
19temporary custody of the Department who would have custody of
20the child if he were not in the temporary custody of the
21Department may deliver to the Department a signed request that
22the Department surrender the temporary custody of the child.
23The Department may retain temporary custody of the child for
2410 days after the receipt of the request, during which period
25the Department may cause to be filed a petition pursuant to the
26Juvenile Court Act of 1987. If a petition is so filed, the

 

 

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1Department shall retain temporary custody of the child until
2the court orders otherwise. If a petition is not filed within
3the 10-day period, the child shall be surrendered to the
4custody of the requesting parent, guardian, or custodian not
5later than the expiration of the 10-day period, at which time
6the authority and duties of the Department with respect to the
7temporary custody of the child shall terminate.
8    (m-1) The Department may place children under 18 years of
9age in a secure child care facility licensed by the Department
10that cares for children who are in need of secure living
11arrangements for their health, safety, and well-being after a
12determination is made by the facility director and the
13Director or the Director's designate prior to admission to the
14facility subject to Section 2-27.1 of the Juvenile Court Act
15of 1987. This subsection (m-1) does not apply to a child who is
16subject to placement in a correctional facility operated
17pursuant to Section 3-15-2 of the Unified Code of Corrections,
18unless the child is a youth in care who was placed in the care
19of the Department before being subject to placement in a
20correctional facility and a court of competent jurisdiction
21has ordered placement of the child in a secure care facility.
22    (n) The Department may place children under 18 years of
23age in licensed child care facilities when in the opinion of
24the Department, appropriate services aimed at family
25preservation have been unsuccessful and cannot ensure the
26child's health and safety or are unavailable and such

 

 

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1placement would be for their best interest. Payment for board,
2clothing, care, training and supervision of any child placed
3in a licensed child care facility may be made by the
4Department, by the parents or guardians of the estates of
5those children, or by both the Department and the parents or
6guardians, except that no payments shall be made by the
7Department for any child placed in a licensed child care
8facility for board, clothing, care, training and supervision
9of such a child that exceed the average per capita cost of
10maintaining and of caring for a child in institutions for
11dependent or neglected children operated by the Department.
12However, such restriction on payments does not apply in cases
13where children require specialized care and treatment for
14problems of severe emotional disturbance, physical disability,
15social adjustment, or any combination thereof and suitable
16facilities for the placement of such children are not
17available at payment rates within the limitations set forth in
18this Section. All reimbursements for services delivered shall
19be absolutely inalienable by assignment, sale, attachment, or
20garnishment or otherwise.
21    (n-1) The Department shall provide or authorize child
22welfare services, aimed at assisting minors to achieve
23sustainable self-sufficiency as independent adults, for any
24minor eligible for the reinstatement of wardship pursuant to
25subsection (2) of Section 2-33 of the Juvenile Court Act of
261987, whether or not such reinstatement is sought or allowed,

 

 

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1provided that the minor consents to such services and has not
2yet attained the age of 21. The Department shall have
3responsibility for the development and delivery of services
4under this Section. An eligible youth may access services
5under this Section through the Department of Children and
6Family Services or by referral from the Department of Human
7Services. Youth participating in services under this Section
8shall cooperate with the assigned case manager in developing
9an agreement identifying the services to be provided and how
10the youth will increase skills to achieve self-sufficiency. A
11homeless shelter is not considered appropriate housing for any
12youth receiving child welfare services under this Section. The
13Department shall continue child welfare services under this
14Section to any eligible minor until the minor becomes 21 years
15of age, no longer consents to participate, or achieves
16self-sufficiency as identified in the minor's service plan.
17The Department of Children and Family Services shall create
18clear, readable notice of the rights of former foster youth to
19child welfare services under this Section and how such
20services may be obtained. The Department of Children and
21Family Services and the Department of Human Services shall
22disseminate this information statewide. The Department shall
23adopt regulations describing services intended to assist
24minors in achieving sustainable self-sufficiency as
25independent adults.
26    (o) The Department shall establish an administrative

 

 

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1review and appeal process for children and families who
2request or receive child welfare services from the Department.
3Youth in care who are placed by private child welfare
4agencies, and foster families with whom those youth are
5placed, shall be afforded the same procedural and appeal
6rights as children and families in the case of placement by the
7Department, including the right to an initial review of a
8private agency decision by that agency. The Department shall
9ensure that any private child welfare agency, which accepts
10youth in care for placement, affords those rights to children
11and foster families. The Department shall accept for
12administrative review and an appeal hearing a complaint made
13by (i) a child or foster family concerning a decision
14following an initial review by a private child welfare agency
15or (ii) a prospective adoptive parent who alleges a violation
16of subsection (j-5) of this Section. An appeal of a decision
17concerning a change in the placement of a child shall be
18conducted in an expedited manner. A court determination that a
19current foster home placement is necessary and appropriate
20under Section 2-28 of the Juvenile Court Act of 1987 does not
21constitute a judicial determination on the merits of an
22administrative appeal, filed by a former foster parent,
23involving a change of placement decision.
24    (p) (Blank).
25    (q) The Department may receive and use, in their entirety,
26for the benefit of children any gift, donation, or bequest of

 

 

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1money or other property which is received on behalf of such
2children, or any financial benefits to which such children are
3or may become entitled while under the jurisdiction or care of
4the Department.
5    The Department shall set up and administer no-cost,
6interest-bearing accounts in appropriate financial
7institutions for children for whom the Department is legally
8responsible and who have been determined eligible for
9Veterans' Benefits, Social Security benefits, assistance
10allotments from the armed forces, court ordered payments,
11parental voluntary payments, Supplemental Security Income,
12Railroad Retirement payments, Black Lung benefits, or other
13miscellaneous payments. Interest earned by each account shall
14be credited to the account, unless disbursed in accordance
15with this subsection.
16    In disbursing funds from children's accounts, the
17Department shall:
18        (1) Establish standards in accordance with State and
19    federal laws for disbursing money from children's
20    accounts. In all circumstances, the Department's
21    "Guardianship Administrator" or his or her designee must
22    approve disbursements from children's accounts. The
23    Department shall be responsible for keeping complete
24    records of all disbursements for each account for any
25    purpose.
26        (2) Calculate on a monthly basis the amounts paid from

 

 

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1    State funds for the child's board and care, medical care
2    not covered under Medicaid, and social services; and
3    utilize funds from the child's account, as covered by
4    regulation, to reimburse those costs. Monthly,
5    disbursements from all children's accounts, up to 1/12 of
6    $13,000,000, shall be deposited by the Department into the
7    General Revenue Fund and the balance over 1/12 of
8    $13,000,000 into the DCFS Children's Services Fund.
9        (3) Maintain any balance remaining after reimbursing
10    for the child's costs of care, as specified in item (2).
11    The balance shall accumulate in accordance with relevant
12    State and federal laws and shall be disbursed to the child
13    or his or her guardian, or to the issuing agency.
14    (r) The Department shall promulgate regulations
15encouraging all adoption agencies to voluntarily forward to
16the Department or its agent names and addresses of all persons
17who have applied for and have been approved for adoption of a
18hard-to-place child or child with a disability and the names
19of such children who have not been placed for adoption. A list
20of such names and addresses shall be maintained by the
21Department or its agent, and coded lists which maintain the
22confidentiality of the person seeking to adopt the child and
23of the child shall be made available, without charge, to every
24adoption agency in the State to assist the agencies in placing
25such children for adoption. The Department may delegate to an
26agent its duty to maintain and make available such lists. The

 

 

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1Department shall ensure that such agent maintains the
2confidentiality of the person seeking to adopt the child and
3of the child.
4    (s) The Department of Children and Family Services may
5establish and implement a program to reimburse Department and
6private child welfare agency foster parents licensed by the
7Department of Children and Family Services for damages
8sustained by the foster parents as a result of the malicious or
9negligent acts of foster children, as well as providing third
10party coverage for such foster parents with regard to actions
11of foster children to other individuals. Such coverage will be
12secondary to the foster parent liability insurance policy, if
13applicable. The program shall be funded through appropriations
14from the General Revenue Fund, specifically designated for
15such purposes.
16    (t) The Department shall perform home studies and
17investigations and shall exercise supervision over visitation
18as ordered by a court pursuant to the Illinois Marriage and
19Dissolution of Marriage Act or the Adoption Act only if:
20        (1) an order entered by an Illinois court specifically
21    directs the Department to perform such services; and
22        (2) the court has ordered one or both of the parties to
23    the proceeding to reimburse the Department for its
24    reasonable costs for providing such services in accordance
25    with Department rules, or has determined that neither
26    party is financially able to pay.

 

 

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1    The Department shall provide written notification to the
2court of the specific arrangements for supervised visitation
3and projected monthly costs within 60 days of the court order.
4The Department shall send to the court information related to
5the costs incurred except in cases where the court has
6determined the parties are financially unable to pay. The
7court may order additional periodic reports as appropriate.
8    (u) In addition to other information that must be
9provided, whenever the Department places a child with a
10prospective adoptive parent or parents, or in a licensed
11foster home, group home, or child care institution, or in a
12relative home, the Department shall provide to the prospective
13adoptive parent or parents or other caretaker:
14        (1) available detailed information concerning the
15    child's educational and health history, copies of
16    immunization records (including insurance and medical card
17    information), a history of the child's previous
18    placements, if any, and reasons for placement changes
19    excluding any information that identifies or reveals the
20    location of any previous caretaker;
21        (2) a copy of the child's portion of the client
22    service plan, including any visitation arrangement, and
23    all amendments or revisions to it as related to the child;
24    and
25        (3) information containing details of the child's
26    individualized educational plan when the child is

 

 

SB2037- 158 -LRB102 17120 WGH 22551 b

1    receiving special education services.
2    The caretaker shall be informed of any known social or
3behavioral information (including, but not limited to,
4criminal background, fire setting, perpetuation of sexual
5abuse, destructive behavior, and substance abuse) necessary to
6care for and safeguard the children to be placed or currently
7in the home. The Department may prepare a written summary of
8the information required by this paragraph, which may be
9provided to the foster or prospective adoptive parent in
10advance of a placement. The foster or prospective adoptive
11parent may review the supporting documents in the child's file
12in the presence of casework staff. In the case of an emergency
13placement, casework staff shall at least provide known
14information verbally, if necessary, and must subsequently
15provide the information in writing as required by this
16subsection.
17    The information described in this subsection shall be
18provided in writing. In the case of emergency placements when
19time does not allow prior review, preparation, and collection
20of written information, the Department shall provide such
21information as it becomes available. Within 10 business days
22after placement, the Department shall obtain from the
23prospective adoptive parent or parents or other caretaker a
24signed verification of receipt of the information provided.
25Within 10 business days after placement, the Department shall
26provide to the child's guardian ad litem a copy of the

 

 

SB2037- 159 -LRB102 17120 WGH 22551 b

1information provided to the prospective adoptive parent or
2parents or other caretaker. The information provided to the
3prospective adoptive parent or parents or other caretaker
4shall be reviewed and approved regarding accuracy at the
5supervisory level.
6    (u-5) Effective July 1, 1995, only foster care placements
7licensed as foster family homes pursuant to the Child Care Act
8of 1969 shall be eligible to receive foster care payments from
9the Department. Relative caregivers who, as of July 1, 1995,
10were approved pursuant to approved relative placement rules
11previously promulgated by the Department at 89 Ill. Adm. Code
12335 and had submitted an application for licensure as a foster
13family home may continue to receive foster care payments only
14until the Department determines that they may be licensed as a
15foster family home or that their application for licensure is
16denied or until September 30, 1995, whichever occurs first.
17    (v) The Department shall access criminal history record
18information as defined in the Illinois Uniform Conviction
19Information Act and information maintained in the adjudicatory
20and dispositional record system as defined in Section 2605-355
21of the Illinois Department of State Police Law (20 ILCS
222605/2605-355) if the Department determines the information is
23necessary to perform its duties under the Abused and Neglected
24Child Reporting Act, the Child Care Act of 1969, and the
25Children and Family Services Act. The Department shall provide
26for interactive computerized communication and processing

 

 

SB2037- 160 -LRB102 17120 WGH 22551 b

1equipment that permits direct on-line communication with the
2Illinois Department of State Police's central criminal history
3data repository. The Department shall comply with all
4certification requirements and provide certified operators who
5have been trained by personnel from the Illinois Department of
6State Police. In addition, one Office of the Inspector General
7investigator shall have training in the use of the criminal
8history information access system and have access to the
9terminal. The Department of Children and Family Services and
10its employees shall abide by rules and regulations established
11by the Illinois Department of State Police relating to the
12access and dissemination of this information.
13    (v-1) Prior to final approval for placement of a child,
14the Department shall conduct a criminal records background
15check of the prospective foster or adoptive parent, including
16fingerprint-based checks of national crime information
17databases. Final approval for placement shall not be granted
18if the record check reveals a felony conviction for child
19abuse or neglect, for spousal abuse, for a crime against
20children, or for a crime involving violence, including rape,
21sexual assault, or homicide, but not including other physical
22assault or battery, or if there is a felony conviction for
23physical assault, battery, or a drug-related offense committed
24within the past 5 years.
25    (v-2) Prior to final approval for placement of a child,
26the Department shall check its child abuse and neglect

 

 

SB2037- 161 -LRB102 17120 WGH 22551 b

1registry for information concerning prospective foster and
2adoptive parents, and any adult living in the home. If any
3prospective foster or adoptive parent or other adult living in
4the home has resided in another state in the preceding 5 years,
5the Department shall request a check of that other state's
6child abuse and neglect registry.
7    (w) Within 120 days of August 20, 1995 (the effective date
8of Public Act 89-392), the Department shall prepare and submit
9to the Governor and the General Assembly, a written plan for
10the development of in-state licensed secure child care
11facilities that care for children who are in need of secure
12living arrangements for their health, safety, and well-being.
13For purposes of this subsection, secure care facility shall
14mean a facility that is designed and operated to ensure that
15all entrances and exits from the facility, a building or a
16distinct part of the building, are under the exclusive control
17of the staff of the facility, whether or not the child has the
18freedom of movement within the perimeter of the facility,
19building, or distinct part of the building. The plan shall
20include descriptions of the types of facilities that are
21needed in Illinois; the cost of developing these secure care
22facilities; the estimated number of placements; the potential
23cost savings resulting from the movement of children currently
24out-of-state who are projected to be returned to Illinois; the
25necessary geographic distribution of these facilities in
26Illinois; and a proposed timetable for development of such

 

 

SB2037- 162 -LRB102 17120 WGH 22551 b

1facilities.
2    (x) The Department shall conduct annual credit history
3checks to determine the financial history of children placed
4under its guardianship pursuant to the Juvenile Court Act of
51987. The Department shall conduct such credit checks starting
6when a youth in care turns 12 years old and each year
7thereafter for the duration of the guardianship as terminated
8pursuant to the Juvenile Court Act of 1987. The Department
9shall determine if financial exploitation of the child's
10personal information has occurred. If financial exploitation
11appears to have taken place or is presently ongoing, the
12Department shall notify the proper law enforcement agency, the
13proper State's Attorney, or the Attorney General.
14    (y) Beginning on July 22, 2010 (the effective date of
15Public Act 96-1189), a child with a disability who receives
16residential and educational services from the Department shall
17be eligible to receive transition services in accordance with
18Article 14 of the School Code from the age of 14.5 through age
1921, inclusive, notwithstanding the child's residential
20services arrangement. For purposes of this subsection, "child
21with a disability" means a child with a disability as defined
22by the federal Individuals with Disabilities Education
23Improvement Act of 2004.
24    (z) The Department shall access criminal history record
25information as defined as "background information" in this
26subsection and criminal history record information as defined

 

 

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1in the Illinois Uniform Conviction Information Act for each
2Department employee or Department applicant. Each Department
3employee or Department applicant shall submit his or her
4fingerprints to the Illinois Department of State Police in the
5form and manner prescribed by the Illinois Department of State
6Police. These fingerprints shall be checked against the
7fingerprint records now and hereafter filed in the Illinois
8Department of State Police and the Federal Bureau of
9Investigation criminal history records databases. The Illinois
10Department of State Police shall charge a fee for conducting
11the criminal history record check, which shall be deposited
12into the State Police Services Fund and shall not exceed the
13actual cost of the record check. The Illinois Department of
14State Police shall furnish, pursuant to positive
15identification, all Illinois conviction information to the
16Department of Children and Family Services.
17    For purposes of this subsection:
18    "Background information" means all of the following:
19        (i) Upon the request of the Department of Children and
20    Family Services, conviction information obtained from the
21    Illinois Department of State Police as a result of a
22    fingerprint-based criminal history records check of the
23    Illinois criminal history records database and the Federal
24    Bureau of Investigation criminal history records database
25    concerning a Department employee or Department applicant.
26        (ii) Information obtained by the Department of

 

 

SB2037- 164 -LRB102 17120 WGH 22551 b

1    Children and Family Services after performing a check of
2    the Illinois Department of State Police's Sex Offender
3    Database, as authorized by Section 120 of the Sex Offender
4    Community Notification Law, concerning a Department
5    employee or Department applicant.
6        (iii) Information obtained by the Department of
7    Children and Family Services after performing a check of
8    the Child Abuse and Neglect Tracking System (CANTS)
9    operated and maintained by the Department.
10    "Department employee" means a full-time or temporary
11employee coded or certified within the State of Illinois
12Personnel System.
13    "Department applicant" means an individual who has
14conditional Department full-time or part-time work, a
15contractor, an individual used to replace or supplement staff,
16an academic intern, a volunteer in Department offices or on
17Department contracts, a work-study student, an individual or
18entity licensed by the Department, or an unlicensed service
19provider who works as a condition of a contract or an agreement
20and whose work may bring the unlicensed service provider into
21contact with Department clients or client records.
22(Source: P.A. 100-159, eff. 8-18-17; 100-522, eff. 9-22-17;
23100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-978, eff.
248-19-18; 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; 101-81,
25eff. 7-12-19; revised 8-1-19.)
 

 

 

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1    (20 ILCS 505/35.5)
2    Sec. 35.5. Inspector General.
3    (a) The Governor shall appoint, and the Senate shall
4confirm, an Inspector General who shall have the authority to
5conduct investigations into allegations of or incidents of
6possible misconduct, misfeasance, malfeasance, or violations
7of rules, procedures, or laws by any employee, foster parent,
8service provider, or contractor of the Department of Children
9and Family Services, except for allegations of violations of
10the State Officials and Employees Ethics Act which shall be
11referred to the Office of the Governor's Executive Inspector
12General for investigation. The Inspector General shall make
13recommendations to the Director of Children and Family
14Services concerning sanctions or disciplinary actions against
15Department employees or providers of service under contract to
16the Department. The Director of Children and Family Services
17shall provide the Inspector General with an implementation
18report on the status of any corrective actions taken on
19recommendations under review and shall continue sending
20updated reports until the corrective action is completed. The
21Director shall provide a written response to the Inspector
22General indicating the status of any sanctions or disciplinary
23actions against employees or providers of service involving
24any investigation subject to review. In any case, information
25included in the reports to the Inspector General and
26Department responses shall be subject to the public disclosure

 

 

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1requirements of the Abused and Neglected Child Reporting Act.
2Any investigation conducted by the Inspector General shall be
3independent and separate from the investigation mandated by
4the Abused and Neglected Child Reporting Act. The Inspector
5General shall be appointed for a term of 4 years. The Inspector
6General shall function independently within the Department of
7Children and Family Services with respect to the operations of
8the Office of Inspector General, including the performance of
9investigations and issuance of findings and recommendations,
10and shall report to the Director of Children and Family
11Services and the Governor and perform other duties the
12Director may designate. The Inspector General shall adopt
13rules as necessary to carry out the functions, purposes, and
14duties of the office of Inspector General in the Department of
15Children and Family Services, in accordance with the Illinois
16Administrative Procedure Act and any other applicable law.
17    (b) The Inspector General shall have access to all
18information and personnel necessary to perform the duties of
19the office. To minimize duplication of efforts, and to assure
20consistency and conformance with the requirements and
21procedures established in the B.H. v. Suter consent decree and
22to share resources when appropriate, the Inspector General
23shall coordinate his or her activities with the Bureau of
24Quality Assurance within the Department.
25    (c) The Inspector General shall be the primary liaison
26between the Department and the Illinois Department of State

 

 

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1Police with regard to investigations conducted under the
2Inspector General's auspices. If the Inspector General
3determines that a possible criminal act has been committed, or
4that special expertise is required in the investigation, he or
5she shall immediately notify the Illinois Department of State
6Police. All investigations conducted by the Inspector General
7shall be conducted in a manner designed to ensure the
8preservation of evidence for possible use in a criminal
9prosecution.
10    (d) The Inspector General may recommend to the Department
11of Children and Family Services, the Department of Public
12Health, or any other appropriate agency, sanctions to be
13imposed against service providers under the jurisdiction of or
14under contract with the Department for the protection of
15children in the custody or under the guardianship of the
16Department who received services from those providers. The
17Inspector General may seek the assistance of the Attorney
18General or any of the several State's Attorneys in imposing
19sanctions.
20    (e) The Inspector General shall at all times be granted
21access to any foster home, facility, or program operated for
22or licensed or funded by the Department.
23    (f) Nothing in this Section shall limit investigations by
24the Department of Children and Family Services that may
25otherwise be required by law or that may be necessary in that
26Department's capacity as the central administrative authority

 

 

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1for child welfare.
2    (g) The Inspector General shall have the power to subpoena
3witnesses and compel the production of books and papers
4pertinent to an investigation authorized by this Act. The
5power to subpoena or to compel the production of books and
6papers, however, shall not extend to the person or documents
7of a labor organization or its representatives insofar as the
8person or documents of a labor organization relate to the
9function of representing an employee subject to investigation
10under this Act. Any person who fails to appear in response to a
11subpoena or to answer any question or produce any books or
12papers pertinent to an investigation under this Act, except as
13otherwise provided in this Section, or who knowingly gives
14false testimony in relation to an investigation under this Act
15is guilty of a Class A misdemeanor.
16    (h) The Inspector General shall provide to the General
17Assembly and the Governor, no later than January 1 of each
18year, a summary of reports and investigations made under this
19Section for the prior fiscal year. The summaries shall detail
20the imposition of sanctions and the final disposition of those
21recommendations. The summaries shall not contain any
22confidential or identifying information concerning the
23subjects of the reports and investigations. The summaries also
24shall include detailed recommended administrative actions and
25matters for consideration by the General Assembly.
26(Source: P.A. 95-527, eff. 6-1-08; 96-555, eff. 8-18-09.)
 

 

 

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1    (20 ILCS 505/35.6)
2    Sec. 35.6. State-wide toll-free telephone number.
3    (a) There shall be a State-wide, toll-free telephone
4number for any person, whether or not mandated by law, to
5report to the Inspector General of the Department, suspected
6misconduct, malfeasance, misfeasance, or violations of rules,
7procedures, or laws by Department employees, service
8providers, or contractors that is detrimental to the best
9interest of children receiving care, services, or training
10from or who were committed to the Department as allowed under
11Section 5 of this Act. Immediately upon receipt of a telephone
12call regarding suspected abuse or neglect of children, the
13Inspector General shall refer the call to the Child Abuse and
14Neglect Hotline or to the Illinois State Police as mandated by
15the Abused and Neglected Child Reporting Act and Section 35.5
16of this Act. A mandated reporter shall not be relieved of his
17or her duty to report incidents to the Child Abuse and Neglect
18Hotline referred to in this subsection. The Inspector General
19shall also establish rules and procedures for evaluating
20reports of suspected misconduct and violation of rules and for
21conducting an investigation of such reports.
22    (b) The Inspector General shall prepare and maintain
23written records from the reporting source that shall contain
24the following information to the extent known at the time the
25report is made: (1) the names and addresses of the child and

 

 

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1the person responsible for the child's welfare; (2) the nature
2of the misconduct and the detriment cause to the child's best
3interest; (3) the names of the persons or agencies responsible
4for the alleged misconduct. Any investigation conducted by the
5Inspector General pursuant to such information shall not
6duplicate and shall be separate from the investigation
7mandated by the Abused and Neglected Child Reporting Act.
8However, the Inspector General may include the results of such
9investigation in reports compiled under this Section. At the
10request of the reporting agent, the Inspector General shall
11keep the identity of the reporting agent strictly confidential
12from the operation of the Department, until the Inspector
13General shall determine what recommendations shall be made
14with regard to discipline or sanction of the Department
15employee, service provider, or contractor, with the exception
16of suspected child abuse or neglect which shall be handled
17consistent with the Abused and Neglected Child Reporting Act
18and Section 35.5 of this Act. The Department shall take
19whatever steps are necessary to assure that a person making a
20report in good faith under this Section is not adversely
21affected solely on the basis of having made such report.
22(Source: P.A. 92-334, eff. 8-10-01.)
 
23    Section 130. The Department of Children and Family
24Services Powers Law of the Civil Administrative Code of
25Illinois is amended by changing Section 510-100 as follows:
 

 

 

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1    (20 ILCS 510/510-100)  (was 20 ILCS 510/65.8)
2    Sec. 510-100. Criminal history record information.
3Whenever the Department is authorized or required by law to
4consider some aspect of criminal history record information
5for the purpose of carrying out its statutory powers and
6responsibilities, then, upon request and payment of fees in
7conformance with the requirements of Section 2605-400 of the
8Illinois Department of State Police Law (20 ILCS
92605/2605-400), the Illinois Department of State Police is
10authorized to furnish, pursuant to positive identification,
11the information contained in State files that is necessary to
12fulfill the request.
13(Source: P.A. 91-239, eff. 1-1-00.)
 
14    Section 135. The Child Death Review Team Act is amended by
15changing Section 15 as follows:
 
16    (20 ILCS 515/15)
17    Sec. 15. Child death review teams; establishment.
18    (a) The Inspector General of the Department, in
19consultation and cooperation with the Executive Council, law
20enforcement, and other professionals who work in the field of
21investigating, treating, or preventing child abuse or neglect
22in that subregion, shall appoint members to a child death
23review team in each of the Department's administrative

 

 

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1subregions of the State outside Cook County and at least one
2child death review team in Cook County. The members of a team
3shall be appointed for 2-year terms and shall be eligible for
4reappointment upon the expiration of the terms. The Inspector
5General of the Department must fill any vacancy in a team
6within 60 days after that vacancy occurs.
7    (b) Each child death review team shall consist of at least
8one member from each of the following categories:
9        (1) Pediatrician or other physician knowledgeable
10    about child abuse and neglect.
11        (2) Representative of the Department.
12        (3) State's attorney or State's attorney's
13    representative.
14        (4) Representative of a local law enforcement agency.
15        (5) Psychologist or psychiatrist.
16        (6) Representative of a local health department.
17        (7) Representative of a school district or other
18    education or child care interests.
19        (8) Coroner or forensic pathologist.
20        (9) Representative of a child welfare agency or child
21    advocacy organization.
22        (10) Representative of a local hospital, trauma
23    center, or provider of emergency medical services.
24        (11) Representative of the Illinois Department of
25    State Police.
26        (12) Representative of the Department of Public

 

 

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1    Health.
2    Each child death review team may make recommendations to
3the Inspector General of the Department concerning additional
4appointments. In the event of a disagreement, the Executive
5Council's decision shall control.
6    Each child death review team member must have demonstrated
7experience and an interest in investigating, treating, or
8preventing child abuse or neglect.
9    (c) Each child death review team shall select a
10chairperson and vice-chairperson from among its members. The
11chairperson shall also serve on the Illinois Child Death
12Review Teams Executive Council. The vice-chairperson may also
13serve on the Illinois Child Death Review Teams Executive
14Council, but shall not have a vote on child death review team
15business unless the chairperson is unable to attend a meeting.
16    (d) The child death review teams shall be funded under a
17separate line item in the Department's annual budget.
18    (e) The Department shall provide at least one full-time
19Statewide Department of Children and Family Services Liaison
20who shall attend all child death review team meetings, all
21Executive meetings, all Executive Council meetings, and
22meetings between the Director and the Executive Council.
23(Source: P.A. 100-397, eff. 1-1-18; 100-1122, eff. 11-27-18.)
 
24    Section 140. The Financial Institutions Code is amended by
25changing Section 6 as follows:
 

 

 

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1    (20 ILCS 1205/6)  (from Ch. 17, par. 106)
2    Sec. 6. In addition to the duties imposed elsewhere in
3this Act, the Department has the following powers:
4    (1) To exercise the rights, powers and duties vested by
5law in the Auditor of Public Accounts under "An Act to provide
6for the incorporation, management and regulation of pawners'
7societies and limiting the rate of compensation to be paid for
8advances, storage and insurance on pawns and pledges and to
9allow the loaning of money upon personal property", approved
10March 29, 1899, as amended.
11    (2) To exercise the rights, powers and duties vested by
12law in the Auditor of Public Accounts under "An Act in relation
13to the definition, licensing and regulation of community
14currency exchanges and ambulatory currency exchanges, and the
15operators and employees thereof, and to make an appropriation
16therefor, and to provide penalties and remedies for the
17violation thereof", approved June 30, 1943, as amended.
18    (3) To exercise the rights, powers, and duties vested by
19law in the Auditor of Public Accounts under "An Act in relation
20to the buying and selling of foreign exchange and the
21transmission or transfer of money to foreign countries",
22approved June 28, 1923, as amended.
23    (4) To exercise the rights, powers, and duties vested by
24law in the Auditor of Public Accounts under "An Act to provide
25for and regulate the business of guaranteeing titles to real

 

 

SB2037- 175 -LRB102 17120 WGH 22551 b

1estate by corporations", approved May 13, 1901, as amended.
2    (5) To exercise the rights, powers and duties vested by
3law in the Department of Insurance under "An Act to define,
4license, and regulate the business of making loans of eight
5hundred dollars or less, permitting an interest charge thereon
6greater than otherwise allowed by law, authorizing and
7regulating the assignment of wages or salary when taken as
8security for any such loan or as consideration for a payment of
9eight hundred dollars or less, providing penalties, and to
10repeal Acts therein named", approved July 11, 1935, as
11amended.
12    (6) To administer and enforce "An Act to license and
13regulate the keeping and letting of safety deposit boxes,
14safes, and vaults, and the opening thereof, and to repeal a
15certain Act therein named", approved June 13, 1945, as
16amended.
17    (7) Whenever the Department is authorized or required by
18law to consider some aspect of criminal history record
19information for the purpose of carrying out its statutory
20powers and responsibilities, then, upon request and payment of
21fees in conformance with the requirements of Section 2605-400
22of the Illinois Department of State Police Law (20 ILCS
232605/2605-400), the Illinois Department of State Police is
24authorized to furnish, pursuant to positive identification,
25such information contained in State files as is necessary to
26fulfill the request.

 

 

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1    (8) To administer the Payday Loan Reform Act.
2(Source: P.A. 94-13, eff. 12-6-05.)
 
3    Section 145. The Department of Human Services Act is
4amended by changing Section 1-17 as follows:
 
5    (20 ILCS 1305/1-17)
6    Sec. 1-17. Inspector General.
7    (a) Nature and purpose. It is the express intent of the
8General Assembly to ensure the health, safety, and financial
9condition of individuals receiving services in this State due
10to mental illness, developmental disability, or both by
11protecting those persons from acts of abuse, neglect, or both
12by service providers. To that end, the Office of the Inspector
13General for the Department of Human Services is created to
14investigate and report upon allegations of the abuse, neglect,
15or financial exploitation of individuals receiving services
16within mental health facilities, developmental disabilities
17facilities, and community agencies operated, licensed, funded,
18or certified by the Department of Human Services, but not
19licensed or certified by any other State agency.
20    (b) Definitions. The following definitions apply to this
21Section:
22    "Adult student with a disability" means an adult student,
23age 18 through 21, inclusive, with an Individual Education
24Program, other than a resident of a facility licensed by the

 

 

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1Department of Children and Family Services in accordance with
2the Child Care Act of 1969. For purposes of this definition,
3"through age 21, inclusive", means through the day before the
4student's 22nd birthday.
5    "Agency" or "community agency" means (i) a community
6agency licensed, funded, or certified by the Department, but
7not licensed or certified by any other human services agency
8of the State, to provide mental health service or
9developmental disabilities service, or (ii) a program
10licensed, funded, or certified by the Department, but not
11licensed or certified by any other human services agency of
12the State, to provide mental health service or developmental
13disabilities service.
14    "Aggravating circumstance" means a factor that is
15attendant to a finding and that tends to compound or increase
16the culpability of the accused.
17    "Allegation" means an assertion, complaint, suspicion, or
18incident involving any of the following conduct by an
19employee, facility, or agency against an individual or
20individuals: mental abuse, physical abuse, sexual abuse,
21neglect, or financial exploitation.
22    "Day" means working day, unless otherwise specified.
23    "Deflection" means a situation in which an individual is
24presented for admission to a facility or agency, and the
25facility staff or agency staff do not admit the individual.
26"Deflection" includes triage, redirection, and denial of

 

 

SB2037- 178 -LRB102 17120 WGH 22551 b

1admission.
2    "Department" means the Department of Human Services.
3    "Developmental disability" means "developmental
4disability" as defined in the Mental Health and Developmental
5Disabilities Code.
6    "Egregious neglect" means a finding of neglect as
7determined by the Inspector General that (i) represents a
8gross failure to adequately provide for, or a callused
9indifference to, the health, safety, or medical needs of an
10individual and (ii) results in an individual's death or other
11serious deterioration of an individual's physical condition or
12mental condition.
13    "Employee" means any person who provides services at the
14facility or agency on-site or off-site. The service
15relationship can be with the individual or with the facility
16or agency. Also, "employee" includes any employee or
17contractual agent of the Department of Human Services or the
18community agency involved in providing or monitoring or
19administering mental health or developmental disability
20services. This includes but is not limited to: owners,
21operators, payroll personnel, contractors, subcontractors, and
22volunteers.
23    "Facility" or "State-operated facility" means a mental
24health facility or developmental disabilities facility
25operated by the Department.
26    "Financial exploitation" means taking unjust advantage of

 

 

SB2037- 179 -LRB102 17120 WGH 22551 b

1an individual's assets, property, or financial resources
2through deception, intimidation, or conversion for the
3employee's, facility's, or agency's own advantage or benefit.
4    "Finding" means the Office of Inspector General's
5determination regarding whether an allegation is
6substantiated, unsubstantiated, or unfounded.
7    "Health Care Worker Registry" or "Registry" means the
8Health Care Worker Registry under the Health Care Worker
9Background Check Act.
10    "Individual" means any person receiving mental health
11service, developmental disabilities service, or both from a
12facility or agency, while either on-site or off-site.
13    "Mental abuse" means the use of demeaning, intimidating,
14or threatening words, signs, gestures, or other actions by an
15employee about an individual and in the presence of an
16individual or individuals that results in emotional distress
17or maladaptive behavior, or could have resulted in emotional
18distress or maladaptive behavior, for any individual present.
19    "Mental illness" means "mental illness" as defined in the
20Mental Health and Developmental Disabilities Code.
21    "Mentally ill" means having a mental illness.
22    "Mitigating circumstance" means a condition that (i) is
23attendant to a finding, (ii) does not excuse or justify the
24conduct in question, but (iii) may be considered in evaluating
25the severity of the conduct, the culpability of the accused,
26or both the severity of the conduct and the culpability of the

 

 

SB2037- 180 -LRB102 17120 WGH 22551 b

1accused.
2    "Neglect" means an employee's, agency's, or facility's
3failure to provide adequate medical care, personal care, or
4maintenance and that, as a consequence, (i) causes an
5individual pain, injury, or emotional distress, (ii) results
6in either an individual's maladaptive behavior or the
7deterioration of an individual's physical condition or mental
8condition, or (iii) places the individual's health or safety
9at substantial risk.
10    "Person with a developmental disability" means a person
11having a developmental disability.
12    "Physical abuse" means an employee's non-accidental and
13inappropriate contact with an individual that causes bodily
14harm. "Physical abuse" includes actions that cause bodily harm
15as a result of an employee directing an individual or person to
16physically abuse another individual.
17    "Recommendation" means an admonition, separate from a
18finding, that requires action by the facility, agency, or
19Department to correct a systemic issue, problem, or deficiency
20identified during an investigation.
21    "Required reporter" means any employee who suspects,
22witnesses, or is informed of an allegation of any one or more
23of the following: mental abuse, physical abuse, sexual abuse,
24neglect, or financial exploitation.
25    "Secretary" means the Chief Administrative Officer of the
26Department.

 

 

SB2037- 181 -LRB102 17120 WGH 22551 b

1    "Sexual abuse" means any sexual contact or intimate
2physical contact between an employee and an individual,
3including an employee's coercion or encouragement of an
4individual to engage in sexual behavior that results in sexual
5contact, intimate physical contact, sexual behavior, or
6intimate physical behavior. Sexual abuse also includes (i) an
7employee's actions that result in the sending or showing of
8sexually explicit images to an individual via computer,
9cellular phone, electronic mail, portable electronic device,
10or other media with or without contact with the individual or
11(ii) an employee's posting of sexually explicit images of an
12individual online or elsewhere whether or not there is contact
13with the individual.
14    "Sexually explicit images" includes, but is not limited
15to, any material which depicts nudity, sexual conduct, or
16sado-masochistic abuse, or which contains explicit and
17detailed verbal descriptions or narrative accounts of sexual
18excitement, sexual conduct, or sado-masochistic abuse.
19    "Substantiated" means there is a preponderance of the
20evidence to support the allegation.
21    "Unfounded" means there is no credible evidence to support
22the allegation.
23    "Unsubstantiated" means there is credible evidence, but
24less than a preponderance of evidence to support the
25allegation.
26    (c) Appointment. The Governor shall appoint, and the

 

 

SB2037- 182 -LRB102 17120 WGH 22551 b

1Senate shall confirm, an Inspector General. The Inspector
2General shall be appointed for a term of 4 years and shall
3function within the Department of Human Services and report to
4the Secretary and the Governor.
5    (d) Operation and appropriation. The Inspector General
6shall function independently within the Department with
7respect to the operations of the Office, including the
8performance of investigations and issuance of findings and
9recommendations. The appropriation for the Office of Inspector
10General shall be separate from the overall appropriation for
11the Department.
12    (e) Powers and duties. The Inspector General shall
13investigate reports of suspected mental abuse, physical abuse,
14sexual abuse, neglect, or financial exploitation of
15individuals in any mental health or developmental disabilities
16facility or agency and shall have authority to take immediate
17action to prevent any one or more of the following from
18happening to individuals under its jurisdiction: mental abuse,
19physical abuse, sexual abuse, neglect, or financial
20exploitation. Upon written request of an agency of this State,
21the Inspector General may assist another agency of the State
22in investigating reports of the abuse, neglect, or abuse and
23neglect of persons with mental illness, persons with
24developmental disabilities, or persons with both. To comply
25with the requirements of subsection (k) of this Section, the
26Inspector General shall also review all reportable deaths for

 

 

SB2037- 183 -LRB102 17120 WGH 22551 b

1which there is no allegation of abuse or neglect. Nothing in
2this Section shall preempt any duties of the Medical Review
3Board set forth in the Mental Health and Developmental
4Disabilities Code. The Inspector General shall have no
5authority to investigate alleged violations of the State
6Officials and Employees Ethics Act. Allegations of misconduct
7under the State Officials and Employees Ethics Act shall be
8referred to the Office of the Governor's Executive Inspector
9General for investigation.
10    (f) Limitations. The Inspector General shall not conduct
11an investigation within an agency or facility if that
12investigation would be redundant to or interfere with an
13investigation conducted by another State agency. The Inspector
14General shall have no supervision over, or involvement in, the
15routine programmatic, licensing, funding, or certification
16operations of the Department. Nothing in this subsection
17limits investigations by the Department that may otherwise be
18required by law or that may be necessary in the Department's
19capacity as central administrative authority responsible for
20the operation of the State's mental health and developmental
21disabilities facilities.
22    (g) Rulemaking authority. The Inspector General shall
23promulgate rules establishing minimum requirements for
24reporting allegations as well as for initiating, conducting,
25and completing investigations based upon the nature of the
26allegation or allegations. The rules shall clearly establish

 

 

SB2037- 184 -LRB102 17120 WGH 22551 b

1that if 2 or more State agencies could investigate an
2allegation, the Inspector General shall not conduct an
3investigation that would be redundant to, or interfere with,
4an investigation conducted by another State agency. The rules
5shall further clarify the method and circumstances under which
6the Office of Inspector General may interact with the
7licensing, funding, or certification units of the Department
8in preventing further occurrences of mental abuse, physical
9abuse, sexual abuse, neglect, egregious neglect, and financial
10exploitation.
11    (h) Training programs. The Inspector General shall (i)
12establish a comprehensive program to ensure that every person
13authorized to conduct investigations receives ongoing training
14relative to investigation techniques, communication skills,
15and the appropriate means of interacting with persons
16receiving treatment for mental illness, developmental
17disability, or both mental illness and developmental
18disability, and (ii) establish and conduct periodic training
19programs for facility and agency employees concerning the
20prevention and reporting of any one or more of the following:
21mental abuse, physical abuse, sexual abuse, neglect, egregious
22neglect, or financial exploitation. The Inspector General
23shall further ensure (i) every person authorized to conduct
24investigations at community agencies receives ongoing training
25in Title 59, Parts 115, 116, and 119 of the Illinois
26Administrative Code, and (ii) every person authorized to

 

 

SB2037- 185 -LRB102 17120 WGH 22551 b

1conduct investigations shall receive ongoing training in Title
259, Part 50 of the Illinois Administrative Code. Nothing in
3this Section shall be deemed to prevent the Office of
4Inspector General from conducting any other training as
5determined by the Inspector General to be necessary or
6helpful.
7    (i) Duty to cooperate.
8        (1) The Inspector General shall at all times be
9    granted access to any facility or agency for the purpose
10    of investigating any allegation, conducting unannounced
11    site visits, monitoring compliance with a written
12    response, or completing any other statutorily assigned
13    duty. The Inspector General shall conduct unannounced site
14    visits to each facility at least annually for the purpose
15    of reviewing and making recommendations on systemic issues
16    relative to preventing, reporting, investigating, and
17    responding to all of the following: mental abuse, physical
18    abuse, sexual abuse, neglect, egregious neglect, or
19    financial exploitation.
20        (2) Any employee who fails to cooperate with an Office
21    of the Inspector General investigation is in violation of
22    this Act. Failure to cooperate with an investigation
23    includes, but is not limited to, any one or more of the
24    following: (i) creating and transmitting a false report to
25    the Office of the Inspector General hotline, (ii)
26    providing false information to an Office of the Inspector

 

 

SB2037- 186 -LRB102 17120 WGH 22551 b

1    General Investigator during an investigation, (iii)
2    colluding with other employees to cover up evidence, (iv)
3    colluding with other employees to provide false
4    information to an Office of the Inspector General
5    investigator, (v) destroying evidence, (vi) withholding
6    evidence, or (vii) otherwise obstructing an Office of the
7    Inspector General investigation. Additionally, any
8    employee who, during an unannounced site visit or written
9    response compliance check, fails to cooperate with
10    requests from the Office of the Inspector General is in
11    violation of this Act.
12    (j) Subpoena powers. The Inspector General shall have the
13power to subpoena witnesses and compel the production of all
14documents and physical evidence relating to his or her
15investigations and any hearings authorized by this Act. This
16subpoena power shall not extend to persons or documents of a
17labor organization or its representatives insofar as the
18persons are acting in a representative capacity to an employee
19whose conduct is the subject of an investigation or the
20documents relate to that representation. Any person who
21otherwise fails to respond to a subpoena or who knowingly
22provides false information to the Office of the Inspector
23General by subpoena during an investigation is guilty of a
24Class A misdemeanor.
25    (k) Reporting allegations and deaths.
26        (1) Allegations. If an employee witnesses, is told of,

 

 

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1    or has reason to believe an incident of mental abuse,
2    physical abuse, sexual abuse, neglect, or financial
3    exploitation has occurred, the employee, agency, or
4    facility shall report the allegation by phone to the
5    Office of the Inspector General hotline according to the
6    agency's or facility's procedures, but in no event later
7    than 4 hours after the initial discovery of the incident,
8    allegation, or suspicion of any one or more of the
9    following: mental abuse, physical abuse, sexual abuse,
10    neglect, or financial exploitation. A required reporter as
11    defined in subsection (b) of this Section who knowingly or
12    intentionally fails to comply with these reporting
13    requirements is guilty of a Class A misdemeanor.
14        (2) Deaths. Absent an allegation, a required reporter
15    shall, within 24 hours after initial discovery, report by
16    phone to the Office of the Inspector General hotline each
17    of the following:
18            (i) Any death of an individual occurring within 14
19        calendar days after discharge or transfer of the
20        individual from a residential program or facility.
21            (ii) Any death of an individual occurring within
22        24 hours after deflection from a residential program
23        or facility.
24            (iii) Any other death of an individual occurring
25        at an agency or facility or at any Department-funded
26        site.

 

 

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1        (3) Retaliation. It is a violation of this Act for any
2    employee or administrator of an agency or facility to take
3    retaliatory action against an employee who acts in good
4    faith in conformance with his or her duties as a required
5    reporter.
6    (l) Reporting to law enforcement.
7        (1) Reporting criminal acts. Within 24 hours after
8    determining that there is credible evidence indicating
9    that a criminal act may have been committed or that
10    special expertise may be required in an investigation, the
11    Inspector General shall notify the Illinois Department of
12    State Police or other appropriate law enforcement
13    authority, or ensure that such notification is made. The
14    Illinois Department of State Police shall investigate any
15    report from a State-operated facility indicating a
16    possible murder, sexual assault, or other felony by an
17    employee. All investigations conducted by the Inspector
18    General shall be conducted in a manner designed to ensure
19    the preservation of evidence for possible use in a
20    criminal prosecution.
21        (2) Reporting allegations of adult students with
22    disabilities. Upon receipt of a reportable allegation
23    regarding an adult student with a disability, the
24    Department's Office of the Inspector General shall
25    determine whether the allegation meets the criteria for
26    the Domestic Abuse Program under the Abuse of Adults with

 

 

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1    Disabilities Intervention Act. If the allegation is
2    reportable to that program, the Office of the Inspector
3    General shall initiate an investigation. If the allegation
4    is not reportable to the Domestic Abuse Program, the
5    Office of the Inspector General shall make an expeditious
6    referral to the respective law enforcement entity. If the
7    alleged victim is already receiving services from the
8    Department, the Office of the Inspector General shall also
9    make a referral to the respective Department of Human
10    Services' Division or Bureau.
11    (m) Investigative reports. Upon completion of an
12investigation, the Office of Inspector General shall issue an
13investigative report identifying whether the allegations are
14substantiated, unsubstantiated, or unfounded. Within 10
15business days after the transmittal of a completed
16investigative report substantiating an allegation, finding an
17allegation is unsubstantiated, or if a recommendation is made,
18the Inspector General shall provide the investigative report
19on the case to the Secretary and to the director of the
20facility or agency where any one or more of the following
21occurred: mental abuse, physical abuse, sexual abuse, neglect,
22egregious neglect, or financial exploitation. The director of
23the facility or agency shall be responsible for maintaining
24the confidentiality of the investigative report consistent
25with State and federal law. In a substantiated case, the
26investigative report shall include any mitigating or

 

 

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1aggravating circumstances that were identified during the
2investigation. If the case involves substantiated neglect, the
3investigative report shall also state whether egregious
4neglect was found. An investigative report may also set forth
5recommendations. All investigative reports prepared by the
6Office of the Inspector General shall be considered
7confidential and shall not be released except as provided by
8the law of this State or as required under applicable federal
9law. Unsubstantiated and unfounded reports shall not be
10disclosed except as allowed under Section 6 of the Abused and
11Neglected Long Term Care Facility Residents Reporting Act. Raw
12data used to compile the investigative report shall not be
13subject to release unless required by law or a court order.
14"Raw data used to compile the investigative report" includes,
15but is not limited to, any one or more of the following: the
16initial complaint, witness statements, photographs,
17investigator's notes, police reports, or incident reports. If
18the allegations are substantiated, the victim, the victim's
19guardian, and the accused shall be provided with a redacted
20copy of the investigative report. Death reports where there
21was no allegation of abuse or neglect shall only be released
22pursuant to applicable State or federal law or a valid court
23order. Unredacted investigative reports, as well as raw data,
24may be shared with a local law enforcement entity, a State's
25Attorney's office, or a county coroner's office upon written
26request.

 

 

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1    (n) Written responses, clarification requests, and
2reconsideration requests.
3        (1) Written responses. Within 30 calendar days from
4    receipt of a substantiated investigative report or an
5    investigative report which contains recommendations,
6    absent a reconsideration request, the facility or agency
7    shall file a written response that addresses, in a concise
8    and reasoned manner, the actions taken to: (i) protect the
9    individual; (ii) prevent recurrences; and (iii) eliminate
10    the problems identified. The response shall include the
11    implementation and completion dates of such actions. If
12    the written response is not filed within the allotted 30
13    calendar day period, the Secretary shall determine the
14    appropriate corrective action to be taken.
15        (2) Requests for clarification. The facility, agency,
16    victim or guardian, or the subject employee may request
17    that the Office of Inspector General clarify the finding
18    or findings for which clarification is sought.
19        (3) Requests for reconsideration. The facility,
20    agency, victim or guardian, or the subject employee may
21    request that the Office of the Inspector General
22    reconsider the finding or findings or the recommendations.
23    A request for reconsideration shall be subject to a
24    multi-layer review and shall include at least one reviewer
25    who did not participate in the investigation or approval
26    of the original investigative report. After the

 

 

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1    multi-layer review process has been completed, the
2    Inspector General shall make the final determination on
3    the reconsideration request. The investigation shall be
4    reopened if the reconsideration determination finds that
5    additional information is needed to complete the
6    investigative record.
7    (o) Disclosure of the finding by the Inspector General.
8The Inspector General shall disclose the finding of an
9investigation to the following persons: (i) the Governor, (ii)
10the Secretary, (iii) the director of the facility or agency,
11(iv) the alleged victims and their guardians, (v) the
12complainant, and (vi) the accused. This information shall
13include whether the allegations were deemed substantiated,
14unsubstantiated, or unfounded.
15    (p) Secretary review. Upon review of the Inspector
16General's investigative report and any agency's or facility's
17written response, the Secretary shall accept or reject the
18written response and notify the Inspector General of that
19determination. The Secretary may further direct that other
20administrative action be taken, including, but not limited to,
21any one or more of the following: (i) additional site visits,
22(ii) training, (iii) provision of technical assistance
23relative to administrative needs, licensure, or certification,
24or (iv) the imposition of appropriate sanctions.
25    (q) Action by facility or agency. Within 30 days of the
26date the Secretary approves the written response or directs

 

 

SB2037- 193 -LRB102 17120 WGH 22551 b

1that further administrative action be taken, the facility or
2agency shall provide an implementation report to the Inspector
3General that provides the status of the action taken. The
4facility or agency shall be allowed an additional 30 days to
5send notice of completion of the action or to send an updated
6implementation report. If the action has not been completed
7within the additional 30-day period, the facility or agency
8shall send updated implementation reports every 60 days until
9completion. The Inspector General shall conduct a review of
10any implementation plan that takes more than 120 days after
11approval to complete, and shall monitor compliance through a
12random review of approved written responses, which may
13include, but are not limited to: (i) site visits, (ii)
14telephone contact, and (iii) requests for additional
15documentation evidencing compliance.
16    (r) Sanctions. Sanctions, if imposed by the Secretary
17under Subdivision (p)(iv) of this Section, shall be designed
18to prevent further acts of mental abuse, physical abuse,
19sexual abuse, neglect, egregious neglect, or financial
20exploitation or some combination of one or more of those acts
21at a facility or agency, and may include any one or more of the
22following:
23        (1) Appointment of on-site monitors.
24        (2) Transfer or relocation of an individual or
25    individuals.
26        (3) Closure of units.

 

 

SB2037- 194 -LRB102 17120 WGH 22551 b

1        (4) Termination of any one or more of the following:
2    (i) Department licensing, (ii) funding, or (iii)
3    certification.
4    The Inspector General may seek the assistance of the
5Illinois Attorney General or the office of any State's
6Attorney in implementing sanctions.
7    (s) Health Care Worker Registry.
8        (1) Reporting to the Registry. The Inspector General
9    shall report to the Department of Public Health's Health
10    Care Worker Registry, a public registry, the identity and
11    finding of each employee of a facility or agency against
12    whom there is a final investigative report containing a
13    substantiated allegation of physical or sexual abuse,
14    financial exploitation, or egregious neglect of an
15    individual.
16        (2) Notice to employee. Prior to reporting the name of
17    an employee, the employee shall be notified of the
18    Department's obligation to report and shall be granted an
19    opportunity to request an administrative hearing, the sole
20    purpose of which is to determine if the substantiated
21    finding warrants reporting to the Registry. Notice to the
22    employee shall contain a clear and concise statement of
23    the grounds on which the report to the Registry is based,
24    offer the employee an opportunity for a hearing, and
25    identify the process for requesting such a hearing. Notice
26    is sufficient if provided by certified mail to the

 

 

SB2037- 195 -LRB102 17120 WGH 22551 b

1    employee's last known address. If the employee fails to
2    request a hearing within 30 days from the date of the
3    notice, the Inspector General shall report the name of the
4    employee to the Registry. Nothing in this subdivision
5    (s)(2) shall diminish or impair the rights of a person who
6    is a member of a collective bargaining unit under the
7    Illinois Public Labor Relations Act or under any other
8    federal labor statute.
9        (3) Registry hearings. If the employee requests an
10    administrative hearing, the employee shall be granted an
11    opportunity to appear before an administrative law judge
12    to present reasons why the employee's name should not be
13    reported to the Registry. The Department shall bear the
14    burden of presenting evidence that establishes, by a
15    preponderance of the evidence, that the substantiated
16    finding warrants reporting to the Registry. After
17    considering all the evidence presented, the administrative
18    law judge shall make a recommendation to the Secretary as
19    to whether the substantiated finding warrants reporting
20    the name of the employee to the Registry. The Secretary
21    shall render the final decision. The Department and the
22    employee shall have the right to request that the
23    administrative law judge consider a stipulated disposition
24    of these proceedings.
25        (4) Testimony at Registry hearings. A person who makes
26    a report or who investigates a report under this Act shall

 

 

SB2037- 196 -LRB102 17120 WGH 22551 b

1    testify fully in any judicial proceeding resulting from
2    such a report, as to any evidence of abuse or neglect, or
3    the cause thereof. No evidence shall be excluded by reason
4    of any common law or statutory privilege relating to
5    communications between the alleged perpetrator of abuse or
6    neglect, or the individual alleged as the victim in the
7    report, and the person making or investigating the report.
8    Testimony at hearings is exempt from the confidentiality
9    requirements of subsection (f) of Section 10 of the Mental
10    Health and Developmental Disabilities Confidentiality Act.
11        (5) Employee's rights to collateral action. No
12    reporting to the Registry shall occur and no hearing shall
13    be set or proceed if an employee notifies the Inspector
14    General in writing, including any supporting
15    documentation, that he or she is formally contesting an
16    adverse employment action resulting from a substantiated
17    finding by complaint filed with the Illinois Civil Service
18    Commission, or which otherwise seeks to enforce the
19    employee's rights pursuant to any applicable collective
20    bargaining agreement. If an action taken by an employer
21    against an employee as a result of a finding of physical
22    abuse, sexual abuse, or egregious neglect is overturned
23    through an action filed with the Illinois Civil Service
24    Commission or under any applicable collective bargaining
25    agreement and if that employee's name has already been
26    sent to the Registry, the employee's name shall be removed

 

 

SB2037- 197 -LRB102 17120 WGH 22551 b

1    from the Registry.
2        (6) Removal from Registry. At any time after the
3    report to the Registry, but no more than once in any
4    12-month period, an employee may petition the Department
5    in writing to remove his or her name from the Registry.
6    Upon receiving notice of such request, the Inspector
7    General shall conduct an investigation into the petition.
8    Upon receipt of such request, an administrative hearing
9    will be set by the Department. At the hearing, the
10    employee shall bear the burden of presenting evidence that
11    establishes, by a preponderance of the evidence, that
12    removal of the name from the Registry is in the public
13    interest. The parties may jointly request that the
14    administrative law judge consider a stipulated disposition
15    of these proceedings.
16    (t) Review of Administrative Decisions. The Department
17shall preserve a record of all proceedings at any formal
18hearing conducted by the Department involving Health Care
19Worker Registry hearings. Final administrative decisions of
20the Department are subject to judicial review pursuant to
21provisions of the Administrative Review Law.
22    (u) Quality Care Board. There is created, within the
23Office of the Inspector General, a Quality Care Board to be
24composed of 7 members appointed by the Governor with the
25advice and consent of the Senate. One of the members shall be
26designated as chairman by the Governor. Of the initial

 

 

SB2037- 198 -LRB102 17120 WGH 22551 b

1appointments made by the Governor, 4 Board members shall each
2be appointed for a term of 4 years and 3 members shall each be
3appointed for a term of 2 years. Upon the expiration of each
4member's term, a successor shall be appointed for a term of 4
5years. In the case of a vacancy in the office of any member,
6the Governor shall appoint a successor for the remainder of
7the unexpired term.
8    Members appointed by the Governor shall be qualified by
9professional knowledge or experience in the area of law,
10investigatory techniques, or in the area of care of the
11mentally ill or care of persons with developmental
12disabilities. Two members appointed by the Governor shall be
13persons with a disability or parents of persons with a
14disability. Members shall serve without compensation, but
15shall be reimbursed for expenses incurred in connection with
16the performance of their duties as members.
17    The Board shall meet quarterly, and may hold other
18meetings on the call of the chairman. Four members shall
19constitute a quorum allowing the Board to conduct its
20business. The Board may adopt rules and regulations it deems
21necessary to govern its own procedures.
22    The Board shall monitor and oversee the operations,
23policies, and procedures of the Inspector General to ensure
24the prompt and thorough investigation of allegations of
25neglect and abuse. In fulfilling these responsibilities, the
26Board may do the following:

 

 

SB2037- 199 -LRB102 17120 WGH 22551 b

1        (1) Provide independent, expert consultation to the
2    Inspector General on policies and protocols for
3    investigations of alleged abuse, neglect, or both abuse
4    and neglect.
5        (2) Review existing regulations relating to the
6    operation of facilities.
7        (3) Advise the Inspector General as to the content of
8    training activities authorized under this Section.
9        (4) Recommend policies concerning methods for
10    improving the intergovernmental relationships between the
11    Office of the Inspector General and other State or federal
12    offices.
13    (v) Annual report. The Inspector General shall provide to
14the General Assembly and the Governor, no later than January 1
15of each year, a summary of reports and investigations made
16under this Act for the prior fiscal year with respect to
17individuals receiving mental health or developmental
18disabilities services. The report shall detail the imposition
19of sanctions, if any, and the final disposition of any
20corrective or administrative action directed by the Secretary.
21The summaries shall not contain any confidential or
22identifying information of any individual, but shall include
23objective data identifying any trends in the number of
24reported allegations, the timeliness of the Office of the
25Inspector General's investigations, and their disposition, for
26each facility and Department-wide, for the most recent 3-year

 

 

SB2037- 200 -LRB102 17120 WGH 22551 b

1time period. The report shall also identify, by facility, the
2staff-to-patient ratios taking account of direct care staff
3only. The report shall also include detailed recommended
4administrative actions and matters for consideration by the
5General Assembly.
6    (w) Program audit. The Auditor General shall conduct a
7program audit of the Office of the Inspector General on an
8as-needed basis, as determined by the Auditor General. The
9audit shall specifically include the Inspector General's
10compliance with the Act and effectiveness in investigating
11reports of allegations occurring in any facility or agency.
12The Auditor General shall conduct the program audit according
13to the provisions of the Illinois State Auditing Act and shall
14report its findings to the General Assembly no later than
15January 1 following the audit period.
16    (x) Nothing in this Section shall be construed to mean
17that an individual is a victim of abuse or neglect because of
18health care services appropriately provided or not provided by
19health care professionals.
20    (y) Nothing in this Section shall require a facility,
21including its employees, agents, medical staff members, and
22health care professionals, to provide a service to an
23individual in contravention of that individual's stated or
24implied objection to the provision of that service on the
25ground that that service conflicts with the individual's
26religious beliefs or practices, nor shall the failure to

 

 

SB2037- 201 -LRB102 17120 WGH 22551 b

1provide a service to an individual be considered abuse under
2this Section if the individual has objected to the provision
3of that service based on his or her religious beliefs or
4practices.
5(Source: P.A. 100-313, eff. 8-24-17; 100-432, eff. 8-25-17;
6100-863, eff. 8-14-18; 100-943, eff. 1-1-19; 100-991, eff.
78-20-18; 100-1098, eff. 8-26-18; 101-81, eff. 7-12-19.)
 
8    Section 150. The Department of Innovation and Technology
9Act is amended by changing Section 1-5 as follows:
 
10    (20 ILCS 1370/1-5)
11    Sec. 1-5. Definitions. In this Act:
12    "Bureau of Communications and Computer Services" means the
13Bureau of Communications and Computer Services, also known as
14the Bureau of Information and Communication Services, created
15by rule (2 Illinois Administrative Code 750.40) within the
16Department of Central Management Services.
17    "Client agency" means each transferring agency, or its
18successor. When applicable, "client agency" may also include
19any other public agency to which the Department provides
20service to the extent specified in an interagency contract
21with the public agency.
22    "Dedicated unit" means the dedicated bureau, division,
23office, or other unit within a transferring agency that is
24responsible for the information technology functions of the

 

 

SB2037- 202 -LRB102 17120 WGH 22551 b

1transferring agency. For the Office of the Governor,
2"dedicated unit" means the Information Technology Office, also
3known as the Office of the Chief Information Officer. For the
4Department of Central Management Services, "dedicated unit"
5means the Bureau of Communications and Computer Services, also
6known as the Bureau of Information and Communication Services.
7    "Department" means the Department of Innovation and
8Technology.
9    "Information technology" means technology,
10infrastructure, equipment, systems, software, networks, and
11processes used to create, send, receive, and store electronic
12or digital information, including, without limitation,
13computer systems and telecommunication services and systems.
14"Information technology" shall be construed broadly to
15incorporate future technologies (such as sensors and balanced
16private hybrid or public cloud posture tailored to the mission
17of the agency) that change or supplant those in effect as of
18the effective date of this Act.
19    "Information technology functions" means the development,
20procurement, installation, retention, maintenance, operation,
21possession, storage, and related functions of all information
22technology.
23    "Information Technology Office" means the Information
24Technology Office, also known as the Office of the Chief
25Information Officer, within the Office of the Governor,
26created by Executive Order 1999-05, or its successor.

 

 

SB2037- 203 -LRB102 17120 WGH 22551 b

1    "Legacy information technology division" means any
2division, bureau, or other unit of a transferring agency which
3has responsibility for information technology functions for
4the agency prior to the transfer of those functions to the
5Department, including, without limitation, the Bureau of
6Communications and Computer Services.
7    "Secretary" means the Secretary of Innovation and
8Technology.
9    "State agency" means each State agency, department, board,
10and commission directly responsible to the Governor.
11    "Transferring agency" means the Department on Aging; the
12Departments of Agriculture, Central Management Services,
13Children and Family Services, Commerce and Economic
14Opportunity, Corrections, Employment Security, Financial and
15Professional Regulation, Healthcare and Family Services, Human
16Rights, Human Services, Insurance, Juvenile Justice, Labor,
17Lottery, Military Affairs, Natural Resources, Public Health,
18Revenue, State Police, Transportation, and Veterans' Affairs;
19the Illinois State Police; the Capital Development Board; the
20Deaf and Hard of Hearing Commission; the Environmental
21Protection Agency; the Governor's Office of Management and
22Budget; the Guardianship and Advocacy Commission; the Historic
23Preservation Agency; the Illinois Arts Council; the Illinois
24Council on Developmental Disabilities; the Illinois Emergency
25Management Agency; the Illinois Gaming Board; the Illinois
26Health Information Exchange Authority; the Illinois Liquor

 

 

SB2037- 204 -LRB102 17120 WGH 22551 b

1Control Commission; the Illinois Technology Office; the Office
2of the State Fire Marshal; and the Prisoner Review Board.
3"Transferring agency" does not include a State constitutional
4office, the Office of the Executive Inspector General, or any
5office of the legislative or judicial branches of State
6government.
7(Source: P.A. 100-611, eff. 7-20-18; 100-1169, eff. 1-4-19.)
 
8    Section 155. The Department of Labor Law of the Civil
9Administrative Code of Illinois is amended by changing Section
101505-200 as follows:
 
11    (20 ILCS 1505/1505-200)  (was 20 ILCS 1505/43.21)
12    Sec. 1505-200. Criminal history record information.
13Whenever the Department is authorized or required by law to
14consider some aspect of criminal history record information
15for the purpose of carrying out its statutory powers and
16responsibilities, then, upon request and payment of fees in
17conformance with the requirements of Section 2605-400 of the
18Illinois Department of State Police Law (20 ILCS
192605/2605-400), the Illinois Department of State Police is
20authorized to furnish, pursuant to positive identification,
21any information contained in State files that is necessary to
22fulfill the request.
23(Source: P.A. 91-239, eff. 1-1-00.)
 

 

 

SB2037- 205 -LRB102 17120 WGH 22551 b

1    Section 160. The Illinois Lottery Law is amended by
2changing Sections 10.4 and 21.10 as follows:
 
3    (20 ILCS 1605/10.4)  (from Ch. 120, par. 1160.4)
4    Sec. 10.4. Every person who shall violate the provisions
5of Section 10.3, or who does not segregate and keep separate
6and apart from all other funds and assets, all proceeds from
7the sale of lottery tickets received by a person in the
8capacity of a sales agent, shall upon conviction thereof be
9guilty of a Class 4 felony. The provisions of this Section
10shall be enforced by the Illinois Department of State Police
11and prosecuted by the Attorney General.
12(Source: P.A. 85-183; 86-1475.)
 
13    (20 ILCS 1605/21.10)
14    Sec. 21.10. Scratch-off for State police memorials.
15    (a) The Department shall offer a special instant
16scratch-off game for the benefit of State police memorials.
17The game shall commence on January 1, 2019 or as soon
18thereafter, at the discretion of the Director, as is
19reasonably practical. The operation of the game shall be
20governed by this Act and any rules adopted by the Department.
21If any provision of this Section is inconsistent with any
22other provision of this Act, then this Section governs.
23    (b) The net revenue from the State police memorials
24scratch-off game shall be deposited into the Criminal Justice

 

 

SB2037- 206 -LRB102 17120 WGH 22551 b

1Information Projects Fund and distributed equally, as soon as
2practical but at least on a monthly basis, to the Chicago
3Police Memorial Foundation Fund, the Police Memorial Committee
4Fund, and the Illinois State Police Memorial Park Fund. Moneys
5transferred to the funds under this Section shall be used,
6subject to appropriation, to fund grants for building and
7maintaining memorials and parks; holding annual memorial
8commemorations; giving scholarships to children of officers
9killed or catastrophically injured in the line of duty, or
10those interested in pursuing a career in law enforcement;
11providing financial assistance to police officers and their
12families when a police officer is killed or injured in the line
13of duty; and providing financial assistance to officers for
14the purchase or replacement of bulletproof vests to be used in
15the line of duty.
16    For purposes of this subsection, "net revenue" means the
17total amount for which tickets have been sold less the sum of
18the amount paid out in the prizes and the actual
19administrative expenses of the Department solely related to
20the scratch-off game under this Section.
21    (c) During the time that tickets are sold for the State
22police memorials scratch-off game, the Department shall not
23unreasonably diminish the efforts devoted to marketing any
24other instant scratch-off lottery game.
25    (d) The Department may adopt any rules necessary to
26implement and administer the provisions of this Section.

 

 

SB2037- 207 -LRB102 17120 WGH 22551 b

1(Source: P.A. 100-647, eff. 7-30-18; 101-81, eff. 7-12-19.)
 
2    Section 165. The Mental Health and Developmental
3Disabilities Administrative Act is amended by changing Section
44.2 as follows:
 
5    (20 ILCS 1705/4.2)  (from Ch. 91 1/2, par. 100-4.2)
6    Sec. 4.2. Facility staff.
7    (a) The Department shall describe and delineate guidelines
8for each of the facilities it operates regarding the number
9and qualifications of the staff required to carry out
10prescribed duties. The guidelines shall be based on
11consideration of recipient needs as well as professional and
12programmatic requirements, including those established for
13purposes of national accreditation and for certification under
14Titles XVIII and XIX of the federal Social Security Act.
15    (b) As used in this Section, "direct care position" means
16any position with the Department in which the job titles which
17will regularly or temporarily entail contact with recipients
18in the Department's facilities for persons with a mental
19illness or a developmental disability.
20    (c) The Department shall require that each candidate for
21employment in a direct care position, as a condition of
22employment, shall submit to a fingerprint-based criminal
23background investigation to determine whether the candidate
24for employment in a direct care position has ever been charged

 

 

SB2037- 208 -LRB102 17120 WGH 22551 b

1with a crime and, if so, the disposition of those charges. This
2authorization shall indicate the scope of the inquiry and the
3agencies which may be contacted. Upon this authorization, the
4Director (or, on or after July 1, 1997, the Secretary) shall
5request and receive information and assistance from any
6federal, State or local governmental agency as part of the
7authorized investigation. The Illinois Department of State
8Police shall provide information concerning any criminal
9charges, and their disposition, now or hereafter filed against
10a candidate for employment in a direct care position upon
11request of the Department when the request is made in the form
12and manner required by the Illinois Department of State
13Police.
14    Information concerning convictions of a candidate for
15employment in a direct care position investigated under this
16Section, including the source of the information and any
17conclusions or recommendations derived from the information,
18shall be provided, upon request, to the candidate for
19employment in a direct care position before final action by
20the Department on the application. Information on convictions
21of a candidate for employment in a direct care position under
22this Act shall be provided to the director of the employing
23unit, and, upon request, to the candidate for employment in a
24direct care position. Any information concerning criminal
25charges and the disposition of those charges obtained by the
26Department shall be confidential and may not be transmitted

 

 

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1outside the Department, except as required in this Act, and
2may not be transmitted to anyone within the Department except
3as needed for the purpose of evaluating an application of a
4candidate for employment in a direct care position. Only
5information and standards which bear a reasonable and rational
6relation to the performance of a direct care position shall be
7used by the Department. Any employee of the Department or the
8Illinois Department of State Police receiving confidential
9information under this Section who gives or causes to be given
10any confidential information concerning any criminal
11convictions of a candidate for employment in a direct care
12position shall be guilty of a Class A misdemeanor unless
13release of the information is authorized by this Section.
14    A Department employing unit may hire, on a probationary
15basis, any candidate for employment in a direct care position,
16authorizing a criminal background investigation under this
17Section, pending the result of the investigation. A candidate
18for employment in a direct care position shall be notified
19before he or she is hired that his or her employment may be
20terminated on the basis of criminal background information
21obtained by the employing unit.
22    No person may be employed in a direct care position who
23refuses to authorize an investigation as required by this
24subsection (c).
25(Source: P.A. 92-218, eff. 1-1-02.)
 

 

 

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1    Section 170. The Department of Human Services (Mental
2Health and Developmental Disabilities) Law of the Civil
3Administrative Code of Illinois is amended by changing Section
41710-75 as follows:
 
5    (20 ILCS 1710/1710-75)  (was 20 ILCS 1710/53 in part)
6    Sec. 1710-75. Criminal history record information.
7Whenever the Department is authorized or required by law to
8consider some aspect of criminal history record information
9for the purpose of carrying out its statutory powers and
10responsibilities, then, upon request and payment of fees in
11conformance with the requirements of Section 2605-400 of the
12Illinois Department of State Police Law (20 ILCS
132605/2605-400), the Illinois Department of State Police is
14authorized to furnish, pursuant to positive identification,
15the information contained in State files that is necessary to
16fulfill the request.
17(Source: P.A. 91-239, eff. 1-1-00.)
 
18    Section 175. The Department of Natural Resources (Mines
19and Minerals) Law of the Civil Administrative Code of Illinois
20is amended by changing Section 1905-150 as follows:
 
21    (20 ILCS 1905/1905-150)  (was 20 ILCS 1905/45 in part)
22    Sec. 1905-150. Criminal history record information.
23Whenever the Department is authorized or required by law to

 

 

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1consider some aspect of criminal history record information
2for the purpose of carrying out its statutory powers and
3responsibilities, then upon request and payment of fees in
4conformance with the requirements of Section 2605-400 of the
5Illinois Department of State Police Law (20 ILCS
62605/2605-400), the Illinois Department of State Police is
7authorized to furnish, pursuant to positive identification,
8the information contained in State files that is necessary to
9fulfill the request.
10(Source: P.A. 91-239, eff. 1-1-00.)
 
11    Section 180. The Department of Professional Regulation Law
12of the Civil Administrative Code of Illinois is amended by
13changing Sections 2105-15 and 2105-20 as follows:
 
14    (20 ILCS 2105/2105-15)
15    Sec. 2105-15. General powers and duties.
16    (a) The Department has, subject to the provisions of the
17Civil Administrative Code of Illinois, the following powers
18and duties:
19        (1) To authorize examinations in English to ascertain
20    the qualifications and fitness of applicants to exercise
21    the profession, trade, or occupation for which the
22    examination is held.
23        (2) To prescribe rules and regulations for a fair and
24    wholly impartial method of examination of candidates to

 

 

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1    exercise the respective professions, trades, or
2    occupations.
3        (3) To pass upon the qualifications of applicants for
4    licenses, certificates, and authorities, whether by
5    examination, by reciprocity, or by endorsement.
6        (4) To prescribe rules and regulations defining, for
7    the respective professions, trades, and occupations, what
8    shall constitute a school, college, or university, or
9    department of a university, or other institution,
10    reputable and in good standing, and to determine the
11    reputability and good standing of a school, college, or
12    university, or department of a university, or other
13    institution, reputable and in good standing, by reference
14    to a compliance with those rules and regulations;
15    provided, that no school, college, or university, or
16    department of a university, or other institution that
17    refuses admittance to applicants solely on account of
18    race, color, creed, sex, sexual orientation, or national
19    origin shall be considered reputable and in good standing.
20        (5) To conduct hearings on proceedings to revoke,
21    suspend, refuse to renew, place on probationary status, or
22    take other disciplinary action as authorized in any
23    licensing Act administered by the Department with regard
24    to licenses, certificates, or authorities of persons
25    exercising the respective professions, trades, or
26    occupations and to revoke, suspend, refuse to renew, place

 

 

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1    on probationary status, or take other disciplinary action
2    as authorized in any licensing Act administered by the
3    Department with regard to those licenses, certificates, or
4    authorities.
5        The Department shall issue a monthly disciplinary
6    report.
7        The Department shall refuse to issue or renew a
8    license to, or shall suspend or revoke a license of, any
9    person who, after receiving notice, fails to comply with a
10    subpoena or warrant relating to a paternity or child
11    support proceeding. However, the Department may issue a
12    license or renewal upon compliance with the subpoena or
13    warrant.
14        The Department, without further process or hearings,
15    shall revoke, suspend, or deny any license or renewal
16    authorized by the Civil Administrative Code of Illinois to
17    a person who is certified by the Department of Healthcare
18    and Family Services (formerly Illinois Department of
19    Public Aid) as being more than 30 days delinquent in
20    complying with a child support order or who is certified
21    by a court as being in violation of the Non-Support
22    Punishment Act for more than 60 days. The Department may,
23    however, issue a license or renewal if the person has
24    established a satisfactory repayment record as determined
25    by the Department of Healthcare and Family Services
26    (formerly Illinois Department of Public Aid) or if the

 

 

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1    person is determined by the court to be in compliance with
2    the Non-Support Punishment Act. The Department may
3    implement this paragraph as added by Public Act 89-6
4    through the use of emergency rules in accordance with
5    Section 5-45 of the Illinois Administrative Procedure Act.
6    For purposes of the Illinois Administrative Procedure Act,
7    the adoption of rules to implement this paragraph shall be
8    considered an emergency and necessary for the public
9    interest, safety, and welfare.
10        (6) To transfer jurisdiction of any realty under the
11    control of the Department to any other department of the
12    State Government or to acquire or accept federal lands
13    when the transfer, acquisition, or acceptance is
14    advantageous to the State and is approved in writing by
15    the Governor.
16        (7) To formulate rules and regulations necessary for
17    the enforcement of any Act administered by the Department.
18        (8) To exchange with the Department of Healthcare and
19    Family Services information that may be necessary for the
20    enforcement of child support orders entered pursuant to
21    the Illinois Public Aid Code, the Illinois Marriage and
22    Dissolution of Marriage Act, the Non-Support of Spouse and
23    Children Act, the Non-Support Punishment Act, the Revised
24    Uniform Reciprocal Enforcement of Support Act, the Uniform
25    Interstate Family Support Act, the Illinois Parentage Act
26    of 1984, or the Illinois Parentage Act of 2015.

 

 

SB2037- 215 -LRB102 17120 WGH 22551 b

1    Notwithstanding any provisions in this Code to the
2    contrary, the Department of Professional Regulation shall
3    not be liable under any federal or State law to any person
4    for any disclosure of information to the Department of
5    Healthcare and Family Services (formerly Illinois
6    Department of Public Aid) under this paragraph (8) or for
7    any other action taken in good faith to comply with the
8    requirements of this paragraph (8).
9        (8.3) To exchange information with the Department of
10    Human Rights regarding recommendations received under
11    paragraph (B) of Section 8-109 of the Illinois Human
12    Rights Act regarding a licensee or candidate for licensure
13    who has committed a civil rights violation that may lead
14    to the refusal, suspension, or revocation of a license
15    from the Department.
16        (8.5) To accept continuing education credit for
17    mandated reporter training on how to recognize and report
18    child abuse offered by the Department of Children and
19    Family Services and completed by any person who holds a
20    professional license issued by the Department and who is a
21    mandated reporter under the Abused and Neglected Child
22    Reporting Act. The Department shall adopt any rules
23    necessary to implement this paragraph.
24        (9) To perform other duties prescribed by law.
25    (a-5) Except in cases involving delinquency in complying
26with a child support order or violation of the Non-Support

 

 

SB2037- 216 -LRB102 17120 WGH 22551 b

1Punishment Act and notwithstanding anything that may appear in
2any individual licensing Act or administrative rule, no person
3or entity whose license, certificate, or authority has been
4revoked as authorized in any licensing Act administered by the
5Department may apply for restoration of that license,
6certification, or authority until 3 years after the effective
7date of the revocation.
8    (b) (Blank).
9    (c) For the purpose of securing and preparing evidence,
10and for the purchase of controlled substances, professional
11services, and equipment necessary for enforcement activities,
12recoupment of investigative costs, and other activities
13directed at suppressing the misuse and abuse of controlled
14substances, including those activities set forth in Sections
15504 and 508 of the Illinois Controlled Substances Act, the
16Director and agents appointed and authorized by the Director
17may expend sums from the Professional Regulation Evidence Fund
18that the Director deems necessary from the amounts
19appropriated for that purpose. Those sums may be advanced to
20the agent when the Director deems that procedure to be in the
21public interest. Sums for the purchase of controlled
22substances, professional services, and equipment necessary for
23enforcement activities and other activities as set forth in
24this Section shall be advanced to the agent who is to make the
25purchase from the Professional Regulation Evidence Fund on
26vouchers signed by the Director. The Director and those agents

 

 

SB2037- 217 -LRB102 17120 WGH 22551 b

1are authorized to maintain one or more commercial checking
2accounts with any State banking corporation or corporations
3organized under or subject to the Illinois Banking Act for the
4deposit and withdrawal of moneys to be used for the purposes
5set forth in this Section; provided, that no check may be
6written nor any withdrawal made from any such account except
7upon the written signatures of 2 persons designated by the
8Director to write those checks and make those withdrawals.
9Vouchers for those expenditures must be signed by the
10Director. All such expenditures shall be audited by the
11Director, and the audit shall be submitted to the Department
12of Central Management Services for approval.
13    (d) Whenever the Department is authorized or required by
14law to consider some aspect of criminal history record
15information for the purpose of carrying out its statutory
16powers and responsibilities, then, upon request and payment of
17fees in conformance with the requirements of Section 2605-400
18of the Illinois Department of State Police Law (20 ILCS
192605/2605-400), the Illinois Department of State Police is
20authorized to furnish, pursuant to positive identification,
21the information contained in State files that is necessary to
22fulfill the request.
23    (e) The provisions of this Section do not apply to private
24business and vocational schools as defined by Section 15 of
25the Private Business and Vocational Schools Act of 2012.
26    (f) (Blank).

 

 

SB2037- 218 -LRB102 17120 WGH 22551 b

1    (f-5) Notwithstanding anything that may appear in any
2individual licensing statute or administrative rule, the
3Department shall allow an applicant to provide his or her
4individual taxpayer identification number as an alternative to
5providing a social security number when applying for a
6license.
7    (g) Notwithstanding anything that may appear in any
8individual licensing statute or administrative rule, the
9Department shall deny any license application or renewal
10authorized under any licensing Act administered by the
11Department to any person who has failed to file a return, or to
12pay the tax, penalty, or interest shown in a filed return, or
13to pay any final assessment of tax, penalty, or interest, as
14required by any tax Act administered by the Illinois
15Department of Revenue, until such time as the requirement of
16any such tax Act are satisfied; however, the Department may
17issue a license or renewal if the person has established a
18satisfactory repayment record as determined by the Illinois
19Department of Revenue. For the purpose of this Section,
20"satisfactory repayment record" shall be defined by rule.
21    In addition, a complaint filed with the Department by the
22Illinois Department of Revenue that includes a certification,
23signed by its Director or designee, attesting to the amount of
24the unpaid tax liability or the years for which a return was
25not filed, or both, is prima facie evidence of the licensee's
26failure to comply with the tax laws administered by the

 

 

SB2037- 219 -LRB102 17120 WGH 22551 b

1Illinois Department of Revenue. Upon receipt of that
2certification, the Department shall, without a hearing,
3immediately suspend all licenses held by the licensee.
4Enforcement of the Department's order shall be stayed for 60
5days. The Department shall provide notice of the suspension to
6the licensee by mailing a copy of the Department's order to the
7licensee's address of record or emailing a copy of the order to
8the licensee's email address of record. The notice shall
9advise the licensee that the suspension shall be effective 60
10days after the issuance of the Department's order unless the
11Department receives, from the licensee, a request for a
12hearing before the Department to dispute the matters contained
13in the order.
14    Any suspension imposed under this subsection (g) shall be
15terminated by the Department upon notification from the
16Illinois Department of Revenue that the licensee is in
17compliance with all tax laws administered by the Illinois
18Department of Revenue.
19    The Department may promulgate rules for the administration
20of this subsection (g).
21    (h) The Department may grant the title "Retired", to be
22used immediately adjacent to the title of a profession
23regulated by the Department, to eligible retirees. For
24individuals licensed under the Medical Practice Act of 1987,
25the title "Retired" may be used in the profile required by the
26Patients' Right to Know Act. The use of the title "Retired"

 

 

SB2037- 220 -LRB102 17120 WGH 22551 b

1shall not constitute representation of current licensure,
2registration, or certification. Any person without an active
3license, registration, or certificate in a profession that
4requires licensure, registration, or certification shall not
5be permitted to practice that profession.
6    (i) The Department shall make available on its website
7general information explaining how the Department utilizes
8criminal history information in making licensure application
9decisions, including a list of enumerated offenses that serve
10as a statutory bar to licensure.
11(Source: P.A. 100-262, eff. 8-22-17; 100-863, eff. 8-14-18;
12100-872, eff. 8-14-18; 100-883, eff. 8-14-18; 100-1078, eff.
131-1-19; 101-81, eff. 7-12-19; 101-221, eff. 1-1-20.)
 
14    (20 ILCS 2105/2105-20)
15    Sec. 2105-20. Criminal history records checks. Licensees
16or applicants applying for expedited licensure through an
17interstate compact enacted into law by the General Assembly,
18including, but not limited to, the Interstate Medical
19Licensure Compact Act, who have designated Illinois as the
20principal state of licensure for the purposes of the compact
21shall have his or her fingerprints submitted to the Illinois
22Department of State Police in an electronic format that
23complies with the form and manner for requesting and
24furnishing criminal history record information as prescribed
25by the Illinois Department of State Police. These fingerprints

 

 

SB2037- 221 -LRB102 17120 WGH 22551 b

1shall be checked against the Illinois Department of State
2Police and Federal Bureau of Investigation criminal history
3record databases now and hereafter filed. The Illinois
4Department of State Police shall charge applicants or
5licensees a fee for conducting the criminal history records
6check, which shall be deposited into the State Police Services
7Fund and shall not exceed the actual cost of the records check.
8The Illinois Department of State Police shall furnish,
9pursuant to positive identification, records of Illinois
10convictions to the Department. The Department may require
11applicants or licensees to pay a separate fingerprinting fee,
12either to the Department or to a vendor designated or approved
13by the Department. The Department, in its discretion, may
14allow an applicant or licensee who does not have reasonable
15access to a designated vendor to provide his or her
16fingerprints in an alternative manner. The Department may
17adopt any rules necessary to implement this Section.
18Communication between the Department and an interstate compact
19governing body, including, but not limited to, the Interstate
20Commission as defined in Section 180 of the Interstate Medical
21Licensure Compact Act, may not include information received
22from the Federal Bureau of Investigation relating to a State
23and federal criminal history records check.
24(Source: P.A. 100-230, eff. 8-18-17.)
 
25    Section 185. The Department of Public Health Powers and

 

 

SB2037- 222 -LRB102 17120 WGH 22551 b

1Duties Law of the Civil Administrative Code of Illinois is
2amended by changing Sections 2310-185 and 2310-376 as follows:
 
3    (20 ILCS 2310/2310-185)  (was 20 ILCS 2310/55.51)
4    Sec. 2310-185. Criminal history record information.
5Whenever the Department is authorized or required by law to
6consider some aspect of criminal history record information
7for the purpose of carrying out its statutory powers and
8responsibilities, then, upon request and payment of fees in
9conformance with the requirements of Section 2605-400 of the
10Illinois Department of State Police Law (20 ILCS
112605/2605-400), the Illinois Department of State Police is
12authorized to furnish, pursuant to positive identification,
13the information contained in State files that is necessary to
14fulfill the request.
15(Source: P.A. 91-239, eff. 1-1-00.)
 
16    (20 ILCS 2310/2310-376)
17    Sec. 2310-376. Hepatitis education and outreach.
18    (a) The Illinois General Assembly finds and declares the
19following:
20        (1) The World Health Organization characterizes
21    hepatitis as a disease of primary concern to humanity.
22        (2) Hepatitis is considered a silent killer; no
23    recognizable signs or symptoms occur until severe liver
24    damage has occurred.

 

 

SB2037- 223 -LRB102 17120 WGH 22551 b

1        (3) Studies indicate that nearly 4 million Americans
2    (1.8 percent of the population) carry the virus HCV that
3    causes the disease.
4        (4) 30,000 acute new infections occur each year in the
5    United States, and only 25 to 30 percent are diagnosed.
6        (5) 8,000 to 10,000 Americans die from the disease
7    each year.
8        (6) 200,000 Illinois residents may be carriers and
9    could develop the debilitating and potentially deadly
10    liver disease.
11        (7) Inmates of correctional facilities have a higher
12    incidence of hepatitis and, upon their release, present a
13    significant health risk to the general population.
14        (8) Illinois members of the armed services are subject
15    to an increased risk of contracting hepatitis due to their
16    possible receipt of contaminated blood during a
17    transfusion occurring for the treatment of wounds and due
18    to their service in areas of the World where the disease is
19    more prevalent and healthcare is less capable of detecting
20    and treating the disease. Many of these service members
21    are unaware of the danger of hepatitis and their increased
22    risk of contracting the disease.
23    (b) Subject to appropriation, the Department shall conduct
24an education and outreach campaign, in addition to its overall
25effort to prevent infectious disease in Illinois, in order to
26raise awareness about and promote prevention of hepatitis.

 

 

SB2037- 224 -LRB102 17120 WGH 22551 b

1    (c) Subject to appropriation, in addition to the education
2and outreach campaign provided in subsection (b), the
3Department shall develop and make available to physicians,
4other health care providers, members of the armed services,
5and other persons subject to an increased risk of contracting
6hepatitis, educational materials, in written and electronic
7forms, on the diagnosis, treatment, and prevention of the
8disease. These materials shall include the recommendations of
9the federal Centers for Disease Control and Prevention and any
10other persons or entities determined by the Department to have
11particular expertise on hepatitis, including the American
12Liver Foundation. These materials shall be written in terms
13that are understandable by members of the general public.
14    (d) The Department shall establish an Advisory Council on
15Hepatitis to develop a hepatitis prevention plan. The
16Department shall specify the membership, members' terms,
17provisions for removal of members, chairmen, and purpose of
18the Advisory Council. The Advisory Council shall consist of
19one representative from each of the following State agencies
20or offices, appointed by the head of each agency or office:
21        (1) The Department of Public Health.
22        (2) The Department of Public Aid.
23        (3) The Department of Corrections.
24        (4) The Department of Veterans' Affairs.
25        (5) The Department on Aging.
26        (6) The Department of Human Services.

 

 

SB2037- 225 -LRB102 17120 WGH 22551 b

1        (7) The Illinois Department of State Police.
2        (8) The office of the State Fire Marshal.
3    The Director shall appoint representatives of
4organizations and advocates in the State of Illinois,
5including, but not limited to, the American Liver Foundation.
6The Director shall also appoint interested members of the
7public, including consumers and providers of health services
8and representatives of local public health agencies, to
9provide recommendations and information to the members of the
10Advisory Council. Members of the Advisory Council shall serve
11on a voluntary, unpaid basis and are not entitled to
12reimbursement for mileage or other costs they incur in
13connection with performing their duties.
14(Source: P.A. 93-129, eff. 1-1-04; 94-406, eff. 8-2-05.)
 
15    Section 190. The Department of Revenue Law of the Civil
16Administrative Code of Illinois is amended by changing Section
172505-675 as follows:
 
18    (20 ILCS 2505/2505-675)  (was 20 ILCS 2505/39b50)
19    Sec. 2505-675. Whenever the Department is authorized or
20required by law to consider some aspect of criminal history
21record information for the purpose of carrying out its
22statutory powers and responsibilities, then, upon request and
23payment of fees in conformance with the requirements of
24Section 2605-400 of the Illinois Department of State Police

 

 

SB2037- 226 -LRB102 17120 WGH 22551 b

1Law (20 ILCS 2605/2605-400), the Illinois Department of State
2Police is authorized to furnish, pursuant to positive
3identification, the information contained in State files that
4is necessary to fulfill the request.
5(Source: P.A. 91-239, eff. 1-1-00.)
 
6    Section 195. The Department of State Police Law of the
7Civil Administrative Code of Illinois is amended by changing
8the heading of Article 2605 and Sections 2605-1, 2605-5,
92605-10, 2605-25, 2605-30, 2605-35, 2605-40, 2605-45, 2605-50,
102605-52, 2605-54, 2605-55, 2605-75, 2605-190, 2605-200,
112605-211, 2605-212, 2605-220, 2605-250, 2605-305, 2605-315,
122605-320, 2605-325, 2605-327, 2605-330, 2605-335, 2605-340,
132605-345, 2605-355, 2605-375, 2605-377, 2605-378, 2605-380,
142605-400, 2605-405, 2605-407, 2605-410, 2605-420, 2605-475,
152605-480, 2605-485, 2605-505, 2605-550, 2605-575, 2605-585,
162605-590, 2605-595, 2605-600, 2605-605, and 2605-610 and by
17adding Section 2605-51 as follows:
 
18    (20 ILCS 2605/Art. 2605 heading)
19
ARTICLE 2605. ILLINOIS DEPARTMENT OF STATE POLICE

 
20    (20 ILCS 2605/2605-1)
21    Sec. 2605-1. Article short title. This Article 2605 of the
22Civil Administrative Code of Illinois may be cited as the
23Illinois Department of State Police Law (formerly the

 

 

SB2037- 227 -LRB102 17120 WGH 22551 b

1Department of State Police Law).
2(Source: P.A. 91-239, eff. 1-1-00.)
 
3    (20 ILCS 2605/2605-5)
4    Sec. 2605-5. Definitions. In this Law:
5    "Department" means the Department of State Police.
6    "Director" means the Director of the Illinois State
7Police.
8    "Missing endangered senior" means an individual 65 years
9of age or older or a person with Alzheimer's disease or related
10dementias who is reported missing to a law enforcement agency
11and is, or is believed to be:
12        (1) a temporary or permanent resident of Illinois;
13        (2) at a location that cannot be determined by an
14    individual familiar with the missing individual; and
15        (3) incapable of returning to the individual's
16    residence without assistance.
17(Source: P.A. 96-442, eff. 1-1-10.)
 
18    (20 ILCS 2605/2605-10)  (was 20 ILCS 2605/55a in part)
19    Sec. 2605-10. Powers and duties, generally.
20    (a) The Illinois State Police shall exercise the rights,
21powers, and duties that have been vested in the Illinois State
22Police by the following:
23    The Illinois State Police Act.
24    The Illinois State Police Radio Act.

 

 

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1    The Criminal Identification Act.
2    The Illinois Vehicle Code.
3    The Firearm Owners Identification Card Act.
4    The Firearm Concealed Carry Act.
5    The Gun Dealer Licensing Act.
6    The Intergovernmental Missing Child Recovery Act of 1984.
7    The Intergovernmental Drug Laws Enforcement Act.
8    The Narcotic Control Division Abolition Act.
9    (b) The Illinois State Police Department shall have the
10powers and duties set forth in the following Sections.
11(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
12eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
1390-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
14    (20 ILCS 2605/2605-25)  (was 20 ILCS 2605/55a-1)
15    Sec. 2605-25. Illinois State Police Department divisions.
16    (a) The Illinois State Police Department is divided into
17the Division of Statewide 9-1-1, and the following divisions:
18the Division of Patrol Operations, the Division of Criminal
19Investigation, the Division of Forensic Services, the Division
20of Justice Services, the Division of the Academy and Training,
21and the Division of Internal Investigation Illinois State
22Police Academy, the Office of the Statewide 9-1-1
23Administrator, and 4 divisions: the Division of Operations,
24the Division of Forensic Services, the Division of Justice
25Services, and the Division of Internal Investigation.

 

 

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1    (b) The Office of the Director shall:
2        (1) Exercise the rights, powers, and duties vested in
3    the Illinois State Police Department by the Governor's
4    Office of Management and Budget Act.
5        (2) Exercise the rights, powers, and duties vested in
6    the Illinois State Police Department by the Personnel
7    Code.
8        (3) Exercise the rights, powers, and duties vested in
9    the Illinois State Police Department by "An Act relating
10    to internal auditing in State government", approved August
11    11, 1967 (repealed; now the Fiscal Control and Internal
12    Auditing Act).
13(Source: P.A. 101-378, eff. 1-1-20.)
 
14    (20 ILCS 2605/2605-30)  (was 20 ILCS 2605/55a-2)
15    Sec. 2605-30. Division of Patrol Operations (formerly
16State Troopers). The Division of Patrol Operations shall
17exercise the following functions and those in Section 2605-35:
18        (1) Cooperate with federal and State authorities
19    requesting utilization of the Illinois State Police's
20    Department's radio network system under the Illinois
21    Aeronautics Act.
22        (2) Exercise the rights, powers, and duties of the
23    Illinois State Police under the Illinois State Police Act.
24        (3) (Blank) Exercise the rights, powers, and duties
25    vested by law in the Department by the State Police Radio

 

 

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1    Act.
2        (4) Exercise the rights, powers, and duties of the
3    Illinois State Police Department vested by law in the
4    Department and the Illinois State Police by the Illinois
5    Vehicle Code.
6        (5) Exercise other duties that have been or may be
7    vested by law in the Illinois State Police.
8        (6) Exercise other duties that may be assigned by the
9    Director in order to fulfill the responsibilities and to
10    achieve the purposes of the Illinois State Police
11    Department.
12(Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
 
13    (20 ILCS 2605/2605-35)  (was 20 ILCS 2605/55a-3)
14    Sec. 2605-35. Division of Operations (formerly Criminal
15Investigation).
16    (a) The Division of Criminal Investigation Operations
17shall exercise the following functions and those in Section
182605-30:
19        (1) Exercise the rights, powers, and duties vested by
20    law in the Illinois State Police Department by the
21    Illinois Horse Racing Act of 1975, including those set
22    forth in Section 2605-215.
23        (2) Investigate the origins, activities, personnel,
24    and incidents of crime and enforce the criminal laws of
25    this State related thereto.

 

 

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1        (3) Enforce all laws regulating the production, sale,
2    prescribing, manufacturing, administering, transporting,
3    having in possession, dispensing, delivering,
4    distributing, or use of controlled substances and
5    cannabis.
6        (4) Cooperate with the police of cities, villages, and
7    incorporated towns and with the police officers of any
8    county in enforcing the laws of the State and in making
9    arrests and recovering property.
10        (5) Apprehend and deliver up any person charged in
11    this State or any other state with treason or a felony or
12    other crime who has fled from justice and is found in this
13    State.
14        (6) Investigate recipients and providers under the
15    Illinois Public Aid Code and any personnel involved in the
16    administration of the Code who are suspected of any
17    violation of the Code pertaining to fraud in the
18    administration, receipt, or provision of assistance and
19    pertaining to any violation of criminal law; and exercise
20    the functions required under Section 2605-220 in the
21    conduct of those investigations.
22        (7) Conduct other investigations as provided by law.
23        (8) Investigate public corruption. Exercise the powers
24    and perform the duties that have been vested in the
25    Department by the Sex Offender Registration Act and the
26    Sex Offender Community Notification Law; and promulgate

 

 

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1    reasonable rules and regulations necessitated thereby.
2        (9) Exercise other duties that may be assigned by the
3    Director in order to fulfill the responsibilities and
4    achieve the purposes of the Illinois State Police, which
5    may include the coordination of gang, terrorist, and
6    organized crime prevention, control activities, and
7    assisting local law enforcement in their crime control
8    activities Department.
9    (b) (Blank) There is hereby established in the Division of
10Operations the Office of Coordination of Gang Prevention,
11hereafter referred to as the Office.
12    The Office shall consult with units of local government
13and school districts to assist them in gang control activities
14and to administer a system of grants to units of local
15government and school districts that, upon application, have
16demonstrated a workable plan to reduce gang activity in their
17area. The grants shall not include reimbursement for
18personnel, nor shall they exceed 75% of the total request by
19any applicant. The grants may be calculated on a proportional
20basis, determined by funds available to the Department for
21this purpose. The Department has the authority to promulgate
22appropriate rules and regulations to administer this program.
23    The Office shall establish mobile units of trained
24personnel to respond to gang activities.
25    The Office shall also consult with and use the services of
26religious leaders and other celebrities to assist in gang

 

 

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1control activities.
2    The Office may sponsor seminars, conferences, or any other
3educational activity to assist communities in their gang crime
4control activities.
5(Source: P.A. 94-945, eff. 6-27-06.)
 
6    (20 ILCS 2605/2605-40)  (was 20 ILCS 2605/55a-4)
7    Sec. 2605-40. Division of Forensic Services. The Division
8of Forensic Services shall exercise the following functions:
9        (1) Provide crime scene services and traffic crash
10    reconstruction. (Blank).
11        (2) Exercise the rights, powers, and duties vested by
12    law in the Illinois State Police Department by Section
13    2605-300 of this Law.
14        (3) Provide assistance to local law enforcement
15    agencies through training, management, and consultant
16    services.
17        (4) (Blank).
18        (5) Exercise other duties that may be assigned by the
19    Director in order to fulfill the responsibilities and
20    achieve the purposes of the Illinois State Police
21    Department.
22        (6) Establish and operate a forensic science
23    laboratory system, including a forensic toxicological
24    laboratory service, for the purpose of testing specimens
25    submitted by coroners and other law enforcement officers

 

 

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1    in their efforts to determine whether alcohol, drugs, or
2    poisonous or other toxic substances have been involved in
3    deaths, accidents, or illness. Forensic toxicological
4    laboratories shall be established in Springfield, Chicago,
5    and elsewhere in the State as needed.
6        (6.5) Establish administrative rules in order to set
7    forth standardized requirements for the disclosure of
8    toxicology results and other relevant documents related to
9    a toxicological analysis. These administrative rules are
10    to be adopted to produce uniform and sufficient
11    information to allow a proper, well-informed determination
12    of the admissibility of toxicology evidence and to ensure
13    that this evidence is presented competently. These
14    administrative rules are designed to provide a minimum
15    standard for compliance of toxicology evidence and are is
16    not intended to limit the production and discovery of
17    material information. These administrative rules shall be
18    submitted by the Department of State Police into the
19    rulemaking process under the Illinois Administrative
20    Procedure Act on or before June 30, 2017.
21        (7) Subject to specific appropriations made for these
22    purposes, establish and coordinate a system for providing
23    accurate and expedited forensic science and other
24    investigative and laboratory services to local law
25    enforcement agencies and local State's Attorneys in aid of
26    the investigation and trial of capital cases.

 

 

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1(Source: P.A. 101-378, eff. 1-1-20.)
 
2    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)
3    Sec. 2605-45. Division of Justice Services. The Division
4of Justice Services shall exercise the following functions:
5        (1) Operate and maintain the Law Enforcement Agencies
6    Data System (LEADS), a statewide, computerized
7    telecommunications system designed to provide services,
8    information, and capabilities to the law enforcement and
9    criminal justice community in the State of Illinois. The
10    Director is responsible for establishing policy,
11    procedures, and regulations consistent with State and
12    federal rules, policies, and law by which LEADS operates.
13    The Director shall designate a statewide LEADS
14    Administrator for management of the system. The Director
15    may appoint a LEADS Advisory Policy Board to reflect the
16    needs and desires of the law enforcement and criminal
17    justice community and to make recommendations concerning
18    policies and procedures. (Blank).
19        (2) Pursue research and the publication of studies
20    pertaining to local law enforcement activities.
21        (3) Serve as the State's point of contact for the
22    Federal Bureau of Investigation's Uniform Crime Reporting
23    Program and National Incident-Based Reporting System
24    (Blank).
25        (4) Operate an electronic data processing and computer

 

 

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1    center for the storage and retrieval of data pertaining to
2    criminal activity.
3        (5) Exercise the rights, powers, and duties vested in
4    the Illinois State Police by the Cannabis Regulation and
5    Tax Act and the Compassionate Use of Medical Cannabis
6    Program Act former Division of State Troopers by Section
7    17 of the State Police Act.
8        (6) (Blank).
9        (6.5) Exercise the rights, powers, and duties vested
10    in the Illinois State Police Department by the Firearm
11    Owners Identification Card Act, the Firearm Concealed
12    Carry Act, and the Firearm Dealer License Certification
13    Act.
14        (7) Exercise other duties that may be assigned by the
15    Director to fulfill the responsibilities and achieve the
16    purposes of the Illinois State Police Department.
17        (8) Exercise the rights, powers, and duties vested by
18    law in the Illinois State Police Department by the
19    Criminal Identification Act.
20        (9) Exercise the powers and perform the duties that
21    have been vested in the Illinois State Police by the Sex
22    Offender Registration Act and the Sex Offender Community
23    Notification Law and adopt reasonable rules necessitated
24    thereby.
25(Source: P.A. 101-378, eff. 1-1-20.)
 

 

 

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1    (20 ILCS 2605/2605-50)  (was 20 ILCS 2605/55a-6)
2    Sec. 2605-50. Division of Internal Investigation. The
3Division of Internal Investigation shall have jurisdiction and
4initiate internal Illinois State Police departmental
5investigations and, at the direction of the Governor,
6investigate complaints and initiate investigations of official
7misconduct by State officers and all State employees under the
8jurisdiction of the Governor.
9(Source: P.A. 91-239, eff. 1-1-00.)
 
10    (20 ILCS 2605/2605-51 new)
11    Sec. 2605-51. Division of the Academy and Training.
12    (a) The Division of the Academy and Training shall
13exercise, but not be limited to, the following functions:
14        (1) Oversee and operate the Illinois State Police
15    Training Academy.
16        (2) Train and prepare new officers for a career in law
17    enforcement, with innovative, quality training and
18    educational practices.
19        (3) Offer continuing training and educational programs
20    for Illinois State Police employees.
21        (4) Oversee the Illinois State Police's recruitment
22    initiatives.
23        (5) Oversee and operate the Illinois State Police's
24    quartermaster.
25        (6) Duties assigned to the Illinois State Police in

 

 

SB2037- 238 -LRB102 17120 WGH 22551 b

1    Article 5, Chapter 11 of the Illinois Vehicle Code
2    concerning testing and training officers on the detection
3    of impaired driving.
4        (7) Duties assigned to the Illinois State Police in
5    Article 108B of the Code of Criminal Procedure.
6    (b) The Division of the Academy and Training shall
7exercise the rights, powers, and duties vested in the former
8Division of State Troopers by Section 17 of the Illinois State
9Police Act.
10    (c) Specialized training.
11        (1) Training; cultural diversity. The Division of the
12    Academy and Training shall provide training and continuing
13    education to State police officers concerning cultural
14    diversity, including sensitivity toward racial and ethnic
15    differences. This training and continuing education shall
16    include, but not be limited to, an emphasis on the fact
17    that the primary purpose of enforcement of the Illinois
18    Vehicle Code is safety and equal and uniform enforcement
19    under the law.
20        (2) Training; death and homicide investigations. The
21    Division of the Academy and Training shall provide
22    training in death and homicide investigation for State
23    police officers. Only State police officers who
24    successfully complete the training may be assigned as lead
25    investigators in death and homicide investigations.
26    Satisfactory completion of the training shall be evidenced

 

 

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1    by a certificate issued to the officer by the Division of
2    the Academy and Training. The Director shall develop a
3    process for waiver applications for officers whose prior
4    training and experience as homicide investigators may
5    qualify them for a waiver. The Director may issue a
6    waiver, at his or her discretion, based solely on the
7    prior training and experience of an officer as a homicide
8    investigator.
9        (3) Training; police dog training standards. All
10    police dogs used by the Illinois State Police for drug
11    enforcement purposes pursuant to the Cannabis Control Act,
12    the Illinois Controlled Substances Act, and the
13    Methamphetamine Control and Community Protection Act shall
14    be trained by programs that meet the certification
15    requirements set by the Director or the Director's
16    designee. Satisfactory completion of the training shall be
17    evidenced by a certificate issued by the Division of the
18    Academy and Training.
19        (4) Training; post-traumatic stress disorder. The
20    Division of the Academy and Training shall conduct or
21    approve a training program in post-traumatic stress
22    disorder for State police officers. The purpose of that
23    training shall be to equip State police officers to
24    identify the symptoms of post-traumatic stress disorder
25    and to respond appropriately to individuals exhibiting
26    those symptoms.

 

 

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1        (5) Training; opioid antagonists. The Division of the
2    Academy and Training shall conduct or approve a training
3    program for State police officers in the administration of
4    opioid antagonists as defined in paragraph (1) of
5    subsection (e) of Section 5-23 of the Substance Use
6    Disorder Act that is in accordance with that Section. As
7    used in this Section, "State police officers" includes
8    full-time or part-time State police officers,
9    investigators, and any other employee of the Illinois
10    State Police exercising the powers of a peace officer.
11        (6) Training; sexual assault and sexual abuse.
12            (A) Every 3 years, the Division of the Academy and
13        Training shall present in-service training on sexual
14        assault and sexual abuse response and report writing
15        training requirements, including, but not limited to,
16        the following:
17                (i) recognizing the symptoms of trauma;
18                (ii) understanding the role trauma has played
19            in a victim's life;
20                (iii) responding to the needs and concerns of
21            a victim;
22                (iv) delivering services in a compassionate,
23            sensitive, and nonjudgmental manner;
24                (v) interviewing techniques in accordance with
25            the curriculum standards in this paragraph (6);
26                (vi) understanding cultural perceptions and

 

 

SB2037- 241 -LRB102 17120 WGH 22551 b

1            common myths of sexual assault and sexual abuse;
2            and
3                (vii) report writing techniques in accordance
4            with the curriculum standards in this paragraph
5            (6).
6            (B) This training must also be presented in all
7        full and part-time basic law enforcement academies.
8            (C) Instructors providing this training shall have
9        successfully completed training on evidence-based,
10        trauma-informed, victim-centered responses to cases of
11        sexual assault and sexual abuse and have experience
12        responding to sexual assault and sexual abuse cases.
13            (D) The Illinois State Police shall adopt rules,
14        in consultation with the Office of the Attorney
15        General and the Illinois Law Enforcement Training
16        Standards Board, to determine the specific training
17        requirements for these courses, including, but not
18        limited to, the following:
19                (i) evidence-based curriculum standards for
20            report writing and immediate response to sexual
21            assault and sexual abuse, including
22            trauma-informed, victim-centered interview
23            techniques, which have been demonstrated to
24            minimize retraumatization, for all State police
25            officers; and
26                (ii) evidence-based curriculum standards for

 

 

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1            trauma-informed, victim-centered investigation
2            and interviewing techniques, which have been
3            demonstrated to minimize retraumatization, for
4            cases of sexual assault and sexual abuse for all
5            State police officers who conduct sexual assault
6            and sexual abuse investigations.
7        (7) Training; human trafficking. The Division of the
8    Academy and Training shall conduct or approve a training
9    program in the detection and investigation of all forms of
10    human trafficking, including, but not limited to,
11    involuntary servitude under subsection (b) of Section 10-9
12    of the Criminal Code of 2012, involuntary sexual servitude
13    of a minor under subsection (c) of Section 10-9 of the
14    Criminal Code of 2012, and trafficking in persons under
15    subsection (d) of Section 10-9 of the Criminal Code of
16    2012. This program shall be made available to all cadets
17    and State police officers.
18        (8) Training; hate crimes. The Division of the Academy
19    and Training shall provide training for State police
20    officers in identifying, responding to, and reporting all
21    hate crimes.
 
22    (20 ILCS 2605/2605-52)
23    Sec. 2605-52. Office of the Statewide 9-1-1 Administrator.
24    (a) There shall be established an Office of the Statewide
259-1-1 Administrator within the Illinois State Police

 

 

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1Department. Beginning January 1, 2016, the Office of the
2Statewide 9-1-1 Administrator shall be responsible for
3developing, implementing, and overseeing a uniform statewide
49-1-1 system for all areas of the State outside of
5municipalities having a population over 500,000.
6    (b) The Governor shall appoint, with the advice and
7consent of the Senate, a Statewide 9-1-1 Administrator. The
8Administrator shall serve for a term of 2 years, and until a
9successor is appointed and qualified; except that the term of
10the first 9-1-1 Administrator appointed under this Act shall
11expire on the third Monday in January, 2017. The Administrator
12shall not hold any other remunerative public office. The
13Administrator shall receive an annual salary as set by the
14Governor.
15    (c) The Illinois State Police Department, from
16appropriations made to it for that purpose, shall make grants
17to 9-1-1 Authorities for the purpose of defraying costs
18associated with 9-1-1 system consolidations awarded by the
19Administrator under Section 15.4b of the Emergency Telephone
20System Act.
21    (d) The Office of the Statewide 9-1-1 Administrator shall
22exercise the rights, powers, and duties vested by law in the
23Illinois State Police by the State Police Radio Act.
24    (e) The Office of the Statewide 9-1-1 Administrator shall
25also conduct the following communication activities:
26        (1) Acquire and operate one or more radio broadcasting

 

 

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1    stations in the State to be used for police purposes.
2        (2) Operate a statewide communications network to
3    gather and disseminate information for law enforcement
4    agencies.
5        (3) Operate an electronic data processing and computer
6    center for the storage and retrieval of data pertaining to
7    criminal activity.
8        (4) Undertake other communication activities that may
9    be required by law.
10(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 
11    (20 ILCS 2605/2605-54)
12    Sec. 2605-54. Training policy; persons arrested while
13under the influence of alcohol or drugs. The Illinois State
14Police Department shall adopt a policy and provide training to
15State Police officers concerning response and care for persons
16under the influence of alcohol or drugs. The policy shall be
17consistent with the Substance Use Disorder Act and shall
18provide guidance for the arrest of persons under the influence
19of alcohol or drugs, proper medical attention if warranted,
20and care and release of those persons from custody. The policy
21shall provide guidance concerning the release of persons
22arrested under the influence of alcohol or drugs who are under
23the age of 21 years of age which shall include, but not be
24limited to, language requiring the arresting officer to make a
25reasonable attempt to contact a responsible adult who is

 

 

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1willing to take custody of the person who is under the
2influence of alcohol or drugs.
3(Source: P.A. 100-537, eff. 6-1-18; 100-759, eff. 1-1-19.)
 
4    (20 ILCS 2605/2605-55)
5    Sec. 2605-55. Badges. The Director must authorize to each
6State trooper, police officer, and investigator and to any
7other employee of the Illinois State Police Department
8exercising the powers of a peace officer a distinct badge
9that, on its face, (i) clearly states that the badge is
10authorized by the Illinois State Police Department and (ii)
11contains a unique identifying number. No other badge shall be
12authorized by the Illinois State Police Department.
13(Source: P.A. 91-883, eff. 1-1-01.)
 
14    (20 ILCS 2605/2605-75)  (was 20 ILCS 2605/55a in part)
15    Sec. 2605-75. Bilingual police officers. The Illinois
16State Police Department may ascertain the number of bilingual
17police officers and other personnel needed to provide services
18in a language other than English and may establish, under
19applicable personnel rules and Illinois State Police
20Department guidelines or through a collective bargaining
21agreement, a bilingual pay supplement program.
22(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
23eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
2490-793, eff. 8-14-98; 91-239; 1-1-00.)
 

 

 

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1    (20 ILCS 2605/2605-190)  (was 20 ILCS 2605/55a in part)
2    Sec. 2605-190. Other laws in relation to law enforcement.
3To enforce and administer other laws in relation to law
4enforcement to the extent that they vest any rights, powers,
5or duties in the Illinois State Police Department.
6(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
7eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
890-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
9    (20 ILCS 2605/2605-200)  (was 20 ILCS 2605/55a in part)
10    Sec. 2605-200. Investigations of crime; enforcement of
11laws; records; crime laboratories; personnel.
12    (a) To do the following:
13        (1) Investigate the origins, activities, personnel,
14    and incidents of crime and the ways and means to redress
15    the victims of crimes; study the impact, if any, of
16    legislation relative to the effusion of crime and growing
17    crime rates; and enforce the criminal laws of this State
18    related thereto.
19        (2) Enforce all laws regulating the production, sale,
20    prescribing, manufacturing, administering, transporting,
21    having in possession, dispensing, delivering,
22    distributing, or use of controlled substances and
23    cannabis.
24        (3) Employ skilled experts, scientists, technicians,

 

 

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1    investigators, or otherwise specially qualified persons to
2    aid in preventing or detecting crime, apprehending
3    criminals, or preparing and presenting evidence of
4    violations of the criminal laws of the State.
5        (4) Cooperate with the police of cities, villages, and
6    incorporated towns and with the police officers of any
7    county in enforcing the laws of the State and in making
8    arrests and recovering property.
9        (5) Apprehend and deliver up any person charged in
10    this State or any other state of the United States with
11    treason or a felony or other crime who has fled from
12    justice and is found in this State.
13        (6) Conduct other investigations as provided by law.
14        (7) Be a central repository and custodian of criminal
15    statistics for the State.
16        (8) Be a central repository for criminal history
17    record information.
18        (9) Procure and file for record information that is
19    necessary and helpful to plan programs of crime
20    prevention, law enforcement, and criminal justice.
21        (10) Procure and file for record copies of
22    fingerprints that may be required by law.
23        (11) Establish general and field crime laboratories.
24        (12) Register and file for record information that may
25    be required by law for the issuance of firearm owner's
26    identification cards under the Firearm Owners

 

 

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1    Identification Card Act and concealed carry licenses under
2    the Firearm Concealed Carry Act.
3        (13) Employ laboratory technicians and other specially
4    qualified persons to aid in the identification of criminal
5    activity and the identification, collection, and recovery
6    of cyber forensics, including but not limited to digital
7    evidence, and may employ polygraph operators.
8        (14) Undertake other identification, information,
9    laboratory, statistical, or registration activities that
10    may be required by law.
11    (b) Persons exercising the powers set forth in subsection
12(a) within the Illinois State Police Department are
13conservators of the peace and as such have all the powers
14possessed by policemen in cities and sheriffs, except that
15they may exercise those powers anywhere in the State in
16cooperation with and after contact with the local law
17enforcement officials. Those persons may use false or
18fictitious names in the performance of their duties under this
19Section, upon approval of the Director, and shall not be
20subject to prosecution under the criminal laws for that use.
21(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
22eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
2390-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
24    (20 ILCS 2605/2605-211)
25    Sec. 2605-211. Protocol; methamphetamine; illegal

 

 

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1manufacture.
2    (a) The Illinois Department of State Police shall develop
3a protocol to be followed in performing gross remediation of
4clandestine laboratory sites not to exceed the standards
5established by the United States Drug Enforcement
6Administration.
7    (b) "Gross remediation" means the removal of any and all
8identifiable clandestine laboratory ingredients and apparatus.
9    (c) The Illinois Department of State Police must post the
10protocol on its official Web site.
11(Source: P.A. 94-555, eff. 8-12-05.)
 
12    (20 ILCS 2605/2605-212)
13    Sec. 2605-212. Children; methamphetamine; protocol. The
14Illinois State Police Department shall cooperate with the
15Department of Children and Family Services and the State Board
16of Education in developing the protocol required under Section
176.5 of the Children and Family Services Act. The Illinois
18State Police Department must post the protocol on the official
19Web site maintained by the Illinois State Police Department.
20(Source: P.A. 94-554, eff. 1-1-06.)
 
21    (20 ILCS 2605/2605-220)  (was 20 ILCS 2605/55a-7)
22    Sec. 2605-220. Public aid fraud investigations. The
23Illinois State Police Department, through the Division of
24Criminal Investigation Operations, shall investigate

 

 

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1recipients and providers under the Illinois Public Aid Code
2and any personnel involved in the administration of the Code
3who are suspected of any violations of the Code pertaining to
4fraud in the administration, receipt, or provision of
5assistance and pertaining to any violation of criminal law.
6The Illinois State Police Department shall, in addition to
7functions otherwise authorized by State and federal law,
8exercise the following functions:
9        (1) Initiate investigations of suspected cases of
10    public aid fraud.
11        (2) Investigate cases of public aid fraud.
12(Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
 
13    (20 ILCS 2605/2605-250)  (was 20 ILCS 2605/55a in part)
14    Sec. 2605-250. Obtaining evidence. To expend the sums the
15Director deems necessary from contractual services
16appropriations for the Illinois State Police Division of
17Operations for the purchase of evidence and for the employment
18of persons to obtain evidence. The sums shall be advanced to
19agents authorized by the Director to expend funds, on vouchers
20signed by the Director.
21(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
22eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
2390-793, eff. 8-14-98; 91-239, eff. 1-1-00; 91-760, eff.
241-1-01.)
 

 

 

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1    (20 ILCS 2605/2605-305)  (was 20 ILCS 2605/55a in part)
2    Sec. 2605-305. Statewide Organized Criminal Gang Database
3(SWORD). The Illinois State Police Department may establish
4and maintain, within the Illinois State Police Department, a
5Statewide Organized Criminal Gang Database (SWORD) for the
6purpose of tracking organized criminal gangs and their
7memberships. Information in the database may include, but not
8be limited to, the name, last known address, birth date,
9physical descriptions (such as scars, marks, or tattoos),
10officer safety information, organized gang affiliation, and
11entering agency identifier. The Illinois State Police
12Department may develop, in consultation with the Criminal
13Justice Information Authority, and in a form and manner
14prescribed by the Illinois State Police Department, an
15automated data exchange system to compile, to maintain, and to
16make this information electronically available to prosecutors
17and to other law enforcement agencies. The information may be
18used by authorized agencies to combat the operations of
19organized criminal gangs statewide.
20(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
21eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
2290-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
23    (20 ILCS 2605/2605-315)  (was 20 ILCS 2605/55a in part)
24    Sec. 2605-315. Criminal history record information for
25Department of Children and Family Services. Upon the request

 

 

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1of the Department of Children and Family Services, the
2Illinois Department of State Police shall provide properly
3designated employees of the Department of Children and Family
4Services with criminal history record information as defined
5in the Illinois Uniform Conviction Information Act and
6information maintained in the statewide central juvenile
7records system as defined in Section 2605-355 if the
8Department of Children and Family Services determines the
9information is necessary to perform its duties under the
10Abused and Neglected Child Reporting Act, the Child Care Act
11of 1969, and the Children and Family Services Act. The request
12shall be in the form and manner specified by the Illinois
13Department of State Police.
14(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
15eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
1690-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
17    (20 ILCS 2605/2605-320)
18    Sec. 2605-320. Criminal history information for Department
19of Human Services. Upon request of the Department of Human
20Services, to conduct an assessment and evaluation of sexually
21violent persons as mandated by the Sexually Violent Persons
22Commitment Act, the Illinois State Police Department shall
23furnish criminal history information maintained on the
24requested person. The request shall be in the form and manner
25specified by the Illinois State Police Department.

 

 

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1(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
2eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
390-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
4    (20 ILCS 2605/2605-325)  (was 20 ILCS 2605/55a in part)
5    Sec. 2605-325. Conviction information for school board or
6regional superintendent. On request of a school board or
7regional superintendent of schools, to conduct a
8fingerprint-based criminal history records check pursuant to
9Section 10-21.9 or 34-18.5 of the School Code. The Illinois
10State Police Department shall furnish the conviction
11information to the president of the school board of the school
12district that has requested the information or, if the
13information was requested by the regional superintendent, to
14that regional superintendent.
15(Source: P.A. 93-909, eff. 8-12-04.)
 
16    (20 ILCS 2605/2605-327)
17    Sec. 2605-327. Conviction and sex offender information for
18medical school. Upon the inquiry of a medical school under the
19Medical School Matriculant Criminal History Records Check Act,
20to ascertain whether a matriculant of the medical school has
21been convicted of any violent felony or has been adjudicated a
22sex offender.
23    The Illinois State Police Department shall make sex
24offender information available to the inquiring medical school

 

 

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1through the Statewide Sex Offender Database. Medical schools
2in this State must conduct an inquiry into the Statewide Sex
3Offender Database on all matriculants as part of the
4admissions process.
5    Pursuant to the Medical School Matriculant Criminal
6History Records Check Act, the Illinois State Police
7Department shall conduct a fingerprint-based criminal history
8records check of the Illinois criminal history records
9database and the Federal Bureau of Investigation criminal
10history records database upon the request of a public medical
11school. Pursuant to the Medical School Matriculant Criminal
12History Records Check Act, the Illinois State Police
13Department shall conduct a fingerprint-based, Illinois Uniform
14Conviction Information Act check of the Illinois criminal
15history records database upon the request of a private medical
16school. The Illinois State Police Department may charge the
17requesting public or private medical school a fee for
18conducting the fingerprint-based criminal history records
19check. The fee shall not exceed the cost of the inquiry and
20shall be deposited into the State Police Services Fund.
21(Source: P.A. 94-709, eff. 12-5-05; 94-837, eff. 6-6-06.)
 
22    (20 ILCS 2605/2605-330)  (was 20 ILCS 2605/55a in part)
23    Sec. 2605-330. Firefighter applicant criminal history
24records checks. Upon the request of the chief of a fire
25department or the board of trustees of a fire protection

 

 

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1district, the Illinois State Police Department shall conduct
2fingerprint-based criminal history records checks of both
3State and Federal Bureau of Investigation criminal history
4record databases concerning prospective firefighters and
5report to the requesting chief or the board of trustees of a
6fire protection district any conviction information about
7those persons. The Illinois State Police Department may charge
8the requesting chief or board of trustees a fee for conducting
9the criminal history records check. The fee shall be deposited
10into the State Police Services Fund and shall not exceed the
11cost of the inquiry. The Illinois State Police Department may
12prescribe the form and manner for requesting and furnishing
13conviction information under this Section.
14(Source: P.A. 92-16, eff. 6-28-01; 93-952, eff. 1-1-05.)
 
15    (20 ILCS 2605/2605-335)  (was 20 ILCS 2605/55a in part)
16    Sec. 2605-335. Conviction information for private child
17services organization. Upon the request of any private
18organization that devotes a major portion of its time to the
19provision of recreational, social, educational, or child
20safety services to children, to conduct, pursuant to positive
21identification, criminal background investigations of all of
22that organization's current employees, current volunteers,
23prospective employees, or prospective volunteers charged with
24the care and custody of children during the provision of the
25organization's services, and to report to the requesting

 

 

SB2037- 256 -LRB102 17120 WGH 22551 b

1organization any record of convictions maintained in the
2Illinois State Police's Department's files about those
3persons. The Illinois State Police Department shall charge an
4application fee, based on actual costs, for the dissemination
5of conviction information pursuant to this Section. The
6Illinois State Police Department is empowered to establish
7this fee and shall prescribe the form and manner for
8requesting and furnishing conviction information pursuant to
9this Section.
10    Information received by the organization from the Illinois
11State Police Department concerning an individual shall be
12provided to the individual. Any such information obtained by
13the organization shall be confidential and may not be
14transmitted outside the organization and may not be
15transmitted to anyone within the organization except as needed
16for the purpose of evaluating the individual. Only information
17and standards that bear a reasonable and rational relation to
18the performance of child care shall be used by the
19organization.
20    Any employee of the Illinois State Police Department or
21any member, employee, or volunteer of the organization
22receiving confidential information under this Section who
23gives or causes to be given any confidential information
24concerning any criminal convictions of an individual shall be
25guilty of a Class A misdemeanor unless release of the
26information is authorized by this Section.

 

 

SB2037- 257 -LRB102 17120 WGH 22551 b

1(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
2eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
390-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
4    (20 ILCS 2605/2605-340)  (was 20 ILCS 2605/55a in part)
5    Sec. 2605-340. Conviction information for private carrier
6company under Metropolitan Transit Authority Act. Upon the
7request of a private carrier company that provides
8transportation under Section 28b of the Metropolitan Transit
9Authority Act, to ascertain whether an applicant for a driver
10position has been convicted of any criminal or drug offense
11enumerated in that Section. The Illinois State Police
12Department shall furnish the conviction information to the
13private carrier company that requested the information.
14(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
15eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
1690-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
17    (20 ILCS 2605/2605-345)
18    Sec. 2605-345. Conviction information for financial
19institutions. Upon the request of (i) an insured depository
20institution, as defined by the Federal Deposit Insurance
21Corporation Act, (ii) a depository institution holding
22company, as defined by the Federal Deposit Insurance
23Corporation Act, (iii) a foreign banking corporation, as
24defined by the Foreign Banking Office Act, (iv) a corporate

 

 

SB2037- 258 -LRB102 17120 WGH 22551 b

1fiduciary, as defined by the Corporate Fiduciary Act, (v) a
2credit union, as defined in the Illinois Credit Union Act, or
3(vi) a subsidiary of any entity listed in items (i) through (v)
4of this Section (each such entity or subsidiary hereinafter
5referred to as a "requesting institution"), to ascertain
6whether any employee of the requesting institution, applicant
7for employment by the requesting institution, or officer,
8director, agent, institution-affiliated party, or any other
9party who owns or controls, directly or indirectly, or
10participates, directly or indirectly, in the affairs of the
11requesting institution, has been convicted of a felony or of
12any criminal offense relating to dishonesty, breach of trust,
13or money laundering, the Illinois State Police Department
14shall furnish the conviction information to the requesting
15institution.
16(Source: P.A. 97-1120, eff. 1-1-13.)
 
17    (20 ILCS 2605/2605-355)  (was 20 ILCS 2605/55a in part)
18    Sec. 2605-355. Delinquent minors; statewide central
19juvenile records system. To develop a separate statewide
20central juvenile records system for persons arrested prior to
21the age of 17 under Section 5-401 of the Juvenile Court Act of
221987 or adjudicated delinquent minors and to make information
23available to local law enforcement officers so that law
24enforcement officers will be able to obtain rapid access to
25the background of the minor from other jurisdictions to the

 

 

SB2037- 259 -LRB102 17120 WGH 22551 b

1end that the juvenile police officers can make appropriate
2decisions that will best serve the interest of the child and
3the community. The Illinois State Police Department shall
4submit a quarterly report to the General Assembly and
5Governor. The report shall contain the number of juvenile
6records that the Illinois State Police Department has received
7in that quarter and a list, by category, of offenses that
8minors were arrested for or convicted of by age, race, and
9gender.
10(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
11eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
1290-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
13    (20 ILCS 2605/2605-375)  (was 20 ILCS 2605/55a in part)
14    Sec. 2605-375. Missing persons; Law Enforcement Agencies
15Data System (LEADS).
16    (a) To utilize the establish and maintain a statewide Law
17Enforcement Agencies Data System (LEADS) for the purpose of
18providing electronic access by authorized entities to criminal
19justice data repositories and effecting an immediate law
20enforcement response to reports of missing persons, including
21lost, missing or runaway minors, lost or missing individuals
22with developmental or intellectual disabilities, and missing
23endangered seniors. The Illinois State Police Department shall
24implement an automatic data exchange system to compile, to
25maintain, and to make available to other law enforcement

 

 

SB2037- 260 -LRB102 17120 WGH 22551 b

1agencies for immediate dissemination data that can assist
2appropriate agencies in recovering missing persons and provide
3access by authorized entities to various data repositories
4available through LEADS for criminal justice and related
5purposes. To assist the Illinois State Police Department in
6this effort, funds may be appropriated from the LEADS
7Maintenance Fund. Funds may be appropriated from the LEADS
8Maintenance Fund to the Illinois State Police Department to
9finance any of its lawful purposes or functions in relation to
10defraying the expenses associated with establishing,
11maintaining, and supporting the issuance of electronic
12citations.
13    (b) In exercising its duties under this Section, the
14Illinois State Police Department shall provide a uniform
15reporting format (LEADS) for the entry of pertinent
16information regarding the report of a missing person into
17LEADS. The report must include all of the following:
18        (1) Relevant information obtained from the
19    notification concerning the missing person, including all
20    of the following:
21            (A) a physical description of the missing person;
22            (B) the date, time, and place that the missing
23        person was last seen; and
24            (C) the missing person's address.
25        (2) Information gathered by a preliminary
26    investigation, if one was made.

 

 

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1        (3) A statement by the law enforcement officer in
2    charge stating the officer's assessment of the case based
3    on the evidence and information received.
4    (b-5) The Illinois Department of State Police shall:
5        (1) Develop and implement a policy whereby a statewide
6    or regional alert would be used in situations relating to
7    the disappearances of individuals, based on criteria and
8    in a format established by the Illinois State Police
9    Department. Such a format shall include, but not be
10    limited to, the age of the missing person and the
11    suspected circumstance of the disappearance.
12        (2) Notify all law enforcement agencies that reports
13    of missing persons shall be entered as soon as the minimum
14    level of data specified by the Illinois State Police
15    Department is available to the reporting agency and that
16    no waiting period for the entry of the data exists.
17        (3) Compile and retain information regarding lost,
18    abducted, missing, or runaway minors in a separate data
19    file, in a manner that allows that information to be used
20    by law enforcement and other agencies deemed appropriate
21    by the Director, for investigative purposes. The
22    information shall include the disposition of all reported
23    lost, abducted, missing, or runaway minor cases.
24        (4) Compile and maintain an historic data repository
25    relating to lost, abducted, missing, or runaway minors and
26    other missing persons, including, but not limited to, lost

 

 

SB2037- 262 -LRB102 17120 WGH 22551 b

1    or missing individuals with developmental or intellectual
2    disabilities and missing endangered seniors, in order to
3    develop and improve techniques utilized by law enforcement
4    agencies when responding to reports of missing persons.
5        (5) Create a quality control program regarding
6    confirmation of missing person data, timeliness of entries
7    of missing person reports into LEADS, and performance
8    audits of all entering agencies.
9    (c) The Illinois Law Enforcement Training Standards Board
10shall conduct a training program for law enforcement personnel
11of local governmental agencies in the Missing Persons
12Identification Act.
13    (d) The Illinois Department of State Police shall perform
14the duties prescribed in the Missing Persons Identification
15Act, subject to appropriation.
16(Source: P.A. 100-662, eff. 1-1-19.)
 
17    (20 ILCS 2605/2605-377)  (was 20 ILCS 2605/55a in part)
18    Sec. 2605-377. Department of Healthcare and Family
19Services; LEADS access.
20    (a) The Department of Healthcare and Family Services is an
21authorized entity under this Law for the purpose of exchanging
22information, in the form and manner required by the Illinois
23Department of State Police, to facilitate the location of
24individuals for establishing paternity, and establishing,
25modifying, and enforcing child support obligations, pursuant

 

 

SB2037- 263 -LRB102 17120 WGH 22551 b

1to the Illinois Public Aid Code and Title IV, Part D of the
2Social Security Act.
3    (b) The Department of Healthcare and Family Services is an
4authorized entity under this Section for the purpose of
5obtaining access to various data repositories available
6through LEADS, to facilitate the location of individuals for
7establishing paternity, and establishing, modifying, and
8enforcing child support obligations, pursuant to the Illinois
9Public Aid Code and Title IV, Part D of the Social Security
10Act. The Illinois State Police Department shall enter into an
11agreement with the Department of Healthcare and Family
12Services consistent with these purposes.
13(Source: P.A. 95-331, eff. 8-21-07.)
 
14    (20 ILCS 2605/2605-378)
15    Sec. 2605-378. I-CLEAR. The Illinois Department of State
16Police shall provide for the entry into the Illinois Citizens
17and Law Enforcement Analysis and Reporting System (I-CLEAR) of
18the names and addresses of arsonists as defined in the
19Arsonist Registration Act who are required to register under
20that Act. The information shall be immediately accessible to
21law enforcement agencies and peace officers of this State or
22any other state or of the federal government. Similar
23information may be requested from any other state or of the
24federal government for the purposes of that Act.
25(Source: P.A. 93-949, eff. 1-1-05.)
 

 

 

SB2037- 264 -LRB102 17120 WGH 22551 b

1    (20 ILCS 2605/2605-380)  (was 20 ILCS 2605/55a-8)
2    Sec. 2605-380. Dental records. The Illinois State Police
3Department shall do the following:
4        (1) Coordinate State participation in a national
5    central repository for dental records of missing persons
6    and unidentified dead bodies.
7        (2) Receive and file dental records submitted by
8    county medical examiners and coroners from unidentified
9    dead bodies and submitted by law enforcement agencies from
10    persons reported missing for more than 30 days.
11        (3) Provide information from the file on possible
12    identifications resulting from the comparison of dental
13    records submitted with those records on file, to county
14    medical examiners, coroners, and law enforcement agencies.
15        (4) Expunge the dental records of those missing
16    persons who are found, and expunge from the file the
17    dental records of missing persons who are positively
18    identified as a result of comparisons made with this file
19    or the files maintained by other states, territories,
20    insular possessions of the United States, or the United
21    States.
22(Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
 
23    (20 ILCS 2605/2605-400)  (was 20 ILCS 2605/55a in part)
24    Sec. 2605-400. Fees; State Police Services Fund; audit.

 

 

SB2037- 265 -LRB102 17120 WGH 22551 b

1    (a) To charge, collect, and receive fees or moneys
2equivalent to the cost of providing Illinois State Police
3Department personnel, equipment, and services to local
4governmental agencies when explicitly requested by a local
5governmental agency and pursuant to an intergovernmental
6agreement as provided by this Law, other State agencies, and
7federal agencies, including but not limited to fees or moneys
8equivalent to the cost of providing dispatching services,
9radio and radar repair, and training to local governmental
10agencies on terms and conditions that in the judgment of the
11Director are in the best interest of the State; and to
12establish, charge, collect, and receive fees or moneys based
13on the cost of providing responses to requests for criminal
14history record information pursuant to positive identification
15and any Illinois or federal law authorizing access to some
16aspect of that information and to prescribe the form and
17manner for requesting and furnishing the information to the
18requestor on terms and conditions that in the judgment of the
19Director are in the best interest of the State, provided fees
20for requesting and furnishing criminal history record
21information may be waived for requests in the due
22administration of the criminal laws. The Illinois State Police
23Department may also charge, collect, and receive fees or
24moneys equivalent to the cost of providing electronic data
25processing lines or related telecommunication services to
26local governments, but only when those services can be

 

 

SB2037- 266 -LRB102 17120 WGH 22551 b

1provided by the Illinois State Police Department at a cost
2less than that experienced by those local governments through
3other means. All services provided by the Illinois State
4Police Department shall be conducted pursuant to contracts in
5accordance with the Intergovernmental Cooperation Act, and all
6telecommunication services shall be provided pursuant to the
7provisions of Section 405-270 of the Department of Central
8Management Services Law (20 ILCS 405/405-270).
9    (b) All fees received by the Illinois State Police
10Department under the Civil Administrative Code of Illinois or
11the Illinois Uniform Conviction Information Act shall be
12deposited in a special fund in the State treasury to be known
13as the State Police Services Fund. The money deposited in the
14State Police Services Fund shall be appropriated to the
15Illinois State Police Department for expenses of the Illinois
16State Police Department.
17    (c) Upon the completion of any audit of the Illinois State
18Police Department as prescribed by the Illinois State Auditing
19Act, which audit includes an audit of the State Police
20Services Fund, the Illinois State Police Department shall make
21the audit open to inspection by any interested person.
22(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
23eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
2490-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
25    (20 ILCS 2605/2605-405)  (was 20 ILCS 2605/55a in part)

 

 

SB2037- 267 -LRB102 17120 WGH 22551 b

1    Sec. 2605-405. Applying for grants or contracts; moneys
2from other entities. To apply for grants or contracts and
3receive, expend, allocate, or disburse funds and moneys made
4available by public or private entities, including, but not
5limited to, contracts, bequests, grants, or receiving
6equipment from corporations, foundations, or public or private
7institutions of higher learning. All funds received by the
8Illinois State Police Department from these sources shall be
9deposited into the appropriate fund in the State treasury to
10be appropriated to the Illinois State Police Department for
11purposes as indicated by the grantor or contractor or, in the
12case of funds or moneys bequeathed or granted for no specific
13purpose, for any purpose deemed appropriate by the Director in
14administering the responsibilities of the Illinois State
15Police Department.
16(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
17eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
1890-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
19    (20 ILCS 2605/2605-407)
20    Sec. 2605-407. Illinois State Police Federal Projects
21Fund. The Illinois State Police Federal Projects Fund is
22established as a federal trust fund in the State treasury.
23This federal Trust Fund is established to receive funds
24awarded to the Illinois Department of State Police from the
25following: (i) all federal departments and agencies for the

 

 

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1specific purposes established by the terms and conditions of
2the federal awards and (ii) federal pass-through grants from
3State departments and agencies for the specific purposes
4established by the terms and conditions of the grant
5agreements. Any interest earnings that are attributable to
6moneys in the federal trust fund must be deposited into the
7Fund.
8(Source: P.A. 97-116, eff. 1-1-12; 97-826, eff. 7-18-12.)
 
9    (20 ILCS 2605/2605-410)
10    Sec. 2605-410. Over Dimensional Load Police Escort Fund.
11To charge, collect, and receive fees or moneys as described in
12Section 15-312 of the Illinois Vehicle Code. All fees received
13by the Illinois State Police under Section 15-312 of the
14Illinois Vehicle Code shall be deposited into the Over
15Dimensional Load Police Escort Fund, a special fund that is
16created in the State treasury. Subject to appropriation, the
17money in the Over Dimensional Load Police Escort Fund shall be
18used by the Illinois State Police Department for its expenses
19in providing police escorts and commercial vehicle enforcement
20activities.
21(Source: P.A. 95-787, eff. 1-1-09.)
 
22    (20 ILCS 2605/2605-420)  (was 20 ILCS 2605/55a in part)
23    Sec. 2605-420. Assisting victims and witnesses of gang
24crime. To assist victims and witnesses in gang crime

 

 

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1prosecutions through the administration of funds appropriated
2from the Gang Violence Victims and Witnesses Fund to the
3Illinois State Police Department. Those funds shall be
4appropriated to the Illinois State Police Department and shall
5only be used to assist victims and witnesses in gang crime
6prosecutions. The assistance may include any of the following:
7        (1) Temporary living costs.
8        (2) Moving expenses.
9        (3) Closing costs on the sale of a private residence.
10        (4) First month's rent.
11        (5) Security deposits.
12        (6) Apartment location assistance.
13        (7) Other expenses that the Illinois State Police
14    Department considers appropriate.
15        (8) Compensation for any loss of or injury to real or
16    personal property resulting from a gang crime to a maximum
17    of $5,000, subject to the following provisions:
18            (A) In the case of loss of property, the amount of
19        compensation shall be measured by the replacement cost
20        of similar or like property that has been incurred by
21        and that is substantiated by the property owner.
22            (B) In the case of injury to property, the amount
23        of compensation shall be measured by the cost of
24        repair incurred and that can be substantiated by the
25        property owner.
26            (C) Compensation under this provision is a

 

 

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1        secondary source of compensation and shall be reduced
2        by any amount the property owner receives from any
3        other source as compensation for the loss or injury,
4        including, but not limited to, personal insurance
5        coverage.
6            (D) No compensation may be awarded if the property
7        owner was an offender or an accomplice of the offender
8        or if the award would unjustly benefit the offender or
9        offenders or an accomplice of the offender or
10        offenders.
11    No victim or witness may receive assistance under this
12Section if he or she is not a part of or fails to fully
13cooperate in the prosecution of gang crime members by law
14enforcement authorities.
15    The Illinois State Police Department shall promulgate any
16rules necessary for the implementation of this amendatory Act
17of 1985.
18(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
19eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
2090-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
21    (20 ILCS 2605/2605-475)  (was 20 ILCS 2605/55a in part)
22    Sec. 2605-475.Emergency Telephone System Act. The Illinois
23State Police Department and Statewide 9-1-1 Administrator
24shall exercise the powers and perform the duties specifically
25assigned to each under the Emergency Telephone System Act.

 

 

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1Nothing in the Emergency Telephone System Act shall require
2the Illinois Department of State Police to provide wireless
3enhanced 9-1-1 services.
4(Source: P.A. 100-20, eff. 7-1-17.)
 
5    (20 ILCS 2605/2605-480)
6    Sec. 2605-480. Statewide kidnapping alert and prevention
7program; Child Safety Coordinator.
8    (a) The Illinois Department of State Police shall develop
9a coordinated program for a statewide emergency alert system
10when a child is missing or kidnapped. The system shall
11include, but is not limited to, the use in coordination with
12the Illinois Department of Transportation, of electronic
13message signs on roads and highways in the vicinity of a child
14abduction to immediately provide critical information to the
15public.
16    (b) The Illinois Department of State Police shall
17establish an AMBER Plan Task Force to monitor and review the
18implementation and operation of the system developed under
19subsection (a), including procedures, budgetary requirements,
20and response protocols. The Task Force shall also develop
21additional network resources for use in the system.
22    (c) The Illinois Department of State Police, in
23coordination with the Illinois Emergency Management Agency,
24shall develop and implement a community outreach program to
25promote awareness among the State's parents and children of

 

 

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1child abduction prevention and response.
2    (d) The Illinois Department of State Police, in
3coordination with the State Board of Education, shall develop
4child abduction prevention instruction for inclusion in
5elementary and secondary school curricula throughout the
6State. The Illinois State Police Department and State Board of
7Education shall encourage the inclusion of the child abduction
8prevention instruction in private elementary and secondary
9school curricula throughout the State.
10    (e) The Illinois State Police Department shall appoint a
11Child Safety Coordinator to assist in the establishment of
12State standards for child safety from kidnap and abduction and
13to advocate for the achievement of those standards. The Child
14Safety Coordinator shall have the qualifications and
15experience that the Illinois State Police Department shall
16require by rule. The Child Safety Coordinator shall receive no
17compensation but shall be reimbursed for his or her expenses
18from the Illinois State Police's Department's operations
19budget. No funds shall be appropriated solely for the expenses
20of the Child Safety Coordinator. The Illinois State Police
21Department shall provide technical assistance for the Child
22Safety Coordinator from its existing resources.
23(Source: P.A. 92-259, eff. 1-1-02; 92-468, eff. 8-22-01;
2493-310, eff. 7-23-03.)
 
25    (20 ILCS 2605/2605-485)

 

 

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1    Sec. 2605-485. Endangered Missing Person Advisory.
2    (a) A coordinated program known as the Endangered Missing
3Person Advisory is established within the Illinois Department
4of State Police. The purpose of the Endangered Missing Person
5Advisory is to provide a regional system for the rapid
6dissemination of information regarding a missing person who is
7believed to be a high-risk missing person as defined in
8Section 10 of the Missing Persons Identification Act.
9    (b) The AMBER Plan Task Force, established under Section
102605-480 of this the Department of State Police Law, shall
11serve as the task force for the Endangered Missing Person
12Advisory. The AMBER Plan Task Force shall monitor and review
13the implementation and operation of the regional system
14developed under subsection (a), including procedures,
15budgetary requirements, and response protocols. The AMBER Plan
16Task Force shall also develop additional network resources for
17use in the system.
18    (c) The Illinois Department of State Police, in
19coordination with the Illinois Department on Aging, shall
20develop and implement a community outreach program to promote
21awareness among the State's healthcare facilities, nursing
22homes, assisted living facilities, and other senior centers.
23The guidelines and procedures shall ensure that specific
24health information about the missing person is not made public
25through the alert or otherwise.
26    (c-5) Subject to appropriation, the Illinois Department of

 

 

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1State Police, in coordination with the Illinois Department of
2Human Services, shall develop and implement a community
3outreach program to promote awareness of the Endangered
4Missing Person Advisory among applicable entities, including,
5but not limited to, developmental disability facilities as
6defined in Section 1-107 of the Mental Health and
7Developmental Disabilities Code. The guidelines and procedures
8shall ensure that specific health information about the
9missing person is not made public through the alert or
10otherwise.
11    (d) The Child Safety Coordinator, created under Section
122605-480 of this the Department of State Police Law, shall act
13in the dual capacity of Child Safety Coordinator and
14Endangered Missing Person Coordinator. The Coordinator shall
15assist in the establishment of State standards and monitor the
16availability of federal funding that may become available to
17further the objectives of the Endangered Missing Person
18Advisory. The Illinois State Police Department shall provide
19technical assistance for the Coordinator from its existing
20resources.
21    (e)(1) The Illinois Department of State Police, in
22cooperation with the Silver Search Task Force, shall develop
23as part of the Endangered Missing Person Advisory a
24coordinated statewide awareness program and toolkit to be used
25when a person 21 years of age or older who is believed to have
26Alzheimer's disease, other related dementia, or other

 

 

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1dementia-like cognitive impairment is reported missing, which
2shall be referred to as Silver Search.
3    (2) The Illinois State Police Department shall complete
4development and deployment of the Silver Search Awareness
5Program and toolkit on or before July 1, 2017.
6    (3) The Illinois Department of State Police shall
7establish a Silver Search Task Force within 90 days after the
8effective date of this amendatory Act of the 99th General
9Assembly to assist the Illinois State Police Department in
10development and deployment of the Silver Search Awareness
11Program and toolkit. The Task Force shall establish the
12criteria and create a toolkit, which may include usage of
13Department of Transportation signs, under Section 2705-505.6
14of the Department of Transportation Law of the Civil
15Administrative Code of Illinois. The Task Force shall monitor
16and review the implementation and operation of that program,
17including procedures, budgetary requirements, standards, and
18minimum requirements for the training of law enforcement
19personnel on how to interact appropriately and effectively
20with individuals that suffer from Alzheimer's disease, other
21dementia, or other dementia-like cognitive impairment. The
22Task Force shall also develop additional network and financial
23resources for use in the system. The Task Force shall include,
24but is not limited to, one representative from each of the
25following:
26        (A) the Illinois Department of State Police;

 

 

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1        (B) the Department on Aging;
2        (C) the Department of Public Health;
3        (D) the Illinois Law Enforcement Training Standards
4    Board;
5        (E) the Illinois Emergency Management Agency;
6        (F) the Secretary of State;
7        (G) the Department of Transportation;
8        (H) the Department of the Lottery;
9        (I) the Illinois Toll Highway Authority;
10        (J) a State association dedicated to Alzheimer's care,
11    support, and research;
12        (K) a State association dedicated to improving quality
13    of life for persons age 50 and over;
14        (L) a State group of area agencies involved in
15    planning and coordinating services and programs for older
16    persons in their respective areas;
17        (M) a State organization dedicated to enhancing
18    communication and cooperation between sheriffs;
19        (N) a State association of police chiefs and other
20    leaders of police and public safety organizations;
21        (O) a State association representing Illinois
22    publishers;
23        (P) a State association that advocates for the
24    broadcast industry;
25        (Q) a member of a large wireless telephone carrier;
26    and

 

 

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1        (R) a member of a small wireless telephone carrier.
2    The members of the Task Force designated in subparagraphs
3(A) through (I) of this paragraph (3) shall be appointed by the
4head of the respective agency. The members of the Task Force
5designated in subparagraphs (J) through (R) of this paragraph
6(3) shall be appointed by the Director of the Illinois State
7Police. The Director of the Illinois State Police or his or her
8designee shall serve as Chair of the Task Force.
9    The Task Force shall meet at least twice a year and shall
10provide a report on the operations of the Silver Search
11Program to the General Assembly and the Governor each year by
12June 30.
13    (4) Subject to appropriation, the Illinois Department of
14State Police, in coordination with the Department on Aging and
15the Silver Search Task Force, shall develop and implement a
16community outreach program to promote awareness of the Silver
17Search Program as part of the Endangered Missing Person
18Advisory among law enforcement agencies, the State's
19healthcare facilities, nursing homes, assisted living
20facilities, other senior centers, and the general population
21on or before January 1, 2017.
22    (5) The Child Safety Coordinator, created under Section
232605-480 of this the Department of State Police Law of the
24Civil Administrative Code of Illinois, shall act in the
25capacity of Child Safety Coordinator, Endangered Missing
26Person Coordinator, and Silver Search Program Coordinator. The

 

 

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1Coordinator, in conjunction with the members of the Task
2Force, shall assist the Illinois State Police Department and
3the Silver Search Task Force in the establishment of State
4standards and monitor the availability of federal and private
5funding that may become available to further the objectives of
6the Endangered Missing Person Advisory and Silver Search
7Awareness Program. The Illinois State Police Department shall
8provide technical assistance for the Coordinator from its
9existing resources.
10    (6) The Illinois Department of State Police shall provide
11administrative and other support to the Task Force.
12(Source: P.A. 99-322, eff. 1-1-16; 100-662, eff. 1-1-19.)
 
13    (20 ILCS 2605/2605-505)  (was 20 ILCS 2605/55b)
14    Sec. 2605-505. Local citizens radio groups. The Illinois
15State Police Department is authorized to use local citizens
16radio groups in connection with its communication duties under
17the Civil Administrative Code of Illinois and to coordinate
18those local citizens radio groups with the functions of local
19law enforcement agencies as the Illinois State Police
20Department deems advisable. With the approval of the Illinois
21State Police Department, those local citizens radio groups
22shall be eligible for law enforcement grants.
23(Source: P.A. 91-239, eff. 1-1-00.)
 
24    (20 ILCS 2605/2605-550)  (was 20 ILCS 2605/55a in part)

 

 

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1    Sec. 2605-550. Transfer of realty to State agency;
2acquisition of federal land. To transfer jurisdiction of any
3realty title to which is held by the State of Illinois under
4the control of the Illinois State Police Department to any
5other department of the State government or to the State
6Employees Housing Commission or to acquire or accept federal
7land when the transfer, acquisition, or acceptance is
8advantageous to the State and is approved in writing by the
9Governor.
10(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
11eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
1290-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
13    (20 ILCS 2605/2605-575)
14    Sec. 2605-575. Children's fingerprints. With the written
15permission of the child's parent or guardian, the Illinois
16State Police Department may retain the fingerprint record of a
17child fingerprinted by the Illinois State Police Department at
18any location of collection, such as a State fair, county fair,
19or other place the Illinois State Police Department collects
20such data. The record may be retained and used only if the
21child is later missing or abducted, if an Amber Alert is issued
22for that child, or if a missing person report is filed for that
23child with one or more local law enforcement agencies, and for
24no other purpose. After the child reaches the age of 18, the
25record must be destroyed unless the Illinois State Police

 

 

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1Department, within a reasonable period after the fingerprinted
2person's 18th birthday, obtains the permission of the
3fingerprinted person to retain the fingerprint record.
4(Source: P.A. 94-481, eff. 1-1-06.)
 
5    (20 ILCS 2605/2605-585)
6    Sec. 2605-585. Money Laundering Asset Recovery Fund.
7Moneys and the sale proceeds distributed to the Illinois
8Department of State Police under paragraph (3) of Section
929B-26 of the Criminal Code of 2012 shall be deposited in a
10special fund in the State treasury to be known as the Money
11Laundering Asset Recovery Fund. The moneys deposited in the
12Money Laundering Asset Recovery Fund shall be appropriated to
13and administered by the Illinois Department of State Police
14for State law enforcement purposes.
15(Source: P.A. 100-699, eff. 8-3-18.)
 
16    (20 ILCS 2605/2605-590)
17    Sec. 2605-590. Drug Traffic Prevention Fund. Moneys
18deposited into the Drug Traffic Prevention Fund pursuant to
19subsection (e) of Section 5-9-1.1 and subsection (c) of
20Section 5-9-1.1-5 of the Unified Code of Corrections shall be
21appropriated to and administered by the Illinois Department of
22State Police for funding of drug task forces and Metropolitan
23Enforcement Groups in accordance with the Intergovernmental
24Drug Laws Enforcement Act.

 

 

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1(Source: P.A. 98-463, eff. 8-16-13.)
 
2    (20 ILCS 2605/2605-595)
3    Sec. 2605-595. State Police Firearm Services Fund.
4    (a) There is created in the State treasury a special fund
5known as the State Police Firearm Services Fund. The Fund
6shall receive revenue under the Firearm Concealed Carry Act
7and Section 5 of the Firearm Owners Identification Card Act.
8The Fund may also receive revenue from grants, pass-through
9grants, donations, appropriations, and any other legal source.
10    (b) The Illinois Department of State Police may use moneys
11in the Fund to finance any of its lawful purposes, mandates,
12functions, and duties under the Firearm Owners Identification
13Card Act and the Firearm Concealed Carry Act, including the
14cost of sending notices of expiration of Firearm Owner's
15Identification Cards, concealed carry licenses, the prompt and
16efficient processing of applications under the Firearm Owners
17Identification Card Act and the Firearm Concealed Carry Act,
18the improved efficiency and reporting of the LEADS and federal
19NICS law enforcement data systems, and support for
20investigations required under these Acts and law. Any surplus
21funds beyond what is needed to comply with the aforementioned
22purposes shall be used by the Illinois State Police Department
23to improve the Law Enforcement Agencies Data System (LEADS)
24and criminal history background check system.
25    (c) Investment income that is attributable to the

 

 

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1investment of moneys in the Fund shall be retained in the Fund
2for the uses specified in this Section.
3(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
4    (20 ILCS 2605/2605-600)
5    Sec. 2605-600. Crimes Against Police Officers Advisory.
6    (a) For purposes of this Section:
7        "Attempt" has the meaning ascribed to that term in
8    Section 8-4 of the Criminal Code of 2012.
9        "Concealment of homicidal death" has the meaning
10    ascribed to that term in Section 9-3.4 of the Criminal
11    Code of 2012.
12        "First degree murder" has the meaning ascribed to that
13    term in Section 9-1 of the Criminal Code of 2012.
14        "Involuntary manslaughter" and "reckless homicide"
15    have the meanings ascribed to those terms in Section 9-3
16    of the Criminal Code of 2012.
17        "Second degree murder" has the meaning ascribed to
18    that term in Section 9-2 of the Criminal Code of 2012.
19    (b) A coordinated program known as the Crimes Against
20Police Officers Advisory is established within the Illinois
21Department of State Police. The purpose of the Crimes Against
22Police Officers Advisory is to provide a regional system for
23the rapid dissemination of information regarding a person who
24is suspected of committing or attempting to commit any of the
25offenses described in subsection (c).

 

 

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1    (c) The Illinois Department of State Police shall develop
2an advisory to assist law enforcement agencies when the
3commission or attempted commission of the following offenses
4against a peace officer occur:
5        (1) first degree murder;
6        (2) second degree murder;
7        (3) involuntary manslaughter;
8        (4) reckless homicide; and
9        (5) concealment of homicidal death.
10    (d) Law enforcement agencies participating in the advisory
11may request assistance when:
12        (1) the agency believes that a suspect has not been
13    apprehended;
14        (2) the agency believes that the suspect may be a
15    serious threat to the public; and
16        (3) sufficient information is available to disseminate
17    to the public that could assist in locating the suspect.
18    (e) The Illinois Department of State Police shall reserve
19the authority to determine if dissemination of the information
20will pose a significant risk to the public or jeopardize the
21investigation.
22    (f) The Illinois Department of State Police may partner
23with media and may request a media broadcast concerning
24details of the suspect in order to obtain the public's
25assistance in locating the suspect or vehicle used in the
26offense, or both.

 

 

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1(Source: P.A. 98-263, eff. 1-1-14; 98-756, eff. 7-16-14.)
 
2    (20 ILCS 2605/2605-605)
3    Sec. 2605-605. Violent Crime Intelligence Task Force. The
4Director of the Illinois State Police may establish a
5statewide multi-jurisdictional Violent Crime Intelligence Task
6Force led by the Illinois Department of State Police dedicated
7to combating gun violence, gun-trafficking, and other violent
8crime with the primary mission of preservation of life and
9reducing the occurrence and the fear of crime. The objectives
10of the Task Force shall include, but not be limited to,
11reducing and preventing illegal possession and use of
12firearms, firearm-related homicides, and other violent crimes.
13    (1) The Task Force may develop and acquire information,
14training, tools, and resources necessary to implement a
15data-driven approach to policing, with an emphasis on
16intelligence development.
17    (2) The Task Force may utilize information sharing,
18partnerships, crime analysis, and evidence-based practices to
19assist in the reduction of firearm-related shootings,
20homicides, and gun-trafficking.
21    (3) The Task Force may recognize and utilize best
22practices of community policing and may develop potential
23partnerships with faith-based and community organizations to
24achieve its goals.
25    (4) The Task Force may identify and utilize best practices

 

 

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1in drug-diversion programs and other community-based services
2to redirect low-level offenders.
3    (5) The Task Force may assist in violence suppression
4strategies including, but not limited to, details in
5identified locations that have shown to be the most prone to
6gun violence and violent crime, focused deterrence against
7violent gangs and groups considered responsible for the
8violence in communities, and other intelligence driven methods
9deemed necessary to interrupt cycles of violence or prevent
10retaliation.
11    (6) In consultation with the Chief Procurement Officer,
12the Illinois Department of State Police may obtain contracts
13for software, commodities, resources, and equipment to assist
14the Task Force with achieving this Act. Any contracts
15necessary to support the delivery of necessary software,
16commodities, resources, and equipment are not subject to the
17Illinois Procurement Code, except for Sections 20-60, 20-65,
1820-70, and 20-160 and Article 50 of that Code, provided that
19the Chief Procurement Officer may, in writing with
20justification, waive any certification required under Article
2150 of the Illinois Procurement Code.
22(Source: P.A. 100-3, eff. 1-1-18.)
 
23    (20 ILCS 2605/2605-610)
24    Sec. 2605-610. Possession of a Firearm Owner's
25Identification Card. The Illinois State Police Department

 

 

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1shall not make possession of a Firearm Owner's Identification
2Card a condition of continued employment if the State Police
3officer's Firearm Owner's Identification Card is revoked or
4seized because the State Police officer has been a patient of a
5mental health facility and the State Police officer has not
6been determined to pose a clear and present danger to himself,
7herself, or others as determined by a physician, clinical
8psychologist, or qualified examiner. Nothing is this Section
9shall otherwise impair an employer's ability to determine a
10State Police officer's fitness for duty. A collective
11bargaining agreement already in effect on this issue on the
12effective date of this amendatory Act of the 101st General
13Assembly cannot be modified, but on or after the effective
14date of this amendatory Act of the 101st General Assembly, the
15employer cannot require a Firearm Owner's Identification Card
16as a condition of continued employment in a collective
17bargaining agreement. The employer shall document if and why a
18State Police officer has been determined to pose a clear and
19present danger.
20(Source: P.A. 101-375, eff. 8-16-19.)
 
21    (20 ILCS 2605/2605-85 rep.)
22    (20 ILCS 2605/2605-90 rep.)
23    (20 ILCS 2605/2605-95 rep.)
24    (20 ILCS 2605/2605-96 rep.)
25    (20 ILCS 2605/2605-97 rep.)

 

 

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1    (20 ILCS 2605/2605-98 rep.)
2    (20 ILCS 2605/2605-99 rep.)
3    (20 ILCS 2605/2605-100 rep.)
4    (20 ILCS 2605/2605-105 rep.)
5    (20 ILCS 2605/2605-110 rep.)
6    (20 ILCS 2605/2605-115 rep.)
7    (20 ILCS 2605/2605-120 rep.)
8    (20 ILCS 2605/2605-130 rep.)
9    (20 ILCS 2605/2605-135 rep.)
10    (20 ILCS 2605/2605-140 rep.)
11    (20 ILCS 2605/2605-300 rep.)
12    (20 ILCS 2605/2605-390 rep.)
13    (20 ILCS 2605/2605-500 rep.)
14    Section 197. The Department of State Police Law of the
15Civil Administrative Code of Illinois is amended by repealing
16Sections 2605-85, 2605-90, 2605-95, 2605-96, 2605-97, 2605-98,
172605-99, 2605-100, 2605-105, 2605-110, 2605-115, 2605-120,
182605-130, 2605-135, 2605-140, 2605-300, 2605-390, and
192605-500.
 
20    Section 200. The State Police Act is amended by changing
21the title of the Act and Sections 0.01, 1, 2, 3, 8, 9, 10,
2212.2, 12.5, 13, 14, 16, 17b, 18, 20, 21, 22, 24, 30, 35, 38,
2340, and 45 as follows:
 
24    (20 ILCS 2610/Act title)

 

 

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1An Act in relation to the Illinois Department of State
2Police.
 
3    (20 ILCS 2610/0.01)  (from Ch. 121, par. 307.01)
4    Sec. 0.01. Short title. This Act may be cited as the
5Illinois State Police Act.
6(Source: P.A. 86-1324.)
 
7    (20 ILCS 2610/1)  (from Ch. 121, par. 307.1)
8    Sec. 1. The Illinois Department of State Police,
9hereinafter called the Department, shall maintain divisions in
10accordance with Section 2605-25 of the Illinois Department of
11State Police Law (20 ILCS 2605/2605-25). The Illinois State
12Police Department, by the Director, shall appoint State
13policemen, also known as State Police Officers, as provided in
14this Act.
15(Source: P.A. 91-239, eff. 1-1-00.)
 
16    (20 ILCS 2610/2)  (from Ch. 121, par. 307.2)
17    Sec. 2. The Director shall be responsible for the
18management and control of the Illinois State Police
19Department. The Director shall make and adopt rules and
20regulations for the direction, control, discipline and conduct
21of the members of the Illinois State Police Department and
22such other rules for the government and operation of the
23Illinois State Police Department as he may deem necessary. He

 

 

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1shall also designate the authority and responsibility within
2the limits of this Act for each rank of State policemen in the
3Illinois State Police Department.
4(Source: P.A. 85-1042.)
 
5    (20 ILCS 2610/3)  (from Ch. 121, par. 307.3)
6    Sec. 3. The Governor shall appoint, by and with the advice
7and consent of the Senate, an Illinois a Department of State
8Police Merit Board, hereinafter called the Board, consisting
9of 5 members to hold office, one until the third Monday in
10March, 1951, one until the third Monday in March, 1953, and one
11until the third Monday in March, 1955, and until their
12respective successors are appointed and qualified. One of the
13members added by this amendatory Act of 1977 shall serve a term
14expiring on the third Monday in March, 1980, and until his
15successor is appointed and qualified, and one shall serve a
16term expiring on the third Monday in March, 1982, and until his
17successor is appointed and qualified. Upon the expiration of
18the terms of office of those first appointed, their respective
19successors shall be appointed to hold office from the third
20Monday in March of the year of their respective appointments
21for a term of six years and until their successors are
22appointed and qualified for a like term. No more than 3 members
23of the Board shall be affiliated with the same political
24party. If the Senate is not in session at the time initial
25appointments are made pursuant to this section, the Governor

 

 

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1shall make temporary appointments as in the case of a vacancy.
2(Source: P.A. 87-284.)
 
3    (20 ILCS 2610/8)  (from Ch. 121, par. 307.8)
4    Sec. 8. The Board shall exercise jurisdiction over the
5certification for appointment and promotion, and over the
6discipline, removal, demotion and suspension of Illinois
7Department of State Police officers. Pursuant to recognized
8merit principles of public employment, the Board shall
9formulate, adopt, and put into effect rules, regulations and
10procedures for its operation and the transaction of its
11business. The Board shall establish a classification of ranks
12of persons subject to its jurisdiction and shall set standards
13and qualifications for each rank. Each Illinois Department of
14State Police officer appointed by the Director shall be
15classified as a State Police officer as follows: trooper,
16sergeant, master sergeant, lieutenant, captain, major, or
17Special Agent.
18(Source: P.A. 100-49, eff. 1-1-18.)
 
19    (20 ILCS 2610/9)  (from Ch. 121, par. 307.9)
20    Sec. 9. Appointment; qualifications.
21    (a) Except as otherwise provided in this Section, the
22appointment of Illinois Department of State Police officers
23shall be made from those applicants who have been certified by
24the Board as being qualified for appointment. All persons so

 

 

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1appointed shall, at the time of their appointment, be not less
2than 21 years of age, or 20 years of age and have successfully
3completed an associate's degree or 60 credit hours at an
4accredited college or university. Any person appointed
5subsequent to successful completion of an associate's degree
6or 60 credit hours at an accredited college or university
7shall not have power of arrest, nor shall he or she be
8permitted to carry firearms, until he or she reaches 21 years
9of age. In addition, all persons so certified for appointment
10shall be of sound mind and body, be of good moral character, be
11citizens of the United States, have no criminal records,
12possess such prerequisites of training, education, and
13experience as the Board may from time to time prescribe so long
14as persons who have an associate's degree or 60 credit hours at
15an accredited college or university are not disqualified, and
16shall be required to pass successfully such mental and
17physical tests and examinations as may be prescribed by the
18Board. All persons who meet one of the following requirements
19are deemed to have met the collegiate educational
20requirements:
21        (i) have been honorably discharged and who have been
22    awarded a Southwest Asia Service Medal, Kosovo Campaign
23    Medal, Korean Defense Service Medal, Afghanistan Campaign
24    Medal, Iraq Campaign Medal, or Global War on Terrorism
25    Expeditionary Medal by the United States Armed Forces;
26        (ii) are active members of the Illinois National Guard

 

 

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1    or a reserve component of the United States Armed Forces
2    and who have been awarded a Southwest Asia Service Medal,
3    Kosovo Campaign Medal, Korean Defense Service Medal,
4    Afghanistan Campaign Medal, Iraq Campaign Medal, or Global
5    War on Terrorism Expeditionary Medal as a result of
6    honorable service during deployment on active duty;
7        (iii) have been honorably discharged who served in a
8    combat mission by proof of hostile fire pay or imminent
9    danger pay during deployment on active duty; or
10        (iv) have at least 3 years of full active and
11    continuous military duty and received an honorable
12    discharge before hiring.
13    Preference shall be given in such appointments to persons
14who have honorably served in the military or naval services of
15the United States. All appointees shall serve a probationary
16period of 12 months from the date of appointment and during
17that period may be discharged at the will of the Director.
18However, the Director may in his or her sole discretion extend
19the probationary period of an officer up to an additional 6
20months when to do so is deemed in the best interest of the
21Illinois State Police Department. Nothing in this subsection
22(a) limits the Board's ability to prescribe education
23prerequisites or requirements to certify Illinois Department
24of State Police officers for promotion as provided in Section
2510 of this Act.
26    (b) Notwithstanding the other provisions of this Act,

 

 

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1after July 1, 1977 and before July 1, 1980, the Director of
2State Police may appoint and promote not more than 20 persons
3having special qualifications as special agents as he or she
4deems necessary to carry out the Department's objectives. Any
5such appointment or promotion shall be ratified by the Board.
6    (c) During the 90 days following the effective date of
7this amendatory Act of 1995, the Director of State Police may
8appoint up to 25 persons as State Police officers. These
9appointments shall be made in accordance with the requirements
10of this subsection (c) and any additional criteria that may be
11established by the Director, but are not subject to any other
12requirements of this Act. The Director may specify the initial
13rank for each person appointed under this subsection.
14    All appointments under this subsection (c) shall be made
15from personnel certified by the Board. A person certified by
16the Board and appointed by the Director under this subsection
17must have been employed by the Illinois Commerce Commission on
18November 30, 1994 in a job title subject to the Personnel Code
19and in a position for which the person was eligible to earn
20"eligible creditable service" as a "noncovered employee", as
21those terms are defined in Article 14 of the Illinois Pension
22Code.
23    Persons appointed under this subsection (c) shall
24thereafter be subject to the same requirements and procedures
25as other State police officers. A person appointed under this
26subsection must serve a probationary period of 12 months from

 

 

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1the date of appointment, during which he or she may be
2discharged at the will of the Director.
3    This subsection (c) does not affect or limit the
4Director's authority to appoint other State Police officers
5under subsection (a) of this Section.
6(Source: P.A. 100-11, eff. 7-1-17; 101-374, eff. 1-1-20.)
 
7    (20 ILCS 2610/10)  (from Ch. 121, par. 307.10)
8    Sec. 10. Except as provided in Section 9 of this Act,
9promotion of Illinois Department of State Police officers
10shall be made by the Director from those candidates who have
11been certified to him as being qualified for promotion. The
12Board shall make certifications for promotions on the basis of
13job performance measurement, seniority, education, or written
14or oral examinations. All vacancies in all ranks above the
15lowest shall be filled by promotion.
16(Source: P.A. 84-25.)
 
17    (20 ILCS 2610/12.2)
18    Sec. 12.2. Burial benefit for State police officers killed
19in the line of duty.
20    (a) The Illinois Department of State Police shall pay
21directly or reimburse, up to a maximum of $20,000, the burial
22expenses of each State police officer who is killed in the line
23of duty after June 30, 2018.
24    (b) The payments provided for in this Section shall be

 

 

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1paid out of moneys appropriated to the Illinois State Police
2Department for the personal services of State police officers.
3    (c) The Illinois Department of State Police shall adopt
4rules governing the administration of this Section.
5(Source: P.A. 101-28, eff. 1-1-20.)
 
6    (20 ILCS 2610/12.5)
7    Sec. 12.5. Zero tolerance drug policy. Any person employed
8by the Illinois Department of State Police who tests positive
9in accordance with established Illinois State Police
10Departmental drug testing procedures for any substance
11prohibited by the Illinois Controlled Substances Act or the
12Methamphetamine Control and Community Protection Act shall be
13discharged from employment. Any person employed by the
14Illinois Department of State Police who tests positive in
15accordance with established Illinois State Police Departmental
16drug testing procedures for any substance prohibited by the
17Cannabis Control Act may be discharged from employment.
18Refusal to submit to a drug test, ordered in accordance with
19Illinois State Police Departmental procedures, by any person
20employed by the Illinois State Police Department shall be
21construed as a positive test, and the person shall be
22discharged from employment. The changes made in this Section
23by this amendatory Act of the 100th General Assembly shall
24apply to all pending and future incidents under this Section.
25(Source: P.A. 100-1130, eff. 11-27-18.)
 

 

 

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1    (20 ILCS 2610/13)  (from Ch. 121, par. 307.13)
2    Sec. 13. Disciplinary measures prescribed by the Board for
3Illinois Department of State Police officers may be taken by
4the Director for the punishment of infractions of the rules
5and regulations of the respective divisions as promulgated by
6the Illinois State Police Department. Such disciplinary
7measures may include suspension of any such officer for a
8reasonable period, not exceeding 30 days.
9    Any officer so suspended, within 10 days after suspension,
10may petition the Board in writing to review the suspension,
11and upon the filing of such petition with the Board, the Board
12shall within a reasonable amount of time, but no later than 30
13days after the date of request for review set the written
14petition for hearing before the Board upon not less than 10
15days' notice at a place to be designated by the chairman
16thereof. The Board may sustain the action of the Director,
17reverse it with instructions that the officer receive his pay
18for the period involved, or reduce the length of suspension
19with instructions that the officer's pay be adjusted
20accordingly. No later than July 1, 1987, the Board shall
21promulgate rules which include the standards to be used in
22determining when compensation will be awarded to an officer
23who is found not guilty or has served a greater period of
24suspension than prescribed by the Board. The Board may not
25increase the length of suspension imposed by the Director. The

 

 

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1Board may, by unanimous decision, dismiss the petition if it
2has determined that there is no substantial basis for its
3review of the suspension. In all other respects, the hearing
4shall be conducted in the manner provided for in Section 14
5hereof. The provisions of the "Administrative Review Law" and
6the rules adopted pursuant thereto shall apply to and govern
7all proceedings for the judicial review of any order of the
8board rendered pursuant to the provisions of this Section.
9(Source: P.A. 85-1042.)
 
10    (20 ILCS 2610/14)  (from Ch. 121, par. 307.14)
11    Sec. 14. Except as is otherwise provided in this Act, no
12Illinois Department of State Police officer shall be removed,
13demoted or suspended except for cause, upon written charges
14filed with the Board by the Director and a hearing before the
15Board thereon upon not less than 10 days' notice at a place to
16be designated by the chairman thereof. At such hearing, the
17accused shall be afforded full opportunity to be heard in his
18or her own defense and to produce proof in his or her defense.
19Anyone filing a complaint against a State Police Officer must
20have the complaint supported by a sworn affidavit. Any such
21complaint, having been supported by a sworn affidavit, and
22having been found, in total or in part, to contain false
23information, shall be presented to the appropriate State's
24Attorney for a determination of prosecution.
25    Before any such officer may be interrogated or examined by

 

 

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

 

 

SB2037- 299 -LRB102 17120 WGH 22551 b

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

 

 

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1application of any member of the Board, may order such person
2to appear before the Board and give testimony or produce
3evidence, and any failure to obey such order is punishable by
4the court as a contempt thereof.
5    The provisions of the Administrative Review Law, and all
6amendments and modifications thereof, and the rules adopted
7pursuant thereto, shall apply to and govern all proceedings
8for the judicial review of any order of the Board rendered
9pursuant to the provisions of this Section.
10    Notwithstanding the provisions of this Section, a policy
11making officer, as defined in the Employee Rights Violation
12Act, of the Illinois Department of State Police shall be
13discharged from the Illinois Department of State Police as
14provided in the Employee Rights Violation Act, enacted by the
1585th General Assembly.
16(Source: P.A. 96-891, eff. 5-10-10.)
 
17    (20 ILCS 2610/16)  (from Ch. 121, par. 307.16)
18    Sec. 16. State policemen shall enforce the provisions of
19The Illinois Vehicle Code, approved September 29, 1969, as
20amended, and Article 9 of the "Illinois Highway Code" as
21amended; and shall patrol the public highways and rural
22districts to make arrests for violations of the provisions of
23such Acts. They are conservators of the peace and as such have
24all powers possessed by policemen in cities, and sheriffs,
25except that they may exercise such powers anywhere in this

 

 

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1State. The State policemen shall cooperate with the police of
2cities, villages and incorporated towns, and with the police
3officers of any county, in enforcing the laws of the State and
4in making arrests and recovering property. They may be
5equipped with standardized and tested devices for weighing
6motor vehicles and may stop and weigh, acting reasonably, or
7cause to be weighed, any motor vehicle which appears to weigh
8in excess of the weight permitted by law. It shall also be the
9duty of the Illinois State Police State police to determine,
10whenever possible, the person or persons or the causes
11responsible for the breaking or destruction of any improved
12hard-surfaced roadway; to arrest all persons criminally
13responsible for such breaking or destruction and bring them
14before the proper officer for trial. The Illinois Department
15of State Police shall divide the State into Districts and
16assign each district to one or more policemen. No person
17employed under this Act, however, shall serve or execute civil
18process, except for process issued under the authority of the
19General Assembly, or a committee or commission thereof vested
20with subpoena powers when the county sheriff refuses or fails
21to serve such process, and except for process issued under the
22authority of the Illinois Department of Revenue.
23(Source: P.A. 84-25.)
 
24    (20 ILCS 2610/17b)
25    Sec. 17b. Retiring officer; purchase of service firearm

 

 

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1and police badge. The Director of the Illinois State Police
2shall establish a policy to allow a State Police officer who is
3honorably retiring or separating in good standing to purchase
4either one or both of the following: (i) any State Police badge
5previously issued to that officer; or (ii) if the officer has a
6currently valid Firearm Owner's Identification Card, the
7service firearm issued or previously issued to the officer by
8the Illinois Department of State Police. The cost of the
9firearm purchased shall be the replacement value of the
10firearm and not the firearm's fair market value.
11(Source: P.A. 100-931, eff. 8-17-18.)
 
12    (20 ILCS 2610/18)  (from Ch. 121, par. 307.18)
13    Sec. 18. The Director may also authorize any civilian
14employee of the Illinois State Police Department who is not a
15State policeman to be a truck weighing inspector with the
16power of enforcing the provisions of Sections 15-102, 15-103,
1715-107, 15-111, and 15-301 and subsection (d) of Section 3-401
18of the Illinois Vehicle Code.
19(Source: P.A. 100-830, eff. 1-1-19.)
 
20    (20 ILCS 2610/20)  (from Ch. 121, par. 307.18a)
21    Sec. 20. The Illinois State Police Department from time to
22time may enter into contracts with The Illinois State Toll
23Highway Authority, hereinafter called the Authority, with
24respect to the policing of toll highways by the Illinois State

 

 

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1Police. Such contracts shall provide among other matters for
2the compensation or reimbursement of the Illinois State Police
3Department by the Authority for the costs incurred by this
4State with respect to such policing service, including, but
5not limited to, the costs of: (1) compensation and training of
6the State policemen and the clerical employees assigned to
7such policing service; and (2) uniforms, equipment, supplies
8and housing used by such personnel; and (3) reimbursement of
9such sums as the State expends in connection with payments of
10claims for injuries or illnesses suffered by such personnel in
11the line of duty. Each such contract may provide for the
12methods of ascertaining such costs, and shall be of such
13duration and may contain such other appropriate terms as the
14Illinois State Police Department and the Authority may agree
15upon. The Illinois State Police Department is not obliged to
16furnish policing service on any highway under the jurisdiction
17of the Authority except as required by contract.
18(Source: P.A. 81-840.)
 
19    (20 ILCS 2610/21)  (from Ch. 121, par. 307.18b)
20    Sec. 21. (a) The Illinois State Police Department shall
21appoint as State policemen the number of persons required for
22assignment to the policing of toll highways by contracts made
23pursuant to Section 20 of this Act; and such policemen shall
24have the same qualifications and shall be appointed and paid
25and shall receive the same benefits, as all other State

 

 

SB2037- 304 -LRB102 17120 WGH 22551 b

1policemen.
2    (b) The Director shall assign such policemen in accordance
3with the contract provisions, which may authorize temporary
4increases or decreases in the number of policemen so assigned
5when emergency conditions so require.
6    (c) State policemen so assigned have, in policing the toll
7highways, all powers and duties of enforcement and arrest
8which Section 16 of this Act confers upon State policemen
9generally in policing other public highways and other areas,
10and in addition have the duty to enforce all regulations
11established by the Illinois State Toll Highway Authority
12pursuant to the authority of the "An Act in relation to the
13construction, operation, regulation and maintenance of a
14system of toll highways and to create The Illinois State Toll
15Highway Act Authority, and to define its powers and duties, to
16make an appropriation in conjunction therewith", approved
17August 7, 1967, as amended.
18(Source: P.A. 85-1042.)
 
19    (20 ILCS 2610/22)  (from Ch. 121, par. 307.18c)
20    Sec. 22. The Director and the State policemen appointed by
21him, when authorized by the Director, may expend such sums as
22the Director deems necessary in the purchase of evidence and
23in the employment of persons to obtain evidence.
24    Such sums to be expended shall be advanced to the State
25policeman who is to make such purchase or employment from

 

 

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1funds appropriated or made available by law for the support or
2use of the Illinois State Police Department on vouchers
3therefor signed by the Director.
4(Source: P.A. 85-1042.)
 
5    (20 ILCS 2610/24)
6    Sec. 24. Illinois State Police quotas prohibited. The
7Illinois State Police Department may not require an Illinois a
8Department of State Police officer to issue a specific number
9of citations within a designated period of time. This
10prohibition shall not affect the conditions of any federal or
11State grants or funds awarded to the Illinois State Police
12Department and used to fund traffic enforcement programs.
13    The Illinois State Police Department may not, for purposes
14of evaluating an Illinois a Department of State Police
15officer's job performance, compare the number of citations
16issued by the Illinois Department of State Police officer to
17the number of citations issued by any other Illinois
18Department of State Police officer who has similar job duties.
19Nothing in this Section shall prohibit the Illinois State
20Police Department from evaluating an Illinois a Department of
21State Police officer based on the Illinois Department of State
22Police officer's points of contact. For the purposes of this
23Section, "points of contact" means any quantifiable contact
24made in the furtherance of the Illinois Department of State
25Police officer's duties, including, but not limited to, the

 

 

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1number of traffic stops completed, arrests, written warnings,
2and crime prevention measures. Points of contact shall not
3include either the issuance of citations or the number of
4citations issued by an Illinois a Department of State Police
5officer.
6(Source: P.A. 98-650, eff. 1-1-15.)
 
7    (20 ILCS 2610/30)
8    Sec. 30. Patrol vehicles with in-car video recording
9cameras.
10    (a) Definitions. As used in this Section:
11        "Audio recording" means the recorded conversation
12    between an officer and a second party.
13        "Emergency lights" means oscillating, rotating, or
14    flashing lights on patrol vehicles.
15        "In-car video camera" means a video camera located in
16    an Illinois State Police a Department patrol vehicle.
17        "In-car video camera recording equipment" means a
18    video camera recording system located in an Illinois State
19    Police a Department patrol vehicle consisting of a camera
20    assembly, recording mechanism, and an in-car video
21    recording medium.
22        "Enforcement stop" means an action by an officer of
23    the Illinois State Police Department in relation to
24    enforcement and investigation duties, including but not
25    limited to, traffic stops, pedestrian stops, abandoned

 

 

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1    vehicle contacts, motorist assists, commercial motor
2    vehicle stops, roadside safety checks, requests for
3    identification, or responses to requests for emergency
4    assistance.
5        "Recording" means the process of capturing data or
6    information stored on a recording medium as required under
7    this Section.
8        "Recording medium" means any recording medium
9    authorized by the Illinois State Police Department for the
10    retention and playback of recorded audio and video
11    including, but not limited to, VHS, DVD, hard drive, solid
12    state, digital, or flash memory technology.
13        "Wireless microphone" means a device devise worn by
14    the officer or any other equipment used to record
15    conversations between the officer and a second party and
16    transmitted to the recording equipment.
17    (b) By June 1, 2009, the Illinois State Police Department
18shall install in-car video camera recording equipment in all
19patrol vehicles. Subject to appropriation, all patrol vehicles
20shall be equipped with in-car video camera recording equipment
21with a recording medium capable of recording for a period of 10
22hours or more by June 1, 2011. In-car video camera recording
23equipment shall be capable of making audio recordings with the
24assistance of a wireless microphone.
25    (c) As of the effective date of this amendatory Act of the
2695th General Assembly, in-car video camera recording equipment

 

 

SB2037- 308 -LRB102 17120 WGH 22551 b

1with a recording medium incapable of recording for a period of
210 hours or more shall record activities outside a patrol
3vehicle whenever (i) an officer assigned a patrol vehicle is
4conducting an enforcement stop; (ii) patrol vehicle emergency
5lights are activated or would otherwise be activated if not
6for the need to conceal the presence of law enforcement; or
7(iii) an officer reasonably believes recording may assist with
8prosecution, enhance safety, or for any other lawful purpose.
9As of the effective date of this amendatory Act of the 95th
10General Assembly, in-car video camera recording equipment with
11a recording medium incapable of recording for a period of 10
12hours or more shall record activities inside the vehicle when
13transporting an arrestee or when an officer reasonably
14believes recording may assist with prosecution, enhance
15safety, or for any other lawful purpose.
16        (1) Recording for an enforcement stop shall begin when
17    the officer determines an enforcement stop is necessary
18    and shall continue until the enforcement action has been
19    completed and the subject of the enforcement stop or the
20    officer has left the scene.
21        (2) Recording shall begin when patrol vehicle
22    emergency lights are activated or when they would
23    otherwise be activated if not for the need to conceal the
24    presence of law enforcement, and shall continue until the
25    reason for the activation ceases to exist, regardless of
26    whether the emergency lights are no longer activated.

 

 

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1        (3) An officer may begin recording if the officer
2    reasonably believes recording may assist with prosecution,
3    enhance safety, or for any other lawful purpose; and shall
4    continue until the reason for recording ceases to exist.
5    (d) In-car video camera recording equipment with a
6recording medium capable of recording for a period of 10 hours
7or more shall record activities whenever a patrol vehicle is
8assigned to patrol duty.
9    (e) Any enforcement stop resulting from a suspected
10violation of the Illinois Vehicle Code shall be video and
11audio recorded. Audio recording shall terminate upon release
12of the violator and prior to initiating a separate criminal
13investigation.
14    (f) Recordings made on in-car video camera recording
15medium shall be retained by the Illinois State Police
16Department for a storage period of at least 90 days. Under no
17circumstances shall any recording made on in-car video camera
18recording medium be altered or erased prior to the expiration
19of the designated storage period. Upon completion of the
20storage period, the recording medium may be erased and
21reissued for operational use unless otherwise ordered by the
22District Commander or his or her designee or by a court, or if
23designated for evidentiary or training purposes.
24    (g) Audio or video recordings made pursuant to this
25Section shall be available under the applicable provisions of
26the Freedom of Information Act. Only recorded portions of the

 

 

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1audio recording or video recording medium applicable to the
2request will be available for inspection or copying.
3    (h) The Illinois State Police Department shall ensure
4proper care and maintenance of in-car video camera recording
5equipment and recording medium. An officer operating a patrol
6vehicle must immediately document and notify the District
7Commander or his or her designee of any technical
8difficulties, failures, or problems with the in-car video
9camera recording equipment or recording medium. Upon receiving
10notice, the District Commander or his or her designee shall
11make every reasonable effort to correct and repair any of the
12in-car video camera recording equipment or recording medium
13and determine if it is in the public interest to permit the use
14of the patrol vehicle.
15    (i) The Illinois State Police Department may promulgate
16rules to implement this amendatory Act of the 95th General
17Assembly only to the extent necessary to apply the existing
18rules or applicable internal directives.
19(Source: P.A. 95-1009, eff. 12-15-08.)
 
20    (20 ILCS 2610/35)
21    Sec. 35. Officer-worn body cameras; policy; training.
22    (a) For the purposes of this Section, "officer-worn body
23camera" shall have the same meaning as defined in Section 10 of
24the Law Enforcement Officer-Worn Body Camera Act.
25    (b) If the Illinois State Police Department employs the

 

 

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1use of officer-worn body cameras, the Illinois State Police
2Department shall develop a written policy which must include,
3at a minimum, the guidelines established by the Law
4Enforcement Officer-Worn Body Camera Act.
5    (c) The Illinois State Police Department shall provide
6training to those officers who utilize officer-worn body
7cameras.
8(Source: P.A. 99-352, eff. 1-1-16.)
 
9    (20 ILCS 2610/38)
10    Sec. 38. Disposal of medications. The Illinois State
11Police Department may by rule authorize State Police officers
12to dispose of any unused medications under Section 18 of the
13Safe Pharmaceutical Disposal Act.
14(Source: P.A. 99-648, eff. 1-1-17; 100-201, eff. 8-18-17.)
 
15    (20 ILCS 2610/40)
16    Sec. 40. Training; administration of epinephrine.
17    (a) This Section, along with Section 10.19 of the Illinois
18Police Training Act, may be referred to as the Annie LeGere
19Law.
20    (b) For the purposes of this Section, "epinephrine
21auto-injector" means a single-use device used for the
22automatic injection of a pre-measured dose of epinephrine into
23the human body prescribed in the name of the Illinois State
24Police Department.

 

 

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1    (c) The Illinois State Police Department may conduct or
2approve a training program for State Police officers to
3recognize and respond to anaphylaxis, including, but not
4limited to:
5        (1) how to recognize symptoms of an allergic reaction;
6        (2) how to respond to an emergency involving an
7    allergic reaction;
8        (3) how to administer an epinephrine auto-injector;
9        (4) how to respond to an individual with a known
10    allergy as well as an individual with a previously unknown
11    allergy;
12        (5) a test demonstrating competency of the knowledge
13    required to recognize anaphylaxis and administer an
14    epinephrine auto-injector; and
15        (6) other criteria as determined in rules adopted by
16    the Illinois State Police Department.
17    (d) The Illinois State Police Department may authorize a
18State Police officer who has completed the training program
19under subsection (c) to carry, administer, or assist with the
20administration of epinephrine auto-injectors whenever he or
21she is performing official duties.
22    (e) The Illinois State Police Department must establish a
23written policy to control the acquisition, storage,
24transportation, administration, and disposal of epinephrine
25auto-injectors before it allows any State Police officer to
26carry and administer epinephrine auto-injectors.

 

 

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1    (f) A physician, physician physician's assistant with
2prescriptive authority, or advanced practice registered nurse
3with prescriptive authority may provide a standing protocol or
4prescription for epinephrine auto-injectors in the name of the
5Illinois State Police Department to be maintained for use when
6necessary.
7    (g) When a State Police officer administers an epinephrine
8auto-injector in good faith, the officer and the Illinois
9State Police Department, and its employees and agents,
10including a physician, physician physician's assistant with
11prescriptive authority, or advanced practice registered nurse
12with prescriptive authority who provides a standing order or
13prescription for an epinephrine auto-injector, incur no civil
14or professional liability, except for willful and wanton
15conduct, as a result of any injury or death arising from the
16use of an epinephrine auto-injector.
17(Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17;
18100-648, eff. 7-31-18; revised 1-14-20.)
 
19    (20 ILCS 2610/45)
20    Sec. 45. Compliance with the Health Care Violence
21Prevention Act; training. The Illinois State Police Department
22shall comply with the Health Care Violence Prevention Act and
23shall provide an appropriate level of training for its
24officers concerning the Health Care Violence Prevention Act.
25(Source: P.A. 100-1051, eff. 1-1-19; 100-1186, eff. 4-5-19.)
 

 

 

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1    Section 205. The State Police Radio Act is amended by
2changing Sections 0.01, 1, 2, 6, and 10 as follows:
 
3    (20 ILCS 2615/0.01)  (from Ch. 121, par. 307.20)
4    Sec. 0.01. Short title. This Act may be cited as the
5Illinois State Police Radio Act.
6(Source: P.A. 86-1324.)
 
7    (20 ILCS 2615/1)  (from Ch. 121, par. 307.21)
8    Sec. 1. The Illinois Department of State Police is
9authorized to purchase, lease or otherwise acquire and operate
10one or more radio broadcasting stations in the State to be used
11for police purposes only. Such radio stations shall broadcast
12all police dispatches and reports submitted to them which
13pertain to the apprehension of criminals, the prevention of
14crime and the maintenance of law and order in order to assist
15peace officers more effectively to discharge their duties.
16(Source: P.A. 84-25.)
 
17    (20 ILCS 2615/2)  (from Ch. 121, par. 307.22)
18    Sec. 2. The Illinois Department of State Police, the
19county board of any county, the city council of any city and
20the board of trustees of any village or incorporated town are
21authorized to purchase or acquire and furnish radio receiving
22sets to all peace officers under their jurisdiction. These

 

 

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1radio receiving sets shall only be used by such officers in the
2performance of their duties as police officers in this State
3and shall always be set and in readiness to receive any report
4or message that may be broadcasted from any radio broadcasting
5station operated by the Illinois Department of State Police
6under this Act. Every police officer receiving a radio set
7shall make a report to the Illinois Department of State Police
8at such times and containing such information as the Illinois
9State Police Department may require.
10(Source: P.A. 84-25.)
 
11    (20 ILCS 2615/6)  (from Ch. 121, par. 307.26)
12    Sec. 6. The Illinois Department of State Police is
13authorized to use any money appropriated to it for the purpose
14of patrolling and policing the public highways in carrying out
15the provisions of this Act.
16(Source: P.A. 84-25.)
 
17    (20 ILCS 2615/10)
18    Sec. 10. Public safety radio interoperability. Upon their
19establishment and thereafter, the Director of the Illinois
20State Police, or his or her designee, shall serve as the
21chairman of the Illinois Statewide Interoperability Executive
22Committee (SIEC) and as the chairman of the STARCOM21
23Oversight Committee. The Director, as chairman, may increase
24the size and makeup of the voting membership of each committee

 

 

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1when deemed necessary for improved public safety radio
2interoperability, but the voting membership of each committee
3must represent public safety users (police, fire, or EMS) and
4must, at a minimum, include the representatives specified in
5this Section. The STARCOM21 Oversight Committee must comprise
6public safety users accessing the system. The SIEC shall have
7at a minimum one representative from each of the following:
8the Illinois Fire Chiefs Association, the Rural Fire
9Protection Association, the Office of the State Fire Marshal,
10the Illinois Association of Chiefs of Police, the Illinois
11Sheriffs' Association, the Illinois State Police, the Illinois
12Emergency Management Agency, the Department of Public Health,
13and the Secretary of State Police (which representative shall
14be the Director of the Secretary of State Police or his or her
15designee).
16(Source: P.A. 94-1005, eff. 7-3-06.)
 
17    Section 210. The Narcotic Control Division Abolition Act
18is amended by changing Sections 1, 2, 3, 4, 5, 6, 7, and 8 as
19follows:
 
20    (20 ILCS 2620/1)  (from Ch. 127, par. 55d)
21    Sec. 1. The Division of Narcotic Control is abolished and
22its functions are transferred to and shall be administered by
23the Illinois Department of State Police.
24    When used in this Act, unless the context otherwise

 

 

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1indicates:
2    "Department" means the Department of State Police;
3    "Director" means the Director of the Illinois Department
4of State Police.
5(Source: P.A. 84-25.)
 
6    (20 ILCS 2620/2)  (from Ch. 127, par. 55e)
7    Sec. 2. The Illinois State Police Department shall enforce
8all laws regulating the production, sale, prescribing,
9manufacturing, administering, transporting, having in
10possession, dispensing, delivering, distributing or use of
11controlled substances as defined in the "Illinois Controlled
12Substances Act", and cannabis as defined in the "Cannabis
13Control Act" enacted by the 77th General Assembly, as now or
14hereafter amended, and any other duties conferred upon the
15Illinois State Police Department by law.
16(Source: P.A. 77-770.)
 
17    (20 ILCS 2620/3)  (from Ch. 127, par. 55f)
18    Sec. 3. The Director may, in conformity with the Personnel
19Code, employ such inspectors, physicians, pharmacists,
20chemists, clerical and other employees as are necessary to
21carry out the duties of the Illinois State Police Department.
22(Source: P.A. 76-442.)
 
23    (20 ILCS 2620/4)  (from Ch. 127, par. 55g)

 

 

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1    Sec. 4. The Director and the inspectors appointed by him
2are conservators of the peace and as such have all the powers
3possessed by policemen in cities and by sheriffs, except that
4they may exercise such powers anywhere in the State, in
5enforcing the duties conferred upon the Illinois State Police
6Department by Section 2 of this Act.
7(Source: P.A. 76-442.)
 
8    (20 ILCS 2620/5)  (from Ch. 127, par. 55h)
9    Sec. 5. The Illinois State Police Department shall advise
10and inform local and other State law-enforcement officers of
11various controlled substances and cannabis law-enforcement
12practices and shall establish a central office where local and
13other State law-enforcement officers may report controlled
14substances and cannabis violations and obtain information
15about controlled substances and cannabis violators. Every
16local and other State law-enforcement officer shall report any
17violation of the controlled substances and cannabis laws of
18this State to the Illinois State Police Department.
19(Source: P.A. 77-770.)
 
20    (20 ILCS 2620/6)  (from Ch. 127, par. 55i)
21    Sec. 6. The Illinois Department of State Police is
22authorized to establish laboratories for the purpose of
23testing of controlled substances and cannabis which are
24seized.

 

 

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1    The Illinois Department of State Police shall formulate,
2adopt and put into effect such reasonable rules and
3regulations as are necessary to carry out the provisions of
4this Act.
5(Source: P.A. 85-1042.)
 
6    (20 ILCS 2620/7)  (from Ch. 127, par. 55j)
7    Sec. 7. Expenditures; evidence; forfeited property.
8    (a) The Director and the inspectors appointed by him, when
9authorized by the Director, may expend such sums as the
10Director deems necessary in the purchase of controlled
11substances and cannabis for evidence and in the employment of
12persons to obtain evidence.
13    Such sums to be expended shall be advanced to the officer
14who is to make such purchase or employment from funds
15appropriated or made available by law for the support or use of
16the Illinois State Police Department on vouchers therefor
17signed by the Director. The Director and such officers are
18authorized to maintain one or more commercial checking
19accounts with any State banking corporation or corporations
20organized under or subject to the Illinois Banking Act for the
21deposit and withdrawal of moneys to be used for the purchase of
22evidence and for the employment of persons to obtain evidence;
23provided that no check may be written on nor any withdrawal
24made from any such account except on the written signatures of
252 persons designated by the Director to write such checks and

 

 

SB2037- 320 -LRB102 17120 WGH 22551 b

1make such withdrawals.
2    (b) The Director is authorized to maintain one or more
3commercial bank accounts with any State banking corporation or
4corporations organized under or subject to the Illinois
5Banking Act, as now or hereafter amended, for the deposit or
6withdrawal of (i) moneys forfeited to the Illinois State
7Police Department, including the proceeds of the sale of
8forfeited property, as provided in Section 2 of the State
9Officers and Employees Money Disposition Act, as now or
10hereafter amended, pending disbursement to participating
11agencies and deposit of the Illinois State Police's
12Department's share as provided in subsection (c), and (ii) all
13moneys being held as evidence by the Illinois State Police
14Department, pending final court disposition; provided that no
15check may be written on or any withdrawal made from any such
16account except on the written signatures of 2 persons
17designated by the Director to write such checks and make such
18withdrawals.
19    (c) All moneys received by the Illinois State Police as
20their share of forfeited funds (including the proceeds of the
21sale of forfeited property) received pursuant to the Drug
22Asset Forfeiture Procedure Act, the Cannabis Control Act, the
23Illinois Controlled Substances Act, the Methamphetamine
24Control and Community Protection Act, the Environmental
25Protection Act, or any other Illinois law shall be deposited
26into the State Asset Forfeiture Fund, which is hereby created

 

 

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1as an interest-bearing special fund in the State treasury.
2    All moneys received by the Illinois State Police as their
3share of forfeited funds (including the proceeds of the sale
4of forfeited property) received pursuant to federal equitable
5sharing transfers shall be deposited into the Federal Asset
6Forfeiture Fund, which is hereby created as an
7interest-bearing special fund in the State treasury.
8    The moneys deposited into the State Asset Forfeiture Fund
9and the Federal Asset Forfeiture Fund shall be appropriated to
10the Illinois Department of State Police and may be used by the
11Illinois State Police in accordance with law.
12(Source: P.A. 94-556, eff. 9-11-05.)
 
13    (20 ILCS 2620/8)  (from Ch. 127, par. 55k)
14    Sec. 8. The Attorney General, upon the request of the
15Illinois State Police Department, shall prosecute any
16violation of this Act, and of the Illinois Controlled
17Substances Act, the Cannabis Control Act, and the
18Methamphetamine Control and Community Protection Act.
19(Source: P.A. 94-556, eff. 9-11-05.)
 
20    Section 215. The Volunteer Firefighting Rescue Unit Use
21Act is amended by changing the title of the Act and Sections 1,
222, 3, and 4 as follows:
 
23    (20 ILCS 2625/Act title)

 

 

SB2037- 322 -LRB102 17120 WGH 22551 b

1An Act relating to the use of rescue units of volunteer
2fire fighting organizations by the Illinois Department of
3State Police and making an appropriation therefor.
 
4    (20 ILCS 2625/1)  (from Ch. 127, par. 289)
5    Sec. 1. As used in this Act, unless the context otherwise
6requires, the following terms have the following meanings:
7    Department means the Department of State Police;
8    Rescue unit means a unit of an unpaid volunteer fire
9fighting organization which is specially trained for emergency
10rescue work such as resuscitation of heart attack, drowning,
11suffocation or epilepsy victims, recovery of bodies of
12drowning victims and similar activities;
13    District means a geographical area designated by the
14Illinois State Police Department for administration of laws by
15the Division of Fire Prevention of the Illinois State Police
16Department.
17(Source: P.A. 84-25.)
 
18    (20 ILCS 2625/2)  (from Ch. 127, par. 290)
19    Sec. 2. The Illinois State Police Department may request
20the cooperation and use of facilities of any rescue unit to aid
21it when engaged in any activity designed to save human life or
22to recover the body of a victim. Such a request shall be
23directed to a rescue unit or units located within the district
24where the rescue work is to be performed. If there is no rescue

 

 

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1unit located within the district or if there are not
2sufficient rescue units therein to perform the required work,
3requests may be directed to rescue units located in other
4districts.
5(Source: Laws 1953, p. 178.)
 
6    (20 ILCS 2625/3)  (from Ch. 127, par. 291)
7    Sec. 3. When the Illinois State Police Department requests
8the services of a rescue unit it shall pay the personnel of
9such unit for time actually spent in rescue work at the rate of
10$2.50 per hour.
11(Source: Laws 1953, p. 178.)
 
12    (20 ILCS 2625/4)  (from Ch. 127, par. 292)
13    Sec. 4. If any equipment of a volunteer fire fighting
14organization is lost or damaged while its rescue unit is
15engaged in rescue work at the request of the Illinois State
16Police Department, it shall be reimbursed by the State of
17Illinois. A claim for such reimbursement may be filed with the
18Court of Claims.
19(Source: Laws 1953, p. 178.)
 
20    Section 220. The Criminal Identification Act is amended by
21changing Sections 1, 2, 2.1, 2.2, 3, 3.1, 3.3, 4, 4.5, 5, 5.2,
227, 7.5, 8, 9, 9.5, 10, 13, and 14 as follows:
 

 

 

SB2037- 324 -LRB102 17120 WGH 22551 b

1    (20 ILCS 2630/1)  (from Ch. 38, par. 206-1)
2    Sec. 1. The Illinois Department of State Police
3hereinafter referred to as the "Department", is hereby
4empowered to cope with the task of criminal identification and
5investigation.
6    The Director of the Illinois Department of State Police
7shall, from time to time, appoint such employees or assistants
8as may be necessary to carry out this work. Employees or
9assistants so appointed shall receive salaries subject to the
10standard pay plan provided for in the "Personnel Code",
11approved July 18, 1955, as amended.
12(Source: P.A. 84-25.)
 
13    (20 ILCS 2630/2)  (from Ch. 38, par. 206-2)
14    Sec. 2. The Illinois State Police Department shall procure
15and file for record, as far as can be procured from any source,
16photographs, all plates, outline pictures, measurements,
17descriptions and information of all persons who have been
18arrested on a charge of violation of a penal statute of this
19State and such other information as is necessary and helpful
20to plan programs of crime prevention, law enforcement and
21criminal justice, and aid in the furtherance of those
22programs.
23(Source: P.A. 76-444.)
 
24    (20 ILCS 2630/2.1)  (from Ch. 38, par. 206-2.1)

 

 

SB2037- 325 -LRB102 17120 WGH 22551 b

1    Sec. 2.1. For the purpose of maintaining complete and
2accurate criminal records of the Illinois Department of State
3Police, it is necessary for all policing bodies of this State,
4the clerk of the circuit court, the Illinois Department of
5Corrections, the sheriff of each county, and State's Attorney
6of each county to submit certain criminal arrest, charge, and
7disposition information to the Illinois State Police
8Department for filing at the earliest time possible. Unless
9otherwise noted herein, it shall be the duty of all policing
10bodies of this State, the clerk of the circuit court, the
11Illinois Department of Corrections, the sheriff of each
12county, and the State's Attorney of each county to report such
13information as provided in this Section, both in the form and
14manner required by the Illinois State Police Department and
15within 30 days of the criminal history event. Specifically:
16        (a) Arrest Information. All agencies making arrests
17    for offenses which are required by statute to be
18    collected, maintained or disseminated by the Illinois
19    Department of State Police shall be responsible for
20    furnishing daily to the Illinois State Police Department
21    fingerprints, charges and descriptions of all persons who
22    are arrested for such offenses. All such agencies shall
23    also notify the Illinois State Police Department of all
24    decisions by the arresting agency not to refer such
25    arrests for prosecution. With approval of the Illinois
26    State Police Department, an agency making such arrests may

 

 

SB2037- 326 -LRB102 17120 WGH 22551 b

1    enter into arrangements with other agencies for the
2    purpose of furnishing daily such fingerprints, charges and
3    descriptions to the Illinois State Police Department upon
4    its behalf.
5        (b) Charge Information. The State's Attorney of each
6    county shall notify the Illinois State Police Department
7    of all charges filed and all petitions filed alleging that
8    a minor is delinquent, including all those added
9    subsequent to the filing of a case, and whether charges
10    were not filed in cases for which the Illinois State
11    Police Department has received information required to be
12    reported pursuant to paragraph (a) of this Section. With
13    approval of the Illinois State Police Department, the
14    State's Attorney may enter into arrangements with other
15    agencies for the purpose of furnishing the information
16    required by this subsection (b) to the Illinois State
17    Police Department upon the State's Attorney's behalf.
18        (c) Disposition Information. The clerk of the circuit
19    court of each county shall furnish the Illinois State
20    Police Department, in the form and manner required by the
21    Supreme Court, with all final dispositions of cases for
22    which the Illinois State Police Department has received
23    information required to be reported pursuant to paragraph
24    (a) or (d) of this Section. Such information shall
25    include, for each charge, all (1) judgments of not guilty,
26    judgments of guilty including the sentence pronounced by

 

 

SB2037- 327 -LRB102 17120 WGH 22551 b

1    the court with statutory citations to the relevant
2    sentencing provision, findings that a minor is delinquent
3    and any sentence made based on those findings, discharges
4    and dismissals in the court; (2) reviewing court orders
5    filed with the clerk of the circuit court which reverse or
6    remand a reported conviction or findings that a minor is
7    delinquent or that vacate or modify a sentence or sentence
8    made following a trial that a minor is delinquent; (3)
9    continuances to a date certain in furtherance of an order
10    of supervision granted under Section 5-6-1 of the Unified
11    Code of Corrections or an order of probation granted under
12    Section 10 of the Cannabis Control Act, Section 410 of the
13    Illinois Controlled Substances Act, Section 70 of the
14    Methamphetamine Control and Community Protection Act,
15    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
16    the Criminal Code of 1961 or the Criminal Code of 2012,
17    Section 10-102 of the Illinois Alcoholism and Other Drug
18    Dependency Act, Section 40-10 of the Substance Use
19    Disorder Act, Section 10 of the Steroid Control Act, or
20    Section 5-615 of the Juvenile Court Act of 1987; and (4)
21    judgments or court orders terminating or revoking a
22    sentence to or juvenile disposition of probation,
23    supervision or conditional discharge and any resentencing
24    or new court orders entered by a juvenile court relating
25    to the disposition of a minor's case involving delinquency
26    after such revocation.

 

 

SB2037- 328 -LRB102 17120 WGH 22551 b

1        (d) Fingerprints After Sentencing.
2            (1) After the court pronounces sentence, sentences
3        a minor following a trial in which a minor was found to
4        be delinquent or issues an order of supervision or an
5        order of probation granted under Section 10 of the
6        Cannabis Control Act, Section 410 of the Illinois
7        Controlled Substances Act, Section 70 of the
8        Methamphetamine Control and Community Protection Act,
9        Section 12-4.3 or subdivision (b)(1) of Section
10        12-3.05 of the Criminal Code of 1961 or the Criminal
11        Code of 2012, Section 10-102 of the Illinois
12        Alcoholism and Other Drug Dependency Act, Section
13        40-10 of the Substance Use Disorder Act, Section 10 of
14        the Steroid Control Act, or Section 5-615 of the
15        Juvenile Court Act of 1987 for any offense which is
16        required by statute to be collected, maintained, or
17        disseminated by the Illinois Department of State
18        Police, the State's Attorney of each county shall ask
19        the court to order a law enforcement agency to
20        fingerprint immediately all persons appearing before
21        the court who have not previously been fingerprinted
22        for the same case. The court shall so order the
23        requested fingerprinting, if it determines that any
24        such person has not previously been fingerprinted for
25        the same case. The law enforcement agency shall submit
26        such fingerprints to the Illinois State Police

 

 

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1        Department daily.
2            (2) After the court pronounces sentence or makes a
3        disposition of a case following a finding of
4        delinquency for any offense which is not required by
5        statute to be collected, maintained, or disseminated
6        by the Illinois Department of State Police, the
7        prosecuting attorney may ask the court to order a law
8        enforcement agency to fingerprint immediately all
9        persons appearing before the court who have not
10        previously been fingerprinted for the same case. The
11        court may so order the requested fingerprinting, if it
12        determines that any so sentenced person has not
13        previously been fingerprinted for the same case. The
14        law enforcement agency may retain such fingerprints in
15        its files.
16        (e) Corrections Information. The Illinois Department
17    of Corrections and the sheriff of each county shall
18    furnish the Illinois State Police Department with all
19    information concerning the receipt, escape, execution,
20    death, release, pardon, parole, commutation of sentence,
21    granting of executive clemency or discharge of an
22    individual who has been sentenced or committed to the
23    agency's custody for any offenses which are mandated by
24    statute to be collected, maintained or disseminated by the
25    Illinois Department of State Police. For an individual who
26    has been charged with any such offense and who escapes

 

 

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1    from custody or dies while in custody, all information
2    concerning the receipt and escape or death, whichever is
3    appropriate, shall also be so furnished to the Illinois
4    State Police Department.
5(Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19.)
 
6    (20 ILCS 2630/2.2)
7    Sec. 2.2. Notification to the Illinois State Police
8Department. Upon judgment of conviction of a violation of
9Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
10Criminal Code of 1961 or the Criminal Code of 2012 when the
11defendant has been determined, pursuant to Section 112A-11.1
12of the Code of Criminal Procedure of 1963, to be subject to the
13prohibitions of 18 U.S.C. 922(g)(9), the circuit court clerk
14shall include notification and a copy of the written
15determination in a report of the conviction to the Illinois
16Department of State Police Firearm Owner's Identification Card
17Office to enable the office to perform its duties under
18Sections 4 and 8 of the Firearm Owners Identification Card Act
19and to report that determination to the Federal Bureau of
20Investigation to assist the Bureau in identifying persons
21prohibited from purchasing and possessing a firearm pursuant
22to the provisions of 18 U.S.C. 922. The written determination
23described in this Section shall be included in the defendant's
24record of arrest and conviction in the manner and form
25prescribed by the Illinois Department of State Police.

 

 

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1(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
2    (20 ILCS 2630/3)  (from Ch. 38, par. 206-3)
3    Sec. 3. Information to be furnished peace officers and
4commanding officers of certain military installations in
5Illinois.
6    (A) The Illinois State Police Department shall file or
7cause to be filed all plates, photographs, outline pictures,
8measurements, descriptions and information which shall be
9received by it by virtue of its office and shall make a
10complete and systematic record and index of the same,
11providing thereby a method of convenient reference and
12comparison. The Illinois State Police Department shall
13furnish, upon application, all information pertaining to the
14identification of any person or persons, a plate, photograph,
15outline picture, description, measurements, or any data of
16which there is a record in its office. Such information shall
17be furnished to peace officers of the United States, of other
18states or territories, of the Insular possessions of the
19United States, of foreign countries duly authorized to receive
20the same, to all peace officers of the State of Illinois, to
21investigators of the Illinois Law Enforcement Training
22Standards Board and, conviction information only, to units of
23local government, school districts, private organizations, and
24requesting institutions as defined in Section 2605-345 of the
25Illinois Department of State Police Law under the provisions

 

 

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1of Section 2605-10, 2605-15, 2605-51, 2605-52, 2605-75,
22605-100, 2605-105, 2605-110, 2605-115, 2605-120, 2605-130,
32605-140, 2605-190, 2605-200, 2605-205, 2605-210, 2605-215,
42605-250, 2605-275, 2605-300, 2605-305, 2605-315, 2605-325,
52605-335, 2605-340, 2605-345, 2605-350, 2605-355, 2605-360,
62605-365, 2605-375, 2605-390, 2605-400, 2605-405, 2605-420,
72605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the
8Illinois Department of State Police Law (20 ILCS 2605/2605-10,
92605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,
102605/2605-110, 2605/2605-115, 2605/2605-120, 2605/2605-130,
112605/2605-140, 2605/2605-190, 2605/2605-200, 2605/2605-205,
122605/2605-210, 2605/2605-215, 2605/2605-250, 2605/2605-275,
132605/2605-300, 2605/2605-305, 2605/2605-315, 2605/2605-325,
142605/2605-335, 2605/2605-340, 2605/2605-350, 2605/2605-355,
152605/2605-360, 2605/2605-365, 2605/2605-375, 2605/2605-390,
162605/2605-400, 2605/2605-405, 2605/2605-420, 2605/2605-430,
172605/2605-435, 2605/2605-500, 2605/2605-525, or
182605/2605-550). Applications shall be in writing and
19accompanied by a certificate, signed by the peace officer or
20chief administrative officer or his designee making such
21application, to the effect that the information applied for is
22necessary in the interest of and will be used solely in the due
23administration of the criminal laws or for the purpose of
24evaluating the qualifications and character of employees,
25prospective employees, volunteers, or prospective volunteers
26of units of local government, school districts, and private

 

 

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1organizations, or for the purpose of evaluating the character
2of persons who may be granted or denied access to municipal
3utility facilities under Section 11-117.1-1 of the Illinois
4Municipal Code.
5    For the purposes of this subsection, "chief administrative
6officer" is defined as follows:
7        a) The city manager of a city or, if a city does not
8    employ a city manager, the mayor of the city.
9        b) The manager of a village or, if a village does not
10    employ a manager, the president of the village.
11        c) The chairman or president of a county board or, if a
12    county has adopted the county executive form of
13    government, the chief executive officer of the county.
14        d) The president of the school board of a school
15    district.
16        e) The supervisor of a township.
17        f) The official granted general administrative control
18    of a special district, an authority, or organization of
19    government establishment by law which may issue
20    obligations and which either may levy a property tax or
21    may expend funds of the district, authority, or
22    organization independently of any parent unit of
23    government.
24        g) The executive officer granted general
25    administrative control of a private organization defined
26    in Section 2605-335 of the Illinois Department of State

 

 

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1    Police Law (20 ILCS 2605/2605-335).
2    (B) Upon written application and payment of fees
3authorized by this subsection, State agencies and units of
4local government, not including school districts, are
5authorized to submit fingerprints of employees, prospective
6employees and license applicants to the Illinois State Police
7Department for the purpose of obtaining conviction information
8maintained by the Illinois State Police Department and the
9Federal Bureau of Investigation about such persons. The
10Illinois State Police Department shall submit such
11fingerprints to the Federal Bureau of Investigation on behalf
12of such agencies and units of local government. The Illinois
13State Police Department shall charge an application fee, based
14on actual costs, for the dissemination of conviction
15information pursuant to this subsection. The Illinois State
16Police Department is empowered to establish this fee and shall
17prescribe the form and manner for requesting and furnishing
18conviction information pursuant to this subsection.
19    (C) Upon payment of fees authorized by this subsection,
20the Illinois State Police Department shall furnish to the
21commanding officer of a military installation in Illinois
22having an arms storage facility, upon written request of such
23commanding officer or his designee, and in the form and manner
24prescribed by the Illinois State Police Department, all
25criminal history record information pertaining to any
26individual seeking access to such a storage facility, where

 

 

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1such information is sought pursuant to a federally-mandated
2security or criminal history check.
3    The Illinois State Police Department shall establish and
4charge a fee, not to exceed actual costs, for providing
5information pursuant to this subsection.
6(Source: P.A. 97-1120, eff. 1-1-13.)
 
7    (20 ILCS 2630/3.1)  (from Ch. 38, par. 206-3.1)
8    Sec. 3.1. (a) The Illinois State Police Department may
9furnish, pursuant to positive identification, records of
10convictions to the Department of Professional Regulation for
11the purpose of meeting registration or licensure requirements
12under the Private Detective, Private Alarm, Private Security,
13Fingerprint Vendor, and Locksmith Act of 2004.
14    (b) The Illinois State Police Department may furnish,
15pursuant to positive identification, records of convictions to
16policing bodies of this State for the purpose of assisting
17local liquor control commissioners in carrying out their duty
18to refuse to issue licenses to persons specified in paragraphs
19(4), (5) and (6) of Section 6-2 of the Liquor Control Act of
201934.
21    (c) The Illinois State Police Department shall charge an
22application fee, based on actual costs, for the dissemination
23of records pursuant to this Section. Fees received for the
24dissemination of records pursuant to this Section shall be
25deposited in the State Police Services Fund. The Illinois

 

 

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1State Police Department is empowered to establish this fee and
2to prescribe the form and manner for requesting and furnishing
3conviction information pursuant to this Section.
4    (d) Any dissemination of any information obtained pursuant
5to this Section to any person not specifically authorized
6hereby to receive or use it for the purpose for which it was
7disseminated shall constitute a violation of Section 7.
8(Source: P.A. 95-613, eff. 9-11-07.)
 
9    (20 ILCS 2630/3.3)
10    Sec. 3.3. Federal Rap Back Service.
11    (a) In this Section:
12    "National criminal history record check" means a check of
13criminal history records entailing the fingerprinting of the
14person and submission of the fingerprints to the United States
15Federal Bureau of Investigation for the purpose of obtaining
16the national criminal history record of the person from the
17Federal Bureau of Investigation.
18    "Rap Back Service" means the system that enables an
19authorized agency or entity to receive ongoing status
20notifications of any criminal history from the Illinois
21Department of State Police or the Federal Bureau of
22Investigation reported on a person whose fingerprints are
23registered in the system, after approval and implementation of
24the system.
25    (b) Agencies and entities in this State authorized by law

 

 

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1to conduct or obtain national criminal history background
2checks for persons shall be eligible to participate in the
3Federal Rap Back Service administered by the Illinois
4Department of State Police. The Illinois Department of State
5Police may submit fingerprints to the Federal Bureau of
6Investigation Rap Back Service to be retained in the Federal
7Bureau of Investigation Rap Back Service for the purpose of
8being searched by future submissions to the Federal Bureau of
9Investigation Rap Back Service, including latent fingerprint
10searches and to collect all Federal Rap Back Service fees from
11eligible agencies and entities wishing to participate in the
12Rap Back Service and remit those fees to the Federal Bureau of
13Investigation.
14    (c) The Illinois Department of State Police may adopt any
15rules necessary for implementation of this Section.
16(Source: P.A. 100-718, eff. 1-1-19.)
 
17    (20 ILCS 2630/4)  (from Ch. 38, par. 206-4)
18    Sec. 4. The Illinois State Police Department may use the
19following systems of identification: the Bertillon system, the
20fingerprint finger print system, and any system of measurement
21or identification that may be adopted by law or rule in the
22various penal institutions or bureaus of identification
23wherever located.
24    The Illinois State Police Department shall make a record
25consisting of duplicates of all measurements, processes,

 

 

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1operations, signaletic signalletic cards, plates, photographs,
2outline pictures, measurements, descriptions of and data
3relating to all persons confined in penal institutions
4wherever located, so far as the same are obtainable, in
5accordance with whatever system or systems may be found most
6efficient and practical.
7(Source: P.A. 98-756, eff. 7-16-14.)
 
8    (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)
9    Sec. 5. Arrest reports. All policing bodies of this State
10shall furnish to the Illinois State Police Department, daily,
11in the form and detail the Illinois State Police Department
12requires, fingerprints, descriptions, and ethnic and racial
13background data as provided in Section 4.5 of this Act of all
14persons who are arrested on charges of violating any penal
15statute of this State for offenses that are classified as
16felonies and Class A or B misdemeanors and of all minors of the
17age of 10 and over who have been arrested for an offense which
18would be a felony if committed by an adult, and may forward
19such fingerprints and descriptions for minors arrested for
20Class A or B misdemeanors. Moving or nonmoving traffic
21violations under the Illinois Vehicle Code shall not be
22reported except for violations of Chapter 4, Section 11-204.1,
23or Section 11-501 of that Code. In addition, conservation
24offenses, as defined in the Supreme Court Rule 501(c), that
25are classified as Class B misdemeanors shall not be reported.

 

 

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1Those law enforcement records maintained by the Illinois State
2Police Department for minors arrested for an offense prior to
3their 17th birthday, or minors arrested for a non-felony
4offense, if committed by an adult, prior to their 18th
5birthday, shall not be forwarded to the Federal Bureau of
6Investigation unless those records relate to an arrest in
7which a minor was charged as an adult under any of the transfer
8provisions of the Juvenile Court Act of 1987.
9(Source: P.A. 98-528, eff. 1-1-15.)
 
10    (20 ILCS 2630/7)  (from Ch. 38, par. 206-7)
11    Sec. 7. No file or record of the Illinois State Police
12Department hereby created shall be made public, except as
13provided in the "Illinois Uniform Conviction Information Act"
14or other Illinois law or as may be necessary in the
15identification of persons suspected or accused of crime and in
16their trial for offenses committed after having been
17imprisoned for a prior offense; and no information of any
18character relating to its records shall be given or furnished
19by the Illinois State Police said Department to any person,
20bureau or institution other than as provided in this Act or
21other State law, or when a governmental unit is required by
22state or federal law to consider such information in the
23performance of its duties. Violation of this Section shall
24constitute a Class A misdemeanor.
25    However, if an individual requests the Illinois State

 

 

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1Police Department to release information as to the existence
2or nonexistence of any criminal record he might have, the
3Illinois State Police Department shall do so upon determining
4that the person for whom the record is to be released is
5actually the person making the request. The Illinois State
6Police Department shall establish reasonable fees and rules to
7allow an individual to review and correct any criminal history
8record information the Illinois State Police Department may
9hold concerning that individual upon verification of the
10identity of the individual. Such rulemaking is subject to the
11provisions of the Illinois Administrative Procedure Act.
12(Source: P.A. 85-922.)
 
13    (20 ILCS 2630/7.5)
14    Sec. 7.5. Notification of outstanding warrant. If the
15existence of an outstanding arrest warrant is identified by
16the Illinois Department of State Police in connection with the
17criminal history background checks conducted pursuant to
18subsection (b) of Section 2-201.5 of the Nursing Home Care
19Act, Section 2-201.5 of the ID/DD Community Care Act, Section
202-201.5 of the MC/DD Act, or subsection (d) of Section 6.09 of
21the Hospital Licensing Act, the Illinois State Police
22Department shall notify the jurisdiction issuing the warrant
23of the following:
24        (1) Existence of the warrant.
25        (2) The name, address, and telephone number of the

 

 

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1    licensed long term care facility in which the wanted
2    person resides.
3    Local issuing jurisdictions shall be aware that nursing
4facilities have residents who may be fragile or vulnerable or
5who may have a mental illness. When serving a warrant, law
6enforcement shall make every attempt to mitigate the adverse
7impact on other facility residents.
8(Source: P.A. 99-180, eff. 7-29-15.)
 
9    (20 ILCS 2630/8)  (from Ch. 38, par. 206-8)
10    Sec. 8. Crime statistics; sex offenders.
11    (a) The Illinois State Police Department shall be a
12central repository and custodian of crime statistics for the
13State and it shall have all power incident thereto to carry out
14the purposes of this Act, including the power to demand and
15receive cooperation in the submission of crime statistics from
16all units of government. On an annual basis, the Illinois
17Criminal Justice Information Authority shall make available
18compilations published by the Authority of crime statistics
19required to be reported by each policing body of the State, the
20clerks of the circuit court of each county, the Illinois
21Department of Corrections, the Sheriff of each county, and the
22State's Attorney of each county, including, but not limited
23to, criminal arrest, charge and disposition information.
24    (b) The Illinois State Police Department shall develop
25information relating to the number of sex offenders and sexual

 

 

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1predators as defined in Section 2 of the Sex Offender
2Registration Act who are placed on parole, mandatory
3supervised release, or extended mandatory supervised release
4and who are subject to electronic monitoring.
5(Source: P.A. 94-988, eff. 1-1-07.)
 
6    (20 ILCS 2630/9)  (from Ch. 38, par. 206-9)
7    Sec. 9. (a) Every county medical examiner and coroner
8shall, in every death investigation where the identity of a
9dead body cannot be determined by visual means, fingerprints,
10or other identifying data, have a qualified dentist, as
11determined by the county medical examiner or coroner, conduct
12a dental examination of the dead body. If the county medical
13examiner or coroner, with the aid of the dental examination
14and other identifiers, is still unable to establish the
15identity of the dead body, the medical examiner or coroner
16shall forthwith submit the dental records to the Illinois
17State Police Department.
18    (b) If a person reported missing has not been found within
1930 days, the law enforcement agency to whom the person was
20reported missing shall, within the next 5 days, make all
21necessary efforts to locate and request from the family or
22next of kin of the missing person written consent to contact
23and receive from the dentist of the missing person that
24person's dental records and shall forthwith make every
25reasonable effort to acquire such records. Within 5 days of

 

 

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1the receipt of the missing person's dental records, the law
2enforcement agency shall submit such records to the Illinois
3State Police Department.
4    (c) The Illinois State Police Department shall be the
5State central repository for all dental records submitted
6pursuant to this Section. The Illinois State Police Department
7may promulgate rules for the form and manner of submission of
8dental records, reporting of the location or identification of
9persons for whom dental records have been submitted and other
10procedures for program operations.
11    (d) When a person who has been reported missing is located
12and that person's dental records have been submitted to the
13Illinois State Police Department, the law enforcement agency
14which submitted that person's dental records to the Illinois
15State Police Department shall report that fact to the Illinois
16State Police Department and the Illinois State Police
17Department shall expunge the dental records of that person
18from the Illinois State Police's Department's file. The
19Illinois State Police Department shall also expunge from its
20files the dental records of those dead and missing persons who
21are positively identified as a result of comparisons made with
22its files, the files maintained by other states, territories,
23insular possessions of the United States, or the United
24States.
25(Source: P.A. 84-255.)
 

 

 

SB2037- 344 -LRB102 17120 WGH 22551 b

1    (20 ILCS 2630/9.5)
2    Sec. 9.5. Material for DNA fingerprint analysis. Every
3county medical examiner and coroner shall provide to the
4Illinois State Police Department a sample of dried blood and
5buccal specimens (tissue may be submitted if no uncontaminated
6blood or buccal specimens can be obtained) from a dead body for
7DNA fingerprint analysis if the Illinois State Police
8Department notifies the medical examiner or coroner that the
9Illinois State Police Department has determined that providing
10that sample may be useful for law enforcement purposes in a
11criminal investigation. In addition, if a local law
12enforcement agency notifies a county medical examiner or
13coroner that such a sample would be useful in a criminal
14examination, the county medical examiner or coroner shall
15provide a sample to the local law enforcement agency for
16submission to the Illinois State Police Department.
17(Source: P.A. 95-500, eff. 1-1-08.)
 
18    (20 ILCS 2630/10)  (from Ch. 38, par. 206-10)
19    Sec. 10. Judicial Remedies. The Attorney General or a
20State's Attorney may bring suit in the circuit courts to
21prevent and restrain violations of the Illinois Uniform
22Conviction Information Act, enacted by the 85th General
23Assembly and to enforce the reporting provisions of Section
242.1 of this Act. The Illinois Department of State Police may
25request the Attorney General to bring any such action

 

 

SB2037- 345 -LRB102 17120 WGH 22551 b

1authorized by this subsection.
2(Source: P.A. 85-922.)
 
3    (20 ILCS 2630/13)
4    Sec. 13. Retention and release of sealed records.
5    (a) The Illinois Department of State Police shall retain
6records sealed under subsection (c) or (e-5) of Section 5.2 or
7impounded under subparagraph (B) or (B-5) of paragraph (9) of
8subsection (d) of Section 5.2 and shall release them only as
9authorized by this Act. Felony records sealed under subsection
10(c) or (e-5) of Section 5.2 or impounded under subparagraph
11(B) or (B-5) of paragraph (9) of subsection (d) of Section 5.2
12shall be used and disseminated by the Illinois State Police
13Department only as otherwise specifically required or
14authorized by a federal or State law, rule, or regulation that
15requires inquiry into and release of criminal records,
16including, but not limited to, subsection (A) of Section 3 of
17this Act. However, all requests for records that have been
18expunged, sealed, and impounded and the use of those records
19are subject to the provisions of Section 2-103 of the Illinois
20Human Rights Act. Upon conviction for any offense, the
21Department of Corrections shall have access to all sealed
22records of the Illinois State Police Department pertaining to
23that individual.
24    (b) Notwithstanding the foregoing, all sealed or impounded
25records are subject to inspection and use by the court and

 

 

SB2037- 346 -LRB102 17120 WGH 22551 b

1inspection and use by law enforcement agencies and State's
2Attorneys or other prosecutors in carrying out the duties of
3their offices.
4    (c) The sealed or impounded records maintained under
5subsection (a) are exempt from disclosure under the Freedom of
6Information Act.
7    (d) The Illinois Department of State Police shall commence
8the sealing of records of felony arrests and felony
9convictions pursuant to the provisions of subsection (c) of
10Section 5.2 of this Act no later than one year from the date
11that funds have been made available for purposes of
12establishing the technologies necessary to implement the
13changes made by this amendatory Act of the 93rd General
14Assembly.
15(Source: P.A. 97-1026, eff. 1-1-13; 97-1120, eff. 1-1-13;
1698-399, eff. 8-16-13; 98-463, eff. 8-16-13.)
 
17    (20 ILCS 2630/14)
18    Sec. 14. Expungement Backlog Accountability Law.
19    (a) On or before August 1 of each year, the Illinois
20Department of State Police shall report to the Governor, the
21Attorney General, the Office of the State Appellate Defender,
22and both houses of the General Assembly the following
23information for the previous fiscal year:
24        (1) the number of petitions to expunge received by the
25    Illinois State Police Department;

 

 

SB2037- 347 -LRB102 17120 WGH 22551 b

1        (2) the number of petitions to expunge to which the
2    Illinois State Police Department objected pursuant to
3    subdivision (d)(5)(B) of Section 5.2 of this Act;
4        (3) the number of petitions to seal records received
5    by the Illinois State Police Department;
6        (4) the number of petitions to seal records to which
7    the Illinois State Police Department objected pursuant to
8    subdivision (d)(5)(B) of Section 5.2 of this Act;
9        (5) the number of orders to expunge received by the
10    Illinois State Police Department;
11        (6) the number of orders to expunge to which the
12    Illinois State Police Department successfully filed a
13    motion to vacate, modify or reconsider under paragraph
14    (12) of subsection (d) of Section 5.2 of this Act;
15        (7) the number of orders to expunge records entered by
16    the Illinois State Police Department;
17        (8) the number of orders to seal records received by
18    the Illinois State Police Department;
19        (9) the number of orders to seal records to which the
20    Illinois State Police Department successfully filed a
21    motion to vacate, modify or reconsider under paragraph
22    (12) of subsection (d) of Section 5.2 of this Act;
23        (10) the number of orders to seal records entered by
24    the Illinois State Police Department;
25        (11) the amount of fees received by the Illinois State
26    Police Department pursuant to subdivision (d)(10) of

 

 

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1    Section 5.2 of this Act and deposited into the State
2    Police Services Fund;
3        (12) the number of orders to expunge or to seal
4    records received by the Illinois State Police Department
5    that have not been entered as of June 30 of the previous
6    fiscal year.
7    (b) The information reported under this Section shall be
8made available to the public, at the time it is reported, on
9the official web site of the Illinois Department of State
10Police.
11    (c) Upon request of a State's Attorney or the Attorney
12General, the Illinois State Police Department shall provide
13within 90 days a list of all orders to expunge or seal with
14which the Illinois State Police Department has not yet
15complied. This list shall include the date of the order, the
16name of the petitioner, the case number, and a detailed
17statement of the basis for non-compliance.
18(Source: P.A. 98-163, eff. 8-5-13.)
 
19    Section 225. The Illinois Uniform Conviction Information
20Act is amended by changing the title of the Act and Sections 2,
213, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 19, 20, and 21
22as follows:
 
23    (20 ILCS 2635/Act title)
24An Act providing for uniform, public access to conviction

 

 

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1records maintained by the Illinois Department of State Police,
2amending certain Acts in relation thereto.
 
3    (20 ILCS 2635/2)  (from Ch. 38, par. 1602)
4    Sec. 2. Legislative Findings and Purposes. (A) The
5legislature finds and hereby declares that conviction
6information maintained by the Illinois Department of State
7Police shall be publicly available in the State of Illinois.
8    (B) The purpose of this Act is: (1) to establish uniform
9policy for gaining access to and disseminating conviction
10information maintained by the State of Illinois; (2) to
11establish guidelines and priorities which fully support
12effective law enforcement and ongoing criminal investigations
13and which ensure that conviction information is made
14accessible within appropriate time frames; (3) to ensure the
15accuracy and completeness of conviction information in the
16State of Illinois; and (4) to establish procedures for
17effectively correcting errors and providing individuals with
18redress of grievances in the event that inaccurate or
19incomplete information may be disseminated about them.
20(Source: P.A. 85-922.)
 
21    (20 ILCS 2635/3)  (from Ch. 38, par. 1603)
22    Sec. 3. Definitions. Whenever used in this Act, and for
23the purposes of this Act, unless the context clearly indicates
24otherwise:

 

 

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1    (A) "Accurate" means factually correct, containing no
2mistake or error of a material nature.
3    (B) The phrase "administer the criminal laws" includes any
4of the following activities: intelligence gathering,
5surveillance, criminal investigation, crime detection and
6prevention (including research), apprehension, detention,
7pretrial or post-trial release, prosecution, the correctional
8supervision or rehabilitation of accused persons or criminal
9offenders, criminal identification activities, data analysis
10and research done by the sentencing commission, or the
11collection, maintenance or dissemination of criminal history
12record information.
13    (C) "The Authority" means the Illinois Criminal Justice
14Information Authority.
15    (D) "Automated" means the utilization of computers,
16telecommunication lines, or other automatic data processing
17equipment for data collection or storage, analysis,
18processing, preservation, maintenance, dissemination, or
19display and is distinguished from a system in which such
20activities are performed manually.
21    (E) "Complete" means accurately reflecting all the
22criminal history record information about an individual that
23is required to be reported to the Illinois State Police
24Department pursuant to Section 2.1 of the Criminal
25Identification Act.
26    (F) "Conviction information" means data reflecting a

 

 

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1judgment of guilt or nolo contendere. The term includes all
2prior and subsequent criminal history events directly relating
3to such judgments, such as, but not limited to: (1) the
4notation of arrest; (2) the notation of charges filed; (3) the
5sentence imposed; (4) the fine imposed; and (5) all related
6probation, parole, and release information. Information ceases
7to be "conviction information" when a judgment of guilt is
8reversed or vacated.
9    For purposes of this Act, continuances to a date certain
10in furtherance of an order of supervision granted under
11Section 5-6-1 of the Unified Code of Corrections or an order of
12probation granted under either Section 10 of the Cannabis
13Control Act, Section 410 of the Illinois Controlled Substances
14Act, Section 70 of the Methamphetamine Control and Community
15Protection Act, Section 12-4.3 or subdivision (b)(1) of
16Section 12-3.05 of the Criminal Code of 1961 or the Criminal
17Code of 2012, Section 10-102 of the Illinois Alcoholism and
18Other Drug Dependency Act, Section 40-10 of the Substance Use
19Disorder Act, or Section 10 of the Steroid Control Act shall
20not be deemed "conviction information".
21    (G) "Criminal history record information" means data
22identifiable to an individual, including information collected
23under Section 4.5 of the Criminal Identification Act, and
24consisting of descriptions or notations of arrests,
25detentions, indictments, informations, pretrial proceedings,
26trials, or other formal events in the criminal justice system

 

 

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1or descriptions or notations of criminal charges (including
2criminal violations of local municipal ordinances) and the
3nature of any disposition arising therefrom, including
4sentencing, court or correctional supervision, rehabilitation
5and release. The term does not apply to statistical records
6and reports in which individuals are not identified and from
7which their identities are not ascertainable, or to
8information that is for criminal investigative or intelligence
9purposes.
10    (H) "Criminal justice agency" means (1) a government
11agency or any subunit thereof which is authorized to
12administer the criminal laws and which allocates a substantial
13part of its annual budget for that purpose, or (2) an agency
14supported by public funds which is authorized as its principal
15function to administer the criminal laws and which is
16officially designated by the Illinois State Police Department
17as a criminal justice agency for purposes of this Act.
18    (I) (Blank). "The Department" means the Illinois
19Department of State Police.
20    (J) "Director" means the Director of the Illinois
21Department of State Police.
22    (K) "Disseminate" means to disclose or transmit conviction
23information in any form, oral, written, or otherwise.
24    (L) "Exigency" means pending danger or the threat of
25pending danger to an individual or property.
26    (M) "Non-criminal justice agency" means a State agency,

 

 

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1Federal agency, or unit of local government that is not a
2criminal justice agency. The term does not refer to private
3individuals, corporations, or non-governmental agencies or
4organizations.
5    (M-5) "Request" means the submission to the Illinois State
6Police Department, in the form and manner required, the
7necessary data elements or fingerprints, or both, to allow the
8Illinois State Police Department to initiate a search of its
9criminal history record information files.
10    (N) "Requester" means any private individual, corporation,
11organization, employer, employment agency, labor organization,
12or non-criminal justice agency that has made a request
13pursuant to this Act to obtain conviction information
14maintained in the files of the Illinois Department of State
15Police regarding a particular individual.
16    (O) "Statistical information" means data from which the
17identity of an individual cannot be ascertained,
18reconstructed, or verified and to which the identity of an
19individual cannot be linked by the recipient of the
20information.
21    (P) "Sentencing commission" means the Sentencing Policy
22Advisory Council.
23(Source: P.A. 99-880, eff. 8-22-16; 100-201, eff. 8-18-17;
24100-759, eff. 1-1-19.)
 
25    (20 ILCS 2635/4)  (from Ch. 38, par. 1604)

 

 

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1    Sec. 4. Applicability.
2    (A) The provisions of this Act shall apply only to
3conviction information mandated by statute to be reported to
4or to be collected, maintained, or disseminated by the
5Illinois Department of State Police.
6    (B) The provisions of this Act shall not apply to
7statistical information.
8    (C) In the event of conflict between the application of
9this Act and the statutes listed in paragraphs (1), (2), (3),
10(4), or (5) below, the statutes listed below, as hereafter
11amended, shall control unless specified otherwise:
12        (1) The Juvenile Court Act of 1987; or
13        (2) Section 5-3-4 of the Unified Code of Corrections;
14    or
15        (3) Paragraph (4) of Section 12 of the Probation and
16    Probation Officers Act; or
17        (4) Section 2.1 of the Criminal Identification Act; or
18        (5) The Pretrial Services Act.
19(Source: P.A. 89-198, eff. 7-21-95; 89-626, eff. 8-9-96.)
 
20    (20 ILCS 2635/5)  (from Ch. 38, par. 1605)
21    Sec. 5. Public Availability of Conviction Information. All
22conviction information mandated by statute to be collected and
23maintained by the Illinois Department of State Police shall be
24open to public inspection in the State of Illinois. All
25persons, state agencies and units of local government shall

 

 

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1have access to inspect, examine and reproduce such
2information, in accordance with this Act, and shall have the
3right to take memoranda and abstracts concerning such
4information, except to the extent that the provisions of this
5Act or other Illinois statutes might create specific
6restrictions on the use or disclosure of such information.
7(Source: P.A. 85-922.)
 
8    (20 ILCS 2635/6)  (from Ch. 38, par. 1606)
9    Sec. 6. Dissemination Time Frames and Priorities. (A) The
10Illinois State Police's Department's duty and obligation to
11furnish criminal history record information to peace officers
12and criminal justice agencies shall take precedence over any
13requirement of this Act to furnish conviction information to
14non-criminal justice agencies or to the public. When, in the
15judgment of the Director, such duties and obligations are
16being fulfilled in a timely manner, the Illinois State Police
17Department shall furnish conviction information to requesters
18in accordance with the provisions of this Act. The Illinois
19State Police Department may give priority to requests for
20conviction information from non-criminal justice agencies over
21other requests submitted pursuant to this Act.
22    (B) The Illinois State Police Department shall attempt to
23honor requests for conviction information made pursuant to
24this Act in the shortest time possible. Subject to the
25dissemination priorities of subsection (A) of this Section,

 

 

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1the Illinois State Police Department shall respond to a
2request for conviction information within 2 weeks from receipt
3of a request.
4(Source: P.A. 85-922.)
 
5    (20 ILCS 2635/7)  (from Ch. 38, par. 1607)
6    Sec. 7. Restrictions on the Use of Conviction Information.
7    (A) The following provisions shall apply to requests
8submitted pursuant to this Act for employment or licensing
9purposes or submitted to comply with the provisions of
10subsection (B) of this Section:
11        (1) A requester shall, in the form and manner
12    prescribed by the Illinois State Police Department, submit
13    a request to the Illinois State Police Department, and
14    maintain on file for at least 2 years a release signed by
15    the individual to whom the information request pertains.
16    The Illinois State Police Department shall furnish the
17    requester with a copy of its response.
18        (2) Each requester of conviction information furnished
19    by the Illinois State Police Department shall provide the
20    individual named in the request with a copy of the
21    response furnished by the Illinois State Police
22    Department. Within 7 working days of receipt of such copy,
23    the individual shall have the obligation and
24    responsibility to notify the requester if the information
25    is inaccurate or incomplete.

 

 

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1        (3) Unless notified by the individual named in the
2    request or by the Illinois State Police Department that
3    the information furnished is inaccurate or incomplete, no
4    requester of conviction information shall be liable for
5    damages to any person to whom the information pertains for
6    actions the requester may reasonably take in reliance on
7    the accuracy and completeness of conviction information
8    received from the Illinois State Police Department
9    pursuant to this act, if: (a) the requester in good faith
10    believes the conviction information furnished by the
11    Illinois State Police Department to be accurate and
12    complete; (b) the requester has complied with the
13    requirements of paragraphs (1) and (2) of this subsection
14    (A); and (c) the identifying information submitted by the
15    requester to the Illinois State Police Department is
16    accurate with respect to the individual about whom the
17    information was requested.
18        (4) Consistent with rules adopted by the Illinois
19    State Police Department pursuant to Section 7 of the
20    Criminal Identification Act "An Act in relation to
21    criminal identification and investigation", approved July
22    2, 1931, as amended, the individual to whom the conviction
23    information pertains may initiate proceedings directly
24    with the Illinois State Police Department to challenge or
25    correct a record furnished by the Illinois State Police
26    Department pursuant to this subsection (A). Such

 

 

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1    correction proceedings shall be given priority over other
2    individual record review and challenges filed with the
3    Illinois State Police Department.
4    (B) Regardless of the purpose of the request, no requester
5of conviction information shall be liable for damages to any
6person to whom the information pertains for actions the
7requester may reasonably take in reliance on the accuracy and
8completeness of conviction information received from the
9Illinois State Police Department pursuant to this Act, if: (1)
10the requester in good faith believes the conviction
11information furnished by the Illinois State Police Department
12to be accurate and complete; (2) the requester has complied
13with the requirements of paragraphs (1) and (2) of subsection
14(A) of this Section; and (3) the identifying information
15submitted by the requester to the Illinois State Police
16Department is accurate with respect to the individual about
17whom the information was requested.
18(Source: P.A. 88-368.)
 
19    (20 ILCS 2635/8)  (from Ch. 38, par. 1608)
20    Sec. 8. Form, Manner and Fees for Requesting and Obtaining
21Conviction Information.
22    (A) The Illinois State Police Department shall prescribe
23the form and manner for requesting and furnishing conviction
24information pursuant to this Act. The Illinois State Police
25Department shall prescribe the types of identifying

 

 

SB2037- 359 -LRB102 17120 WGH 22551 b

1information that must be submitted to the Illinois State
2Police Department in order to process any request for
3conviction information and the form and manner for making such
4application, consistent with this Act.
5    (B) The Illinois State Police Department shall establish
6the maximum fee it shall charge and assess for processing
7requests for conviction information, and the Authority shall
8establish the maximum fee that other criminal justice agencies
9shall charge and assess for processing requests for conviction
10information pursuant to this Act. Such fees shall include the
11general costs associated with performing a search for all
12information about each person for which a request is received
13including classification, search, retrieval, reproduction,
14manual and automated data processing, telecommunications
15services, supplies, mailing and those general costs associated
16with the inquiries required by subsection (B) of Section 9 and
17Section 13 of this Act, and, when applicable, such fees shall
18provide for the direct payment to or reimbursement of a
19criminal justice agency for assisting the requester or the
20Illinois State Police Department pursuant to this Act. In
21establishing the fees required by this Section, the Illinois
22State Police Department and the Authority may also take into
23account the costs relating to multiple or automated requests
24and disseminations and the costs relating to any other special
25factors or circumstances required by statute or rule. The
26maximum fees established by the Authority pursuant to this

 

 

SB2037- 360 -LRB102 17120 WGH 22551 b

1Section may be waived or reduced at the discretion of a
2criminal justice agency.
3(Source: P.A. 94-365, eff. 7-29-05.)
 
4    (20 ILCS 2635/9)  (from Ch. 38, par. 1609)
5    Sec. 9. Procedural Requirements for Disseminating
6Conviction Information.
7    (A) In accordance with the time parameters of Section 6
8and the requirements of subsection (B) of this Section 9, the
9Illinois State Police Department shall either: (1) transmit
10conviction information to the requester, including an
11explanation of any code or abbreviation; (2) explain to the
12requester why the information requested cannot be transmitted;
13or (3) inform the requester of any deficiency in the request.
14    (B) Prior to a non-automated dissemination or within 30
15days subsequent to an automated dissemination made pursuant to
16this Act, the Illinois State Police Department shall first
17conduct a formal update inquiry and review to make certain
18that the information disseminated is complete, except (1) in
19cases of exigency, (2) upon request of another criminal
20justice agency, (3) for conviction information that is less
21than 30 days old, or (4) for information intentionally
22fabricated upon the express written authorization of the
23Director of the Illinois State Police to support undercover
24law enforcement efforts.
25    It shall be the responsibility of the Illinois State

 

 

SB2037- 361 -LRB102 17120 WGH 22551 b

1Police Department to retain a record of every extra-agency
2dissemination of conviction information for a period of not
3less than 3 years. Such records shall be subject to audit by
4the Illinois State Police Department, and shall, upon request,
5be supplied to the individual to whom the information pertains
6for requests from members of the general public, corporations,
7organizations, employers, employment agencies, labor
8organizations and non-criminal justice agencies. At a minimum,
9the following information shall be recorded and retained by
10the Illinois State Police Department:
11        (1) The name of the individual to whom the
12    disseminated information pertains;
13        (2) The name of the individual requesting the
14    information;
15        (3) The date of the request;
16        (4) The name and address of the private individual,
17    corporation, organization, employer, employment agency,
18    labor organization or non-criminal justice agency
19    receiving the information; and
20        (5) The date of the dissemination.
21(Source: P.A. 91-357, eff. 7-29-99.)
 
22    (20 ILCS 2635/10)  (from Ch. 38, par. 1610)
23    Sec. 10. Dissemination requests Based Upon Fingerprint
24Identification. When fingerprint identification accompanies a
25request for conviction information maintained by the Illinois

 

 

SB2037- 362 -LRB102 17120 WGH 22551 b

1State Police Department, an appropriate statement shall be
2issued by the Illinois State Police Department indicating that
3the information furnished by the Illinois State Police
4Department positively pertains to the individual whose
5fingerprints were submitted and that the response contains all
6the conviction information that has been reported to the
7Illinois State Police Department pursuant to Section 2.1 of
8the Criminal Identification Act "An Act in relation to
9criminal identification and investigation", approved July 2,
101931, as amended.
11(Source: P.A. 85-922.)
 
12    (20 ILCS 2635/11)  (from Ch. 38, par. 1611)
13    Sec. 11. Dissemination requests Not Based Upon Fingerprint
14Identification. (A) When a requester is not legally mandated
15to submit positive fingerprint identification to the Illinois
16State Police Department or when a requester is precluded from
17submitting positive fingerprint identification to the Illinois
18State Police Department due to exigency, an appropriate
19warning shall be issued by the Illinois State Police
20Department indicating that the information furnished cannot be
21identified with certainty as pertaining to the individual
22named in the request and may only be relied upon as being
23accurate and complete if the requester has first complied with
24the requirements of subsection (B) of Section 7.
25    (B) If the identifying information submitted by the

 

 

SB2037- 363 -LRB102 17120 WGH 22551 b

1requester to the Illinois State Police Department corresponds
2to more than one individual found in the files maintained by
3the Illinois State Police Department, the Illinois State
4Police Department shall not disclose the information to the
5requester, unless it is determined by the Illinois State
6Police Department that dissemination is still warranted due to
7exigency or to administer the criminal laws. In such
8instances, the Illinois State Police Department may require
9the requester to submit additional identifying information or
10fingerprints in the form and manner prescribed by the Illinois
11State Police Department.
12(Source: P.A. 85-922.)
 
13    (20 ILCS 2635/12)  (from Ch. 38, par. 1612)
14    Sec. 12. Error Notification and Correction Procedure. It
15is the duty and responsibility of the Illinois State Police
16Department to maintain accurate and complete criminal history
17record information and to correct or update such information
18after determination by audit, individual review and challenge
19procedures, or by other verifiable means, that it is
20incomplete or inaccurate. Except as may be required for a
21longer period of time by Illinois law, the Illinois State
22Police Department shall notify a requester if a subsequent
23disposition of conviction or a subsequent modification of
24conviction information has been reported to the Illinois State
25Police Department within 30 days of responding to the

 

 

SB2037- 364 -LRB102 17120 WGH 22551 b

1requester.
2(Source: P.A. 85-922.)
 
3    (20 ILCS 2635/13)  (from Ch. 38, par. 1613)
4    Sec. 13. Limitation on Further Dissemination. Unless
5otherwise permitted by law or in the case of exigency, the
6subsequent dissemination of conviction information furnished
7by the Illinois State Police Department pursuant to this Act
8shall only be permitted by a requester for the 30 day period
9immediately following receipt of the information. Except as
10permitted in this Section, any requester still wishing to
11further disseminate or to rely on the accuracy and
12completeness of conviction information more than 30 days from
13receipt of the information from the Illinois State Police
14Department shall initiate a new request to the Illinois State
15Police Department for current information.
16(Source: P.A. 88-368.)
 
17    (20 ILCS 2635/14)  (from Ch. 38, par. 1614)
18    Sec. 14. Judicial Remedies. (A) The Attorney General or a
19State's Attorney may bring suit in the circuit courts to
20prevent and restrain violations of this Act and to enforce the
21reporting provisions of Section 2.1 of the Criminal
22Identification Act "An Act in relation to criminal
23identification and investigation", approved July 2, 1931, as
24amended. The Illinois State Police Department may request the

 

 

SB2037- 365 -LRB102 17120 WGH 22551 b

1Attorney General to bring any such action authorized by this
2subsection.
3    (B) An individual aggrieved by a violation of this Act by a
4State agency or unit of local government shall have the right
5to pursue a civil action for damages or other appropriate
6legal or equitable remedy, including an action to compel the
7Illinois State Police Department to disclose or correct
8conviction information in its files, once administrative
9remedies have been exhausted.
10    (C) Any civil action for damages alleging the negligent
11dissemination of inaccurate or incomplete conviction
12information by a State agency or by a unit of local government
13in violation of this Act may only be brought against the State
14agency or unit of local government and shall not be brought
15against any employee or official thereof.
16    (D) Civil remedies authorized by this Section may be
17brought in any circuit court of the State of Illinois in the
18county in which the violation occurs or in the county where the
19State agency or unit of local government is situated; except
20all damage claims against the State of Illinois for violations
21of this Act shall be determined by the Court of Claims.
22(Source: P.A. 85-922.)
 
23    (20 ILCS 2635/15)  (from Ch. 38, par. 1615)
24    Sec. 15. Civil Damages. (A) In any action brought pursuant
25to this Act, an individual aggrieved by any violation of this

 

 

SB2037- 366 -LRB102 17120 WGH 22551 b

1Act shall be entitled to recover actual and general
2compensatory damages for each violation, together with costs
3and attorney's fees reasonably incurred, consistent with
4Section 16 of this Act. In addition, an individual aggrieved
5by a willful violation of this Act shall be entitled to recover
6$1,000. In addition, an individual aggrieved by a non-willful
7violation of this Act for which there has been dissemination
8of inaccurate or incomplete conviction information shall be
9entitled to recover $200; provided, however, if conviction
10information is determined to be incomplete or inaccurate, by
11audit, by individual review and challenge procedures, or by
12other verifiable means, then the individual aggrieved shall
13only be entitled to recover such amount if the Illinois State
14Police Department fails to correct the information within 30
15days.
16    (B) For the purposes of this Act, the State of Illinois
17shall be liable for damages as provided in this Section and for
18attorney's fees and litigation costs as provided in Section 16
19of this Act. All damage claims against the State of Illinois or
20any of its agencies for violations of this Act shall be
21determined by the Court of Claims.
22    (C) For purposes of limiting the amount of civil damages
23that may be assessed against the State of Illinois or a unit of
24local government pursuant to this Section, a State agency, a
25unit of local government, and the officials or employees of a
26State agency or a unit of local government may in good faith

 

 

SB2037- 367 -LRB102 17120 WGH 22551 b

1rely upon the assurance of another State agency or unit of
2local government that conviction information is maintained or
3disseminated in compliance with the provisions of this Act.
4However, such reliance shall not constitute a defense with
5respect to equitable or declaratory relief.
6    (D) For purposes of limiting the amount of damages that
7may be assessed against the State of Illinois pursuant to this
8Section, the Illinois State Police Department may in good
9faith presume that the conviction information reported to it
10by a clerk of the circuit court or a criminal justice agency is
11accurate. However, such presumption shall not constitute a
12defense with respect to equitable or declaratory relief.
13(Source: P.A. 85-922.)
 
14    (20 ILCS 2635/17)  (from Ch. 38, par. 1617)
15    Sec. 17. Administrative Sanctions. The Illinois State
16Police Department shall refuse to comply with any request to
17furnish conviction information maintained in its files, if the
18requester has not acted in accordance with the requirements of
19this Act or rules and regulations issued pursuant thereto. The
20requester may appeal such a refusal by the Illinois State
21Police Department to the Director. Upon written application by
22the requester, the Director shall hold a hearing to determine
23whether dissemination of the requested information would be in
24violation of this Act or rules and regulations issued pursuant
25to it or other federal or State law pertaining to the

 

 

SB2037- 368 -LRB102 17120 WGH 22551 b

1collection, maintenance or dissemination of criminal history
2record information. When the Director finds such a violation,
3the Illinois State Police Department shall be prohibited from
4disseminating conviction information to the requester, under
5such terms and conditions and for such periods of time as the
6Director deems appropriate.
7(Source: P.A. 85-922.)
 
8    (20 ILCS 2635/19)  (from Ch. 38, par. 1619)
9    Sec. 19. Coordinating and Implementing Policy. The
10Illinois State Police Department shall adopt rules to
11prescribe the appropriate form, manner and fees for complying
12with the requirements of this Act. The Authority shall adopt
13rules to prescribe form, manner and maximum fees which the
14Authority is authorized to establish pursuant to subsection
15(B) of Section 8 of this Act. Such rulemaking is subject to the
16provisions of the Illinois Administrative Procedure Act.
17(Source: P.A. 85-922.)
 
18    (20 ILCS 2635/20)  (from Ch. 38, par. 1620)
19    Sec. 20. State Liability and Indemnification of Units of
20Local Government. (A) The State of Illinois shall guarantee
21the accuracy and completeness of conviction information
22disseminated by the Illinois State Police Department that is
23based upon fingerprint identification. The State of Illinois
24shall not be liable for the accuracy and completeness of any

 

 

SB2037- 369 -LRB102 17120 WGH 22551 b

1information disseminated upon identifying information other
2than fingerprints.
3    (B) The State of Illinois shall indemnify a clerk of the
4circuit court, a criminal justice agency, and their employees
5and officials from, and against, all damage claims brought by
6others due to dissemination by the Illinois State Police
7Department of inaccurate or incomplete conviction information
8based upon positive fingerprint identification, provided that
9the conviction information in question was initially reported
10to the Illinois State Police Department accurately and in the
11timely manner mandated by Section 2.1 of the Criminal
12Identification Act "An Act in relation to criminal
13identification and investigation", approved July 2, 1931, as
14amended.
15(Source: P.A. 85-922.)
 
16    (20 ILCS 2635/21)  (from Ch. 38, par. 1621)
17    Sec. 21. Audits. The Illinois State Police Department
18shall regularly conduct representative audits of the criminal
19history record keeping and criminal history record reporting
20policies, practices, and procedures of the repositories for
21such information in Illinois to ensure compliance with the
22provisions of this Act and Section 2.1 of the Criminal
23Identification Act "An Act in relation to criminal
24identification and investigation", approved July 2, 1931, as
25amended. The findings of such audits shall be reported to the

 

 

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1Governor, General Assembly, and, upon request, to members of
2the general public.
3(Source: P.A. 85-922.)
 
4    Section 230. The Criminal Diversion Racial Impact Data
5Collection Act is amended by changing Sections 5 and 15 as
6follows:
 
7    (20 ILCS 2637/5)
8    (Section scheduled to be repealed on December 31, 2021)
9    Sec. 5. Legislative intent. Racial and ethnic disparity in
10the criminal justice system, or the over-representation of
11certain minority groups compared to their representation in
12the general population, has been well documented, along with
13the harmful effects of such disproportionality. There is no
14single cause of the racial and ethnic disparity evident at
15every stage of the criminal justice system; suggested causes
16have included differing patterns of criminal activity, law
17enforcement activity, and discretionary decisions of criminal
18justice practitioners, along with effects of legislative
19policies. In order to make progress in reducing this harmful
20phenomenon, information on the racial composition of offenders
21at each stage of the criminal justice system must be
22systematically gathered and analyzed to lay the foundation for
23determining the impact of proposed remedies. Gaps of
24information at any stage will hamper valid analysis at

 

 

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1subsequent stages. At the earliest stages of the criminal
2justice system, systematic statewide information on arrested
3persons, including race and ethnicity, is collected in the
4Illinois State Police Criminal History Record Information
5System. However, under the Criminal Identification Act,
6systematic statewide information on the racial and ethnic
7composition of adults diverted from arrest by law enforcement
8and diverted from prosecution by each county's State's
9Attorney's office is not available. Therefore, it is the
10intent of this legislation to provide a mechanism by which
11statewide data on the race and ethnicity of offenders diverted
12from the criminal justice system before the filing of a court
13case can be provided by the criminal justice entity involved
14for future racial disparity impact analyses of the criminal
15justice system.
16(Source: P.A. 99-666, eff. 1-1-17.)
 
17    (20 ILCS 2637/15)
18    (Section scheduled to be repealed on December 31, 2021)
19    Sec. 15. Reporting; publication.
20    (a) Under the reporting guidelines for law enforcement
21agencies in Sections 2.1, 4.5, and 5 of the Criminal
22Identification Act, the Authority shall determine and report
23the number of persons arrested and released without being
24charged, and report the racial and ethnic composition of those
25persons.

 

 

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1    (b) Under the reporting guidelines for State's Attorneys
2in Sections 2.1, 4.5, and 5 of the Criminal Identification
3Act, the Authority shall determine and report the number of
4persons for which formal charges were dismissed, and the race
5and ethnicity of those persons.
6    (c) Under the reporting guidelines for circuit court
7clerks in Sections 2.1, 4.5, and 5 of the Criminal
8Identification Act, the Authority shall determine and report
9the number of persons admitted to a diversion from prosecution
10program, and the racial and ethnic composition of those
11persons, separated by each type of diversion program.
12    (d) The Authority shall publish the information received
13and an assessment of the quality of the information received,
14aggregated to the county level in the case of law enforcement
15reports, on its publicly available website for the previous
16calendar year, as affirmed by each reporting agency at the
17time of its report submission.
18    (e) The Authority, Illinois Department of State Police,
19Administrative Office of the Illinois Courts, and Illinois
20State's Attorneys Association may collaborate on any necessary
21training concerning the provisions of this Act.
22(Source: P.A. 99-666, eff. 1-1-17.)
 
23    Section 235. The Statewide Organized Gang Database Act is
24amended by changing Sections 5 and 10 as follows:
 

 

 

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1    (20 ILCS 2640/5)
2    Sec. 5. Definitions. As used in this Act:
3    "Department" means the Department of State Police.
4    "Director" means the Director of the Illinois State
5Police.
6    "Organized gang" has the meaning ascribed to it in Section
710 of the Illinois Streetgang Terrorism Omnibus Prevention
8Act.
9    A "SWORD terminal" is an interactive computerized
10communication and processing unit that permits a direct
11on-line communication with the Illinois Department of State
12Police's central data repository, the Statewide Organized Gang
13Database (SWORD).
14(Source: P.A. 87-932; 88-467.)
 
15    (20 ILCS 2640/10)
16    Sec. 10. Duties of the Illinois State Police Department.
17The Illinois State Police Department may:
18    (a) provide a uniform reporting format for the entry of
19pertinent information regarding the report of an arrested
20organized gang member or organized gang affiliate into SWORD;
21    (b) notify all law enforcement agencies that reports of
22arrested organized gang members or organized gang affiliates
23shall be entered into the database as soon as the minimum level
24of data specified by the Illinois State Police Department is
25available to the reporting agency, and that no waiting period

 

 

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1for the entry of that data exists;
2    (c) develop and implement a policy for notifying law
3enforcement agencies of the emergence of new organized gangs,
4or the change of a name or other identifying sign by an
5existing organized gang;
6    (d) compile and retain information regarding organized
7gangs and their members and affiliates, in a manner that
8allows the information to be used by law enforcement and other
9agencies, deemed appropriate by the Director, for
10investigative purposes;
11    (e) compile and maintain a historic data repository
12relating to organized gangs and their members and affiliates
13in order to develop and improve techniques utilized by law
14enforcement agencies and prosecutors in the investigation,
15apprehension, and prosecution of members and affiliates of
16organized gangs;
17    (f) create a quality control program regarding
18confirmation of organized gang membership and organized gang
19affiliation data, timeliness and accuracy of information
20entered into SWORD, and performance audits of all entering
21agencies;
22    (g) locate all law enforcement agencies that could, in the
23opinion of the Director, benefit from access to SWORD, and
24notify them of its existence; and
25    (h) cooperate with all law enforcement agencies wishing to
26gain access to the SWORD system, and facilitate their entry

 

 

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1into the system and their continued maintenance of access to
2it.
3(Source: P.A. 87-932.)
 
4    Section 240. The Statewide Senior Citizen Victimizer
5Database Act is amended by changing Sections 5 and 10 as
6follows:
 
7    (20 ILCS 2645/5)
8    Sec. 5. Definitions. In this Act:
9    "Department" means Department of State Police.
10    "Director" means the Director of the Illinois State
11Police.
12    "Senior citizen" means a person of the age of 60 years or
13older.
14    "Senior citizen victimizer" means a person who has been
15arrested for committing an offense against a senior citizen.
16    "Statewide Senior Citizen Victimizer Database Terminal"
17means an interactive computerized communication and processing
18unit that permits direct on-line communication with the
19Illinois Department of State Police's Statewide Senior Citizen
20Victimizer Database.
21(Source: P.A. 92-246, eff. 1-1-02.)
 
22    (20 ILCS 2645/10)
23    Sec. 10. Duties of the Illinois State Police Department.

 

 

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1The Illinois State Police Department may:
2    (a) Provide a uniform reporting format for the entry of
3pertinent information regarding the report of an arrested
4senior citizen victimizer into the Senior Citizen Victimizer
5Database Terminal;
6    (b) Notify all law enforcement agencies that reports of
7arrested senior citizen victimizers shall be entered into the
8database as soon as the minimum level of data of information
9specified by the Illinois State Police Department is available
10to the reporting agency, and that no waiting period for the
11entry of that data exists;
12    (c) Compile and maintain a data repository relating to
13senior citizen victimizers in order to gather information
14regarding the various modus operandi used to victimize senior
15citizens, groups that tend to routinely target senior
16citizens, areas of the State that senior citizen victimizers
17tend to frequent, and the type of persons senior citizen
18victimizers routinely target;
19    (d) Develop and improve techniques used by law enforcement
20agencies and prosecutors in the investigation, apprehension,
21and prosecution of senior citizen victimizers;
22    (e) Locate all law enforcement agencies that could, in the
23opinion of the Director, benefit from access to the Statewide
24Senior Citizen Victimizer Database, and notify them of its
25existence; and
26    (f) Cooperate with all law enforcement agencies wishing to

 

 

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1gain access to the Statewide Senior Citizen Victimizer
2Database system, and to facilitate their entry into the system
3and to their continued maintenance of access to it.
4(Source: P.A. 92-246, eff. 1-1-02.)
 
5    Section 245. The Department of Transportation Law of the
6Civil Administrative Code of Illinois is amended by changing
7Sections 2705-90, 2705-125, 2705-317, 2705-505.5, and
82705-505.6 as follows:
 
9    (20 ILCS 2705/2705-90)  (was 20 ILCS 2705/49.31)
10    Sec. 2705-90. Criminal history record information from
11Illinois Department of State Police. Whenever the Department
12is authorized or required by law to consider some aspect of
13criminal history record information for the purpose of
14carrying out its statutory powers and responsibilities, then,
15upon request and payment of fees in conformance with the
16requirements of Section 2605-400 of the Illinois Department of
17State Police Law (20 ILCS 2605/2605-400), the Illinois
18Department of State Police is authorized to furnish, pursuant
19to positive identification, the information contained in State
20files that is necessary to fulfill the request.
21(Source: P.A. 91-239, eff. 1-1-00.)
 
22    (20 ILCS 2705/2705-125)  (was 20 ILCS 2705/49.22)
23    Sec. 2705-125. Safety inspection of motor vehicles;

 

 

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1transfer from various State agencies. The Department has the
2power to administer, exercise, and enforce the rights, powers,
3and duties presently vested in the Illinois Department of
4State Police and the Division of State Troopers under the
5Illinois Vehicle Inspection Law, in the Illinois Commerce
6Commission, in the State Board of Education, and in the
7Secretary of State under laws relating to the safety
8inspection of motor vehicles operated by common carriers, of
9school buses, and of motor vehicles used in the transportation
10of school children and motor vehicles used in driver exam
11training schools for hire licensed under Article IV of the
12Illinois Driver Licensing Law or under any other law relating
13to the safety inspection of motor vehicles of the second
14division as defined in the Illinois Vehicle Code.
15(Source: P.A. 96-740, eff. 1-1-10.)
 
16    (20 ILCS 2705/2705-317)
17    Sec. 2705-317. Safe Routes to School Construction Program.
18    (a) Upon enactment of a federal transportation bill with a
19dedicated fund available to states for safe routes to schools,
20the Department, in cooperation with the State Board of
21Education and the Illinois Department of State Police, shall
22establish and administer a Safe Routes to School Construction
23Program for the construction of bicycle and pedestrian safety
24and traffic-calming projects using the federal Safe Routes to
25Schools Program funds.

 

 

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1    (b) The Department shall make construction grants
2available to local governmental agencies under the Safe Routes
3to School Construction Program based on the results of a
4statewide competition that requires submission of Safe Routes
5to School proposals for funding and that rates those proposals
6on all of the following factors:
7        (1) Demonstrated needs of the grant applicant.
8        (2) Potential of the proposal for reducing child
9    injuries and fatalities.
10        (3) Potential of the proposal for encouraging
11    increased walking and bicycling among students.
12        (4) Identification of safety hazards.
13        (5) Identification of current and potential walking
14    and bicycling routes to school.
15        (6) Consultation and support for projects by
16    school-based associations, local traffic engineers, local
17    elected officials, law enforcement agencies, and school
18    officials.
19        (7) Proximity to parks and other recreational
20    facilities.
21    With respect to the use of federal Safe Routes to Schools
22Program funds, prior to the award of a construction grant or
23the use of those funds for a Safe Routes to School project
24encompassing a highway, the Department shall consult with and
25obtain approval from the Illinois Department of State Police
26and the highway authority with jurisdiction to ensure that the

 

 

SB2037- 380 -LRB102 17120 WGH 22551 b

1Safe Routes to School proposal is consistent with a statewide
2pedestrian safety statistical analysis.
3    (c) On March 30, 2006 and each March 30th thereafter, the
4Department shall submit a report to the General Assembly
5listing and describing the projects funded under the Safe
6Routes to School Construction Program.
7    (d) The Department shall study the effectiveness of the
8Safe Routes to School Construction Program, with particular
9emphasis on the Program's effectiveness in reducing traffic
10accidents and its contribution to improving safety and
11reducing the number of child injuries and fatalities in the
12vicinity of a Safe Routes to School project. The Department
13shall submit a report to the General Assembly on or before
14December 31, 2006 regarding the results of the study.
15    (e) The Department, the State Board of Education, and the
16Illinois Department of State Police may adopt any rules
17necessary to implement this Section.
18(Source: P.A. 94-493, eff. 8-8-05.)
 
19    (20 ILCS 2705/2705-505.5)
20    Sec. 2705-505.5. Child abduction message signs. The
21Department of Transportation shall coordinate with the
22Illinois Department of State Police in the use of electronic
23message signs on roads and highways in the vicinity of a child
24abduction to immediately provide critical information to the
25public.

 

 

SB2037- 381 -LRB102 17120 WGH 22551 b

1(Source: P.A. 93-310, eff. 7-23-03.)
 
2    (20 ILCS 2705/2705-505.6)
3    Sec. 2705-505.6. Endangered Missing Persons Advisory
4message signs. The Department of Transportation shall
5coordinate with the Illinois Department of State Police in the
6use of electronic message signs on roads and highways to
7immediately provide critical information to the public
8concerning missing persons who are believed to be high risk,
9missing persons with Alzheimer's disease, other related
10dementia, or other dementia-like cognitive impairment, as
11allowed by federal guidelines.
12(Source: P.A. 99-322, eff. 1-1-16.)
 
13    Section 255. The State Fire Marshal Act is amended by
14changing Section 2 as follows:
 
15    (20 ILCS 2905/2)  (from Ch. 127 1/2, par. 2)
16    Sec. 2. The Office shall have the following powers and
17duties:
18        1. To exercise the rights, powers and duties which
19    have been vested by law in the Illinois Department of
20    State Police as the successor of the Department of Public
21    Safety, State Fire Marshal, inspectors, officers and
22    employees of the State Fire Marshal, including arson
23    investigation. Arson investigations conducted by the State

 

 

SB2037- 382 -LRB102 17120 WGH 22551 b

1    Fire Marshal's Office shall be conducted by State Fire
2    Marshal Arson Investigator Special Agents, who shall be
3    peace officers as provided in the Peace Officer Fire
4    Investigation Act.
5        2. To keep a record, as may be required by law, of all
6    fires occurring in the State, together with all facts,
7    statistics and circumstances, including the origin of
8    fires.
9        3. To exercise the rights, powers and duties which
10    have been vested in the Illinois Department of State
11    Police by the "Boiler and Pressure Vessel Safety Act",
12    approved August 7, 1951, as amended.
13        4. To administer the Illinois Fire Protection Training
14    Act.
15        5. To aid in the establishment and maintenance of the
16    training facilities and programs of the Illinois Fire
17    Service Institute.
18        6. To disburse Federal grants for fire protection
19    purposes to units of local government.
20        7. To pay to or in behalf of the City of Chicago for
21    the maintenance, expenses, facilities and structures
22    directly incident to the Chicago Fire Department training
23    program. Such payments may be made either as
24    reimbursements for expenditures previously made by the
25    City, or as payments at the time the City has incurred an
26    obligation which is then due and payable for such

 

 

SB2037- 383 -LRB102 17120 WGH 22551 b

1    expenditures. Payments for the Chicago Fire Department
2    training program shall be made only for those expenditures
3    which are not claimable by the City under "An Act relating
4    to fire protection training", certified November 9, 1971,
5    as amended.
6        8. To administer grants to areas not located in a fire
7    protection district or in a municipality which provides
8    fire protection services, to defray the organizational
9    expenses of forming a fire protection district.
10        9. In cooperation with the Illinois Environmental
11    Protection Agency, to administer the Illinois Leaking
12    Underground Storage Tank program in accordance with
13    Section 4 of this Act and Section 22.12 of the
14    Environmental Protection Act.
15        10. To expend state and federal funds as appropriated
16    by the General Assembly.
17        11. To provide technical assistance, to areas not
18    located in a fire protection district or in a municipality
19    which provides fire protection service, to form a fire
20    protection district, to join an existing district, or to
21    establish a municipal fire department, whichever is
22    applicable.
23        12. To exercise such other powers and duties as may be
24    vested in the Office by law.
25(Source: P.A. 100-67, eff. 8-11-17.)
 

 

 

SB2037- 384 -LRB102 17120 WGH 22551 b

1    Section 260. The Division of Banking Act is amended by
2changing Section 5 as follows:
 
3    (20 ILCS 3205/5)  (from Ch. 17, par. 455)
4    Sec. 5. Powers. In addition to all the other powers and
5duties provided by law, the Commissioner shall have the
6following powers:
7    (a) To exercise the rights, powers and duties formerly
8vested by law in the Director of Financial Institutions under
9the Illinois Banking Act.
10    (b) To exercise the rights, powers and duties formerly
11vested by law in the Department of Financial Institutions
12under "An act to provide for and regulate the administration
13of trusts by trust companies", approved June 15, 1887, as
14amended.
15    (c) To exercise the rights, powers and duties formerly
16vested by law in the Director of Financial Institutions under
17"An act authorizing foreign corporations, including banks and
18national banking associations domiciled in other states, to
19act in a fiduciary capacity in this state upon certain
20conditions herein set forth", approved July 13, 1953, as
21amended.
22    (c-5) To exercise all of the rights, powers, and duties
23granted to the Director or Secretary under the Illinois
24Banking Act, the Corporate Fiduciary Act, the Electronic Fund
25Transfer Act, the Illinois Bank Holding Company Act of 1957,

 

 

SB2037- 385 -LRB102 17120 WGH 22551 b

1the Savings Bank Act, the Illinois Savings and Loan Act of
21985, the Savings and Loan Share and Account Act, the
3Residential Mortgage License Act of 1987, and the Pawnbroker
4Regulation Act.
5    (c-15) To enter into cooperative agreements with
6appropriate federal and out-of-state state regulatory agencies
7to conduct and otherwise perform any examination of a
8regulated entity as authorized under the Illinois Banking Act,
9the Corporate Fiduciary Act, the Electronic Fund Transfer Act,
10the Illinois Bank Holding Company Act of 1957, the Savings
11Bank Act, the Illinois Savings and Loan Act of 1985, the
12Residential Mortgage License Act of 1987, and the Pawnbroker
13Regulation Act.
14    (d) Whenever the Commissioner is authorized or required by
15law to consider or to make findings regarding the character of
16incorporators, directors, management personnel, or other
17relevant individuals under the Illinois Banking Act, the
18Corporate Fiduciary Act, the Pawnbroker Regulation Act, or at
19other times as the Commissioner deems necessary for the
20purpose of carrying out the Commissioner's statutory powers
21and responsibilities, the Commissioner shall consider criminal
22history record information, including nonconviction
23information, pursuant to the Criminal Identification Act. The
24Commissioner shall, in the form and manner required by the
25Illinois Department of State Police and the Federal Bureau of
26Investigation, cause to be conducted a criminal history record

 

 

SB2037- 386 -LRB102 17120 WGH 22551 b

1investigation to obtain information currently contained in the
2files of the Illinois Department of State Police or the
3Federal Bureau of Investigation, provided that the
4Commissioner need not cause additional criminal history record
5investigations to be conducted on individuals for whom the
6Commissioner, a federal bank regulatory agency, or any other
7government agency has caused such investigations to have been
8conducted previously unless such additional investigations are
9otherwise required by law or unless the Commissioner deems
10such additional investigations to be necessary for the
11purposes of carrying out the Commissioner's statutory powers
12and responsibilities. The Illinois Department of State Police
13shall provide, on the Commissioner's request, information
14concerning criminal charges and their disposition currently on
15file with respect to a relevant individual. Information
16obtained as a result of an investigation under this Section
17shall be used in determining eligibility to be an
18incorporator, director, management personnel, or other
19relevant individual in relation to a financial institution or
20other entity supervised by the Commissioner. Upon request and
21payment of fees in conformance with the requirements of
22Section 2605-400 of the Illinois Department of State Police
23Law (20 ILCS 2605/2605-400), the Illinois Department of State
24Police is authorized to furnish, pursuant to positive
25identification, such information contained in State files as
26is necessary to fulfill the request.

 

 

SB2037- 387 -LRB102 17120 WGH 22551 b

1    (e) When issuing charters, permits, licenses, or other
2authorizations, the Commissioner may impose such terms and
3conditions on the issuance as he deems necessary or
4appropriate. Failure to abide by those terms and conditions
5may result in the revocation of the issuance, the imposition
6of corrective orders, or the imposition of civil money
7penalties.
8    (f) If the Commissioner has reasonable cause to believe
9that any entity that has not submitted an application for
10authorization or licensure is conducting any activity that
11would otherwise require authorization or licensure by the
12Commissioner, the Commissioner shall have the power to
13subpoena witnesses, to compel their attendance, to require the
14production of any relevant books, papers, accounts, and
15documents, and to conduct an examination of the entity in
16order to determine whether the entity is subject to
17authorization or licensure by the Commissioner or the
18Division. If the Secretary determines that the entity is
19subject to authorization or licensure by the Secretary, then
20the Secretary shall have the power to issue orders against or
21take any other action, including initiating a receivership
22against the unauthorized or unlicensed entity.
23    (g) The Commissioner may, through the Attorney General,
24request the circuit court of any county to issue an injunction
25to restrain any person from violating the provisions of any
26Act administered by the Commissioner.

 

 

SB2037- 388 -LRB102 17120 WGH 22551 b

1    (h) Whenever the Commissioner is authorized to take any
2action or required by law to consider or make findings, the
3Commissioner may delegate or appoint, in writing, an officer
4or employee of the Division to take that action or make that
5finding.
6    (i) Whenever the Secretary determines that it is in the
7public's interest, he or she may publish any cease and desist
8order or other enforcement action issued by the Division.
9(Source: P.A. 96-1365, eff. 7-28-10; 97-492, eff. 1-1-12.)
 
10    Section 265. The Illinois Emergency Management Agency Act
11is amended by changing Section 5 as follows:
 
12    (20 ILCS 3305/5)  (from Ch. 127, par. 1055)
13    Sec. 5. Illinois Emergency Management Agency.
14    (a) There is created within the executive branch of the
15State Government an Illinois Emergency Management Agency and a
16Director of the Illinois Emergency Management Agency, herein
17called the "Director" who shall be the head thereof. The
18Director shall be appointed by the Governor, with the advice
19and consent of the Senate, and shall serve for a term of 2
20years beginning on the third Monday in January of the
21odd-numbered year, and until a successor is appointed and has
22qualified; except that the term of the first Director
23appointed under this Act shall expire on the third Monday in
24January, 1989. The Director shall not hold any other

 

 

SB2037- 389 -LRB102 17120 WGH 22551 b

1remunerative public office. For terms ending before December
231, 2019, the Director shall receive an annual salary as set by
3the Compensation Review Board. For terms beginning after the
4effective date of this amendatory Act of the 100th General
5Assembly, the annual salary of the Director shall be as
6provided in Section 5-300 of the Civil Administrative Code of
7Illinois.
8    (b) The Illinois Emergency Management Agency shall obtain,
9under the provisions of the Personnel Code, technical,
10clerical, stenographic and other administrative personnel, and
11may make expenditures within the appropriation therefor as may
12be necessary to carry out the purpose of this Act. The agency
13created by this Act is intended to be a successor to the agency
14created under the Illinois Emergency Services and Disaster
15Agency Act of 1975 and the personnel, equipment, records, and
16appropriations of that agency are transferred to the successor
17agency as of June 30, 1988 (the effective date of this Act).
18    (c) The Director, subject to the direction and control of
19the Governor, shall be the executive head of the Illinois
20Emergency Management Agency and the State Emergency Response
21Commission and shall be responsible under the direction of the
22Governor, for carrying out the program for emergency
23management of this State. The Director shall also maintain
24liaison and cooperate with the emergency management
25organizations of this State and other states and of the
26federal government.

 

 

SB2037- 390 -LRB102 17120 WGH 22551 b

1    (d) The Illinois Emergency Management Agency shall take an
2integral part in the development and revision of political
3subdivision emergency operations plans prepared under
4paragraph (f) of Section 10. To this end it shall employ or
5otherwise secure the services of professional and technical
6personnel capable of providing expert assistance to the
7emergency services and disaster agencies. These personnel
8shall consult with emergency services and disaster agencies on
9a regular basis and shall make field examinations of the
10areas, circumstances, and conditions that particular political
11subdivision emergency operations plans are intended to apply.
12    (e) The Illinois Emergency Management Agency and political
13subdivisions shall be encouraged to form an emergency
14management advisory committee composed of private and public
15personnel representing the emergency management phases of
16mitigation, preparedness, response, and recovery. The Local
17Emergency Planning Committee, as created under the Illinois
18Emergency Planning and Community Right to Know Act, shall
19serve as an advisory committee to the emergency services and
20disaster agency or agencies serving within the boundaries of
21that Local Emergency Planning Committee planning district for:
22        (1) the development of emergency operations plan
23    provisions for hazardous chemical emergencies; and
24        (2) the assessment of emergency response capabilities
25    related to hazardous chemical emergencies.
26    (f) The Illinois Emergency Management Agency shall:

 

 

SB2037- 391 -LRB102 17120 WGH 22551 b

1        (1) Coordinate the overall emergency management
2    program of the State.
3        (2) Cooperate with local governments, the federal
4    government and any public or private agency or entity in
5    achieving any purpose of this Act and in implementing
6    emergency management programs for mitigation,
7    preparedness, response, and recovery.
8        (2.5) Develop a comprehensive emergency preparedness
9    and response plan for any nuclear accident in accordance
10    with Section 65 of the Nuclear Safety Law of 2004 and in
11    development of the Illinois Nuclear Safety Preparedness
12    program in accordance with Section 8 of the Illinois
13    Nuclear Safety Preparedness Act.
14        (2.6) Coordinate with the Department of Public Health
15    with respect to planning for and responding to public
16    health emergencies.
17        (3) Prepare, for issuance by the Governor, executive
18    orders, proclamations, and regulations as necessary or
19    appropriate in coping with disasters.
20        (4) Promulgate rules and requirements for political
21    subdivision emergency operations plans that are not
22    inconsistent with and are at least as stringent as
23    applicable federal laws and regulations.
24        (5) Review and approve, in accordance with Illinois
25    Emergency Management Agency rules, emergency operations
26    plans for those political subdivisions required to have an

 

 

SB2037- 392 -LRB102 17120 WGH 22551 b

1    emergency services and disaster agency pursuant to this
2    Act.
3        (5.5) Promulgate rules and requirements for the
4    political subdivision emergency management exercises,
5    including, but not limited to, exercises of the emergency
6    operations plans.
7        (5.10) Review, evaluate, and approve, in accordance
8    with Illinois Emergency Management Agency rules, political
9    subdivision emergency management exercises for those
10    political subdivisions required to have an emergency
11    services and disaster agency pursuant to this Act.
12        (6) Determine requirements of the State and its
13    political subdivisions for food, clothing, and other
14    necessities in event of a disaster.
15        (7) Establish a register of persons with types of
16    emergency management training and skills in mitigation,
17    preparedness, response, and recovery.
18        (8) Establish a register of government and private
19    response resources available for use in a disaster.
20        (9) Expand the Earthquake Awareness Program and its
21    efforts to distribute earthquake preparedness materials to
22    schools, political subdivisions, community groups, civic
23    organizations, and the media. Emphasis will be placed on
24    those areas of the State most at risk from an earthquake.
25    Maintain the list of all school districts, hospitals,
26    airports, power plants, including nuclear power plants,

 

 

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1    lakes, dams, emergency response facilities of all types,
2    and all other major public or private structures which are
3    at the greatest risk of damage from earthquakes under
4    circumstances where the damage would cause subsequent harm
5    to the surrounding communities and residents.
6        (10) Disseminate all information, completely and
7    without delay, on water levels for rivers and streams and
8    any other data pertaining to potential flooding supplied
9    by the Division of Water Resources within the Department
10    of Natural Resources to all political subdivisions to the
11    maximum extent possible.
12        (11) Develop agreements, if feasible, with medical
13    supply and equipment firms to supply resources as are
14    necessary to respond to an earthquake or any other
15    disaster as defined in this Act. These resources will be
16    made available upon notifying the vendor of the disaster.
17    Payment for the resources will be in accordance with
18    Section 7 of this Act. The Illinois Department of Public
19    Health shall determine which resources will be required
20    and requested.
21        (11.5) In coordination with the Illinois Department of
22    State Police, develop and implement a community outreach
23    program to promote awareness among the State's parents and
24    children of child abduction prevention and response.
25        (12) Out of funds appropriated for these purposes,
26    award capital and non-capital grants to Illinois hospitals

 

 

SB2037- 394 -LRB102 17120 WGH 22551 b

1    or health care facilities located outside of a city with a
2    population in excess of 1,000,000 to be used for purposes
3    that include, but are not limited to, preparing to respond
4    to mass casualties and disasters, maintaining and
5    improving patient safety and quality of care, and
6    protecting the confidentiality of patient information. No
7    single grant for a capital expenditure shall exceed
8    $300,000. No single grant for a non-capital expenditure
9    shall exceed $100,000. In awarding such grants, preference
10    shall be given to hospitals that serve a significant
11    number of Medicaid recipients, but do not qualify for
12    disproportionate share hospital adjustment payments under
13    the Illinois Public Aid Code. To receive such a grant, a
14    hospital or health care facility must provide funding of
15    at least 50% of the cost of the project for which the grant
16    is being requested. In awarding such grants the Illinois
17    Emergency Management Agency shall consider the
18    recommendations of the Illinois Hospital Association.
19        (13) Do all other things necessary, incidental or
20    appropriate for the implementation of this Act.
21    (g) The Illinois Emergency Management Agency is authorized
22to make grants to various higher education institutions,
23public K-12 school districts, area vocational centers as
24designated by the State Board of Education, inter-district
25special education cooperatives, regional safe schools, and
26nonpublic K-12 schools for safety and security improvements.

 

 

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1For the purpose of this subsection (g), "higher education
2institution" means a public university, a public community
3college, or an independent, not-for-profit or for-profit
4higher education institution located in this State. Grants
5made under this subsection (g) shall be paid out of moneys
6appropriated for that purpose from the Build Illinois Bond
7Fund. The Illinois Emergency Management Agency shall adopt
8rules to implement this subsection (g). These rules may
9specify: (i) the manner of applying for grants; (ii) project
10eligibility requirements; (iii) restrictions on the use of
11grant moneys; (iv) the manner in which the various higher
12education institutions must account for the use of grant
13moneys; and (v) any other provision that the Illinois
14Emergency Management Agency determines to be necessary or
15useful for the administration of this subsection (g).
16    (g-5) The Illinois Emergency Management Agency is
17authorized to make grants to not-for-profit organizations
18which are exempt from federal income taxation under section
19501(c)(3) of the Federal Internal Revenue Code for eligible
20security improvements that assist the organization in
21preventing, preparing for, or responding to acts of terrorism.
22The Director shall establish procedures and forms by which
23applicants may apply for a grant and procedures for
24distributing grants to recipients. The procedures shall
25require each applicant to do the following:
26        (1) identify and substantiate prior threats or attacks

 

 

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1    by a terrorist organization, network, or cell against the
2    not-for-profit organization;
3        (2) indicate the symbolic or strategic value of one or
4    more sites that renders the site a possible target of
5    terrorism;
6        (3) discuss potential consequences to the organization
7    if the site is damaged, destroyed, or disrupted by a
8    terrorist act;
9        (4) describe how the grant will be used to integrate
10    organizational preparedness with broader State and local
11    preparedness efforts;
12        (5) submit a vulnerability assessment conducted by
13    experienced security, law enforcement, or military
14    personnel, and a description of how the grant award will
15    be used to address the vulnerabilities identified in the
16    assessment; and
17        (6) submit any other relevant information as may be
18    required by the Director.
19    The Agency is authorized to use funds appropriated for the
20grant program described in this subsection (g-5) to administer
21the program.
22    (h) Except as provided in Section 17.5 of this Act, any
23moneys received by the Agency from donations or sponsorships
24shall be deposited in the Emergency Planning and Training Fund
25and used by the Agency, subject to appropriation, to
26effectuate planning and training activities.

 

 

SB2037- 397 -LRB102 17120 WGH 22551 b

1    (i) The Illinois Emergency Management Agency may by rule
2assess and collect reasonable fees for attendance at
3Agency-sponsored conferences to enable the Agency to carry out
4the requirements of this Act. Any moneys received under this
5subsection shall be deposited in the Emergency Planning and
6Training Fund and used by the Agency, subject to
7appropriation, for planning and training activities.
8    (j) The Illinois Emergency Management Agency is authorized
9to make grants to other State agencies, public universities,
10units of local government, and statewide mutual aid
11organizations to enhance statewide emergency preparedness and
12response.
13(Source: P.A. 100-444, eff. 1-1-18; 100-508, eff. 9-15-17;
14100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 100-1179, eff.
151-18-19.)
 
16    Section 270. The Nuclear Safety Law of 2004 is amended by
17changing Sections 40 and 70 as follows:
 
18    (20 ILCS 3310/40)
19    Sec. 40. Regulation of nuclear safety. The Illinois
20Emergency Management Agency shall have primary responsibility
21for the coordination and oversight of all State governmental
22functions concerning the regulation of nuclear power,
23including low level waste management, environmental
24monitoring, and transportation of nuclear waste. Functions

 

 

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1performed by the Illinois Department of State Police and the
2Department of Transportation in the area of nuclear safety, on
3the effective date of this Act, may continue to be performed by
4these agencies but under the direction of the Illinois
5Emergency Management Agency. All other governmental functions
6regulating nuclear safety shall be coordinated by the Illinois
7Emergency Management Agency.
8(Source: P.A. 93-1029, eff. 8-25-04.)
 
9    (20 ILCS 3310/70)
10    Sec. 70. Nuclear and radioactive materials transportation
11plan. The Illinois Emergency Management Agency shall formulate
12a comprehensive plan regarding the transportation of nuclear
13and radioactive materials in Illinois. The Illinois Emergency
14Management Agency shall have primary responsibility for all
15State governmental regulation of the transportation of nuclear
16and radioactive materials, insofar as the regulation pertains
17to the public health and safety. This responsibility shall
18include but not be limited to the authority to oversee and
19coordinate regulatory functions performed by the Department of
20Transportation, the Illinois Department of State Police, and
21the Illinois Commerce Commission.
22(Source: P.A. 93-1029, eff. 8-25-04.)
 
23    Section 275. The Illinois Power Agency Act is amended by
24changing Section 1-110 as follows:
 

 

 

SB2037- 399 -LRB102 17120 WGH 22551 b

1    (20 ILCS 3855/1-110)
2    Sec. 1-110. State Police reimbursement. The Agency shall
3reimburse the Illinois Department of State Police for any
4expenses associated with security at facilities from the
5Illinois Power Agency Facilities Fund.
6(Source: P.A. 95-481, eff. 8-28-07.)
 
7    Section 280. The Illinois Criminal Justice Information Act
8is amended by changing Sections 4 and 9.1 as follows:
 
9    (20 ILCS 3930/4)  (from Ch. 38, par. 210-4)
10    Sec. 4. Illinois Criminal Justice Information Authority;
11creation, membership, and meetings. There is created an
12Illinois Criminal Justice Information Authority consisting of
1325 members. The membership of the Authority shall consist of
14the Illinois Attorney General, or his or her designee, the
15Director of Corrections, the Director of the Illinois State
16Police, the Director of Public Health, the Director of
17Children and Family Services, the Sheriff of Cook County, the
18State's Attorney of Cook County, the clerk of the circuit
19court of Cook County, the President of the Cook County Board of
20Commissioners, the Superintendent of the Chicago Police
21Department, the Director of the Office of the State's
22Attorneys Appellate Prosecutor, the Executive Director of the
23Illinois Law Enforcement Training Standards Board, the State

 

 

SB2037- 400 -LRB102 17120 WGH 22551 b

1Appellate Defender, the Public Defender of Cook County, and
2the following additional members, each of whom shall be
3appointed by the Governor: a circuit court clerk, a sheriff, a
4State's Attorney of a county other than Cook, a Public
5Defender of a county other than Cook, a chief of police, and 6
6members of the general public.
7    Members appointed on and after the effective date of this
8amendatory Act of the 98th General Assembly shall be confirmed
9by the Senate.
10    The Governor from time to time shall designate a Chairman
11of the Authority from the membership. All members of the
12Authority appointed by the Governor shall serve at the
13pleasure of the Governor for a term not to exceed 4 years. The
14initial appointed members of the Authority shall serve from
15January, 1983 until the third Monday in January, 1987 or until
16their successors are appointed.
17    The Authority shall meet at least quarterly, and all
18meetings of the Authority shall be called by the Chairman.
19(Source: P.A. 97-1151, eff. 1-25-13; 98-955, eff. 8-15-14.)
 
20    (20 ILCS 3930/9.1)
21    Sec. 9.1. Criminal Justice Information Projects Fund. The
22Criminal Justice Information Projects Fund is hereby created
23as a special fund in the State Treasury. Grants and other
24moneys obtained by the Authority from governmental entities
25(other than the federal government), private sources, and

 

 

SB2037- 401 -LRB102 17120 WGH 22551 b

1not-for-profit organizations for use in investigating criminal
2justice issues or undertaking other criminal justice
3information projects, or pursuant to the uses identified in
4Section 21.10 of the Illinois Lottery Law, shall be deposited
5into the Fund. Moneys in the Fund may be used by the Authority,
6subject to appropriation, for undertaking such projects and
7for the operating and other expenses of the Authority
8incidental to those projects, and for the costs associated
9with making grants from the Prescription Pill and Drug
10Disposal Fund. The moneys deposited into the Criminal Justice
11Information Projects Fund under Sections 15-15 and 15-35 of
12the Criminal and Traffic Assessment Act shall be appropriated
13to and administered by the Illinois Criminal Justice
14Information Authority for distribution to fund Illinois
15Department of State Police drug task forces and Metropolitan
16Enforcement Groups by dividing the funds equally by the total
17number of Illinois Department of State Police drug task forces
18and Illinois Metropolitan Enforcement Groups. Any interest
19earned on moneys in the Fund must be deposited into the Fund.
20(Source: P.A. 100-647, eff. 7-30-18; 100-987, eff. 7-1-19;
21101-81, eff. 7-12-19.)
 
22    Section 285. The Laboratory Review Board Act is amended by
23changing Section 2 as follows:
 
24    (20 ILCS 3980/2)  (from Ch. 111 1/2, par. 8002)

 

 

SB2037- 402 -LRB102 17120 WGH 22551 b

1    Sec. 2. There is hereby created the Laboratory Review
2Board (hereinafter referred to as the Board), which shall
3consist of 7 persons, one each appointed by the Director of
4Agriculture, the Director of Natural Resources, the Secretary
5of Human Services, the Director of Public Health, the Director
6of the Illinois State Police, the Director of the
7Environmental Protection Agency, and the Illinois Secretary of
8Transportation. Members of the Board shall serve at the
9pleasure of their appointing authorities.
10(Source: P.A. 89-445, eff. 2-7-96; 89-507, eff. 7-1-97.)
 
11    Section 290. The Law Enforcement and Fire Fighting Medal
12of Honor Act is amended by changing Section 2001 as follows:
 
13    (20 ILCS 3985/2001)  (from Ch. 127, par. 3852-1)
14    Sec. 2001. There is created the Law Enforcement Medal of
15Honor Committee, referred to in this Article as the Committee.
16The Committee shall consist of the Director of the Illinois
17Department of State Police, the Superintendent of the Chicago
18Police Department, the Executive Director of the Illinois Law
19Enforcement Training Standards Board, and the following
20persons appointed by the Governor: a sheriff, a chief of
21police from other than Chicago, a representative of a
22statewide law enforcement officer organization and a retired
23Illinois law enforcement officer. Of the appointed members,
24the sheriff and police chief shall each serve a 2-year term and

 

 

SB2037- 403 -LRB102 17120 WGH 22551 b

1the organization representative and retired officer shall each
2serve a one-year term. The Governor shall appoint initial
3members within 3 months of the effective date of this Act.
4    Members of the Committee shall serve without compensation
5but shall be reimbursed for actual expenses incurred in the
6performance of their duties from funds appropriated to the
7Office of the Governor for such purpose.
8(Source: P.A. 91-357, eff. 7-29-99.)
 
9    Section 295. The Illinois Motor Vehicle Theft Prevention
10and Insurance Verification Act is amended by changing Sections
114 and 8.5 as follows:
 
12    (20 ILCS 4005/4)  (from Ch. 95 1/2, par. 1304)
13    (Section scheduled to be repealed on January 1, 2025)
14    Sec. 4. There is hereby created an Illinois Motor Vehicle
15Theft Prevention and Insurance Verification Council, which
16shall exercise its powers, duties and responsibilities. There
17shall be 11 members of the Council consisting of the Secretary
18of State or his designee, the Director of the Illinois
19Department of State Police, the State's Attorney of Cook
20County, the Superintendent of the Chicago Police Department,
21and the following 7 additional members, each of whom shall be
22appointed by the Secretary of State: a state's attorney of a
23county other than Cook, a chief executive law enforcement
24official from a jurisdiction other than the City of Chicago, 5

 

 

SB2037- 404 -LRB102 17120 WGH 22551 b

1representatives of insurers authorized to write motor vehicle
2insurance in this State, all of whom shall be domiciled in this
3State.
4    The Director shall be the Chairman of the Council. All
5members of the Council appointed by the Secretary shall serve
6at the discretion of the Secretary for a term not to exceed 4
7years. The Council shall meet at least quarterly.
8(Source: P.A. 100-373, eff. 1-1-18.)
 
9    (20 ILCS 4005/8.5)
10    (Section scheduled to be repealed on January 1, 2025)
11    Sec. 8.5. State Police Motor Vehicle Theft Prevention
12Trust Fund. The State Police Motor Vehicle Theft Prevention
13Trust Fund is created as a trust fund in the State treasury.
14The State Treasurer shall be the custodian of the Trust Fund.
15The Trust Fund is established to receive funds from the
16Illinois Motor Vehicle Theft Prevention and Insurance
17Verification Council. All interest earned from the investment
18or deposit of moneys accumulated in the Trust Fund shall be
19deposited into the Trust Fund. Moneys in the Trust Fund shall
20be used by the Illinois Department of State Police for motor
21vehicle theft prevention purposes.
22(Source: P.A. 100-373, eff. 1-1-18.)
 
23    Section 305. The Social Security Number Protection Task
24Force Act is amended by changing Section 10 as follows:
 

 

 

SB2037- 405 -LRB102 17120 WGH 22551 b

1    (20 ILCS 4040/10)
2    Sec. 10. Social Security Number Protection Task Force.
3    (a) The Social Security Number Protection Task Force is
4created within the Office of the Attorney General. The
5Attorney General is responsible for administering the
6activities of the Task Force. The Task Force shall consist of
7the following members:
8        (1) Two members representing the House of
9    Representatives, appointed by the Speaker of the House of
10    Representatives;
11        (2) Two members representing the House of
12    Representatives, appointed by the Minority Leader of the
13    House of Representatives;
14        (3) Two members representing the Senate, appointed by
15    the President of the Senate;
16        (4) Two members representing the Senate, appointed by
17    the Minority Leader of the Senate;
18        (5) One member, who shall serve as the chairperson of
19    the Task Force, representing the Office of the Attorney
20    General, appointed by the Attorney General;
21        (6) One member representing the Office of the
22    Secretary of State, appointed by the Secretary of State;
23        (7) One member representing the Office of the
24    Governor, appointed by the Governor;
25        (8) One member representing the Department of Natural

 

 

SB2037- 406 -LRB102 17120 WGH 22551 b

1    Resources, appointed by the Director of Natural Resources;
2        (9) One member representing the Department of
3    Healthcare and Family Services, appointed by the Director
4    of Healthcare and Family Services;
5        (10) One member representing the Department of
6    Revenue, appointed by the Director of Revenue;
7        (11) One member representing the Illinois Department
8    of State Police, appointed by the Director of the Illinois
9    State Police;
10        (12) One member representing the Department of
11    Employment Security, appointed by the Director of
12    Employment Security;
13        (13) One member representing the Illinois Courts,
14    appointed by the Director of the Administrative Office of
15    the Illinois Courts;
16        (14) One member representing the Department on Aging,
17    appointed by the Director of the Department on Aging;
18        (15) One member appointed by the Director of Central
19    Management Services;
20        (16) One member appointed by the Executive Director of
21    the Board of Higher Education;
22        (17) One member appointed by the Secretary of Human
23    Services;
24        (18) Three members appointed by the chairperson of the
25    Task Force, representing local-governmental
26    organizations, who may include representatives of clerks

 

 

SB2037- 407 -LRB102 17120 WGH 22551 b

1    of the circuit court, recorders of deeds, counties, and
2    municipalities;
3        (19) One member representing the Office of the State
4    Comptroller, appointed by the Comptroller; and
5        (20) One member representing school administrators,
6    appointed by the State Superintendent of Education.
7    (b) The Task Force shall examine the procedures used by
8the State to protect an individual against the unauthorized
9disclosure of his or her social security number when the State
10requires the individual to provide his or her social security
11number to an officer or agency of the State.
12    (c) The Task Force shall report its findings and
13recommendations, including its recommendations concerning a
14unique identification number system under Section 15, to the
15Governor, the Attorney General, the Secretary of State, and
16the General Assembly no later than December 31 of each year.
17(Source: P.A. 94-611, eff. 8-18-05; 95-331, eff. 8-21-07;
1895-482, eff. 8-28-07.)
 
19    Section 310. The Commission to Study Disproportionate
20Justice Impact Act is amended by changing Section 10 as
21follows:
 
22    (20 ILCS 4085/10)
23    Sec. 10. Composition. The Commission shall be composed of
24the following members:

 

 

SB2037- 408 -LRB102 17120 WGH 22551 b

1        (a) Two members of the Senate appointed by the Senate
2    President, one of whom the President shall designate to
3    serve as co-chair, and two members of the Senate appointed
4    by the Minority Leader of the Senate.
5        (b) Two members of the House of Representatives
6    appointed by the Speaker of the House of Representatives,
7    one of whom the Speaker shall designate to serve as
8    co-chair, and two members of the House of Representatives
9    appointed by the Minority Leader of the House of
10    Representatives.
11        (c) The following persons or their designees:
12            (1) the Attorney General,
13            (2) the Chief Judge of the Circuit Court of Cook
14        County,
15            (3) the Director of the Illinois State Police,
16            (4) the Superintendent of the Chicago Police
17        Department,
18            (5) the sheriff of Cook County,
19            (6) the State Appellate Defender,
20            (7) the Cook County Public Defender,
21            (8) the Director of the Office of the State's
22        Attorneys Appellate Prosecutor,
23            (9) the Cook County State's Attorney,
24            (10) the Executive Director of the Criminal
25        Justice Information Authority,
26            (11) the Director of Corrections,

 

 

SB2037- 409 -LRB102 17120 WGH 22551 b

1            (12) the Director of Juvenile Justice, and
2            (13) the Executive Director of the Illinois
3        African-American Family Commission.
4        (d) The co-chairs may name up to 8 persons,
5    representing minority communities within Illinois, groups
6    involved in the improvement of the administration of
7    justice, behavioral health, criminal justice, law
8    enforcement, and the rehabilitation of former inmates,
9    community groups, and other interested parties.
10(Source: P.A. 95-995, eff. 6-1-09.)
 
11    Section 315. The Racial and Ethnic Impact Research Task
12Force Act is amended by changing Section 10 as follows:
 
13    (20 ILCS 5025/10)
14    Sec. 10. Racial and Ethnic Impact Research Task Force.
15There is created the Racial and Ethnic Impact Research Task
16Force, composed of the following members:
17        (1) Two members of the Senate appointed by the Senate
18    President, one of whom the President shall designate to
19    serve as co-chair, and 2 members of the Senate appointed
20    by the Minority Leader of the Senate.
21        (2) Two members of the House of Representatives
22    appointed by the Speaker of the House of Representatives,
23    one of whom the Speaker shall designate to serve as
24    co-chair, and 2 members of the House of Representatives

 

 

SB2037- 410 -LRB102 17120 WGH 22551 b

1    appointed by the Minority Leader of the House of
2    Representatives.
3        (3) The following persons or their designees:
4            (A) the Attorney General,
5            (B) the Chief Judge of the Circuit Court of Cook
6        County,
7            (C) the Director of the Illinois State Police,
8            (D) the Superintendent of the Chicago Police
9        Department,
10            (E) the Sheriff of Cook County,
11            (F) the State Appellate Defender,
12            (G) the Cook County Public Defender,
13            (H) the Director of the Office of the State's
14        Attorneys Appellate Prosecutor,
15            (I) the Cook County State's Attorney,
16            (J) the Executive Director of the Illinois
17        Criminal Justice Information Authority,
18            (K) the Director of Corrections,
19            (L) the Director of Juvenile Justice, and
20            (M) the Executive Director of the Illinois
21        African-American Family Commission.
22        (4) The co-chairs may name up to 8 persons,
23    representing minority communities within Illinois, groups
24    involved in the improvement of the administration of
25    justice, behavioral health, criminal justice, law
26    enforcement, and the rehabilitation of former inmates,

 

 

SB2037- 411 -LRB102 17120 WGH 22551 b

1    community groups, and other interested parties.
2(Source: P.A. 97-433, eff. 8-16-11.)
 
3    Section 330. The State Finance Act is amended by changing
4Sections 6z-82, 6z-99, 6z-106, 8.3, 8.37, 8p, and 14 as
5follows:
 
6    (30 ILCS 105/6z-82)
7    Sec. 6z-82. State Police Operations Assistance Fund.
8    (a) There is created in the State treasury a special fund
9known as the State Police Operations Assistance Fund. The Fund
10shall receive revenue under the Criminal and Traffic
11Assessment Act. The Fund may also receive revenue from grants,
12donations, appropriations, and any other legal source.
13    (b) The Illinois Department of State Police may use moneys
14in the Fund to finance any of its lawful purposes or functions.
15    (c) Expenditures may be made from the Fund only as
16appropriated by the General Assembly by law.
17    (d) Investment income that is attributable to the
18investment of moneys in the Fund shall be retained in the Fund
19for the uses specified in this Section.
20    (e) The State Police Operations Assistance Fund shall not
21be subject to administrative chargebacks.
22    (f) Notwithstanding any other provision of State law to
23the contrary, on or after July 1, 2012, and until June 30,
242013, in addition to any other transfers that may be provided

 

 

SB2037- 412 -LRB102 17120 WGH 22551 b

1for by law, at the direction of and upon notification from the
2Director of the Illinois State Police, the State Comptroller
3shall direct and the State Treasurer shall transfer amounts
4into the State Police Operations Assistance Fund from the
5designated funds not exceeding the following totals:
6    State Police Vehicle Fund.....................$2,250,000
7    State Police Wireless Service
8        Emergency Fund............................$2,500,000
9    State Police Services Fund....................$3,500,000
10(Source: P.A. 100-987, eff. 7-1-19.)
 
11    (30 ILCS 105/6z-99)
12    Sec. 6z-99. The Mental Health Reporting Fund.
13    (a) There is created in the State treasury a special fund
14known as the Mental Health Reporting Fund. The Fund shall
15receive revenue under the Firearm Concealed Carry Act. The
16Fund may also receive revenue from grants, pass-through
17grants, donations, appropriations, and any other legal source.
18    (b) The Illinois Department of State Police and Department
19of Human Services shall coordinate to use moneys in the Fund to
20finance their respective duties of collecting and reporting
21data on mental health records and ensuring that mental health
22firearm possession prohibitors are enforced as set forth under
23the Firearm Concealed Carry Act and the Firearm Owners
24Identification Card Act. Any surplus in the Fund beyond what
25is necessary to ensure compliance with mental health reporting

 

 

SB2037- 413 -LRB102 17120 WGH 22551 b

1under these Acts shall be used by the Department of Human
2Services for mental health treatment programs.
3    (c) Investment income that is attributable to the
4investment of moneys in the Fund shall be retained in the Fund
5for the uses specified in this Section.
6(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
7    (30 ILCS 105/6z-106)
8    Sec. 6z-106. State Police Law Enforcement Administration
9Fund.
10    (a) There is created in the State treasury a special fund
11known as the State Police Law Enforcement Administration Fund.
12The Fund shall receive revenue under subsection (c) of Section
1310-5 of the Criminal and Traffic Assessment Act. The Fund may
14also receive revenue from grants, donations, appropriations,
15and any other legal source.
16    (b) The Illinois Department of State Police may use moneys
17in the Fund to finance any of its lawful purposes or functions;
18however, the primary purpose shall be to finance State Police
19cadet classes in May and October of each year.
20    (c) Expenditures may be made from the Fund only as
21appropriated by the General Assembly by law.
22    (d) Investment income that is attributable to the
23investment of moneys in the Fund shall be retained in the Fund
24for the uses specified in this Section.
25    (e) The State Police Law Enforcement Administration Fund

 

 

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1shall not be subject to administrative chargebacks.
2(Source: P.A. 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
 
3    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
4    Sec. 8.3. Money in the Road Fund shall, if and when the
5State of Illinois incurs any bonded indebtedness for the
6construction of permanent highways, be set aside and used for
7the purpose of paying and discharging annually the principal
8and interest on that bonded indebtedness then due and payable,
9and for no other purpose. The surplus, if any, in the Road Fund
10after the payment of principal and interest on that bonded
11indebtedness then annually due shall be used as follows:
12        first -- to pay the cost of administration of Chapters
13    2 through 10 of the Illinois Vehicle Code, except the cost
14    of administration of Articles I and II of Chapter 3 of that
15    Code, and to pay the costs of the Executive Ethics
16    Commission for oversight and administration of the Chief
17    Procurement Officer for transportation; and
18        secondly -- for expenses of the Department of
19    Transportation for construction, reconstruction,
20    improvement, repair, maintenance, operation, and
21    administration of highways in accordance with the
22    provisions of laws relating thereto, or for any purpose
23    related or incident to and connected therewith, including
24    the separation of grades of those highways with railroads
25    and with highways and including the payment of awards made

 

 

SB2037- 415 -LRB102 17120 WGH 22551 b

1    by the Illinois Workers' Compensation Commission under the
2    terms of the Workers' Compensation Act or Workers'
3    Occupational Diseases Act for injury or death of an
4    employee of the Division of Highways in the Department of
5    Transportation; or for the acquisition of land and the
6    erection of buildings for highway purposes, including the
7    acquisition of highway right-of-way or for investigations
8    to determine the reasonably anticipated future highway
9    needs; or for making of surveys, plans, specifications and
10    estimates for and in the construction and maintenance of
11    flight strips and of highways necessary to provide access
12    to military and naval reservations, to defense industries
13    and defense-industry sites, and to the sources of raw
14    materials and for replacing existing highways and highway
15    connections shut off from general public use at military
16    and naval reservations and defense-industry sites, or for
17    the purchase of right-of-way, except that the State shall
18    be reimbursed in full for any expense incurred in building
19    the flight strips; or for the operating and maintaining of
20    highway garages; or for patrolling and policing the public
21    highways and conserving the peace; or for the operating
22    expenses of the Department relating to the administration
23    of public transportation programs; or, during fiscal year
24    2020 only, for the purposes of a grant not to exceed
25    $8,394,800 to the Regional Transportation Authority on
26    behalf of PACE for the purpose of ADA/Para-transit

 

 

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1    expenses; or, during fiscal year 2021 only, for the
2    purposes of a grant not to exceed $8,394,800 to the
3    Regional Transportation Authority on behalf of PACE for
4    the purpose of ADA/Para-transit expenses; or for any of
5    those purposes or any other purpose that may be provided
6    by law.
7    Appropriations for any of those purposes are payable from
8the Road Fund. Appropriations may also be made from the Road
9Fund for the administrative expenses of any State agency that
10are related to motor vehicles or arise from the use of motor
11vehicles.
12    Beginning with fiscal year 1980 and thereafter, no Road
13Fund monies shall be appropriated to the following Departments
14or agencies of State government for administration, grants, or
15operations; but this limitation is not a restriction upon
16appropriating for those purposes any Road Fund monies that are
17eligible for federal reimbursement:
18        1. Department of Public Health;
19        2. Department of Transportation, only with respect to
20    subsidies for one-half fare Student Transportation and
21    Reduced Fare for Elderly, except fiscal year 2020 only
22    when no more than $17,570,000 may be expended and except
23    fiscal year 2021 only when no more than $17,570,000 may be
24    expended;
25        3. Department of Central Management Services, except
26    for expenditures incurred for group insurance premiums of

 

 

SB2037- 417 -LRB102 17120 WGH 22551 b

1    appropriate personnel;
2        4. Judicial Systems and Agencies.
3    Beginning with fiscal year 1981 and thereafter, no Road
4Fund monies shall be appropriated to the following Departments
5or agencies of State government for administration, grants, or
6operations; but this limitation is not a restriction upon
7appropriating for those purposes any Road Fund monies that are
8eligible for federal reimbursement:
9        1. Illinois Department of State Police, except for
10    expenditures with respect to the Division of Patrol
11    Operations and Division of Criminal Investigation
12    Operations;
13        2. Department of Transportation, only with respect to
14    Intercity Rail Subsidies, except fiscal year 2020 only
15    when no more than $50,000,000 may be expended and except
16    fiscal year 2021 only when no more than $50,000,000 may be
17    expended, and Rail Freight Services.
18    Beginning with fiscal year 1982 and thereafter, no Road
19Fund monies shall be appropriated to the following Departments
20or agencies of State government for administration, grants, or
21operations; but this limitation is not a restriction upon
22appropriating for those purposes any Road Fund monies that are
23eligible for federal reimbursement: Department of Central
24Management Services, except for awards made by the Illinois
25Workers' Compensation Commission under the terms of the
26Workers' Compensation Act or Workers' Occupational Diseases

 

 

SB2037- 418 -LRB102 17120 WGH 22551 b

1Act for injury or death of an employee of the Division of
2Highways in the Department of Transportation.
3    Beginning with fiscal year 1984 and thereafter, no Road
4Fund monies shall be appropriated to the following Departments
5or agencies of State government for administration, grants, or
6operations; but this limitation is not a restriction upon
7appropriating for those purposes any Road Fund monies that are
8eligible for federal reimbursement:
9        1. Illinois Department of State Police, except not
10    more than 40% of the funds appropriated for the Division
11    of Patrol Operations and Division of Criminal
12    Investigation Operations;
13        2. State Officers.
14    Beginning with fiscal year 1984 and thereafter, no Road
15Fund monies shall be appropriated to any Department or agency
16of State government for administration, grants, or operations
17except as provided hereafter; but this limitation is not a
18restriction upon appropriating for those purposes any Road
19Fund monies that are eligible for federal reimbursement. It
20shall not be lawful to circumvent the above appropriation
21limitations by governmental reorganization or other methods.
22Appropriations shall be made from the Road Fund only in
23accordance with the provisions of this Section.
24    Money in the Road Fund shall, if and when the State of
25Illinois incurs any bonded indebtedness for the construction
26of permanent highways, be set aside and used for the purpose of

 

 

SB2037- 419 -LRB102 17120 WGH 22551 b

1paying and discharging during each fiscal year the principal
2and interest on that bonded indebtedness as it becomes due and
3payable as provided in the Transportation Bond Act, and for no
4other purpose. The surplus, if any, in the Road Fund after the
5payment of principal and interest on that bonded indebtedness
6then annually due shall be used as follows:
7        first -- to pay the cost of administration of Chapters
8    2 through 10 of the Illinois Vehicle Code; and
9        secondly -- no Road Fund monies derived from fees,
10    excises, or license taxes relating to registration,
11    operation and use of vehicles on public highways or to
12    fuels used for the propulsion of those vehicles, shall be
13    appropriated or expended other than for costs of
14    administering the laws imposing those fees, excises, and
15    license taxes, statutory refunds and adjustments allowed
16    thereunder, administrative costs of the Department of
17    Transportation, including, but not limited to, the
18    operating expenses of the Department relating to the
19    administration of public transportation programs, payment
20    of debts and liabilities incurred in construction and
21    reconstruction of public highways and bridges, acquisition
22    of rights-of-way for and the cost of construction,
23    reconstruction, maintenance, repair, and operation of
24    public highways and bridges under the direction and
25    supervision of the State, political subdivision, or
26    municipality collecting those monies, or during fiscal

 

 

SB2037- 420 -LRB102 17120 WGH 22551 b

1    year 2020 only for the purposes of a grant not to exceed
2    $8,394,800 to the Regional Transportation Authority on
3    behalf of PACE for the purpose of ADA/Para-transit
4    expenses, or during fiscal year 2021 only for the purposes
5    of a grant not to exceed $8,394,800 to the Regional
6    Transportation Authority on behalf of PACE for the purpose
7    of ADA/Para-transit expenses, and the costs for patrolling
8    and policing the public highways (by State, political
9    subdivision, or municipality collecting that money) for
10    enforcement of traffic laws. The separation of grades of
11    such highways with railroads and costs associated with
12    protection of at-grade highway and railroad crossing shall
13    also be permissible.
14    Appropriations for any of such purposes are payable from
15the Road Fund or the Grade Crossing Protection Fund as
16provided in Section 8 of the Motor Fuel Tax Law.
17    Except as provided in this paragraph, beginning with
18fiscal year 1991 and thereafter, no Road Fund monies shall be
19appropriated to the Illinois Department of State Police for
20the purposes of this Section in excess of its total fiscal year
211990 Road Fund appropriations for those purposes unless
22otherwise provided in Section 5g of this Act. For fiscal years
232003, 2004, 2005, 2006, and 2007 only, no Road Fund monies
24shall be appropriated to the Department of State Police for
25the purposes of this Section in excess of $97,310,000. For
26fiscal year 2008 only, no Road Fund monies shall be

 

 

SB2037- 421 -LRB102 17120 WGH 22551 b

1appropriated to the Department of State Police for the
2purposes of this Section in excess of $106,100,000. For fiscal
3year 2009 only, no Road Fund monies shall be appropriated to
4the Department of State Police for the purposes of this
5Section in excess of $114,700,000. Beginning in fiscal year
62010, no road fund moneys shall be appropriated to the
7Illinois Department of State Police. It shall not be lawful to
8circumvent this limitation on appropriations by governmental
9reorganization or other methods unless otherwise provided in
10Section 5g of this Act.
11    In fiscal year 1994, no Road Fund monies shall be
12appropriated to the Secretary of State for the purposes of
13this Section in excess of the total fiscal year 1991 Road Fund
14appropriations to the Secretary of State for those purposes,
15plus $9,800,000. It shall not be lawful to circumvent this
16limitation on appropriations by governmental reorganization or
17other method.
18    Beginning with fiscal year 1995 and thereafter, no Road
19Fund monies shall be appropriated to the Secretary of State
20for the purposes of this Section in excess of the total fiscal
21year 1994 Road Fund appropriations to the Secretary of State
22for those purposes. It shall not be lawful to circumvent this
23limitation on appropriations by governmental reorganization or
24other methods.
25    Beginning with fiscal year 2000, total Road Fund
26appropriations to the Secretary of State for the purposes of

 

 

SB2037- 422 -LRB102 17120 WGH 22551 b

1this Section shall not exceed the amounts specified for the
2following fiscal years:
3    Fiscal Year 2000$80,500,000;
4    Fiscal Year 2001$80,500,000;
5    Fiscal Year 2002$80,500,000;
6    Fiscal Year 2003$130,500,000;
7    Fiscal Year 2004$130,500,000;
8    Fiscal Year 2005$130,500,000;
9    Fiscal Year 2006 $130,500,000;
10    Fiscal Year 2007 $130,500,000;
11    Fiscal Year 2008$130,500,000;
12    Fiscal Year 2009 $130,500,000.
13    For fiscal year 2010, no road fund moneys shall be
14appropriated to the Secretary of State.
15    Beginning in fiscal year 2011, moneys in the Road Fund
16shall be appropriated to the Secretary of State for the
17exclusive purpose of paying refunds due to overpayment of fees
18related to Chapter 3 of the Illinois Vehicle Code unless
19otherwise provided for by law.
20    It shall not be lawful to circumvent this limitation on
21appropriations by governmental reorganization or other
22methods.
23    No new program may be initiated in fiscal year 1991 and
24thereafter that is not consistent with the limitations imposed
25by this Section for fiscal year 1984 and thereafter, insofar
26as appropriation of Road Fund monies is concerned.

 

 

SB2037- 423 -LRB102 17120 WGH 22551 b

1    Nothing in this Section prohibits transfers from the Road
2Fund to the State Construction Account Fund under Section 5e
3of this Act; nor to the General Revenue Fund, as authorized by
4Public Act 93-25.
5    The additional amounts authorized for expenditure in this
6Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
7shall be repaid to the Road Fund from the General Revenue Fund
8in the next succeeding fiscal year that the General Revenue
9Fund has a positive budgetary balance, as determined by
10generally accepted accounting principles applicable to
11government.
12    The additional amounts authorized for expenditure by the
13Secretary of State and the Department of State Police in this
14Section by Public Act 94-91 shall be repaid to the Road Fund
15from the General Revenue Fund in the next succeeding fiscal
16year that the General Revenue Fund has a positive budgetary
17balance, as determined by generally accepted accounting
18principles applicable to government.
19(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
20100-863, eff.8-14-18; 101-10, eff. 6-5-19; 101-636, eff.
216-10-20.)
 
22    (30 ILCS 105/8.37)
23    Sec. 8.37. State Police Wireless Service Emergency Fund.
24    (a) The State Police Wireless Service Emergency Fund is
25created as a special fund in the State Treasury.

 

 

SB2037- 424 -LRB102 17120 WGH 22551 b

1    (b) Grants or surcharge funds allocated to the Illinois
2Department of State Police from the Statewide 9-1-1 Fund shall
3be deposited into the State Police Wireless Service Emergency
4Fund and shall be used in accordance with Section 30 of the
5Emergency Telephone System Act.
6    (c) On July 1, 1999, the State Comptroller and State
7Treasurer shall transfer $1,300,000 from the General Revenue
8Fund to the State Police Wireless Service Emergency Fund. On
9June 30, 2003 the State Comptroller and State Treasurer shall
10transfer $1,300,000 from the State Police Wireless Service
11Emergency Fund to the General Revenue Fund.
12(Source: P.A. 100-20, eff. 7-1-17.)
 
13    (30 ILCS 105/8p)
14    Sec. 8p. State Police Streetgang-Related Crime Fund.
15    (a) The State Police Streetgang-Related Crime Fund is
16created as a special fund in the State treasury.
17    (b) All moneys collected and payable to the Illinois
18Department of State Police from the State Police
19Streetgang-Related Crime Fund shall be appropriated to and
20administered by the Illinois Department of State Police for
21operations and initiatives to combat and prevent
22streetgang-related crime.
23    (c) The State Police Streetgang-Related Crime Fund shall
24not be subject to administrative chargebacks.
25(Source: P.A. 100-987, eff. 7-1-19.)
 

 

 

SB2037- 425 -LRB102 17120 WGH 22551 b

1    (30 ILCS 105/14)  (from Ch. 127, par. 150)
2    Sec. 14. The item "personal services", when used in an
3appropriation Act, means the reward or recompense made for
4personal services rendered for the State by an officer or
5employee of the State or of an instrumentality thereof, or for
6the purpose of Section 14a of this Act, or any amount required
7or authorized to be deducted from the salary of any such person
8under the provisions of Section 30c of this Act, or any
9retirement or tax law, or both, or deductions from the salary
10of any such person under the Social Security Enabling Act or
11deductions from the salary of such person pursuant to the
12Voluntary Payroll Deductions Act of 1983.
13    If no home is furnished to a person who is a full-time
14chaplain employed by the State or a former full-time chaplain
15retired from State employment, 20% of the salary or pension
16paid to that person for his personal services to the State as
17chaplain are considered to be a rental allowance paid to him to
18rent or otherwise provide a home. This amendatory Act of 1973
19applies to State salary amounts received after December 31,
201973.
21    When any appropriation payable from trust funds or federal
22funds includes an item for personal services but does not
23include a separate item for State contribution for employee
24group insurance, the State contribution for employee group
25insurance in relation to employees paid under that personal

 

 

SB2037- 426 -LRB102 17120 WGH 22551 b

1services line item shall also be payable under that personal
2services line item.
3    When any appropriation payable from trust funds or federal
4funds includes an item for personal services but does not
5include a separate item for employee retirement contributions
6paid by the employer, the State contribution for employee
7retirement contributions paid by the employer in relation to
8employees paid under that personal services line item shall
9also be payable under that personal services line item.
10    The item "personal services", when used in an
11appropriation Act, shall also mean and include a payment to a
12State retirement system by a State agency to discharge a debt
13arising from the over-refund to an employee of retirement
14contributions. The payment to a State retirement system
15authorized by this paragraph shall not be construed to release
16the employee from his or her obligation to return to the State
17the amount of the over-refund.
18    The item "personal services", when used in an
19appropriation Act, also includes a payment to reimburse the
20Department of Central Management Services for temporary total
21disability benefit payments in accordance with subdivision (9)
22of Section 405-105 of the Department of Central Management
23Services Law (20 ILCS 405/405-105).
24    Beginning July 1, 1993, the item "personal services" and
25related line items, when used in an appropriation Act or this
26Act, shall also mean and include back wage claims of State

 

 

SB2037- 427 -LRB102 17120 WGH 22551 b

1officers and employees to the extent those claims have not
2been satisfied from the back wage appropriation to the
3Department of Central Management Services in the preceding
4fiscal year, as provided in Section 14b of this Act and
5subdivision (13) of Section 405-105 of the Department of
6Central Management Services Law (20 ILCS 405/405-105).
7    The item "personal services", when used with respect to
8State police officers in an appropriation Act, also includes a
9payment for the burial expenses of a State police officer
10killed in the line of duty, made in accordance with Section
1112.2 of the Illinois State Police Act and any rules adopted
12under that Section.
13    For State fiscal year 2005, the item "personal services",
14when used in an appropriation Act, also includes payments for
15employee retirement contributions paid by the employer.
16(Source: P.A. 93-839, eff. 7-30-04.)
 
17    Section 335. The State Officers and Employees Money
18Disposition Act is amended by changing Section 2 as follows:
 
19    (30 ILCS 230/2)  (from Ch. 127, par. 171)
20    Sec. 2. Accounts of money received; payment into State
21treasury.
22    (a) Every officer, board, commission, commissioner,
23department, institution, arm or agency brought within the
24provisions of this Act by Section 1 shall keep in proper books

 

 

SB2037- 428 -LRB102 17120 WGH 22551 b

1a detailed itemized account of all moneys received for or on
2behalf of the State of Illinois, showing the date of receipt,
3the payor, and purpose and amount, and the date and manner of
4disbursement as hereinafter provided, and, unless a different
5time of payment is expressly provided by law or by rules or
6regulations promulgated under subsection (b) of this Section,
7shall pay into the State treasury the gross amount of money so
8received on the day of actual physical receipt with respect to
9any single item of receipt exceeding $10,000, within 24 hours
10of actual physical receipt with respect to an accumulation of
11receipts of $10,000 or more, or within 48 hours of actual
12physical receipt with respect to an accumulation of receipts
13exceeding $500 but less than $10,000, disregarding holidays,
14Saturdays and Sundays, after the receipt of same, without any
15deduction on account of salaries, fees, costs, charges,
16expenses or claims of any description whatever; provided that:
17        (1) the provisions of (i) Section 2505-475 of the
18    Department of Revenue Law (20 ILCS 2505/2505-475), (ii)
19    any specific taxing statute authorizing a claim for credit
20    procedure instead of the actual making of refunds, (iii)
21    Section 505 of the Illinois Controlled Substances Act,
22    (iv) Section 85 of the Methamphetamine Control and
23    Community Protection Act, authorizing the Director of the
24    Illinois State Police to dispose of forfeited property,
25    which includes the sale and disposition of the proceeds of
26    the sale of forfeited property, and the Department of

 

 

SB2037- 429 -LRB102 17120 WGH 22551 b

1    Central Management Services to be reimbursed for costs
2    incurred with the sales of forfeited vehicles, boats or
3    aircraft and to pay to bona fide or innocent purchasers,
4    conditional sales vendors or mortgagees of such vehicles,
5    boats or aircraft their interest in such vehicles, boats
6    or aircraft, and (v) Section 6b-2 of the State Finance
7    Act, establishing procedures for handling cash receipts
8    from the sale of pari-mutuel wagering tickets, shall not
9    be deemed to be in conflict with the requirements of this
10    Section;
11        (2) any fees received by the State Registrar of Vital
12    Records pursuant to the Vital Records Act which are
13    insufficient in amount may be returned by the Registrar as
14    provided in that Act;
15        (3) any fees received by the Department of Public
16    Health under the Food Handling Regulation Enforcement Act
17    that are submitted for renewal of an expired food service
18    sanitation manager certificate may be returned by the
19    Director as provided in that Act;
20        (3.5) the State Treasurer may permit the deduction of
21    fees by third-party unclaimed property examiners from the
22    property recovered by the examiners for the State of
23    Illinois during examinations of holders located outside
24    the State under which the Office of the Treasurer has
25    agreed to pay for the examinations based upon a
26    percentage, in accordance with the Revised Uniform

 

 

SB2037- 430 -LRB102 17120 WGH 22551 b

1    Unclaimed Property Act, of the property recovered during
2    the examination; and
3        (4) if the amount of money received does not exceed
4    $500, such money may be retained and need not be paid into
5    the State treasury until the total amount of money so
6    received exceeds $500, or until the next succeeding 1st or
7    15th day of each month (or until the next business day if
8    these days fall on Sunday or a holiday), whichever is
9    earlier, at which earlier time such money shall be paid
10    into the State treasury, except that if a local bank or
11    savings and loan association account has been authorized
12    by law, any balances shall be paid into the State treasury
13    on Monday of each week if more than $500 is to be deposited
14    in any fund.
15Single items of receipt exceeding $10,000 received after 2
16p.m. on a working day may be deemed to have been received on
17the next working day for purposes of fulfilling the
18requirement that the item be deposited on the day of actual
19physical receipt.
20    No money belonging to or left for the use of the State
21shall be expended or applied except in consequence of an
22appropriation made by law and upon the warrant of the State
23Comptroller. However, payments made by the Comptroller to
24persons by direct deposit need not be made upon the warrant of
25the Comptroller, but if not made upon a warrant, shall be made
26in accordance with Section 9.02 of the State Comptroller Act.

 

 

SB2037- 431 -LRB102 17120 WGH 22551 b

1All moneys so paid into the State treasury shall, unless
2required by some statute to be held in the State treasury in a
3separate or special fund, be covered into the General Revenue
4Fund in the State treasury. Moneys received in the form of
5checks, drafts or similar instruments shall be properly
6endorsed, if necessary, and delivered to the State Treasurer
7for collection. The State Treasurer shall remit such collected
8funds to the depositing officer, board, commission,
9commissioner, department, institution, arm or agency by
10Treasurers Draft or through electronic funds transfer. The
11draft or notification of the electronic funds transfer shall
12be provided to the State Comptroller to allow deposit into the
13appropriate fund.
14    (b) Different time periods for the payment of public funds
15into the State treasury or to the State Treasurer, in excess of
16the periods established in subsection (a) of this Section, but
17not in excess of 30 days after receipt of such funds, may be
18established and revised from time to time by rules or
19regulations promulgated jointly by the State Treasurer and the
20State Comptroller in accordance with the Illinois
21Administrative Procedure Act. The different time periods
22established by rule or regulation under this subsection may
23vary according to the nature and amounts of the funds
24received, the locations at which the funds are received,
25whether compliance with the deposit requirements specified in
26subsection (a) of this Section would be cost effective, and

 

 

SB2037- 432 -LRB102 17120 WGH 22551 b

1such other circumstances and conditions as the promulgating
2authorities consider to be appropriate. The Treasurer and the
3Comptroller shall review all such different time periods
4established pursuant to this subsection every 2 years from the
5establishment thereof and upon such review, unless it is
6determined that it is economically unfeasible for the agency
7to comply with the provisions of subsection (a), shall repeal
8such different time period.
9(Source: P.A. 100-22, eff. 1-1-18.)
 
10    Section 340. The Illinois Procurement Code is amended by
11changing Section 25-75 as follows:
 
12    (30 ILCS 500/25-75)
13    Sec. 25-75. Purchase of motor vehicles.
14    (a) Beginning on the effective date of this amendatory Act
15of the 94th General Assembly, all gasoline-powered vehicles
16purchased from State funds must be flexible fuel vehicles.
17Beginning July 1, 2007, all gasoline-powered vehicles
18purchased from State funds must be flexible fuel or fuel
19efficient hybrid vehicles. For purposes of this Section,
20"flexible fuel vehicles" are automobiles or light trucks that
21operate on either gasoline or E-85 (85% ethanol, 15% gasoline)
22fuel and "Fuel efficient hybrid vehicles" are automobiles or
23light trucks that use a gasoline or diesel engine and an
24electric motor to provide power and gain at least a 20%

 

 

SB2037- 433 -LRB102 17120 WGH 22551 b

1increase in combined US-EPA city-highway fuel economy over the
2equivalent or most-similar conventionally-powered model.
3    (b) On and after the effective date of this amendatory Act
4of the 94th General Assembly, any vehicle purchased from State
5funds that is fueled by diesel fuel shall be certified by the
6manufacturer to run on 5% biodiesel (B5) fuel.
7    (b-5) On and after January 1, 2016, 15% of passenger
8vehicles, other than Department of Corrections vehicles,
9Secretary of State vehicles (except for mid-sized sedans), and
10Illinois Department of State Police patrol vehicles, purchased
11with State funds shall be vehicles fueled by electricity,
12electricity and gasohol (hybrids or plug-in hybrids),
13compressed natural gas, liquid petroleum gas, or liquid
14natural gas, including dedicated or non-dedicated fuel type
15vehicles.
16    (c) The Chief Procurement Officer may determine that
17certain vehicle procurements are exempt from this Section
18based on intended use or other reasonable considerations such
19as health and safety of Illinois citizens.
20(Source: P.A. 98-442, eff. 1-1-14; 98-759, eff. 7-16-14;
2199-406, eff. 1-1-16.)
 
22    Section 345. The State Property Control Act is amended by
23changing Sections 7, 7b and 7c as follows:
 
24    (30 ILCS 605/7)  (from Ch. 127, par. 133b10)

 

 

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1    Sec. 7. Disposition of transferable property.
2    (a) Except as provided in subsection (c), whenever a
3responsible officer considers it advantageous to the State to
4dispose of transferable property by trading it in for credit
5on a replacement of like nature, the responsible officer shall
6report the trade-in and replacement to the administrator on
7forms furnished by the latter. The exchange, trade or transfer
8of "textbooks" as defined in Section 18-17 of the School Code
9between schools or school districts pursuant to regulations
10adopted by the State Board of Education under that Section
11shall not constitute a disposition of transferable property
12within the meaning of this Section, even though such exchange,
13trade or transfer occurs within 5 years after the textbooks
14are first provided for loan pursuant to Section 18-17 of the
15School Code.
16    (b) Except as provided in subsection (c), whenever it is
17deemed necessary to dispose of any item of transferable
18property, the administrator shall proceed to dispose of the
19property by sale or scrapping as the case may be, in whatever
20manner he considers most advantageous and most profitable to
21the State. Items of transferable property which would
22ordinarily be scrapped and disposed of by burning or by burial
23in a landfill may be examined and a determination made whether
24the property should be recycled. This determination and any
25sale of recyclable property shall be in accordance with rules
26promulgated by the Administrator.

 

 

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1    When the administrator determines that property is to be
2disposed of by sale, he shall offer it first to the
3municipalities, counties, and school districts of the State
4and to charitable, not-for-profit educational and public
5health organizations, including but not limited to medical
6institutions, clinics, hospitals, health centers, schools,
7colleges, universities, child care centers, museums, nursing
8homes, programs for the elderly, food banks, State Use
9Sheltered Workshops and the Boy and Girl Scouts of America,
10for purchase at an appraised value. Notice of inspection or
11viewing dates and property lists shall be distributed in the
12manner provided in rules and regulations promulgated by the
13Administrator for that purpose.
14    Electronic data processing equipment purchased and charged
15to appropriations may, at the discretion of the administrator,
16be sold, pursuant to contracts entered into by the Director of
17Central Management Services or the heads of agencies exempt
18from "The Illinois Purchasing Act". However such equipment
19shall not be sold at prices less than the purchase cost thereof
20or depreciated value as determined by the administrator. No
21sale of the electronic data processing equipment and lease to
22the State by the purchaser of such equipment shall be made
23under this Act unless the Director of Central Management
24Services finds that such contracts are financially
25advantageous to the State.
26    Disposition of other transferable property by sale, except

 

 

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1sales directly to local governmental units, school districts,
2and not-for-profit educational, charitable and public health
3organizations, shall be subject to the following minimum
4conditions:
5        (1) The administrator shall cause the property to be
6    advertised for sale to the highest responsible bidder,
7    stating time, place, and terms of such sale at least 7 days
8    prior to the time of sale and at least once in a newspaper
9    having a general circulation in the county where the
10    property is to be sold.
11        (2) If no acceptable bids are received, the
12    administrator may then sell the property in whatever
13    manner he considers most advantageous and most profitable
14    to the State.
15    (c) Notwithstanding any other provision of this Act, an
16agency covered by this Act may transfer books, serial
17publications, or other library materials that are transferable
18property, or that have been withdrawn from the agency's
19library collection through a regular collection evaluation
20process, to any of the following entities:
21        (1) Another agency covered by this Act located in
22    Illinois.
23        (2) A State supported university library located in
24    Illinois.
25        (3) A tax-supported public library located in
26    Illinois, including a library established by a public

 

 

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1    library district.
2        (4) A library system organized under the Illinois
3    Library System Act or any library located in Illinois that
4    is a member of such a system.
5        (5) A non-profit agency, located in or outside
6    Illinois.
7    A transfer of property under this subsection is not
8subject to the requirements of subsection (a) or (b).
9    In addition, an agency covered by this Act may sell or
10exchange books, serial publications, and other library
11materials that have been withdrawn from its library collection
12through a regular collection evaluation process. Those items
13may be sold to the public at library book sales or to book
14dealers or may be offered through exchange to book dealers or
15other organizations. Revenues generated from the sale of
16withdrawn items shall be retained by the agency in a separate
17account to be used solely for the purchase of library
18materials; except that in the case of the State Library,
19revenues from the sale of withdrawn items shall be deposited
20into the State Library Fund to be used for the purposes stated
21in Section 25 of the State Library Act.
22    For purposes of this subsection (c), "library materials"
23means physical entities of any substance that serve as
24carriers of information, including, without limitation, books,
25serial publications, periodicals, microforms, graphics, audio
26or video recordings, and machine readable data files.

 

 

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1    (d) Notwithstanding any other provision of this Act, the
2Director of the Illinois State Police may dispose of a service
3firearm or police badge issued or previously issued to a
4retiring or separating State Police officer as provided in
5Section 17b of the Illinois State Police Act. The Director of
6Natural Resources may dispose of a service firearm or police
7badge issued previously to a retiring Conservation Police
8Officer as provided in Section 805-538 of the Department of
9Natural Resources (Conservation) Law of the Civil
10Administrative Code of Illinois. The Director of the Secretary
11of State Department of Police may dispose of a service firearm
12or police badge issued or previously issued to a retiring
13Secretary of State Police officer, inspector, or investigator
14as provided in Section 2-116 of the Illinois Vehicle Code. The
15Office of the State Fire Marshal may dispose of a service
16firearm or badge previously issued to a State Fire Marshal
17Arson Investigator Special Agent who is honorably retiring or
18separating in good standing as provided in subsection (c) of
19Section 1 of the Peace Officer Fire Investigation Act.
20(Source: P.A. 100-931, eff. 8-17-18.)
 
21    (30 ILCS 605/7b)
22    Sec. 7b. Maintenance and operation of Illinois State
23Police vehicles. All proceeds received by the Department of
24Central Management Services under this Act from the sale of
25vehicles operated by the Illinois Department of State Police

 

 

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1shall be deposited into the State Police Vehicle Maintenance
2Fund.
3    The State Police Vehicle Maintenance Fund is created as a
4special fund in the State treasury. All moneys in the State
5Police Vehicle Maintenance Fund, subject to appropriation,
6shall be used by the Illinois Department of State Police for
7the maintenance and operation of vehicles for that Department.
8(Source: P.A. 101-636, eff. 6-10-20.)
 
9    (30 ILCS 605/7c)
10    Sec. 7c. Acquisition of Illinois State Police vehicles.
11The State Police Vehicle Fund is created as a special fund in
12the State treasury. All moneys in the Fund, subject to
13appropriation, shall be used by the Illinois Department of
14State Police:
15        (1) for the acquisition of vehicles for that
16    Department; or
17        (2) for debt service on bonds issued to finance the
18    acquisition of vehicles for that Department.
19(Source: P.A. 100-987, eff. 7-1-19.)
 
20    Section 350. The State Vehicle Identification Act is
21amended by changing Section 4 as follows:
 
22    (30 ILCS 610/4)  (from Ch. 127, par. 133e4)
23    Sec. 4. This Act shall not apply to vehicles used by

 

 

SB2037- 440 -LRB102 17120 WGH 22551 b

1elective State officers, by executive heads of State agencies
2and departments, by presidents of colleges or universities
3placed under control of officers of this State, or by any
4employee of a State agency or department in the performance of
5investigative services exclusively when the executive head
6thereof has requested an exception in writing, and such
7exception has been approved in writing by the Department, on
8the basis that the identification would hamper the individual
9employee in the routine performance of his investigative
10duties. A record, open to public inspection, shall be kept by
11the Department of all such exceptions approved by it.
12    This Act shall not apply to vehicles assigned to the use of
13the Illinois Department of State Police and the Division of
14Law Enforcement of the Department of Natural Resources, and
15the executive heads thereof shall have within their discretion
16determination of the type of markings or identification, if
17any, to be affixed to vehicles assigned to said Department or
18Division nor shall this Act apply to vehicles assigned to the
19use of Secretary of State police officers.
20(Source: P.A. 89-445, eff. 2-7-96.)
 
21    Section 355. The Intergovernmental Drug Laws Enforcement
22Act is amended by changing Sections 2.01, 3, 4, 5, and 5.1 as
23follows:
 
24    (30 ILCS 715/2.01)  (from Ch. 56 1/2, par. 1702.01)

 

 

SB2037- 441 -LRB102 17120 WGH 22551 b

1    Sec. 2.01. "Department" means the Department of State
2Police and "Director" means the Director of the Illinois State
3Police.
4(Source: P.A. 84-25.)
 
5    (30 ILCS 715/3)  (from Ch. 56 1/2, par. 1703)
6    Sec. 3. A Metropolitan Enforcement Group which meets the
7minimum criteria established in this Section is eligible to
8receive State grants to help defray the costs of operation. To
9be eligible a MEG must:
10        (1) Be established and operating pursuant to
11    intergovernmental contracts written and executed in
12    conformity with the Intergovernmental Cooperation Act, and
13    involve 2 or more units of local government.
14        (2) Establish a MEG Policy Board composed of an
15    elected official, or his designee, and the chief law
16    enforcement officer, or his designee, from each
17    participating unit of local government to oversee the
18    operations of the MEG and make such reports to the
19    Illinois Department of State Police as the Illinois State
20    Police Department may require.
21        (3) Designate a single appropriate elected official of
22    a participating unit of local government to act as the
23    financial officer of the MEG for all participating units
24    of local government and to receive funds for the operation
25    of the MEG.

 

 

SB2037- 442 -LRB102 17120 WGH 22551 b

1        (4) Limit its operations to enforcement of drug laws;
2    enforcement of Sections 24-2.1, 24-2.2, 24-3, 24-3.1,
3    24-3.3, 24-3.4, 24-4, and 24-5 and subsections 24-1(a)(4),
4    24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), and
5    24-1(c) of the Criminal Code of 2012; and the
6    investigation of streetgang related offenses.
7        (5) Cooperate with the Illinois Department of State
8    Police in order to assure compliance with this Act and to
9    enable the Illinois State Police Department to fulfill its
10    duties under this Act, and supply the Illinois State
11    Police Department with all information the Illinois State
12    Police Department deems necessary therefor.
13        (6) Receive funding of at least 50% of the total
14    operating budget of the MEG from the participating units
15    of local government.
16(Source: P.A. 97-1150, eff. 1-25-13.)
 
17    (30 ILCS 715/4)  (from Ch. 56 1/2, par. 1704)
18    Sec. 4. The Illinois Department of State Police shall
19monitor the operations of all MEG units and determine their
20eligibility to receive State grants under this Act. From the
21moneys appropriated annually by the General Assembly for this
22purpose, the Director shall determine and certify to the
23Comptroller the amount of the grant to be made to each
24designated MEG financial officer. The amount of the State
25grant which a MEG may receive hereunder may not exceed 50% of

 

 

SB2037- 443 -LRB102 17120 WGH 22551 b

1the total operating budget of that MEG.
2(Source: P.A. 84-25.)
 
3    (30 ILCS 715/5)  (from Ch. 56 1/2, par. 1705)
4    Sec. 5. The Illinois Department of State Police shall
5coordinate the operations of all MEG units and may establish
6such reasonable rules and regulations and conduct those
7investigations the Director deems necessary to carry out its
8duties under this Act, including the establishment of forms
9for reporting by each MEG to the Illinois State Police
10Department.
11(Source: P.A. 84-25.)
 
12    (30 ILCS 715/5.1)  (from Ch. 56 1/2, par. 1705.1)
13    Sec. 5.1. The Director may assign the functions and duties
14created under this Act to be administered by the Illinois
15Department of State Police, Division of Investigation.
16(Source: P.A. 84-25.)
 
17    Section 360. The State Mandates Act is amended by changing
18Section 8.40 as follows:
 
19    (30 ILCS 805/8.40)
20    Sec. 8.40. Exempt mandate.
21    (a) Notwithstanding Sections 6 and 8 of this Act, no
22reimbursement by the State is required for the implementation

 

 

SB2037- 444 -LRB102 17120 WGH 22551 b

1of any mandate created by Public Act 99-683, 99-745, or
299-905.
3    (b) Notwithstanding Sections 6 and 8 of this Act, no
4reimbursement by the State is required for the implementation
5of any mandate created by Section 40 of the Illinois State
6Police Act and Section 10.19 of the Illinois Police Training
7Act.
8(Source: P.A. 99-683, eff. 7-29-16; 99-711, eff. 1-1-17;
999-745, eff. 8-5-16; 99-905, eff. 11-29-16; 100-201, eff.
108-18-17.)
 
11    Section 365. The Illinois Income Tax Act is amended by
12changing Section 1109 as follows:
 
13    (35 ILCS 5/1109)  (from Ch. 120, par. 11-1109)
14    Sec. 1109. Demand and Seizure. In addition to any other
15remedy provided for by the laws of this State, if the tax
16imposed by this Act is not paid within the time required by
17this Act, the Department, or some person designated by it, may
18cause a demand to be made on the taxpayer for the payment
19thereof. If such tax remains unpaid for 10 days after such
20demand has been made and no proceedings have been taken to
21review the same, the Department may issue a warrant directed
22to any sheriff or other person authorized to serve process,
23commanding the sheriff or other person to levy upon the
24property and rights to property (whether real or personal,

 

 

SB2037- 445 -LRB102 17120 WGH 22551 b

1tangible or intangible) of the taxpayer, without exemption,
2found within his jurisdiction, for the payment of the amount
3thereof with the added penalties, interest and the cost of
4executing the warrant. The term "levy" includes the power of
5distraint and seizure by any means. In any case in which the
6warrant to levy has been issued, the sheriff or other person to
7whom the warrant was directed may seize and sell such property
8or rights to property. Such warrant shall be returned to the
9Department together with the money collected by virtue thereof
10within the time therein specified, which shall not be less
11than 20 nor more than 90 days from the date of the warrant. The
12sheriff or other person to whom such warrant is directed shall
13proceed in the same manner as prescribed by law in respect to
14the enforcement against property upon judgments by a court,
15and shall be entitled to the same fees for his services in
16executing the warrant, to be collected in the same manner. The
17Department, or some officer, employee or agent designated by
18it, is hereby authorized to bid for and purchase any property
19sold under the provisions hereof. No proceedings for a levy
20under this Section shall be commenced more than 20 years after
21the latest date for filing of the notice of lien under the
22provisions of Section 1103, without regard to whether such
23notice was actually filed.
24    Any officer or employee of the Department designated in
25writing by the Director is authorized to serve process under
26this Section to levy upon accounts or other intangible assets

 

 

SB2037- 446 -LRB102 17120 WGH 22551 b

1of a taxpayer held by a financial organization, as defined in
2Section 1501 of this Act. In addition to any other provisions
3of this Section, any officer or employee of the Department
4designated in writing by the Director may levy upon the
5following property and rights to property belonging to a
6taxpayer: contractual payments, accounts and notes receivable
7and other evidences of debt, and interest on bonds, by serving
8a notice of levy on the person making such payment. Levy shall
9not be made until the Department has caused a demand to be made
10on the taxpayer in the manner provided above. In addition to
11any other provisions of this Section, any officer or employee
12of the Department designated in writing by the Director, may
13levy upon the salary, wages, commissions and bonuses of any
14employee, including officers, employees, or elected officials
15of the United States as authorized by Section 5520a of the
16Government Organization and Employees Act (5 U.S.C. 5520a),
17but not upon the salary or wages of officers, employees, or
18elected officials of any state other than this State, by
19serving a notice of levy on the employer, as defined in Section
20701(d). Levy shall not be made until the Department has caused
21a demand to be made on the employee in the manner provided
22above. The provisions of Section 12-803 of the Code of Civil
23Procedure relating to maximum compensation subject to
24collection under wage deduction orders shall apply to all
25levies made upon compensation under this Section. To the
26extent of the amount due on the levy, the employer or other

 

 

SB2037- 447 -LRB102 17120 WGH 22551 b

1person making payments to the taxpayer shall hold any
2non-exempt wages or other payments due or which subsequently
3come due. The levy or balance due thereon is a lien on wages or
4other payments due at the time of the service of the notice of
5levy, and such lien shall continue as to subsequent earnings
6and other payments until the total amount due upon the levy is
7paid, except that such lien on subsequent earnings or other
8payments shall terminate sooner if the employment relationship
9is terminated or if the notice of levy is rescinded or
10modified. The employer or other person making payments to the
11taxpayer shall file, on or before the return dates stated in
12the notice of levy (which shall not be more often than
13bimonthly) a written answer under oath to interrogatories,
14setting forth the amount due as wages or other payments to the
15taxpayer for the payment periods ending immediately prior to
16the appropriate return date. A lien obtained hereunder shall
17have priority over any subsequent lien obtained pursuant to
18Section 12-808 of the Code of Civil Procedure, except that
19liens for the support of a spouse or dependent children shall
20have priority over all liens obtained hereunder.
21    In any case where property or rights to property have been
22seized by an officer of the Illinois Department of State
23Police, or successor agency thereto, under the authority of a
24warrant to levy issued by the Department of Revenue, the
25Department of Revenue may take possession of and may sell such
26property or rights to property and the Department of Revenue

 

 

SB2037- 448 -LRB102 17120 WGH 22551 b

1may contract with third persons to conduct sales of such
2property or rights to the property. In the conduct of such
3sales, the Department of Revenue shall proceed in the same
4manner as is prescribed by law for proceeding against property
5to enforce judgments which are entered by a circuit court of
6this State. If, in the Department of Revenue's opinion, no
7offer to purchase at such sale is acceptable and the State's
8interest would be better served by retaining the property for
9sale at a later date, then the Department may decline to accept
10any bid and may retain the property for sale at a later date.
11(Source: P.A. 89-399, eff. 8-20-95.)
 
12    Section 370. The Cigarette Use Tax Act is amended by
13changing Section 3-10 as follows:
 
14    (35 ILCS 135/3-10)
15    Sec. 3-10. Cigarette enforcement.
16    (a) Prohibitions. It is unlawful for any person:
17        (1) to sell or distribute in this State; to acquire,
18    hold, own, possess, or transport, for sale or distribution
19    in this State; or to import, or cause to be imported into
20    this State for sale or distribution in this State:
21            (A) any cigarettes the package of which:
22                (i) bears any statement, label, stamp,
23            sticker, or notice indicating that the
24            manufacturer did not intend the cigarettes to be

 

 

SB2037- 449 -LRB102 17120 WGH 22551 b

1            sold, distributed, or used in the United States,
2            including but not limited to labels stating "For
3            Export Only", "U.S. Tax Exempt", "For Use Outside
4            U.S.", or similar wording; or
5                (ii) does not comply with:
6                    (aa) all requirements imposed by or
7                pursuant to federal law regarding warnings and
8                other information on packages of cigarettes
9                manufactured, packaged, or imported for sale,
10                distribution, or use in the United States,
11                including but not limited to the precise
12                warning labels specified in the federal
13                Cigarette Labeling and Advertising Act, 15
14                U.S.C. 1333; and
15                    (bb) all federal trademark and copyright
16                laws;
17            (B) any cigarettes imported into the United States
18        in violation of 26 U.S.C. 5754 or any other federal
19        law, or implementing federal regulations;
20            (C) any cigarettes that such person otherwise
21        knows or has reason to know the manufacturer did not
22        intend to be sold, distributed, or used in the United
23        States; or
24            (D) any cigarettes for which there has not been
25        submitted to the Secretary of the U.S. Department of
26        Health and Human Services the list or lists of the

 

 

SB2037- 450 -LRB102 17120 WGH 22551 b

1        ingredients added to tobacco in the manufacture of the
2        cigarettes required by the federal Cigarette Labeling
3        and Advertising Act, 15 U.S.C. 1335a;
4        (2) to alter the package of any cigarettes, prior to
5    sale or distribution to the ultimate consumer, so as to
6    remove, conceal, or obscure:
7            (A) any statement, label, stamp, sticker, or
8        notice described in subdivision (a)(1)(A)(i) of this
9        Section;
10            (B) any health warning that is not specified in,
11        or does not conform with the requirements of, the
12        federal Cigarette Labeling and Advertising Act, 15
13        U.S.C. 1333; or
14        (3) to affix any stamp required pursuant to this Act
15    to the package of any cigarettes described in subdivision
16    (a)(1) of this Section or altered in violation of
17    subdivision (a)(2).
18    (b) Documentation. On the first business day of each
19month, each person licensed to affix the State tax stamp to
20cigarettes shall file with the Department, for all cigarettes
21imported into the United States to which the person has
22affixed the tax stamp in the preceding month:
23        (1) a copy of:
24            (A) the permit issued pursuant to the Internal
25        Revenue Code, 26 U.S.C. 5713, to the person importing
26        the cigarettes into the United States allowing the

 

 

SB2037- 451 -LRB102 17120 WGH 22551 b

1        person to import the cigarettes; and
2            (B) the customs form containing, with respect to
3        the cigarettes, the internal revenue tax information
4        required by the U.S. Bureau of Alcohol, Tobacco and
5        Firearms;
6        (2) a statement, signed by the person under penalty of
7    perjury, which shall be treated as confidential by the
8    Department and exempt from disclosure under the Freedom of
9    Information Act, identifying the brand and brand styles of
10    all such cigarettes, the quantity of each brand style of
11    such cigarettes, the supplier of such cigarettes, and the
12    person or persons, if any, to whom such cigarettes have
13    been conveyed for resale; and a separate statement, signed
14    by the individual under penalty of perjury, which shall
15    not be treated as confidential or exempt from disclosure,
16    separately identifying the brands and brand styles of such
17    cigarettes; and
18        (3) a statement, signed by an officer of the
19    manufacturer or importer under penalty of perjury,
20    certifying that the manufacturer or importer has complied
21    with:
22            (A) the package health warning and ingredient
23        reporting requirements of the federal Cigarette
24        Labeling and Advertising Act, 15 U.S.C. 1333 and
25        1335a, with respect to such cigarettes; and
26            (B) the provisions of Exhibit T of the Master

 

 

SB2037- 452 -LRB102 17120 WGH 22551 b

1        Settlement Agreement entered in the case of People of
2        the State of Illinois v. Philip Morris, et al.
3        (Circuit Court of Cook County, No. 96-L13146),
4        including a statement indicating whether the
5        manufacturer is, or is not, a participating tobacco
6        manufacturer within the meaning of Exhibit T.
7    (c) Administrative sanctions.
8        (1) Upon finding that a distributor, secondary
9    distributor, retailer, or a person has committed any of
10    the acts prohibited by subsection (a), knowing or having
11    reason to know that he or she has done so, or upon finding
12    that a distributor or person has failed to comply with any
13    requirement of subsection (b), the Department may revoke
14    or suspend the license or licenses of any distributor,
15    retailer, or secondary distributor pursuant to the
16    procedures set forth in Section 6 and impose on the
17    distributor, secondary distributor, retailer, or person, a
18    civil penalty in an amount not to exceed the greater of
19    500% of the retail value of the cigarettes involved or
20    $5,000.
21        (2) Cigarettes that are acquired, held, owned,
22    possessed, transported in, imported into, or sold or
23    distributed in this State in violation of this Section
24    shall be deemed contraband under this Act and are subject
25    to seizure and forfeiture as provided in this Act, and all
26    such cigarettes seized and forfeited shall be destroyed or

 

 

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1    maintained and used in an undercover capacity. Such
2    cigarettes shall be deemed contraband whether the
3    violation of this Section is knowing or otherwise.
4    (d) Unfair trade practices. In addition to any other
5penalties provided for in this Act, a violation of subsection
6(a) or subsection (b) of this Section shall constitute an
7unlawful practice as provided in the Consumer Fraud and
8Deceptive Business Practices Act.
9    (d-1) Retailers who are licensed under Section 4g of the
10Cigarette Tax Act and secondary distributors shall not be
11liable under subsections (c)(1) and (d) of this Section for
12unknowingly possessing, selling, or distributing to consumers
13or users cigarettes identified in subsection (a)(1) of this
14Section if the cigarettes possessed, sold, or distributed by
15the licensed retailer were obtained from a distributor or
16secondary distributor licensed under this Act or the Cigarette
17Tax Act.
18    (d-2) Criminal Penalties. A distributor, secondary
19distributor, retailer, or person who violates subsection (a),
20or a distributor, secondary distributor, or person who
21violates subsection (b) of this Section shall be guilty of a
22Class 4 felony.
23    (e) Unfair cigarette sales. For purposes of the Trademark
24Registration and Protection Act and the Counterfeit Trademark
25Act, cigarettes imported or reimported into the United States
26for sale or distribution under any trade name, trade dress, or

 

 

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1trademark that is the same as, or is confusingly similar to,
2any trade name, trade dress, or trademark used for cigarettes
3manufactured in the United States for sale or distribution in
4the United States shall be presumed to have been purchased
5outside of the ordinary channels of trade.
6    (f) General provisions.
7        (1) This Section shall be enforced by the Department;
8    provided that, at the request of the Director of Revenue
9    or the Director's duly authorized agent, the Illinois
10    State Police police and all local police authorities shall
11    enforce the provisions of this Section. The Attorney
12    General has concurrent power with the State's Attorney of
13    any county to enforce this Section.
14        (2) For the purpose of enforcing this Section, the
15    Director of Revenue and any agency to which the Director
16    has delegated enforcement responsibility pursuant to
17    subdivision (f)(1) may request information from any State
18    or local agency and may share information with and request
19    information from any federal agency and any agency of any
20    other state or any local agency of any other state.
21        (3) In addition to any other remedy provided by law,
22    including enforcement as provided in subdivision (f)(1),
23    any person may bring an action for appropriate injunctive
24    or other equitable relief for a violation of this Section;
25    actual damages, if any, sustained by reason of the
26    violation; and, as determined by the court, interest on

 

 

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1    the damages from the date of the complaint, taxable costs,
2    and reasonable attorney's fees. If the trier of fact finds
3    that the violation is flagrant, it may increase recovery
4    to an amount not in excess of 3 times the actual damages
5    sustained by reason of the violation.
6    (g) Definitions. As used in this Section:
7    "Importer" means that term as defined in 26 U.S.C.
85702(1).
9    "Package" means that term as defined in 15 U.S.C. 1332(4).
10    (h) Applicability.
11        (1) This Section does not apply to:
12            (A) cigarettes allowed to be imported or brought
13        into the United States for personal use; and
14            (B) cigarettes sold or intended to be sold as
15        duty-free merchandise by a duty-free sales enterprise
16        in accordance with the provisions of 19 U.S.C. 1555(b)
17        and any implementing regulations; except that this
18        Section shall apply to any such cigarettes that are
19        brought back into the customs territory for resale
20        within the customs territory.
21        (2) The penalties provided in this Section are in
22    addition to any other penalties imposed under other
23    provision of law.
24(Source: P.A. 98-1055, eff. 1-1-16.)
 
25    Section 380. The Illinois Pension Code is amended by

 

 

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1changing Sections 14-103.05, 14-110, 14-123.1, and 14-124 as
2follows:
 
3    (40 ILCS 5/14-103.05)  (from Ch. 108 1/2, par. 14-103.05)
4    Sec. 14-103.05. Employee.
5    (a) Any person employed by a Department who receives
6salary for personal services rendered to the Department on a
7warrant issued pursuant to a payroll voucher certified by a
8Department and drawn by the State Comptroller upon the State
9Treasurer, including an elected official described in
10subparagraph (d) of Section 14-104, shall become an employee
11for purpose of membership in the Retirement System on the
12first day of such employment.
13    A person entering service on or after January 1, 1972 and
14prior to January 1, 1984 shall become a member as a condition
15of employment and shall begin making contributions as of the
16first day of employment.
17    A person entering service on or after January 1, 1984
18shall, upon completion of 6 months of continuous service which
19is not interrupted by a break of more than 2 months, become a
20member as a condition of employment. Contributions shall begin
21the first of the month after completion of the qualifying
22period.
23    A person employed by the Chicago Metropolitan Agency for
24Planning on the effective date of this amendatory Act of the
2595th General Assembly who was a member of this System as an

 

 

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1employee of the Chicago Area Transportation Study and makes an
2election under Section 14-104.13 to participate in this System
3for his or her employment with the Chicago Metropolitan Agency
4for Planning.
5    The qualifying period of 6 months of service is not
6applicable to: (1) a person who has been granted credit for
7service in a position covered by the State Universities
8Retirement System, the Teachers' Retirement System of the
9State of Illinois, the General Assembly Retirement System, or
10the Judges Retirement System of Illinois unless that service
11has been forfeited under the laws of those systems; (2) a
12person entering service on or after July 1, 1991 in a
13noncovered position; (3) a person to whom Section 14-108.2a or
1414-108.2b applies; or (4) a person to whom subsection (a-5) of
15this Section applies.
16    (a-5) A person entering service on or after December 1,
172010 shall become a member as a condition of employment and
18shall begin making contributions as of the first day of
19employment. A person serving in the qualifying period on
20December 1, 2010 will become a member on December 1, 2010 and
21shall begin making contributions as of December 1, 2010.
22    (b) The term "employee" does not include the following:
23        (1) members of the State Legislature, and persons
24    electing to become members of the General Assembly
25    Retirement System pursuant to Section 2-105;
26        (2) incumbents of offices normally filled by vote of

 

 

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1    the people;
2        (3) except as otherwise provided in this Section, any
3    person appointed by the Governor with the advice and
4    consent of the Senate unless that person elects to
5    participate in this system;
6        (3.1) any person serving as a commissioner of an
7    ethics commission created under the State Officials and
8    Employees Ethics Act unless that person elects to
9    participate in this system with respect to that service as
10    a commissioner;
11        (3.2) any person serving as a part-time employee in
12    any of the following positions: Legislative Inspector
13    General, Special Legislative Inspector General, employee
14    of the Office of the Legislative Inspector General,
15    Executive Director of the Legislative Ethics Commission,
16    or staff of the Legislative Ethics Commission, regardless
17    of whether he or she is in active service on or after July
18    8, 2004 (the effective date of Public Act 93-685), unless
19    that person elects to participate in this System with
20    respect to that service; in this item (3.2), a "part-time
21    employee" is a person who is not required to work at least
22    35 hours per week;
23        (3.3) any person who has made an election under
24    Section 1-123 and who is serving either as legal counsel
25    in the Office of the Governor or as Chief Deputy Attorney
26    General;

 

 

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1        (4) except as provided in Section 14-108.2 or
2    14-108.2c, any person who is covered or eligible to be
3    covered by the Teachers' Retirement System of the State of
4    Illinois, the State Universities Retirement System, or the
5    Judges Retirement System of Illinois;
6        (5) an employee of a municipality or any other
7    political subdivision of the State;
8        (6) any person who becomes an employee after June 30,
9    1979 as a public service employment program participant
10    under the Federal Comprehensive Employment and Training
11    Act and whose wages or fringe benefits are paid in whole or
12    in part by funds provided under such Act;
13        (7) enrollees of the Illinois Young Adult Conservation
14    Corps program, administered by the Department of Natural
15    Resources, authorized grantee pursuant to Title VIII of
16    the "Comprehensive Employment and Training Act of 1973",
17    29 USC 993, as now or hereafter amended;
18        (8) enrollees and temporary staff of programs
19    administered by the Department of Natural Resources under
20    the Youth Conservation Corps Act of 1970;
21        (9) any person who is a member of any professional
22    licensing or disciplinary board created under an Act
23    administered by the Department of Professional Regulation
24    or a successor agency or created or re-created after the
25    effective date of this amendatory Act of 1997, and who
26    receives per diem compensation rather than a salary,

 

 

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1    notwithstanding that such per diem compensation is paid by
2    warrant issued pursuant to a payroll voucher; such persons
3    have never been included in the membership of this System,
4    and this amendatory Act of 1987 (P.A. 84-1472) is not
5    intended to effect any change in the status of such
6    persons;
7        (10) any person who is a member of the Illinois Health
8    Care Cost Containment Council, and receives per diem
9    compensation rather than a salary, notwithstanding that
10    such per diem compensation is paid by warrant issued
11    pursuant to a payroll voucher; such persons have never
12    been included in the membership of this System, and this
13    amendatory Act of 1987 is not intended to effect any
14    change in the status of such persons;
15        (11) any person who is a member of the Oil and Gas
16    Board created by Section 1.2 of the Illinois Oil and Gas
17    Act, and receives per diem compensation rather than a
18    salary, notwithstanding that such per diem compensation is
19    paid by warrant issued pursuant to a payroll voucher;
20        (12) a person employed by the State Board of Higher
21    Education in a position with the Illinois Century Network
22    as of June 30, 2004, who remains continuously employed
23    after that date by the Department of Central Management
24    Services in a position with the Illinois Century Network
25    and participates in the Article 15 system with respect to
26    that employment;

 

 

SB2037- 461 -LRB102 17120 WGH 22551 b

1        (13) any person who first becomes a member of the
2    Civil Service Commission on or after January 1, 2012;
3        (14) any person, other than the Director of Employment
4    Security, who first becomes a member of the Board of
5    Review of the Department of Employment Security on or
6    after January 1, 2012;
7        (15) any person who first becomes a member of the
8    Civil Service Commission on or after January 1, 2012;
9        (16) any person who first becomes a member of the
10    Illinois Liquor Control Commission on or after January 1,
11    2012;
12        (17) any person who first becomes a member of the
13    Secretary of State Merit Commission on or after January 1,
14    2012;
15        (18) any person who first becomes a member of the
16    Human Rights Commission on or after January 1, 2012 unless
17    he or she is eligible to participate in accordance with
18    subsection (d) of this Section;
19        (19) any person who first becomes a member of the
20    State Mining Board on or after January 1, 2012;
21        (20) any person who first becomes a member of the
22    Property Tax Appeal Board on or after January 1, 2012;
23        (21) any person who first becomes a member of the
24    Illinois Racing Board on or after January 1, 2012;
25        (22) any person who first becomes a member of the
26    Illinois Department of State Police Merit Board on or

 

 

SB2037- 462 -LRB102 17120 WGH 22551 b

1    after January 1, 2012;
2        (23) any person who first becomes a member of the
3    Illinois State Toll Highway Authority on or after January
4    1, 2012; or
5        (24) any person who first becomes a member of the
6    Illinois State Board of Elections on or after January 1,
7    2012.
8    (c) An individual who represents or is employed as an
9officer or employee of a statewide labor organization that
10represents members of this System may participate in the
11System and shall be deemed an employee, provided that (1) the
12individual has previously earned creditable service under this
13Article, (2) the individual files with the System an
14irrevocable election to become a participant within 6 months
15after the effective date of this amendatory Act of the 94th
16General Assembly, and (3) the individual does not receive
17credit for that employment under any other provisions of this
18Code. An employee under this subsection (c) is responsible for
19paying to the System both (i) employee contributions based on
20the actual compensation received for service with the labor
21organization and (ii) employer contributions based on the
22percentage of payroll certified by the board; all or any part
23of these contributions may be paid on the employee's behalf or
24picked up for tax purposes (if authorized under federal law)
25by the labor organization.
26    A person who is an employee as defined in this subsection

 

 

SB2037- 463 -LRB102 17120 WGH 22551 b

1(c) may establish service credit for similar employment prior
2to becoming an employee under this subsection by paying to the
3System for that employment the contributions specified in this
4subsection, plus interest at the effective rate from the date
5of service to the date of payment. However, credit shall not be
6granted under this subsection (c) for any such prior
7employment for which the applicant received credit under any
8other provision of this Code or during which the applicant was
9on a leave of absence.
10    (d) A person appointed as a member of the Human Rights
11Commission on or after June 1, 2019 may elect to participate in
12the System and shall be deemed an employee. Service and
13contributions shall begin on the first payroll period
14immediately following the employee's election to participate
15in the System.
16    A person who is an employee as described in this
17subsection (d) may establish service credit for employment as
18a Human Rights Commissioner that occurred on or after June 1,
192019 and before establishing service under this subsection by
20paying to the System for that employment the contributions
21specified in paragraph (1) of subsection (a) of Section
2214-133, plus regular interest from the date of service to the
23date of payment.
24(Source: P.A. 101-10, eff. 6-5-19.)
 
25    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)

 

 

SB2037- 464 -LRB102 17120 WGH 22551 b

1    Sec. 14-110. Alternative retirement annuity.
2    (a) Any member who has withdrawn from service with not
3less than 20 years of eligible creditable service and has
4attained age 55, and any member who has withdrawn from service
5with not less than 25 years of eligible creditable service and
6has attained age 50, regardless of whether the attainment of
7either of the specified ages occurs while the member is still
8in service, shall be entitled to receive at the option of the
9member, in lieu of the regular or minimum retirement annuity,
10a retirement annuity computed as follows:
11        (i) for periods of service as a noncovered employee:
12    if retirement occurs on or after January 1, 2001, 3% of
13    final average compensation for each year of creditable
14    service; if retirement occurs before January 1, 2001, 2
15    1/4% of final average compensation for each of the first
16    10 years of creditable service, 2 1/2% for each year above
17    10 years to and including 20 years of creditable service,
18    and 2 3/4% for each year of creditable service above 20
19    years; and
20        (ii) for periods of eligible creditable service as a
21    covered employee: if retirement occurs on or after January
22    1, 2001, 2.5% of final average compensation for each year
23    of creditable service; if retirement occurs before January
24    1, 2001, 1.67% of final average compensation for each of
25    the first 10 years of such service, 1.90% for each of the
26    next 10 years of such service, 2.10% for each year of such

 

 

SB2037- 465 -LRB102 17120 WGH 22551 b

1    service in excess of 20 but not exceeding 30, and 2.30% for
2    each year in excess of 30.
3    Such annuity shall be subject to a maximum of 75% of final
4average compensation if retirement occurs before January 1,
52001 or to a maximum of 80% of final average compensation if
6retirement occurs on or after January 1, 2001.
7    These rates shall not be applicable to any service
8performed by a member as a covered employee which is not
9eligible creditable service. Service as a covered employee
10which is not eligible creditable service shall be subject to
11the rates and provisions of Section 14-108.
12    (b) For the purpose of this Section, "eligible creditable
13service" means creditable service resulting from service in
14one or more of the following positions:
15        (1) State policeman;
16        (2) fire fighter in the fire protection service of a
17    department;
18        (3) air pilot;
19        (4) special agent;
20        (5) investigator for the Secretary of State;
21        (6) conservation police officer;
22        (7) investigator for the Department of Revenue or the
23    Illinois Gaming Board;
24        (8) security employee of the Department of Human
25    Services;
26        (9) Central Management Services security police

 

 

SB2037- 466 -LRB102 17120 WGH 22551 b

1    officer;
2        (10) security employee of the Department of
3    Corrections or the Department of Juvenile Justice;
4        (11) dangerous drugs investigator;
5        (12) investigator for the Illinois Department of State
6    Police;
7        (13) investigator for the Office of the Attorney
8    General;
9        (14) controlled substance inspector;
10        (15) investigator for the Office of the State's
11    Attorneys Appellate Prosecutor;
12        (16) Commerce Commission police officer;
13        (17) arson investigator;
14        (18) State highway maintenance worker;
15        (19) security employee of the Department of Innovation
16    and Technology; or
17        (20) transferred employee.
18    A person employed in one of the positions specified in
19this subsection is entitled to eligible creditable service for
20service credit earned under this Article while undergoing the
21basic police training course approved by the Illinois Law
22Enforcement Training Standards Board, if completion of that
23training is required of persons serving in that position. For
24the purposes of this Code, service during the required basic
25police training course shall be deemed performance of the
26duties of the specified position, even though the person is

 

 

SB2037- 467 -LRB102 17120 WGH 22551 b

1not a sworn peace officer at the time of the training.
2    A person under paragraph (20) is entitled to eligible
3creditable service for service credit earned under this
4Article on and after his or her transfer by Executive Order No.
52003-10, Executive Order No. 2004-2, or Executive Order No.
62016-1.
7    (c) For the purposes of this Section:
8        (1) The term "State policeman" includes any title or
9    position in the Illinois Department of State Police that
10    is held by an individual employed under the Illinois State
11    Police Act.
12        (2) The term "fire fighter in the fire protection
13    service of a department" includes all officers in such
14    fire protection service including fire chiefs and
15    assistant fire chiefs.
16        (3) The term "air pilot" includes any employee whose
17    official job description on file in the Department of
18    Central Management Services, or in the department by which
19    he is employed if that department is not covered by the
20    Personnel Code, states that his principal duty is the
21    operation of aircraft, and who possesses a pilot's
22    license; however, the change in this definition made by
23    this amendatory Act of 1983 shall not operate to exclude
24    any noncovered employee who was an "air pilot" for the
25    purposes of this Section on January 1, 1984.
26        (4) The term "special agent" means any person who by

 

 

SB2037- 468 -LRB102 17120 WGH 22551 b

1    reason of employment by the Division of Narcotic Control,
2    the Bureau of Investigation or, after July 1, 1977, the
3    Division of Criminal Investigation, the Division of
4    Internal Investigation, the Division of Operations, the
5    Division of Patrol Operations, or any other Division or
6    organizational entity in the Illinois Department of State
7    Police is vested by law with duties to maintain public
8    order, investigate violations of the criminal law of this
9    State, enforce the laws of this State, make arrests and
10    recover property. The term "special agent" includes any
11    title or position in the Illinois Department of State
12    Police that is held by an individual employed under the
13    Illinois State Police Act.
14        (5) The term "investigator for the Secretary of State"
15    means any person employed by the Office of the Secretary
16    of State and vested with such investigative duties as
17    render him ineligible for coverage under the Social
18    Security Act by reason of Sections 218(d)(5)(A),
19    218(d)(8)(D) and 218(l)(1) of that Act.
20        A person who became employed as an investigator for
21    the Secretary of State between January 1, 1967 and
22    December 31, 1975, and who has served as such until
23    attainment of age 60, either continuously or with a single
24    break in service of not more than 3 years duration, which
25    break terminated before January 1, 1976, shall be entitled
26    to have his retirement annuity calculated in accordance

 

 

SB2037- 469 -LRB102 17120 WGH 22551 b

1    with subsection (a), notwithstanding that he has less than
2    20 years of credit for such service.
3        (6) The term "Conservation Police Officer" means any
4    person employed by the Division of Law Enforcement of the
5    Department of Natural Resources and vested with such law
6    enforcement duties as render him ineligible for coverage
7    under the Social Security Act by reason of Sections
8    218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
9    term "Conservation Police Officer" includes the positions
10    of Chief Conservation Police Administrator and Assistant
11    Conservation Police Administrator.
12        (7) The term "investigator for the Department of
13    Revenue" means any person employed by the Department of
14    Revenue and vested with such investigative duties as
15    render him ineligible for coverage under the Social
16    Security Act by reason of Sections 218(d)(5)(A),
17    218(d)(8)(D) and 218(l)(1) of that Act.
18        The term "investigator for the Illinois Gaming Board"
19    means any person employed as such by the Illinois Gaming
20    Board and vested with such peace officer duties as render
21    the person ineligible for coverage under the Social
22    Security Act by reason of Sections 218(d)(5)(A),
23    218(d)(8)(D), and 218(l)(1) of that Act.
24        (8) The term "security employee of the Department of
25    Human Services" means any person employed by the
26    Department of Human Services who (i) is employed at the

 

 

SB2037- 470 -LRB102 17120 WGH 22551 b

1    Chester Mental Health Center and has daily contact with
2    the residents thereof, (ii) is employed within a security
3    unit at a facility operated by the Department and has
4    daily contact with the residents of the security unit,
5    (iii) is employed at a facility operated by the Department
6    that includes a security unit and is regularly scheduled
7    to work at least 50% of his or her working hours within
8    that security unit, or (iv) is a mental health police
9    officer. "Mental health police officer" means any person
10    employed by the Department of Human Services in a position
11    pertaining to the Department's mental health and
12    developmental disabilities functions who is vested with
13    such law enforcement duties as render the person
14    ineligible for coverage under the Social Security Act by
15    reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
16    218(l)(1) of that Act. "Security unit" means that portion
17    of a facility that is devoted to the care, containment,
18    and treatment of persons committed to the Department of
19    Human Services as sexually violent persons, persons unfit
20    to stand trial, or persons not guilty by reason of
21    insanity. With respect to past employment, references to
22    the Department of Human Services include its predecessor,
23    the Department of Mental Health and Developmental
24    Disabilities.
25        The changes made to this subdivision (c)(8) by Public
26    Act 92-14 apply to persons who retire on or after January

 

 

SB2037- 471 -LRB102 17120 WGH 22551 b

1    1, 2001, notwithstanding Section 1-103.1.
2        (9) "Central Management Services security police
3    officer" means any person employed by the Department of
4    Central Management Services who is vested with such law
5    enforcement duties as render him ineligible for coverage
6    under the Social Security Act by reason of Sections
7    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
8        (10) For a member who first became an employee under
9    this Article before July 1, 2005, the term "security
10    employee of the Department of Corrections or the
11    Department of Juvenile Justice" means any employee of the
12    Department of Corrections or the Department of Juvenile
13    Justice or the former Department of Personnel, and any
14    member or employee of the Prisoner Review Board, who has
15    daily contact with inmates or youth by working within a
16    correctional facility or Juvenile facility operated by the
17    Department of Juvenile Justice or who is a parole officer
18    or an employee who has direct contact with committed
19    persons in the performance of his or her job duties. For a
20    member who first becomes an employee under this Article on
21    or after July 1, 2005, the term means an employee of the
22    Department of Corrections or the Department of Juvenile
23    Justice who is any of the following: (i) officially
24    headquartered at a correctional facility or Juvenile
25    facility operated by the Department of Juvenile Justice,
26    (ii) a parole officer, (iii) a member of the apprehension

 

 

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1    unit, (iv) a member of the intelligence unit, (v) a member
2    of the sort team, or (vi) an investigator.
3        (11) The term "dangerous drugs investigator" means any
4    person who is employed as such by the Department of Human
5    Services.
6        (12) The term "investigator for the Illinois
7    Department of State Police" means a person employed by the
8    Illinois Department of State Police who is vested under
9    Section 4 of the Narcotic Control Division Abolition Act
10    with such law enforcement powers as render him ineligible
11    for coverage under the Social Security Act by reason of
12    Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
13    Act.
14        (13) "Investigator for the Office of the Attorney
15    General" means any person who is employed as such by the
16    Office of the Attorney General and is vested with such
17    investigative duties as render him ineligible for coverage
18    under the Social Security Act by reason of Sections
19    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
20    the period before January 1, 1989, the term includes all
21    persons who were employed as investigators by the Office
22    of the Attorney General, without regard to social security
23    status.
24        (14) "Controlled substance inspector" means any person
25    who is employed as such by the Department of Professional
26    Regulation and is vested with such law enforcement duties

 

 

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1    as render him ineligible for coverage under the Social
2    Security Act by reason of Sections 218(d)(5)(A),
3    218(d)(8)(D) and 218(l)(1) of that Act. The term
4    "controlled substance inspector" includes the Program
5    Executive of Enforcement and the Assistant Program
6    Executive of Enforcement.
7        (15) The term "investigator for the Office of the
8    State's Attorneys Appellate Prosecutor" means a person
9    employed in that capacity on a full time basis under the
10    authority of Section 7.06 of the State's Attorneys
11    Appellate Prosecutor's Act.
12        (16) "Commerce Commission police officer" means any
13    person employed by the Illinois Commerce Commission who is
14    vested with such law enforcement duties as render him
15    ineligible for coverage under the Social Security Act by
16    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
17    218(l)(1) of that Act.
18        (17) "Arson investigator" means any person who is
19    employed as such by the Office of the State Fire Marshal
20    and is vested with such law enforcement duties as render
21    the person ineligible for coverage under the Social
22    Security Act by reason of Sections 218(d)(5)(A),
23    218(d)(8)(D), and 218(l)(1) of that Act. A person who was
24    employed as an arson investigator on January 1, 1995 and
25    is no longer in service but not yet receiving a retirement
26    annuity may convert his or her creditable service for

 

 

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1    employment as an arson investigator into eligible
2    creditable service by paying to the System the difference
3    between the employee contributions actually paid for that
4    service and the amounts that would have been contributed
5    if the applicant were contributing at the rate applicable
6    to persons with the same social security status earning
7    eligible creditable service on the date of application.
8        (18) The term "State highway maintenance worker" means
9    a person who is either of the following:
10            (i) A person employed on a full-time basis by the
11        Illinois Department of Transportation in the position
12        of highway maintainer, highway maintenance lead
13        worker, highway maintenance lead/lead worker, heavy
14        construction equipment operator, power shovel
15        operator, or bridge mechanic; and whose principal
16        responsibility is to perform, on the roadway, the
17        actual maintenance necessary to keep the highways that
18        form a part of the State highway system in serviceable
19        condition for vehicular traffic.
20            (ii) A person employed on a full-time basis by the
21        Illinois State Toll Highway Authority in the position
22        of equipment operator/laborer H-4, equipment
23        operator/laborer H-6, welder H-4, welder H-6,
24        mechanical/electrical H-4, mechanical/electrical H-6,
25        water/sewer H-4, water/sewer H-6, sign maker/hanger
26        H-4, sign maker/hanger H-6, roadway lighting H-4,

 

 

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1        roadway lighting H-6, structural H-4, structural H-6,
2        painter H-4, or painter H-6; and whose principal
3        responsibility is to perform, on the roadway, the
4        actual maintenance necessary to keep the Authority's
5        tollways in serviceable condition for vehicular
6        traffic.
7        (19) The term "security employee of the Department of
8    Innovation and Technology" means a person who was a
9    security employee of the Department of Corrections or the
10    Department of Juvenile Justice, was transferred to the
11    Department of Innovation and Technology pursuant to
12    Executive Order 2016-01, and continues to perform similar
13    job functions under that Department.
14        (20) "Transferred employee" means an employee who was
15    transferred to the Department of Central Management
16    Services by Executive Order No. 2003-10 or Executive Order
17    No. 2004-2 or transferred to the Department of Innovation
18    and Technology by Executive Order No. 2016-1, or both, and
19    was entitled to eligible creditable service for services
20    immediately preceding the transfer.
21    (d) A security employee of the Department of Corrections
22or the Department of Juvenile Justice, a security employee of
23the Department of Human Services who is not a mental health
24police officer, and a security employee of the Department of
25Innovation and Technology shall not be eligible for the
26alternative retirement annuity provided by this Section unless

 

 

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1he or she meets the following minimum age and service
2requirements at the time of retirement:
3        (i) 25 years of eligible creditable service and age
4    55; or
5        (ii) beginning January 1, 1987, 25 years of eligible
6    creditable service and age 54, or 24 years of eligible
7    creditable service and age 55; or
8        (iii) beginning January 1, 1988, 25 years of eligible
9    creditable service and age 53, or 23 years of eligible
10    creditable service and age 55; or
11        (iv) beginning January 1, 1989, 25 years of eligible
12    creditable service and age 52, or 22 years of eligible
13    creditable service and age 55; or
14        (v) beginning January 1, 1990, 25 years of eligible
15    creditable service and age 51, or 21 years of eligible
16    creditable service and age 55; or
17        (vi) beginning January 1, 1991, 25 years of eligible
18    creditable service and age 50, or 20 years of eligible
19    creditable service and age 55.
20    Persons who have service credit under Article 16 of this
21Code for service as a security employee of the Department of
22Corrections or the Department of Juvenile Justice, or the
23Department of Human Services in a position requiring
24certification as a teacher may count such service toward
25establishing their eligibility under the service requirements
26of this Section; but such service may be used only for

 

 

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1establishing such eligibility, and not for the purpose of
2increasing or calculating any benefit.
3    (e) If a member enters military service while working in a
4position in which eligible creditable service may be earned,
5and returns to State service in the same or another such
6position, and fulfills in all other respects the conditions
7prescribed in this Article for credit for military service,
8such military service shall be credited as eligible creditable
9service for the purposes of the retirement annuity prescribed
10in this Section.
11    (f) For purposes of calculating retirement annuities under
12this Section, periods of service rendered after December 31,
131968 and before October 1, 1975 as a covered employee in the
14position of special agent, conservation police officer, mental
15health police officer, or investigator for the Secretary of
16State, shall be deemed to have been service as a noncovered
17employee, provided that the employee pays to the System prior
18to retirement an amount equal to (1) the difference between
19the employee contributions that would have been required for
20such service as a noncovered employee, and the amount of
21employee contributions actually paid, plus (2) if payment is
22made after July 31, 1987, regular interest on the amount
23specified in item (1) from the date of service to the date of
24payment.
25    For purposes of calculating retirement annuities under
26this Section, periods of service rendered after December 31,

 

 

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11968 and before January 1, 1982 as a covered employee in the
2position of investigator for the Department of Revenue shall
3be deemed to have been service as a noncovered employee,
4provided that the employee pays to the System prior to
5retirement an amount equal to (1) the difference between the
6employee contributions that would have been required for such
7service as a noncovered employee, and the amount of employee
8contributions actually paid, plus (2) if payment is made after
9January 1, 1990, regular interest on the amount specified in
10item (1) from the date of service to the date of payment.
11    (g) A State policeman may elect, not later than January 1,
121990, to establish eligible creditable service for up to 10
13years of his service as a policeman under Article 3, by filing
14a written election with the Board, accompanied by payment of
15an amount to be determined by the Board, equal to (i) the
16difference between the amount of employee and employer
17contributions transferred to the System under Section 3-110.5,
18and the amounts that would have been contributed had such
19contributions been made at the rates applicable to State
20policemen, plus (ii) interest thereon at the effective rate
21for each year, compounded annually, from the date of service
22to the date of payment.
23    Subject to the limitation in subsection (i), a State
24policeman may elect, not later than July 1, 1993, to establish
25eligible creditable service for up to 10 years of his service
26as a member of the County Police Department under Article 9, by

 

 

SB2037- 479 -LRB102 17120 WGH 22551 b

1filing a written election with the Board, accompanied by
2payment of an amount to be determined by the Board, equal to
3(i) the difference between the amount of employee and employer
4contributions transferred to the System under Section 9-121.10
5and the amounts that would have been contributed had those
6contributions been made at the rates applicable to State
7policemen, plus (ii) interest thereon at the effective rate
8for each year, compounded annually, from the date of service
9to the date of payment.
10    (h) Subject to the limitation in subsection (i), a State
11policeman or investigator for the Secretary of State may elect
12to establish eligible creditable service for up to 12 years of
13his service as a policeman under Article 5, by filing a written
14election with the Board on or before January 31, 1992, and
15paying to the System by January 31, 1994 an amount to be
16determined by the Board, equal to (i) the difference between
17the amount of employee and employer contributions transferred
18to the System under Section 5-236, and the amounts that would
19have been contributed had such contributions been made at the
20rates applicable to State policemen, plus (ii) interest
21thereon at the effective rate for each year, compounded
22annually, from the date of service to the date of payment.
23    Subject to the limitation in subsection (i), a State
24policeman, conservation police officer, or investigator for
25the Secretary of State may elect to establish eligible
26creditable service for up to 10 years of service as a sheriff's

 

 

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1law enforcement employee under Article 7, by filing a written
2election with the Board on or before January 31, 1993, and
3paying to the System by January 31, 1994 an amount to be
4determined by the Board, equal to (i) the difference between
5the amount of employee and employer contributions transferred
6to the System under Section 7-139.7, and the amounts that
7would have been contributed had such contributions been made
8at the rates applicable to State policemen, plus (ii) interest
9thereon at the effective rate for each year, compounded
10annually, from the date of service to the date of payment.
11    Subject to the limitation in subsection (i), a State
12policeman, conservation police officer, or investigator for
13the Secretary of State may elect to establish eligible
14creditable service for up to 5 years of service as a police
15officer under Article 3, a policeman under Article 5, a
16sheriff's law enforcement employee under Article 7, a member
17of the county police department under Article 9, or a police
18officer under Article 15 by filing a written election with the
19Board and paying to the System an amount to be determined by
20the Board, equal to (i) the difference between the amount of
21employee and employer contributions transferred to the System
22under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
23and the amounts that would have been contributed had such
24contributions been made at the rates applicable to State
25policemen, plus (ii) interest thereon at the effective rate
26for each year, compounded annually, from the date of service

 

 

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1to the date of payment.
2    Subject to the limitation in subsection (i), an
3investigator for the Office of the Attorney General, or an
4investigator for the Department of Revenue, may elect to
5establish eligible creditable service for up to 5 years of
6service as a police officer under Article 3, a policeman under
7Article 5, a sheriff's law enforcement employee under Article
87, or a member of the county police department under Article 9
9by filing a written election with the Board within 6 months
10after August 25, 2009 (the effective date of Public Act
1196-745) and paying to the System an amount to be determined by
12the Board, equal to (i) the difference between the amount of
13employee and employer contributions transferred to the System
14under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
15amounts that would have been contributed had such
16contributions been made at the rates applicable to State
17policemen, plus (ii) interest thereon at the actuarially
18assumed rate for each year, compounded annually, from the date
19of service to the date of payment.
20    Subject to the limitation in subsection (i), a State
21policeman, conservation police officer, investigator for the
22Office of the Attorney General, an investigator for the
23Department of Revenue, or investigator for the Secretary of
24State may elect to establish eligible creditable service for
25up to 5 years of service as a person employed by a
26participating municipality to perform police duties, or law

 

 

SB2037- 482 -LRB102 17120 WGH 22551 b

1enforcement officer employed on a full-time basis by a forest
2preserve district under Article 7, a county corrections
3officer, or a court services officer under Article 9, by
4filing a written election with the Board within 6 months after
5August 25, 2009 (the effective date of Public Act 96-745) and
6paying to the System an amount to be determined by the Board,
7equal to (i) the difference between the amount of employee and
8employer contributions transferred to the System under
9Sections 7-139.8 and 9-121.10 and the amounts that would have
10been contributed had such contributions been made at the rates
11applicable to State policemen, plus (ii) interest thereon at
12the actuarially assumed rate for each year, compounded
13annually, from the date of service to the date of payment.
14    (i) The total amount of eligible creditable service
15established by any person under subsections (g), (h), (j),
16(k), (l), (l-5), and (o) of this Section shall not exceed 12
17years.
18    (j) Subject to the limitation in subsection (i), an
19investigator for the Office of the State's Attorneys Appellate
20Prosecutor or a controlled substance inspector may elect to
21establish eligible creditable service for up to 10 years of
22his service as a policeman under Article 3 or a sheriff's law
23enforcement employee under Article 7, by filing a written
24election with the Board, accompanied by payment of an amount
25to be determined by the Board, equal to (1) the difference
26between the amount of employee and employer contributions

 

 

SB2037- 483 -LRB102 17120 WGH 22551 b

1transferred to the System under Section 3-110.6 or 7-139.8,
2and the amounts that would have been contributed had such
3contributions been made at the rates applicable to State
4policemen, plus (2) interest thereon at the effective rate for
5each year, compounded annually, from the date of service to
6the date of payment.
7    (k) Subject to the limitation in subsection (i) of this
8Section, an alternative formula employee may elect to
9establish eligible creditable service for periods spent as a
10full-time law enforcement officer or full-time corrections
11officer employed by the federal government or by a state or
12local government located outside of Illinois, for which credit
13is not held in any other public employee pension fund or
14retirement system. To obtain this credit, the applicant must
15file a written application with the Board by March 31, 1998,
16accompanied by evidence of eligibility acceptable to the Board
17and payment of an amount to be determined by the Board, equal
18to (1) employee contributions for the credit being
19established, based upon the applicant's salary on the first
20day as an alternative formula employee after the employment
21for which credit is being established and the rates then
22applicable to alternative formula employees, plus (2) an
23amount determined by the Board to be the employer's normal
24cost of the benefits accrued for the credit being established,
25plus (3) regular interest on the amounts in items (1) and (2)
26from the first day as an alternative formula employee after

 

 

SB2037- 484 -LRB102 17120 WGH 22551 b

1the employment for which credit is being established to the
2date of payment.
3    (l) Subject to the limitation in subsection (i), a
4security employee of the Department of Corrections may elect,
5not later than July 1, 1998, to establish eligible creditable
6service for up to 10 years of his or her service as a policeman
7under Article 3, by filing a written election with the Board,
8accompanied by payment of an amount to be determined by the
9Board, equal to (i) the difference between the amount of
10employee and employer contributions transferred to the System
11under Section 3-110.5, and the amounts that would have been
12contributed had such contributions been made at the rates
13applicable to security employees of the Department of
14Corrections, plus (ii) interest thereon at the effective rate
15for each year, compounded annually, from the date of service
16to the date of payment.
17    (l-5) Subject to the limitation in subsection (i) of this
18Section, a State policeman may elect to establish eligible
19creditable service for up to 5 years of service as a full-time
20law enforcement officer employed by the federal government or
21by a state or local government located outside of Illinois for
22which credit is not held in any other public employee pension
23fund or retirement system. To obtain this credit, the
24applicant must file a written application with the Board no
25later than 3 years after the effective date of this amendatory
26Act of the 101st General Assembly, accompanied by evidence of

 

 

SB2037- 485 -LRB102 17120 WGH 22551 b

1eligibility acceptable to the Board and payment of an amount
2to be determined by the Board, equal to (1) employee
3contributions for the credit being established, based upon the
4applicant's salary on the first day as an alternative formula
5employee after the employment for which credit is being
6established and the rates then applicable to alternative
7formula employees, plus (2) an amount determined by the Board
8to be the employer's normal cost of the benefits accrued for
9the credit being established, plus (3) regular interest on the
10amounts in items (1) and (2) from the first day as an
11alternative formula employee after the employment for which
12credit is being established to the date of payment.
13    (m) The amendatory changes to this Section made by this
14amendatory Act of the 94th General Assembly apply only to: (1)
15security employees of the Department of Juvenile Justice
16employed by the Department of Corrections before the effective
17date of this amendatory Act of the 94th General Assembly and
18transferred to the Department of Juvenile Justice by this
19amendatory Act of the 94th General Assembly; and (2) persons
20employed by the Department of Juvenile Justice on or after the
21effective date of this amendatory Act of the 94th General
22Assembly who are required by subsection (b) of Section
233-2.5-15 of the Unified Code of Corrections to have any
24bachelor's or advanced degree from an accredited college or
25university or, in the case of persons who provide vocational
26training, who are required to have adequate knowledge in the

 

 

SB2037- 486 -LRB102 17120 WGH 22551 b

1skill for which they are providing the vocational training.
2    (n) A person employed in a position under subsection (b)
3of this Section who has purchased service credit under
4subsection (j) of Section 14-104 or subsection (b) of Section
514-105 in any other capacity under this Article may convert up
6to 5 years of that service credit into service credit covered
7under this Section by paying to the Fund an amount equal to (1)
8the additional employee contribution required under Section
914-133, plus (2) the additional employer contribution required
10under Section 14-131, plus (3) interest on items (1) and (2) at
11the actuarially assumed rate from the date of the service to
12the date of payment.
13    (o) Subject to the limitation in subsection (i), a
14conservation police officer, investigator for the Secretary of
15State, Commerce Commission police officer, investigator for
16the Department of Revenue or the Illinois Gaming Board, or
17arson investigator subject to subsection (g) of Section 1-160
18may elect to convert up to 8 years of service credit
19established before the effective date of this amendatory Act
20of the 101st General Assembly as a conservation police
21officer, investigator for the Secretary of State, Commerce
22Commission police officer, investigator for the Department of
23Revenue or the Illinois Gaming Board, or arson investigator
24under this Article into eligible creditable service by filing
25a written election with the Board no later than one year after
26the effective date of this amendatory Act of the 101st General

 

 

SB2037- 487 -LRB102 17120 WGH 22551 b

1Assembly, accompanied by payment of an amount to be determined
2by the Board equal to (i) the difference between the amount of
3the employee contributions actually paid for that service and
4the amount of the employee contributions that would have been
5paid had the employee contributions been made as a noncovered
6employee serving in a position in which eligible creditable
7service, as defined in this Section, may be earned, plus (ii)
8interest thereon at the effective rate for each year,
9compounded annually, from the date of service to the date of
10payment.
11(Source: P.A. 100-19, eff. 1-1-18; 100-611, eff. 7-20-18;
12101-610, eff. 1-1-20.)
 
13    (40 ILCS 5/14-123.1)  (from Ch. 108 1/2, par. 14-123.1)
14    Sec. 14-123.1. Temporary disability benefit.
15    (a) A member who has at least 18 months of creditable
16service and who becomes physically or mentally incapacitated
17to perform the duties of his position shall receive a
18temporary disability benefit, provided that:
19        (1) the agency responsible for determining the
20    liability of the State (i) has formally denied all
21    employer-paid temporary total disability benefits under
22    the Workers' Compensation Act or the Workers' Occupational
23    Diseases Act and an appeal of that denial is pending
24    before the Illinois Workers' Compensation Commission, or
25    (ii) has granted and then terminated for any reason an

 

 

SB2037- 488 -LRB102 17120 WGH 22551 b

1    employer-paid temporary total disability benefit and the
2    member has filed a petition for a hearing under Section
3    19(b) or Section 19(b-1) of the Workers' Compensation Act
4    or Section 19(b) or Section 19(b-1) of the Workers'
5    Occupational Diseases Act;
6        (2) application is made after the date that the
7    disability results in loss of pay, and after the date the
8    agency responsible for determining the liability of the
9    State under the Workers' Compensation Act or Workers'
10    Occupational Diseases Act has formally denied or
11    terminated the employer-paid temporary total disability
12    benefit; and
13        (3) proper proof is received from one or more licensed
14    health care professionals designated by the Board
15    certifying that the member is mentally or physically
16    incapacitated.
17    (b) In the case of a denial of benefits, the temporary
18disability benefit shall begin to accrue on the 31st day of
19absence from work on account of disability, but the benefit
20shall not become actually payable to the member until the
21expiration of 31 days from the day upon which the member last
22received or had a right to receive any compensation.
23    In the case of termination of an employer-paid temporary
24total disability benefit, the temporary disability benefit
25under this Section shall be calculated from the day following
26the date of termination of the employer-paid benefit or the

 

 

SB2037- 489 -LRB102 17120 WGH 22551 b

131st day of absence from work on account of disability,
2whichever is later, but shall not become payable to the member
3until (i) the member's right to an employer-paid temporary
4total disability benefit is denied as a result of the hearing
5held under Section 19(b) or Section 19(b-1) of the Workers'
6Compensation Act or Section 19(b) or Section 19(b-1) of the
7Workers' Occupational Diseases Act or (ii) the expiration of
830 days from the date of termination of the employer-paid
9benefit, whichever occurs first. If a terminated employer-paid
10temporary total disability benefit is resumed or replaced with
11another employer-paid disability benefit and the resumed or
12replacement benefit is later terminated and the member again
13files a petition for a hearing under Section 19(b) or Section
1419(b-1) of the Workers' Compensation Act or Section 19(b) or
15Section 19(b-1) of the Workers' Occupational Diseases Act, the
16member may again become eligible to receive a temporary
17disability benefit under this Section. The waiting period
18before the temporary disability benefit under this Section
19becomes payable applies each time that the benefit is
20reinstated.
21    The benefit shall continue to accrue until the first of
22the following events occurs:
23        (1) the disability ceases;
24        (2) the member engages in gainful employment;
25        (3) the end of the month in which the member attains
26    age 65, in the case of benefits commencing prior to

 

 

SB2037- 490 -LRB102 17120 WGH 22551 b

1    attainment of age 60;
2        (4) the end of the month following the fifth
3    anniversary of the effective date of the benefit in the
4    case of benefits commencing on or after attainment of age
5    60;
6        (5) the end of the month in which the death of the
7    member occurs;
8        (6) the end of the month in which the aggregate period
9    for which temporary disability payments have been made
10    becomes equal to 1/2 of the member's total period of
11    creditable service, not including the time for which he
12    has received a temporary disability benefit or
13    nonoccupational disability benefit; for purposes of this
14    item (6) only, in the case of a member to whom Section
15    14-108.2a or 14-108.2b applies and who, at the time
16    disability commences, is performing services for the
17    Illinois Department of Public Health or the Illinois
18    Department of State Police relating to the transferred
19    functions referred to in that Section and has less than 10
20    years of creditable service under this Article, the
21    member's "total period of creditable service" shall be
22    augmented by an amount equal to (i) one half of the
23    member's period of creditable service in the Fund
24    established under Article 8 (excluding any creditable
25    service over 20 years), minus (ii) the amount of the
26    member's creditable service under this Article;

 

 

SB2037- 491 -LRB102 17120 WGH 22551 b

1        (7) a payment is made on the member's claim pursuant
2    to a determination made by the agency responsible for
3    determining the liability of the State under the Workers'
4    Compensation Act or the Workers' Occupational Diseases
5    Act;
6        (8) a final determination is made on the member's
7    claim by the Illinois Workers' Compensation Commission.
8    (c) The temporary disability benefit shall be 50% of the
9member's final average compensation at the date of disability.
10    If a covered employee is eligible under the Social
11Security Act for a disability benefit before attaining the
12Social Security full retirement age, or a retirement benefit
13on or after attaining the Social Security full retirement age,
14then the amount of the member's temporary disability benefit
15shall be reduced by the amount of primary benefit the member is
16eligible to receive under the Social Security Act, whether or
17not such eligibility came about as the result of service as a
18covered employee under this Article. The Board may make such
19reduction pending a determination of eligibility if it appears
20that the employee may be so eligible, and shall make an
21appropriate adjustment if necessary after such determination
22has been made. The amount of temporary disability benefit
23payable under this Article shall not be reduced by reason of
24any increase in benefits payable under the Social Security Act
25which occurs after the reduction required by this paragraph
26has been applied. As used in this subsection, "Social Security

 

 

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1full retirement age" means the age at which an individual is
2eligible to receive full Social Security retirement benefits.
3    (d) The temporary disability benefit provided under this
4Section is intended as a temporary payment of occupational or
5nonoccupational disability benefit, whichever is appropriate,
6in cases in which the occupational or nonoccupational
7character of the disability has not been finally determined.
8    When an employer-paid disability benefit is paid or
9resumed, the Board shall calculate the benefit that is payable
10under Section 14-123 and shall deduct from the benefit payable
11under Section 14-123 the amounts already paid under this
12Section; those amounts shall then be treated as if they had
13been paid under Section 14-123.
14    When a final determination of the character of the
15disability has been made by the Illinois Workers' Compensation
16Commission, or by settlement between the parties to the
17disputed claim, the Board shall calculate the benefit that is
18payable under Section 14-123 or 14-124, whichever is
19applicable, and shall deduct from such benefit the amounts
20already paid under this Section; such amounts shall then be
21treated as if they had been paid under such Section 14-123 or
2214-124.
23    (e) Any excess benefits paid under this Section shall be
24subject to recovery by the System from benefits payable under
25the Workers' Compensation Act or the Workers' Occupational
26Diseases Act or from third parties as provided in Section

 

 

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114-129, or from any other benefits payable either to the
2member or on his behalf under this Article. A member who
3accepts benefits under this Section acknowledges and
4authorizes these recovery rights of the System.
5    (f) Service credits under the State Universities
6Retirement System and the Teachers' Retirement System of the
7State of Illinois shall be considered for the purposes of
8determining temporary disability benefit eligibility under
9this Section, and for determining the total period of time for
10which such benefits are payable.
11    (g) The Board shall prescribe rules and regulations
12governing the filing of claims for temporary disability
13benefits, and the investigation, control and supervision of
14such claims.
15    (h) References in this Section to employer-paid benefits
16include benefits paid for by the State, either directly or
17through a program of insurance or self-insurance, whether paid
18through the member's own department or through some other
19department or entity; but the term does not include benefits
20paid by the System under this Article.
21(Source: P.A. 101-54, eff. 7-12-19.)
 
22    (40 ILCS 5/14-124)  (from Ch. 108 1/2, par. 14-124)
23    Sec. 14-124. Nonoccupational disability benefit. A member
24with at least 1 1/2 years of creditable service may be granted
25a nonoccupational disability benefit, if:

 

 

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1        (1) application for the benefit is made to the system
2    by the member in writing after the commencement of
3    disability;
4        (2) the member is found upon medical examination to be
5    mentally or physically incapacitated to perform the duties
6    of the member's position;
7        (3) the disability resulted from a cause other than an
8    injury or illness sustained in connection with the
9    member's performance of duty as a State employee;
10        (4) the member has been granted a leave of absence for
11    disability at the time of commencement of disability.
12    Renewal of a disability leave of absence shall not be
13    required for the continued payment of benefits; and
14        (5) the member has used all accumulated sick leave
15    available at the beginning of the leave of absence for
16    disability.
17    The benefit shall begin to accrue on the latest of (i) the
1831st day of absence from work on account of disability
19(including any periods of such absence for which sick pay was
20received); or (ii) the day following the day on which the
21member last receives or has a right to receive any
22compensation as an employee, including any sick pay. The
23benefit shall continue to accrue until the first of the
24following to occur:
25        (a) the date on which disability ceases;
26        (b) the end of the month in which the member attains

 

 

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1    age 65 in the case of benefits commencing prior to
2    attainment of age 60;
3        (c) the end of the month following the fifth
4    anniversary of the effective date of the benefit, or of
5    the temporary disability benefit if one was received, in
6    the case of benefits commencing on or after attainment of
7    age 60;
8        (d) the end of the month in which the aggregate period
9    for which non-occupational disability and temporary
10    disability benefit payments have been made becomes equal
11    to 1/2 of the member's total period of creditable service,
12    not including the time during which he has received a
13    temporary disability benefit or nonoccupational disability
14    benefit; for purposes of this item (d) only, in the case of
15    a member to whom Section 14-108.2a or 14-108.2b applies
16    and who, at the time disability commences, is performing
17    services for the Illinois Department of Public Health or
18    the Illinois Department of State Police relating to the
19    transferred functions referred to in that Section and has
20    less than 10 years of creditable service under this
21    Article, the member's "total period of creditable service"
22    shall be augmented by an amount equal to (i) one half of
23    the member's period of creditable service in the Fund
24    established under Article 8 (excluding any creditable
25    service over 20 years), minus (ii) the amount of the
26    member's creditable service under this Article;

 

 

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1        (e) the date on which the member engages in gainful
2    employment;
3        (f) the end of the month in which the death of the
4    member occurs.
5    If disability has ceased and the member again becomes
6disabled within 60 days from date of resumption of State
7employment, and if the disability is due to the same cause for
8which he received nonoccupational disability benefit
9immediately preceding such reentry into service, the 30 days
10waiting period prescribed for the receipt of benefits is
11waived as to such new period of disability.
12    A member shall be considered disabled only when the board
13has received:
14        (a) a written certificate by one or more licensed
15    health care professionals designated by the board,
16    certifying that the member is disabled and unable properly
17    to perform the duties of his position at the time of
18    disability; and
19        (b) the employee certifies that he is not and has not
20    been engaged in gainful employment.
21    The board shall prescribe rules and regulations governing
22the filing of claims for nonoccupational disability benefits,
23and the investigation, control and supervision of such claims.
24    Service credits under the State Universities Retirement
25System and the Teachers' Retirement System of the State of
26Illinois shall be considered for the purposes of

 

 

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1nonoccupational disability benefit eligibility under this
2Article and for the total period of time for which such
3benefits are payable.
4(Source: P.A. 101-54, eff. 7-12-19.)
 
5    Section 385. The State Pension Funds Continuing
6Appropriation Act is amended by changing Section 1.2 as
7follows:
 
8    (40 ILCS 15/1.2)
9    Sec. 1.2. Appropriations for the State Employees'
10Retirement System.
11    (a) From each fund from which an amount is appropriated
12for personal services to a department or other employer under
13Article 14 of the Illinois Pension Code, there is hereby
14appropriated to that department or other employer, on a
15continuing annual basis for each State fiscal year, an
16additional amount equal to the amount, if any, by which (1) an
17amount equal to the percentage of the personal services line
18item for that department or employer from that fund for that
19fiscal year that the Board of Trustees of the State Employees'
20Retirement System of Illinois has certified under Section
2114-135.08 of the Illinois Pension Code to be necessary to meet
22the State's obligation under Section 14-131 of the Illinois
23Pension Code for that fiscal year, exceeds (2) the amounts
24otherwise appropriated to that department or employer from

 

 

SB2037- 498 -LRB102 17120 WGH 22551 b

1that fund for State contributions to the State Employees'
2Retirement System for that fiscal year.
3    (a-1) (Blank).
4    (a-2) (Blank).
5    (a-3) (Blank).
6    (a-4) If a Prior Fiscal Year Shortfall is certified under
7subsection (k) of Section 14-131 of the Illinois Pension Code,
8there is hereby appropriated to the State Employees'
9Retirement System of Illinois on a continuing basis from the
10General Revenue Fund an additional aggregate amount equal to
11the Prior Fiscal Year Shortfall.
12    (b) The continuing appropriations provided for by this
13Section shall first be available in State fiscal year 1996.
14    (c) Beginning in Fiscal Year 2005, any continuing
15appropriation under this Section arising out of an
16appropriation for personal services from the Road Fund to the
17Illinois Department of State Police or the Secretary of State
18shall be payable from the General Revenue Fund rather than the
19Road Fund.
20    (d) (Blank).
21    (e) (Blank).
22    (f) (Blank).
23(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
24101-10, eff. 6-5-19.)
 
25    Section 390. The Illinois Police Training Act is amended

 

 

SB2037- 499 -LRB102 17120 WGH 22551 b

1by changing Sections 3, 6.1, 9, 10.10, 10.19, and 10.21 as
2follows:
 
3    (50 ILCS 705/3)  (from Ch. 85, par. 503)
4    Sec. 3. Board - composition - appointments - tenure -
5vacancies. The Board shall be composed of 18 members selected
6as follows: The Attorney General of the State of Illinois, the
7Director of the Illinois State Police, the Director of
8Corrections, the Superintendent of the Chicago Police
9Department, the Sheriff of Cook County, the Clerk of the
10Circuit Court of Cook County, and the following to be
11appointed by the Governor: 2 mayors or village presidents of
12Illinois municipalities, 2 Illinois county sheriffs from
13counties other than Cook County, 2 managers of Illinois
14municipalities, 2 chiefs of municipal police departments in
15Illinois having no Superintendent of the Police Department on
16the Board, 2 citizens of Illinois who shall be members of an
17organized enforcement officers' association, one active member
18of a statewide association representing sheriffs, and one
19active member of a statewide association representing
20municipal police chiefs. The appointments of the Governor
21shall be made on the first Monday of August in 1965 with 3 of
22the appointments to be for a period of one year, 3 for 2 years,
23and 3 for 3 years. Their successors shall be appointed in like
24manner for terms to expire the first Monday of August each 3
25years thereafter. All members shall serve until their

 

 

SB2037- 500 -LRB102 17120 WGH 22551 b

1respective successors are appointed and qualify. Vacancies
2shall be filled by the Governor for the unexpired terms.
3(Source: P.A. 99-651, eff. 7-28-16; 100-995, eff. 8-20-18.)
 
4    (50 ILCS 705/6.1)
5    Sec. 6.1. Decertification of full-time and part-time
6police officers.
7    (a) The Board must review police officer conduct and
8records to ensure that no police officer is certified or
9provided a valid waiver if that police officer has been
10convicted of, or entered a plea of guilty to, a felony offense
11under the laws of this State or any other state which if
12committed in this State would be punishable as a felony. The
13Board must also ensure that no police officer is certified or
14provided a valid waiver if that police officer has been
15convicted of, or entered a plea of guilty to, on or after the
16effective date of this amendatory Act of 1999 of any
17misdemeanor specified in this Section or if committed in any
18other state would be an offense similar to Section 11-1.50,
1911-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1,
2017-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
21Criminal Code of 1961 or the Criminal Code of 2012, to
22subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
23Criminal Code of 1961 or the Criminal Code of 2012, or
24subsection (a) of Section 17-32 of the Criminal Code of 1961 or
25the Criminal Code of 2012, or to Section 5 or 5.2 of the

 

 

SB2037- 501 -LRB102 17120 WGH 22551 b

1Cannabis Control Act. The Board must appoint investigators to
2enforce the duties conferred upon the Board by this Act.
3    (b) It is the responsibility of the sheriff or the chief
4executive officer of every local law enforcement agency or
5department within this State to report to the Board any
6arrest, conviction, or plea of guilty of any officer for an
7offense identified in this Section.
8    (c) It is the duty and responsibility of every full-time
9and part-time police officer in this State to report to the
10Board within 30 days, and the officer's sheriff or chief
11executive officer, of his or her arrest, conviction, or plea
12of guilty for an offense identified in this Section. Any
13full-time or part-time police officer who knowingly makes,
14submits, causes to be submitted, or files a false or
15untruthful report to the Board must have his or her
16certificate or waiver immediately decertified or revoked.
17    (d) Any person, or a local or State agency, or the Board is
18immune from liability for submitting, disclosing, or releasing
19information of arrests, convictions, or pleas of guilty in
20this Section as long as the information is submitted,
21disclosed, or released in good faith and without malice. The
22Board has qualified immunity for the release of the
23information.
24    (e) Any full-time or part-time police officer with a
25certificate or waiver issued by the Board who is convicted of,
26or entered a plea of guilty to, any offense described in this

 

 

SB2037- 502 -LRB102 17120 WGH 22551 b

1Section immediately becomes decertified or no longer has a
2valid waiver. The decertification and invalidity of waivers
3occurs as a matter of law. Failure of a convicted person to
4report to the Board his or her conviction as described in this
5Section or any continued law enforcement practice after
6receiving a conviction is a Class 4 felony.
7    (f) The Board's investigators are peace officers and have
8all the powers possessed by policemen in cities and by
9sheriff's, and these investigators may exercise those powers
10anywhere in the State. An investigator shall not have peace
11officer status or exercise police powers unless he or she
12successfully completes the basic police training course
13mandated and approved by the Board or the Board waives the
14training requirement by reason of the investigator's prior law
15enforcement experience, training, or both. The Board shall not
16waive the training requirement unless the investigator has had
17a minimum of 5 years experience as a sworn officer of a local,
18State, or federal law enforcement agency.
19    (g) The Board must request and receive information and
20assistance from any federal, state, or local governmental
21agency as part of the authorized criminal background
22investigation. The Illinois Department of State Police must
23process, retain, and additionally provide and disseminate
24information to the Board concerning criminal charges, arrests,
25convictions, and their disposition, that have been filed
26before, on, or after the effective date of this amendatory Act

 

 

SB2037- 503 -LRB102 17120 WGH 22551 b

1of the 91st General Assembly against a basic academy
2applicant, law enforcement applicant, or law enforcement
3officer whose fingerprint identification cards are on file or
4maintained by the Illinois Department of State Police. The
5Federal Bureau of Investigation must provide the Board any
6criminal history record information contained in its files
7pertaining to law enforcement officers or any applicant to a
8Board certified basic law enforcement academy as described in
9this Act based on fingerprint identification. The Board must
10make payment of fees to the Illinois Department of State
11Police for each fingerprint card submission in conformance
12with the requirements of paragraph 22 of Section 55a of the
13Civil Administrative Code of Illinois.
14    (h) A police officer who has been certified or granted a
15valid waiver shall also be decertified or have his or her
16waiver revoked upon a determination by the Illinois Labor
17Relations Board State Panel that he or she, while under oath,
18has knowingly and willfully made false statements as to a
19material fact going to an element of the offense of murder. If
20an appeal is filed, the determination shall be stayed.
21        (1) In the case of an acquittal on a charge of murder,
22    a verified complaint may be filed:
23            (A) by the defendant; or
24            (B) by a police officer with personal knowledge of
25        perjured testimony.
26        The complaint must allege that a police officer, while

 

 

SB2037- 504 -LRB102 17120 WGH 22551 b

1    under oath, knowingly and willfully made false statements
2    as to a material fact going to an element of the offense of
3    murder. The verified complaint must be filed with the
4    Executive Director of the Illinois Law Enforcement
5    Training Standards Board within 2 years of the judgment of
6    acquittal.
7        (2) Within 30 days, the Executive Director of the
8    Illinois Law Enforcement Training Standards Board shall
9    review the verified complaint and determine whether the
10    verified complaint is frivolous and without merit, or
11    whether further investigation is warranted. The Illinois
12    Law Enforcement Training Standards Board shall notify the
13    officer and the Executive Director of the Illinois Labor
14    Relations Board State Panel of the filing of the complaint
15    and any action taken thereon. If the Executive Director of
16    the Illinois Law Enforcement Training Standards Board
17    determines that the verified complaint is frivolous and
18    without merit, it shall be dismissed. The Executive
19    Director of the Illinois Law Enforcement Training
20    Standards Board has sole discretion to make this
21    determination and this decision is not subject to appeal.
22    (i) If the Executive Director of the Illinois Law
23Enforcement Training Standards Board determines that the
24verified complaint warrants further investigation, he or she
25shall refer the matter to a task force of investigators
26created for this purpose. This task force shall consist of 8

 

 

SB2037- 505 -LRB102 17120 WGH 22551 b

1sworn police officers: 2 from the Illinois State Police, 2
2from the City of Chicago Police Department, 2 from county
3police departments, and 2 from municipal police departments.
4These investigators shall have a minimum of 5 years of
5experience in conducting criminal investigations. The
6investigators shall be appointed by the Executive Director of
7the Illinois Law Enforcement Training Standards Board. Any
8officer or officers acting in this capacity pursuant to this
9statutory provision will have statewide police authority while
10acting in this investigative capacity. Their salaries and
11expenses for the time spent conducting investigations under
12this paragraph shall be reimbursed by the Illinois Law
13Enforcement Training Standards Board.
14    (j) Once the Executive Director of the Illinois Law
15Enforcement Training Standards Board has determined that an
16investigation is warranted, the verified complaint shall be
17assigned to an investigator or investigators. The investigator
18or investigators shall conduct an investigation of the
19verified complaint and shall write a report of his or her
20findings. This report shall be submitted to the Executive
21Director of the Illinois Labor Relations Board State Panel.
22    Within 30 days, the Executive Director of the Illinois
23Labor Relations Board State Panel shall review the
24investigative report and determine whether sufficient evidence
25exists to conduct an evidentiary hearing on the verified
26complaint. If the Executive Director of the Illinois Labor

 

 

SB2037- 506 -LRB102 17120 WGH 22551 b

1Relations Board State Panel determines upon his or her review
2of the investigatory report that a hearing should not be
3conducted, the complaint shall be dismissed. This decision is
4in the Executive Director's sole discretion, and this
5dismissal may not be appealed.
6    If the Executive Director of the Illinois Labor Relations
7Board State Panel determines that there is sufficient evidence
8to warrant a hearing, a hearing shall be ordered on the
9verified complaint, to be conducted by an administrative law
10judge employed by the Illinois Labor Relations Board State
11Panel. The Executive Director of the Illinois Labor Relations
12Board State Panel shall inform the Executive Director of the
13Illinois Law Enforcement Training Standards Board and the
14person who filed the complaint of either the dismissal of the
15complaint or the issuance of the complaint for hearing. The
16Executive Director shall assign the complaint to the
17administrative law judge within 30 days of the decision
18granting a hearing.
19    (k) In the case of a finding of guilt on the offense of
20murder, if a new trial is granted on direct appeal, or a state
21post-conviction evidentiary hearing is ordered, based on a
22claim that a police officer, under oath, knowingly and
23willfully made false statements as to a material fact going to
24an element of the offense of murder, the Illinois Labor
25Relations Board State Panel shall hold a hearing to determine
26whether the officer should be decertified if an interested

 

 

SB2037- 507 -LRB102 17120 WGH 22551 b

1party requests such a hearing within 2 years of the court's
2decision. The complaint shall be assigned to an administrative
3law judge within 30 days so that a hearing can be scheduled.
4    At the hearing, the accused officer shall be afforded the
5opportunity to:
6        (1) Be represented by counsel of his or her own
7    choosing;
8        (2) Be heard in his or her own defense;
9        (3) Produce evidence in his or her defense;
10        (4) Request that the Illinois Labor Relations Board
11    State Panel compel the attendance of witnesses and
12    production of related documents including but not limited
13    to court documents and records.
14    Once a case has been set for hearing, the verified
15complaint shall be referred to the Department of Professional
16Regulation. That office shall prosecute the verified complaint
17at the hearing before the administrative law judge. The
18Department of Professional Regulation shall have the
19opportunity to produce evidence to support the verified
20complaint and to request the Illinois Labor Relations Board
21State Panel to compel the attendance of witnesses and the
22production of related documents, including, but not limited
23to, court documents and records. The Illinois Labor Relations
24Board State Panel shall have the power to issue subpoenas
25requiring the attendance of and testimony of witnesses and the
26production of related documents including, but not limited to,

 

 

SB2037- 508 -LRB102 17120 WGH 22551 b

1court documents and records and shall have the power to
2administer oaths.
3    The administrative law judge shall have the responsibility
4of receiving into evidence relevant testimony and documents,
5including court records, to support or disprove the
6allegations made by the person filing the verified complaint
7and, at the close of the case, hear arguments. If the
8administrative law judge finds that there is not clear and
9convincing evidence to support the verified complaint that the
10police officer has, while under oath, knowingly and willfully
11made false statements as to a material fact going to an element
12of the offense of murder, the administrative law judge shall
13make a written recommendation of dismissal to the Illinois
14Labor Relations Board State Panel. If the administrative law
15judge finds that there is clear and convincing evidence that
16the police officer has, while under oath, knowingly and
17willfully made false statements as to a material fact that
18goes to an element of the offense of murder, the
19administrative law judge shall make a written recommendation
20so concluding to the Illinois Labor Relations Board State
21Panel. The hearings shall be transcribed. The Executive
22Director of the Illinois Law Enforcement Training Standards
23Board shall be informed of the administrative law judge's
24recommended findings and decision and the Illinois Labor
25Relations Board State Panel's subsequent review of the
26recommendation.

 

 

SB2037- 509 -LRB102 17120 WGH 22551 b

1    (l) An officer named in any complaint filed pursuant to
2this Act shall be indemnified for his or her reasonable
3attorney's fees and costs by his or her employer. These fees
4shall be paid in a regular and timely manner. The State, upon
5application by the public employer, shall reimburse the public
6employer for the accused officer's reasonable attorney's fees
7and costs. At no time and under no circumstances will the
8accused officer be required to pay his or her own reasonable
9attorney's fees or costs.
10    (m) The accused officer shall not be placed on unpaid
11status because of the filing or processing of the verified
12complaint until there is a final non-appealable order
13sustaining his or her guilt and his or her certification is
14revoked. Nothing in this Act, however, restricts the public
15employer from pursuing discipline against the officer in the
16normal course and under procedures then in place.
17    (n) The Illinois Labor Relations Board State Panel shall
18review the administrative law judge's recommended decision and
19order and determine by a majority vote whether or not there was
20clear and convincing evidence that the accused officer, while
21under oath, knowingly and willfully made false statements as
22to a material fact going to the offense of murder. Within 30
23days of service of the administrative law judge's recommended
24decision and order, the parties may file exceptions to the
25recommended decision and order and briefs in support of their
26exceptions with the Illinois Labor Relations Board State

 

 

SB2037- 510 -LRB102 17120 WGH 22551 b

1Panel. The parties may file responses to the exceptions and
2briefs in support of the responses no later than 15 days after
3the service of the exceptions. If exceptions are filed by any
4of the parties, the Illinois Labor Relations Board State Panel
5shall review the matter and make a finding to uphold, vacate,
6or modify the recommended decision and order. If the Illinois
7Labor Relations Board State Panel concludes that there is
8clear and convincing evidence that the accused officer, while
9under oath, knowingly and willfully made false statements as
10to a material fact going to an element of the offense murder,
11the Illinois Labor Relations Board State Panel shall inform
12the Illinois Law Enforcement Training Standards Board and the
13Illinois Law Enforcement Training Standards Board shall revoke
14the accused officer's certification. If the accused officer
15appeals that determination to the Appellate Court, as provided
16by this Act, he or she may petition the Appellate Court to stay
17the revocation of his or her certification pending the court's
18review of the matter.
19    (o) None of the Illinois Labor Relations Board State
20Panel's findings or determinations shall set any precedent in
21any of its decisions decided pursuant to the Illinois Public
22Labor Relations Act by the Illinois Labor Relations Board
23State Panel or the courts.
24    (p) A party aggrieved by the final order of the Illinois
25Labor Relations Board State Panel may apply for and obtain
26judicial review of an order of the Illinois Labor Relations

 

 

SB2037- 511 -LRB102 17120 WGH 22551 b

1Board State Panel, in accordance with the provisions of the
2Administrative Review Law, except that such judicial review
3shall be afforded directly in the Appellate Court for the
4district in which the accused officer resides. Any direct
5appeal to the Appellate Court shall be filed within 35 days
6from the date that a copy of the decision sought to be reviewed
7was served upon the party affected by the decision.
8    (q) Interested parties. Only interested parties to the
9criminal prosecution in which the police officer allegedly,
10while under oath, knowingly and willfully made false
11statements as to a material fact going to an element of the
12offense of murder may file a verified complaint pursuant to
13this Section. For purposes of this Section, "interested
14parties" shall be limited to the defendant and any police
15officer who has personal knowledge that the police officer who
16is the subject of the complaint has, while under oath,
17knowingly and willfully made false statements as to a material
18fact going to an element of the offense of murder.
19    (r) Semi-annual reports. The Executive Director of the
20Illinois Labor Relations Board shall submit semi-annual
21reports to the Governor, President, and Minority Leader of the
22Senate, and to the Speaker and Minority Leader of the House of
23Representatives beginning on June 30, 2004, indicating:
24        (1) the number of verified complaints received since
25    the date of the last report;
26        (2) the number of investigations initiated since the

 

 

SB2037- 512 -LRB102 17120 WGH 22551 b

1    date of the last report;
2        (3) the number of investigations concluded since the
3    date of the last report;
4        (4) the number of investigations pending as of the
5    reporting date;
6        (5) the number of hearings held since the date of the
7    last report; and
8        (6) the number of officers decertified since the date
9    of the last report.
10(Source: P.A. 101-187, eff. 1-1-20.)
 
11    (50 ILCS 705/9)  (from Ch. 85, par. 509)
12    Sec. 9. A special fund is hereby established in the State
13Treasury to be known as the Traffic and Criminal Conviction
14Surcharge Fund. Moneys in this Fund shall be expended as
15follows:
16        (1) a portion of the total amount deposited in the
17    Fund may be used, as appropriated by the General Assembly,
18    for the ordinary and contingent expenses of the Illinois
19    Law Enforcement Training Standards Board;
20        (2) a portion of the total amount deposited in the
21    Fund shall be appropriated for the reimbursement of local
22    governmental agencies participating in training programs
23    certified by the Board, in an amount equaling 1/2 of the
24    total sum paid by such agencies during the State's
25    previous fiscal year for mandated training for

 

 

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1    probationary police officers or probationary county
2    corrections officers and for optional advanced and
3    specialized law enforcement or county corrections
4    training; these reimbursements may include the costs for
5    tuition at training schools, the salaries of trainees
6    while in schools, and the necessary travel and room and
7    board expenses for each trainee; if the appropriations
8    under this paragraph (2) are not sufficient to fully
9    reimburse the participating local governmental agencies,
10    the available funds shall be apportioned among such
11    agencies, with priority first given to repayment of the
12    costs of mandatory training given to law enforcement
13    officer or county corrections officer recruits, then to
14    repayment of costs of advanced or specialized training for
15    permanent police officers or permanent county corrections
16    officers;
17        (3) a portion of the total amount deposited in the
18    Fund may be used to fund the Intergovernmental Law
19    Enforcement Officer's In-Service Training Act, veto
20    overridden October 29, 1981, as now or hereafter amended,
21    at a rate and method to be determined by the board;
22        (4) a portion of the Fund also may be used by the
23    Illinois Department of State Police for expenses incurred
24    in the training of employees from any State, county or
25    municipal agency whose function includes enforcement of
26    criminal or traffic law;

 

 

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1        (5) a portion of the Fund may be used by the Board to
2    fund grant-in-aid programs and services for the training
3    of employees from any county or municipal agency whose
4    functions include corrections or the enforcement of
5    criminal or traffic law;
6        (6) for fiscal years 2013 through 2017 only, a portion
7    of the Fund also may be used by the Department of State
8    Police to finance any of its lawful purposes or functions;
9        (7) a portion of the Fund may be used by the Board,
10    subject to appropriation, to administer grants to local
11    law enforcement agencies for the purpose of purchasing
12    bulletproof vests under the Law Enforcement Officer
13    Bulletproof Vest Act; and
14        (8) a portion of the Fund may be used by the Board to
15    create a law enforcement grant program available for units
16    of local government to fund crime prevention programs,
17    training, and interdiction efforts, including enforcement
18    and prevention efforts, relating to the illegal cannabis
19    market and driving under the influence of cannabis.
20    All payments from the Traffic and Criminal Conviction
21Surcharge Fund shall be made each year from moneys
22appropriated for the purposes specified in this Section. No
23more than 50% of any appropriation under this Act shall be
24spent in any city having a population of more than 500,000. The
25State Comptroller and the State Treasurer shall from time to
26time, at the direction of the Governor, transfer from the

 

 

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1Traffic and Criminal Conviction Surcharge Fund to the General
2Revenue Fund in the State Treasury such amounts as the
3Governor determines are in excess of the amounts required to
4meet the obligations of the Traffic and Criminal Conviction
5Surcharge Fund.
6(Source: P.A. 100-987, eff. 7-1-19; 101-27, eff. 6-25-19.)
 
7    (50 ILCS 705/10.10)
8    Sec. 10.10. Training in child abduction and missing
9endangered senior alert system.
10    (a) The Board shall conduct training programs for law
11enforcement personnel of local governmental agencies in the
12statewide coordinated child abduction alert system developed
13under Section 2605-480 of the Illinois Department of State
14Police Law of the Civil Administrative Code of Illinois and
15the statewide coordinated missing endangered senior alert
16system developed under Section 2605-375 of the Illinois
17Department of State Police Law of the Civil Administrative
18Code of Illinois.
19    (b) The Board shall conduct a training program for law
20enforcement personnel of local governmental agencies in the
21statewide Alzheimer's disease, other related dementia, or
22other dementia-like cognitive impairment coordinated Silver
23Search Awareness Program and toolkit developed under Section
242605-485 of the Illinois Department of State Police Law of the
25Civil Administrative Code of Illinois. The Board shall adopt

 

 

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1written protocols and guidelines for the handling of missing
2persons cases involving Alzheimer's disease, other related
3dementia, or other dementia-like cognitive impairment based
4upon protocols developed by the Silver Search Task Force in
5conjunction with the Illinois Department of State Police on or
6before July 1, 2016.
7(Source: P.A. 99-322, eff. 1-1-16.)
 
8    (50 ILCS 705/10.19)
9    Sec. 10.19. Training; administration of epinephrine.
10    (a) This Section, along with Section 40 of the Illinois
11State Police Act, may be referred to as the Annie LeGere Law.
12    (b) For purposes of this Section, "epinephrine
13auto-injector" means a single-use device used for the
14automatic injection of a pre-measured dose of epinephrine into
15the human body prescribed in the name of a local governmental
16agency.
17    (c) The Board shall conduct or approve an optional
18advanced training program for police officers to recognize and
19respond to anaphylaxis, including the administration of an
20epinephrine auto-injector. The training must include, but is
21not limited to:
22        (1) how to recognize symptoms of an allergic reaction;
23        (2) how to respond to an emergency involving an
24    allergic reaction;
25        (3) how to administer an epinephrine auto-injector;

 

 

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1        (4) how to respond to an individual with a known
2    allergy as well as an individual with a previously unknown
3    allergy;
4        (5) a test demonstrating competency of the knowledge
5    required to recognize anaphylaxis and administer an
6    epinephrine auto-injector; and
7        (6) other criteria as determined in rules adopted by
8    the Board.
9    (d) A local governmental agency may authorize a police
10officer who has completed an optional advanced training
11program under subsection (c) to carry, administer, or assist
12with the administration of epinephrine auto-injectors provided
13by the local governmental agency whenever he or she is
14performing official duties.
15    (e) A local governmental agency that authorizes its
16officers to carry and administer epinephrine auto-injectors
17under subsection (d) must establish a policy to control the
18acquisition, storage, transportation, administration, and
19disposal of epinephrine auto-injectors and to provide
20continued training in the administration of epinephrine
21auto-injectors.
22    (f) A physician, physician's assistant with prescriptive
23authority, or advanced practice registered nurse with
24prescriptive authority may provide a standing protocol or
25prescription for epinephrine auto-injectors in the name of a
26local governmental agency to be maintained for use when

 

 

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1necessary.
2    (g) When a police officer administers an epinephrine
3auto-injector in good faith, the police officer and local
4governmental agency, and its employees and agents, including a
5physician, physician's assistant with prescriptive authority,
6or advanced practice registered nurse with prescriptive
7authority who provides a standing order or prescription for an
8epinephrine auto-injector, incur no civil or professional
9liability, except for willful and wanton conduct, as a result
10of any injury or death arising from the use of an epinephrine
11auto-injector.
12(Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17;
13100-648, eff. 7-31-18.)
 
14    (50 ILCS 705/10.21)
15    Sec. 10.21. Training; sexual assault and sexual abuse.
16    (a) The Illinois Law Enforcement Training Standards Board
17shall conduct or approve training programs in trauma-informed
18responses and investigations of sexual assault and sexual
19abuse, which include, but is not limited to, the following:
20        (1) recognizing the symptoms of trauma;
21        (2) understanding the role trauma has played in a
22    victim's life;
23        (3) responding to the needs and concerns of a victim;
24        (4) delivering services in a compassionate, sensitive,
25    and nonjudgmental manner;

 

 

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1        (5) interviewing techniques in accordance with the
2    curriculum standards in subsection (f) of this Section;
3        (6) understanding cultural perceptions and common
4    myths of sexual assault and sexual abuse;
5        (7) report writing techniques in accordance with the
6    curriculum standards in subsection (f) of this Section;
7    and
8        (8) recognizing special sensitivities of victims due
9    to: age, including those under the age of 13; gender; or
10    other qualifications.
11    (b) This training must be presented in all full and
12part-time basic law enforcement academies on or before July 1,
132018.
14    (c) Agencies employing law enforcement officers must
15present this training to all law enforcement officers within 3
16years after January 1, 2017 (the effective date of Public Act
1799-801) and must present in-service training on sexual assault
18and sexual abuse response and report writing training
19requirements every 3 years.
20    (d) Agencies employing law enforcement officers who
21conduct sexual assault and sexual abuse investigations must
22provide specialized training to these officers on sexual
23assault and sexual abuse investigations within 2 years after
24January 1, 2017 (the effective date of Public Act 99-801) and
25must present in-service training on sexual assault and sexual
26abuse investigations to these officers every 3 years.

 

 

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1    (e) Instructors providing this training shall have
2successfully completed training on evidence-based,
3trauma-informed, victim-centered response to cases of sexual
4assault and sexual abuse and have experience responding to
5sexual assault and sexual abuse cases.
6    (f) The Board shall adopt rules, in consultation with the
7Office of the Illinois Attorney General and the Illinois
8Department of State Police, to determine the specific training
9requirements for these courses, including, but not limited to,
10the following:
11        (1) evidence-based curriculum standards for report
12    writing and immediate response to sexual assault and
13    sexual abuse, including trauma-informed, victim-centered,
14    age sensitive, interview techniques, which have been
15    demonstrated to minimize retraumatization, for
16    probationary police officers and all law enforcement
17    officers; and
18        (2) evidence-based curriculum standards for
19    trauma-informed, victim-centered, age sensitive
20    investigation and interviewing techniques, which have been
21    demonstrated to minimize retraumatization, for cases of
22    sexual assault and sexual abuse for law enforcement
23    officers who conduct sexual assault and sexual abuse
24    investigations.
25(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17;
26100-910, eff. 1-1-19.)
 

 

 

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1    Section 395. The Uniform Crime Reporting Act is amended by
2changing Sections 5-5, 5-10, 5-12, 5-15, 5-20, and 5-30 as
3follows:
 
4    (50 ILCS 709/5-5)
5    Sec. 5-5. Definitions. As used in this Act:
6    "Arrest-related death" means any death of an individual
7while the individual's freedom to leave is restricted by a law
8enforcement officer while the officer is on duty, or otherwise
9acting within the scope of his or her employment, including
10any death resulting from a motor vehicle accident, if the law
11enforcement officer was engaged in direct action against the
12individual or the individual's vehicle during the process of
13apprehension. "Arrest-related death" does not include the
14death of law enforcement personnel.
15    "Department" means the Department of State Police.
16    "Domestic crime" means any crime attempted or committed
17between a victim and offender who have a domestic
18relationship, both current and past.
19    "Hate crime" has the same meaning as defined under Section
2012-7.1 of the Criminal Code of 2012.
21    "Law enforcement agency" means an agency of this State or
22unit of local government which is vested by law or ordinance
23with the duty to maintain public order and to enforce criminal
24law or ordinances.

 

 

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1    "Law enforcement officer" or "officer" means any officer,
2agent, or employee of this State or a unit of local government
3authorized by law or by a government agency to engage in or
4supervise the prevention, detection, or investigation of any
5violation of criminal law, or authorized by law to supervise
6accused persons or sentenced criminal offenders.
7(Source: P.A. 99-352, eff. 1-1-16.)
 
8    (50 ILCS 709/5-10)
9    Sec. 5-10. Central repository of crime statistics. The
10Illinois Department of State Police shall be a central
11repository and custodian of crime statistics for the State and
12shall have all the power necessary to carry out the purposes of
13this Act, including the power to demand and receive
14cooperation in the submission of crime statistics from all law
15enforcement agencies. All data and information provided to the
16Illinois State Police Department under this Act must be
17provided in a manner and form prescribed by the Illinois State
18Police Department. On an annual basis, the Illinois State
19Police Department shall make available compilations of crime
20statistics required to be reported by each law enforcement
21agency.
22(Source: P.A. 99-352, eff. 1-1-16.)
 
23    (50 ILCS 709/5-12)
24    Sec. 5-12. Monthly reporting. All law enforcement agencies

 

 

SB2037- 523 -LRB102 17120 WGH 22551 b

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

 

 

SB2037- 524 -LRB102 17120 WGH 22551 b

1    incident, any injury inflicted, any weapons involved in
2    the commission of the offense, and the relationship
3    between the victim and the offender;
4        (5) data on an index of offenses selected by the
5    Illinois State Police Department based on the seriousness
6    of the offense, frequency of occurrence of the offense,
7    and likelihood of being reported to law enforcement. The
8    data shall include the number of index crime offenses
9    committed and number of associated arrests; and
10        (6) data on offenses and incidents reported by schools
11    to local law enforcement. The data shall include offenses
12    defined as an attack against school personnel,
13    intimidation offenses, drug incidents, and incidents
14    involving weapons.
15(Source: P.A. 99-352, eff. 1-1-16.)
 
16    (50 ILCS 709/5-15)
17    Sec. 5-15. Supplemental homicide reporting. Beginning
18July 1, 2016, each law enforcement agency shall submit to the
19Illinois State Police Department incident-based information on
20any criminal homicide. The data shall be provided quarterly by
21law enforcement agencies containing information as specified
22by the Illinois State Police Department.
23(Source: P.A. 99-352, eff. 1-1-16.)
 
24    (50 ILCS 709/5-20)

 

 

SB2037- 525 -LRB102 17120 WGH 22551 b

1    Sec. 5-20. Reporting compliance. The Illinois Department
2of State Police shall annually report to the Illinois Law
3Enforcement Training Standards Board any law enforcement
4agency not in compliance with the reporting requirements under
5this Act. A law enforcement agency's compliance with the
6reporting requirements under this Act shall be a factor
7considered by the Illinois Law Enforcement Training Standards
8Board in awarding grant funding under the Law Enforcement
9Camera Grant Act.
10(Source: P.A. 99-352, eff. 1-1-16.)
 
11    (50 ILCS 709/5-30)
12    Sec. 5-30. Rulemaking authority. The Illinois State
13Police Department is vested with the full power to adopt and
14prescribe reasonable rules for the purpose of administering
15the provisions of this Act and conditions under which all data
16is collected.
17(Source: P.A. 99-352, eff. 1-1-16.)
 
18    Section 400. The Missing Persons Identification Act is
19amended by changing Sections 5, 10, 15, and 20 as follows:
 
20    (50 ILCS 722/5)
21    (Text of Section before amendment by P.A. 101-266)
22    Sec. 5. Missing person reports.
23    (a) Report acceptance. All law enforcement agencies shall

 

 

SB2037- 526 -LRB102 17120 WGH 22551 b

1accept without delay any report of a missing person.
2Acceptance of a missing person report filed in person may not
3be refused on any ground. No law enforcement agency may refuse
4to accept a missing person report:
5        (1) on the basis that the missing person is an adult;
6        (2) on the basis that the circumstances do not
7    indicate foul play;
8        (3) on the basis that the person has been missing for a
9    short period of time;
10        (4) on the basis that the person has been missing a
11    long period of time;
12        (5) on the basis that there is no indication that the
13    missing person was in the jurisdiction served by the law
14    enforcement agency at the time of the disappearance;
15        (6) on the basis that the circumstances suggest that
16    the disappearance may be voluntary;
17        (7) on the basis that the reporting individual does
18    not have personal knowledge of the facts;
19        (8) on the basis that the reporting individual cannot
20    provide all of the information requested by the law
21    enforcement agency;
22        (9) on the basis that the reporting individual lacks a
23    familial or other relationship with the missing person;
24        (9-5) on the basis of the missing person's mental
25    state or medical condition; or
26        (10) for any other reason.

 

 

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1    (b) Manner of reporting. All law enforcement agencies
2shall accept missing person reports in person. Law enforcement
3agencies are encouraged to accept reports by phone or by
4electronic or other media to the extent that such reporting is
5consistent with law enforcement policies or practices.
6    (c) Contents of report. In accepting a report of a missing
7person, the law enforcement agency shall attempt to gather
8relevant information relating to the disappearance. The law
9enforcement agency shall attempt to gather at the time of the
10report information that shall include, but shall not be
11limited to, the following:
12        (1) the name of the missing person, including
13    alternative names used;
14        (2) the missing person's date of birth;
15        (3) the missing person's identifying marks, such as
16    birthmarks, moles, tattoos, and scars;
17        (4) the missing person's height and weight;
18        (5) the missing person's gender;
19        (6) the missing person's race;
20        (7) the missing person's current hair color and true
21    or natural hair color;
22        (8) the missing person's eye color;
23        (9) the missing person's prosthetics, surgical
24    implants, or cosmetic implants;
25        (10) the missing person's physical anomalies;
26        (11) the missing person's blood type, if known;

 

 

SB2037- 528 -LRB102 17120 WGH 22551 b

1        (12) the missing person's driver's license number, if
2    known;
3        (13) the missing person's social security number, if
4    known;
5        (14) a photograph of the missing person; recent
6    photographs are preferable and the agency is encouraged to
7    attempt to ascertain the approximate date the photograph
8    was taken;
9        (15) a description of the clothing the missing person
10    was believed to be wearing;
11        (16) a description of items that might be with the
12    missing person, such as jewelry, accessories, and shoes or
13    boots;
14        (17) information on the missing person's electronic
15    communications devices, such as cellular telephone numbers
16    and e-mail addresses;
17        (18) the reasons why the reporting individual believes
18    that the person is missing;
19        (19) the name and location of the missing person's
20    school or employer, if known;
21        (20) the name and location of the missing person's
22    dentist or primary care physician or provider, or both, if
23    known;
24        (21) any circumstances that may indicate that the
25    disappearance was not voluntary;
26        (22) any circumstances that may indicate that the

 

 

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1    missing person may be at risk of injury or death;
2        (23) a description of the possible means of
3    transportation of the missing person, including make,
4    model, color, license number, and Vehicle Identification
5    Number of a vehicle;
6        (24) any identifying information about a known or
7    possible abductor or person last seen with the missing
8    person, or both, including:
9            (A) name;
10            (B) a physical description;
11            (C) date of birth;
12            (D) identifying marks;
13            (E) the description of possible means of
14        transportation, including make, model, color, license
15        number, and Vehicle Identification Number of a
16        vehicle;
17            (F) known associates;
18        (25) any other information that may aid in locating
19    the missing person; and
20        (26) the date of last contact.
21    (d) Notification and follow up action.
22        (1) Notification. The law enforcement agency shall
23    notify the person making the report, a family member, or
24    other person in a position to assist the law enforcement
25    agency in its efforts to locate the missing person of the
26    following:

 

 

SB2037- 530 -LRB102 17120 WGH 22551 b

1            (A) general information about the handling of the
2        missing person case or about intended efforts in the
3        case to the extent that the law enforcement agency
4        determines that disclosure would not adversely affect
5        its ability to locate or protect the missing person or
6        to apprehend or prosecute any person criminally
7        involved in the disappearance;
8            (B) that the person should promptly contact the
9        law enforcement agency if the missing person remains
10        missing in order to provide additional information and
11        materials that will aid in locating the missing person
12        such as the missing person's credit cards, debit
13        cards, banking information, and cellular telephone
14        records; and
15            (C) that any DNA samples provided for the missing
16        person case are provided on a voluntary basis and will
17        be used solely to help locate or identify the missing
18        person and will not be used for any other purpose.
19        The law enforcement agency, upon acceptance of a
20    missing person report, shall inform the reporting citizen
21    of one of 2 resources, based upon the age of the missing
22    person. If the missing person is under 18 years of age,
23    contact information for the National Center for Missing
24    and Exploited Children shall be given. If the missing
25    person is age 18 or older, contact information for the
26    National Center for Missing Adults shall be given.

 

 

SB2037- 531 -LRB102 17120 WGH 22551 b

1        Agencies handling the remains of a missing person who
2    is deceased must notify the agency handling the missing
3    person's case. Documented efforts must be made to locate
4    family members of the deceased person to inform them of
5    the death and location of the remains of their family
6    member.
7        The law enforcement agency is encouraged to make
8    available informational materials, through publications or
9    electronic or other media, that advise the public about
10    how the information or materials identified in this
11    subsection are used to help locate or identify missing
12    persons.
13        (2) Follow up action. If the person identified in the
14    missing person report remains missing after 30 days, and
15    the additional information and materials specified below
16    have not been received, the law enforcement agency shall
17    attempt to obtain:
18            (A) DNA samples from family members or from the
19        missing person along with any needed documentation, or
20        both, including any consent forms, required for the
21        use of State or federal DNA databases, including, but
22        not limited to, the Local DNA Index System (LDIS),
23        State DNA Index System (SDIS), and National DNA Index
24        System (NDIS);
25            (B) an authorization to release dental or skeletal
26        x-rays of the missing person;

 

 

SB2037- 532 -LRB102 17120 WGH 22551 b

1            (C) any additional photographs of the missing
2        person that may aid the investigation or an
3        identification; the law enforcement agency is not
4        required to obtain written authorization before it
5        releases publicly any photograph that would aid in the
6        investigation or identification of the missing person;
7            (D) dental information and x-rays; and
8            (E) fingerprints.
9        (3) All DNA samples obtained in missing person cases
10    shall be immediately forwarded to the Illinois Department
11    of State Police for analysis. The Illinois Department of
12    State Police shall establish procedures for determining
13    how to prioritize analysis of the samples relating to
14    missing person cases.
15        (4) This subsection shall not be interpreted to
16    preclude a law enforcement agency from attempting to
17    obtain the materials identified in this subsection before
18    the expiration of the 30-day period.
19(Source: P.A. 99-244, eff. 1-1-16; 99-581, eff. 1-1-17.)
 
20    (Text of Section after amendment by P.A. 101-266)
21    Sec. 5. Missing person reports.
22    (a) Report acceptance. All law enforcement agencies shall
23accept without delay any report of a missing person and may
24attempt to obtain a DNA sample from the missing person or a DNA
25reference sample created from family members' DNA samples for

 

 

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1submission under paragraph (1) of subsection (c) of Section
210. Acceptance of a missing person report filed in person may
3not be refused on any ground. No law enforcement agency may
4refuse to accept a missing person report:
5        (1) on the basis that the missing person is an adult;
6        (2) on the basis that the circumstances do not
7    indicate foul play;
8        (3) on the basis that the person has been missing for a
9    short period of time;
10        (4) on the basis that the person has been missing a
11    long period of time;
12        (5) on the basis that there is no indication that the
13    missing person was in the jurisdiction served by the law
14    enforcement agency at the time of the disappearance;
15        (6) on the basis that the circumstances suggest that
16    the disappearance may be voluntary;
17        (7) on the basis that the reporting individual does
18    not have personal knowledge of the facts;
19        (8) on the basis that the reporting individual cannot
20    provide all of the information requested by the law
21    enforcement agency;
22        (9) on the basis that the reporting individual lacks a
23    familial or other relationship with the missing person;
24        (9-5) on the basis of the missing person's mental
25    state or medical condition; or
26        (10) for any other reason.

 

 

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1    (b) Manner of reporting. All law enforcement agencies
2shall accept missing person reports in person. Law enforcement
3agencies are encouraged to accept reports by phone or by
4electronic or other media to the extent that such reporting is
5consistent with law enforcement policies or practices.
6    (c) Contents of report. In accepting a report of a missing
7person, the law enforcement agency shall attempt to gather
8relevant information relating to the disappearance. The law
9enforcement agency shall attempt to gather at the time of the
10report information that shall include, but shall not be
11limited to, the following:
12        (1) the name of the missing person, including
13    alternative names used;
14        (2) the missing person's date of birth;
15        (3) the missing person's identifying marks, such as
16    birthmarks, moles, tattoos, and scars;
17        (4) the missing person's height and weight;
18        (5) the missing person's gender;
19        (6) the missing person's race;
20        (7) the missing person's current hair color and true
21    or natural hair color;
22        (8) the missing person's eye color;
23        (9) the missing person's prosthetics, surgical
24    implants, or cosmetic implants;
25        (10) the missing person's physical anomalies;
26        (11) the missing person's blood type, if known;

 

 

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1        (12) the missing person's driver's license number, if
2    known;
3        (13) the missing person's social security number, if
4    known;
5        (14) a photograph of the missing person; recent
6    photographs are preferable and the agency is encouraged to
7    attempt to ascertain the approximate date the photograph
8    was taken;
9        (15) a description of the clothing the missing person
10    was believed to be wearing;
11        (16) a description of items that might be with the
12    missing person, such as jewelry, accessories, and shoes or
13    boots;
14        (17) information on the missing person's electronic
15    communications devices, such as cellular telephone numbers
16    and e-mail addresses;
17        (18) the reasons why the reporting individual believes
18    that the person is missing;
19        (19) the name and location of the missing person's
20    school or employer, if known;
21        (20) the name and location of the missing person's
22    dentist or primary care physician or provider, or both, if
23    known;
24        (21) any circumstances that may indicate that the
25    disappearance was not voluntary;
26        (22) any circumstances that may indicate that the

 

 

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1    missing person may be at risk of injury or death;
2        (23) a description of the possible means of
3    transportation of the missing person, including make,
4    model, color, license number, and Vehicle Identification
5    Number of a vehicle;
6        (24) any identifying information about a known or
7    possible abductor or person last seen with the missing
8    person, or both, including:
9            (A) name;
10            (B) a physical description;
11            (C) date of birth;
12            (D) identifying marks;
13            (E) the description of possible means of
14        transportation, including make, model, color, license
15        number, and Vehicle Identification Number of a
16        vehicle;
17            (F) known associates;
18        (25) any other information that may aid in locating
19    the missing person; and
20        (26) the date of last contact.
21    (d) Notification and follow up action.
22        (1) Notification. The law enforcement agency shall
23    notify the person making the report, a family member, or
24    other person in a position to assist the law enforcement
25    agency in its efforts to locate the missing person of the
26    following:

 

 

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1            (A) general information about the handling of the
2        missing person case or about intended efforts in the
3        case to the extent that the law enforcement agency
4        determines that disclosure would not adversely affect
5        its ability to locate or protect the missing person or
6        to apprehend or prosecute any person criminally
7        involved in the disappearance;
8            (B) that the person should promptly contact the
9        law enforcement agency if the missing person remains
10        missing in order to provide additional information and
11        materials that will aid in locating the missing person
12        such as the missing person's credit cards, debit
13        cards, banking information, and cellular telephone
14        records; and
15            (C) that any DNA samples provided for the missing
16        person case are provided on a voluntary basis and will
17        be used solely to help locate or identify the missing
18        person and will not be used for any other purpose.
19        The law enforcement agency, upon acceptance of a
20    missing person report, shall inform the reporting citizen
21    of one of 2 resources, based upon the age of the missing
22    person. If the missing person is under 18 years of age,
23    contact information for the National Center for Missing
24    and Exploited Children shall be given. If the missing
25    person is age 18 or older, contact information for the
26    National Missing and Unidentified Persons System (NamUs)

 

 

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1    organization shall be given.
2        The law enforcement agency is encouraged to make
3    available informational materials, through publications or
4    electronic or other media, that advise the public about
5    how the information or materials identified in this
6    subsection are used to help locate or identify missing
7    persons.
8        (2) Follow up action. If the person identified in the
9    missing person report remains missing after 30 days, but
10    not more than 60 days, the law enforcement agency may
11    generate a report of the missing person within the
12    National Missing and Unidentified Persons System (NamUs),
13    and the law enforcement agency may attempt to obtain the
14    additional information and materials that have not been
15    received, specified below:
16            (A) DNA samples from family members or from the
17        missing person along with any needed documentation, or
18        both, including any consent forms, required for the
19        use of State or federal DNA databases, including, but
20        not limited to, the Local DNA Index System (LDIS),
21        State DNA Index System (SDIS), National DNA Index
22        System (NDIS), and National Missing and Unidentified
23        Persons System (NamUs) partner laboratories;
24            (B) an authorization to release dental or skeletal
25        x-rays of the missing person;
26            (C) any additional photographs of the missing

 

 

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1        person that may aid the investigation or an
2        identification; the law enforcement agency is not
3        required to obtain written authorization before it
4        releases publicly any photograph that would aid in the
5        investigation or identification of the missing person;
6            (D) dental information and x-rays; and
7            (E) fingerprints.
8        (3) Samples collected for DNA analysis may be
9    submitted to a National Missing and Unidentified Persons
10    System (NamUs) partner laboratory or other resource where
11    DNA profiles are entered into local, State, and national
12    DNA Index Systems within 60 days. The Illinois Department
13    of State Police shall establish procedures for determining
14    how to prioritize analysis of the samples relating to
15    missing person cases. All DNA samples obtained in missing
16    person cases from family members of the missing person may
17    not be retained after the location or identification of
18    the remains of the missing person unless there is a search
19    warrant signed by a court of competent jurisdiction.
20        (4) This subsection shall not be interpreted to
21    preclude a law enforcement agency from attempting to
22    obtain the materials identified in this subsection before
23    the expiration of the 30-day period. The responsible law
24    enforcement agency may make a National Missing and
25    Unidentified Persons System (NamUs) report on the missing
26    person within 60 days after the report of the

 

 

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1    disappearance of the missing person.
2        (5) Law enforcement agencies are encouraged to
3    establish written protocols for the handling of missing
4    person cases to accomplish the purposes of this Act.
5(Source: P.A. 101-266, eff. 1-1-21.)
 
6    (50 ILCS 722/10)
7    (Text of Section before amendment by P.A. 101-266)
8    Sec. 10. Law enforcement analysis and reporting of missing
9person information.
10    (a) Prompt determination of high-risk missing person.
11        (1) Definition. "High-risk missing person" means a
12    person whose whereabouts are not currently known and whose
13    circumstances indicate that the person may be at risk of
14    injury or death. The circumstances that indicate that a
15    person is a high-risk missing person include, but are not
16    limited to, any of the following:
17            (A) the person is missing as a result of a stranger
18        abduction;
19            (B) the person is missing under suspicious
20        circumstances;
21            (C) the person is missing under unknown
22        circumstances;
23            (D) the person is missing under known dangerous
24        circumstances;
25            (E) the person is missing more than 30 days;

 

 

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1            (F) the person has already been designated as a
2        high-risk missing person by another law enforcement
3        agency;
4            (G) there is evidence that the person is at risk
5        because:
6                (i) the person is in need of medical
7            attention, including but not limited to persons
8            with dementia-like symptoms, or prescription
9            medication;
10                (ii) the person does not have a pattern of
11            running away or disappearing;
12                (iii) the person may have been abducted by a
13            non-custodial parent;
14                (iv) the person is mentally impaired,
15            including, but not limited to, a person having a
16            developmental disability, as defined in Section
17            1-106 of the Mental Health and Developmental
18            Disabilities Code, or a person having an
19            intellectual disability, as defined in Section
20            1-116 of the Mental Health and Developmental
21            Disabilities Code;
22                (v) the person is under the age of 21;
23                (vi) the person has been the subject of past
24            threats or acts of violence;
25                (vii) the person has eloped from a nursing
26            home;

 

 

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1            (G-5) the person is a veteran or active duty
2        member of the United States Armed Forces, the National
3        Guard, or any reserve component of the United States
4        Armed Forces who is believed to have a physical or
5        mental health condition that is related to his or her
6        service; or
7            (H) any other factor that may, in the judgment of
8        the law enforcement official, indicate that the
9        missing person may be at risk.
10        (2) Law enforcement risk assessment.
11            (A) Upon initial receipt of a missing person
12        report, the law enforcement agency shall immediately
13        determine whether there is a basis to determine that
14        the missing person is a high-risk missing person.
15            (B) If a law enforcement agency has previously
16        determined that a missing person is not a high-risk
17        missing person, but obtains new information, it shall
18        immediately determine whether the information
19        indicates that the missing person is a high-risk
20        missing person.
21            (C) Law enforcement agencies are encouraged to
22        establish written protocols for the handling of
23        missing person cases to accomplish the purposes of
24        this Act.
25        (3) Law enforcement agency reports.
26            (A) The responding local law enforcement agency

 

 

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1        shall immediately enter all collected information
2        relating to the missing person case in the Law
3        Enforcement Agencies Data System (LEADS) and the
4        National Crime Information Center (NCIC) databases.
5        The information shall be provided in accordance with
6        applicable guidelines relating to the databases. The
7        information shall be entered as follows:
8                (i) All appropriate DNA profiles, as
9            determined by the Illinois Department of State
10            Police, shall be uploaded into the missing person
11            databases of the State DNA Index System (SDIS) and
12            National DNA Index System (NDIS) after completion
13            of the DNA analysis and other procedures required
14            for database entry.
15                (ii) Information relevant to the Federal
16            Bureau of Investigation's Violent Criminal
17            Apprehension Program shall be entered as soon as
18            possible.
19                (iii) The Illinois Department of State Police
20            shall ensure that persons entering data relating
21            to medical or dental records in State or federal
22            databases are specifically trained to understand
23            and correctly enter the information sought by
24            these databases. The Illinois Department of State
25            Police shall either use a person with specific
26            expertise in medical or dental records for this

 

 

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1            purpose or consult with a chief medical examiner,
2            forensic anthropologist, or odontologist to ensure
3            the accuracy and completeness of information
4            entered into the State and federal databases.
5            (B) The Illinois Department of State Police shall
6        immediately notify all law enforcement agencies within
7        this State and the surrounding region of the
8        information that will aid in the prompt location and
9        safe return of the high-risk missing person.
10            (C) The local law enforcement agencies that
11        receive the notification from the Illinois Department
12        of State Police shall notify officers to be on the
13        lookout for the missing person or a suspected
14        abductor.
15            (D) Pursuant to any applicable State criteria,
16        local law enforcement agencies shall also provide for
17        the prompt use of an Amber Alert in cases involving
18        abducted children; or use of the Endangered Missing
19        Person Advisory in appropriate high risk cases.
20(Source: P.A. 100-631, eff. 1-1-19; 100-662, eff. 1-1-19;
21100-835, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
22    (Text of Section after amendment by P.A. 101-266)
23    Sec. 10. Law enforcement analysis and reporting of missing
24person information.
25    (a) Prompt determination and definition of a high-risk

 

 

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1missing person.
2        (1) Definition. "High-risk missing person" means a
3    person whose whereabouts are not currently known and whose
4    circumstances indicate that the person may be at risk of
5    injury or death. The circumstances that indicate that a
6    person is a high-risk missing person include, but are not
7    limited to, any of the following:
8            (A) the person is missing as a result of a stranger
9        abduction;
10            (B) the person is missing under suspicious
11        circumstances;
12            (C) the person is missing under unknown
13        circumstances;
14            (D) the person is missing under known dangerous
15        circumstances;
16            (E) the person is missing more than 30 days;
17            (F) the person has already been designated as a
18        high-risk missing person by another law enforcement
19        agency;
20            (G) there is evidence that the person is at risk
21        because:
22                (i) the person is in need of medical
23            attention, including but not limited to persons
24            with dementia-like symptoms, or prescription
25            medication;
26                (ii) the person does not have a pattern of

 

 

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1            running away or disappearing;
2                (iii) the person may have been abducted by a
3            non-custodial parent;
4                (iv) the person is mentally impaired,
5            including, but not limited to, a person having a
6            developmental disability, as defined in Section
7            1-106 of the Mental Health and Developmental
8            Disabilities Code, or a person having an
9            intellectual disability, as defined in Section
10            1-116 of the Mental Health and Developmental
11            Disabilities Code;
12                (v) the person is under the age of 21;
13                (vi) the person has been the subject of past
14            threats or acts of violence;
15                (vii) the person has eloped from a nursing
16            home;
17            (G-5) the person is a veteran or active duty
18        member of the United States Armed Forces, the National
19        Guard, or any reserve component of the United States
20        Armed Forces who is believed to have a physical or
21        mental health condition that is related to his or her
22        service; or
23            (H) any other factor that may, in the judgment of
24        the law enforcement official, indicate that the
25        missing person may be at risk.
26    (b) Law enforcement risk assessment.

 

 

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1        (1) Upon initial receipt of a missing person report,
2    the law enforcement agency shall immediately determine
3    whether there is a basis to determine that the missing
4    person is a high-risk missing person.
5        (2) If a law enforcement agency has previously
6    determined that a missing person is not a high-risk
7    missing person, but obtains new information, it shall
8    immediately determine whether the information indicates
9    that the missing person is a high-risk missing person.
10        (3) Law enforcement agencies are encouraged to
11    establish written protocols for the handling of missing
12    person cases to accomplish the purposes of this Act.
13    (c) Law enforcement reporting.
14        (1) The responding local law enforcement agency shall
15    immediately enter all collected information relating to
16    the missing person case in the Law Enforcement Agencies
17    Data System (LEADS) and the National Crime Information
18    Center (NCIC) databases and the National Missing and
19    Unidentified Persons System (NamUs) within 45 days after
20    the receipt of the report, or in the case of a high risk
21    missing person, within 30 days after the receipt of the
22    report. If the DNA sample submission is to a National
23    Missing and Unidentified Persons System (NamUs) partner
24    laboratory, the DNA profile may be uploaded by the partner
25    laboratory to the National DNA Index System (NDIS). A
26    packet submission of all relevant reports and DNA samples

 

 

SB2037- 548 -LRB102 17120 WGH 22551 b

1    may be sent to the National Missing and Unidentified
2    Persons System (NamUs) within 30 days for any high-risk
3    missing person cases. The information shall be provided in
4    accordance with applicable guidelines relating to the
5    databases. The information shall be entered as follows:
6            (A) If Illinois Department of State Police
7        laboratories are utilized in lieu of National Missing
8        and Unidentified Persons System (NamUs) partner
9        laboratories, all appropriate DNA profiles, as
10        determined by the Illinois Department of State Police,
11        shall be uploaded into the missing person databases of
12        the State DNA Index System (SDIS) and National DNA
13        Index System (NDIS) after completion of the DNA
14        analysis and other procedures required for database
15        entry. The responding local law enforcement agency may
16        submit any DNA samples voluntarily obtained from
17        family members to a National Missing and Unidentified
18        Persons System (NamUs) partner laboratory for DNA
19        analysis within 30 days. A notation of DNA submission
20        may be made within the National Missing and
21        Unidentified Persons System (NamUs) record.
22            (B) Information relevant to the Federal Bureau of
23        Investigation's Violent Criminal Apprehension Program
24        shall be entered as soon as possible.
25            (C) The Illinois Department of State Police shall
26        ensure that persons entering data relating to medical

 

 

SB2037- 549 -LRB102 17120 WGH 22551 b

1        or dental records in State or federal databases are
2        specifically trained to understand and correctly enter
3        the information sought by these databases. The
4        Illinois Department of State Police shall either use a
5        person with specific expertise in medical or dental
6        records for this purpose or consult with a chief
7        medical examiner, forensic anthropologist, or
8        odontologist to ensure the accuracy and completeness
9        of information entered into the State and federal
10        databases.
11        (2) The Illinois Department of State Police shall
12    immediately notify all law enforcement agencies within
13    this State and the surrounding region of the information
14    that will aid in the prompt location and safe return of the
15    high-risk missing person.
16        (3) The local law enforcement agencies that receive
17    the notification from the Illinois Department of State
18    Police shall notify officers to be on the lookout for the
19    missing person or a suspected abductor.
20        (4) Pursuant to any applicable State criteria, local
21    law enforcement agencies shall also provide for the prompt
22    use of an Amber Alert in cases involving abducted
23    children; or use of the Endangered Missing Person Advisory
24    in appropriate high risk cases.
25(Source: P.A. 100-631, eff. 1-1-19; 100-662, eff. 1-1-19;
26100-835, eff. 1-1-19; 101-81, eff. 7-12-19; 101-266, eff.

 

 

SB2037- 550 -LRB102 17120 WGH 22551 b

11-1-21.)
 
2    (50 ILCS 722/15)
3    Sec. 15. Reporting of unidentified persons and human
4remains.
5    (a) Handling of death scene investigations.
6        (1) The Illinois Department of State Police shall
7    provide information to local law enforcement agencies
8    about best practices for handling death scene
9    investigations.
10        (2) The Illinois Department of State Police shall
11    identify any publications or training opportunities that
12    may be available to local law enforcement agencies or law
13    enforcement officers and coroners and medical examiners
14    concerning the handling of death scene investigations.
15    (b) Law enforcement reports.
16        (1) Before performing any death scene investigation
17    deemed appropriate under the circumstances, the official
18    with custody of the human remains shall ensure that the
19    coroner or medical examiner of the county in which the
20    deceased was found has been notified.
21        (2) Any coroner or medical examiner with custody of
22    human remains that are not identified within 24 hours of
23    discovery shall promptly notify the Illinois Department of
24    State Police of the location of those remains.
25        (3) If the coroner or medical examiner with custody of

 

 

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1    remains cannot determine whether or not the remains found
2    are human, the coroner or medical examiner shall notify
3    the Illinois Department of State Police of the existence
4    of possible human remains.
5(Source: P.A. 95-192, eff. 8-16-07.)
 
6    (50 ILCS 722/20)
7    Sec. 20. Unidentified persons or human remains
8identification responsibilities.
9    (a) In this Section, "assisting law enforcement agency"
10means a law enforcement agency with jurisdiction acting under
11the request and direction of the medical examiner or coroner
12to assist with human remains identification.
13    (a-5) If the official with custody of the human remains is
14not a coroner or medical examiner, the official shall
15immediately notify the coroner or medical examiner of the
16county in which the remains were found. The coroner or medical
17examiner shall go to the scene and take charge of the remains.
18    (b) Notwithstanding any other action deemed appropriate
19for the handling of the human remains, the assisting law
20enforcement agency, medical examiner, or coroner shall make
21reasonable attempts to promptly identify human remains. This
22does not include historic or prehistoric skeletal remains.
23These actions shall include, but are not limited to, obtaining
24the following when possible:
25        (1) photographs of the human remains (prior to an

 

 

SB2037- 552 -LRB102 17120 WGH 22551 b

1    autopsy);
2        (2) dental and skeletal X-rays;
3        (3) photographs of items found on or with the human
4    remains;
5        (4) fingerprints from the remains;
6        (5) tissue samples suitable for DNA analysis;
7        (6) (blank); and
8        (7) any other information that may support
9    identification efforts.
10    (c) No medical examiner or coroner or any other person
11shall dispose of, or engage in actions that will materially
12affect the unidentified human remains before the assisting law
13enforcement agency, medical examiner, or coroner obtains items
14essential for human identification efforts listed in
15subsection (b) of this Section.
16    (d) Cremation of unidentified human remains is prohibited.
17    (e) (Blank).
18    (f) The assisting law enforcement agency, medical
19examiner, or coroner shall seek support from appropriate State
20and federal agencies, including National Missing and
21Unidentified Persons System resources to facilitate prompt
22identification of human remains. This support may include, but
23is not limited to, fingerprint comparison; forensic
24odontology; nuclear or mitochondrial DNA analysis, or both;
25and forensic anthropology.
26    (f-5) Fingerprints from the unidentified remains,

 

 

SB2037- 553 -LRB102 17120 WGH 22551 b

1including partial prints, shall be submitted to the Illinois
2Department of State Police or other resource for the purpose
3of attempting to identify the deceased. The coroner or medical
4examiner shall cause a dental examination to be performed by a
5forensic odontologist for the purpose of dental charting,
6comparison to missing person records, or both. Tissue samples
7collected for DNA analysis shall be submitted within 30 days
8of the recovery of the remains to a National Missing and
9Unidentified Persons System partner laboratory or other
10resource where DNA profiles are entered into the National DNA
11Index System upon completion of testing. Forensic
12anthropological analysis of the remains shall also be
13considered.
14    (g) (Blank).
15    (g-2) The medical examiner or coroner shall report the
16unidentified human remains and the location where the remains
17were found to the Illinois Department of State Police within
1824 hours of discovery as mandated by Section 15 of this Act.
19The assisting law enforcement agency, medical examiner, or
20coroner shall contact the Illinois Department of State Police
21to request the creation of a National Crime Information Center
22Unidentified Person record within 5 days of the discovery of
23the remains. The assisting law enforcement agency, medical
24examiner, or coroner shall provide the Illinois Department of
25State Police all information required for National Crime
26Information Center entry. Upon notification, the Illinois

 

 

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1Department of State Police shall create the Unidentified
2Person record without unnecessary delay.
3    (g-5) The assisting law enforcement agency, medical
4examiner, or coroner shall obtain a National Crime Information
5Center number from the Illinois Department of State Police to
6verify entry and maintain this number within the unidentified
7human remains case file. A National Crime Information Center
8Unidentified Person record shall remain on file indefinitely
9or until action is taken by the originating agency to clear or
10cancel the record. The assisting law enforcement agency,
11medical examiner, or coroner shall notify the Illinois
12Department of State Police of necessary record modifications
13or cancellation if identification is made.
14    (h) (Blank).
15    (h-5) The assisting law enforcement agency, medical
16examiner, or coroner shall create an unidentified person
17record in the National Missing and Unidentified Persons System
18prior to the submission of samples or within 30 days of the
19discovery of the remains, if no identification has been made.
20The entry shall include all available case information
21including fingerprint data and dental charts. Samples shall be
22submitted to a National Missing and Unidentified Persons
23System partner laboratory for DNA analysis within 30 Days. A
24notation of DNA submission shall be made within the National
25Missing and Unidentified Persons System Unidentified Person
26record.

 

 

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1    (i) Nothing in this Act shall be interpreted to preclude
2any assisting law enforcement agency, medical examiner,
3coroner, or the Illinois Department of State Police from
4pursuing other efforts to identify human remains including
5efforts to publicize information, descriptions, or photographs
6related to the investigation.
7    (j) For historic or prehistoric human skeletal remains
8determined by an anthropologist to be older than 100 years,
9jurisdiction shall be transferred to the Department of Natural
10Resources for further investigation under the Archaeological
11and Paleontological Resources Protection Act.
12(Source: P.A. 100-901, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
13    Section 410. The Police and Community Relations
14Improvement Act is amended by changing Section 1-10 as
15follows:
 
16    (50 ILCS 727/1-10)
17    Sec. 1-10. Investigation of officer-involved deaths;
18requirements.
19    (a) Each law enforcement agency shall have a written
20policy regarding the investigation of officer-involved deaths
21that involve a law enforcement officer employed by that law
22enforcement agency.
23    (b) Each officer-involved death investigation shall be
24conducted by at least 2 investigators, or an entity or agency

 

 

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1comprised of at least 2 investigators, one of whom is the lead
2investigator. The lead investigator shall be a person
3certified by the Illinois Law Enforcement Training Standards
4Board as a Lead Homicide Investigator, or similar training
5approved by the Illinois Law Enforcement Training Standards
6Board or the Illinois Department of State Police, or similar
7training provided at an Illinois Law Enforcement Training
8Standards Board certified school. No investigator involved in
9the investigation may be employed by the law enforcement
10agency that employs the officer involved in the
11officer-involved death, unless the investigator is employed by
12the Illinois Department of State Police and is not assigned to
13the same division or unit as the officer involved in the death.
14    (c) In addition to the requirements of subsection (b) of
15this Section, if the officer-involved death being investigated
16involves a motor vehicle accident, at least one investigator
17shall be certified by the Illinois Law Enforcement Training
18Standards Board as a Crash Reconstruction Specialist, or
19similar training approved by the Illinois Law Enforcement
20Training Standards Board or the Illinois Department of State
21Police, or similar training provided at an Illinois Law
22Enforcement Training Standards Board certified school.
23Notwithstanding the requirements of subsection (b) of this
24Section, the policy for a law enforcement agency, when the
25officer-involved death being investigated involves a motor
26vehicle collision, may allow the use of an investigator who is

 

 

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1employed by that law enforcement agency and who is certified
2by the Illinois Law Enforcement Training Standards Board as a
3Crash Reconstruction Specialist, or similar training approved
4by the Illinois Law Enforcement Training and Standards Board,
5or similar certified training approved by the Illinois
6Department of State Police, or similar training provided at an
7Illinois Law Enforcement Training and Standards Board
8certified school.
9    (d) The investigators conducting the investigation shall,
10in an expeditious manner, provide a complete report to the
11State's Attorney of the county in which the officer-involved
12death occurred.
13    (e) If the State's Attorney, or a designated special
14prosecutor, determines there is no basis to prosecute the law
15enforcement officer involved in the officer-involved death, or
16if the law enforcement officer is not otherwise charged or
17indicted, the investigators shall publicly release a report.
18(Source: P.A. 99-352, eff. 1-1-16.)
 
19    Section 415. The Emergency Telephone System Act is amended
20by changing Sections 2, 7, 8, 10, 12, 15.1, 15.4b, 15.5, 15.6,
2115.6a, 15.6b, 17.5, 19, 20, 30, 40, 50, 55, 75, and 80 as
22follows:
 
23    (50 ILCS 750/2)  (from Ch. 134, par. 32)
24    (Section scheduled to be repealed on December 31, 2021)

 

 

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1    Sec. 2. Definitions. As used in this Act, unless the
2context otherwise requires:
3    "9-1-1 network" means the network used for the delivery of
49-1-1 calls and messages over dedicated and redundant
5facilities to a primary or backup 9-1-1 PSAP that meets P.01
6grade of service standards for basic 9-1-1 and enhanced 9-1-1
7services or meets national I3 industry call delivery standards
8for Next Generation 9-1-1 services.
9    "9-1-1 system" means the geographic area that has been
10granted an order of authority by the Commission or the
11Statewide 9-1-1 Administrator to use "9-1-1" as the primary
12emergency telephone number.
13    "9-1-1 Authority" includes an Emergency Telephone System
14Board, Joint Emergency Telephone System Board, and a qualified
15governmental entity. "9-1-1 Authority" includes the Illinois
16Department of State Police only to the extent it provides
179-1-1 services under this Act.
18    "Administrator" means the Statewide 9-1-1 Administrator.
19    "Advanced service" means any telecommunications service
20with or without dynamic bandwidth allocation, including, but
21not limited to, ISDN Primary Rate Interface (PRI), that,
22through the use of a DS-1, T-1, or other un-channelized or
23multi-channel transmission facility, is capable of
24transporting either the subscriber's inter-premises voice
25telecommunications services to the public switched network or
26the subscriber's 9-1-1 calls to the public agency.

 

 

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1    "ALI" or "automatic location identification" means, in an
2E9-1-1 system, the automatic display at the public safety
3answering point of the caller's telephone number, the address
4or location of the telephone, and supplementary emergency
5services information.
6    "ANI" or "automatic number identification" means the
7automatic display of the 9-1-1 calling party's number on the
8PSAP monitor.
9    "Automatic alarm" and "automatic alerting device" mean any
10device that will access the 9-1-1 system for emergency
11services upon activation.
12    "Backup PSAP" means a public safety answering point that
13serves as an alternate to the PSAP for enhanced systems and is
14at a different location and operates independently from the
15PSAP. A backup PSAP may accept overflow calls from the PSAP or
16be activated if the primary PSAP is disabled.
17    "Board" means an Emergency Telephone System Board or a
18Joint Emergency Telephone System Board created pursuant to
19Section 15.4.
20    "Carrier" includes a telecommunications carrier and a
21wireless carrier.
22    "Commission" means the Illinois Commerce Commission.
23    "Computer aided dispatch" or "CAD" means a computer-based
24system that aids PSAP telecommunicators by automating selected
25dispatching and recordkeeping activities.
26    "Direct dispatch method" means a 9-1-1 service that

 

 

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1provides for the direct dispatch by a PSAP telecommunicator of
2the appropriate unit upon receipt of an emergency call and the
3decision as to the proper action to be taken.
4    "Department" means the Department of State Police.
5    "DS-1, T-1, or similar un-channelized or multi-channel
6transmission facility" means a facility that can transmit and
7receive a bit rate of at least 1.544 megabits per second
8(Mbps).
9    "Dynamic bandwidth allocation" means the ability of the
10facility or customer to drop and add channels, or adjust
11bandwidth, when needed in real time for voice or data
12purposes.
13    "Enhanced 9-1-1" or "E9-1-1" means a telephone system that
14includes network switching, database and PSAP premise elements
15capable of providing automatic location identification data,
16selective routing, selective transfer, fixed transfer, and a
17call back number, including any enhanced 9-1-1 service so
18designated by the Federal Communications Commission in its
19report and order in WC Dockets Nos. 04-36 and 05-196, or any
20successor proceeding.
21    "ETSB" means an emergency telephone system board appointed
22by the corporate authorities of any county or municipality
23that provides for the management and operation of a 9-1-1
24system.
25    "Hearing-impaired individual" means a person with a
26permanent hearing loss who can regularly and routinely

 

 

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1communicate by telephone only through the aid of devices which
2can send and receive written messages over the telephone
3network.
4    "Hosted supplemental 9-1-1 service" means a database
5service that:
6        (1) electronically provides information to 9-1-1 call
7    takers when a call is placed to 9-1-1;
8        (2) allows telephone subscribers to provide
9    information to 9-1-1 to be used in emergency scenarios;
10        (3) collects a variety of formatted data relevant to
11    9-1-1 and first responder needs, which may include, but is
12    not limited to, photographs of the telephone subscribers,
13    physical descriptions, medical information, household
14    data, and emergency contacts;
15        (4) allows for information to be entered by telephone
16    subscribers through a secure website where they can elect
17    to provide as little or as much information as they
18    choose;
19        (5) automatically displays data provided by telephone
20    subscribers to 9-1-1 call takers for all types of
21    telephones when a call is placed to 9-1-1 from a
22    registered and confirmed phone number;
23        (6) supports the delivery of telephone subscriber
24    information through a secure internet connection to all
25    emergency telephone system boards;
26        (7) works across all 9-1-1 call taking equipment and

 

 

SB2037- 562 -LRB102 17120 WGH 22551 b

1    allows for the easy transfer of information into a
2    computer aided dispatch system; and
3        (8) may be used to collect information pursuant to an
4    Illinois Premise Alert Program as defined in the Illinois
5    Premise Alert Program (PAP) Act.
6    "Interconnected voice over Internet protocol provider" or
7"Interconnected VoIP provider" has the meaning given to that
8term under Section 13-235 of the Public Utilities Act.
9    "Joint ETSB" means a Joint Emergency Telephone System
10Board established by intergovernmental agreement of two or
11more municipalities or counties, or a combination thereof, to
12provide for the management and operation of a 9-1-1 system.
13    "Local public agency" means any unit of local government
14or special purpose district located in whole or in part within
15this State that provides or has authority to provide
16firefighting, police, ambulance, medical, or other emergency
17services.
18    "Mechanical dialer" means any device that either manually
19or remotely triggers a dialing device to access the 9-1-1
20system.
21    "Master Street Address Guide" or "MSAG" is a database of
22street names and house ranges within their associated
23communities defining emergency service zones (ESZs) and their
24associated emergency service numbers (ESNs) to enable proper
25routing of 9-1-1 calls.
26    "Mobile telephone number" or "MTN" means the telephone

 

 

SB2037- 563 -LRB102 17120 WGH 22551 b

1number assigned to a wireless telephone at the time of initial
2activation.
3    "Network connections" means the number of voice grade
4communications channels directly between a subscriber and a
5telecommunications carrier's public switched network, without
6the intervention of any other telecommunications carrier's
7switched network, which would be required to carry the
8subscriber's inter-premises traffic and which connection
9either (1) is capable of providing access through the public
10switched network to a 9-1-1 Emergency Telephone System, if one
11exists, or (2) if no system exists at the time a surcharge is
12imposed under Section 15.3, that would be capable of providing
13access through the public switched network to the local 9-1-1
14Emergency Telephone System if one existed. Where multiple
15voice grade communications channels are connected to a
16telecommunications carrier's public switched network through a
17private branch exchange (PBX) service, there shall be
18determined to be one network connection for each trunk line
19capable of transporting either the subscriber's inter-premises
20traffic to the public switched network or the subscriber's
219-1-1 calls to the public agency. Where multiple voice grade
22communications channels are connected to a telecommunications
23carrier's public switched network through centrex type
24service, the number of network connections shall be equal to
25the number of PBX trunk equivalents for the subscriber's
26service or other multiple voice grade communication channels

 

 

SB2037- 564 -LRB102 17120 WGH 22551 b

1facility, as determined by reference to any generally
2applicable exchange access service tariff filed by the
3subscriber's telecommunications carrier with the Commission.
4    "Network costs" means those recurring costs that directly
5relate to the operation of the 9-1-1 network as determined by
6the Statewide 9-1-1 Administrator with the advice of the
7Statewide 9-1-1 Advisory Board, which may include, but need
8not be limited to, some or all of the following: costs for
9interoffice trunks, selective routing charges, transfer lines
10and toll charges for 9-1-1 services, Automatic Location
11Information (ALI) database charges, independent local exchange
12carrier charges and non-system provider charges, carrier
13charges for third party database for on-site customer premises
14equipment, back-up PSAP trunks for non-system providers,
15periodic database updates as provided by carrier (also known
16as "ALI data dump"), regional ALI storage charges, circuits
17for call delivery (fiber or circuit connection), NG9-1-1
18costs, and all associated fees, taxes, and surcharges on each
19invoice. "Network costs" shall not include radio circuits or
20toll charges that are other than for 9-1-1 services.
21    "Next generation 9-1-1" or "NG9-1-1" means an Internet
22Protocol-based (IP-based) system comprised of managed ESInets,
23functional elements and applications, and databases that
24replicate traditional E9-1-1 features and functions and
25provide additional capabilities. "NG9-1-1" systems are
26designed to provide access to emergency services from all

 

 

SB2037- 565 -LRB102 17120 WGH 22551 b

1connected communications sources, and provide multimedia data
2capabilities for PSAPs and other emergency services
3organizations.
4    "NG9-1-1 costs" means those recurring costs that directly
5relate to the Next Generation 9-1-1 service as determined by
6the Statewide 9-1-1 Advisory Board, including, but not limited
7to, costs for Emergency System Routing Proxy (ESRP), Emergency
8Call Routing Function/Location Validation Function (ECRF/LVF),
9Spatial Information Function (SIF), the Border Control
10Function (BCF), and the Emergency Services Internet Protocol
11networks (ESInets), legacy network gateways, and all
12associated fees, taxes, and surcharges on each invoice.
13    "Private branch exchange" or "PBX" means a private
14telephone system and associated equipment located on the
15user's property that provides communications between internal
16stations and external networks.
17    "Private business switch service" means network and
18premises based systems including a VoIP, Centrex type service,
19or PBX service, even though key telephone systems or
20equivalent telephone systems registered with the Federal
21Communications Commission under 47 C.F.R. Part 68 are directly
22connected to Centrex type and PBX systems. "Private business
23switch service" does not include key telephone systems or
24equivalent telephone systems registered with the Federal
25Communications Commission under 47 C.F.R. Part 68 when not
26used in conjunction with a VoIP, Centrex type, or PBX systems.

 

 

SB2037- 566 -LRB102 17120 WGH 22551 b

1"Private business switch service" typically includes, but is
2not limited to, private businesses, corporations, and
3industries where the telecommunications service is primarily
4for conducting business.
5    "Private residential switch service" means network and
6premise based systems including a VoIP, Centrex type service,
7or PBX service or key telephone systems or equivalent
8telephone systems registered with the Federal Communications
9Commission under 47 C.F.R. Part 68 that are directly connected
10to a VoIP, Centrex type service, or PBX systems equipped for
11switched local network connections or 9-1-1 system access to
12residential end users through a private telephone switch.
13"Private residential switch service" does not include key
14telephone systems or equivalent telephone systems registered
15with the Federal Communications Commission under 47 C.F.R.
16Part 68 when not used in conjunction with a VoIP, Centrex type,
17or PBX systems. "Private residential switch service" typically
18includes, but is not limited to, apartment complexes,
19condominiums, and campus or university environments where
20shared tenant service is provided and where the usage of the
21telecommunications service is primarily residential.
22    "Public agency" means the State, and any unit of local
23government or special purpose district located in whole or in
24part within this State, that provides or has authority to
25provide firefighting, police, ambulance, medical, or other
26emergency services.

 

 

SB2037- 567 -LRB102 17120 WGH 22551 b

1    "Public safety agency" means a functional division of a
2public agency that provides firefighting, police, medical, or
3other emergency services to respond to and manage emergency
4incidents. For the purpose of providing wireless service to
5users of 9-1-1 emergency services, as expressly provided for
6in this Act, the Illinois Department of State Police may be
7considered a public safety agency.
8    "Public safety answering point" or "PSAP" is a set of
9call-takers authorized by a governing body and operating under
10common management that receive 9-1-1 calls and asynchronous
11event notifications for a defined geographic area and
12processes those calls and events according to a specified
13operational policy.
14    "Qualified governmental entity" means a unit of local
15government authorized to provide 9-1-1 services pursuant to
16this Act where no emergency telephone system board exists.
17    "Referral method" means a 9-1-1 service in which the PSAP
18telecommunicator provides the calling party with the telephone
19number of the appropriate public safety agency or other
20provider of emergency services.
21    "Regular service" means any telecommunications service,
22other than advanced service, that is capable of transporting
23either the subscriber's inter-premises voice
24telecommunications services to the public switched network or
25the subscriber's 9-1-1 calls to the public agency.
26    "Relay method" means a 9-1-1 service in which the PSAP

 

 

SB2037- 568 -LRB102 17120 WGH 22551 b

1telecommunicator takes the pertinent information from a caller
2and relays that information to the appropriate public safety
3agency or other provider of emergency services.
4    "Remit period" means the billing period, one month in
5duration, for which a wireless carrier remits a surcharge and
6provides subscriber information by zip code to the Illinois
7State Police Department, in accordance with Section 20 of this
8Act.
9    "Secondary Answering Point" or "SAP" means a location,
10other than a PSAP, that is able to receive the voice, data, and
11call back number of E9-1-1 or NG9-1-1 emergency calls
12transferred from a PSAP and completes the call taking process
13by dispatching police, medical, fire, or other emergency
14responders.
15    "Statewide wireless emergency 9-1-1 system" means all
16areas of the State where an emergency telephone system board
17or, in the absence of an emergency telephone system board, a
18qualified governmental entity, has not declared its intention
19for one or more of its public safety answering points to serve
20as a primary wireless 9-1-1 public safety answering point for
21its jurisdiction. The operator of the statewide wireless
22emergency 9-1-1 system shall be the Illinois Department of
23State Police.
24    "System" means the communications equipment and related
25software applications required to produce a response by the
26appropriate emergency public safety agency or other provider

 

 

SB2037- 569 -LRB102 17120 WGH 22551 b

1of emergency services as a result of an emergency call being
2placed to 9-1-1.
3    "System provider" means the contracted entity providing
49-1-1 network and database services.
5    "Telecommunications carrier" means those entities included
6within the definition specified in Section 13-202 of the
7Public Utilities Act, and includes those carriers acting as
8resellers of telecommunications services. "Telecommunications
9carrier" includes telephone systems operating as mutual
10concerns. "Telecommunications carrier" does not include a
11wireless carrier.
12    "Telecommunications technology" means equipment that can
13send and receive written messages over the telephone network.
14    "Transfer method" means a 9-1-1 service in which the PSAP
15telecommunicator receiving a call transfers that call to the
16appropriate public safety agency or other provider of
17emergency services.
18    "Transmitting messages" shall have the meaning given to
19that term under Section 8-11-2 of the Illinois Municipal Code.
20    "Trunk line" means a transmission path, or group of
21transmission paths, connecting a subscriber's PBX to a
22telecommunications carrier's public switched network. In the
23case of regular service, each voice grade communications
24channel or equivalent amount of bandwidth capable of
25transporting either the subscriber's inter-premises voice
26telecommunications services to the public switched network or

 

 

SB2037- 570 -LRB102 17120 WGH 22551 b

1the subscriber's 9-1-1 calls to the public agency shall be
2considered a trunk line, even if it is bundled with other
3channels or additional bandwidth. In the case of advanced
4service, each DS-1, T-1, or other un-channelized or
5multi-channel transmission facility that is capable of
6transporting either the subscriber's inter-premises voice
7telecommunications services to the public switched network or
8the subscriber's 9-1-1 calls to the public agency shall be
9considered a single trunk line, even if it contains multiple
10voice grade communications channels or otherwise supports 2 or
11more voice grade calls at a time; provided, however, that each
12additional increment of up to 24 voice grade channels of
13transmission capacity that is capable of transporting either
14the subscriber's inter-premises voice telecommunications
15services to the public switched network or the subscriber's
169-1-1 calls to the public agency shall be considered an
17additional trunk line.
18    "Unmanned backup PSAP" means a public safety answering
19point that serves as an alternate to the PSAP at an alternate
20location and is typically unmanned but can be activated if the
21primary PSAP is disabled.
22    "Virtual answering point" or "VAP" means a temporary or
23nonpermanent location that is capable of receiving an
24emergency call, contains a fully functional worksite that is
25not bound to a specific location, but rather is portable and
26scalable, connecting emergency call takers or dispatchers to

 

 

SB2037- 571 -LRB102 17120 WGH 22551 b

1the work process, and is capable of completing the call
2dispatching process.
3    "Voice-impaired individual" means a person with a
4permanent speech disability which precludes oral
5communication, who can regularly and routinely communicate by
6telephone only through the aid of devices which can send and
7receive written messages over the telephone network.
8    "Wireless carrier" means a provider of two-way cellular,
9broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
10Mobile Radio Service (CMRS), Wireless Communications Service
11(WCS), or other Commercial Mobile Radio Service (CMRS), as
12defined by the Federal Communications Commission, offering
13radio communications that may provide fixed, mobile, radio
14location, or satellite communication services to individuals
15or businesses within its assigned spectrum block and
16geographical area or that offers real-time, two-way voice
17service that is interconnected with the public switched
18network, including a reseller of such service.
19    "Wireless enhanced 9-1-1" means the ability to relay the
20telephone number of the originator of a 9-1-1 call and
21location information from any mobile handset or text telephone
22device accessing the wireless system to the designated
23wireless public safety answering point as set forth in the
24order of the Federal Communications Commission, FCC Docket No.
2594-102, adopted June 12, 1996, with an effective date of
26October 1, 1996, and any subsequent amendment thereto.

 

 

SB2037- 572 -LRB102 17120 WGH 22551 b

1    "Wireless public safety answering point" means the
2functional division of a 9-1-1 authority accepting wireless
39-1-1 calls.
4    "Wireless subscriber" means an individual or entity to
5whom a wireless service account or number has been assigned by
6a wireless carrier, other than an account or number associated
7with prepaid wireless telecommunication service.
8(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
9    (50 ILCS 750/7)  (from Ch. 134, par. 37)
10    (Section scheduled to be repealed on December 31, 2021)
11    Sec. 7. The General Assembly finds that, because of
12overlapping jurisdiction of public agencies, public safety
13agencies and telephone service areas, the Administrator, with
14the advice and recommendation of the Statewide 9-1-1 Advisory
15Board, shall establish a general overview or plan to
16effectuate the purposes of this Act within the time frame
17provided in this Act. In order to insure that proper
18preparation and implementation of emergency telephone systems
19are accomplished by all public agencies as required under this
20Act, the Illinois State Police Department, with the advice and
21assistance of the Attorney General, shall secure compliance by
22public agencies as provided in this Act.
23(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
24    (50 ILCS 750/8)  (from Ch. 134, par. 38)

 

 

SB2037- 573 -LRB102 17120 WGH 22551 b

1    (Section scheduled to be repealed on December 31, 2021)
2    Sec. 8. The Administrator, with the advice and
3recommendation of the Statewide 9-1-1 Advisory Board, shall
4coordinate the implementation of systems established under
5this Act. To assist with this coordination, all systems
6authorized to operate under this Act shall register with the
7Administrator information regarding its composition and
8organization, including, but not limited to, identification of
9all PSAPs, SAPs, VAPs, Backup PSAPs, and Unmanned Backup
10PSAPs. The Illinois State Police Department may adopt rules
11for the administration of this Section.
12(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
13    (50 ILCS 750/10)  (from Ch. 134, par. 40)
14    (Section scheduled to be repealed on December 31, 2021)
15    Sec. 10. (a) The Administrator, with the advice and
16recommendation of the Statewide 9-1-1 Advisory Board, shall
17establish uniform technical and operational standards for all
189-1-1 systems in Illinois. All findings, orders, decisions,
19rules, and regulations issued or promulgated by the Commission
20under this Act or any other Act establishing or conferring
21power on the Commission with respect to emergency
22telecommunications services, shall continue in force.
23Notwithstanding the provisions of this Section, where
24applicable, the Administrator shall, with the advice and
25recommendation of the Statewide 9-1-1 Advisory Board, amend

 

 

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1the Commission's findings, orders, decisions, rules, and
2regulations to conform to the specific provisions of this Act
3as soon as practicable after the effective date of this
4amendatory Act of the 99th General Assembly.
5    (b) The Illinois State Police Department may adopt
6emergency rules necessary to implement the provisions of this
7amendatory Act of the 99th General Assembly under subsection
8(t) of Section 5-45 of the Illinois Administrative Procedure
9Act.
10    (c) Nothing in this Act shall deprive the Commission of
11any authority to regulate the provision by telecommunication
12carriers or 9-1-1 system service providers of
13telecommunication or other services under the Public Utilities
14Act.
15    (d) For rules that implicate both the regulation of 9-1-1
16authorities under this Act and the regulation of
17telecommunication carriers and 9-1-1 system service providers
18under the Public Utilities Act, the Illinois State Police
19Department and the Commission may adopt joint rules necessary
20for implementation.
21    (e) Any findings, orders, or decisions of the
22Administrator under this Section shall be deemed a final
23administrative decision and shall be subject to judicial
24review under the Administrative Review Law.
25(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 

 

 

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1    (50 ILCS 750/12)  (from Ch. 134, par. 42)
2    (Section scheduled to be repealed on December 31, 2021)
3    Sec. 12. The Attorney General may, on behalf of the
4Illinois State Police Department or on his own initiative,
5commence judicial proceedings to enforce compliance by any
6public agency or public utility providing telephone service
7with this Act.
8(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
9    (50 ILCS 750/15.1)  (from Ch. 134, par. 45.1)
10    (Section scheduled to be repealed on December 31, 2021)
11    Sec. 15.1. Public body; exemption from civil liability for
12developing or operating emergency telephone system.
13    (a) In no event shall a public agency, the Commission, the
14Statewide 9-1-1 Advisory Board, the Administrator, the
15Illinois Department of State Police, public safety agency,
16public safety answering point, emergency telephone system
17board, or unit of local government assuming the duties of an
18emergency telephone system board, or carrier, or its officers,
19employees, assigns, or agents be liable for any civil damages
20or criminal liability that directly or indirectly results
21from, or is caused by, any act or omission in the development,
22design, installation, operation, maintenance, performance, or
23provision of 9-1-1 service required by this Act, unless the
24act or omission constitutes gross negligence, recklessness, or
25intentional misconduct.

 

 

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1    A unit of local government, the Commission, the Statewide
29-1-1 Advisory Board, the Administrator, the Illinois
3Department of State Police, public safety agency, public
4safety answering point, emergency telephone system board, or
5carrier, or its officers, employees, assigns, or agents, shall
6not be liable for any form of civil damages or criminal
7liability that directly or indirectly results from, or is
8caused by, the release of subscriber information to any
9governmental entity as required under the provisions of this
10Act, unless the release constitutes gross negligence,
11recklessness, or intentional misconduct.
12    (b) Exemption from civil liability for emergency
13instructions is as provided in the Good Samaritan Act.
14    (c) This Section may not be offered as a defense in any
15judicial proceeding brought by the Attorney General under
16Section 12 to compel compliance with this Act.
17(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
18    (50 ILCS 750/15.4b)
19    (Section scheduled to be repealed on December 31, 2021)
20    Sec. 15.4b. Consolidation grants.
21    (a) The Administrator, with the advice and recommendation
22of the Statewide 9-1-1 Advisory Board, shall administer a
239-1-1 System Consolidation Grant Program to defray costs
24associated with 9-1-1 system consolidation of systems outside
25of a municipality with a population in excess of 500,000. The

 

 

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1awarded grants will be used to offset non-recurring costs
2associated with the consolidation of 9-1-1 systems and shall
3not be used for ongoing operating costs associated with the
4consolidated system. The Illinois State Police Department, in
5consultation with the Administrator and the Statewide 9-1-1
6Advisory Board, shall adopt rules defining the grant process
7and criteria for issuing the grants. The grants should be
8awarded based on criteria that include, but are not limited
9to:
10        (1) reducing the number of transfers of a 9-1-1 call;
11        (2) reducing the infrastructure required to adequately
12    provide 9-1-1 network services;
13        (3) promoting cost savings from resource sharing among
14    9-1-1 systems;
15        (4) facilitating interoperability and resiliency for
16    the receipt of 9-1-1 calls;
17        (5) reducing the number of 9-1-1 systems or reducing
18    the number of PSAPs within a 9-1-1 system;
19        (6) cost saving resulting from 9-1-1 system
20    consolidation; and
21        (7) expanding E9-1-1 service coverage as a result of
22    9-1-1 system consolidation including to areas without
23    E9-1-1 service.
24    Priority shall be given first to counties not providing
259-1-1 service as of January 1, 2016, and next to other entities
26consolidating as required under Section 15.4a of this Act.

 

 

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1    (b) The 9-1-1 System Consolidation Grant application, as
2defined by Illinois State Police Department rules, shall be
3submitted electronically to the Administrator starting January
42, 2016, and every January 2 thereafter. The application shall
5include a modified 9-1-1 system plan as required by this Act in
6support of the consolidation plan. The Administrator shall
7have until June 30, 2016 and every June 30 thereafter to
8approve 9-1-1 System Consolidation grants and modified 9-1-1
9system plans. Payment under the approved 9-1-1 System
10Consolidation grants shall be contingent upon the final
11approval of a modified 9-1-1 system plan.
12    (c) Existing and previously completed consolidation
13projects shall be eligible to apply for reimbursement of costs
14related to the consolidation incurred between 2010 and the
15State fiscal year of the application.
16    (d) The 9-1-1 systems that receive grants under this
17Section shall provide a report detailing grant fund usage to
18the Administrator pursuant to Section 40 of this Act.
19(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
20    (50 ILCS 750/15.5)
21    (Section scheduled to be repealed on December 31, 2021)
22    Sec. 15.5. Private residential switch service 9-1-1
23service.
24    (a) After June 30, 1995, an entity that provides or
25operates private residential switch service and provides

 

 

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1telecommunications facilities or services to residents shall
2provide to those residential end users the same level of 9-1-1
3service as the public agency and the telecommunications
4carrier are providing to other residential end users of the
5local 9-1-1 system. This service shall include, but not be
6limited to, the capability to identify the telephone number,
7extension number, and the physical location that is the source
8of the call to the number designated as the emergency
9telephone number.
10    (b) The private residential switch operator is responsible
11for forwarding end user automatic location identification
12record information to the 9-1-1 system provider according to
13the format, frequency, and procedures established by that
14system provider.
15    (c) This Act does not apply to any PBX telephone extension
16that uses radio transmissions to convey electrical signals
17directly between the telephone extension and the serving PBX.
18    (d) An entity that violates this Section is guilty of a
19business offense and shall be fined not less than $1,000 and
20not more than $5,000.
21    (e) Nothing in this Section shall be construed to preclude
22the Attorney General on behalf of the Illinois State Police
23Department or on his or her own initiative, or any other
24interested person, from seeking judicial relief, by mandamus,
25injunction, or otherwise, to compel compliance with this
26Section.

 

 

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1(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
2    (50 ILCS 750/15.6)
3    (Section scheduled to be repealed on December 31, 2021)
4    Sec. 15.6. Enhanced 9-1-1 service; business service.
5    (a) After June 30, 2000, or within 18 months after
6enhanced 9-1-1 service becomes available, any entity that
7installs or operates a private business switch service and
8provides telecommunications facilities or services to
9businesses shall assure that the system is connected to the
10public switched network in a manner that calls to 9-1-1 result
11in automatic number and location identification. For buildings
12having their own street address and containing workspace of
1340,000 square feet or less, location identification shall
14include the building's street address. For buildings having
15their own street address and containing workspace of more than
1640,000 square feet, location identification shall include the
17building's street address and one distinct location
18identification per 40,000 square feet of workspace. Separate
19buildings containing workspace of 40,000 square feet or less
20having a common public street address shall have a distinct
21location identification for each building in addition to the
22street address.
23    (b) Exemptions. Buildings containing workspace of more
24than 40,000 square feet are exempt from the multiple location
25identification requirements of subsection (a) if the building

 

 

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1maintains, at all times, alternative and adequate means of
2signaling and responding to emergencies. Those means shall
3include, but not be limited to, a telephone system that
4provides the physical location of 9-1-1 calls coming from
5within the building. Health care facilities are presumed to
6meet the requirements of this paragraph if the facilities are
7staffed with medical or nursing personnel 24 hours per day and
8if an alternative means of providing information about the
9source of an emergency call exists. Buildings under this
10exemption must provide 9-1-1 service that provides the
11building's street address.
12    Buildings containing workspace of more than 40,000 square
13feet are exempt from subsection (a) if the building maintains,
14at all times, alternative and adequate means of signaling and
15responding to emergencies, including a telephone system that
16provides the location of a 9-1-1 call coming from within the
17building, and the building is serviced by its own medical,
18fire and security personnel. Buildings under this exemption
19are subject to emergency phone system certification by the
20Administrator.
21    Buildings in communities not serviced by enhanced 9-1-1
22service are exempt from subsection (a).
23    Correctional institutions and facilities, as defined in
24subsection (d) of Section 3-1-2 of the Unified Code of
25Corrections, are exempt from subsection (a).
26    (c) This Act does not apply to any PBX telephone extension

 

 

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1that uses radio transmissions to convey electrical signals
2directly between the telephone extension and the serving PBX.
3    (d) An entity that violates this Section is guilty of a
4business offense and shall be fined not less than $1,000 and
5not more than $5,000.
6    (e) Nothing in this Section shall be construed to preclude
7the Attorney General on behalf of the Illinois State Police
8Department or on his or her own initiative, or any other
9interested person, from seeking judicial relief, by mandamus,
10injunction, or otherwise, to compel compliance with this
11Section.
12    (f) The Illinois State Police Department may promulgate
13rules for the administration of this Section.
14(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
15    (50 ILCS 750/15.6a)
16    (Section scheduled to be repealed on December 31, 2021)
17    Sec. 15.6a. Wireless emergency 9-1-1 service.
18    (a) The digits "9-1-1" shall be the designated emergency
19telephone number within the wireless system.
20    (b) The Illinois State Police Department may set
21non-discriminatory and uniform technical and operational
22standards consistent with the rules of the Federal
23Communications Commission for directing calls to authorized
24public safety answering points. These standards shall not in
25any way prescribe the technology or manner a wireless carrier

 

 

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1shall use to deliver wireless 9-1-1 or wireless E9-1-1 calls,
2and these standards shall not exceed the requirements set by
3the Federal Communications Commission; however, standards for
4directing calls to the authorized public safety answering
5point shall be included. The authority given to the Illinois
6State Police Department in this Section is limited to setting
7standards as set forth herein and does not constitute
8authority to regulate wireless carriers.
9    (c) For the purpose of providing wireless 9-1-1 emergency
10services, an emergency telephone system board or, in the
11absence of an emergency telephone system board, a qualified
12governmental entity, may declare its intention for one or more
13of its public safety answering points to serve as a primary
14wireless 9-1-1 public safety answering point for its
15jurisdiction by notifying the Administrator in writing within
166 months after receiving its authority to operate a 9-1-1
17system under this Act. In addition, 2 or more emergency
18telephone system boards or qualified governmental entities
19may, by virtue of an intergovernmental agreement, provide
20wireless 9-1-1 service. Until the jurisdiction comes into
21compliance with Section 15.4a of this Act, the Illinois
22Department of State Police shall be the primary wireless 9-1-1
23public safety answering point for any jurisdiction that did
24not provide notice to the Illinois Commerce Commission and the
25Illinois State Police Department prior to January 1, 2016.
26    (d) The Administrator, upon a request from a qualified

 

 

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1governmental entity or an emergency telephone system board and
2with the advice and recommendation of the Statewide 9-1-1
3Advisory Board, may grant authority to the emergency telephone
4system board or a qualified governmental entity to provide
5wireless 9-1-1 service in areas for which the Illinois State
6Police Department has accepted wireless 9-1-1 responsibility.
7The Administrator shall maintain a current list of all 9-1-1
8systems and qualified governmental entities providing wireless
99-1-1 service under this Act.
10(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
11    (50 ILCS 750/15.6b)
12    (Section scheduled to be repealed on December 31, 2021)
13    Sec. 15.6b. Next Generation 9-1-1 service.
14    (a) The Administrator, with the advice and recommendation
15of the Statewide 9-1-1 Advisory Board, shall develop and
16implement a plan for a statewide Next Generation 9-1-1
17network. The Next Generation 9-1-1 network must be an Internet
18protocol-based platform that at a minimum provides:
19        (1) improved 9-1-1 call delivery;
20        (2) enhanced interoperability;
21        (3) increased ease of communication between 9-1-1
22    service providers, allowing immediate transfer of 9-1-1
23    calls, caller information, photos, and other data
24    statewide;
25        (4) a hosted solution with redundancy built in; and

 

 

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1        (5) compliance with NENA Standards i3 Solution 08-003.
2    (b) By July 1, 2016, the Administrator, with the advice
3and recommendation of the Statewide 9-1-1 Advisory Board,
4shall design and issue a competitive request for a proposal to
5secure the services of a consultant to complete a feasibility
6study on the implementation of a statewide Next Generation
79-1-1 network in Illinois. By July 1, 2017, the consultant
8shall complete the feasibility study and make recommendations
9as to the appropriate procurement approach for developing a
10statewide Next Generation 9-1-1 network.
11    (c) Within 12 months of the final report from the
12consultant under subsection (b) of this Section, the Illinois
13State Police Department shall procure and finalize a contract
14with a vendor certified under Section 13-900 of the Public
15Utilities Act to establish a statewide Next Generation 9-1-1
16network. By July 1, 2021, the vendor shall implement a Next
17Generation 9-1-1 network that allows 9-1-1 systems providing
189-1-1 service to Illinois residents to access the system
19utilizing their current infrastructure if it meets the
20standards adopted by the Illinois State Police Department.
21(Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
 
22    (50 ILCS 750/17.5)
23    (Section scheduled to be repealed on December 31, 2021)
24    Sec. 17.5. 9-1-1 call transfer, forward, or relay.
25    (a) The General Assembly finds the following:

 

 

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1        (1) Some 9-1-1 systems throughout this State do not
2    have a procedure in place to manually transfer, forward,
3    or relay 9-1-1 calls originating within one 9-1-1 system's
4    jurisdiction, but which should properly be answered and
5    dispatched by another 9-1-1 system, to the appropriate
6    9-1-1 system for answering and dispatch of first
7    responders.
8        (2) On January 1, 2016, the General Assembly gave
9    oversight authority of 9-1-1 systems to the Illinois
10    Department of State Police.
11        (3) Since that date, the Illinois Department of State
12    Police has authorized individual 9-1-1 systems in counties
13    and municipalities to implement and upgrade enhanced 9-1-1
14    systems throughout the State.
15    (b) The Illinois State Police Department shall prepare a
16directory of all authorized 9-1-1 systems in the State. The
17directory shall include an emergency 24/7 10-digit telephone
18number for all primary public safety answering points located
19in each 9-1-1 system to which 9-1-1 calls from another
20jurisdiction can be transferred. This directory shall be made
21available to each 9-1-1 authority for its use in establishing
22standard operating procedures regarding calls outside its
239-1-1 jurisdiction.
24    (c) Each 9-1-1 system shall provide the Illinois State
25Police Department with the following information:
26        (1) The name of the PSAP, a list of every

 

 

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1    participating agency, and the county the PSAP is in,
2    including college and university public safety entities.
3        (2) The 24/7 10-digit emergency telephone number and
4    email address for the dispatch agency to which 9-1-1 calls
5    originating in another 9-1-1 jurisdiction can be
6    transferred or by which the PSAP can be contacted via
7    email to exchange information. Each 9-1-1 system shall
8    provide the Illinois State Police Department with any
9    changes to the participating agencies and this number and
10    email address immediately upon the change occurring. Each
11    9-1-1 system shall provide the PSAP information, the 24/7
12    10-digit emergency telephone number and email address to
13    the Manager of the Illinois State Police's Department's
14    9-1-1 Program within 30 days of the effective date of this
15    amendatory Act of the 100th General Assembly.
16        (3) The standard operating procedure describing the
17    manner in which the 9-1-1 system will transfer, forward,
18    or relay 9-1-1 calls originating within its jurisdiction,
19    but which should properly be answered and dispatched by
20    another 9-1-1 system, to the appropriate 9-1-1 system.
21    Each 9-1-1 system shall provide the standard operating
22    procedures to the Manager of the Illinois State Police's
23    Department's 9-1-1 Program within 180 days after the
24    effective date of this amendatory Act of the 100th General
25    Assembly.
26(Source: P.A. 100-20, eff. 7-1-17.)
 

 

 

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1    (50 ILCS 750/19)
2    (Section scheduled to be repealed on December 31, 2021)
3    Sec. 19. Statewide 9-1-1 Advisory Board.
4    (a) Beginning July 1, 2015, there is created the Statewide
59-1-1 Advisory Board within the Illinois Department of State
6Police. The Board shall consist of the following 11 voting
7members:
8        (1) The Director of the Illinois State Police, or his
9    or her designee, who shall serve as chairman.
10        (2) The Executive Director of the Commission, or his
11    or her designee.
12        (3) Nine members appointed by the Governor as follows:
13            (A) one member representing the Illinois chapter
14        of the National Emergency Number Association, or his
15        or her designee;
16            (B) one member representing the Illinois chapter
17        of the Association of Public-Safety Communications
18        Officials, or his or her designee;
19            (C) one member representing a county 9-1-1 system
20        from a county with a population of less than 50,000;
21            (D) one member representing a county 9-1-1 system
22        from a county with a population between 50,000 and
23        250,000;
24            (E) one member representing a county 9-1-1 system
25        from a county with a population of more than 250,000;

 

 

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1            (F) one member representing a municipality with a
2        population of less than 500,000 in a county with a
3        population in excess of 2,000,000;
4            (G) one member representing the Illinois
5        Association of Chiefs of Police;
6            (H) one member representing the Illinois Sheriffs'
7        Association; and
8            (I) one member representing the Illinois Fire
9        Chiefs Association.
10    The Governor shall appoint the following non-voting
11members: (i) one member representing an incumbent local
12exchange 9-1-1 system provider; (ii) one member representing a
13non-incumbent local exchange 9-1-1 system provider; (iii) one
14member representing a large wireless carrier; (iv) one member
15representing an incumbent local exchange carrier; (v) one
16member representing the Illinois Telecommunications
17Association; (vi) one member representing the Cable Television
18and Communication Association of Illinois; and (vii) one
19member representing the Illinois State Ambulance Association.
20The Speaker of the House of Representatives, the Minority
21Leader of the House of Representatives, the President of the
22Senate, and the Minority Leader of the Senate may each appoint
23a member of the General Assembly to temporarily serve as a
24non-voting member of the Board during the 12 months prior to
25the repeal date of this Act to discuss legislative initiatives
26of the Board.

 

 

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1    (b) The Governor shall make initial appointments to the
2Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the
3voting members appointed by the Governor shall serve an
4initial term of 2 years, and the remaining voting members
5appointed by the Governor shall serve an initial term of 3
6years. Thereafter, each appointment by the Governor shall be
7for a term of 3 years. Non-voting members shall serve for a
8term of 3 years. Vacancies shall be filled in the same manner
9as the original appointment. Persons appointed to fill a
10vacancy shall serve for the balance of the unexpired term.
11    Members of the Statewide 9-1-1 Advisory Board shall serve
12without compensation.
13    (c) The 9-1-1 Services Advisory Board, as constituted on
14June 1, 2015 without the legislative members, shall serve in
15the role of the Statewide 9-1-1 Advisory Board until all
16appointments of voting members have been made by the Governor
17under subsection (a) of this Section.
18    (d) The Statewide 9-1-1 Advisory Board shall:
19        (1) advise the Illinois Department of State Police and
20    the Statewide 9-1-1 Administrator on the oversight of
21    9-1-1 systems and the development and implementation of a
22    uniform statewide 9-1-1 system;
23        (2) make recommendations to the Governor and the
24    General Assembly regarding improvements to 9-1-1 services
25    throughout the State; and
26        (3) exercise all other powers and duties provided in

 

 

SB2037- 591 -LRB102 17120 WGH 22551 b

1    this Act.
2    (e) The Statewide 9-1-1 Advisory Board shall submit to the
3General Assembly a report by March 1 of each year providing an
4update on the transition to a statewide 9-1-1 system and
5recommending any legislative action.
6    (f) The Illinois Department of State Police shall provide
7administrative support to the Statewide 9-1-1 Advisory Board.
8(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 
9    (50 ILCS 750/20)
10    (Section scheduled to be repealed on December 31, 2021)
11    Sec. 20. Statewide surcharge.
12    (a) On and after January 1, 2016, and except with respect
13to those customers who are subject to surcharges as provided
14in Sections 15.3 and 15.3a of this Act, a monthly surcharge
15shall be imposed on all customers of telecommunications
16carriers and wireless carriers as follows:
17        (1) Each telecommunications carrier shall impose a
18    monthly surcharge per network connection; provided,
19    however, the monthly surcharge shall not apply to a
20    network connection provided for use with pay telephone
21    services. Where multiple voice grade communications
22    channels are connected between the subscriber's premises
23    and a public switched network through private branch
24    exchange (PBX), centrex type service, or other multiple
25    voice grade communication channels facility, there shall

 

 

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1    be imposed 5 such surcharges per network connection for
2    both regular service and advanced service provisioned
3    trunk lines. Until December 31, 2017, the surcharge shall
4    be $0.87 per network connection and on and after January
5    1, 2018, the surcharge shall be $1.50 per network
6    connection.
7        (2) Each wireless carrier shall impose and collect a
8    monthly surcharge per CMRS connection that either has a
9    telephone number within an area code assigned to Illinois
10    by the North American Numbering Plan Administrator or has
11    a billing address in this State. Until December 31, 2017,
12    the surcharge shall be $0.87 per connection and on and
13    after January 1, 2018, the surcharge shall be $1.50 per
14    connection.
15    (b) State and local taxes shall not apply to the
16surcharges imposed under this Section.
17    (c) The surcharges imposed by this Section shall be stated
18as a separately stated item on subscriber bills.
19    (d) The telecommunications carrier collecting the
20surcharge may deduct and retain an amount not to exceed 3% of
21the gross amount of surcharge collected to reimburse the
22telecommunications carrier for the expense of accounting and
23collecting the surcharge. On and after July 1, 2022, the
24wireless carrier collecting a surcharge under this Section may
25deduct and retain an amount not to exceed 3% of the gross
26amount of the surcharge collected to reimburse the wireless

 

 

SB2037- 593 -LRB102 17120 WGH 22551 b

1carrier for the expense of accounting and collecting the
2surcharge.
3    (e) Surcharges imposed under this Section shall be
4collected by the carriers and shall be remitted to the
5Illinois State Police Department, either by check or
6electronic funds transfer, by the end of the next calendar
7month after the calendar month in which it was collected for
8deposit into the Statewide 9-1-1 Fund. Carriers are not
9required to remit surcharge moneys that are billed to
10subscribers but not yet collected.
11    The first remittance by wireless carriers shall include
12the number of subscribers by zip code, and the 9-digit zip code
13if currently being used or later implemented by the carrier,
14that shall be the means by which the Illinois State Police
15Department shall determine distributions from the Statewide
169-1-1 Fund. This information shall be updated at least once
17each year. Any carrier that fails to provide the zip code
18information required under this subsection (e) shall be
19subject to the penalty set forth in subsection (g) of this
20Section.
21    (f) If, within 8 calendar days after it is due under
22subsection (e) of this Section, a carrier does not remit the
23surcharge or any portion thereof required under this Section,
24then the surcharge or portion thereof shall be deemed
25delinquent until paid in full, and the Illinois State Police
26Department may impose a penalty against the carrier in an

 

 

SB2037- 594 -LRB102 17120 WGH 22551 b

1amount equal to the greater of:
2        (1) $25 for each month or portion of a month from the
3    time an amount becomes delinquent until the amount is paid
4    in full; or
5        (2) an amount equal to the product of 1% and the sum of
6    all delinquent amounts for each month or portion of a
7    month that the delinquent amounts remain unpaid.
8    A penalty imposed in accordance with this subsection (f)
9for a portion of a month during which the carrier pays the
10delinquent amount in full shall be prorated for each day of
11that month that the delinquent amount was paid in full. Any
12penalty imposed under this subsection (f) is in addition to
13the amount of the delinquency and is in addition to any other
14penalty imposed under this Section.
15    (g) If, within 8 calendar days after it is due, a wireless
16carrier does not provide the number of subscribers by zip code
17as required under subsection (e) of this Section, then the
18report is deemed delinquent and the Illinois State Police
19Department may impose a penalty against the carrier in an
20amount equal to the greater of:
21        (1) $25 for each month or portion of a month that the
22    report is delinquent; or
23        (2) an amount equal to the product of $0.01 and the
24    number of subscribers served by the carrier for each month
25    or portion of a month that the delinquent report is not
26    provided.

 

 

SB2037- 595 -LRB102 17120 WGH 22551 b

1    A penalty imposed in accordance with this subsection (g)
2for a portion of a month during which the carrier provides the
3number of subscribers by zip code as required under subsection
4(e) of this Section shall be prorated for each day of that
5month during which the carrier had not provided the number of
6subscribers by zip code as required under subsection (e) of
7this Section. Any penalty imposed under this subsection (g) is
8in addition to any other penalty imposed under this Section.
9    (h) A penalty imposed and collected in accordance with
10subsection (f) or (g) of this Section shall be deposited into
11the Statewide 9-1-1 Fund for distribution according to Section
1230 of this Act.
13    (i) The Illinois State Police Department may enforce the
14collection of any delinquent amount and any penalty due and
15unpaid under this Section by legal action or in any other
16manner by which the collection of debts due the State of
17Illinois may be enforced under the laws of this State. The
18Illinois State Police Department may excuse the payment of any
19penalty imposed under this Section if the Administrator
20determines that the enforcement of this penalty is unjust.
21    (j) Notwithstanding any provision of law to the contrary,
22nothing shall impair the right of wireless carriers to recover
23compliance costs for all emergency communications services
24that are not reimbursed out of the Wireless Carrier
25Reimbursement Fund directly from their wireless subscribers by
26line-item charges on the wireless subscriber's bill. Those

 

 

SB2037- 596 -LRB102 17120 WGH 22551 b

1compliance costs include all costs incurred by wireless
2carriers in complying with local, State, and federal
3regulatory or legislative mandates that require the
4transmission and receipt of emergency communications to and
5from the general public, including, but not limited to,
6E9-1-1.
7(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
8    (50 ILCS 750/30)
9    (Section scheduled to be repealed on December 31, 2021)
10    Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
11    (a) A special fund in the State treasury known as the
12Wireless Service Emergency Fund shall be renamed the Statewide
139-1-1 Fund. Any appropriations made from the Wireless Service
14Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
15The Fund shall consist of the following:
16        (1) 9-1-1 wireless surcharges assessed under the
17    Wireless Emergency Telephone Safety Act.
18        (2) 9-1-1 surcharges assessed under Section 20 of this
19    Act.
20        (3) Prepaid wireless 9-1-1 surcharges assessed under
21    Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
22        (4) Any appropriations, grants, or gifts made to the
23    Fund.
24        (5) Any income from interest, premiums, gains, or
25    other earnings on moneys in the Fund.

 

 

SB2037- 597 -LRB102 17120 WGH 22551 b

1        (6) Money from any other source that is deposited in
2    or transferred to the Fund.
3    (b) Subject to appropriation and availability of funds,
4the Illinois State Police Department shall distribute the
59-1-1 surcharges monthly as follows:
6        (1) From each surcharge collected and remitted under
7    Section 20 of this Act:
8            (A) $0.013 shall be distributed monthly in equal
9        amounts to each County Emergency Telephone System
10        Board or qualified governmental entity in counties
11        with a population under 100,000 according to the most
12        recent census data which is authorized to serve as a
13        primary wireless 9-1-1 public safety answering point
14        for the county and to provide wireless 9-1-1 service
15        as prescribed by subsection (b) of Section 15.6a of
16        this Act, and which does provide such service.
17            (B) $0.033 shall be transferred by the Comptroller
18        at the direction of the Illinois State Police
19        Department to the Wireless Carrier Reimbursement Fund
20        until June 30, 2017; from July 1, 2017 through June 30,
21        2018, $0.026 shall be transferred; from July 1, 2018
22        through June 30, 2019, $0.020 shall be transferred;
23        from July 1, 2019, through June 30, 2020, $0.013 shall
24        be transferred; from July 1, 2020 through June 30,
25        2021, $0.007 will be transferred; and after June 30,
26        2021, no transfer shall be made to the Wireless

 

 

SB2037- 598 -LRB102 17120 WGH 22551 b

1        Carrier Reimbursement Fund.
2            (C) Until December 31, 2017, $0.007 and on and
3        after January 1, 2018, $0.017 shall be used to cover
4        the Illinois State Police's Department's
5        administrative costs.
6            (D) Beginning January 1, 2018, until June 30,
7        2020, $0.12, and on and after July 1, 2020, $0.04 shall
8        be used to make monthly proportional grants to the
9        appropriate 9-1-1 Authority currently taking wireless
10        9-1-1 based upon the United States Postal Zip Code of
11        the billing addresses of subscribers wireless
12        carriers.
13            (E) Until June 30, 2021, $0.05 shall be used by the
14        Illinois State Police Department for grants for
15        NG9-1-1 expenses, with priority given to 9-1-1
16        Authorities that provide 9-1-1 service within the
17        territory of a Large Electing Provider as defined in
18        Section 13-406.1 of the Public Utilities Act.
19            (F) On and after July 1, 2020, $0.13 shall be used
20        for the implementation of and continuing expenses for
21        the Statewide NG9-1-1 system.
22        (2) After disbursements under paragraph (1) of this
23    subsection (b), all remaining funds in the Statewide 9-1-1
24    Fund shall be disbursed in the following priority order:
25            (A) The Fund shall pay monthly to:
26                (i) the 9-1-1 Authorities that imposed

 

 

SB2037- 599 -LRB102 17120 WGH 22551 b

1            surcharges under Section 15.3 of this Act and were
2            required to report to the Illinois Commerce
3            Commission under Section 27 of the Wireless
4            Emergency Telephone Safety Act on October 1, 2014,
5            except a 9-1-1 Authority in a municipality with a
6            population in excess of 500,000, an amount equal
7            to the average monthly wireline and VoIP surcharge
8            revenue attributable to the most recent 12-month
9            period reported to the Illinois State Police
10            Department under that Section for the October 1,
11            2014 filing, subject to the power of the Illinois
12            State Police Department to investigate the amount
13            reported and adjust the number by order under
14            Article X of the Public Utilities Act, so that the
15            monthly amount paid under this item accurately
16            reflects one-twelfth of the aggregate wireline and
17            VoIP surcharge revenue properly attributable to
18            the most recent 12-month period reported to the
19            Commission; or
20                (ii) county qualified governmental entities
21            that did not impose a surcharge under Section 15.3
22            as of December 31, 2015, and counties that did not
23            impose a surcharge as of June 30, 2015, an amount
24            equivalent to their population multiplied by .37
25            multiplied by the rate of $0.69; counties that are
26            not county qualified governmental entities and

 

 

SB2037- 600 -LRB102 17120 WGH 22551 b

1            that did not impose a surcharge as of December 31,
2            2015, shall not begin to receive the payment
3            provided for in this subsection until E9-1-1 and
4            wireless E9-1-1 services are provided within their
5            counties; or
6                (iii) counties without 9-1-1 service that had
7            a surcharge in place by December 31, 2015, an
8            amount equivalent to their population multiplied
9            by .37 multiplied by their surcharge rate as
10            established by the referendum.
11            (B) All 9-1-1 network costs for systems outside of
12        municipalities with a population of at least 500,000
13        shall be paid by the Illinois State Police Department
14        directly to the vendors.
15            (C) All expenses incurred by the Administrator and
16        the Statewide 9-1-1 Advisory Board and costs
17        associated with procurement under Section 15.6b
18        including requests for information and requests for
19        proposals.
20            (D) Funds may be held in reserve by the Statewide
21        9-1-1 Advisory Board and disbursed by the Illinois
22        State Police Department for grants under Section 15.4b
23        of this Act and for NG9-1-1 expenses up to $12.5
24        million per year in State fiscal years 2016 and 2017;
25        up to $20 million in State fiscal year 2018; up to
26        $20.9 million in State fiscal year 2019; up to $15.3

 

 

SB2037- 601 -LRB102 17120 WGH 22551 b

1        million in State fiscal year 2020; up to $16.2 million
2        in State fiscal year 2021; up to $23.1 million in State
3        fiscal year 2022; and up to $17.0 million per year for
4        State fiscal year 2023 and each year thereafter. The
5        amount held in reserve in State fiscal years 2018 and
6        2019 shall not be less than $6.5 million.
7        Disbursements under this subparagraph (D) shall be
8        prioritized as follows: (i) consolidation grants
9        prioritized under subsection (a) of Section 15.4b of
10        this Act; (ii) NG9-1-1 expenses; and (iii)
11        consolidation grants under Section 15.4b of this Act
12        for consolidation expenses incurred between January 1,
13        2010, and January 1, 2016.
14            (E) All remaining funds per remit month shall be
15        used to make monthly proportional grants to the
16        appropriate 9-1-1 Authority currently taking wireless
17        9-1-1 based upon the United States Postal Zip Code of
18        the billing addresses of subscribers of wireless
19        carriers.
20    (c) The moneys deposited into the Statewide 9-1-1 Fund
21under this Section shall not be subject to administrative
22charges or chargebacks unless otherwise authorized by this
23Act.
24    (d) Whenever two or more 9-1-1 Authorities consolidate,
25the resulting Joint Emergency Telephone System Board shall be
26entitled to the monthly payments that had theretofore been

 

 

SB2037- 602 -LRB102 17120 WGH 22551 b

1made to each consolidating 9-1-1 Authority. Any reserves held
2by any consolidating 9-1-1 Authority shall be transferred to
3the resulting Joint Emergency Telephone System Board. Whenever
4a county that has no 9-1-1 service as of January 1, 2016 enters
5into an agreement to consolidate to create or join a Joint
6Emergency Telephone System Board, the Joint Emergency
7Telephone System Board shall be entitled to the monthly
8payments that would have otherwise been paid to the county if
9it had provided 9-1-1 service.
10(Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
 
11    (50 ILCS 750/40)
12    (Section scheduled to be repealed on December 31, 2021)
13    Sec. 40. Financial reports.
14    (a) The Illinois State Police Department shall create
15uniform accounting procedures, with such modification as may
16be required to give effect to statutory provisions applicable
17only to municipalities with a population in excess of 500,000,
18that any emergency telephone system board, qualified
19governmental entity, or unit of local government receiving
20surcharge money pursuant to Section 15.3, 15.3a, or 30 of this
21Act must follow.
22    (b) By January 31, 2018, and every January 31 thereafter,
23each emergency telephone system board, qualified governmental
24entity, or unit of local government receiving surcharge money
25pursuant to Section 15.3, 15.3a, or 30 shall report to the

 

 

SB2037- 603 -LRB102 17120 WGH 22551 b

1Illinois State Police Department audited financial statements
2showing total revenue and expenditures for the period
3beginning with the end of the period covered by the last
4submitted report through the end of the previous calendar year
5in a form and manner as prescribed by the Illinois State Police
6Department. Such financial information shall include:
7        (1) a detailed summary of revenue from all sources
8    including, but not limited to, local, State, federal, and
9    private revenues, and any other funds received;
10        (2) all expenditures made during the reporting period
11    from distributions under this Act;
12        (3) call data and statistics, when available, from the
13    reporting period, as specified by the Illinois State
14    Police Department and collected in accordance with any
15    reporting method established or required by the Illinois
16    State Police Department;
17        (4) all costs associated with dispatching appropriate
18    public safety agencies to respond to 9-1-1 calls received
19    by the PSAP; and
20        (5) all funding sources and amounts of funding used
21    for costs described in paragraph (4) of this subsection
22    (b).
23    The emergency telephone system board, qualified
24governmental entity, or unit of local government is
25responsible for any costs associated with auditing such
26financial statements. The Illinois State Police Department

 

 

SB2037- 604 -LRB102 17120 WGH 22551 b

1shall post the audited financial statements on the Illinois
2State Police's Department's website.
3    (c) Along with its audited financial statement, each
4emergency telephone system board, qualified governmental
5entity, or unit of local government receiving a grant under
6Section 15.4b of this Act shall include a report of the amount
7of grant moneys received and how the grant moneys were used. In
8case of a conflict between this requirement and the Grant
9Accountability and Transparency Act, or with the rules of the
10Governor's Office of Management and Budget adopted thereunder,
11that Act and those rules shall control.
12    (d) If an emergency telephone system board or qualified
13governmental entity that receives funds from the Statewide
149-1-1 Fund fails to file the 9-1-1 system financial reports as
15required under this Section, the Illinois State Police
16Department shall suspend and withhold monthly disbursements
17otherwise due to the emergency telephone system board or
18qualified governmental entity under Section 30 of this Act
19until the report is filed.
20    Any monthly disbursements that have been withheld for 12
21months or more shall be forfeited by the emergency telephone
22system board or qualified governmental entity and shall be
23distributed proportionally by the Illinois State Police
24Department to compliant emergency telephone system boards and
25qualified governmental entities that receive funds from the
26Statewide 9-1-1 Fund.

 

 

SB2037- 605 -LRB102 17120 WGH 22551 b

1    Any emergency telephone system board or qualified
2governmental entity not in compliance with this Section shall
3be ineligible to receive any consolidation grant or
4infrastructure grant issued under this Act.
5    (e) The Illinois State Police Department may adopt
6emergency rules necessary to implement the provisions of this
7Section.
8    (f) Any findings or decisions of the Illinois State Police
9Department under this Section shall be deemed a final
10administrative decision and shall be subject to judicial
11review under the Administrative Review Law.
12    (g) Beginning October 1, 2017, the Illinois State Police
13Department shall provide a quarterly report to the Board of
14its expenditures from the Statewide 9-1-1 Fund for the prior
15fiscal quarter.
16(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
17    (50 ILCS 750/50)
18    (Section scheduled to be repealed on December 31, 2021)
19    Sec. 50. Fund audits. The Auditor General shall conduct as
20a part of its bi-annual audit, an audit of the Statewide 9-1-1
21Fund and the Wireless Carrier Reimbursement Fund for
22compliance with the requirements of this Act. The audit shall
23include, but not be limited to, the following determinations:
24        (1) Whether detailed records of all receipts and
25    disbursements from the Statewide 9-1-1 Fund and the

 

 

SB2037- 606 -LRB102 17120 WGH 22551 b

1    Wireless Carrier Reimbursement Fund are being maintained.
2        (2) Whether administrative costs charged to the funds
3    are adequately documented and are reasonable.
4        (3) Whether the procedures for making disbursements
5    and grants and providing reimbursements in accordance with
6    the Act are adequate.
7        (4) The status of the implementation of statewide
8    9-1-1 service and Next Generation 9-1-1 service in
9    Illinois.
10    The Illinois Commerce Commission, the Illinois Department
11of State Police, and any other entity or person that may have
12information relevant to the audit shall cooperate fully and
13promptly with the Office of the Auditor General in conducting
14the audit. The Auditor General shall commence the audit as
15soon as possible and distribute the report upon completion in
16accordance with Section 3-14 of the Illinois State Auditing
17Act.
18(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
19    (50 ILCS 750/55)
20    (Section scheduled to be repealed on December 31, 2021)
21    Sec. 55. Public disclosure. Because of the highly
22competitive nature of the telephone industry, public
23disclosure of information about surcharge moneys paid by
24carriers could have the effect of stifling competition to the
25detriment of the public and the delivery of 9-1-1 services.

 

 

SB2037- 607 -LRB102 17120 WGH 22551 b

1Therefore, the Illinois Commerce Commission, the Illinois
2Department of State Police, governmental agencies, and
3individuals with access to that information shall take
4appropriate steps to prevent public disclosure of this
5information. Information and data supporting the amount and
6distribution of surcharge moneys collected and remitted by an
7individual carrier shall be deemed exempt information for
8purposes of the Freedom of Information Act and shall not be
9publicly disclosed. The gross amount paid by all carriers
10shall not be deemed exempt and may be publicly disclosed.
11(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
12    (50 ILCS 750/75)
13    (Section scheduled to be repealed on December 31, 2021)
14    Sec. 75. Transfer of rights, functions, powers, duties,
15and property to Illinois Department of State Police; rules and
16standards; savings provisions.
17    (a) On January 1, 2016, the rights, functions, powers, and
18duties of the Illinois Commerce Commission as set forth in
19this Act and the Wireless Emergency Telephone Safety Act
20existing prior to January 1, 2016, are transferred to and
21shall be exercised by the Illinois Department of State Police.
22On or before January 1, 2016, the Commission shall transfer
23and deliver to the Illinois State Police Department all books,
24records, documents, property (real and personal), unexpended
25appropriations, and pending business pertaining to the rights,

 

 

SB2037- 608 -LRB102 17120 WGH 22551 b

1powers, duties, and functions transferred to the Illinois
2State Police Department under Public Act 99-6.
3    (b) The rules and standards of the Commission that are in
4effect on January 1, 2016 and that pertain to the rights,
5powers, duties, and functions transferred to the Illinois
6State Police Department under Public Act 99-6 shall become the
7rules and standards of the Illinois State Police Department on
8January 1, 2016, and shall continue in effect until amended or
9repealed by the Illinois State Police Department.
10    Any rules pertaining to the rights, powers, duties, and
11functions transferred to the Illinois State Police Department
12under Public Act 99-6 that have been proposed by the
13Commission but have not taken effect or been finally adopted
14by January 1, 2016, shall become proposed rules of the
15Illinois State Police Department on January 1, 2016, and any
16rulemaking procedures that have already been completed by the
17Commission for those proposed rules need not be repealed.
18    As soon as it is practical after January 1, 2016, the
19Illinois State Police Department shall revise and clarify the
20rules transferred to it under Public Act 99-6 to reflect the
21transfer of rights, powers, duties, and functions effected by
22Public Act 99-6 using the procedures for recodification of
23rules available under the Illinois Administrative Procedure
24Act, except that existing title, part, and section numbering
25for the affected rules may be retained. The Illinois State
26Police Department may propose and adopt under the Illinois

 

 

SB2037- 609 -LRB102 17120 WGH 22551 b

1Administrative Procedure Act any other rules necessary to
2consolidate and clarify those rules.
3    (c) The rights, powers, duties, and functions transferred
4to the Illinois State Police Department by Public Act 99-6
5shall be vested in and exercised by the Illinois State Police
6Department subject to the provisions of this Act and the
7Wireless Emergency Telephone Safety Act. An act done by the
8Illinois State Police Department or an officer, employee, or
9agent of the Illinois State Police Department in the exercise
10of the transferred rights, powers, duties, and functions shall
11have the same legal effect as if done by the Commission or an
12officer, employee, or agent of the Commission.
13    The transfer of rights, powers, duties, and functions to
14the Illinois State Police Department under Public Act 99-6
15does not invalidate any previous action taken by or in respect
16to the Commission, its officers, employees, or agents.
17References to the Commission or its officers, employees, or
18agents in any document, contract, agreement, or law shall, in
19appropriate contexts, be deemed to refer to the Illinois State
20Police Department or its officers, employees, or agents.
21    The transfer of rights, powers, duties, and functions to
22the Illinois State Police Department under Public Act 99-6
23does not affect any person's rights, obligations, or duties,
24including any civil or criminal penalties applicable thereto,
25arising out of those transferred rights, powers, duties, and
26functions.

 

 

SB2037- 610 -LRB102 17120 WGH 22551 b

1    Public Act 99-6 does not affect any act done, ratified, or
2cancelled, any right occurring or established, or any action
3or proceeding commenced in an administrative, civil, or
4criminal case before January 1, 2016. Any such action or
5proceeding that pertains to a right, power, duty, or function
6transferred to the Illinois State Police Department under
7Public Act 99-6 that is pending on that date may be prosecuted,
8defended, or continued by the Commission.
9    For the purposes of Section 9b of the State Finance Act,
10the Illinois State Police Department is the successor to the
11Commission with respect to the rights, duties, powers, and
12functions transferred by Public Act 99-6.
13    (d) The Illinois State Police Department is authorized to
14enter into an intergovernmental agreement with the Commission
15for the purpose of having the Commission assist the Illinois
16State Police Department and the Statewide 9-1-1 Administrator
17in carrying out their duties and functions under this Act. The
18agreement may provide for funding for the Commission for its
19assistance to the Illinois State Police Department and the
20Statewide 9-1-1 Administrator.
21(Source: P.A. 99-6, eff. 6-29-15; 99-642, eff. 7-28-16;
22100-20, eff. 7-1-17.)
 
23    (50 ILCS 750/80)
24    (Section scheduled to be repealed on December 31, 2021)
25    Sec. 80. Continuation of Act; validation.

 

 

SB2037- 611 -LRB102 17120 WGH 22551 b

1    (a) The General Assembly finds and declares that this
2amendatory Act of the 100th General Assembly manifests the
3intention of the General Assembly to extend the repeal of this
4Act and have this Act continue in effect until December 31,
52020.
6    (b) This Section shall be deemed to have been in
7continuous effect since July 1, 2017 and it shall continue to
8be in effect henceforward until it is otherwise lawfully
9repealed. All previously enacted amendments to this Act taking
10effect on or after July 1, 2017, are hereby validated. All
11actions taken in reliance on or under this Act by the Illinois
12Department of State Police or any other person or entity are
13hereby validated.
14    (c) In order to ensure the continuing effectiveness of
15this Act, it is set forth in full and reenacted by this
16amendatory Act of the 100th General Assembly. Striking and
17underscoring are used only to show changes being made to the
18base text. This reenactment is intended as a continuation of
19this Act. It is not intended to supersede any amendment to this
20Act that is enacted by the 100th General Assembly.
21(Source: P.A. 100-20, eff. 7-1-17.)
 
22    Section 425. The Prepaid Wireless 9-1-1 Surcharge Act is
23amended by changing Section 20 as follows:
 
24    (50 ILCS 753/20)

 

 

SB2037- 612 -LRB102 17120 WGH 22551 b

1    Sec. 20. Administration of prepaid wireless 9-1-1
2surcharge.
3    (a) In the administration and enforcement of this Act, the
4provisions of Sections 2a, 2b, 2c, 3, 4, 5, 5a, 5b, 5c, 5d, 5e,
55f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, and 12 of the
6Retailers' Occupation Tax Act that are not inconsistent with
7this Act, and Section 3-7 of the Uniform Penalty and Interest
8Act shall apply, as far as practicable, to the subject matter
9of this Act to the same extent as if those provisions were
10included in this Act. References to "taxes" in these
11incorporated Sections shall be construed to apply to the
12administration, payment, and remittance of all surcharges
13under this Act. The Department shall establish registration
14and payment procedures that substantially coincide with the
15registration and payment procedures that apply to the
16Retailers' Occupation Tax Act.
17    (b) A seller shall be permitted to deduct and retain 3% of
18prepaid wireless 9-1-1 surcharges that are collected by the
19seller from consumers and that are remitted and timely filed
20with the Department. Beginning January 1, 2018, the seller is
21allowed to deduct and retain a portion of the prepaid wireless
229-1-1 surcharges as authorized by this subsection only if the
23return is filed electronically as provided in Section 3 of the
24Retailers' Occupation Tax Act. Sellers who demonstrate that
25they do not have access to the Internet or demonstrate
26hardship in filing electronically may petition the Department

 

 

SB2037- 613 -LRB102 17120 WGH 22551 b

1to waive the electronic filing requirement.
2    (c) Other than the amounts for deposit into the Municipal
3Wireless Service Emergency Fund, the Department shall pay to
4the State Treasurer all prepaid wireless E911 charges,
5penalties, and interest collected under this Act for deposit
6into the Statewide 9-1-1 Fund. On or before the 25th day of
7each calendar month, the Department shall prepare and certify
8to the Comptroller the amount available to the Illinois
9Department of State Police for distribution out of the
10Statewide 9-1-1 Fund. The amount certified shall be the amount
11(not including credit memoranda) collected during the second
12preceding calendar month by the Department plus an amount the
13Department determines is necessary to offset any amounts which
14were erroneously paid to a different taxing body. The amount
15paid to the Statewide 9-1-1 Fund shall not include any amount
16equal to the amount of refunds made during the second
17preceding calendar month by the Department of Revenue to
18retailers under this Act or any amount that the Department
19determines is necessary to offset any amounts which were
20payable to a different taxing body but were erroneously paid
21to the Statewide 9-1-1 Fund. The Illinois Department of State
22Police shall distribute the funds in accordance with Section
2330 of the Emergency Telephone Safety Act. The Department may
24deduct an amount, not to exceed 2% of remitted charges, to be
25transferred into the Tax Compliance and Administration Fund to
26reimburse the Department for its direct costs of administering

 

 

SB2037- 614 -LRB102 17120 WGH 22551 b

1the collection and remittance of prepaid wireless 9-1-1
2surcharges.
3    (d) The Department shall administer the collection of all
49-1-1 surcharges and may adopt and enforce reasonable rules
5relating to the administration and enforcement of the
6provisions of this Act as may be deemed expedient. The
7Department shall require all surcharges collected under this
8Act to be reported on existing forms or combined forms,
9including, but not limited to, Form ST-1. Any overpayments
10received by the Department for liabilities reported on
11existing or combined returns shall be applied as an
12overpayment of retailers' occupation tax, use tax, service
13occupation tax, or service use tax liability.
14    (e) If a home rule municipality having a population in
15excess of 500,000 as of the effective date of this amendatory
16Act of the 97th General Assembly imposes an E911 surcharge
17under subsection (a-5) of Section 15 of this Act, then the
18Department shall pay to the State Treasurer all prepaid
19wireless E911 charges, penalties, and interest collected for
20deposit into the Municipal Wireless Service Emergency Fund.
21All deposits into the Municipal Wireless Service Emergency
22Fund shall be held by the State Treasurer as ex officio
23custodian apart from all public moneys or funds of this State.
24Any interest attributable to moneys in the Fund must be
25deposited into the Fund. Moneys in the Municipal Wireless
26Service Emergency Fund are not subject to appropriation. On or

 

 

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1before the 25th day of each calendar month, the Department
2shall prepare and certify to the Comptroller the amount
3available for disbursement to the home rule municipality out
4of the Municipal Wireless Service Emergency Fund. The amount
5to be paid to the Municipal Wireless Service Emergency Fund
6shall be the amount (not including credit memoranda) collected
7during the second preceding calendar month by the Department
8plus an amount the Department determines is necessary to
9offset any amounts which were erroneously paid to a different
10taxing body. The amount paid to the Municipal Wireless Service
11Emergency Fund shall not include any amount equal to the
12amount of refunds made during the second preceding calendar
13month by the Department to retailers under this Act or any
14amount that the Department determines is necessary to offset
15any amounts which were payable to a different taxing body but
16were erroneously paid to the Municipal Wireless Service
17Emergency Fund. Within 10 days after receipt by the
18Comptroller of the certification provided for in this
19subsection, the Comptroller shall cause the orders to be drawn
20for the respective amounts in accordance with the directions
21in the certification. The Department may deduct an amount, not
22to exceed 2% of remitted charges, to be transferred into the
23Tax Compliance and Administration Fund to reimburse the
24Department for its direct costs of administering the
25collection and remittance of prepaid wireless 9-1-1
26surcharges.

 

 

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1(Source: P.A. 99-6, eff. 1-1-16; 100-303, eff. 8-24-17.)
 
2    Section 430. The Counties Code is amended by changing
3Section 3-3013 as follows:
 
4    (55 ILCS 5/3-3013)  (from Ch. 34, par. 3-3013)
5    Sec. 3-3013. Preliminary investigations; blood and urine
6analysis; summoning jury; reports. Every coroner, whenever,
7as soon as he knows or is informed that the dead body of any
8person is found, or lying within his county, whose death is
9suspected of being:
10        (a) A sudden or violent death, whether apparently
11    suicidal, homicidal or accidental, including but not
12    limited to deaths apparently caused or contributed to by
13    thermal, traumatic, chemical, electrical or radiational
14    injury, or a complication of any of them, or by drowning or
15    suffocation, or as a result of domestic violence as
16    defined in the Illinois Domestic Violence Act of 1986;
17        (b) A death due to a sex crime;
18        (c) A death where the circumstances are suspicious,
19    obscure, mysterious or otherwise unexplained or where, in
20    the written opinion of the attending physician, the cause
21    of death is not determined;
22        (d) A death where addiction to alcohol or to any drug
23    may have been a contributory cause; or
24        (e) A death where the decedent was not attended by a

 

 

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1    licensed physician;
2shall go to the place where the dead body is, and take charge
3of the same and shall make a preliminary investigation into
4the circumstances of the death. In the case of death without
5attendance by a licensed physician the body may be moved with
6the coroner's consent from the place of death to a mortuary in
7the same county. Coroners in their discretion shall notify
8such physician as is designated in accordance with Section
93-3014 to attempt to ascertain the cause of death, either by
10autopsy or otherwise.
11    In cases of accidental death involving a motor vehicle in
12which the decedent was (1) the operator or a suspected
13operator of a motor vehicle, or (2) a pedestrian 16 years of
14age or older, the coroner shall require that a blood specimen
15of at least 30 cc., and if medically possible a urine specimen
16of at least 30 cc. or as much as possible up to 30 cc., be
17withdrawn from the body of the decedent in a timely fashion
18after the accident causing his death, by such physician as has
19been designated in accordance with Section 3-3014, or by the
20coroner or deputy coroner or a qualified person designated by
21such physician, coroner, or deputy coroner. If the county does
22not maintain laboratory facilities for making such analysis,
23the blood and urine so drawn shall be sent to the Illinois
24Department of State Police or any other accredited or
25State-certified laboratory for analysis of the alcohol, carbon
26monoxide, and dangerous or narcotic drug content of such blood

 

 

SB2037- 618 -LRB102 17120 WGH 22551 b

1and urine specimens. Each specimen submitted shall be
2accompanied by pertinent information concerning the decedent
3upon a form prescribed by such laboratory. Any person drawing
4blood and urine and any person making any examination of the
5blood and urine under the terms of this Division shall be
6immune from all liability, civil or criminal, that might
7otherwise be incurred or imposed.
8    In all other cases coming within the jurisdiction of the
9coroner and referred to in subparagraphs (a) through (e)
10above, blood, and whenever possible, urine samples shall be
11analyzed for the presence of alcohol and other drugs. When the
12coroner suspects that drugs may have been involved in the
13death, either directly or indirectly, a toxicological
14examination shall be performed which may include analyses of
15blood, urine, bile, gastric contents and other tissues. When
16the coroner suspects a death is due to toxic substances, other
17than drugs, the coroner shall consult with the toxicologist
18prior to collection of samples. Information submitted to the
19toxicologist shall include information as to height, weight,
20age, sex and race of the decedent as well as medical history,
21medications used by and the manner of death of decedent.
22    When the coroner or medical examiner finds that the cause
23of death is due to homicidal means, the coroner or medical
24examiner shall cause blood and buccal specimens (tissue may be
25submitted if no uncontaminated blood or buccal specimen can be
26obtained), whenever possible, to be withdrawn from the body of

 

 

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1the decedent in a timely fashion. For proper preservation of
2the specimens, collected blood and buccal specimens shall be
3dried and tissue specimens shall be frozen if available
4equipment exists. As soon as possible, but no later than 30
5days after the collection of the specimens, the coroner or
6medical examiner shall release those specimens to the police
7agency responsible for investigating the death. As soon as
8possible, but no later than 30 days after the receipt from the
9coroner or medical examiner, the police agency shall submit
10the specimens using the agency case number to a National DNA
11Index System (NDIS) participating laboratory within this
12State, such as the Illinois Department of State Police,
13Division of Forensic Services, for analysis and categorizing
14into genetic marker groupings. The results of the analysis and
15categorizing into genetic marker groupings shall be provided
16to the Illinois Department of State Police and shall be
17maintained by the Illinois Department of State Police in the
18State central repository in the same manner, and subject to
19the same conditions, as provided in Section 5-4-3 of the
20Unified Code of Corrections. The requirements of this
21paragraph are in addition to any other findings, specimens, or
22information that the coroner or medical examiner is required
23to provide during the conduct of a criminal investigation.
24    In all counties, in cases of apparent suicide, homicide,
25or accidental death or in other cases, within the discretion
26of the coroner, the coroner may summon 8 persons of lawful age

 

 

SB2037- 620 -LRB102 17120 WGH 22551 b

1from those persons drawn for petit jurors in the county. The
2summons shall command these persons to present themselves
3personally at such a place and time as the coroner shall
4determine, and may be in any form which the coroner shall
5determine and may incorporate any reasonable form of request
6for acknowledgment acknowledgement which the coroner deems
7practical and provides a reliable proof of service. The
8summons may be served by first class mail. From the 8 persons
9so summoned, the coroner shall select 6 to serve as the jury
10for the inquest. Inquests may be continued from time to time,
11as the coroner may deem necessary. The 6 jurors selected in a
12given case may view the body of the deceased. If at any
13continuation of an inquest one or more of the original jurors
14shall be unable to continue to serve, the coroner shall fill
15the vacancy or vacancies. A juror serving pursuant to this
16paragraph shall receive compensation from the county at the
17same rate as the rate of compensation that is paid to petit or
18grand jurors in the county. The coroner shall furnish to each
19juror without fee at the time of his discharge a certificate of
20the number of days in attendance at an inquest, and, upon being
21presented with such certificate, the county treasurer shall
22pay to the juror the sum provided for his services.
23    In counties which have a jury commission, in cases of
24apparent suicide or homicide or of accidental death, the
25coroner may conduct an inquest. The jury commission shall
26provide at least 8 jurors to the coroner, from whom the coroner

 

 

SB2037- 621 -LRB102 17120 WGH 22551 b

1shall select any 6 to serve as the jury for the inquest.
2Inquests may be continued from time to time as the coroner may
3deem necessary. The 6 jurors originally chosen in a given case
4may view the body of the deceased. If at any continuation of an
5inquest one or more of the 6 jurors originally chosen shall be
6unable to continue to serve, the coroner shall fill the
7vacancy or vacancies. At the coroner's discretion, additional
8jurors to fill such vacancies shall be supplied by the jury
9commission. A juror serving pursuant to this paragraph in such
10county shall receive compensation from the county at the same
11rate as the rate of compensation that is paid to petit or grand
12jurors in the county.
13    In every case in which a fire is determined to be a
14contributing factor in a death, the coroner shall report the
15death to the Office of the State Fire Marshal. The coroner
16shall provide a copy of the death certificate (i) within 30
17days after filing the permanent death certificate and (ii) in
18a manner that is agreed upon by the coroner and the State Fire
19Marshal.
20    In every case in which a drug overdose is determined to be
21the cause or a contributing factor in the death, the coroner or
22medical examiner shall report the death to the Department of
23Public Health. The Department of Public Health shall adopt
24rules regarding specific information that must be reported in
25the event of such a death. If possible, the coroner shall
26report the cause of the overdose. As used in this Section,

 

 

SB2037- 622 -LRB102 17120 WGH 22551 b

1"overdose" has the same meaning as it does in Section 414 of
2the Illinois Controlled Substances Act. The Department of
3Public Health shall issue a semiannual report to the General
4Assembly summarizing the reports received. The Department
5shall also provide on its website a monthly report of overdose
6death figures organized by location, age, and any other
7factors, the Department deems appropriate.
8    In addition, in every case in which domestic violence is
9determined to be a contributing factor in a death, the coroner
10shall report the death to the Illinois Department of State
11Police.
12    All deaths in State institutions and all deaths of wards
13of the State or youth in care as defined in Section 4d of the
14Children and Family Services Act in private care facilities or
15in programs funded by the Department of Human Services under
16its powers relating to mental health and developmental
17disabilities or alcoholism and substance abuse or funded by
18the Department of Children and Family Services shall be
19reported to the coroner of the county in which the facility is
20located. If the coroner has reason to believe that an
21investigation is needed to determine whether the death was
22caused by maltreatment or negligent care of the ward of the
23State or youth in care as defined in Section 4d of the Children
24and Family Services Act, the coroner may conduct a preliminary
25investigation of the circumstances of such death as in cases
26of death under circumstances set forth in paragraphs (a)

 

 

SB2037- 623 -LRB102 17120 WGH 22551 b

1through (e) of this Section.
2(Source: P.A. 100-159, eff. 8-18-17; 101-13, eff. 6-12-19.)
 
3    Section 435. The Illinois Municipal Code is amended by
4changing Sections 10-1-7.1, 10-2.1-6, 10-2.1-6.1, 10-2.1-6.2,
510-2.1-6.3, and 11-32-1 as follows:
 
6    (65 ILCS 5/10-1-7.1)
7    Sec. 10-1-7.1. Original appointments; full-time fire
8department.
9    (a) Applicability. Unless a commission elects to follow
10the provisions of Section 10-1-7.2, this Section shall apply
11to all original appointments to an affected full-time fire
12department. Existing registers of eligibles shall continue to
13be valid until their expiration dates, or up to a maximum of 2
14years after August 4, 2011 (the effective date of Public Act
1597-251) this amendatory Act of the 97th General Assembly.
16    Notwithstanding any statute, ordinance, rule, or other law
17to the contrary, all original appointments to an affected
18department to which this Section applies shall be administered
19in the manner provided for in this Section. Provisions of the
20Illinois Municipal Code, municipal ordinances, and rules
21adopted pursuant to such authority and other laws relating to
22initial hiring of firefighters in affected departments shall
23continue to apply to the extent they are compatible with this
24Section, but in the event of a conflict between this Section

 

 

SB2037- 624 -LRB102 17120 WGH 22551 b

1and any other law, this Section shall control.
2    A home rule or non-home rule municipality may not
3administer its fire department process for original
4appointments in a manner that is less stringent than this
5Section. This Section is a limitation under subsection (i) of
6Section 6 of Article VII of the Illinois Constitution on the
7concurrent exercise by home rule units of the powers and
8functions exercised by the State.
9    A municipality that is operating under a court order or
10consent decree regarding original appointments to a full-time
11fire department before August 4, 2011 (the effective date of
12Public Act 97-251) this amendatory Act of the 97th General
13Assembly is exempt from the requirements of this Section for
14the duration of the court order or consent decree.
15    Notwithstanding any other provision of this subsection
16(a), this Section does not apply to a municipality with more
17than 1,000,000 inhabitants.
18    (b) Original appointments. All original appointments made
19to an affected fire department shall be made from a register of
20eligibles established in accordance with the processes
21established by this Section. Only persons who meet or exceed
22the performance standards required by this Section shall be
23placed on a register of eligibles for original appointment to
24an affected fire department.
25    Whenever an appointing authority authorizes action to hire
26a person to perform the duties of a firefighter or to hire a

 

 

SB2037- 625 -LRB102 17120 WGH 22551 b

1firefighter-paramedic to fill a position that is a new
2position or vacancy due to resignation, discharge, promotion,
3death, the granting of a disability or retirement pension, or
4any other cause, the appointing authority shall appoint to
5that position the person with the highest ranking on the final
6eligibility list. If the appointing authority has reason to
7conclude that the highest ranked person fails to meet the
8minimum standards for the position or if the appointing
9authority believes an alternate candidate would better serve
10the needs of the department, then the appointing authority has
11the right to pass over the highest ranked person and appoint
12either: (i) any person who has a ranking in the top 5% of the
13register of eligibles or (ii) any person who is among the top 5
14highest ranked persons on the list of eligibles if the number
15of people who have a ranking in the top 5% of the register of
16eligibles is less than 5 people.
17    Any candidate may pass on an appointment once without
18losing his or her position on the register of eligibles. Any
19candidate who passes a second time may be removed from the list
20by the appointing authority provided that such action shall
21not prejudice a person's opportunities to participate in
22future examinations, including an examination held during the
23time a candidate is already on the municipality's register of
24eligibles.
25    The sole authority to issue certificates of appointment
26shall be vested in the Civil Service Commission. All

 

 

SB2037- 626 -LRB102 17120 WGH 22551 b

1certificates of appointment issued to any officer or member of
2an affected department shall be signed by the chairperson and
3secretary, respectively, of the commission upon appointment of
4such officer or member to the affected department by the
5commission. After being selected from the register of
6eligibles to fill a vacancy in the affected department, each
7appointee shall be presented with his or her certificate of
8appointment on the day on which he or she is sworn in as a
9classified member of the affected department. Firefighters who
10were not issued a certificate of appointment when originally
11appointed shall be provided with a certificate within 10 days
12after making a written request to the chairperson of the Civil
13Service Commission. Each person who accepts a certificate of
14appointment and successfully completes his or her probationary
15period shall be enrolled as a firefighter and as a regular
16member of the fire department.
17    For the purposes of this Section, "firefighter" means any
18person who has been prior to, on, or after August 4, 2011 (the
19effective date of Public Act 97-251) this amendatory Act of
20the 97th General Assembly appointed to a fire department or
21fire protection district or employed by a State university and
22sworn or commissioned to perform firefighter duties or
23paramedic duties, or both, except that the following persons
24are not included: part-time firefighters; auxiliary, reserve,
25or voluntary firefighters, including paid-on-call
26firefighters; clerks and dispatchers or other civilian

 

 

SB2037- 627 -LRB102 17120 WGH 22551 b

1employees of a fire department or fire protection district who
2are not routinely expected to perform firefighter duties; and
3elected officials.
4    (c) Qualification for placement on register of eligibles.
5The purpose of establishing a register of eligibles is to
6identify applicants who possess and demonstrate the mental
7aptitude and physical ability to perform the duties required
8of members of the fire department in order to provide the
9highest quality of service to the public. To this end, all
10applicants for original appointment to an affected fire
11department shall be subject to examination and testing which
12shall be public, competitive, and open to all applicants
13unless the municipality shall by ordinance limit applicants to
14residents of the municipality, county or counties in which the
15municipality is located, State, or nation. Any examination and
16testing procedure utilized under subsection (e) of this
17Section shall be supported by appropriate validation evidence
18and shall comply with all applicable State and federal laws.
19Municipalities may establish educational, emergency medical
20service licensure, and other prerequisites prerequites for
21participation in an examination or for hire as a firefighter.
22Any municipality may charge a fee to cover the costs of the
23application process.
24    Residency requirements in effect at the time an individual
25enters the fire service of a municipality cannot be made more
26restrictive for that individual during his or her period of

 

 

SB2037- 628 -LRB102 17120 WGH 22551 b

1service for that municipality, or be made a condition of
2promotion, except for the rank or position of fire chief and
3for no more than 2 positions that rank immediately below that
4of the chief rank which are appointed positions pursuant to
5the Fire Department Promotion Act.
6    No person who is 35 years of age or older shall be eligible
7to take an examination for a position as a firefighter unless
8the person has had previous employment status as a firefighter
9in the regularly constituted fire department of the
10municipality, except as provided in this Section. The age
11limitation does not apply to:
12        (1) any person previously employed as a full-time
13    firefighter in a regularly constituted fire department of
14    (i) any municipality or fire protection district located
15    in Illinois, (ii) a fire protection district whose
16    obligations were assumed by a municipality under Section
17    21 of the Fire Protection District Act, or (iii) a
18    municipality whose obligations were taken over by a fire
19    protection district,
20        (2) any person who has served a municipality as a
21    regularly enrolled volunteer, paid-on-call, or part-time
22    firefighter for the 5 years immediately preceding the time
23    that the municipality begins to use full-time firefighters
24    to provide all or part of its fire protection service, or
25        (3) any person who turned 35 while serving as a member
26    of the active or reserve components of any of the branches

 

 

SB2037- 629 -LRB102 17120 WGH 22551 b

1    of the Armed Forces of the United States or the National
2    Guard of any state, whose service was characterized as
3    honorable or under honorable, if separated from the
4    military, and is currently under the age of 40.
5    No person who is under 21 years of age shall be eligible
6for employment as a firefighter.
7    No applicant shall be examined concerning his or her
8political or religious opinions or affiliations. The
9examinations shall be conducted by the commissioners of the
10municipality or their designees and agents.
11    No municipality shall require that any firefighter
12appointed to the lowest rank serve a probationary employment
13period of longer than one year of actual active employment,
14which may exclude periods of training, or injury or illness
15leaves, including duty related leave, in excess of 30 calendar
16days. Notwithstanding anything to the contrary in this
17Section, the probationary employment period limitation may be
18extended for a firefighter who is required, as a condition of
19employment, to be a licensed paramedic, during which time the
20sole reason that a firefighter may be discharged without a
21hearing is for failing to meet the requirements for paramedic
22licensure.
23    In the event that any applicant who has been found
24eligible for appointment and whose name has been placed upon
25the final eligibility register provided for in this Division 1
26has not been appointed to a firefighter position within one

 

 

SB2037- 630 -LRB102 17120 WGH 22551 b

1year after the date of his or her physical ability
2examination, the commission may cause a second examination to
3be made of that applicant's physical ability prior to his or
4her appointment. If, after the second examination, the
5physical ability of the applicant shall be found to be less
6than the minimum standard fixed by the rules of the
7commission, the applicant shall not be appointed. The
8applicant's name may be retained upon the register of
9candidates eligible for appointment and when next reached for
10certification and appointment that applicant may be again
11examined as provided in this Section, and if the physical
12ability of that applicant is found to be less than the minimum
13standard fixed by the rules of the commission, the applicant
14shall not be appointed, and the name of the applicant shall be
15removed from the register.
16    (d) Notice, examination, and testing components. Notice of
17the time, place, general scope, merit criteria for any
18subjective component, and fee of every examination shall be
19given by the commission, by a publication at least 2 weeks
20preceding the examination: (i) in one or more newspapers
21published in the municipality, or if no newspaper is published
22therein, then in one or more newspapers with a general
23circulation within the municipality, or (ii) on the
24municipality's Internet website. Additional notice of the
25examination may be given as the commission shall prescribe.
26    The examination and qualifying standards for employment of

 

 

SB2037- 631 -LRB102 17120 WGH 22551 b

1firefighters shall be based on: mental aptitude, physical
2ability, preferences, moral character, and health. The mental
3aptitude, physical ability, and preference components shall
4determine an applicant's qualification for and placement on
5the final register of eligibles. The examination may also
6include a subjective component based on merit criteria as
7determined by the commission. Scores from the examination must
8be made available to the public.
9    (e) Mental aptitude. No person who does not possess at
10least a high school diploma or an equivalent high school
11education shall be placed on a register of eligibles.
12Examination of an applicant's mental aptitude shall be based
13upon a written examination. The examination shall be practical
14in character and relate to those matters that fairly test the
15capacity of the persons examined to discharge the duties
16performed by members of a fire department. Written
17examinations shall be administered in a manner that ensures
18the security and accuracy of the scores achieved.
19    (f) Physical ability. All candidates shall be required to
20undergo an examination of their physical ability to perform
21the essential functions included in the duties they may be
22called upon to perform as a member of a fire department. For
23the purposes of this Section, essential functions of the job
24are functions associated with duties that a firefighter may be
25called upon to perform in response to emergency calls. The
26frequency of the occurrence of those duties as part of the fire

 

 

SB2037- 632 -LRB102 17120 WGH 22551 b

1department's regular routine shall not be a controlling factor
2in the design of examination criteria or evolutions selected
3for testing. These physical examinations shall be open,
4competitive, and based on industry standards designed to test
5each applicant's physical abilities in the following
6dimensions:
7        (1) Muscular strength to perform tasks and evolutions
8    that may be required in the performance of duties
9    including grip strength, leg strength, and arm strength.
10    Tests shall be conducted under anaerobic as well as
11    aerobic conditions to test both the candidate's speed and
12    endurance in performing tasks and evolutions. Tasks tested
13    may be based on standards developed, or approved, by the
14    local appointing authority.
15        (2) The ability to climb ladders, operate from
16    heights, walk or crawl in the dark along narrow and uneven
17    surfaces, and operate in proximity to hazardous
18    environments.
19        (3) The ability to carry out critical, time-sensitive,
20    and complex problem solving during physical exertion in
21    stressful and hazardous environments. The testing
22    environment may be hot and dark with tightly enclosed
23    spaces, flashing lights, sirens, and other distractions.
24    The tests utilized to measure each applicant's
25capabilities in each of these dimensions may be tests based on
26industry standards currently in use or equivalent tests

 

 

SB2037- 633 -LRB102 17120 WGH 22551 b

1approved by the Joint Labor-Management Committee of the Office
2of the State Fire Marshal.
3    Physical ability examinations administered under this
4Section shall be conducted with a reasonable number of
5proctors and monitors, open to the public, and subject to
6reasonable regulations of the commission.
7    (g) Scoring of examination components. Appointing
8authorities may create a preliminary eligibility register. A
9person shall be placed on the list based upon his or her
10passage of the written examination or the passage of the
11written examination and the physical ability component.
12Passage of the written examination means attaining the minimum
13score set by the commission. Minimum scores should be set by
14the commission so as to demonstrate a candidate's ability to
15perform the essential functions of the job. The minimum score
16set by the commission shall be supported by appropriate
17validation evidence and shall comply with all applicable State
18and federal laws. The appointing authority may conduct the
19physical ability component and any subjective components
20subsequent to the posting of the preliminary eligibility
21register.
22    The examination components for an initial eligibility
23register shall be graded on a 100-point scale. A person's
24position on the list shall be determined by the following: (i)
25the person's score on the written examination, (ii) the person
26successfully passing the physical ability component, and (iii)

 

 

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1the person's results on any subjective component as described
2in subsection (d).
3    In order to qualify for placement on the final eligibility
4register, an applicant's score on the written examination,
5before any applicable preference points or subjective points
6are applied, shall be at or above the minimum score set by the
7commission. The local appointing authority may prescribe the
8score to qualify for placement on the final eligibility
9register, but the score shall not be less than the minimum
10score set by the commission.
11    The commission shall prepare and keep a register of
12persons whose total score is not less than the minimum score
13for passage and who have passed the physical ability
14examination. These persons shall take rank upon the register
15as candidates in the order of their relative excellence based
16on the highest to the lowest total points scored on the mental
17aptitude, subjective component, and preference components of
18the test administered in accordance with this Section. No more
19than 60 days after each examination, an initial eligibility
20list shall be posted by the commission. The list shall include
21the final grades of the candidates without reference to
22priority of the time of examination and subject to claim for
23preference credit.
24    Commissions may conduct additional examinations, including
25without limitation a polygraph test, after a final eligibility
26register is established and before it expires with the

 

 

SB2037- 635 -LRB102 17120 WGH 22551 b

1candidates ranked by total score without regard to date of
2examination. No more than 60 days after each examination, an
3initial eligibility list shall be posted by the commission
4showing the final grades of the candidates without reference
5to priority of time of examination and subject to claim for
6preference credit.
7    (h) Preferences. The following are preferences:
8        (1) Veteran preference. Persons who were engaged in
9    the military service of the United States for a period of
10    at least one year of active duty and who were honorably
11    discharged therefrom, or who are now or have been members
12    on inactive or reserve duty in such military or naval
13    service, shall be preferred for appointment to and
14    employment with the fire department of an affected
15    department.
16        (2) Fire cadet preference. Persons who have
17    successfully completed 2 years of study in fire techniques
18    or cadet training within a cadet program established under
19    the rules of the Joint Labor and Management Committee
20    (JLMC), as defined in Section 50 of the Fire Department
21    Promotion Act, may be preferred for appointment to and
22    employment with the fire department.
23        (3) Educational preference. Persons who have
24    successfully obtained an associate's degree in the field
25    of fire service or emergency medical services, or a
26    bachelor's degree from an accredited college or university

 

 

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1    may be preferred for appointment to and employment with
2    the fire department.
3        (4) Paramedic preference. Persons who have obtained a
4    license as a paramedic may be preferred for appointment to
5    and employment with the fire department of an affected
6    department providing emergency medical services.
7        (5) Experience preference. All persons employed by a
8    municipality who have been paid-on-call or part-time
9    certified Firefighter II, certified Firefighter III, State
10    of Illinois or nationally licensed EMT, EMT-I, A-EMT, or
11    paramedic, or any combination of those capacities may be
12    awarded up to a maximum of 5 points. However, the
13    applicant may not be awarded more than 0.5 points for each
14    complete year of paid-on-call or part-time service.
15    Applicants from outside the municipality who were employed
16    as full-time firefighters or firefighter-paramedics by a
17    fire protection district or another municipality may be
18    awarded up to 5 experience preference points. However, the
19    applicant may not be awarded more than one point for each
20    complete year of full-time service.
21        Upon request by the commission, the governing body of
22    the municipality or in the case of applicants from outside
23    the municipality the governing body of any fire protection
24    district or any other municipality shall certify to the
25    commission, within 10 days after the request, the number
26    of years of successful paid-on-call, part-time, or

 

 

SB2037- 637 -LRB102 17120 WGH 22551 b

1    full-time service of any person. A candidate may not
2    receive the full amount of preference points under this
3    subsection if the amount of points awarded would place the
4    candidate before a veteran on the eligibility list. If
5    more than one candidate receiving experience preference
6    points is prevented from receiving all of their points due
7    to not being allowed to pass a veteran, the candidates
8    shall be placed on the list below the veteran in rank order
9    based on the totals received if all points under this
10    subsection were to be awarded. Any remaining ties on the
11    list shall be determined by lot.
12        (6) Residency preference. Applicants whose principal
13    residence is located within the fire department's
14    jurisdiction may be preferred for appointment to and
15    employment with the fire department.
16        (7) Additional preferences. Up to 5 additional
17    preference points may be awarded for unique categories
18    based on an applicant's experience or background as
19    identified by the commission.
20        (7.5) Apprentice preferences. A person who has
21    performed fire suppression service for a department as a
22    firefighter apprentice and otherwise meets meet the
23    qualifications for original appointment as a firefighter
24    specified in this Section may be awarded up to 20
25    preference points. To qualify for preference points, an
26    applicant shall have completed a minimum of 600 hours of

 

 

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1    fire suppression work on a regular shift for the affected
2    fire department over a 12-month period. The fire
3    suppression work must be in accordance with Section
4    10-1-14 of this Division and the terms established by a
5    Joint Apprenticeship Committee included in a collective
6    bargaining agreement agreed between the employer and its
7    certified bargaining agent. An eligible applicant must
8    apply to the Joint Apprenticeship Committee for preference
9    points under this item. The Joint Apprenticeship Committee
10    shall evaluate the merit of the applicant's performance,
11    determine the preference points to be awarded, and certify
12    the amount of points awarded to the commissioners. The
13    commissioners may add the certified preference points to
14    the final grades achieved by the applicant on the other
15    components of the examination.
16        (8) Scoring of preferences. The commission shall give
17    preference for original appointment to persons designated
18    in item (1) by adding to the final grade that they receive
19    5 points for the recognized preference achieved. The
20    commission may give preference for original appointment to
21    persons designated in item (7.5) by adding to the final
22    grade the amount of points designated by the Joint
23    Apprenticeship Committee as defined in item (7.5). The
24    commission shall determine the number of preference points
25    for each category, except (1) and (7.5). The number of
26    preference points for each category shall range from 0 to

 

 

SB2037- 639 -LRB102 17120 WGH 22551 b

1    5, except item (7.5). In determining the number of
2    preference points, the commission shall prescribe that if
3    a candidate earns the maximum number of preference points
4    in all categories except item (7.5), that number may not
5    be less than 10 nor more than 30. The commission shall give
6    preference for original appointment to persons designated
7    in items (2) through (7) by adding the requisite number of
8    points to the final grade for each recognized preference
9    achieved. The numerical result thus attained shall be
10    applied by the commission in determining the final
11    eligibility list and appointment from the eligibility
12    list. The local appointing authority may prescribe the
13    total number of preference points awarded under this
14    Section, but the total number of preference points, except
15    item (7.5), shall not be less than 10 points or more than
16    30 points. Apprentice preference points may be added in
17    addition to other preference points awarded by the
18    commission.
19    No person entitled to any preference shall be required to
20claim the credit before any examination held under the
21provisions of this Section, but the preference shall be given
22after the posting or publication of the initial eligibility
23list or register at the request of a person entitled to a
24credit before any certification or appointments are made from
25the eligibility register, upon the furnishing of verifiable
26evidence and proof of qualifying preference credit. Candidates

 

 

SB2037- 640 -LRB102 17120 WGH 22551 b

1who are eligible for preference credit shall make a claim in
2writing within 10 days after the posting of the initial
3eligibility list, or the claim shall be deemed waived. Final
4eligibility registers shall be established after the awarding
5of verified preference points. However, apprentice preference
6credit earned subsequent to the establishment of the final
7eligibility register may be applied to the applicant's score
8upon certification by the Joint Apprenticeship Committee to
9the commission and the rank order of candidates on the final
10eligibility register shall be adjusted accordingly. All
11employment shall be subject to the commission's initial hire
12background review including, but not limited to, criminal
13history, employment history, moral character, oral
14examination, and medical and psychological examinations, all
15on a pass-fail basis. The medical and psychological
16examinations must be conducted last, and may only be performed
17after a conditional offer of employment has been extended.
18    Any person placed on an eligibility list who exceeds the
19age requirement before being appointed to a fire department
20shall remain eligible for appointment until the list is
21abolished, or his or her name has been on the list for a period
22of 2 years. No person who has attained the age of 35 years
23shall be inducted into a fire department, except as otherwise
24provided in this Section.
25    The commission shall strike off the names of candidates
26for original appointment after the names have been on the list

 

 

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1for more than 2 years.
2    (i) Moral character. No person shall be appointed to a
3fire department unless he or she is a person of good character;
4not a habitual drunkard, a gambler, or a person who has been
5convicted of a felony or a crime involving moral turpitude.
6However, no person shall be disqualified from appointment to
7the fire department because of the person's record of
8misdemeanor convictions except those under Sections 11-6,
911-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
1012-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
1131-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and
12subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of
131961 or the Criminal Code of 2012, or arrest for any cause
14without conviction thereon. Any such person who is in the
15department may be removed on charges brought for violating
16this subsection and after a trial as hereinafter provided.
17    A classifiable set of the fingerprints of every person who
18is offered employment as a certificated member of an affected
19fire department whether with or without compensation, shall be
20furnished to the Illinois Department of State Police and to
21the Federal Bureau of Investigation by the commission.
22    Whenever a commission is authorized or required by law to
23consider some aspect of criminal history record information
24for the purpose of carrying out its statutory powers and
25responsibilities, then, upon request and payment of fees in
26conformance with the requirements of Section 2605-400 of the

 

 

SB2037- 642 -LRB102 17120 WGH 22551 b

1Illinois State Police Law of the Civil Administrative Code of
2Illinois, the Illinois Department of State Police is
3authorized to furnish, pursuant to positive identification,
4the information contained in State files as is necessary to
5fulfill the request.
6    (j) Temporary appointments. In order to prevent a stoppage
7of public business, to meet extraordinary exigencies, or to
8prevent material impairment of the fire department, the
9commission may make temporary appointments, to remain in force
10only until regular appointments are made under the provisions
11of this Division, but never to exceed 60 days. No temporary
12appointment of any one person shall be made more than twice in
13any calendar year.
14    (k) A person who knowingly divulges or receives test
15questions or answers before a written examination, or
16otherwise knowingly violates or subverts any requirement of
17this Section, commits a violation of this Section and may be
18subject to charges for official misconduct.
19    A person who is the knowing recipient of test information
20in advance of the examination shall be disqualified from the
21examination or discharged from the position to which he or she
22was appointed, as applicable, and otherwise subjected to
23disciplinary actions.
24(Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19;
25revised 11-26-19.)
 

 

 

SB2037- 643 -LRB102 17120 WGH 22551 b

1    (65 ILCS 5/10-2.1-6)  (from Ch. 24, par. 10-2.1-6)
2    Sec. 10-2.1-6. Examination of applicants;
3disqualifications.
4    (a) All applicants for a position in either the fire or
5police department of the municipality shall be under 35 years
6of age, shall be subject to an examination that shall be
7public, competitive, and open to all applicants (unless the
8council or board of trustees by ordinance limit applicants to
9electors of the municipality, county, state or nation) and
10shall be subject to reasonable limitations as to residence,
11health, habits, and moral character. The municipality may not
12charge or collect any fee from an applicant who has met all
13prequalification standards established by the municipality for
14any such position. With respect to a police department, a
15veteran shall be allowed to exceed the maximum age provision
16of this Section by the number of years served on active
17military duty, but by no more than 10 years of active military
18duty.
19    (b) Residency requirements in effect at the time an
20individual enters the fire or police service of a municipality
21(other than a municipality that has more than 1,000,000
22inhabitants) cannot be made more restrictive for that
23individual during his period of service for that municipality,
24or be made a condition of promotion, except for the rank or
25position of Fire or Police Chief.
26    (c) No person with a record of misdemeanor convictions

 

 

SB2037- 644 -LRB102 17120 WGH 22551 b

1except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
211-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
314-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
431-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
5(a)(1) and (a)(2)(C) of Section 11-14.3, and subsections (1),
6(6) and (8) of Section 24-1 of the Criminal Code of 1961 or the
7Criminal Code of 2012, or arrested for any cause but not
8convicted on that cause shall be disqualified from taking the
9examination to qualify for a position in the fire department
10on grounds of habits or moral character.
11    (d) The age limitation in subsection (a) does not apply
12(i) to any person previously employed as a policeman or
13fireman in a regularly constituted police or fire department
14of (I) any municipality, regardless of whether the
15municipality is located in Illinois or in another state, or
16(II) a fire protection district whose obligations were assumed
17by a municipality under Section 21 of the Fire Protection
18District Act, (ii) to any person who has served a municipality
19as a regularly enrolled volunteer fireman for 5 years
20immediately preceding the time that municipality begins to use
21full time firemen to provide all or part of its fire protection
22service, or (iii) to any person who has served as an auxiliary
23police officer under Section 3.1-30-20 for at least 5 years
24and is under 40 years of age, (iv) to any person who has served
25as a deputy under Section 3-6008 of the Counties Code and
26otherwise meets necessary training requirements, or (v) to any

 

 

SB2037- 645 -LRB102 17120 WGH 22551 b

1person who has served as a sworn officer as a member of the
2Illinois Department of State Police.
3    (e) Applicants who are 20 years of age and who have
4successfully completed 2 years of law enforcement studies at
5an accredited college or university may be considered for
6appointment to active duty with the police department. An
7applicant described in this subsection (e) who is appointed to
8active duty shall not have power of arrest, nor shall the
9applicant be permitted to carry firearms, until he or she
10reaches 21 years of age.
11    (f) Applicants who are 18 years of age and who have
12successfully completed 2 years of study in fire techniques,
13amounting to a total of 4 high school credits, within the cadet
14program of a municipality may be considered for appointment to
15active duty with the fire department of any municipality.
16    (g) The council or board of trustees may by ordinance
17provide that persons residing outside the municipality are
18eligible to take the examination.
19    (h) The examinations shall be practical in character and
20relate to those matters that will fairly test the capacity of
21the persons examined to discharge the duties of the positions
22to which they seek appointment. No person shall be appointed
23to the police or fire department if he or she does not possess
24a high school diploma or an equivalent high school education.
25A board of fire and police commissioners may, by its rules,
26require police applicants to have obtained an associate's

 

 

SB2037- 646 -LRB102 17120 WGH 22551 b

1degree or a bachelor's degree as a prerequisite for
2employment. The examinations shall include tests of physical
3qualifications and health. A board of fire and police
4commissioners may, by its rules, waive portions of the
5required examination for police applicants who have previously
6been full-time sworn officers of a regular police department
7in any municipal, county, university, or State law enforcement
8agency, provided they are certified by the Illinois Law
9Enforcement Training Standards Board and have been with their
10respective law enforcement agency within the State for at
11least 2 years. No person shall be appointed to the police or
12fire department if he or she has suffered the amputation of any
13limb unless the applicant's duties will be only clerical or as
14a radio operator. No applicant shall be examined concerning
15his or her political or religious opinions or affiliations.
16The examinations shall be conducted by the board of fire and
17police commissioners of the municipality as provided in this
18Division 2.1.
19    The requirement that a police applicant possess an
20associate's degree under this subsection may be waived if one
21or more of the following applies: (1) the applicant has served
22for 24 months of honorable active duty in the United States
23Armed Forces and has not been discharged dishonorably or under
24circumstances other than honorable; (2) the applicant has
25served for 180 days of active duty in the United States Armed
26Forces in combat duty recognized by the Department of Defense

 

 

SB2037- 647 -LRB102 17120 WGH 22551 b

1and has not been discharged dishonorably or under
2circumstances other than honorable; or (3) the applicant has
3successfully received credit for a minimum of 60 credit hours
4toward a bachelor's degree from an accredited college or
5university.
6    The requirement that a police applicant possess a
7bachelor's degree under this subsection may be waived if one
8or more of the following applies: (1) the applicant has served
9for 36 months of honorable active duty in the United States
10Armed Forces and has not been discharged dishonorably or under
11circumstances other than honorable or (2) the applicant has
12served for 180 days of active duty in the United States Armed
13Forces in combat duty recognized by the Department of Defense
14and has not been discharged dishonorably or under
15circumstances other than honorable.
16    (i) No person who is classified by his local selective
17service draft board as a conscientious objector, or who has
18ever been so classified, may be appointed to the police
19department.
20    (j) No person shall be appointed to the police or fire
21department unless he or she is a person of good character and
22not an habitual drunkard, gambler, or a person who has been
23convicted of a felony or a crime involving moral turpitude. No
24person, however, shall be disqualified from appointment to the
25fire department because of his or her record of misdemeanor
26convictions except those under Sections 11-1.50, 11-6, 11-7,

 

 

SB2037- 648 -LRB102 17120 WGH 22551 b

111-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
212-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
331-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
4subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
5subsections (1), (6) and (8) of Section 24-1 of the Criminal
6Code of 1961 or the Criminal Code of 2012, or arrest for any
7cause without conviction on that cause. Any such person who is
8in the department may be removed on charges brought and after a
9trial as provided in this Division 2.1.
10(Source: P.A. 100-467, eff. 9-8-17.)
 
11    (65 ILCS 5/10-2.1-6.1)  (from Ch. 24, par. 10-2.1-6.1)
12    Sec. 10-2.1-6.1. A classifiable set of the fingerprints of
13every person who is now employed, or who hereafter becomes
14employed, as a full time member of a regular fire or police
15department of any municipality in this State, whether with or
16without compensation, shall be furnished to the Illinois
17Department of State Police and to the Federal Bureau of
18Investigation by the board of fire or police commissioners or
19other appropriate appointing authority, as the case may be.
20(Source: P.A. 84-25.)
 
21    (65 ILCS 5/10-2.1-6.2)  (from Ch. 24, par. 10-2.1-6.2)
22    Sec. 10-2.1-6.2. Whenever the Board of Fire and Police
23Commissioners is authorized or required by law to consider
24some aspect of criminal history record information for the

 

 

SB2037- 649 -LRB102 17120 WGH 22551 b

1purpose of carrying out its statutory powers and
2responsibilities, then, upon request and payment of fees in
3conformance with the requirements of Section 2605-400 of the
4Illinois Department of State Police Law (20 ILCS
52605/2605-400), the Illinois Department of State Police is
6authorized to furnish, pursuant to positive identification,
7such information contained in State files as is necessary to
8fulfill the request.
9(Source: P.A. 91-239, eff. 1-1-00.)
 
10    (65 ILCS 5/10-2.1-6.3)
11    Sec. 10-2.1-6.3. Original appointments; full-time fire
12department.
13    (a) Applicability. Unless a commission elects to follow
14the provisions of Section 10-2.1-6.4, this Section shall apply
15to all original appointments to an affected full-time fire
16department. Existing registers of eligibles shall continue to
17be valid until their expiration dates, or up to a maximum of 2
18years after August 4, 2011 (the effective date of Public Act
1997-251) this amendatory Act of the 97th General Assembly.
20    Notwithstanding any statute, ordinance, rule, or other law
21to the contrary, all original appointments to an affected
22department to which this Section applies shall be administered
23in the manner provided for in this Section. Provisions of the
24Illinois Municipal Code, municipal ordinances, and rules
25adopted pursuant to such authority and other laws relating to

 

 

SB2037- 650 -LRB102 17120 WGH 22551 b

1initial hiring of firefighters in affected departments shall
2continue to apply to the extent they are compatible with this
3Section, but in the event of a conflict between this Section
4and any other law, this Section shall control.
5    A home rule or non-home rule municipality may not
6administer its fire department process for original
7appointments in a manner that is less stringent than this
8Section. This Section is a limitation under subsection (i) of
9Section 6 of Article VII of the Illinois Constitution on the
10concurrent exercise by home rule units of the powers and
11functions exercised by the State.
12    A municipality that is operating under a court order or
13consent decree regarding original appointments to a full-time
14fire department before August 4, 2011 (the effective date of
15Public Act 97-251) this amendatory Act of the 97th General
16Assembly is exempt from the requirements of this Section for
17the duration of the court order or consent decree.
18    Notwithstanding any other provision of this subsection
19(a), this Section does not apply to a municipality with more
20than 1,000,000 inhabitants.
21    (b) Original appointments. All original appointments made
22to an affected fire department shall be made from a register of
23eligibles established in accordance with the processes
24established by this Section. Only persons who meet or exceed
25the performance standards required by this Section shall be
26placed on a register of eligibles for original appointment to

 

 

SB2037- 651 -LRB102 17120 WGH 22551 b

1an affected fire department.
2    Whenever an appointing authority authorizes action to hire
3a person to perform the duties of a firefighter or to hire a
4firefighter-paramedic to fill a position that is a new
5position or vacancy due to resignation, discharge, promotion,
6death, the granting of a disability or retirement pension, or
7any other cause, the appointing authority shall appoint to
8that position the person with the highest ranking on the final
9eligibility list. If the appointing authority has reason to
10conclude that the highest ranked person fails to meet the
11minimum standards for the position or if the appointing
12authority believes an alternate candidate would better serve
13the needs of the department, then the appointing authority has
14the right to pass over the highest ranked person and appoint
15either: (i) any person who has a ranking in the top 5% of the
16register of eligibles or (ii) any person who is among the top 5
17highest ranked persons on the list of eligibles if the number
18of people who have a ranking in the top 5% of the register of
19eligibles is less than 5 people.
20    Any candidate may pass on an appointment once without
21losing his or her position on the register of eligibles. Any
22candidate who passes a second time may be removed from the list
23by the appointing authority provided that such action shall
24not prejudice a person's opportunities to participate in
25future examinations, including an examination held during the
26time a candidate is already on the municipality's register of

 

 

SB2037- 652 -LRB102 17120 WGH 22551 b

1eligibles.
2    The sole authority to issue certificates of appointment
3shall be vested in the board of fire and police commissioners.
4All certificates of appointment issued to any officer or
5member of an affected department shall be signed by the
6chairperson and secretary, respectively, of the board upon
7appointment of such officer or member to the affected
8department by action of the board. After being selected from
9the register of eligibles to fill a vacancy in the affected
10department, each appointee shall be presented with his or her
11certificate of appointment on the day on which he or she is
12sworn in as a classified member of the affected department.
13Firefighters who were not issued a certificate of appointment
14when originally appointed shall be provided with a certificate
15within 10 days after making a written request to the
16chairperson of the board of fire and police commissioners.
17Each person who accepts a certificate of appointment and
18successfully completes his or her probationary period shall be
19enrolled as a firefighter and as a regular member of the fire
20department.
21    For the purposes of this Section, "firefighter" means any
22person who has been prior to, on, or after August 4, 2011 (the
23effective date of Public Act 97-251) this amendatory Act of
24the 97th General Assembly appointed to a fire department or
25fire protection district or employed by a State university and
26sworn or commissioned to perform firefighter duties or

 

 

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1paramedic duties, or both, except that the following persons
2are not included: part-time firefighters; auxiliary, reserve,
3or voluntary firefighters, including paid-on-call
4firefighters; clerks and dispatchers or other civilian
5employees of a fire department or fire protection district who
6are not routinely expected to perform firefighter duties; and
7elected officials.
8    (c) Qualification for placement on register of eligibles.
9The purpose of establishing a register of eligibles is to
10identify applicants who possess and demonstrate the mental
11aptitude and physical ability to perform the duties required
12of members of the fire department in order to provide the
13highest quality of service to the public. To this end, all
14applicants for original appointment to an affected fire
15department shall be subject to examination and testing which
16shall be public, competitive, and open to all applicants
17unless the municipality shall by ordinance limit applicants to
18residents of the municipality, county or counties in which the
19municipality is located, State, or nation. Any examination and
20testing procedure utilized under subsection (e) of this
21Section shall be supported by appropriate validation evidence
22and shall comply with all applicable State and federal laws.
23Municipalities may establish educational, emergency medical
24service licensure, and other prerequisites prerequites for
25participation in an examination or for hire as a firefighter.
26Any municipality may charge a fee to cover the costs of the

 

 

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1application process.
2    Residency requirements in effect at the time an individual
3enters the fire service of a municipality cannot be made more
4restrictive for that individual during his or her period of
5service for that municipality, or be made a condition of
6promotion, except for the rank or position of fire chief and
7for no more than 2 positions that rank immediately below that
8of the chief rank which are appointed positions pursuant to
9the Fire Department Promotion Act.
10    No person who is 35 years of age or older shall be eligible
11to take an examination for a position as a firefighter unless
12the person has had previous employment status as a firefighter
13in the regularly constituted fire department of the
14municipality, except as provided in this Section. The age
15limitation does not apply to:
16        (1) any person previously employed as a full-time
17    firefighter in a regularly constituted fire department of
18    (i) any municipality or fire protection district located
19    in Illinois, (ii) a fire protection district whose
20    obligations were assumed by a municipality under Section
21    21 of the Fire Protection District Act, or (iii) a
22    municipality whose obligations were taken over by a fire
23    protection district,
24        (2) any person who has served a municipality as a
25    regularly enrolled volunteer, paid-on-call, or part-time
26    firefighter for the 5 years immediately preceding the time

 

 

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1    that the municipality begins to use full-time firefighters
2    to provide all or part of its fire protection service, or
3        (3) any person who turned 35 while serving as a member
4    of the active or reserve components of any of the branches
5    of the Armed Forces of the United States or the National
6    Guard of any state, whose service was characterized as
7    honorable or under honorable, if separated from the
8    military, and is currently under the age of 40.
9    No person who is under 21 years of age shall be eligible
10for employment as a firefighter.
11    No applicant shall be examined concerning his or her
12political or religious opinions or affiliations. The
13examinations shall be conducted by the commissioners of the
14municipality or their designees and agents.
15    No municipality shall require that any firefighter
16appointed to the lowest rank serve a probationary employment
17period of longer than one year of actual active employment,
18which may exclude periods of training, or injury or illness
19leaves, including duty related leave, in excess of 30 calendar
20days. Notwithstanding anything to the contrary in this
21Section, the probationary employment period limitation may be
22extended for a firefighter who is required, as a condition of
23employment, to be a licensed paramedic, during which time the
24sole reason that a firefighter may be discharged without a
25hearing is for failing to meet the requirements for paramedic
26licensure.

 

 

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1    In the event that any applicant who has been found
2eligible for appointment and whose name has been placed upon
3the final eligibility register provided for in this Section
4has not been appointed to a firefighter position within one
5year after the date of his or her physical ability
6examination, the commission may cause a second examination to
7be made of that applicant's physical ability prior to his or
8her appointment. If, after the second examination, the
9physical ability of the applicant shall be found to be less
10than the minimum standard fixed by the rules of the
11commission, the applicant shall not be appointed. The
12applicant's name may be retained upon the register of
13candidates eligible for appointment and when next reached for
14certification and appointment that applicant may be again
15examined as provided in this Section, and if the physical
16ability of that applicant is found to be less than the minimum
17standard fixed by the rules of the commission, the applicant
18shall not be appointed, and the name of the applicant shall be
19removed from the register.
20    (d) Notice, examination, and testing components. Notice of
21the time, place, general scope, merit criteria for any
22subjective component, and fee of every examination shall be
23given by the commission, by a publication at least 2 weeks
24preceding the examination: (i) in one or more newspapers
25published in the municipality, or if no newspaper is published
26therein, then in one or more newspapers with a general

 

 

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1circulation within the municipality, or (ii) on the
2municipality's Internet website. Additional notice of the
3examination may be given as the commission shall prescribe.
4    The examination and qualifying standards for employment of
5firefighters shall be based on: mental aptitude, physical
6ability, preferences, moral character, and health. The mental
7aptitude, physical ability, and preference components shall
8determine an applicant's qualification for and placement on
9the final register of eligibles. The examination may also
10include a subjective component based on merit criteria as
11determined by the commission. Scores from the examination must
12be made available to the public.
13    (e) Mental aptitude. No person who does not possess at
14least a high school diploma or an equivalent high school
15education shall be placed on a register of eligibles.
16Examination of an applicant's mental aptitude shall be based
17upon a written examination. The examination shall be practical
18in character and relate to those matters that fairly test the
19capacity of the persons examined to discharge the duties
20performed by members of a fire department. Written
21examinations shall be administered in a manner that ensures
22the security and accuracy of the scores achieved.
23    (f) Physical ability. All candidates shall be required to
24undergo an examination of their physical ability to perform
25the essential functions included in the duties they may be
26called upon to perform as a member of a fire department. For

 

 

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1the purposes of this Section, essential functions of the job
2are functions associated with duties that a firefighter may be
3called upon to perform in response to emergency calls. The
4frequency of the occurrence of those duties as part of the fire
5department's regular routine shall not be a controlling factor
6in the design of examination criteria or evolutions selected
7for testing. These physical examinations shall be open,
8competitive, and based on industry standards designed to test
9each applicant's physical abilities in the following
10dimensions:
11        (1) Muscular strength to perform tasks and evolutions
12    that may be required in the performance of duties
13    including grip strength, leg strength, and arm strength.
14    Tests shall be conducted under anaerobic as well as
15    aerobic conditions to test both the candidate's speed and
16    endurance in performing tasks and evolutions. Tasks tested
17    may be based on standards developed, or approved, by the
18    local appointing authority.
19        (2) The ability to climb ladders, operate from
20    heights, walk or crawl in the dark along narrow and uneven
21    surfaces, and operate in proximity to hazardous
22    environments.
23        (3) The ability to carry out critical, time-sensitive,
24    and complex problem solving during physical exertion in
25    stressful and hazardous environments. The testing
26    environment may be hot and dark with tightly enclosed

 

 

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1    spaces, flashing lights, sirens, and other distractions.
2    The tests utilized to measure each applicant's
3capabilities in each of these dimensions may be tests based on
4industry standards currently in use or equivalent tests
5approved by the Joint Labor-Management Committee of the Office
6of the State Fire Marshal.
7    Physical ability examinations administered under this
8Section shall be conducted with a reasonable number of
9proctors and monitors, open to the public, and subject to
10reasonable regulations of the commission.
11    (g) Scoring of examination components. Appointing
12authorities may create a preliminary eligibility register. A
13person shall be placed on the list based upon his or her
14passage of the written examination or the passage of the
15written examination and the physical ability component.
16Passage of the written examination means attaining the minimum
17score set by the commission. Minimum scores should be set by
18the commission so as to demonstrate a candidate's ability to
19perform the essential functions of the job. The minimum score
20set by the commission shall be supported by appropriate
21validation evidence and shall comply with all applicable State
22and federal laws. The appointing authority may conduct the
23physical ability component and any subjective components
24subsequent to the posting of the preliminary eligibility
25register.
26    The examination components for an initial eligibility

 

 

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1register shall be graded on a 100-point scale. A person's
2position on the list shall be determined by the following: (i)
3the person's score on the written examination, (ii) the person
4successfully passing the physical ability component, and (iii)
5the person's results on any subjective component as described
6in subsection (d).
7    In order to qualify for placement on the final eligibility
8register, an applicant's score on the written examination,
9before any applicable preference points or subjective points
10are applied, shall be at or above the minimum score as set by
11the commission. The local appointing authority may prescribe
12the score to qualify for placement on the final eligibility
13register, but the score shall not be less than the minimum
14score set by the commission.
15    The commission shall prepare and keep a register of
16persons whose total score is not less than the minimum score
17for passage and who have passed the physical ability
18examination. These persons shall take rank upon the register
19as candidates in the order of their relative excellence based
20on the highest to the lowest total points scored on the mental
21aptitude, subjective component, and preference components of
22the test administered in accordance with this Section. No more
23than 60 days after each examination, an initial eligibility
24list shall be posted by the commission. The list shall include
25the final grades of the candidates without reference to
26priority of the time of examination and subject to claim for

 

 

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1preference credit.
2    Commissions may conduct additional examinations, including
3without limitation a polygraph test, after a final eligibility
4register is established and before it expires with the
5candidates ranked by total score without regard to date of
6examination. No more than 60 days after each examination, an
7initial eligibility list shall be posted by the commission
8showing the final grades of the candidates without reference
9to priority of time of examination and subject to claim for
10preference credit.
11    (h) Preferences. The following are preferences:
12        (1) Veteran preference. Persons who were engaged in
13    the military service of the United States for a period of
14    at least one year of active duty and who were honorably
15    discharged therefrom, or who are now or have been members
16    on inactive or reserve duty in such military or naval
17    service, shall be preferred for appointment to and
18    employment with the fire department of an affected
19    department.
20        (2) Fire cadet preference. Persons who have
21    successfully completed 2 years of study in fire techniques
22    or cadet training within a cadet program established under
23    the rules of the Joint Labor and Management Committee
24    (JLMC), as defined in Section 50 of the Fire Department
25    Promotion Act, may be preferred for appointment to and
26    employment with the fire department.

 

 

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1        (3) Educational preference. Persons who have
2    successfully obtained an associate's degree in the field
3    of fire service or emergency medical services, or a
4    bachelor's degree from an accredited college or university
5    may be preferred for appointment to and employment with
6    the fire department.
7        (4) Paramedic preference. Persons who have obtained a
8    license as a paramedic shall be preferred for appointment
9    to and employment with the fire department of an affected
10    department providing emergency medical services.
11        (5) Experience preference. All persons employed by a
12    municipality who have been paid-on-call or part-time
13    certified Firefighter II, State of Illinois or nationally
14    licensed EMT, EMT-I, A-EMT, or any combination of those
15    capacities shall be awarded 0.5 point for each year of
16    successful service in one or more of those capacities, up
17    to a maximum of 5 points. Certified Firefighter III and
18    State of Illinois or nationally licensed paramedics shall
19    be awarded one point per year up to a maximum of 5 points.
20    Applicants from outside the municipality who were employed
21    as full-time firefighters or firefighter-paramedics by a
22    fire protection district or another municipality for at
23    least 2 years shall be awarded 5 experience preference
24    points. These additional points presuppose a rating scale
25    totaling 100 points available for the eligibility list. If
26    more or fewer points are used in the rating scale for the

 

 

SB2037- 663 -LRB102 17120 WGH 22551 b

1    eligibility list, the points awarded under this subsection
2    shall be increased or decreased by a factor equal to the
3    total possible points available for the examination
4    divided by 100.
5        Upon request by the commission, the governing body of
6    the municipality or in the case of applicants from outside
7    the municipality the governing body of any fire protection
8    district or any other municipality shall certify to the
9    commission, within 10 days after the request, the number
10    of years of successful paid-on-call, part-time, or
11    full-time service of any person. A candidate may not
12    receive the full amount of preference points under this
13    subsection if the amount of points awarded would place the
14    candidate before a veteran on the eligibility list. If
15    more than one candidate receiving experience preference
16    points is prevented from receiving all of their points due
17    to not being allowed to pass a veteran, the candidates
18    shall be placed on the list below the veteran in rank order
19    based on the totals received if all points under this
20    subsection were to be awarded. Any remaining ties on the
21    list shall be determined by lot.
22        (6) Residency preference. Applicants whose principal
23    residence is located within the fire department's
24    jurisdiction shall be preferred for appointment to and
25    employment with the fire department.
26        (7) Additional preferences. Up to 5 additional

 

 

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1    preference points may be awarded for unique categories
2    based on an applicant's experience or background as
3    identified by the commission.
4        (7.5) Apprentice preferences. A person who has
5    performed fire suppression service for a department as a
6    firefighter apprentice and otherwise meets meet the
7    qualifications for original appointment as a firefighter
8    specified in this Section is are eligible to be awarded up
9    to 20 preference points. To qualify for preference points,
10    an applicant shall have completed a minimum of 600 hours
11    of fire suppression work on a regular shift for the
12    affected fire department over a 12-month period. The fire
13    suppression work must be in accordance with Section
14    10-2.1-4 of this Division and the terms established by a
15    Joint Apprenticeship Committee included in a collective
16    bargaining agreement agreed between the employer and its
17    certified bargaining agent. An eligible applicant must
18    apply to the Joint Apprenticeship Committee for preference
19    points under this item. The Joint Apprenticeship Committee
20    shall evaluate the merit of the applicant's performance,
21    determine the preference points to be awarded, and certify
22    the amount of points awarded to the commissioners. The
23    commissioners may add the certified preference points to
24    the final grades achieved by the applicant on the other
25    components of the examination.
26        (8) Scoring of preferences. The commission may give

 

 

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1    preference for original appointment to persons designated
2    in item (1) by adding to the final grade that they receive
3    5 points for the recognized preference achieved. The
4    commission may give preference for original appointment to
5    persons designated in item (7.5) by adding to the final
6    grade the amount of points designated by the Joint
7    Apprenticeship Committee as defined in item (7.5). The
8    commission shall determine the number of preference points
9    for each category, except (1) and (7.5). The number of
10    preference points for each category shall range from 0 to
11    5, except item (7.5). In determining the number of
12    preference points, the commission shall prescribe that if
13    a candidate earns the maximum number of preference points
14    in all categories except item (7.5), that number may not
15    be less than 10 nor more than 30. The commission shall give
16    preference for original appointment to persons designated
17    in items (2) through (7) by adding the requisite number of
18    points to the final grade for each recognized preference
19    achieved. The numerical result thus attained shall be
20    applied by the commission in determining the final
21    eligibility list and appointment from the eligibility
22    list. The local appointing authority may prescribe the
23    total number of preference points awarded under this
24    Section, but the total number of preference points, except
25    item (7.5), shall not be less than 10 points or more than
26    30 points. Apprentice preference points may be added in

 

 

SB2037- 666 -LRB102 17120 WGH 22551 b

1    addition to other preference points awarded by the
2    commission.
3    No person entitled to any preference shall be required to
4claim the credit before any examination held under the
5provisions of this Section, but the preference may be given
6after the posting or publication of the initial eligibility
7list or register at the request of a person entitled to a
8credit before any certification or appointments are made from
9the eligibility register, upon the furnishing of verifiable
10evidence and proof of qualifying preference credit. Candidates
11who are eligible for preference credit may make a claim in
12writing within 10 days after the posting of the initial
13eligibility list, or the claim may be deemed waived. Final
14eligibility registers may be established after the awarding of
15verified preference points. However, apprentice preference
16credit earned subsequent to the establishment of the final
17eligibility register may be applied to the applicant's score
18upon certification by the Joint Apprenticeship Committee to
19the commission and the rank order of candidates on the final
20eligibility register shall be adjusted accordingly. All
21employment shall be subject to the commission's initial hire
22background review, including, but not limited to, criminal
23history, employment history, moral character, oral
24examination, and medical and psychological examinations, all
25on a pass-fail basis. The medical and psychological
26examinations must be conducted last, and may only be performed

 

 

SB2037- 667 -LRB102 17120 WGH 22551 b

1after a conditional offer of employment has been extended.
2    Any person placed on an eligibility list who exceeds the
3age requirement before being appointed to a fire department
4shall remain eligible for appointment until the list is
5abolished, or his or her name has been on the list for a period
6of 2 years. No person who has attained the age of 35 years
7shall be inducted into a fire department, except as otherwise
8provided in this Section.
9    The commission shall strike off the names of candidates
10for original appointment after the names have been on the list
11for more than 2 years.
12    (i) Moral character. No person shall be appointed to a
13fire department unless he or she is a person of good character;
14not a habitual drunkard, a gambler, or a person who has been
15convicted of a felony or a crime involving moral turpitude.
16However, no person shall be disqualified from appointment to
17the fire department because of the person's record of
18misdemeanor convictions except those under Sections 11-6,
1911-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
2012-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
2131-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and
22subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of
231961 or the Criminal Code of 2012, or arrest for any cause
24without conviction thereon. Any such person who is in the
25department may be removed on charges brought for violating
26this subsection and after a trial as hereinafter provided.

 

 

SB2037- 668 -LRB102 17120 WGH 22551 b

1    A classifiable set of the fingerprints of every person who
2is offered employment as a certificated member of an affected
3fire department whether with or without compensation, shall be
4furnished to the Illinois Department of State Police and to
5the Federal Bureau of Investigation by the commission.
6    Whenever a commission is authorized or required by law to
7consider some aspect of criminal history record information
8for the purpose of carrying out its statutory powers and
9responsibilities, then, upon request and payment of fees in
10conformance with the requirements of Section 2605-400 of the
11Illinois State Police Law of the Civil Administrative Code of
12Illinois, the Illinois Department of State Police is
13authorized to furnish, pursuant to positive identification,
14the information contained in State files as is necessary to
15fulfill the request.
16    (j) Temporary appointments. In order to prevent a stoppage
17of public business, to meet extraordinary exigencies, or to
18prevent material impairment of the fire department, the
19commission may make temporary appointments, to remain in force
20only until regular appointments are made under the provisions
21of this Division, but never to exceed 60 days. No temporary
22appointment of any one person shall be made more than twice in
23any calendar year.
24    (k) A person who knowingly divulges or receives test
25questions or answers before a written examination, or
26otherwise knowingly violates or subverts any requirement of

 

 

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1this Section, commits a violation of this Section and may be
2subject to charges for official misconduct.
3    A person who is the knowing recipient of test information
4in advance of the examination shall be disqualified from the
5examination or discharged from the position to which he or she
6was appointed, as applicable, and otherwise subjected to
7disciplinary actions.
8(Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19;
9revised 11-26-19.)
 
10    (65 ILCS 5/11-32-1)  (from Ch. 24, par. 11-32-1)
11    Sec. 11-32-1. The corporate authorities of each
12municipality may:
13    (1) provide for the regulation, safe construction,
14installation, alteration, inspection, testing and maintenance
15of heating, air conditioning and refrigerating systems
16specified in this section.
17    (2) provide for examination, licensing and regulation of
18heating, air conditioning and refrigeration contractors; and
19fix the amount of license fees, not exceeding $50, and the
20terms and manner of issuing and revoking licenses of such
21contractors.
22    (3) provide for the appointment of a board of examiners
23which shall examine applicants for and issue licenses to such
24contractors as are found capable and trustworthy.
25    A. The term "heating, air conditioning and refrigeration

 

 

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1contractor" means:
2    (a) any person engaged in the business of installing,
3altering or servicing heating, air conditioning or
4refrigerating systems;
5    (b) any private or municipally owned public utility if
6such public utility installs heating, air conditioning or
7refrigerating systems.
8    The term "heating, air conditioning and refrigeration
9contractor" does not include: (i) any private or municipally
10owned public utility, fuel supplier or dealer that supplies
11fuel and services or repairs heating or air conditioning
12appliances or equipment in connection with or as a part of
13their business of supplying the fuel used in such appliances
14or equipment; or (ii) any liquefied petroleum gas dealer
15subject to "An Act to regulate the storage, transportation,
16sale and use of liquefied petroleum gases", approved July 11,
171955, as now or hereafter amended, and the rules and
18regulations of the Illinois Department of State Police
19promulgated pursuant to such Act; or (iii) any electrical
20contractor registered or licensed as such under the provisions
21of this Act or any other statute.
22    B. The term "heating system" means any heating unit
23intended to warm the atmosphere of any building or rooms
24therein used for human occupancy.
25    C. The term "air conditioning system" means any air
26conditioning unit designed to cool the atmosphere of any

 

 

SB2037- 671 -LRB102 17120 WGH 22551 b

1building or rooms therein used for human occupancy, which unit
2has a rated heat removal capacity in excess of 20,000 British
3thermal units per hour; and also any such unit regardless of
4size or rating that is installed in such a manner that it
5projects from a building where pedestrian traffic will pass
6below it.
7    D. The term "refrigerating system" means any refrigerating
8unit, other than an air conditioning system as defined in this
9section, which is to be used in conjunction with or as an aid
10to any commercial enterprise but does not include a
11refrigerating unit used for family household purposes.
12    Any heating, air conditioning and refrigeration contractor
13properly licensed under paragraph (2) of this section in the
14municipality of his principal place of business in this State
15may install heating, air conditioning and refrigeration
16systems in any other municipality without securing an
17additional license, provided that such contractor complies
18with the rules and regulations of the municipality where such
19systems are installed.
20(Source: P.A. 84-25.)
 
21    Section 440. The Fire Protection District Act is amended
22by changing Section 16.06b as follows:
 
23    (70 ILCS 705/16.06b)
24    Sec. 16.06b. Original appointments; full-time fire

 

 

SB2037- 672 -LRB102 17120 WGH 22551 b

1department.
2    (a) Applicability. Unless a commission elects to follow
3the provisions of Section 16.06c, this Section shall apply to
4all original appointments to an affected full-time fire
5department. Existing registers of eligibles shall continue to
6be valid until their expiration dates, or up to a maximum of 2
7years after August 4, 2011 (the effective date of Public Act
897-251) this amendatory Act of the 97th General Assembly.
9    Notwithstanding any statute, ordinance, rule, or other law
10to the contrary, all original appointments to an affected
11department to which this Section applies shall be administered
12in a no less stringent manner than the manner provided for in
13this Section. Provisions of the Illinois Municipal Code, Fire
14Protection District Act, fire district ordinances, and rules
15adopted pursuant to such authority and other laws relating to
16initial hiring of firefighters in affected departments shall
17continue to apply to the extent they are compatible with this
18Section, but in the event of a conflict between this Section
19and any other law, this Section shall control.
20    A fire protection district that is operating under a court
21order or consent decree regarding original appointments to a
22full-time fire department before August 4, 2011 (the effective
23date of Public Act 97-251) this amendatory Act of the 97th
24General Assembly is exempt from the requirements of this
25Section for the duration of the court order or consent decree.
26    (b) Original appointments. All original appointments made

 

 

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1to an affected fire department shall be made from a register of
2eligibles established in accordance with the processes
3required by this Section. Only persons who meet or exceed the
4performance standards required by the Section shall be placed
5on a register of eligibles for original appointment to an
6affected fire department.
7    Whenever an appointing authority authorizes action to hire
8a person to perform the duties of a firefighter or to hire a
9firefighter-paramedic to fill a position that is a new
10position or vacancy due to resignation, discharge, promotion,
11death, the granting of a disability or retirement pension, or
12any other cause, the appointing authority shall appoint to
13that position the person with the highest ranking on the final
14eligibility list. If the appointing authority has reason to
15conclude that the highest ranked person fails to meet the
16minimum standards for the position or if the appointing
17authority believes an alternate candidate would better serve
18the needs of the department, then the appointing authority has
19the right to pass over the highest ranked person and appoint
20either: (i) any person who has a ranking in the top 5% of the
21register of eligibles or (ii) any person who is among the top 5
22highest ranked persons on the list of eligibles if the number
23of people who have a ranking in the top 5% of the register of
24eligibles is less than 5 people.
25    Any candidate may pass on an appointment once without
26losing his or her position on the register of eligibles. Any

 

 

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1candidate who passes a second time may be removed from the list
2by the appointing authority provided that such action shall
3not prejudice a person's opportunities to participate in
4future examinations, including an examination held during the
5time a candidate is already on the fire district's register of
6eligibles.
7    The sole authority to issue certificates of appointment
8shall be vested in the board of fire commissioners, or board of
9trustees serving in the capacity of a board of fire
10commissioners. All certificates of appointment issued to any
11officer or member of an affected department shall be signed by
12the chairperson and secretary, respectively, of the commission
13upon appointment of such officer or member to the affected
14department by action of the commission. After being selected
15from the register of eligibles to fill a vacancy in the
16affected department, each appointee shall be presented with
17his or her certificate of appointment on the day on which he or
18she is sworn in as a classified member of the affected
19department. Firefighters who were not issued a certificate of
20appointment when originally appointed shall be provided with a
21certificate within 10 days after making a written request to
22the chairperson of the board of fire commissioners, or board
23of trustees serving in the capacity of a board of fire
24commissioners. Each person who accepts a certificate of
25appointment and successfully completes his or her probationary
26period shall be enrolled as a firefighter and as a regular

 

 

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1member of the fire department.
2    For the purposes of this Section, "firefighter" means any
3person who has been prior to, on, or after August 4, 2011 (the
4effective date of Public Act 97-251) this amendatory Act of
5the 97th General Assembly appointed to a fire department or
6fire protection district or employed by a State university and
7sworn or commissioned to perform firefighter duties or
8paramedic duties, or both, except that the following persons
9are not included: part-time firefighters; auxiliary, reserve,
10or voluntary firefighters, including paid-on-call
11firefighters; clerks and dispatchers or other civilian
12employees of a fire department or fire protection district who
13are not routinely expected to perform firefighter duties; and
14elected officials.
15    (c) Qualification for placement on register of eligibles.
16The purpose of establishing a register of eligibles is to
17identify applicants who possess and demonstrate the mental
18aptitude and physical ability to perform the duties required
19of members of the fire department in order to provide the
20highest quality of service to the public. To this end, all
21applicants for original appointment to an affected fire
22department shall be subject to examination and testing which
23shall be public, competitive, and open to all applicants
24unless the district shall by ordinance limit applicants to
25residents of the district, county or counties in which the
26district is located, State, or nation. Any examination and

 

 

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1testing procedure utilized under subsection (e) of this
2Section shall be supported by appropriate validation evidence
3and shall comply with all applicable State and federal laws.
4Districts may establish educational, emergency medical service
5licensure, and other prerequisites prerequites for
6participation in an examination or for hire as a firefighter.
7Any fire protection district may charge a fee to cover the
8costs of the application process.
9    Residency requirements in effect at the time an individual
10enters the fire service of a district cannot be made more
11restrictive for that individual during his or her period of
12service for that district, or be made a condition of
13promotion, except for the rank or position of fire chief and
14for no more than 2 positions that rank immediately below that
15of the chief rank which are appointed positions pursuant to
16the Fire Department Promotion Act.
17    No person who is 35 years of age or older shall be eligible
18to take an examination for a position as a firefighter unless
19the person has had previous employment status as a firefighter
20in the regularly constituted fire department of the district,
21except as provided in this Section. The age limitation does
22not apply to:
23        (1) any person previously employed as a full-time
24    firefighter in a regularly constituted fire department of
25    (i) any municipality or fire protection district located
26    in Illinois, (ii) a fire protection district whose

 

 

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1    obligations were assumed by a municipality under Section
2    21 of the Fire Protection District Act, or (iii) a
3    municipality whose obligations were taken over by a fire
4    protection district;
5        (2) any person who has served a fire district as a
6    regularly enrolled volunteer, paid-on-call, or part-time
7    firefighter for the 5 years immediately preceding the time
8    that the district begins to use full-time firefighters to
9    provide all or part of its fire protection service; or
10        (3) any person who turned 35 while serving as a member
11    of the active or reserve components of any of the branches
12    of the Armed Forces of the United States or the National
13    Guard of any state, whose service was characterized as
14    honorable or under honorable, if separated from the
15    military, and is currently under the age of 40.
16    No person who is under 21 years of age shall be eligible
17for employment as a firefighter.
18    No applicant shall be examined concerning his or her
19political or religious opinions or affiliations. The
20examinations shall be conducted by the commissioners of the
21district or their designees and agents.
22    No district shall require that any firefighter appointed
23to the lowest rank serve a probationary employment period of
24longer than one year of actual active employment, which may
25exclude periods of training, or injury or illness leaves,
26including duty related leave, in excess of 30 calendar days.

 

 

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1Notwithstanding anything to the contrary in this Section, the
2probationary employment period limitation may be extended for
3a firefighter who is required, as a condition of employment,
4to be a licensed paramedic, during which time the sole reason
5that a firefighter may be discharged without a hearing is for
6failing to meet the requirements for paramedic licensure.
7    In the event that any applicant who has been found
8eligible for appointment and whose name has been placed upon
9the final eligibility register provided for in this Section
10has not been appointed to a firefighter position within one
11year after the date of his or her physical ability
12examination, the commission may cause a second examination to
13be made of that applicant's physical ability prior to his or
14her appointment. If, after the second examination, the
15physical ability of the applicant shall be found to be less
16than the minimum standard fixed by the rules of the
17commission, the applicant shall not be appointed. The
18applicant's name may be retained upon the register of
19candidates eligible for appointment and when next reached for
20certification and appointment that applicant may be again
21examined as provided in this Section, and if the physical
22ability of that applicant is found to be less than the minimum
23standard fixed by the rules of the commission, the applicant
24shall not be appointed, and the name of the applicant shall be
25removed from the register.
26    (d) Notice, examination, and testing components. Notice of

 

 

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1the time, place, general scope, merit criteria for any
2subjective component, and fee of every examination shall be
3given by the commission, by a publication at least 2 weeks
4preceding the examination: (i) in one or more newspapers
5published in the district, or if no newspaper is published
6therein, then in one or more newspapers with a general
7circulation within the district, or (ii) on the fire
8protection district's Internet website. Additional notice of
9the examination may be given as the commission shall
10prescribe.
11    The examination and qualifying standards for employment of
12firefighters shall be based on: mental aptitude, physical
13ability, preferences, moral character, and health. The mental
14aptitude, physical ability, and preference components shall
15determine an applicant's qualification for and placement on
16the final register of eligibles. The examination may also
17include a subjective component based on merit criteria as
18determined by the commission. Scores from the examination must
19be made available to the public.
20    (e) Mental aptitude. No person who does not possess at
21least a high school diploma or an equivalent high school
22education shall be placed on a register of eligibles.
23Examination of an applicant's mental aptitude shall be based
24upon a written examination. The examination shall be practical
25in character and relate to those matters that fairly test the
26capacity of the persons examined to discharge the duties

 

 

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1performed by members of a fire department. Written
2examinations shall be administered in a manner that ensures
3the security and accuracy of the scores achieved.
4    (f) Physical ability. All candidates shall be required to
5undergo an examination of their physical ability to perform
6the essential functions included in the duties they may be
7called upon to perform as a member of a fire department. For
8the purposes of this Section, essential functions of the job
9are functions associated with duties that a firefighter may be
10called upon to perform in response to emergency calls. The
11frequency of the occurrence of those duties as part of the fire
12department's regular routine shall not be a controlling factor
13in the design of examination criteria or evolutions selected
14for testing. These physical examinations shall be open,
15competitive, and based on industry standards designed to test
16each applicant's physical abilities in the following
17dimensions:
18        (1) Muscular strength to perform tasks and evolutions
19    that may be required in the performance of duties
20    including grip strength, leg strength, and arm strength.
21    Tests shall be conducted under anaerobic as well as
22    aerobic conditions to test both the candidate's speed and
23    endurance in performing tasks and evolutions. Tasks tested
24    may be based on standards developed, or approved, by the
25    local appointing authority.
26        (2) The ability to climb ladders, operate from

 

 

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1    heights, walk or crawl in the dark along narrow and uneven
2    surfaces, and operate in proximity to hazardous
3    environments.
4        (3) The ability to carry out critical, time-sensitive,
5    and complex problem solving during physical exertion in
6    stressful and hazardous environments. The testing
7    environment may be hot and dark with tightly enclosed
8    spaces, flashing lights, sirens, and other distractions.
9    The tests utilized to measure each applicant's
10capabilities in each of these dimensions may be tests based on
11industry standards currently in use or equivalent tests
12approved by the Joint Labor-Management Committee of the Office
13of the State Fire Marshal.
14    Physical ability examinations administered under this
15Section shall be conducted with a reasonable number of
16proctors and monitors, open to the public, and subject to
17reasonable regulations of the commission.
18    (g) Scoring of examination components. Appointing
19authorities may create a preliminary eligibility register. A
20person shall be placed on the list based upon his or her
21passage of the written examination or the passage of the
22written examination and the physical ability component.
23Passage of the written examination means attaining the minimum
24score set by the commission. Minimum scores should be set by
25the appointing authorities so as to demonstrate a candidate's
26ability to perform the essential functions of the job. The

 

 

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1minimum score set by the commission shall be supported by
2appropriate validation evidence and shall comply with all
3applicable State and federal laws. The appointing authority
4may conduct the physical ability component and any subjective
5components subsequent to the posting of the preliminary
6eligibility register.
7    The examination components for an initial eligibility
8register shall be graded on a 100-point scale. A person's
9position on the list shall be determined by the following: (i)
10the person's score on the written examination, (ii) the person
11successfully passing the physical ability component, and (iii)
12the person's results on any subjective component as described
13in subsection (d).
14    In order to qualify for placement on the final eligibility
15register, an applicant's score on the written examination,
16before any applicable preference points or subjective points
17are applied, shall be at or above the minimum score set by the
18commission. The local appointing authority may prescribe the
19score to qualify for placement on the final eligibility
20register, but the score shall not be less than the minimum
21score set by the commission.
22    The commission shall prepare and keep a register of
23persons whose total score is not less than the minimum score
24for passage and who have passed the physical ability
25examination. These persons shall take rank upon the register
26as candidates in the order of their relative excellence based

 

 

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1on the highest to the lowest total points scored on the mental
2aptitude, subjective component, and preference components of
3the test administered in accordance with this Section. No more
4than 60 days after each examination, an initial eligibility
5list shall be posted by the commission. The list shall include
6the final grades of the candidates without reference to
7priority of the time of examination and subject to claim for
8preference credit.
9    Commissions may conduct additional examinations, including
10without limitation a polygraph test, after a final eligibility
11register is established and before it expires with the
12candidates ranked by total score without regard to date of
13examination. No more than 60 days after each examination, an
14initial eligibility list shall be posted by the commission
15showing the final grades of the candidates without reference
16to priority of time of examination and subject to claim for
17preference credit.
18    (h) Preferences. The following are preferences:
19        (1) Veteran preference. Persons who were engaged in
20    the military service of the United States for a period of
21    at least one year of active duty and who were honorably
22    discharged therefrom, or who are now or have been members
23    on inactive or reserve duty in such military or naval
24    service, shall be preferred for appointment to and
25    employment with the fire department of an affected
26    department.

 

 

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1        (2) Fire cadet preference. Persons who have
2    successfully completed 2 years of study in fire techniques
3    or cadet training within a cadet program established under
4    the rules of the Joint Labor and Management Committee
5    (JLMC), as defined in Section 50 of the Fire Department
6    Promotion Act, may be preferred for appointment to and
7    employment with the fire department.
8        (3) Educational preference. Persons who have
9    successfully obtained an associate's degree in the field
10    of fire service or emergency medical services, or a
11    bachelor's degree from an accredited college or university
12    may be preferred for appointment to and employment with
13    the fire department.
14        (4) Paramedic preference. Persons who have obtained a
15    license as a paramedic may be preferred for appointment to
16    and employment with the fire department of an affected
17    department providing emergency medical services.
18        (5) Experience preference. All persons employed by a
19    district who have been paid-on-call or part-time certified
20    Firefighter II, certified Firefighter III, State of
21    Illinois or nationally licensed EMT, EMT-I, A-EMT, or
22    paramedic, or any combination of those capacities may be
23    awarded up to a maximum of 5 points. However, the
24    applicant may not be awarded more than 0.5 points for each
25    complete year of paid-on-call or part-time service.
26    Applicants from outside the district who were employed as

 

 

SB2037- 685 -LRB102 17120 WGH 22551 b

1    full-time firefighters or firefighter-paramedics by a fire
2    protection district or municipality for at least 2 years
3    may be awarded up to 5 experience preference points.
4    However, the applicant may not be awarded more than one
5    point for each complete year of full-time service.
6        Upon request by the commission, the governing body of
7    the district or in the case of applicants from outside the
8    district the governing body of any other fire protection
9    district or any municipality shall certify to the
10    commission, within 10 days after the request, the number
11    of years of successful paid-on-call, part-time, or
12    full-time service of any person. A candidate may not
13    receive the full amount of preference points under this
14    subsection if the amount of points awarded would place the
15    candidate before a veteran on the eligibility list. If
16    more than one candidate receiving experience preference
17    points is prevented from receiving all of their points due
18    to not being allowed to pass a veteran, the candidates
19    shall be placed on the list below the veteran in rank order
20    based on the totals received if all points under this
21    subsection were to be awarded. Any remaining ties on the
22    list shall be determined by lot.
23        (6) Residency preference. Applicants whose principal
24    residence is located within the fire department's
25    jurisdiction may be preferred for appointment to and
26    employment with the fire department.

 

 

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1        (7) Additional preferences. Up to 5 additional
2    preference points may be awarded for unique categories
3    based on an applicant's experience or background as
4    identified by the commission.
5        (7.5) Apprentice preferences. A person who has
6    performed fire suppression service for a department as a
7    firefighter apprentice and otherwise meets meet the
8    qualifications for original appointment as a firefighter
9    specified in this Section is are eligible to be awarded up
10    to 20 preference points. To qualify for preference points,
11    an applicant shall have completed a minimum of 600 hours
12    of fire suppression work on a regular shift for the
13    affected fire department over a 12-month period. The fire
14    suppression work must be in accordance with Section 16.06
15    of this Act and the terms established by a Joint
16    Apprenticeship Committee included in a collective
17    bargaining agreement agreed between the employer and its
18    certified bargaining agent. An eligible applicant must
19    apply to the Joint Apprenticeship Committee for preference
20    points under this item. The Joint Apprenticeship Committee
21    shall evaluate the merit of the applicant's performance,
22    determine the preference points to be awarded, and certify
23    the amount of points awarded to the commissioners. The
24    commissioners may add the certified preference points to
25    the final grades achieved by the applicant on the other
26    components of the examination.

 

 

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1        (8) Scoring of preferences. The commission shall give
2    preference for original appointment to persons designated
3    in item (1) by adding to the final grade that they receive
4    5 points for the recognized preference achieved. The
5    commission may give preference for original appointment to
6    persons designated in item (7.5) by adding to the final
7    grade the amount of points designated by the Joint
8    Apprenticeship Committee as defined in item (7.5). The
9    commission shall determine the number of preference points
10    for each category, except (1) and (7.5). The number of
11    preference points for each category shall range from 0 to
12    5, except item (7.5). In determining the number of
13    preference points, the commission shall prescribe that if
14    a candidate earns the maximum number of preference points
15    in all categories except item (7.5), that number may not
16    be less than 10 nor more than 30. The commission shall give
17    preference for original appointment to persons designated
18    in items (2) through (7) by adding the requisite number of
19    points to the final grade for each recognized preference
20    achieved. The numerical result thus attained shall be
21    applied by the commission in determining the final
22    eligibility list and appointment from the eligibility
23    list. The local appointing authority may prescribe the
24    total number of preference points awarded under this
25    Section, but the total number of preference points, except
26    item (7.5), shall not be less than 10 points or more than

 

 

SB2037- 688 -LRB102 17120 WGH 22551 b

1    30 points. Apprentice preference points may be added in
2    addition to other preference points awarded by the
3    commission.
4    No person entitled to any preference shall be required to
5claim the credit before any examination held under the
6provisions of this Section, but the preference shall be given
7after the posting or publication of the initial eligibility
8list or register at the request of a person entitled to a
9credit before any certification or appointments are made from
10the eligibility register, upon the furnishing of verifiable
11evidence and proof of qualifying preference credit. Candidates
12who are eligible for preference credit shall make a claim in
13writing within 10 days after the posting of the initial
14eligibility list, or the claim shall be deemed waived. Final
15eligibility registers shall be established after the awarding
16of verified preference points. However, apprentice preference
17credit earned subsequent to the establishment of the final
18eligibility register may be applied to the applicant's score
19upon certification by the Joint Apprenticeship Committee to
20the commission and the rank order of candidates on the final
21eligibility register shall be adjusted accordingly. All
22employment shall be subject to the commission's initial hire
23background review including, but not limited to, criminal
24history, employment history, moral character, oral
25examination, and medical and psychological examinations, all
26on a pass-fail basis. The medical and psychological

 

 

SB2037- 689 -LRB102 17120 WGH 22551 b

1examinations must be conducted last, and may only be performed
2after a conditional offer of employment has been extended.
3    Any person placed on an eligibility list who exceeds the
4age requirement before being appointed to a fire department
5shall remain eligible for appointment until the list is
6abolished, or his or her name has been on the list for a period
7of 2 years. No person who has attained the age of 35 years
8shall be inducted into a fire department, except as otherwise
9provided in this Section.
10    The commission shall strike off the names of candidates
11for original appointment after the names have been on the list
12for more than 2 years.
13    (i) Moral character. No person shall be appointed to a
14fire department unless he or she is a person of good character;
15not a habitual drunkard, a gambler, or a person who has been
16convicted of a felony or a crime involving moral turpitude.
17However, no person shall be disqualified from appointment to
18the fire department because of the person's record of
19misdemeanor convictions except those under Sections 11-6,
2011-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
2112-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
2231-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and
23subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of
241961 or the Criminal Code of 2012, or arrest for any cause
25without conviction thereon. Any such person who is in the
26department may be removed on charges brought for violating

 

 

SB2037- 690 -LRB102 17120 WGH 22551 b

1this subsection and after a trial as hereinafter provided.
2    A classifiable set of the fingerprints of every person who
3is offered employment as a certificated member of an affected
4fire department whether with or without compensation, shall be
5furnished to the Illinois Department of State Police and to
6the Federal Bureau of Investigation by the commission.
7    Whenever a commission is authorized or required by law to
8consider some aspect of criminal history record information
9for the purpose of carrying out its statutory powers and
10responsibilities, then, upon request and payment of fees in
11conformance with the requirements of Section 2605-400 of the
12Illinois State Police Law of the Civil Administrative Code of
13Illinois, the Illinois Department of State Police is
14authorized to furnish, pursuant to positive identification,
15the information contained in State files as is necessary to
16fulfill the request.
17    (j) Temporary appointments. In order to prevent a stoppage
18of public business, to meet extraordinary exigencies, or to
19prevent material impairment of the fire department, the
20commission may make temporary appointments, to remain in force
21only until regular appointments are made under the provisions
22of this Section, but never to exceed 60 days. No temporary
23appointment of any one person shall be made more than twice in
24any calendar year.
25    (k) A person who knowingly divulges or receives test
26questions or answers before a written examination, or

 

 

SB2037- 691 -LRB102 17120 WGH 22551 b

1otherwise knowingly violates or subverts any requirement of
2this Section, commits a violation of this Section and may be
3subject to charges for official misconduct.
4    A person who is the knowing recipient of test information
5in advance of the examination shall be disqualified from the
6examination or discharged from the position to which he or she
7was appointed, as applicable, and otherwise subjected to
8disciplinary actions.
9(Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19;
10revised 11-26-19.)
 
11    Section 450. The Park District Code is amended by changing
12Section 8-23 as follows:
 
13    (70 ILCS 1205/8-23)
14    Sec. 8-23. Criminal background investigations.
15    (a) An applicant for employment with a park district is
16required as a condition of employment to authorize an
17investigation to determine if the applicant has been convicted
18of any of the enumerated criminal or drug offenses in
19subsection (c) or (d) of this Section, or adjudicated a
20delinquent minor for any of the enumerated criminal or drug
21offenses in subsection (c) or (d) of this Section, or has been
22convicted, within 7 years of the application for employment
23with the park district, of any other felony under the laws of
24this State or of any offense committed or attempted in any

 

 

SB2037- 692 -LRB102 17120 WGH 22551 b

1other state or against the laws of the United States that, if
2committed or attempted in this State, would have been
3punishable as a felony under the laws of this State.
4Authorization for the investigation shall be furnished by the
5applicant to the park district. Upon receipt of this
6authorization, the park district shall submit the applicant's
7name, sex, race, date of birth, and social security number to
8the Illinois Department of State Police on forms prescribed by
9the Illinois Department of State Police. The Illinois
10Department of State Police shall conduct a search of the
11Illinois criminal history records database to ascertain if the
12applicant being considered for employment has been convicted
13of any of the enumerated criminal or drug offenses in
14subsection (c) or (d) of this Section, or adjudicated a
15delinquent minor for committing or attempting to commit any of
16the enumerated criminal or drug offenses in subsection (c) or
17(d) of this Section, or has been convicted of committing or
18attempting to commit, within 7 years of the application for
19employment with the park district, any other felony under the
20laws of this State. The Illinois Department of State Police
21shall charge the park district a fee for conducting the
22investigation, which fee shall be deposited in the State
23Police Services Fund and shall not exceed the cost of the
24inquiry. The applicant shall not be charged a fee by the park
25district for the investigation.
26    (b) If the search of the Illinois criminal history record

 

 

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1database indicates that the applicant has been convicted of
2any of the enumerated criminal or drug offenses in subsection
3(c) or (d), or adjudicated a delinquent minor for committing
4or attempting to commit any of the enumerated criminal or drug
5offenses in subsection (c) or (d), or has been convicted of
6committing or attempting to commit, within 7 years of the
7application for employment with the park district, any other
8felony under the laws of this State, the Illinois Department
9of State Police and the Federal Bureau of Investigation shall
10furnish, pursuant to a fingerprint based background check,
11records of convictions or adjudications as a delinquent minor,
12until expunged, to the president of the park district. Any
13information concerning the record of convictions or
14adjudications as a delinquent minor obtained by the president
15shall be confidential and may only be transmitted to those
16persons who are necessary to the decision on whether to hire
17the applicant for employment. A copy of the record of
18convictions or adjudications as a delinquent minor obtained
19from the Illinois Department of State Police shall be provided
20to the applicant for employment. Any person who releases any
21confidential information concerning any criminal convictions
22or adjudications as a delinquent minor of an applicant for
23employment shall be guilty of a Class A misdemeanor, unless
24the release of such information is authorized by this Section.
25    (c) No park district shall knowingly employ a person who
26has been convicted, or adjudicated a delinquent minor, for

 

 

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1committing attempted first degree murder or for committing or
2attempting to commit first degree murder, a Class X felony, or
3any one or more of the following criminal offenses: (i) those
4defined in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
511-1.60, 11-6, 11-9, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
611-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
711-20.1B, 11-20.3, 11-21, 11-30 (if convicted of a Class 4
8felony), 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15,
9and 12-16 of the Criminal Code of 1961 or the Criminal Code of
102012; (ii) (blank); (iii) (blank); (iv) (blank); and (v) any
11offense committed or attempted in any other state or against
12the laws of the United States, which, if committed or
13attempted in this State, would have been punishable as one or
14more of the foregoing offenses. Further, no park district
15shall knowingly employ a person who has been found to be the
16perpetrator of sexual or physical abuse of any minor under 18
17years of age pursuant to proceedings under Article II of the
18Juvenile Court Act of 1987. No park district shall knowingly
19employ a person for whom a criminal background investigation
20has not been initiated.
21    (d) No park district shall knowingly employ a person who
22has been convicted of the following drug offenses, other than
23an offense set forth in subsection (c), until 7 years
24following the end of the sentence imposed for any of the
25following offenses: (i) those defined in the Cannabis Control
26Act, except those defined in Sections 4(a), 4(b), 4(c), 5(a),

 

 

SB2037- 695 -LRB102 17120 WGH 22551 b

1and 5(b) of that Act; (ii) those defined in the Illinois
2Controlled Substances Act; (iii) those defined in the
3Methamphetamine Control and Community Protection Act; and (iv)
4any offense committed or attempted in any other state or
5against the laws of the United States, which, if committed or
6attempted in this State, would have been punishable as one or
7more of the foregoing offenses. For purposes of this
8paragraph, "sentence" includes any period of supervision or
9probation that was imposed either alone or in combination with
10a period of incarceration.
11    (e) Notwithstanding the provisions of subsections (c) and
12(d), a park district may, in its discretion, employ a person
13who has been granted a certificate of good conduct under
14Section 5-5.5-25 of the Unified Code of Corrections by the
15circuit court.
16(Source: P.A. 99-884, eff. 8-22-16.)
 
17    Section 455. The Chicago Park District Act is amended by
18changing Section 16a-5 as follows:
 
19    (70 ILCS 1505/16a-5)
20    Sec. 16a-5. Criminal background investigations.
21    (a) An applicant for employment with the Chicago Park
22District is required as a condition of employment to authorize
23an investigation to determine if the applicant has been
24convicted of any of the enumerated criminal or drug offenses

 

 

SB2037- 696 -LRB102 17120 WGH 22551 b

1in subsection (c) or (d) of this Section, or adjudicated a
2delinquent minor for any of the enumerated criminal or drug
3offenses in subsection (c) or (d) of this Section, or has been
4convicted, within 7 years of the application for employment
5with the Chicago Park District, of any other felony under the
6laws of this State or of any offense committed or attempted in
7any other state or against the laws of the United States that,
8if committed or attempted in this State, would have been
9punishable as a felony under the laws of this State.
10Authorization for the investigation shall be furnished by the
11applicant to the Chicago Park District. Upon receipt of this
12authorization, the Chicago Park District shall submit the
13applicant's name, sex, race, date of birth, and social
14security number to the Illinois Department of State Police on
15forms prescribed by the Illinois Department of State Police.
16The Illinois Department of State Police shall conduct a search
17of the Illinois criminal history record information database
18to ascertain if the applicant being considered for employment
19has been convicted of any of the enumerated criminal or drug
20offenses in subsection (c) or (d) of this Section, or
21adjudicated a delinquent minor for committing or attempting to
22commit any of the enumerated criminal or drug offenses in
23subsection (c) or (d) of this Section, or has been convicted of
24committing or attempting to commit, within 7 years of the
25application for employment with the Chicago Park District, any
26other felony under the laws of this State. The Illinois

 

 

SB2037- 697 -LRB102 17120 WGH 22551 b

1Department of State Police shall charge the Chicago Park
2District a fee for conducting the investigation, which fee
3shall be deposited in the State Police Services Fund and shall
4not exceed the cost of the inquiry. The applicant shall not be
5charged a fee by the Chicago Park District for the
6investigation.
7    (b) If the search of the Illinois criminal history record
8database indicates that the applicant has been convicted of
9any of the enumerated criminal or drug offenses in subsection
10(c) or (d), or adjudicated a delinquent minor for committing
11or attempting to commit any of the enumerated criminal or drug
12offenses in subsection (c) or (d), or has been convicted of
13committing or attempting to commit, within 7 years of the
14application for employment with the Chicago Park District, any
15other felony under the laws of this State, the Illinois
16Department of State Police and the Federal Bureau of
17Investigation shall furnish, pursuant to a fingerprint based
18background check, records of convictions or adjudications as a
19delinquent minor, until expunged, to the General
20Superintendent and Chief Executive Officer of the Chicago Park
21District. Any information concerning the record of convictions
22or adjudications as a delinquent minor obtained by the General
23Superintendent and Chief Executive Officer shall be
24confidential and may only be transmitted to those persons who
25are necessary to the decision on whether to hire the applicant
26for employment. A copy of the record of convictions or

 

 

SB2037- 698 -LRB102 17120 WGH 22551 b

1adjudications as a delinquent minor obtained from the Illinois
2Department of State Police shall be provided to the applicant
3for employment. Any person who releases any confidential
4information concerning any criminal convictions or
5adjudications as a delinquent minor of an applicant for
6employment shall be guilty of a Class A misdemeanor, unless
7the release of such information is authorized by this Section.
8    (c) The Chicago Park District may not knowingly employ a
9person who has been convicted, or adjudicated a delinquent
10minor, for committing attempted first degree murder or for
11committing or attempting to commit first degree murder, a
12Class X felony, or any one or more of the following criminal
13offenses: (i) those defined in Sections 11-1.20, 11-1.30,
1411-1.40, 11-1.50, 11-1.60, 11-6, 11-9, 11-14.3, 11-14.4,
1511-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
1611-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30 (if convicted
17of a Class 4 felony), 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14,
1812-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or the
19Criminal Code of 2012; (ii) (blank); (iii) (blank); (iv)
20(blank); and (v) any offense committed or attempted in any
21other state or against the laws of the United States, which, if
22committed or attempted in this State, would have been
23punishable as one or more of the foregoing offenses. Further,
24the Chicago Park District may not knowingly employ a person
25who has been found to be the perpetrator of sexual or physical
26abuse of any minor under 18 years of age pursuant to

 

 

SB2037- 699 -LRB102 17120 WGH 22551 b

1proceedings under Article II of the Juvenile Court Act of
21987. The Chicago Park District may not knowingly employ a
3person for whom a criminal background investigation has not
4been initiated.
5    (d) The Chicago Park District shall not knowingly employ a
6person who has been convicted of the following drug offenses,
7other than an offense set forth in subsection (c), until 7
8years following the end of the sentence imposed for any of the
9following offenses: (i) those defined in the Cannabis Control
10Act, except those defined in Sections 4(a), 4(b), 4(c), 5(a),
11and 5(b) of that Act; (ii) those defined in the Illinois
12Controlled Substances Act; (iii) those defined in the
13Methamphetamine Control and Community Protection Act; and (iv)
14any offense committed or attempted in any other state or
15against the laws of the United States, which, if committed or
16attempted in this State, would have been punishable as one or
17more of the foregoing offenses. For purposes of this
18paragraph, "sentence" includes any period of supervision or
19probation that was imposed either alone or in combination with
20a period of incarceration.
21    (e) Notwithstanding the provisions of subsection (c) or
22(d), the Chicago Park District may, in its discretion, employ
23a person who has been granted a certificate of good conduct
24under Section 5-5.5-25 of the Unified Code of Corrections by
25the Circuit Court.
26(Source: P.A. 99-884, eff. 8-22-16.)
 

 

 

SB2037- 700 -LRB102 17120 WGH 22551 b

1    Section 505. The Metropolitan Transit Authority Act is
2amended by changing Section 28b as follows:
 
3    (70 ILCS 3605/28b)  (from Ch. 111 2/3, par. 328b)
4    Sec. 28b. Any person applying for a position as a driver of
5a vehicle owned by a private carrier company which provides
6public transportation pursuant to an agreement with the
7Authority shall be required to authorize an investigation by
8the private carrier company to determine if the applicant has
9been convicted of any of the following offenses: (i) those
10offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1,
1110-4, 10-5, 10-6, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
1211-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1,
1311-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
1411-20.1B, 11-20.3, 11-21, 11-22, 11-30, 12-4.3, 12-4.4,
1512-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14, 12-14.1, 12-15,
1612-16, 12-16.1, 18-1, 18-2, 19-6, 20-1, 20-1.1, 31A-1,
1731A-1.1, and 33A-2, in subsection (a) and subsection (b),
18clause (1), of Section 12-4, in subdivisions (a)(1), (b)(1),
19and (f)(1) of Section 12-3.05, and in subsection (a-5) of
20Section 12-3.1 of the Criminal Code of 1961 or the Criminal
21Code of 2012; (ii) those offenses defined in the Cannabis
22Control Act except those offenses defined in subsections (a)
23and (b) of Section 4, and subsection (a) of Section 5 of the
24Cannabis Control Act (iii) those offenses defined in the

 

 

SB2037- 701 -LRB102 17120 WGH 22551 b

1Illinois Controlled Substances Act; (iv) those offenses
2defined in the Methamphetamine Control and Community
3Protection Act; and (v) any offense committed or attempted in
4any other state or against the laws of the United States, which
5if committed or attempted in this State would be punishable as
6one or more of the foregoing offenses. Upon receipt of this
7authorization, the private carrier company shall submit the
8applicant's name, sex, race, date of birth, fingerprints and
9social security number to the Illinois Department of State
10Police on forms prescribed by the Department. The Illinois
11Department of State Police shall conduct an investigation to
12ascertain if the applicant has been convicted of any of the
13above enumerated offenses. The Department shall charge the
14private carrier company a fee for conducting the
15investigation, which fee shall be deposited in the State
16Police Services Fund and shall not exceed the cost of the
17inquiry; and the applicant shall not be charged a fee for such
18investigation by the private carrier company. The Illinois
19Department of State Police shall furnish, pursuant to positive
20identification, records of convictions, until expunged, to the
21private carrier company which requested the investigation. A
22copy of the record of convictions obtained from the Department
23shall be provided to the applicant. Any record of conviction
24received by the private carrier company shall be confidential.
25Any person who releases any confidential information
26concerning any criminal convictions of an applicant shall be

 

 

SB2037- 702 -LRB102 17120 WGH 22551 b

1guilty of a Class A misdemeanor, unless authorized by this
2Section.
3(Source: P.A. 96-1551, Article 1, Section 920, eff. 7-1-11;
496-1551, Article 2, Section 960, eff. 7-1-11; 97-1108, eff.
51-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
6    Section 510. The School Code is amended by changing
7Sections 1A-11, 2-3.25o, 2-3.73, 2-3.140, 10-20.21a, 10-21.7,
810-21.9, 10-27.1A, 10-27.1B, 34-2.1, 34-8.05, and 34-18.5 as
9follows:
 
10    (105 ILCS 5/1A-11)
11    Sec. 1A-11. Children; methamphetamine; protocol. The State
12Board of Education shall cooperate with the Department of
13Children and Family Services and the Illinois Department of
14State Police in developing the protocol required under Section
156.5 of the Children and Family Services Act. The Board must
16post the protocol on the official Web site maintained by the
17Board.
18(Source: P.A. 94-554, eff. 1-1-06.)
 
19    (105 ILCS 5/2-3.25o)
20    Sec. 2-3.25o. Registration and recognition of non-public
21elementary and secondary schools.
22    (a) Findings. The General Assembly finds and declares (i)
23that the Constitution of the State of Illinois provides that a

 

 

SB2037- 703 -LRB102 17120 WGH 22551 b

1"fundamental goal of the People of the State is the
2educational development of all persons to the limits of their
3capacities" and (ii) that the educational development of every
4school student serves the public purposes of the State. In
5order to ensure that all Illinois students and teachers have
6the opportunity to enroll and work in State-approved
7educational institutions and programs, the State Board of
8Education shall provide for the voluntary registration and
9recognition of non-public elementary and secondary schools.
10    (b) Registration. All non-public elementary and secondary
11schools in the State of Illinois may voluntarily register with
12the State Board of Education on an annual basis. Registration
13shall be completed in conformance with procedures prescribed
14by the State Board of Education. Information required for
15registration shall include assurances of compliance (i) with
16federal and State laws regarding health examination and
17immunization, attendance, length of term, and
18nondiscrimination and (ii) with applicable fire and health
19safety requirements.
20    (c) Recognition. All non-public elementary and secondary
21schools in the State of Illinois may voluntarily seek the
22status of "Non-public School Recognition" from the State Board
23of Education. This status may be obtained by compliance with
24administrative guidelines and review procedures as prescribed
25by the State Board of Education. The guidelines and procedures
26must recognize that some of the aims and the financial bases of

 

 

SB2037- 704 -LRB102 17120 WGH 22551 b

1non-public schools are different from public schools and will
2not be identical to those for public schools, nor will they be
3more burdensome. The guidelines and procedures must also
4recognize the diversity of non-public schools and shall not
5impinge upon the noneducational relationships between those
6schools and their clientele.
7    (c-5) Prohibition against recognition. A non-public
8elementary or secondary school may not obtain "Non-public
9School Recognition" status unless the school requires all
10certified and non-certified applicants for employment with the
11school, after July 1, 2007, to authorize a fingerprint-based
12criminal history records check as a condition of employment to
13determine if such applicants have been convicted of any of the
14enumerated criminal or drug offenses set forth in Section
1521B-80 of this Code or have been convicted, within 7 years of
16the application for employment, of any other felony under the
17laws of this State or of any offense committed or attempted in
18any other state or against the laws of the United States that,
19if committed or attempted in this State, would have been
20punishable as a felony under the laws of this State.
21    Authorization for the check shall be furnished by the
22applicant to the school, except that if the applicant is a
23substitute teacher seeking employment in more than one
24non-public school, a teacher seeking concurrent part-time
25employment positions with more than one non-public school (as
26a reading specialist, special education teacher, or

 

 

SB2037- 705 -LRB102 17120 WGH 22551 b

1otherwise), or an educational support personnel employee
2seeking employment positions with more than one non-public
3school, then only one of the non-public schools employing the
4individual shall request the authorization. Upon receipt of
5this authorization, the non-public school shall submit the
6applicant's name, sex, race, date of birth, social security
7number, fingerprint images, and other identifiers, as
8prescribed by the Illinois Department of State Police, to the
9Illinois Department of State Police.
10    The Illinois Department of State Police and Federal Bureau
11of Investigation shall furnish, pursuant to a
12fingerprint-based criminal history records check, records of
13convictions, forever and hereafter, until expunged, to the
14president or principal of the non-public school that requested
15the check. The Illinois Department of State Police shall
16charge that school a fee for conducting such check, which fee
17must be deposited into the State Police Services Fund and must
18not exceed the cost of the inquiry. Subject to appropriations
19for these purposes, the State Superintendent of Education
20shall reimburse non-public schools for fees paid to obtain
21criminal history records checks under this Section.
22    A non-public school may not obtain recognition status
23unless the school also performs a check of the Statewide Sex
24Offender Database, as authorized by the Sex Offender Community
25Notification Law, for each applicant for employment, after
26July 1, 2007, to determine whether the applicant has been

 

 

SB2037- 706 -LRB102 17120 WGH 22551 b

1adjudicated a sex offender.
2    Any information concerning the record of convictions
3obtained by a non-public school's president or principal under
4this Section is confidential and may be disseminated only to
5the governing body of the non-public school or any other
6person necessary to the decision of hiring the applicant for
7employment. A copy of the record of convictions obtained from
8the Illinois Department of State Police shall be provided to
9the applicant for employment. Upon a check of the Statewide
10Sex Offender Database, the non-public school shall notify the
11applicant as to whether or not the applicant has been
12identified in the Sex Offender Database as a sex offender. Any
13information concerning the records of conviction obtained by
14the non-public school's president or principal under this
15Section for a substitute teacher seeking employment in more
16than one non-public school, a teacher seeking concurrent
17part-time employment positions with more than one non-public
18school (as a reading specialist, special education teacher, or
19otherwise), or an educational support personnel employee
20seeking employment positions with more than one non-public
21school may be shared with another non-public school's
22principal or president to which the applicant seeks
23employment. Any unauthorized release of confidential
24information may be a violation of Section 7 of the Criminal
25Identification Act.
26    No non-public school may obtain recognition status that

 

 

SB2037- 707 -LRB102 17120 WGH 22551 b

1knowingly employs a person, hired after July 1, 2007, for whom
2an Illinois a Department of State Police and Federal Bureau of
3Investigation fingerprint-based criminal history records check
4and a Statewide Sex Offender Database check has not been
5initiated or who has been convicted of any offense enumerated
6in Section 21B-80 of this Code or any offense committed or
7attempted in any other state or against the laws of the United
8States that, if committed or attempted in this State, would
9have been punishable as one or more of those offenses. No
10non-public school may obtain recognition status under this
11Section that knowingly employs a person who has been found to
12be the perpetrator of sexual or physical abuse of a minor under
1318 years of age pursuant to proceedings under Article II of the
14Juvenile Court Act of 1987.
15    In order to obtain recognition status under this Section,
16a non-public school must require compliance with the
17provisions of this subsection (c-5) from all employees of
18persons or firms holding contracts with the school, including,
19but not limited to, food service workers, school bus drivers,
20and other transportation employees, who have direct, daily
21contact with pupils. Any information concerning the records of
22conviction or identification as a sex offender of any such
23employee obtained by the non-public school principal or
24president must be promptly reported to the school's governing
25body.
26    Prior to the commencement of any student teaching

 

 

SB2037- 708 -LRB102 17120 WGH 22551 b

1experience or required internship (which is referred to as
2student teaching in this Section) in any non-public elementary
3or secondary school that has obtained or seeks to obtain
4recognition status under this Section, a student teacher is
5required to authorize a fingerprint-based criminal history
6records check. Authorization for and payment of the costs of
7the check must be furnished by the student teacher to the chief
8administrative officer of the non-public school where the
9student teaching is to be completed. Upon receipt of this
10authorization and payment, the chief administrative officer of
11the non-public school shall submit the student teacher's name,
12sex, race, date of birth, social security number, fingerprint
13images, and other identifiers, as prescribed by the Illinois
14Department of State Police, to the Illinois Department of
15State Police. The Illinois Department of State Police and the
16Federal Bureau of Investigation shall furnish, pursuant to a
17fingerprint-based criminal history records check, records of
18convictions, forever and hereinafter, until expunged, to the
19chief administrative officer of the non-public school that
20requested the check. The Illinois Department of State Police
21shall charge the school a fee for conducting the check, which
22fee must be passed on to the student teacher, must not exceed
23the cost of the inquiry, and must be deposited into the State
24Police Services Fund. The school shall further perform a check
25of the Statewide Sex Offender Database, as authorized by the
26Sex Offender Community Notification Law, and of the Statewide

 

 

SB2037- 709 -LRB102 17120 WGH 22551 b

1Murderer and Violent Offender Against Youth Database, as
2authorized by the Murderer and Violent Offender Against Youth
3Registration Act, for each student teacher. No school that has
4obtained or seeks to obtain recognition status under this
5Section may knowingly allow a person to student teach for whom
6a criminal history records check, a Statewide Sex Offender
7Database check, and a Statewide Murderer and Violent Offender
8Against Youth Database check have not been completed and
9reviewed by the chief administrative officer of the non-public
10school.
11    A copy of the record of convictions obtained from the
12Illinois Department of State Police must be provided to the
13student teacher. Any information concerning the record of
14convictions obtained by the chief administrative officer of
15the non-public school is confidential and may be transmitted
16only to the chief administrative officer of the non-public
17school or his or her designee, the State Superintendent of
18Education, the State Educator Preparation and Licensure Board,
19or, for clarification purposes, the Illinois Department of
20State Police or the Statewide Sex Offender Database or
21Statewide Murderer and Violent Offender Against Youth
22Database. Any unauthorized release of confidential information
23may be a violation of Section 7 of the Criminal Identification
24Act.
25    No school that has obtained or seeks to obtain recognition
26status under this Section may knowingly allow a person to

 

 

SB2037- 710 -LRB102 17120 WGH 22551 b

1student teach who has been convicted of any offense that would
2subject him or her to license suspension or revocation
3pursuant to Section 21B-80 of this Code or who has been found
4to be the perpetrator of sexual or physical abuse of a minor
5under 18 years of age pursuant to proceedings under Article II
6of the Juvenile Court Act of 1987.
7    (d) Public purposes. The provisions of this Section are in
8the public interest, for the public benefit, and serve secular
9public purposes.
10    (e) Definition. For purposes of this Section, a non-public
11school means any non-profit, non-home-based, and non-public
12elementary or secondary school that is in compliance with
13Title VI of the Civil Rights Act of 1964 and attendance at
14which satisfies the requirements of Section 26-1 of this Code.
15(Source: P.A. 99-21, eff. 1-1-16; 99-30, eff. 7-10-15.)
 
16    (105 ILCS 5/2-3.73)  (from Ch. 122, par. 2-3.73)
17    Sec. 2-3.73. Missing child program. The State Board of
18Education shall administer and implement a missing child
19program in accordance with the provisions of this Section.
20Upon receipt of each periodic information bulletin from the
21Illinois Department of State Police pursuant to Section 6 of
22the Intergovernmental Missing Child Recovery Act of 1984, the
23State Board of Education shall promptly disseminate the
24information to each school district in this State and to the
25principal or chief administrative officer of every nonpublic

 

 

SB2037- 711 -LRB102 17120 WGH 22551 b

1elementary and secondary school in this State registered with
2the State Board of Education. Upon receipt of such
3information, each school board shall compare the names on the
4bulletin to the names of all students presently enrolled in
5the schools of the district. If a school board or its designee
6determines that a missing child is attending one of the
7schools within the school district, or if the principal or
8chief administrative officer of a nonpublic school is notified
9by school personnel that a missing child is attending that
10school, the school board or the principal or chief
11administrative officer of the nonpublic school shall
12immediately give notice of this fact to the Illinois
13Department of State Police and the law enforcement agency
14having jurisdiction in the area where the missing child
15resides or attends school.
16(Source: P.A. 95-793, eff. 1-1-09; 96-734, eff. 8-25-09.)
 
17    (105 ILCS 5/2-3.140)
18    Sec. 2-3.140. Child abduction prevention instruction. The
19State Board of Education, in coordination with the Illinois
20Department of State Police, shall develop child abduction
21prevention instruction for inclusion in elementary and
22secondary school curricula throughout the State. The State
23Board of Education and the Illinois Department of State Police
24shall encourage the inclusion of the child abduction
25prevention instruction in private elementary and secondary

 

 

SB2037- 712 -LRB102 17120 WGH 22551 b

1school curricula throughout the State.
2(Source: P.A. 93-310, eff. 7-23-03.)
 
3    (105 ILCS 5/10-20.21a)
4    Sec. 10-20.21a. Contracts for charter bus services. To
5award contracts for providing charter bus services for the
6sole purpose of transporting students regularly enrolled in
7grade 12 or below to or from interscholastic athletic or
8interscholastic or school sponsored activities.
9    All contracts for providing charter bus services for the
10sole purpose of transporting students regularly enrolled in
11grade 12 or below to or from interscholastic athletic or
12interscholastic or school sponsored activities must contain
13clause (A) as set forth below, except that a contract with an
14out-of-state company may contain clause (B), as set forth
15below, or clause (A). The clause must be set forth in the body
16of the contract in typeface of at least 12 points and all upper
17case letters:
18    (A) "ALL OF THE CHARTER BUS DRIVERS WHO WILL BE PROVIDING
19SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE BEFORE ANY
20SERVICES ARE PROVIDED:
21        (1) SUBMITTED THEIR FINGERPRINTS TO THE ILLINOIS
22    DEPARTMENT OF STATE POLICE IN THE FORM AND MANNER
23    PRESCRIBED BY THE ILLINOIS DEPARTMENT OF STATE POLICE.
24    THESE FINGERPRINTS SHALL BE CHECKED AGAINST THE
25    FINGERPRINT RECORDS NOW AND HEREAFTER FILED IN THE

 

 

SB2037- 713 -LRB102 17120 WGH 22551 b

1    ILLINOIS DEPARTMENT OF STATE POLICE AND FEDERAL BUREAU OF
2    INVESTIGATION CRIMINAL HISTORY RECORDS DATABASES. THE
3    FINGERPRINT CHECK HAS RESULTED IN A DETERMINATION THAT
4    THEY HAVE NOT BEEN CONVICTED OF COMMITTING ANY OF THE
5    OFFENSES SET FORTH IN SUBDIVISION (C-1)(4) OF SECTION
6    6-508 OF THE ILLINOIS VEHICLE CODE; AND
7        (2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL
8    BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,
9    INCLUDING TESTS FOR DRUG USE, TO A STATE REGULATORY
10    AGENCY."
11    (B) "NOT ALL OF THE CHARTER BUS DRIVERS WHO WILL BE
12PROVIDING SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE
13BEFORE ANY SERVICES ARE PROVIDED:
14        (1) SUBMITTED THEIR FINGERPRINTS TO THE ILLINOIS
15    DEPARTMENT OF STATE POLICE IN THE FORM AND MANNER
16    PRESCRIBED BY THE ILLINOIS DEPARTMENT OF STATE POLICE.
17    THESE FINGERPRINTS SHALL BE CHECKED AGAINST THE
18    FINGERPRINT RECORDS NOW AND HEREAFTER FILED IN THE
19    ILLINOIS DEPARTMENT OF STATE POLICE AND FEDERAL BUREAU OF
20    INVESTIGATION CRIMINAL HISTORY RECORDS DATABASES. THE
21    FINGERPRINT CHECK HAS RESULTED IN A DETERMINATION THAT
22    THEY HAVE NOT BEEN CONVICTED OF COMMITTING ANY OF THE
23    OFFENSES SET FORTH IN SUBDIVISION (C-1)(4) OF SECTION
24    6-508 OF THE ILLINOIS VEHICLE CODE; AND
25        (2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL
26    BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,

 

 

SB2037- 714 -LRB102 17120 WGH 22551 b

1    INCLUDING TESTS FOR DRUG USE, TO A STATE REGULATORY
2    AGENCY."
3(Source: P.A. 95-331, eff. 8-21-07.)
 
4    (105 ILCS 5/10-21.7)  (from Ch. 122, par. 10-21.7)
5    Sec. 10-21.7. Attacks on school personnel.
6    (a) In the Section, "school" means any public or private
7elementary or secondary school.
8    (b) Upon receipt of a written complaint from any school
9personnel, the superintendent, or other appropriate
10administrative officer for a private school, shall report all
11incidents of battery committed against teachers, teacher
12personnel, administrative personnel or educational support
13personnel to the local law enforcement authorities immediately
14after the occurrence of the attack and to the Illinois
15Department of State Police's Illinois Uniform Crime Reporting
16Program no later than 3 days after the occurrence of the
17attack. The State Board of Education shall receive monthly as
18well as annual statistical compilations of attacks on school
19personnel from the Illinois Department of State Police through
20the Illinois Uniform Crime Reporting Program. The State Board
21of Education shall compile this information by school district
22and make it available to the public.
23(Source: P.A. 91-491, eff. 8-13-99.)
 
24    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)

 

 

SB2037- 715 -LRB102 17120 WGH 22551 b

1    Sec. 10-21.9. Criminal history records checks and checks
2of the Statewide Sex Offender Database and Statewide Murderer
3and Violent Offender Against Youth Database.
4    (a) Licensed and nonlicensed applicants for employment
5with a school district, except school bus driver applicants,
6are required as a condition of employment to authorize a
7fingerprint-based criminal history records check to determine
8if such applicants have been convicted of any disqualifying,
9enumerated criminal or drug offenses in subsection (c) of this
10Section or have been convicted, within 7 years of the
11application for employment with the school district, of any
12other felony under the laws of this State or of any offense
13committed or attempted in any other state or against the laws
14of the United States that, if committed or attempted in this
15State, would have been punishable as a felony under the laws of
16this State. Authorization for the check shall be furnished by
17the applicant to the school district, except that if the
18applicant is a substitute teacher seeking employment in more
19than one school district, a teacher seeking concurrent
20part-time employment positions with more than one school
21district (as a reading specialist, special education teacher
22or otherwise), or an educational support personnel employee
23seeking employment positions with more than one district, any
24such district may require the applicant to furnish
25authorization for the check to the regional superintendent of
26the educational service region in which are located the school

 

 

SB2037- 716 -LRB102 17120 WGH 22551 b

1districts in which the applicant is seeking employment as a
2substitute or concurrent part-time teacher or concurrent
3educational support personnel employee. Upon receipt of this
4authorization, the school district or the appropriate regional
5superintendent, as the case may be, shall submit the
6applicant's name, sex, race, date of birth, social security
7number, fingerprint images, and other identifiers, as
8prescribed by the Illinois Department of State Police, to the
9Illinois State Police Department. The regional superintendent
10submitting the requisite information to the Illinois
11Department of State Police shall promptly notify the school
12districts in which the applicant is seeking employment as a
13substitute or concurrent part-time teacher or concurrent
14educational support personnel employee that the check of the
15applicant has been requested. The Illinois Department of State
16Police and the Federal Bureau of Investigation shall furnish,
17pursuant to a fingerprint-based criminal history records
18check, records of convictions, forever and hereinafter, until
19expunged, to the president of the school board for the school
20district that requested the check, or to the regional
21superintendent who requested the check. The Illinois State
22Police Department shall charge the school district or the
23appropriate regional superintendent a fee for conducting such
24check, which fee shall be deposited in the State Police
25Services Fund and shall not exceed the cost of the inquiry; and
26the applicant shall not be charged a fee for such check by the

 

 

SB2037- 717 -LRB102 17120 WGH 22551 b

1school district or by the regional superintendent, except that
2those applicants seeking employment as a substitute teacher
3with a school district may be charged a fee not to exceed the
4cost of the inquiry. Subject to appropriations for these
5purposes, the State Superintendent of Education shall
6reimburse school districts and regional superintendents for
7fees paid to obtain criminal history records checks under this
8Section.
9    (a-5) The school district or regional superintendent shall
10further perform a check of the Statewide Sex Offender
11Database, as authorized by the Sex Offender Community
12Notification Law, for each applicant. The check of the
13Statewide Sex Offender Database must be conducted by the
14school district or regional superintendent once for every 5
15years that an applicant remains employed by the school
16district.
17    (a-6) The school district or regional superintendent shall
18further perform a check of the Statewide Murderer and Violent
19Offender Against Youth Database, as authorized by the Murderer
20and Violent Offender Against Youth Community Notification Law,
21for each applicant. The check of the Murderer and Violent
22Offender Against Youth Database must be conducted by the
23school district or regional superintendent once for every 5
24years that an applicant remains employed by the school
25district.
26    (b) Any information concerning the record of convictions

 

 

SB2037- 718 -LRB102 17120 WGH 22551 b

1obtained by the president of the school board or the regional
2superintendent shall be confidential and may only be
3transmitted to the superintendent of the school district or
4his designee, the appropriate regional superintendent if the
5check was requested by the school district, the presidents of
6the appropriate school boards if the check was requested from
7the Illinois Department of State Police by the regional
8superintendent, the State Board of Education and a school
9district as authorized under subsection (b-5), the State
10Superintendent of Education, the State Educator Preparation
11and Licensure Board, any other person necessary to the
12decision of hiring the applicant for employment, or for
13clarification purposes the Illinois Department of State Police
14or Statewide Sex Offender Database, or both. A copy of the
15record of convictions obtained from the Illinois Department of
16State Police shall be provided to the applicant for
17employment. Upon the check of the Statewide Sex Offender
18Database or Statewide Murderer and Violent Offender Against
19Youth Database, the school district or regional superintendent
20shall notify an applicant as to whether or not the applicant
21has been identified in the Database. If a check of an applicant
22for employment as a substitute or concurrent part-time teacher
23or concurrent educational support personnel employee in more
24than one school district was requested by the regional
25superintendent, and the Illinois Department of State Police
26upon a check ascertains that the applicant has not been

 

 

SB2037- 719 -LRB102 17120 WGH 22551 b

1convicted of any of the enumerated criminal or drug offenses
2in subsection (c) of this Section or has not been convicted,
3within 7 years of the application for employment with the
4school district, of any other felony under the laws of this
5State or of any offense committed or attempted in any other
6state or against the laws of the United States that, if
7committed or attempted in this State, would have been
8punishable as a felony under the laws of this State and so
9notifies the regional superintendent and if the regional
10superintendent upon a check ascertains that the applicant has
11not been identified in the Sex Offender Database or Statewide
12Murderer and Violent Offender Against Youth Database, then the
13regional superintendent shall issue to the applicant a
14certificate evidencing that as of the date specified by the
15Illinois Department of State Police the applicant has not been
16convicted of any of the enumerated criminal or drug offenses
17in subsection (c) of this Section or has not been convicted,
18within 7 years of the application for employment with the
19school district, of any other felony under the laws of this
20State or of any offense committed or attempted in any other
21state or against the laws of the United States that, if
22committed or attempted in this State, would have been
23punishable as a felony under the laws of this State and
24evidencing that as of the date that the regional
25superintendent conducted a check of the Statewide Sex Offender
26Database or Statewide Murderer and Violent Offender Against

 

 

SB2037- 720 -LRB102 17120 WGH 22551 b

1Youth Database, the applicant has not been identified in the
2Database. The school board of any school district may rely on
3the certificate issued by any regional superintendent to that
4substitute teacher, concurrent part-time teacher, or
5concurrent educational support personnel employee or may
6initiate its own criminal history records check of the
7applicant through the Illinois Department of State Police and
8its own check of the Statewide Sex Offender Database or
9Statewide Murderer and Violent Offender Against Youth Database
10as provided in this Section. Any unauthorized release of
11confidential information may be a violation of Section 7 of
12the Criminal Identification Act.
13    (b-5) If a criminal history records check or check of the
14Statewide Sex Offender Database or Statewide Murderer and
15Violent Offender Against Youth Database is performed by a
16regional superintendent for an applicant seeking employment as
17a substitute teacher with a school district, the regional
18superintendent may disclose to the State Board of Education
19whether the applicant has been issued a certificate under
20subsection (b) based on those checks. If the State Board
21receives information on an applicant under this subsection,
22then it must indicate in the Educator Licensure Information
23System for a 90-day period that the applicant has been issued
24or has not been issued a certificate.
25    (c) No school board shall knowingly employ a person who
26has been convicted of any offense that would subject him or her

 

 

SB2037- 721 -LRB102 17120 WGH 22551 b

1to license suspension or revocation pursuant to Section 21B-80
2of this Code, except as provided under subsection (b) of
3Section 21B-80. Further, no school board shall knowingly
4employ a person who has been found to be the perpetrator of
5sexual or physical abuse of any minor under 18 years of age
6pursuant to proceedings under Article II of the Juvenile Court
7Act of 1987. As a condition of employment, each school board
8must consider the status of a person who has been issued an
9indicated finding of abuse or neglect of a child by the
10Department of Children and Family Services under the Abused
11and Neglected Child Reporting Act or by a child welfare agency
12of another jurisdiction.
13    (d) No school board shall knowingly employ a person for
14whom a criminal history records check and a Statewide Sex
15Offender Database check have not been initiated.
16    (e) Within 10 days after a superintendent, regional office
17of education, or entity that provides background checks of
18license holders to public schools receives information of a
19pending criminal charge against a license holder for an
20offense set forth in Section 21B-80 of this Code, the
21superintendent, regional office of education, or entity must
22notify the State Superintendent of Education of the pending
23criminal charge.
24    If permissible by federal or State law, no later than 15
25business days after receipt of a record of conviction or of
26checking the Statewide Murderer and Violent Offender Against

 

 

SB2037- 722 -LRB102 17120 WGH 22551 b

1Youth Database or the Statewide Sex Offender Database and
2finding a registration, the superintendent of the employing
3school board or the applicable regional superintendent shall,
4in writing, notify the State Superintendent of Education of
5any license holder who has been convicted of a crime set forth
6in Section 21B-80 of this Code. Upon receipt of the record of a
7conviction of or a finding of child abuse by a holder of any
8license issued pursuant to Article 21B or Section 34-8.1 or
934-83 of the School Code, the State Superintendent of
10Education may initiate licensure suspension and revocation
11proceedings as authorized by law. If the receipt of the record
12of conviction or finding of child abuse is received within 6
13months after the initial grant of or renewal of a license, the
14State Superintendent of Education may rescind the license
15holder's license.
16    (e-5) The superintendent of the employing school board
17shall, in writing, notify the State Superintendent of
18Education and the applicable regional superintendent of
19schools of any license holder whom he or she has reasonable
20cause to believe has committed an intentional act of abuse or
21neglect with the result of making a child an abused child or a
22neglected child, as defined in Section 3 of the Abused and
23Neglected Child Reporting Act, and that act resulted in the
24license holder's dismissal or resignation from the school
25district. This notification must be submitted within 30 days
26after the dismissal or resignation. The license holder must

 

 

SB2037- 723 -LRB102 17120 WGH 22551 b

1also be contemporaneously sent a copy of the notice by the
2superintendent. All correspondence, documentation, and other
3information so received by the regional superintendent of
4schools, the State Superintendent of Education, the State
5Board of Education, or the State Educator Preparation and
6Licensure Board under this subsection (e-5) is confidential
7and must not be disclosed to third parties, except (i) as
8necessary for the State Superintendent of Education or his or
9her designee to investigate and prosecute pursuant to Article
1021B of this Code, (ii) pursuant to a court order, (iii) for
11disclosure to the license holder or his or her representative,
12or (iv) as otherwise provided in this Article and provided
13that any such information admitted into evidence in a hearing
14is exempt from this confidentiality and non-disclosure
15requirement. Except for an act of willful or wanton
16misconduct, any superintendent who provides notification as
17required in this subsection (e-5) shall have immunity from any
18liability, whether civil or criminal or that otherwise might
19result by reason of such action.
20    (f) After January 1, 1990 the provisions of this Section
21shall apply to all employees of persons or firms holding
22contracts with any school district including, but not limited
23to, food service workers, school bus drivers and other
24transportation employees, who have direct, daily contact with
25the pupils of any school in such district. For purposes of
26criminal history records checks and checks of the Statewide

 

 

SB2037- 724 -LRB102 17120 WGH 22551 b

1Sex Offender Database on employees of persons or firms holding
2contracts with more than one school district and assigned to
3more than one school district, the regional superintendent of
4the educational service region in which the contracting school
5districts are located may, at the request of any such school
6district, be responsible for receiving the authorization for a
7criminal history records check prepared by each such employee
8and submitting the same to the Illinois Department of State
9Police and for conducting a check of the Statewide Sex
10Offender Database for each employee. Any information
11concerning the record of conviction and identification as a
12sex offender of any such employee obtained by the regional
13superintendent shall be promptly reported to the president of
14the appropriate school board or school boards.
15    (f-5) Upon request of a school or school district, any
16information obtained by a school district pursuant to
17subsection (f) of this Section within the last year must be
18made available to the requesting school or school district.
19    (g) Prior to the commencement of any student teaching
20experience or required internship (which is referred to as
21student teaching in this Section) in the public schools, a
22student teacher is required to authorize a fingerprint-based
23criminal history records check. Authorization for and payment
24of the costs of the check must be furnished by the student
25teacher to the school district where the student teaching is
26to be completed. Upon receipt of this authorization and

 

 

SB2037- 725 -LRB102 17120 WGH 22551 b

1payment, the school district shall submit the student
2teacher's name, sex, race, date of birth, social security
3number, fingerprint images, and other identifiers, as
4prescribed by the Illinois Department of State Police, to the
5Illinois Department of State Police. The Illinois Department
6of State Police and the Federal Bureau of Investigation shall
7furnish, pursuant to a fingerprint-based criminal history
8records check, records of convictions, forever and
9hereinafter, until expunged, to the president of the school
10board for the school district that requested the check. The
11Illinois State Police Department shall charge the school
12district a fee for conducting the check, which fee must not
13exceed the cost of the inquiry and must be deposited into the
14State Police Services Fund. The school district shall further
15perform a check of the Statewide Sex Offender Database, as
16authorized by the Sex Offender Community Notification Law, and
17of the Statewide Murderer and Violent Offender Against Youth
18Database, as authorized by the Murderer and Violent Offender
19Against Youth Registration Act, for each student teacher. No
20school board may knowingly allow a person to student teach for
21whom a criminal history records check, a Statewide Sex
22Offender Database check, and a Statewide Murderer and Violent
23Offender Against Youth Database check have not been completed
24and reviewed by the district.
25    A copy of the record of convictions obtained from the
26Illinois Department of State Police must be provided to the

 

 

SB2037- 726 -LRB102 17120 WGH 22551 b

1student teacher. Any information concerning the record of
2convictions obtained by the president of the school board is
3confidential and may only be transmitted to the superintendent
4of the school district or his or her designee, the State
5Superintendent of Education, the State Educator Preparation
6and Licensure Board, or, for clarification purposes, the
7Illinois Department of State Police or the Statewide Sex
8Offender Database or Statewide Murderer and Violent Offender
9Against Youth Database. Any unauthorized release of
10confidential information may be a violation of Section 7 of
11the Criminal Identification Act.
12    No school board shall knowingly allow a person to student
13teach who has been convicted of any offense that would subject
14him or her to license suspension or revocation pursuant to
15subsection (c) of Section 21B-80 of this Code, except as
16provided under subsection (b) of Section 21B-80. Further, no
17school board shall allow a person to student teach if he or she
18has been found to be the perpetrator of sexual or physical
19abuse of a minor under 18 years of age pursuant to proceedings
20under Article II of the Juvenile Court Act of 1987. Each school
21board must consider the status of a person to student teach who
22has been issued an indicated finding of abuse or neglect of a
23child by the Department of Children and Family Services under
24the Abused and Neglected Child Reporting Act or by a child
25welfare agency of another jurisdiction.
26    (h) (Blank).

 

 

SB2037- 727 -LRB102 17120 WGH 22551 b

1(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
2101-643, eff. 6-18-20.)
 
3    (105 ILCS 5/10-27.1A)
4    Sec. 10-27.1A. Firearms in schools.
5    (a) All school officials, including teachers, guidance
6counselors, and support staff, shall immediately notify the
7office of the principal in the event that they observe any
8person in possession of a firearm on school grounds; provided
9that taking such immediate action to notify the office of the
10principal would not immediately endanger the health, safety,
11or welfare of students who are under the direct supervision of
12the school official or the school official. If the health,
13safety, or welfare of students under the direct supervision of
14the school official or of the school official is immediately
15endangered, the school official shall notify the office of the
16principal as soon as the students under his or her supervision
17and he or she are no longer under immediate danger. A report is
18not required by this Section when the school official knows
19that the person in possession of the firearm is a law
20enforcement official engaged in the conduct of his or her
21official duties. Any school official acting in good faith who
22makes such a report under this Section shall have immunity
23from any civil or criminal liability that might otherwise be
24incurred as a result of making the report. The identity of the
25school official making such report shall not be disclosed

 

 

SB2037- 728 -LRB102 17120 WGH 22551 b

1except as expressly and specifically authorized by law.
2Knowingly and willfully failing to comply with this Section is
3a petty offense. A second or subsequent offense is a Class C
4misdemeanor.
5    (b) Upon receiving a report from any school official
6pursuant to this Section, or from any other person, the
7principal or his or her designee shall immediately notify a
8local law enforcement agency. If the person found to be in
9possession of a firearm on school grounds is a student, the
10principal or his or her designee shall also immediately notify
11that student's parent or guardian. Any principal or his or her
12designee acting in good faith who makes such reports under
13this Section shall have immunity from any civil or criminal
14liability that might otherwise be incurred or imposed as a
15result of making the reports. Knowingly and willfully failing
16to comply with this Section is a petty offense. A second or
17subsequent offense is a Class C misdemeanor. If the person
18found to be in possession of the firearm on school grounds is a
19minor, the law enforcement agency shall detain that minor
20until such time as the agency makes a determination pursuant
21to clause (a) of subsection (1) of Section 5-401 of the
22Juvenile Court Act of 1987, as to whether the agency
23reasonably believes that the minor is delinquent. If the law
24enforcement agency determines that probable cause exists to
25believe that the minor committed a violation of item (4) of
26subsection (a) of Section 24-1 of the Criminal Code of 2012

 

 

SB2037- 729 -LRB102 17120 WGH 22551 b

1while on school grounds, the agency shall detain the minor for
2processing pursuant to Section 5-407 of the Juvenile Court Act
3of 1987.
4    (c) On or after January 1, 1997, upon receipt of any
5written, electronic, or verbal report from any school
6personnel regarding a verified incident involving a firearm in
7a school or on school owned or leased property, including any
8conveyance owned, leased, or used by the school for the
9transport of students or school personnel, the superintendent
10or his or her designee shall report all such firearm-related
11incidents occurring in a school or on school property to the
12local law enforcement authorities immediately and to the
13Illinois Department of State Police in a form, manner, and
14frequency as prescribed by the Illinois Department of State
15Police.
16    The State Board of Education shall receive an annual
17statistical compilation and related data associated with
18incidents involving firearms in schools from the Illinois
19Department of State Police. The State Board of Education shall
20compile this information by school district and make it
21available to the public.
22    (d) As used in this Section, the term "firearm" shall have
23the meaning ascribed to it in Section 1.1 of the Firearm Owners
24Identification Card Act.
25    As used in this Section, the term "school" means any
26public or private elementary or secondary school.

 

 

SB2037- 730 -LRB102 17120 WGH 22551 b

1    As used in this Section, the term "school grounds"
2includes the real property comprising any school, any
3conveyance owned, leased, or contracted by a school to
4transport students to or from school or a school-related
5activity, or any public way within 1,000 feet of the real
6property comprising any school.
7(Source: P.A. 97-1150, eff. 1-25-13.)
 
8    (105 ILCS 5/10-27.1B)
9    Sec. 10-27.1B. Reporting drug-related incidents in
10schools.
11    (a) In this Section:
12    "Drug" means "cannabis" as defined under subsection (a) of
13Section 3 of the Cannabis Control Act, "narcotic drug" as
14defined under subsection (aa) of Section 102 of the Illinois
15Controlled Substances Act, or "methamphetamine" as defined
16under Section 10 of the Methamphetamine Control and Community
17Protection Act.
18    "School" means any public or private elementary or
19secondary school.
20    (b) Upon receipt of any written, electronic, or verbal
21report from any school personnel regarding a verified incident
22involving drugs in a school or on school owned or leased
23property, including any conveyance owned, leased, or used by
24the school for the transport of students or school personnel,
25the superintendent or his or her designee, or other

 

 

SB2037- 731 -LRB102 17120 WGH 22551 b

1appropriate administrative officer for a private school, shall
2report all such drug-related incidents occurring in a school
3or on school property to the local law enforcement authorities
4immediately and to the Illinois Department of State Police in
5a form, manner, and frequency as prescribed by the Illinois
6Department of State Police.
7    (c) The State Board of Education shall receive an annual
8statistical compilation and related data associated with
9drug-related incidents in schools from the Illinois Department
10of State Police. The State Board of Education shall compile
11this information by school district and make it available to
12the public.
13(Source: P.A. 94-556, eff. 9-11-05.)
 
14    (105 ILCS 5/34-2.1)  (from Ch. 122, par. 34-2.1)
15    Sec. 34-2.1. Local School Councils - Composition -
16Voter-Eligibility - Elections - Terms.
17    (a) A local school council shall be established for each
18attendance center within the school district. Each local
19school council shall consist of the following 12 voting
20members: the principal of the attendance center, 2 teachers
21employed and assigned to perform the majority of their
22employment duties at the attendance center, 6 parents of
23students currently enrolled at the attendance center, one
24employee of the school district employed and assigned to
25perform the majority of his or her employment duties at the

 

 

SB2037- 732 -LRB102 17120 WGH 22551 b

1attendance center who is not a teacher, and 2 community
2residents. Neither the parents nor the community residents who
3serve as members of the local school council shall be
4employees of the Board of Education. In each secondary
5attendance center, the local school council shall consist of
613 voting members -- the 12 voting members described above and
7one full-time student member, appointed as provided in
8subsection (m) below. In the event that the chief executive
9officer of the Chicago School Reform Board of Trustees
10determines that a local school council is not carrying out its
11financial duties effectively, the chief executive officer is
12authorized to appoint a representative of the business
13community with experience in finance and management to serve
14as an advisor to the local school council for the purpose of
15providing advice and assistance to the local school council on
16fiscal matters. The advisor shall have access to relevant
17financial records of the local school council. The advisor may
18attend executive sessions. The chief executive officer shall
19issue a written policy defining the circumstances under which
20a local school council is not carrying out its financial
21duties effectively.
22    (b) Within 7 days of January 11, 1991, the Mayor shall
23appoint the members and officers (a Chairperson who shall be a
24parent member and a Secretary) of each local school council
25who shall hold their offices until their successors shall be
26elected and qualified. Members so appointed shall have all the

 

 

SB2037- 733 -LRB102 17120 WGH 22551 b

1powers and duties of local school councils as set forth in this
2amendatory Act of 1991. The Mayor's appointments shall not
3require approval by the City Council.
4    The membership of each local school council shall be
5encouraged to be reflective of the racial and ethnic
6composition of the student population of the attendance center
7served by the local school council.
8    (c) Beginning with the 1995-1996 school year and in every
9even-numbered year thereafter, the Board shall set second
10semester Parent Report Card Pick-up Day for Local School
11Council elections and may schedule elections at year-round
12schools for the same dates as the remainder of the school
13system. Elections shall be conducted as provided herein by the
14Board of Education in consultation with the local school
15council at each attendance center.
16    (c-5) Notwithstanding subsection (c), for the local school
17council election set for the 2019-2020 school year, the Board
18may hold the election on the first semester Parent Report Card
19Pick-up Day of the 2020-2021 school year, making any necessary
20modifications to the election process or date to comply with
21guidance from the Department of Public Health and the federal
22Centers for Disease Control and Prevention. The terms of
23office of all local school council members eligible to serve
24and seated on or after March 23, 2020 through January 10, 2021
25are extended through January 10, 2021, provided that the
26members continue to meet eligibility requirements for local

 

 

SB2037- 734 -LRB102 17120 WGH 22551 b

1school council membership.
2    (d) Beginning with the 1995-96 school year, the following
3procedures shall apply to the election of local school council
4members at each attendance center:
5        (i) The elected members of each local school council
6    shall consist of the 6 parent members and the 2 community
7    resident members.
8        (ii) Each elected member shall be elected by the
9    eligible voters of that attendance center to serve for a
10    two-year term commencing on July 1 immediately following
11    the election described in subsection (c), except that the
12    terms of members elected to a local school council under
13    subsection (c-5) shall commence on January 11, 2021 and
14    end on July 1, 2022. Eligible voters for each attendance
15    center shall consist of the parents and community
16    residents for that attendance center.
17        (iii) Each eligible voter shall be entitled to cast
18    one vote for up to a total of 5 candidates, irrespective of
19    whether such candidates are parent or community resident
20    candidates.
21        (iv) Each parent voter shall be entitled to vote in
22    the local school council election at each attendance
23    center in which he or she has a child currently enrolled.
24    Each community resident voter shall be entitled to vote in
25    the local school council election at each attendance
26    center for which he or she resides in the applicable

 

 

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1    attendance area or voting district, as the case may be.
2        (v) Each eligible voter shall be entitled to vote
3    once, but not more than once, in the local school council
4    election at each attendance center at which the voter is
5    eligible to vote.
6        (vi) The 2 teacher members and the non-teacher
7    employee member of each local school council shall be
8    appointed as provided in subsection (l) below each to
9    serve for a two-year term coinciding with that of the
10    elected parent and community resident members. From March
11    23, 2020 through January 10, 2021, the chief executive
12    officer or his or her designee may make accommodations to
13    fill the vacancy of a teacher or non-teacher employee
14    member of a local school council.
15        (vii) At secondary attendance centers, the voting
16    student member shall be appointed as provided in
17    subsection (m) below to serve for a one-year term
18    coinciding with the beginning of the terms of the elected
19    parent and community members of the local school council.
20    For the 2020-2021 school year, the chief executive officer
21    or his or her designee may make accommodations to fill the
22    vacancy of a student member of a local school council.
23    (e) The Council shall publicize the date and place of the
24election by posting notices at the attendance center, in
25public places within the attendance boundaries of the
26attendance center and by distributing notices to the pupils at

 

 

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1the attendance center, and shall utilize such other means as
2it deems necessary to maximize the involvement of all eligible
3voters.
4    (f) Nomination. The Council shall publicize the opening of
5nominations by posting notices at the attendance center, in
6public places within the attendance boundaries of the
7attendance center and by distributing notices to the pupils at
8the attendance center, and shall utilize such other means as
9it deems necessary to maximize the involvement of all eligible
10voters. Not less than 2 weeks before the election date,
11persons eligible to run for the Council shall submit their
12name, date of birth, social security number, if available, and
13some evidence of eligibility to the Council. The Council shall
14encourage nomination of candidates reflecting the
15racial/ethnic population of the students at the attendance
16center. Each person nominated who runs as a candidate shall
17disclose, in a manner determined by the Board, any economic
18interest held by such person, by such person's spouse or
19children, or by each business entity in which such person has
20an ownership interest, in any contract with the Board, any
21local school council or any public school in the school
22district. Each person nominated who runs as a candidate shall
23also disclose, in a manner determined by the Board, if he or
24she ever has been convicted of any of the offenses specified in
25subsection (c) of Section 34-18.5; provided that neither this
26provision nor any other provision of this Section shall be

 

 

SB2037- 737 -LRB102 17120 WGH 22551 b

1deemed to require the disclosure of any information that is
2contained in any law enforcement record or juvenile court
3record that is confidential or whose accessibility or
4disclosure is restricted or prohibited under Section 5-901 or
55-905 of the Juvenile Court Act of 1987. Failure to make such
6disclosure shall render a person ineligible for election or to
7serve on the local school council. The same disclosure shall
8be required of persons under consideration for appointment to
9the Council pursuant to subsections (l) and (m) of this
10Section.
11    (f-5) Notwithstanding disclosure, a person who has been
12convicted of any of the following offenses at any time shall be
13ineligible for election or appointment to a local school
14council and ineligible for appointment to a local school
15council pursuant to subsections (l) and (m) of this Section:
16(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
1711-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
1811-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
1912-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
20Section 11-14.3, of the Criminal Code of 1961 or the Criminal
21Code of 2012, or (ii) any offense committed or attempted in any
22other state or against the laws of the United States, which, if
23committed or attempted in this State, would have been
24punishable as one or more of the foregoing offenses.
25Notwithstanding disclosure, a person who has been convicted of
26any of the following offenses within the 10 years previous to

 

 

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1the date of nomination or appointment shall be ineligible for
2election or appointment to a local school council: (i) those
3defined in Section 401.1, 405.1, or 405.2 of the Illinois
4Controlled Substances Act or (ii) any offense committed or
5attempted in any other state or against the laws of the United
6States, which, if committed or attempted in this State, would
7have been punishable as one or more of the foregoing offenses.
8    Immediately upon election or appointment, incoming local
9school council members shall be required to undergo a criminal
10background investigation, to be completed prior to the member
11taking office, in order to identify any criminal convictions
12under the offenses enumerated in Section 34-18.5. The
13investigation shall be conducted by the Illinois Department of
14State Police in the same manner as provided for in Section
1534-18.5. However, notwithstanding Section 34-18.5, the social
16security number shall be provided only if available. If it is
17determined at any time that a local school council member or
18member-elect has been convicted of any of the offenses
19enumerated in this Section or failed to disclose a conviction
20of any of the offenses enumerated in Section 34-18.5, the
21general superintendent shall notify the local school council
22member or member-elect of such determination and the local
23school council member or member-elect shall be removed from
24the local school council by the Board, subject to a hearing,
25convened pursuant to Board rule, prior to removal.
26    (g) At least one week before the election date, the

 

 

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1Council shall publicize, in the manner provided in subsection
2(e), the names of persons nominated for election.
3    (h) Voting shall be in person by secret ballot at the
4attendance center between the hours of 6:00 a.m. and 7:00 p.m.
5    (i) Candidates receiving the highest number of votes shall
6be declared elected by the Council. In cases of a tie, the
7Council shall determine the winner by lot.
8    (j) The Council shall certify the results of the election
9and shall publish the results in the minutes of the Council.
10    (k) The general superintendent shall resolve any disputes
11concerning election procedure or results and shall ensure
12that, except as provided in subsections (e) and (g), no
13resources of any attendance center shall be used to endorse or
14promote any candidate.
15    (l) Beginning with the 1995-1996 school year and in every
16even numbered year thereafter, the Board shall appoint 2
17teacher members to each local school council. These
18appointments shall be made in the following manner:
19        (i) The Board shall appoint 2 teachers who are
20    employed and assigned to perform the majority of their
21    employment duties at the attendance center to serve on the
22    local school council of the attendance center for a
23    two-year term coinciding with the terms of the elected
24    parent and community members of that local school council.
25    These appointments shall be made from among those teachers
26    who are nominated in accordance with subsection (f).

 

 

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1        (ii) A non-binding, advisory poll to ascertain the
2    preferences of the school staff regarding appointments of
3    teachers to the local school council for that attendance
4    center shall be conducted in accordance with the
5    procedures used to elect parent and community Council
6    representatives. At such poll, each member of the school
7    staff shall be entitled to indicate his or her preference
8    for up to 2 candidates from among those who submitted
9    statements of candidacy as described above. These
10    preferences shall be advisory only and the Board shall
11    maintain absolute discretion to appoint teacher members to
12    local school councils, irrespective of the preferences
13    expressed in any such poll.
14        (iii) In the event that a teacher representative is
15    unable to perform his or her employment duties at the
16    school due to illness, disability, leave of absence,
17    disciplinary action, or any other reason, the Board shall
18    declare a temporary vacancy and appoint a replacement
19    teacher representative to serve on the local school
20    council until such time as the teacher member originally
21    appointed pursuant to this subsection (l) resumes service
22    at the attendance center or for the remainder of the term.
23    The replacement teacher representative shall be appointed
24    in the same manner and by the same procedures as teacher
25    representatives are appointed in subdivisions (i) and (ii)
26    of this subsection (l).

 

 

SB2037- 741 -LRB102 17120 WGH 22551 b

1    (m) Beginning with the 1995-1996 school year, and in every
2year thereafter, the Board shall appoint one student member to
3each secondary attendance center. These appointments shall be
4made in the following manner:
5        (i) Appointments shall be made from among those
6    students who submit statements of candidacy to the
7    principal of the attendance center, such statements to be
8    submitted commencing on the first day of the twentieth
9    week of school and continuing for 2 weeks thereafter. The
10    form and manner of such candidacy statements shall be
11    determined by the Board.
12        (ii) During the twenty-second week of school in every
13    year, the principal of each attendance center shall
14    conduct a non-binding, advisory poll to ascertain the
15    preferences of the school students regarding the
16    appointment of a student to the local school council for
17    that attendance center. At such poll, each student shall
18    be entitled to indicate his or her preference for up to one
19    candidate from among those who submitted statements of
20    candidacy as described above. The Board shall promulgate
21    rules to ensure that these non-binding, advisory polls are
22    conducted in a fair and equitable manner and maximize the
23    involvement of all school students. The preferences
24    expressed in these non-binding, advisory polls shall be
25    transmitted by the principal to the Board. However, these
26    preferences shall be advisory only and the Board shall

 

 

SB2037- 742 -LRB102 17120 WGH 22551 b

1    maintain absolute discretion to appoint student members to
2    local school councils, irrespective of the preferences
3    expressed in any such poll.
4        (iii) For the 1995-96 school year only, appointments
5    shall be made from among those students who submitted
6    statements of candidacy to the principal of the attendance
7    center during the first 2 weeks of the school year. The
8    principal shall communicate the results of any nonbinding,
9    advisory poll to the Board. These results shall be
10    advisory only, and the Board shall maintain absolute
11    discretion to appoint student members to local school
12    councils, irrespective of the preferences expressed in any
13    such poll.
14    (n) The Board may promulgate such other rules and
15regulations for election procedures as may be deemed necessary
16to ensure fair elections.
17    (o) In the event that a vacancy occurs during a member's
18term, the Council shall appoint a person eligible to serve on
19the Council, to fill the unexpired term created by the
20vacancy, except that any teacher vacancy shall be filled by
21the Board after considering the preferences of the school
22staff as ascertained through a non-binding advisory poll of
23school staff.
24    (p) If less than the specified number of persons is
25elected within each candidate category, the newly elected
26local school council shall appoint eligible persons to serve

 

 

SB2037- 743 -LRB102 17120 WGH 22551 b

1as members of the Council for two-year terms.
2    (q) The Board shall promulgate rules regarding conflicts
3of interest and disclosure of economic interests which shall
4apply to local school council members and which shall require
5reports or statements to be filed by Council members at
6regular intervals with the Secretary of the Board. Failure to
7comply with such rules or intentionally falsifying such
8reports shall be grounds for disqualification from local
9school council membership. A vacancy on the Council for
10disqualification may be so declared by the Secretary of the
11Board. Rules regarding conflicts of interest and disclosure of
12economic interests promulgated by the Board shall apply to
13local school council members. No less than 45 days prior to the
14deadline, the general superintendent shall provide notice, by
15mail, to each local school council member of all requirements
16and forms for compliance with economic interest statements.
17    (r) (1) If a parent member of a local school council ceases
18to have any child enrolled in the attendance center governed
19by the Local School Council due to the graduation or voluntary
20transfer of a child or children from the attendance center,
21the parent's membership on the Local School Council and all
22voting rights are terminated immediately as of the date of the
23child's graduation or voluntary transfer. If the child of a
24parent member of a local school council dies during the
25member's term in office, the member may continue to serve on
26the local school council for the balance of his or her term.

 

 

SB2037- 744 -LRB102 17120 WGH 22551 b

1Further, a local school council member may be removed from the
2Council by a majority vote of the Council as provided in
3subsection (c) of Section 34-2.2 if the Council member has
4missed 3 consecutive regular meetings, not including committee
5meetings, or 5 regular meetings in a 12 month period, not
6including committee meetings. If a parent member of a local
7school council ceases to be eligible to serve on the Council
8for any other reason, he or she shall be removed by the Board
9subject to a hearing, convened pursuant to Board rule, prior
10to removal. A vote to remove a Council member by the local
11school council shall only be valid if the Council member has
12been notified personally or by certified mail, mailed to the
13person's last known address, of the Council's intent to vote
14on the Council member's removal at least 7 days prior to the
15vote. The Council member in question shall have the right to
16explain his or her actions and shall be eligible to vote on the
17question of his or her removal from the Council. The
18provisions of this subsection shall be contained within the
19petitions used to nominate Council candidates.
20    (2) A person may continue to serve as a community resident
21member of a local school council as long as he or she resides
22in the attendance area served by the school and is not employed
23by the Board nor is a parent of a student enrolled at the
24school. If a community resident member ceases to be eligible
25to serve on the Council, he or she shall be removed by the
26Board subject to a hearing, convened pursuant to Board rule,

 

 

SB2037- 745 -LRB102 17120 WGH 22551 b

1prior to removal.
2    (3) A person may continue to serve as a teacher member of a
3local school council as long as he or she is employed and
4assigned to perform a majority of his or her duties at the
5school, provided that if the teacher representative resigns
6from employment with the Board or voluntarily transfers to
7another school, the teacher's membership on the local school
8council and all voting rights are terminated immediately as of
9the date of the teacher's resignation or upon the date of the
10teacher's voluntary transfer to another school. If a teacher
11member of a local school council ceases to be eligible to serve
12on a local school council for any other reason, that member
13shall be removed by the Board subject to a hearing, convened
14pursuant to Board rule, prior to removal.
15    (s) As used in this Section only, "community resident"
16means a person, 17 years of age or older, residing within an
17attendance area served by a school, excluding any person who
18is a parent of a student enrolled in that school; provided that
19with respect to any multi-area school, community resident
20means any person, 17 years of age or older, residing within the
21voting district established for that school pursuant to
22Section 34-2.1c, excluding any person who is a parent of a
23student enrolled in that school. This definition does not
24apply to any provisions concerning school boards.
25(Source: P.A. 101-643, eff. 6-18-20.)
 

 

 

SB2037- 746 -LRB102 17120 WGH 22551 b

1    (105 ILCS 5/34-8.05)
2    Sec. 34-8.05. Reporting firearms in schools. On or after
3January 1, 1997, upon receipt of any written, electronic, or
4verbal report from any school personnel regarding a verified
5incident involving a firearm in a school or on school owned or
6leased property, including any conveyance owned, leased, or
7used by the school for the transport of students or school
8personnel, the general superintendent or his or her designee
9shall report all such firearm-related incidents occurring in a
10school or on school property to the local law enforcement
11authorities no later than 24 hours after the occurrence of the
12incident and to the Illinois Department of State Police in a
13form, manner, and frequency as prescribed by the Illinois
14Department of State Police.
15    The State Board of Education shall receive an annual
16statistical compilation and related data associated with
17incidents involving firearms in schools from the Illinois
18Department of State Police. As used in this Section, the term
19"firearm" shall have the meaning ascribed to it in Section 1.1
20of the Firearm Owners Identification Card Act.
21(Source: P.A. 89-498, eff. 6-27-96.)
 
22    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
23    Sec. 34-18.5. Criminal history records checks and checks
24of the Statewide Sex Offender Database and Statewide Murderer
25and Violent Offender Against Youth Database.

 

 

SB2037- 747 -LRB102 17120 WGH 22551 b

1    (a) Licensed and nonlicensed applicants for employment
2with the school district are required as a condition of
3employment to authorize a fingerprint-based criminal history
4records check to determine if such applicants have been
5convicted of any disqualifying, enumerated criminal or drug
6offense in subsection (c) of this Section or have been
7convicted, within 7 years of the application for employment
8with the school district, of any other felony under the laws of
9this State or of any offense committed or attempted in any
10other state or against the laws of the United States that, if
11committed or attempted in this State, would have been
12punishable as a felony under the laws of this State.
13Authorization for the check shall be furnished by the
14applicant to the school district, except that if the applicant
15is a substitute teacher seeking employment in more than one
16school district, or a teacher seeking concurrent part-time
17employment positions with more than one school district (as a
18reading specialist, special education teacher or otherwise),
19or an educational support personnel employee seeking
20employment positions with more than one district, any such
21district may require the applicant to furnish authorization
22for the check to the regional superintendent of the
23educational service region in which are located the school
24districts in which the applicant is seeking employment as a
25substitute or concurrent part-time teacher or concurrent
26educational support personnel employee. Upon receipt of this

 

 

SB2037- 748 -LRB102 17120 WGH 22551 b

1authorization, the school district or the appropriate regional
2superintendent, as the case may be, shall submit the
3applicant's name, sex, race, date of birth, social security
4number, fingerprint images, and other identifiers, as
5prescribed by the Illinois Department of State Police, to the
6Illinois State Police Department. The regional superintendent
7submitting the requisite information to the Illinois
8Department of State Police shall promptly notify the school
9districts in which the applicant is seeking employment as a
10substitute or concurrent part-time teacher or concurrent
11educational support personnel employee that the check of the
12applicant has been requested. The Illinois Department of State
13Police and the Federal Bureau of Investigation shall furnish,
14pursuant to a fingerprint-based criminal history records
15check, records of convictions, forever and hereinafter, until
16expunged, to the president of the school board for the school
17district that requested the check, or to the regional
18superintendent who requested the check. The Illinois State
19Police Department shall charge the school district or the
20appropriate regional superintendent a fee for conducting such
21check, which fee shall be deposited in the State Police
22Services Fund and shall not exceed the cost of the inquiry; and
23the applicant shall not be charged a fee for such check by the
24school district or by the regional superintendent. Subject to
25appropriations for these purposes, the State Superintendent of
26Education shall reimburse the school district and regional

 

 

SB2037- 749 -LRB102 17120 WGH 22551 b

1superintendent for fees paid to obtain criminal history
2records checks under this Section.
3    (a-5) The school district or regional superintendent shall
4further perform a check of the Statewide Sex Offender
5Database, as authorized by the Sex Offender Community
6Notification Law, for each applicant. The check of the
7Statewide Sex Offender Database must be conducted by the
8school district or regional superintendent once for every 5
9years that an applicant remains employed by the school
10district.
11    (a-6) The school district or regional superintendent shall
12further perform a check of the Statewide Murderer and Violent
13Offender Against Youth Database, as authorized by the Murderer
14and Violent Offender Against Youth Community Notification Law,
15for each applicant. The check of the Murderer and Violent
16Offender Against Youth Database must be conducted by the
17school district or regional superintendent once for every 5
18years that an applicant remains employed by the school
19district.
20    (b) Any information concerning the record of convictions
21obtained by the president of the board of education or the
22regional superintendent shall be confidential and may only be
23transmitted to the general superintendent of the school
24district or his designee, the appropriate regional
25superintendent if the check was requested by the board of
26education for the school district, the presidents of the

 

 

SB2037- 750 -LRB102 17120 WGH 22551 b

1appropriate board of education or school boards if the check
2was requested from the Illinois Department of State Police by
3the regional superintendent, the State Board of Education and
4the school district as authorized under subsection (b-5), the
5State Superintendent of Education, the State Educator
6Preparation and Licensure Board or any other person necessary
7to the decision of hiring the applicant for employment. A copy
8of the record of convictions obtained from the Illinois
9Department of State Police shall be provided to the applicant
10for employment. Upon the check of the Statewide Sex Offender
11Database or Statewide Murderer and Violent Offender Against
12Youth Database, the school district or regional superintendent
13shall notify an applicant as to whether or not the applicant
14has been identified in the Database. If a check of an applicant
15for employment as a substitute or concurrent part-time teacher
16or concurrent educational support personnel employee in more
17than one school district was requested by the regional
18superintendent, and the Illinois Department of State Police
19upon a check ascertains that the applicant has not been
20convicted of any of the enumerated criminal or drug offenses
21in subsection (c) of this Section or has not been convicted,
22within 7 years of the application for employment with the
23school district, of any other felony under the laws of this
24State or of any offense committed or attempted in any other
25state or against the laws of the United States that, if
26committed or attempted in this State, would have been

 

 

SB2037- 751 -LRB102 17120 WGH 22551 b

1punishable as a felony under the laws of this State and so
2notifies the regional superintendent and if the regional
3superintendent upon a check ascertains that the applicant has
4not been identified in the Sex Offender Database or Statewide
5Murderer and Violent Offender Against Youth Database, then the
6regional superintendent shall issue to the applicant a
7certificate evidencing that as of the date specified by the
8Illinois Department of State Police the applicant has not been
9convicted of any of the enumerated criminal or drug offenses
10in subsection (c) of this Section or has not been convicted,
11within 7 years of the application for employment with the
12school district, of any other felony under the laws of this
13State or of any offense committed or attempted in any other
14state or against the laws of the United States that, if
15committed or attempted in this State, would have been
16punishable as a felony under the laws of this State and
17evidencing that as of the date that the regional
18superintendent conducted a check of the Statewide Sex Offender
19Database or Statewide Murderer and Violent Offender Against
20Youth Database, the applicant has not been identified in the
21Database. The school board of any school district may rely on
22the certificate issued by any regional superintendent to that
23substitute teacher, concurrent part-time teacher, or
24concurrent educational support personnel employee or may
25initiate its own criminal history records check of the
26applicant through the Illinois Department of State Police and

 

 

SB2037- 752 -LRB102 17120 WGH 22551 b

1its own check of the Statewide Sex Offender Database or
2Statewide Murderer and Violent Offender Against Youth Database
3as provided in this Section. Any unauthorized release of
4confidential information may be a violation of Section 7 of
5the Criminal Identification Act.
6    (b-5) If a criminal history records check or check of the
7Statewide Sex Offender Database or Statewide Murderer and
8Violent Offender Against Youth Database is performed by a
9regional superintendent for an applicant seeking employment as
10a substitute teacher with the school district, the regional
11superintendent may disclose to the State Board of Education
12whether the applicant has been issued a certificate under
13subsection (b) based on those checks. If the State Board
14receives information on an applicant under this subsection,
15then it must indicate in the Educator Licensure Information
16System for a 90-day period that the applicant has been issued
17or has not been issued a certificate.
18    (c) The board of education shall not knowingly employ a
19person who has been convicted of any offense that would
20subject him or her to license suspension or revocation
21pursuant to Section 21B-80 of this Code, except as provided
22under subsection (b) of 21B-80. Further, the board of
23education shall not knowingly employ a person who has been
24found to be the perpetrator of sexual or physical abuse of any
25minor under 18 years of age pursuant to proceedings under
26Article II of the Juvenile Court Act of 1987. As a condition of

 

 

SB2037- 753 -LRB102 17120 WGH 22551 b

1employment, the board of education must consider the status of
2a person who has been issued an indicated finding of abuse or
3neglect of a child by the Department of Children and Family
4Services under the Abused and Neglected Child Reporting Act or
5by a child welfare agency of another jurisdiction.
6    (d) The board of education shall not knowingly employ a
7person for whom a criminal history records check and a
8Statewide Sex Offender Database check have not been initiated.
9    (e) Within 10 days after the general superintendent of
10schools, a regional office of education, or an entity that
11provides background checks of license holders to public
12schools receives information of a pending criminal charge
13against a license holder for an offense set forth in Section
1421B-80 of this Code, the superintendent, regional office of
15education, or entity must notify the State Superintendent of
16Education of the pending criminal charge.
17    No later than 15 business days after receipt of a record of
18conviction or of checking the Statewide Murderer and Violent
19Offender Against Youth Database or the Statewide Sex Offender
20Database and finding a registration, the general
21superintendent of schools or the applicable regional
22superintendent shall, in writing, notify the State
23Superintendent of Education of any license holder who has been
24convicted of a crime set forth in Section 21B-80 of this Code.
25Upon receipt of the record of a conviction of or a finding of
26child abuse by a holder of any license issued pursuant to

 

 

SB2037- 754 -LRB102 17120 WGH 22551 b

1Article 21B or Section 34-8.1 or 34-83 of this Code, the State
2Superintendent of Education may initiate licensure suspension
3and revocation proceedings as authorized by law. If the
4receipt of the record of conviction or finding of child abuse
5is received within 6 months after the initial grant of or
6renewal of a license, the State Superintendent of Education
7may rescind the license holder's license.
8    (e-5) The general superintendent of schools shall, in
9writing, notify the State Superintendent of Education of any
10license holder whom he or she has reasonable cause to believe
11has committed an intentional act of abuse or neglect with the
12result of making a child an abused child or a neglected child,
13as defined in Section 3 of the Abused and Neglected Child
14Reporting Act, and that act resulted in the license holder's
15dismissal or resignation from the school district. This
16notification must be submitted within 30 days after the
17dismissal or resignation. The license holder must also be
18contemporaneously sent a copy of the notice by the
19superintendent. All correspondence, documentation, and other
20information so received by the State Superintendent of
21Education, the State Board of Education, or the State Educator
22Preparation and Licensure Board under this subsection (e-5) is
23confidential and must not be disclosed to third parties,
24except (i) as necessary for the State Superintendent of
25Education or his or her designee to investigate and prosecute
26pursuant to Article 21B of this Code, (ii) pursuant to a court

 

 

SB2037- 755 -LRB102 17120 WGH 22551 b

1order, (iii) for disclosure to the license holder or his or her
2representative, or (iv) as otherwise provided in this Article
3and provided that any such information admitted into evidence
4in a hearing is exempt from this confidentiality and
5non-disclosure requirement. Except for an act of willful or
6wanton misconduct, any superintendent who provides
7notification as required in this subsection (e-5) shall have
8immunity from any liability, whether civil or criminal or that
9otherwise might result by reason of such action.
10    (f) After March 19, 1990, the provisions of this Section
11shall apply to all employees of persons or firms holding
12contracts with any school district including, but not limited
13to, food service workers, school bus drivers and other
14transportation employees, who have direct, daily contact with
15the pupils of any school in such district. For purposes of
16criminal history records checks and checks of the Statewide
17Sex Offender Database on employees of persons or firms holding
18contracts with more than one school district and assigned to
19more than one school district, the regional superintendent of
20the educational service region in which the contracting school
21districts are located may, at the request of any such school
22district, be responsible for receiving the authorization for a
23criminal history records check prepared by each such employee
24and submitting the same to the Illinois Department of State
25Police and for conducting a check of the Statewide Sex
26Offender Database for each employee. Any information

 

 

SB2037- 756 -LRB102 17120 WGH 22551 b

1concerning the record of conviction and identification as a
2sex offender of any such employee obtained by the regional
3superintendent shall be promptly reported to the president of
4the appropriate school board or school boards.
5    (f-5) Upon request of a school or school district, any
6information obtained by the school district pursuant to
7subsection (f) of this Section within the last year must be
8made available to the requesting school or school district.
9    (g) Prior to the commencement of any student teaching
10experience or required internship (which is referred to as
11student teaching in this Section) in the public schools, a
12student teacher is required to authorize a fingerprint-based
13criminal history records check. Authorization for and payment
14of the costs of the check must be furnished by the student
15teacher to the school district. Upon receipt of this
16authorization and payment, the school district shall submit
17the student teacher's name, sex, race, date of birth, social
18security number, fingerprint images, and other identifiers, as
19prescribed by the Illinois Department of State Police, to the
20Illinois Department of State Police. The Illinois Department
21of State Police and the Federal Bureau of Investigation shall
22furnish, pursuant to a fingerprint-based criminal history
23records check, records of convictions, forever and
24hereinafter, until expunged, to the president of the board.
25The Illinois State Police Department shall charge the school
26district a fee for conducting the check, which fee must not

 

 

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1exceed the cost of the inquiry and must be deposited into the
2State Police Services Fund. The school district shall further
3perform a check of the Statewide Sex Offender Database, as
4authorized by the Sex Offender Community Notification Law, and
5of the Statewide Murderer and Violent Offender Against Youth
6Database, as authorized by the Murderer and Violent Offender
7Against Youth Registration Act, for each student teacher. The
8board may not knowingly allow a person to student teach for
9whom a criminal history records check, a Statewide Sex
10Offender Database check, and a Statewide Murderer and Violent
11Offender Against Youth Database check have not been completed
12and reviewed by the district.
13    A copy of the record of convictions obtained from the
14Illinois Department of State Police must be provided to the
15student teacher. Any information concerning the record of
16convictions obtained by the president of the board is
17confidential and may only be transmitted to the general
18superintendent of schools or his or her designee, the State
19Superintendent of Education, the State Educator Preparation
20and Licensure Board, or, for clarification purposes, the
21Illinois Department of State Police or the Statewide Sex
22Offender Database or Statewide Murderer and Violent Offender
23Against Youth Database. Any unauthorized release of
24confidential information may be a violation of Section 7 of
25the Criminal Identification Act.
26    The board may not knowingly allow a person to student

 

 

SB2037- 758 -LRB102 17120 WGH 22551 b

1teach who has been convicted of any offense that would subject
2him or her to license suspension or revocation pursuant to
3subsection (c) of Section 21B-80 of this Code, except as
4provided under subsection (b) of Section 21B-80. Further, the
5board may not allow a person to student teach if he or she has
6been found to be the perpetrator of sexual or physical abuse of
7a minor under 18 years of age pursuant to proceedings under
8Article II of the Juvenile Court Act of 1987. The board must
9consider the status of a person to student teach who has been
10issued an indicated finding of abuse or neglect of a child by
11the Department of Children and Family Services under the
12Abused and Neglected Child Reporting Act or by a child welfare
13agency of another jurisdiction.
14    (h) (Blank).
15(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
16101-643, eff. 6-18-20.)
 
17    Section 515. The Medical School Matriculant Criminal
18History Records Check Act is amended by changing Sections 10,
1915, and 25 as follows:
 
20    (110 ILCS 57/10)
21    Sec. 10. Criminal history records check for matriculants.
22    (a) A public medical school located in Illinois must
23conduct an inquiry into the Illinois Department of State
24Police's Statewide Sex Offender Database for each matriculant

 

 

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1and must require that each matriculant submit to a
2fingerprint-based criminal history records check for violent
3felony convictions, conducted by the Illinois Department of
4State Police and the Federal Bureau of Investigation, as part
5of the medical school admissions process. The medical school
6shall forward the name, sex, race, date of birth, social
7security number, and fingerprints of each of its matriculants
8to the Illinois Department of State Police to be searched
9against the fingerprint records now and hereafter filed in the
10Illinois Department of State Police and Federal Bureau of
11Investigation criminal history records databases. The
12fingerprints of each matriculant must be submitted in the form
13and manner prescribed by the Illinois Department of State
14Police. The Illinois Department of State Police shall furnish,
15pursuant to positive identification, records of a
16matriculant's violent felony convictions to the medical school
17that requested the criminal history records check. Compliance
18with the criminal history record checks required by this
19subsection (a) may also be accomplished through the use of a
20private entity that checks criminal history records for
21violent felony convictions.
22    (b) A private medical school located in Illinois must
23conduct an inquiry into the Illinois Department of State
24Police's Statewide Sex Offender Database for each matriculant
25and must require that each matriculant submit to an Illinois
26Uniform Conviction Information Act fingerprint-based, criminal

 

 

SB2037- 760 -LRB102 17120 WGH 22551 b

1history records check for violent felony convictions,
2conducted by the Illinois Department of State Police, as part
3of the medical school admissions process. The medical school
4shall forward the name, sex, race, date of birth, social
5security number, and fingerprints of each of its matriculants
6to the Illinois Department of State Police to be searched
7against the fingerprint records now and hereafter filed in the
8Illinois Department of State Police criminal history records
9database. The fingerprints of each matriculant must be
10submitted in the form and manner prescribed by the Illinois
11Department of State Police. The Illinois Department of State
12Police shall furnish, pursuant to positive identification,
13records of a matriculant's violent felony convictions to the
14medical school that requested the criminal history records
15check. Compliance with the criminal history record checks
16required by this subsection (b) may also be accomplished
17through the use of a private entity that checks criminal
18history records for violent felony convictions.
19(Source: P.A. 96-1044, eff. 7-14-10.)
 
20    (110 ILCS 57/15)
21    Sec. 15. Fees. The Illinois Department of State Police
22shall charge each requesting medical school a fee for
23conducting the criminal history records check under Section 10
24of this Act, which shall be deposited in the State Police
25Services Fund and shall not exceed the cost of the inquiry.

 

 

SB2037- 761 -LRB102 17120 WGH 22551 b

1Each requesting medical school is solely responsible for
2payment of this fee to the Illinois Department of State
3Police. Each requesting medical school is solely responsible
4for payment of any fees associated with the use of a private
5entity that checks criminal history records for violent felony
6convictions. Each medical school may impose its own fee upon a
7matriculant to cover the cost of the criminal history records
8check at the time the matriculant submits to the criminal
9history records check.
10(Source: P.A. 96-1044, eff. 7-14-10.)
 
11    (110 ILCS 57/25)
12    Sec. 25. Civil immunity. Except for willful wilful or
13wanton misconduct, no medical school acting under the
14provisions of this Act shall be civilly liable to any
15matriculant for reporting any required information to the
16Illinois Department of State Police or for any decision made
17pursuant to Section 20 of this Act.
18(Source: P.A. 94-709, eff. 12-5-05; 94-837, eff. 6-6-06.)
 
19    Section 525. The Transmitters of Money Act is amended by
20changing Section 25 as follows:
 
21    (205 ILCS 657/25)
22    Sec. 25. Application for license.
23    (a) An application for a license must be in writing, under

 

 

SB2037- 762 -LRB102 17120 WGH 22551 b

1oath, and in the form the Director prescribes. The application
2must contain or be accompanied by all of the following:
3        (1) The name of the applicant and the address of the
4    principal place of business of the applicant and the
5    address of all locations and proposed locations of the
6    applicant in this State.
7        (2) The form of business organization of the
8    applicant, including:
9            (A) a copy of its articles of incorporation and
10        amendments thereto and a copy of its bylaws, certified
11        by its secretary, if the applicant is a corporation;
12            (B) a copy of its partnership agreement, certified
13        by a partner, if the applicant is a partnership; or
14            (C) a copy of the documents that control its
15        organizational structure, certified by a managing
16        official, if the applicant is organized in some other
17        form.
18        (3) The name, business and home address, and a
19    chronological summary of the business experience, material
20    litigation history, and felony convictions over the
21    preceding 10 years of:
22            (A) the proprietor, if the applicant is an
23        individual;
24            (B) every partner, if the applicant is a
25        partnership;
26            (C) each officer, director, and controlling

 

 

SB2037- 763 -LRB102 17120 WGH 22551 b

1        person, if the applicant is a corporation; and
2            (D) each person in a position to exercise control
3        over, or direction of, the business of the applicant,
4        regardless of the form of organization of the
5        applicant.
6        (4) Financial statements, not more than one year old,
7    prepared in accordance with generally accepted accounting
8    principles and audited by a licensed public accountant or
9    certified public accountant showing the financial
10    condition of the applicant and an unaudited balance sheet
11    and statement of operation as of the most recent quarterly
12    report before the date of the application, certified by
13    the applicant or an officer or partner thereof. If the
14    applicant is a wholly owned subsidiary or is eligible to
15    file consolidated federal income tax returns with its
16    parent, however, unaudited financial statements for the
17    preceding year along with the unaudited financial
18    statements for the most recent quarter may be submitted if
19    accompanied by the audited financial statements of the
20    parent company for the preceding year along with the
21    unaudited financial statement for the most recent quarter.
22        (5) Filings of the applicant with the Securities and
23    Exchange Commission or similar foreign governmental entity
24    (English translation), if any.
25        (6) A list of all other states in which the applicant
26    is licensed as a money transmitter and whether the license

 

 

SB2037- 764 -LRB102 17120 WGH 22551 b

1    of the applicant for those purposes has ever been
2    withdrawn, refused, canceled, or suspended in any other
3    state, with full details.
4        (7) A list of all money transmitter locations and
5    proposed locations in this State.
6        (8) A sample of the contract for authorized sellers.
7        (9) A sample form of the proposed payment instruments
8    to be used in this State.
9        (10) The name and business address of the clearing
10    banks through which the applicant intends to conduct any
11    business regulated under this Act.
12        (11) A surety bond as required by Section 30 of this
13    Act.
14        (12) The applicable fees as required by Section 45 of
15    this Act.
16        (13) A written consent to service of process as
17    provided by Section 100 of this Act.
18        (14) A written statement that the applicant is in full
19    compliance with and agrees to continue to fully comply
20    with all state and federal statutes and regulations
21    relating to money laundering.
22        (15) All additional information the Director considers
23    necessary in order to determine whether or not to issue
24    the applicant a license under this Act.
25    (a-5) The proprietor, partner, officer, director, and
26controlling person of the applicant shall submit their

 

 

SB2037- 765 -LRB102 17120 WGH 22551 b

1fingerprints to the Illinois Department of State Police in an
2electronic format that complies with the form and manner for
3requesting and furnishing criminal history record information
4as prescribed by the Illinois Department of State Police.
5These fingerprints shall be retained and checked against the
6Illinois Department of State Police and Federal Bureau of
7Investigation criminal history record databases now and
8hereafter filed, including latent fingerprint searches. The
9Illinois Department of State Police shall charge applicants a
10fee for conducting the criminal history records check, which
11shall be deposited into the State Police Services Fund and
12shall not exceed the actual cost of the records check. The
13Illinois Department of State Police shall furnish records of
14Illinois convictions to the Department pursuant to positive
15identification and shall forward the national criminal history
16record information to the Department. The Department may
17require applicants to pay a separate fingerprinting fee,
18either to the Department or to a Department-designated or
19Department-approved vendor. The Department, in its discretion,
20may allow a proprietor, partner, officer, director, or
21controlling person of an applicant who does not have
22reasonable access to a designated vendor to provide his or her
23fingerprints in an alternative manner. The Department, in its
24discretion, may also use other procedures in performing or
25obtaining criminal background checks of applicants. Instead of
26submitting his or her fingerprints, an individual may submit

 

 

SB2037- 766 -LRB102 17120 WGH 22551 b

1proof that is satisfactory to the Department that an
2equivalent security clearance has been conducted. The
3Department may adopt any rules necessary to implement this
4subsection.
5    (b) The Director may, for good cause shown, waive, in
6part, any of the requirements of this Section.
7(Source: P.A. 100-979, eff. 8-19-18.)
 
8    Section 530. The Currency Reporting Act is amended by
9changing Sections 2, 3, and 4 as follows:
 
10    (205 ILCS 685/2)  (from Ch. 17, par. 7352)
11    Sec. 2. It is the purpose of this Act to require the
12keeping and submission to the Director of the Illinois State
13Police of certain reports and records of transactions
14involving United States currency when such reports and records
15have a high degree of usefulness in criminal, tax or
16regulatory investigations or proceedings.
17(Source: P.A. 87-619.)
 
18    (205 ILCS 685/3)  (from Ch. 17, par. 7353)
19    Sec. 3. As used in this Act, the term:
20    (a) "Currency" means currency and coin of the United
21States;
22    (b) (Blank); "Department" means the Department of State
23Police;

 

 

SB2037- 767 -LRB102 17120 WGH 22551 b

1    (c) "Director" means Director of the Illinois State
2Police;
3    (d) "Financial Institution" means any:
4        (1) National or state bank or banking association;
5        (2) Agency or branch of a foreign bank, or
6    international bank;
7        (3) Industrial savings bank;
8        (4) Trust company;
9        (5) Federal or state savings and loan association;
10        (6) Federal or state credit union;
11        (7) Community or ambulatory currency exchange;
12        (8) Issuer, redeemer, or cashier of travelers' checks,
13    money orders, or similar instruments;
14        (9) Operator of a credit card system;
15        (10) Insurance company;
16        (11) Dealer in precious metals, stones, and jewels;
17        (12) Loan or finance company;
18        (13) Pawnbroker;
19        (14) Travel agency;
20        (15) Licensed sender of money;
21        (16) Telegraph company;
22        (17) Business engaged in vehicle or vessel sales,
23    including automobile, airplane and boat sales;
24        (18) Person involved in real estate closings,
25    settlements, sales, or auctions.
26However, "Financial Institution" does not include an office,

 

 

SB2037- 768 -LRB102 17120 WGH 22551 b

1department, agency or other entity of State government.
2(Source: P.A. 87-619.)
 
3    (205 ILCS 685/4)  (from Ch. 17, par. 7354)
4    Sec. 4. (a) Every financial institution shall keep a
5record of every currency transaction involving more than
6$10,000 and shall file a report with the Illinois State Police
7Department at such time and containing such information as the
8Director by rule or regulation requires. Unless otherwise
9provided by rule, a financial institution may exempt from the
10reporting requirements of this Section deposits, withdrawals,
11exchanges, or payments exempted from the reporting
12requirements of Title 31 U.S.C. 5313. Each financial
13institution shall maintain a record of each exemption granted,
14including the name, address, type of business, taxpayer
15identification number, and account number of the customer
16granted the exemption; the type of transactions exempted; and
17the dollar limit of each exempt transaction. Such record of
18exemptions shall be made available to the Illinois State
19Police Department for inspection and copying.
20    (b) A financial institution in compliance with the
21provisions of the Currency and Foreign Transactions Reporting
22Act (31 U.S.C. 5311, et seq.) and Federal regulations
23prescribed thereunder shall be deemed to be in compliance with
24the provisions of this Section and rules or regulations
25prescribed thereunder by the Director.

 

 

SB2037- 769 -LRB102 17120 WGH 22551 b

1(Source: P.A. 87-619.)
 
2    Section 535. The Abused and Neglected Long Term Care
3Facility Residents Reporting Act is amended by changing
4Sections 6 and 10 as follows:
 
5    (210 ILCS 30/6)  (from Ch. 111 1/2, par. 4166)
6    Sec. 6. All reports of suspected abuse or neglect made
7under this Act shall be made immediately by telephone to the
8Department's central register established under Section 14 on
9the single, State-wide, toll-free telephone number established
10under Section 13, or in person or by telephone through the
11nearest Department office. No long term care facility
12administrator, agent or employee, or any other person, shall
13screen reports or otherwise withhold any reports from the
14Department, and no long term care facility, department of
15State government, or other agency shall establish any rules,
16criteria, standards or guidelines to the contrary. Every long
17term care facility, department of State government and other
18agency whose employees are required to make or cause to be made
19reports under Section 4 shall notify its employees of the
20provisions of that Section and of this Section, and provide to
21the Department documentation that such notification has been
22given. The Department of Human Services shall train all of its
23mental health and developmental disabilities employees in the
24detection and reporting of suspected abuse and neglect of

 

 

SB2037- 770 -LRB102 17120 WGH 22551 b

1residents. Reports made to the central register through the
2State-wide, toll-free telephone number shall be transmitted to
3appropriate Department offices and municipal health
4departments that have responsibility for licensing long term
5care facilities under the Nursing Home Care Act, the
6Specialized Mental Health Rehabilitation Act of 2013, the
7ID/DD Community Care Act, or the MC/DD Act. All reports
8received through offices of the Department shall be forwarded
9to the central register, in a manner and form described by the
10Department. The Department shall be capable of receiving
11reports of suspected abuse and neglect 24 hours a day, 7 days a
12week. Reports shall also be made in writing deposited in the
13U.S. mail, postage prepaid, within 24 hours after having
14reasonable cause to believe that the condition of the resident
15resulted from abuse or neglect. Such reports may in addition
16be made to the local law enforcement agency in the same manner.
17However, in the event a report is made to the local law
18enforcement agency, the reporter also shall immediately so
19inform the Department. The Department shall initiate an
20investigation of each report of resident abuse and neglect
21under this Act, whether oral or written, as provided for in
22Section 3-702 of the Nursing Home Care Act, Section 2-208 of
23the Specialized Mental Health Rehabilitation Act of 2013,
24Section 3-702 of the ID/DD Community Care Act, or Section
253-702 of the MC/DD Act, except that reports of abuse which
26indicate that a resident's life or safety is in imminent

 

 

SB2037- 771 -LRB102 17120 WGH 22551 b

1danger shall be investigated within 24 hours of such report.
2The Department may delegate to law enforcement officials or
3other public agencies the duty to perform such investigation.
4    With respect to investigations of reports of suspected
5abuse or neglect of residents of mental health and
6developmental disabilities institutions under the jurisdiction
7of the Department of Human Services, the Department shall
8transmit copies of such reports to the Illinois Department of
9State Police, the Department of Human Services, and the
10Inspector General appointed under Section 1-17 of the
11Department of Human Services Act. If the Department receives a
12report of suspected abuse or neglect of a recipient of
13services as defined in Section 1-123 of the Mental Health and
14Developmental Disabilities Code, the Department shall transmit
15copies of such report to the Inspector General and the
16Directors of the Guardianship and Advocacy Commission and the
17agency designated by the Governor pursuant to the Protection
18and Advocacy for Persons with Developmental Disabilities Act.
19When requested by the Director of the Guardianship and
20Advocacy Commission, the agency designated by the Governor
21pursuant to the Protection and Advocacy for Persons with
22Developmental Disabilities Act, or the Department of Financial
23and Professional Regulation, the Department, the Department of
24Human Services and the Illinois Department of State Police
25shall make available a copy of the final investigative report
26regarding investigations conducted by their respective

 

 

SB2037- 772 -LRB102 17120 WGH 22551 b

1agencies on incidents of suspected abuse or neglect of
2residents of mental health and developmental disabilities
3institutions or individuals receiving services at community
4agencies under the jurisdiction of the Department of Human
5Services. Such final investigative report shall not contain
6witness statements, investigation notes, draft summaries,
7results of lie detector tests, investigative files or other
8raw data which was used to compile the final investigative
9report. Specifically, the final investigative report of the
10Illinois Department of State Police shall mean the Director's
11final transmittal letter. The Department of Human Services
12shall also make available a copy of the results of
13disciplinary proceedings of employees involved in incidents of
14abuse or neglect to the Directors. All identifiable
15information in reports provided shall not be further disclosed
16except as provided by the Mental Health and Developmental
17Disabilities Confidentiality Act. Nothing in this Section is
18intended to limit or construe the power or authority granted
19to the agency designated by the Governor pursuant to the
20Protection and Advocacy for Persons with Developmental
21Disabilities Act, pursuant to any other State or federal
22statute.
23    With respect to investigations of reported resident abuse
24or neglect, the Department shall effect with appropriate law
25enforcement agencies formal agreements concerning methods and
26procedures for the conduct of investigations into the criminal

 

 

SB2037- 773 -LRB102 17120 WGH 22551 b

1histories of any administrator, staff assistant or employee of
2the nursing home or other person responsible for the residents
3care, as well as for other residents in the nursing home who
4may be in a position to abuse, neglect or exploit the patient.
5Pursuant to the formal agreements entered into with
6appropriate law enforcement agencies, the Department may
7request information with respect to whether the person or
8persons set forth in this paragraph have ever been charged
9with a crime and if so, the disposition of those charges.
10Unless the criminal histories of the subjects involved crimes
11of violence or resident abuse or neglect, the Department shall
12be entitled only to information limited in scope to charges
13and their dispositions. In cases where prior crimes of
14violence or resident abuse or neglect are involved, a more
15detailed report can be made available to authorized
16representatives of the Department, pursuant to the agreements
17entered into with appropriate law enforcement agencies. Any
18criminal charges and their disposition information obtained by
19the Department shall be confidential and may not be
20transmitted outside the Department, except as required herein,
21to authorized representatives or delegates of the Department,
22and may not be transmitted to anyone within the Department who
23is not duly authorized to handle resident abuse or neglect
24investigations.
25    The Department shall effect formal agreements with
26appropriate law enforcement agencies in the various counties

 

 

SB2037- 774 -LRB102 17120 WGH 22551 b

1and communities to encourage cooperation and coordination in
2the handling of resident abuse or neglect cases pursuant to
3this Act. The Department shall adopt and implement methods and
4procedures to promote statewide uniformity in the handling of
5reports of abuse and neglect under this Act, and those methods
6and procedures shall be adhered to by personnel of the
7Department involved in such investigations and reporting. The
8Department shall also make information required by this Act
9available to authorized personnel within the Department, as
10well as its authorized representatives.
11    The Department shall keep a continuing record of all
12reports made pursuant to this Act, including indications of
13the final determination of any investigation and the final
14disposition of all reports.
15    The Department shall report annually to the General
16Assembly on the incidence of abuse and neglect of long term
17care facility residents, with special attention to residents
18who are persons with mental disabilities. The report shall
19include but not be limited to data on the number and source of
20reports of suspected abuse or neglect filed under this Act,
21the nature of any injuries to residents, the final
22determination of investigations, the type and number of cases
23where abuse or neglect is determined to exist, and the final
24disposition of cases.
25(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
2699-180, eff. 7-29-15; 99-642, eff. 7-28-16.)
 

 

 

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1    (210 ILCS 30/10)  (from Ch. 111 1/2, par. 4170)
2    Sec. 10. If, during the investigation of a report made
3pursuant to this Act, the Department obtains information
4indicating possible criminal acts, the Department shall refer
5the matter to the appropriate law enforcement agency or
6agencies for further investigation or prosecution. The
7Department shall make the entire file of its investigation
8available to the appropriate law enforcement agencies.
9    With respect to reports of suspected abuse or neglect of
10residents of facilities operated by the Department of Human
11Services (as successor to the Department of Rehabilitation
12Services) or recipients of services through any home,
13institution, program or other entity licensed in whole or in
14part by the Department of Human Services (as successor to the
15Department of Rehabilitation Services), the Department shall
16refer reports to the Illinois Department of State Police or
17the appropriate law enforcement entity upon awareness that a
18possible criminal act has occurred.
19(Source: P.A. 94-428, eff. 8-2-05.)
 
20    Section 540. The Nursing Home Care Act is amended by
21changing Sections 1-114.01, 2-201.5, 2-201.6, and 2-201.7 as
22follows:
 
23    (210 ILCS 45/1-114.01)

 

 

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1    Sec. 1-114.01. Identified offender. "Identified offender"
2means a person who meets any of the following criteria:
3        (1) Has been convicted of, found guilty of,
4    adjudicated delinquent for, found not guilty by reason of
5    insanity for, or found unfit to stand trial for, any
6    felony offense listed in Section 25 of the Health Care
7    Worker Background Check Act, except for the following: (i)
8    a felony offense described in Section 10-5 of the Nurse
9    Practice Act; (ii) a felony offense described in Section
10    4, 5, 6, 8, or 17.02 of the Illinois Credit Card and Debit
11    Card Act; (iii) a felony offense described in Section 5,
12    5.1, 5.2, 7, or 9 of the Cannabis Control Act; (iv) a
13    felony offense described in Section 401, 401.1, 404, 405,
14    405.1, 407, or 407.1 of the Illinois Controlled Substances
15    Act; and (v) a felony offense described in the
16    Methamphetamine Control and Community Protection Act.
17        (2) Has been convicted of, adjudicated delinquent for,
18    found not guilty by reason of insanity for, or found unfit
19    to stand trial for, any sex offense as defined in
20    subsection (c) of Section 10 of the Sex Offender
21    Management Board Act.
22        (3) Is any other resident as determined by the
23    Illinois Department of State Police.
24(Source: P.A. 96-1372, eff. 7-29-10.)
 
25    (210 ILCS 45/2-201.5)

 

 

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1    Sec. 2-201.5. Screening prior to admission.
2    (a) All persons age 18 or older seeking admission to a
3nursing facility must be screened to determine the need for
4nursing facility services prior to being admitted, regardless
5of income, assets, or funding source. Screening for nursing
6facility services shall be administered through procedures
7established by administrative rule. Screening may be done by
8agencies other than the Department as established by
9administrative rule. This Section applies on and after July 1,
101996. No later than October 1, 2010, the Department of
11Healthcare and Family Services, in collaboration with the
12Department on Aging, the Department of Human Services, and the
13Department of Public Health, shall file administrative rules
14providing for the gathering, during the screening process, of
15information relevant to determining each person's potential
16for placing other residents, employees, and visitors at risk
17of harm.
18    (a-1) Any screening performed pursuant to subsection (a)
19of this Section shall include a determination of whether any
20person is being considered for admission to a nursing facility
21due to a need for mental health services. For a person who
22needs mental health services, the screening shall also include
23an evaluation of whether there is permanent supportive
24housing, or an array of community mental health services,
25including but not limited to supported housing, assertive
26community treatment, and peer support services, that would

 

 

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1enable the person to live in the community. The person shall be
2told about the existence of any such services that would
3enable the person to live safely and humanely and about
4available appropriate nursing home services that would enable
5the person to live safely and humanely, and the person shall be
6given the assistance necessary to avail himself or herself of
7any available services.
8    (a-2) Pre-screening for persons with a serious mental
9illness shall be performed by a psychiatrist, a psychologist,
10a registered nurse certified in psychiatric nursing, a
11licensed clinical professional counselor, or a licensed
12clinical social worker, who is competent to (i) perform a
13clinical assessment of the individual, (ii) certify a
14diagnosis, (iii) make a determination about the individual's
15current need for treatment, including substance abuse
16treatment, and recommend specific treatment, and (iv)
17determine whether a facility or a community-based program is
18able to meet the needs of the individual.
19    For any person entering a nursing facility, the
20pre-screening agent shall make specific recommendations about
21what care and services the individual needs to receive,
22beginning at admission, to attain or maintain the individual's
23highest level of independent functioning and to live in the
24most integrated setting appropriate for his or her physical
25and personal care and developmental and mental health needs.
26These recommendations shall be revised as appropriate by the

 

 

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1pre-screening or re-screening agent based on the results of
2resident review and in response to changes in the resident's
3wishes, needs, and interest in transition.
4    Upon the person entering the nursing facility, the
5Department of Human Services or its designee shall assist the
6person in establishing a relationship with a community mental
7health agency or other appropriate agencies in order to (i)
8promote the person's transition to independent living and (ii)
9support the person's progress in meeting individual goals.
10    (a-3) The Department of Human Services, by rule, shall
11provide for a prohibition on conflicts of interest for
12pre-admission screeners. The rule shall provide for waiver of
13those conflicts by the Department of Human Services if the
14Department of Human Services determines that a scarcity of
15qualified pre-admission screeners exists in a given community
16and that, absent a waiver of conflicts, an insufficient number
17of pre-admission screeners would be available. If a conflict
18is waived, the pre-admission screener shall disclose the
19conflict of interest to the screened individual in the manner
20provided for by rule of the Department of Human Services. For
21the purposes of this subsection, a "conflict of interest"
22includes, but is not limited to, the existence of a
23professional or financial relationship between (i) a PAS-MH
24corporate or a PAS-MH agent and (ii) a community provider or
25long-term care facility.
26    (b) In addition to the screening required by subsection

 

 

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1(a), a facility, except for those licensed under the MC/DD
2Act, shall, within 24 hours after admission, request a
3criminal history background check pursuant to the Illinois
4Uniform Conviction Information Act for all persons age 18 or
5older seeking admission to the facility, unless (i) a
6background check was initiated by a hospital pursuant to
7subsection (d) of Section 6.09 of the Hospital Licensing Act
8or a pre-admission background check was conducted by the
9Department of Veterans' Affairs 30 days prior to admittance
10into an Illinois Veterans Home; (ii) the transferring resident
11is immobile; or (iii) the transferring resident is moving into
12hospice. The exemption provided in item (ii) or (iii) of this
13subsection (b) shall apply only if a background check was
14completed by the facility the resident resided at prior to
15seeking admission to the facility and the resident was
16transferred to the facility with no time passing during which
17the resident was not institutionalized. If item (ii) or (iii)
18of this subsection (b) applies, the prior facility shall
19provide a copy of its background check of the resident and all
20supporting documentation, including, when applicable, the
21criminal history report and the security assessment, to the
22facility to which the resident is being transferred.
23Background checks conducted pursuant to this Section shall be
24based on the resident's name, date of birth, and other
25identifiers as required by the Illinois Department of State
26Police. If the results of the background check are

 

 

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1inconclusive, the facility shall initiate a fingerprint-based
2check, unless the fingerprint check is waived by the Director
3of Public Health based on verification by the facility that
4the resident is completely immobile or that the resident meets
5other criteria related to the resident's health or lack of
6potential risk which may be established by Departmental rule.
7A waiver issued pursuant to this Section shall be valid only
8while the resident is immobile or while the criteria
9supporting the waiver exist. The facility shall provide for or
10arrange for any required fingerprint-based checks to be taken
11on the premises of the facility. If a fingerprint-based check
12is required, the facility shall arrange for it to be conducted
13in a manner that is respectful of the resident's dignity and
14that minimizes any emotional or physical hardship to the
15resident.
16    (c) If the results of a resident's criminal history
17background check reveal that the resident is an identified
18offender as defined in Section 1-114.01, the facility shall do
19the following:
20        (1) Immediately notify the Illinois Department of
21    State Police, in the form and manner required by the
22    Illinois Department of State Police, in collaboration with
23    the Department of Public Health, that the resident is an
24    identified offender.
25        (2) Within 72 hours, arrange for a fingerprint-based
26    criminal history record inquiry to be requested on the

 

 

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1    identified offender resident. The inquiry shall be based
2    on the subject's name, sex, race, date of birth,
3    fingerprint images, and other identifiers required by the
4    Illinois Department of State Police. The inquiry shall be
5    processed through the files of the Illinois Department of
6    State Police and the Federal Bureau of Investigation to
7    locate any criminal history record information that may
8    exist regarding the subject. The Federal Bureau of
9    Investigation shall furnish to the Illinois Department of
10    State Police, pursuant to an inquiry under this paragraph
11    (2), any criminal history record information contained in
12    its files.
13    The facility shall comply with all applicable provisions
14contained in the Illinois Uniform Conviction Information Act.
15    All name-based and fingerprint-based criminal history
16record inquiries shall be submitted to the Illinois Department
17of State Police electronically in the form and manner
18prescribed by the Illinois Department of State Police. The
19Illinois Department of State Police may charge the facility a
20fee for processing name-based and fingerprint-based criminal
21history record inquiries. The fee shall be deposited into the
22State Police Services Fund. The fee shall not exceed the
23actual cost of processing the inquiry.
24    (d) (Blank).
25    (e) The Department shall develop and maintain a
26de-identified database of residents who have injured facility

 

 

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1staff, facility visitors, or other residents, and the
2attendant circumstances, solely for the purposes of evaluating
3and improving resident pre-screening and assessment procedures
4(including the Criminal History Report prepared under Section
52-201.6) and the adequacy of Department requirements
6concerning the provision of care and services to residents. A
7resident shall not be listed in the database until a
8Department survey confirms the accuracy of the listing. The
9names of persons listed in the database and information that
10would allow them to be individually identified shall not be
11made public. Neither the Department nor any other agency of
12State government may use information in the database to take
13any action against any individual, licensee, or other entity,
14unless the Department or agency receives the information
15independent of this subsection (e). All information collected,
16maintained, or developed under the authority of this
17subsection (e) for the purposes of the database maintained
18under this subsection (e) shall be treated in the same manner
19as information that is subject to Part 21 of Article VIII of
20the Code of Civil Procedure.
21(Source: P.A. 99-180, eff. 7-29-15; 99-314, eff. 8-7-15;
2299-453, eff. 8-24-15; 99-642, eff. 7-28-16.)
 
23    (210 ILCS 45/2-201.6)
24    Sec. 2-201.6. Criminal History Report.
25    (a) The Illinois Department of State Police shall prepare

 

 

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1a Criminal History Report when it receives information,
2through the criminal history background check required
3pursuant to subsection (d) of Section 6.09 of the Hospital
4Licensing Act or subsection (c) of Section 2-201.5, or through
5any other means, that a resident of a facility is an identified
6offender.
7    (b) The Illinois Department of State Police shall complete
8the Criminal History Report within 10 business days after
9receiving information under subsection (a) that a resident is
10an identified offender.
11    (c) The Criminal History Report shall include, but not be
12limited to, the following:
13        (1) (Blank).
14        (2) (Blank).
15        (3) (Blank).
16        (3.5) Copies of the identified offender's parole,
17    mandatory supervised release, or probation orders.
18        (4) An interview with the identified offender.
19        (5) (Blank).
20        (6) A detailed summary of the entire criminal history
21    of the offender, including arrests, convictions, and the
22    date of the identified offender's last conviction relative
23    to the date of admission to a long-term care facility.
24        (7) If the identified offender is a convicted or
25    registered sex offender, a review of any and all sex
26    offender evaluations conducted on that offender. If there

 

 

SB2037- 785 -LRB102 17120 WGH 22551 b

1    is no sex offender evaluation available, the Illinois
2    Department of State Police shall arrange, through the
3    Department of Public Health, for a sex offender evaluation
4    to be conducted on the identified offender. If the
5    convicted or registered sex offender is under supervision
6    by the Illinois Department of Corrections or a county
7    probation department, the sex offender evaluation shall be
8    arranged by and at the expense of the supervising agency.
9    All evaluations conducted on convicted or registered sex
10    offenders under this Act shall be conducted by sex
11    offender evaluators approved by the Sex Offender
12    Management Board.
13    (d) The Illinois Department of State Police shall provide
14the Criminal History Report to a licensed forensic
15psychologist. After (i) consideration of the Criminal History
16Report, (ii) consultation with the facility administrator or
17the facility medical director, or both, regarding the mental
18and physical condition of the identified offender, and (iii)
19reviewing the facility's file on the identified offender,
20including all incident reports, all information regarding
21medication and medication compliance, and all information
22regarding previous discharges or transfers from other
23facilities, the licensed forensic psychologist shall prepare
24an Identified Offender Report and Recommendation. The
25Identified Offender Report and Recommendation shall detail
26whether and to what extent the identified offender's criminal

 

 

SB2037- 786 -LRB102 17120 WGH 22551 b

1history necessitates the implementation of security measures
2within the long-term care facility. If the identified offender
3is a convicted or registered sex offender or if the Identified
4Offender Report and Recommendation reveals that the identified
5offender poses a significant risk of harm to others within the
6facility, the offender shall be required to have his or her own
7room within the facility.
8    (e) The licensed forensic psychologist shall complete the
9Identified Offender Report and Recommendation within 14
10business days after receiving the Criminal History Report and
11shall promptly provide the Identified Offender Report and
12Recommendation to the Illinois Department of State Police,
13which shall provide the Identified Offender Report and
14Recommendation to the following:
15        (1) The long-term care facility within which the
16    identified offender resides.
17        (2) The Chief of Police of the municipality in which
18    the facility is located.
19        (3) The State of Illinois Long Term Care Ombudsman.
20        (4) The Department of Public Health.
21    (e-5) The Department of Public Health shall keep a
22continuing record of all residents determined to be identified
23offenders as defined in Section 1-114.01 and shall report the
24number of identified offender residents annually to the
25General Assembly.
26    (f) The facility shall incorporate the Identified Offender

 

 

SB2037- 787 -LRB102 17120 WGH 22551 b

1Report and Recommendation into the identified offender's care
2plan created pursuant to 42 CFR 483.20.
3    (g) If, based on the Identified Offender Report and
4Recommendation, a facility determines that it cannot manage
5the identified offender resident safely within the facility,
6it shall commence involuntary transfer or discharge
7proceedings pursuant to Section 3-402.
8    (h) Except for willful and wanton misconduct, any person
9authorized to participate in the development of a Criminal
10History Report or Identified Offender Report and
11Recommendation is immune from criminal or civil liability for
12any acts or omissions as the result of his or her good faith
13effort to comply with this Section.
14(Source: P.A. 96-1372, eff. 7-29-10.)
 
15    (210 ILCS 45/2-201.7)
16    Sec. 2-201.7. Expanded criminal history background check
17pilot program.
18    (a) The purpose of this Section is to establish a pilot
19program based in Cook and Will counties in which an expanded
20criminal history background check screening process will be
21utilized to better identify residents of licensed long term
22care facilities who, because of their criminal histories, may
23pose a risk to other vulnerable residents.
24    (b) In this Section, "mixed population facility" means a
25facility that has more than 25 residents with a diagnosis of

 

 

SB2037- 788 -LRB102 17120 WGH 22551 b

1serious mental illness and residents 65 years of age or older.
2    (c) Every mixed population facility located in Cook County
3or Will County shall participate in the pilot program and
4shall employ expanded criminal history background check
5screening procedures for all residents admitted to the
6facility who are at least 18 years of age but less than 65
7years of age. Under the pilot program, criminal history
8background checks required under this Act shall employ
9fingerprint-based criminal history record inquiries or
10comparably comprehensive name-based criminal history
11background checks. Fingerprint-based criminal history record
12inquiries shall be conducted pursuant to subsection (c-2) of
13Section 2-201.5. A Criminal History Report and an Identified
14Offender Report and Recommendation shall be completed pursuant
15to Section 2-201.6 if the results of the expanded criminal
16history background check reveal that a resident is an
17identified offender as defined in Section 1-114.01.
18    (d) If an expanded criminal history background check
19reveals that a resident is an identified offender as defined
20in Section 1-114.01, the facility shall be notified within 72
21hours.
22    (e) The cost of the expanded criminal history background
23checks conducted pursuant to the pilot program shall not
24exceed $50 per resident and shall be paid by the facility. The
25Illinois Department of State Police shall implement all
26potential measures to minimize the cost of the expanded

 

 

SB2037- 789 -LRB102 17120 WGH 22551 b

1criminal history background checks to the participating long
2term care facilities.
3    (f) The pilot program shall run for a period of one year
4after the effective date of this amendatory Act of the 96th
5General Assembly. Promptly after the end of that one-year
6period, the Department shall report the results of the pilot
7program to the General Assembly.
8(Source: P.A. 96-1372, eff. 7-29-10.)
 
9    Section 545. The MC/DD Act is amended by changing Sections
101-114.01, 2-201.5, and 2-201.6 as follows:
 
11    (210 ILCS 46/1-114.01)
12    Sec. 1-114.01. Identified offender. "Identified offender"
13means a person who meets any of the following criteria:
14        (1) Has been convicted of, found guilty of,
15    adjudicated delinquent for, found not guilty by reason of
16    insanity for, or found unfit to stand trial for any felony
17    offense listed in Section 25 of the Health Care Worker
18    Background Check Act, except for the following:
19            (i) a felony offense described in Section 10-5 of
20        the Nurse Practice Act;
21            (ii) a felony offense described in Section 4, 5,
22        6, 8, or 17.02 of the Illinois Credit Card and Debit
23        Card Act;
24            (iii) a felony offense described in Section 5,

 

 

SB2037- 790 -LRB102 17120 WGH 22551 b

1        5.1, 5.2, 7, or 9 of the Cannabis Control Act;
2            (iv) a felony offense described in Section 401,
3        401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
4        Controlled Substances Act; and
5            (v) a felony offense described in the
6        Methamphetamine Control and Community Protection Act.
7        (2) Has been convicted of, adjudicated delinquent for,
8    found not guilty by reason of insanity for, or found unfit
9    to stand trial for, any sex offense as defined in
10    subsection (c) of Section 10 of the Sex Offender
11    Management Board Act.
12        (3) Is any other resident as determined by the
13    Illinois Department of State Police.
14(Source: P.A. 99-180, eff. 7-29-15.)
 
15    (210 ILCS 46/2-201.5)
16    Sec. 2-201.5. Screening prior to admission.
17    (a) All persons age 18 or older seeking admission to a
18facility must be screened to determine the need for facility
19services prior to being admitted, regardless of income,
20assets, or funding source. In addition, any person who seeks
21to become eligible for medical assistance from the Medical
22Assistance Program under the Illinois Public Aid Code to pay
23for services while residing in a facility must be screened
24prior to receiving those benefits. Screening for facility
25services shall be administered through procedures established

 

 

SB2037- 791 -LRB102 17120 WGH 22551 b

1by administrative rule. Screening may be done by agencies
2other than the Department as established by administrative
3rule.
4    (a-1) Any screening shall also include an evaluation of
5whether there are residential supports and services or an
6array of community services that would enable the person to
7live in the community. The person shall be told about the
8existence of any such services that would enable the person to
9live safely and humanely in the least restrictive environment,
10that is appropriate, that the individual or guardian chooses,
11and the person shall be given the assistance necessary to
12avail himself or herself of any available services.
13    (b) In addition to the screening required by subsection
14(a), a facility shall, within 24 hours after admission,
15request a criminal history background check pursuant to the
16Uniform Conviction Information Act for all persons age 18 or
17older seeking admission to the facility. Background checks
18conducted pursuant to this Section shall be based on the
19resident's name, date of birth, and other identifiers as
20required by the Illinois Department of State Police. If the
21results of the background check are inconclusive, the facility
22shall initiate a fingerprint-based check, unless the
23fingerprint-based check is waived by the Director of Public
24Health based on verification by the facility that the resident
25is completely immobile or that the resident meets other
26criteria related to the resident's health or lack of potential

 

 

SB2037- 792 -LRB102 17120 WGH 22551 b

1risk which may be established by Departmental rule. A waiver
2issued pursuant to this Section shall be valid only while the
3resident is immobile or while the criteria supporting the
4waiver exist. The facility shall provide for or arrange for
5any required fingerprint-based checks. If a fingerprint-based
6check is required, the facility shall arrange for it to be
7conducted in a manner that is respectful of the resident's
8dignity and that minimizes any emotional or physical hardship
9to the resident.
10    (c) If the results of a resident's criminal history
11background check reveal that the resident is an identified
12offender as defined in Section 1-114.01 of this Act, the
13facility shall do the following:
14        (1) Immediately notify the Illinois Department of
15    State Police, in the form and manner required by the
16    Illinois Department of State Police, in collaboration with
17    the Department of Public Health, that the resident is an
18    identified offender.
19        (2) Within 72 hours, arrange for a fingerprint-based
20    criminal history record inquiry to be requested on the
21    identified offender resident. The inquiry shall be based
22    on the subject's name, sex, race, date of birth,
23    fingerprint images, and other identifiers required by the
24    Illinois Department of State Police. The inquiry shall be
25    processed through the files of the Illinois Department of
26    State Police and the Federal Bureau of Investigation to

 

 

SB2037- 793 -LRB102 17120 WGH 22551 b

1    locate any criminal history record information that may
2    exist regarding the subject. The Federal Bureau of
3    Investigation shall furnish to the Illinois Department of
4    State Police, pursuant to an inquiry under this paragraph
5    (2), any criminal history record information contained in
6    its files. The facility shall comply with all applicable
7    provisions contained in the Uniform Conviction Information
8    Act. All name-based and fingerprint-based criminal history
9    record inquiries shall be submitted to the Illinois
10    Department of State Police electronically in the form and
11    manner prescribed by the Illinois Department of State
12    Police. The Illinois Department of State Police may charge
13    the facility a fee for processing name-based and
14    fingerprint-based criminal history record inquiries. The
15    fee shall be deposited into the State Police Services
16    Fund. The fee shall not exceed the actual cost of
17    processing the inquiry.
18    (d) The Department shall develop and maintain a
19de-identified database of residents who have injured facility
20staff, facility visitors, or other residents, and the
21attendant circumstances, solely for the purposes of evaluating
22and improving resident pre-screening and assessment procedures
23(including the Criminal History Report prepared under Section
242-201.6 of this Act) and the adequacy of Department
25requirements concerning the provision of care and services to
26residents. A resident shall not be listed in the database

 

 

SB2037- 794 -LRB102 17120 WGH 22551 b

1until a Department survey confirms the accuracy of the
2listing. The names of persons listed in the database and
3information that would allow them to be individually
4identified shall not be made public. Neither the Department
5nor any other agency of State government may use information
6in the database to take any action against any individual,
7licensee, or other entity unless the Department or agency
8receives the information independent of this subsection (d).
9All information collected, maintained, or developed under the
10authority of this subsection (d) for the purposes of the
11database maintained under this subsection (d) shall be treated
12in the same manner as information that is subject to Part 21 of
13Article VIII of the Code of Civil Procedure.
14(Source: P.A. 99-180, eff. 7-29-15.)
 
15    (210 ILCS 46/2-201.6)
16    Sec. 2-201.6. Criminal History Report.
17    (a) The Illinois Department of State Police shall prepare
18a Criminal History Report when it receives information,
19through the criminal history background check required
20pursuant to subsection (c) of Section 2-201.5 or through any
21other means, that a resident of a facility is an identified
22offender.
23    (b) The Illinois Department of State Police shall complete
24the Criminal History Report within 10 business days after
25receiving any information described under subsection (a) of

 

 

SB2037- 795 -LRB102 17120 WGH 22551 b

1this Act that a resident is an identified offender.
2    (c) The Criminal History Report shall include, but not be
3limited to, all of the following:
4        (1) Copies of the identified offender's parole,
5    mandatory supervised release, or probation orders.
6        (2) An interview with the identified offender.
7        (3) A detailed summary of the entire criminal history
8    of the offender, including arrests, convictions, and the
9    date of the identified offender's last conviction relative
10    to the date of admission to a facility.
11        (4) If the identified offender is a convicted or
12    registered sex offender, then a review of any and all sex
13    offender evaluations conducted on that offender. If there
14    is no sex offender evaluation available, then the Illinois
15    Department of State Police shall arrange, through the
16    Department of Public Health, for a sex offender evaluation
17    to be conducted on the identified offender. If the
18    convicted or registered sex offender is under supervision
19    by the Illinois Department of Corrections or a county
20    probation department, then the sex offender evaluation
21    shall be arranged by and at the expense of the supervising
22    agency. All evaluations conducted on convicted or
23    registered sex offenders under this Act shall be conducted
24    by sex offender evaluators approved by the Sex Offender
25    Management Board.
26    (d) The Illinois Department of State Police shall provide

 

 

SB2037- 796 -LRB102 17120 WGH 22551 b

1the Criminal History Report to a licensed forensic
2psychologist. The licensed forensic psychologist shall prepare
3an Identified Offender Report and Recommendation after (i)
4consideration of the Criminal History Report, (ii)
5consultation with the facility administrator or the facility
6medical director, or both, regarding the mental and physical
7condition of the identified offender, and (iii) reviewing the
8facility's file on the identified offender, including all
9incident reports, all information regarding medication and
10medication compliance, and all information regarding previous
11discharges or transfers from other facilities. The Identified
12Offender Report and Recommendation shall detail whether and to
13what extent the identified offender's criminal history
14necessitates the implementation of security measures within
15the facility. If the identified offender is a convicted or
16registered sex offender, or if the Identified Offender Report
17and Recommendation reveals that the identified offender poses
18a significant risk of harm to others within the facility, then
19the offender shall be required to have his or her own room
20within the facility.
21    (e) The licensed forensic psychologist shall complete the
22Identified Offender Report and Recommendation within 14
23business days after receiving the Criminal History Report and
24shall promptly provide the Identified Offender Report and
25Recommendation to the Illinois Department of State Police,
26which shall provide the Identified Offender Report and

 

 

SB2037- 797 -LRB102 17120 WGH 22551 b

1Recommendation to the following:
2        (1) The facility within which the identified offender
3    resides.
4        (2) The Chief of Police of the municipality in which
5    the facility is located.
6        (3) The State of Illinois Long Term Care Ombudsman.
7        (4) The Department of Public Health.
8    (f) The Department of Public Health shall keep a
9continuing record of all residents determined to be identified
10offenders as defined in Section 1-114.01 and shall report the
11number of identified offender residents annually to the
12General Assembly.
13    (g) The facility shall incorporate the Identified Offender
14Report and Recommendation into the identified offender's
15individual program plan created pursuant to 42 CFR 483.440(c).
16    (h) If, based on the Identified Offender Report and
17Recommendation, a facility determines that it cannot manage
18the identified offender resident safely within the facility,
19then it shall commence involuntary transfer or discharge
20proceedings pursuant to Section 3-402.
21    (i) Except for willful and wanton misconduct, any person
22authorized to participate in the development of a Criminal
23History Report or Identified Offender Report and
24Recommendation is immune from criminal or civil liability for
25any acts or omissions as the result of his or her good faith
26effort to comply with this Section.

 

 

SB2037- 798 -LRB102 17120 WGH 22551 b

1(Source: P.A. 99-180, eff. 7-29-15.)
 
2    Section 550. The ID/DD Community Care Act is amended by
3changing Sections 1-114.01, 2-201.5, and 2-201.6 as follows:
 
4    (210 ILCS 47/1-114.01)
5    Sec. 1-114.01. Identified offender. "Identified offender"
6means a person who meets any of the following criteria:
7        (1) Has been convicted of, found guilty of,
8    adjudicated delinquent for, found not guilty by reason of
9    insanity for, or found unfit to stand trial for any felony
10    offense listed in Section 25 of the Health Care Worker
11    Background Check Act, except for the following:
12            (i) a felony offense described in Section 10-5 of
13        the Nurse Practice Act;
14            (ii) a felony offense described in Section 4, 5,
15        6, 8, or 17.02 of the Illinois Credit Card and Debit
16        Card Act;
17            (iii) a felony offense described in Section 5,
18        5.1, 5.2, 7, or 9 of the Cannabis Control Act;
19            (iv) a felony offense described in Section 401,
20        401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
21        Controlled Substances Act; and
22            (v) a felony offense described in the
23        Methamphetamine Control and Community Protection Act.
24        (2) Has been convicted of, adjudicated delinquent for,

 

 

SB2037- 799 -LRB102 17120 WGH 22551 b

1    found not guilty by reason of insanity for, or found unfit
2    to stand trial for, any sex offense as defined in
3    subsection (c) of Section 10 of the Sex Offender
4    Management Board Act.
5        (3) Is any other resident as determined by the
6    Illinois Department of State Police.
7(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
 
8    (210 ILCS 47/2-201.5)
9    Sec. 2-201.5. Screening prior to admission.
10    (a) All persons age 18 or older seeking admission to a
11facility must be screened to determine the need for facility
12services prior to being admitted, regardless of income,
13assets, or funding source. In addition, any person who seeks
14to become eligible for medical assistance from the Medical
15Assistance Program under the Illinois Public Aid Code to pay
16for services while residing in a facility must be screened
17prior to receiving those benefits. Screening for facility
18services shall be administered through procedures established
19by administrative rule. Screening may be done by agencies
20other than the Department as established by administrative
21rule.
22    (a-1) Any screening shall also include an evaluation of
23whether there are residential supports and services or an
24array of community services that would enable the person to
25live in the community. The person shall be told about the

 

 

SB2037- 800 -LRB102 17120 WGH 22551 b

1existence of any such services that would enable the person to
2live safely and humanely in the least restrictive environment,
3that is appropriate, that the individual or guardian chooses,
4and the person shall be given the assistance necessary to
5avail himself or herself of any available services.
6    (b) In addition to the screening required by subsection
7(a), a facility shall, within 24 hours after admission,
8request a criminal history background check pursuant to the
9Uniform Conviction Information Act for all persons age 18 or
10older seeking admission to the facility. Background checks
11conducted pursuant to this Section shall be based on the
12resident's name, date of birth, and other identifiers as
13required by the Illinois Department of State Police. If the
14results of the background check are inconclusive, the facility
15shall initiate a fingerprint-based check, unless the
16fingerprint-based check is waived by the Director of Public
17Health based on verification by the facility that the resident
18is completely immobile or that the resident meets other
19criteria related to the resident's health or lack of potential
20risk which may be established by Departmental rule. A waiver
21issued pursuant to this Section shall be valid only while the
22resident is immobile or while the criteria supporting the
23waiver exist. The facility shall provide for or arrange for
24any required fingerprint-based checks. If a fingerprint-based
25check is required, the facility shall arrange for it to be
26conducted in a manner that is respectful of the resident's

 

 

SB2037- 801 -LRB102 17120 WGH 22551 b

1dignity and that minimizes any emotional or physical hardship
2to the resident.
3    (c) If the results of a resident's criminal history
4background check reveal that the resident is an identified
5offender as defined in Section 1-114.01 of this Act, the
6facility shall do the following:
7        (1) Immediately notify the Illinois Department of
8    State Police, in the form and manner required by the
9    Illinois Department of State Police, in collaboration with
10    the Department of Public Health, that the resident is an
11    identified offender.
12        (2) Within 72 hours, arrange for a fingerprint-based
13    criminal history record inquiry to be requested on the
14    identified offender resident. The inquiry shall be based
15    on the subject's name, sex, race, date of birth,
16    fingerprint images, and other identifiers required by the
17    Illinois Department of State Police. The inquiry shall be
18    processed through the files of the Illinois Department of
19    State Police and the Federal Bureau of Investigation to
20    locate any criminal history record information that may
21    exist regarding the subject. The Federal Bureau of
22    Investigation shall furnish to the Illinois Department of
23    State Police, pursuant to an inquiry under this paragraph
24    (2), any criminal history record information contained in
25    its files. The facility shall comply with all applicable
26    provisions contained in the Uniform Conviction Information

 

 

SB2037- 802 -LRB102 17120 WGH 22551 b

1    Act. All name-based and fingerprint-based criminal history
2    record inquiries shall be submitted to the Illinois
3    Department of State Police electronically in the form and
4    manner prescribed by the Illinois Department of State
5    Police. The Illinois Department of State Police may charge
6    the facility a fee for processing name-based and
7    fingerprint-based criminal history record inquiries. The
8    fee shall be deposited into the State Police Services
9    Fund. The fee shall not exceed the actual cost of
10    processing the inquiry.
11    (d) The Department shall develop and maintain a
12de-identified database of residents who have injured facility
13staff, facility visitors, or other residents, and the
14attendant circumstances, solely for the purposes of evaluating
15and improving resident pre-screening and assessment procedures
16(including the Criminal History Report prepared under Section
172-201.6 of this Act) and the adequacy of Department
18requirements concerning the provision of care and services to
19residents. A resident shall not be listed in the database
20until a Department survey confirms the accuracy of the
21listing. The names of persons listed in the database and
22information that would allow them to be individually
23identified shall not be made public. Neither the Department
24nor any other agency of State government may use information
25in the database to take any action against any individual,
26licensee, or other entity unless the Department or agency

 

 

SB2037- 803 -LRB102 17120 WGH 22551 b

1receives the information independent of this subsection (d).
2All information collected, maintained, or developed under the
3authority of this subsection (d) for the purposes of the
4database maintained under this subsection (d) shall be treated
5in the same manner as information that is subject to Part 21 of
6Article VIII of the Code of Civil Procedure.
7(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
 
8    (210 ILCS 47/2-201.6)
9    Sec. 2-201.6. Criminal History Report.
10    (a) The Illinois Department of State Police shall prepare
11a Criminal History Report when it receives information,
12through the criminal history background check required
13pursuant to subsection (c) of Section 2-201.5 or through any
14other means, that a resident of a facility is an identified
15offender.
16    (b) The Illinois Department of State Police shall complete
17the Criminal History Report within 10 business days after
18receiving any information described under subsection (a) of
19this Act that a resident is an identified offender.
20    (c) The Criminal History Report shall include, but not be
21limited to, all of the following:
22        (1) Copies of the identified offender's parole,
23    mandatory supervised release, or probation orders.
24        (2) An interview with the identified offender.
25        (3) A detailed summary of the entire criminal history

 

 

SB2037- 804 -LRB102 17120 WGH 22551 b

1    of the offender, including arrests, convictions, and the
2    date of the identified offender's last conviction relative
3    to the date of admission to a long-term care facility.
4        (4) If the identified offender is a convicted or
5    registered sex offender, then a review of any and all sex
6    offender evaluations conducted on that offender. If there
7    is no sex offender evaluation available, then the Illinois
8    Department of State Police shall arrange, through the
9    Department of Public Health, for a sex offender evaluation
10    to be conducted on the identified offender. If the
11    convicted or registered sex offender is under supervision
12    by the Illinois Department of Corrections or a county
13    probation department, then the sex offender evaluation
14    shall be arranged by and at the expense of the supervising
15    agency. All evaluations conducted on convicted or
16    registered sex offenders under this Act shall be conducted
17    by sex offender evaluators approved by the Sex Offender
18    Management Board.
19    (d) The Illinois Department of State Police shall provide
20the Criminal History Report to a licensed forensic
21psychologist. The licensed forensic psychologist shall prepare
22an Identified Offender Report and Recommendation after (i)
23consideration of the Criminal History Report, (ii)
24consultation with the facility administrator or the facility
25medical director, or both, regarding the mental and physical
26condition of the identified offender, and (iii) reviewing the

 

 

SB2037- 805 -LRB102 17120 WGH 22551 b

1facility's file on the identified offender, including all
2incident reports, all information regarding medication and
3medication compliance, and all information regarding previous
4discharges or transfers from other facilities. The Identified
5Offender Report and Recommendation shall detail whether and to
6what extent the identified offender's criminal history
7necessitates the implementation of security measures within
8the facility. If the identified offender is a convicted or
9registered sex offender, or if the Identified Offender Report
10and Recommendation reveals that the identified offender poses
11a significant risk of harm to others within the facility, then
12the offender shall be required to have his or her own room
13within the facility.
14    (e) The licensed forensic psychologist shall complete the
15Identified Offender Report and Recommendation within 14
16business days after receiving the Criminal History Report and
17shall promptly provide the Identified Offender Report and
18Recommendation to the Illinois Department of State Police,
19which shall provide the Identified Offender Report and
20Recommendation to the following:
21        (1) The facility within which the identified offender
22    resides.
23        (2) The Chief of Police of the municipality in which
24    the facility is located.
25        (3) The State of Illinois Long Term Care Ombudsman.
26        (4) The Department of Public Health.

 

 

SB2037- 806 -LRB102 17120 WGH 22551 b

1    (f) The Department of Public Health shall keep a
2continuing record of all residents determined to be identified
3offenders as defined in Section 1-114.01 and shall report the
4number of identified offender residents annually to the
5General Assembly.
6    (g) The facility shall incorporate the Identified Offender
7Report and Recommendation into the identified offender's
8individual program plan created pursuant to 42 CFR 483.440(c).
9    (h) If, based on the Identified Offender Report and
10Recommendation, a facility determines that it cannot manage
11the identified offender resident safely within the facility,
12then it shall commence involuntary transfer or discharge
13proceedings pursuant to Section 3-402.
14    (i) Except for willful and wanton misconduct, any person
15authorized to participate in the development of a Criminal
16History Report or Identified Offender Report and
17Recommendation is immune from criminal or civil liability for
18any acts or omissions as the result of his or her good faith
19effort to comply with this Section.
20(Source: P.A. 97-38, eff. 6-28-11.)
 
21    Section 555. The Specialized Mental Health Rehabilitation
22Act of 2013 is amended by changing Sections 2-104 and 2-105 as
23follows:
 
24    (210 ILCS 49/2-104)

 

 

SB2037- 807 -LRB102 17120 WGH 22551 b

1    Sec. 2-104. Screening prior to admission.
2    (a) A facility shall, within 24 hours after admission,
3request a criminal history background check pursuant to the
4Uniform Conviction Information Act for all persons age 18 or
5older seeking admission to the facility, unless a background
6check was initiated by a hospital pursuant to subsection (d)
7of Section 6.09 of the Hospital Licensing Act. Background
8checks conducted pursuant to this Section shall be based on
9the consumer's name, date of birth, and other identifiers as
10required by the Illinois Department of State Police. If the
11results of the background check are inconclusive, the facility
12shall initiate a fingerprint-based check, unless the
13fingerprint check is waived by the Director of Public Health
14based on verification by the facility that the consumer meets
15criteria related to the consumer's health or lack of potential
16risk which may be established by Departmental rule. A waiver
17issued pursuant to this Section shall be valid only while the
18consumer is immobile or while the criteria supporting the
19waiver exist. The facility shall provide for or arrange for
20any required fingerprint-based checks to be taken on the
21premises of the facility. If a fingerprint-based check is
22required, the facility shall arrange for it to be conducted in
23a manner that is respectful of the consumer's dignity and that
24minimizes any emotional or physical hardship to the consumer.
25    (b) If the results of a consumer's criminal history
26background check reveal that the consumer is an identified

 

 

SB2037- 808 -LRB102 17120 WGH 22551 b

1offender as defined in this Act, the facility shall do the
2following:
3        (1) Immediately notify the Illinois Department of
4    State Police, in the form and manner required by the
5    Illinois Department of State Police, in collaboration with
6    the Department of Public Health, that the consumer is an
7    identified offender.
8        (2) Within 72 hours, arrange for a fingerprint-based
9    criminal history record inquiry to be requested on the
10    identified offender consumer. The inquiry shall be based
11    on the subject's name, sex, race, date of birth,
12    fingerprint images, and other identifiers required by the
13    Illinois Department of State Police. The inquiry shall be
14    processed through the files of the Illinois Department of
15    State Police and the Federal Bureau of Investigation to
16    locate any criminal history record information that may
17    exist regarding the subject. The Federal Bureau of
18    Investigation shall furnish to the Illinois Department of
19    State Police, pursuant to an inquiry under this paragraph
20    (2), any criminal history record information contained in
21    its files.
22(Source: P.A. 98-104, eff. 7-22-13.)
 
23    (210 ILCS 49/2-105)
24    Sec. 2-105. Criminal History Report.
25    (a) The Illinois Department of State Police shall prepare

 

 

SB2037- 809 -LRB102 17120 WGH 22551 b

1a Criminal History Report when it receives information,
2through the criminal history background check required
3pursuant to subsection (d) of Section 6.09 of the Hospital
4Licensing Act or subsection (c) of Section 2-201.5 of the
5Nursing Home Care Act, or through any other means, that a
6consumer of a facility is an identified offender.
7    (b) The Illinois Department of State Police shall complete
8the Criminal History Report within 10 business days after
9receiving information under subsection (a) that a consumer is
10an identified offender.
11    (c) The Criminal History Report shall include, but not be
12limited to, the following:
13        (1) Copies of the identified offender's parole,
14    mandatory supervised release, or probation orders.
15        (2) An interview with the identified offender.
16        (3) A detailed summary of the entire criminal history
17    of the offender, including arrests, convictions, and the
18    date of the identified offender's last conviction relative
19    to the date of admission to a long-term care facility.
20        (4) If the identified offender is a convicted or
21    registered sex offender, a review of any and all sex
22    offender evaluations conducted on that offender. If there
23    is no sex offender evaluation available, the Illinois
24    Department of State Police shall arrange, through the
25    Department of Public Health, for a sex offender evaluation
26    to be conducted on the identified offender. If the

 

 

SB2037- 810 -LRB102 17120 WGH 22551 b

1    convicted or registered sex offender is under supervision
2    by the Illinois Department of Corrections or a county
3    probation department, the sex offender evaluation shall be
4    arranged by and at the expense of the supervising agency.
5    All evaluations conducted on convicted or registered sex
6    offenders under this Act shall be conducted by sex
7    offender evaluators approved by the Sex Offender
8    Management Board.
9    (d) The Illinois Department of State Police shall provide
10the Criminal History Report to a licensed forensic
11psychologist. After (i) consideration of the Criminal History
12Report, (ii) consultation with the facility administrator or
13the facility medical director, or both, regarding the mental
14and physical condition of the identified offender, and (iii)
15reviewing the facility's file on the identified offender,
16including all incident reports, all information regarding
17medication and medication compliance, and all information
18regarding previous discharges or transfers from other
19facilities, the licensed forensic psychologist shall prepare
20an Identified Offender Report and Recommendation. The
21Identified Offender Report and Recommendation shall detail
22whether and to what extent the identified offender's criminal
23history necessitates the implementation of security measures
24within the long-term care facility. If the identified offender
25is a convicted or registered sex offender or if the Identified
26Offender Report and Recommendation reveals that the identified

 

 

SB2037- 811 -LRB102 17120 WGH 22551 b

1offender poses a significant risk of harm to others within the
2facility, the offender shall be required to have his or her own
3room within the facility.
4    (e) The licensed forensic psychologist shall complete the
5Identified Offender Report and Recommendation within 14
6business days after receiving the Criminal History Report and
7shall promptly provide the Identified Offender Report and
8Recommendation to the Illinois Department of State Police,
9which shall provide the Identified Offender Report and
10Recommendation to the following:
11        (1) The facility within which the identified offender
12    resides.
13        (2) The Chief of Police of the municipality in which
14    the facility is located.
15        (3) The State of Illinois Long Term Care Ombudsman.
16        (4) The Department of Public Health.
17    (e-5) The Department of Public Health shall keep a
18continuing record of all consumers determined to be identified
19offenders as defined in Section 1-114.01 of the Nursing Home
20Care Act and shall report the number of identified offender
21consumers annually to the General Assembly.
22    (f) The facility shall incorporate the Identified Offender
23Report and Recommendation into the identified offender's care
24plan created pursuant to 42 CFR 483.20.
25    (g) If, based on the Identified Offender Report and
26Recommendation, a facility determines that it cannot manage

 

 

SB2037- 812 -LRB102 17120 WGH 22551 b

1the identified offender consumer safely within the facility,
2it shall commence involuntary transfer or discharge
3proceedings pursuant to Section 3-402.
4    (h) Except for willful and wanton misconduct, any person
5authorized to participate in the development of a Criminal
6History Report or Identified Offender Report and
7Recommendation is immune from criminal or civil liability for
8any acts or omissions as the result of his or her good faith
9effort to comply with this Section.
10(Source: P.A. 98-104, eff. 7-22-13.)
 
11    Section 560. The Hospital Licensing Act is amended by
12changing Section 6.09 as follows:
 
13    (210 ILCS 85/6.09)  (from Ch. 111 1/2, par. 147.09)
14    Sec. 6.09. (a) In order to facilitate the orderly
15transition of aged patients and patients with disabilities
16from hospitals to post-hospital care, whenever a patient who
17qualifies for the federal Medicare program is hospitalized,
18the patient shall be notified of discharge at least 24 hours
19prior to discharge from the hospital. With regard to pending
20discharges to a skilled nursing facility, the hospital must
21notify the case coordination unit, as defined in 89 Ill. Adm.
22Code 240.260, at least 24 hours prior to discharge. When the
23assessment is completed in the hospital, the case coordination
24unit shall provide a copy of the required assessment

 

 

SB2037- 813 -LRB102 17120 WGH 22551 b

1documentation directly to the nursing home to which the
2patient is being discharged prior to discharge. The Department
3on Aging shall provide notice of this requirement to case
4coordination units. When a case coordination unit is unable to
5complete an assessment in a hospital prior to the discharge of
6a patient, 60 years of age or older, to a nursing home, the
7case coordination unit shall notify the Department on Aging
8which shall notify the Department of Healthcare and Family
9Services. The Department of Healthcare and Family Services and
10the Department on Aging shall adopt rules to address these
11instances to ensure that the patient is able to access nursing
12home care, the nursing home is not penalized for accepting the
13admission, and the patient's timely discharge from the
14hospital is not delayed, to the extent permitted under federal
15law or regulation. Nothing in this subsection shall preclude
16federal requirements for a pre-admission screening/mental
17health (PAS/MH) as required under Section 2-201.5 of the
18Nursing Home Care Act or State or federal law or regulation. If
19home health services are ordered, the hospital must inform its
20designated case coordination unit, as defined in 89 Ill. Adm.
21Code 240.260, of the pending discharge and must provide the
22patient with the case coordination unit's telephone number and
23other contact information.
24    (b) Every hospital shall develop procedures for a
25physician with medical staff privileges at the hospital or any
26appropriate medical staff member to provide the discharge

 

 

SB2037- 814 -LRB102 17120 WGH 22551 b

1notice prescribed in subsection (a) of this Section. The
2procedures must include prohibitions against discharging or
3referring a patient to any of the following if unlicensed,
4uncertified, or unregistered: (i) a board and care facility,
5as defined in the Board and Care Home Act; (ii) an assisted
6living and shared housing establishment, as defined in the
7Assisted Living and Shared Housing Act; (iii) a facility
8licensed under the Nursing Home Care Act, the Specialized
9Mental Health Rehabilitation Act of 2013, the ID/DD Community
10Care Act, or the MC/DD Act; (iv) a supportive living facility,
11as defined in Section 5-5.01a of the Illinois Public Aid Code;
12or (v) a free-standing hospice facility licensed under the
13Hospice Program Licensing Act if licensure, certification, or
14registration is required. The Department of Public Health
15shall annually provide hospitals with a list of licensed,
16certified, or registered board and care facilities, assisted
17living and shared housing establishments, nursing homes,
18supportive living facilities, facilities licensed under the
19ID/DD Community Care Act, the MC/DD Act, or the Specialized
20Mental Health Rehabilitation Act of 2013, and hospice
21facilities. Reliance upon this list by a hospital shall
22satisfy compliance with this requirement. The procedure may
23also include a waiver for any case in which a discharge notice
24is not feasible due to a short length of stay in the hospital
25by the patient, or for any case in which the patient
26voluntarily desires to leave the hospital before the

 

 

SB2037- 815 -LRB102 17120 WGH 22551 b

1expiration of the 24 hour period.
2    (c) At least 24 hours prior to discharge from the
3hospital, the patient shall receive written information on the
4patient's right to appeal the discharge pursuant to the
5federal Medicare program, including the steps to follow to
6appeal the discharge and the appropriate telephone number to
7call in case the patient intends to appeal the discharge.
8    (d) Before transfer of a patient to a long term care
9facility licensed under the Nursing Home Care Act where
10elderly persons reside, a hospital shall as soon as
11practicable initiate a name-based criminal history background
12check by electronic submission to the Illinois Department of
13State Police for all persons between the ages of 18 and 70
14years; provided, however, that a hospital shall be required to
15initiate such a background check only with respect to patients
16who:
17        (1) are transferring to a long term care facility for
18    the first time;
19        (2) have been in the hospital more than 5 days;
20        (3) are reasonably expected to remain at the long term
21    care facility for more than 30 days;
22        (4) have a known history of serious mental illness or
23    substance abuse; and
24        (5) are independently ambulatory or mobile for more
25    than a temporary period of time.
26    A hospital may also request a criminal history background

 

 

SB2037- 816 -LRB102 17120 WGH 22551 b

1check for a patient who does not meet any of the criteria set
2forth in items (1) through (5).
3    A hospital shall notify a long term care facility if the
4hospital has initiated a criminal history background check on
5a patient being discharged to that facility. In all
6circumstances in which the hospital is required by this
7subsection to initiate the criminal history background check,
8the transfer to the long term care facility may proceed
9regardless of the availability of criminal history results.
10Upon receipt of the results, the hospital shall promptly
11forward the results to the appropriate long term care
12facility. If the results of the background check are
13inconclusive, the hospital shall have no additional duty or
14obligation to seek additional information from, or about, the
15patient.
16(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;
1799-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-642, eff.
187-28-16; 99-857, eff. 1-1-17.)
 
19    Section 565. The Safe Pharmaceutical Disposal Act is
20amended by changing Section 18 as follows:
 
21    (210 ILCS 150/18)
22    Sec. 18. Unused medications at the scene of a death.
23    (a) Notwithstanding any provision of law to the contrary,
24the Illinois Department of State Police may by rule authorize

 

 

SB2037- 817 -LRB102 17120 WGH 22551 b

1State Police officers to dispose of any unused medications
2found at the scene of a death the State Police officer is
3investigating. A State Police officer may only dispose of any
4unused medications under this subsection after consulting with
5any other investigating law enforcement agency to ensure that
6the unused medications will not be needed as evidence in any
7investigation. This Section shall not apply to any unused
8medications a State Police officer takes into custody as part
9of any investigation into a crime.
10    (b) Notwithstanding any provision of law to the contrary,
11a local governmental agency may authorize police officers to
12dispose of any unused medications found at the scene of a death
13a police officer is investigating. A police officer may only
14dispose of any unused medications under this subsection after
15consulting with any other investigating law enforcement agency
16to ensure that the unused medications will not be needed as
17evidence in any investigation. This Section shall not apply to
18any unused medications a police officer takes into custody as
19part of any investigation into a crime.
20    (c) Notwithstanding any provision of law to the contrary,
21a coroner or medical examiner may dispose of any unused
22medications found at the scene of a death the coroner or
23medical examiner is investigating. A coroner or medical
24examiner may only dispose of any unused medications under this
25subsection after consulting with any investigating law
26enforcement agency to ensure that the unused medications will

 

 

SB2037- 818 -LRB102 17120 WGH 22551 b

1not be needed as evidence in any investigation.
2    (d) Any disposal under this Section shall be in accordance
3with Section 17 of this Act or another State or federally
4approved medication take-back program or location.
5    (e) This Section shall not apply to prescription drugs for
6which the United States Food and Drug Administration created a
7Risk Evaluation and Mitigation Strategy for under the Food and
8Drug Administration Amendments Act of 2007.
9    (f) Nothing in this Section shall be construed to require
10a search of the scene for unused medications.
11    (g) Prior to disposal of any medication collected as
12evidence in a criminal investigation under this Section, a
13State Police officer, police officer, coroner, or medical
14examiner shall photograph the unused medication and its
15container or packaging, if available; document the number or
16amount of medication to be disposed; and include the
17photographs and documentation in the police report, coroner
18report, or medical examiner report.
19    (h) If an autopsy is performed as part of a death
20investigation, no medication seized under this Section shall
21be disposed of until after a toxicology report is received by
22the entity requesting the report.
23    (i) If a police officer, State Police officer, coroner, or
24medical examiner is not present at the scene of a death, a
25nurse may dispose of any unused medications found at the scene
26of a death the nurse is present at while engaging in the

 

 

SB2037- 819 -LRB102 17120 WGH 22551 b

1performance of his or her duties. A nurse may dispose of any
2unused medications under this subsection only after consulting
3with any investigating law enforcement agency to ensure that
4the unused medications will not be needed as evidence in an
5investigation.
6    (j) When an individual authorized to dispose of unused
7medication under this Section disposes of unused medication
8under this Section in good faith, the individual, and his or
9her employer, employees, and agents, shall incur no criminal
10liability or professional discipline.
11(Source: P.A. 99-648, eff. 1-1-17; 100-345, eff. 8-25-17.)
 
12    Section 570. The Health Care Violence Prevention Act is
13amended by changing Section 30 as follows:
 
14    (210 ILCS 160/30)
15    Sec. 30. Medical care for committed persons.
16    (a) If a committed person receives medical care and
17treatment at a place other than an institution or facility of
18the Department of Corrections, a county, or a municipality,
19then the institution or facility shall:
20        (1) to the greatest extent practicable, notify the
21    hospital or medical facility that is treating the
22    committed person prior to the committed person's visit and
23    notify the hospital or medical facility of any significant
24    medical, mental health, recent violent actions, or other

 

 

SB2037- 820 -LRB102 17120 WGH 22551 b

1    safety concerns regarding the patient;
2        (2) to the greatest extent practicable, ensure the
3    transferred committed person is accompanied by the most
4    comprehensive medical records possible;
5        (3) provide at least one guard trained in custodial
6    escort and custody of high-risk committed persons to
7    accompany any committed person. The custodial agency shall
8    attest to such training for custodial escort and custody
9    of high-risk committed persons through: (A) the training
10    of the Department of Corrections, Department of Juvenile
11    Justice, or Illinois Department of State Police; (B) law
12    enforcement training that is substantially equivalent to
13    the training of the Department of Corrections, Department
14    of Juvenile Justice, or Illinois Department of State
15    Police; or (C) the training described in Section 35. Under
16    no circumstances may leg irons or shackles or waist
17    shackles be used on any pregnant female prisoner who is in
18    labor. In addition, restraint of a pregnant female
19    prisoner in the custody of the Cook County shall comply
20    with Section 3-15003.6 of the Counties Code. Additionally,
21    restraints shall not be used on a committed person if
22    medical personnel determine that the restraints would
23    impede medical treatment; and
24        (4) ensure that only medical personnel, Department of
25    Corrections, county, or municipality personnel, and
26    visitors on the committed person's approved institutional

 

 

SB2037- 821 -LRB102 17120 WGH 22551 b

1    visitors list may visit the committed person. Visitation
2    by a person on the committed person's approved
3    institutional visitors list shall be subject to the rules
4    and procedures of the hospital or medical facility and the
5    Department of Corrections, county, or municipality. In any
6    situation in which a committed person is being visited:
7            (A) the name of the visitor must be listed per the
8        facility's or institution's documentation;
9            (B) the visitor shall submit to the search of his
10        or her person or any personal property under his or her
11        control at any time; and
12            (C) the custodial agency may deny the committed
13        person access to a telephone or limit the number of
14        visitors the committed person may receive for purposes
15        of safety.
16    If a committed person receives medical care and treatment
17at a place other than an institution or facility of the
18Department of Corrections, county, or municipality, then the
19custodial agency shall ensure that the committed person is
20wearing security restraints in accordance with the custodial
21agency's rules and procedures if the custodial agency
22determines that restraints are necessary for the following
23reasons: (i) to prevent physical harm to the committed person
24or another person; (ii) because the committed person has a
25history of disruptive behavior that has placed others in
26potentially harmful situations or presents a substantial risk

 

 

SB2037- 822 -LRB102 17120 WGH 22551 b

1of inflicting physical harm on himself or herself or others as
2evidenced by recent behavior; or (iii) there is a well-founded
3belief that the committed person presents a substantial risk
4of flight. Under no circumstances may leg irons or shackles or
5waist shackles be used on any pregnant female prisoner who is
6in labor. In addition, restraint of a pregnant female prisoner
7in the custody of the Cook County shall comply with Section
83-15003.6 of the Counties Code.
9    The hospital or medical facility may establish protocols
10for the receipt of committed persons in collaboration with the
11Department of Corrections, county, or municipality,
12specifically with regard to potentially violent persons.
13    (b) If a committed person receives medical care and
14treatment at a place other than an institution or facility of
15the Department of Juvenile Justice, then the institution or
16facility shall:
17        (1) to the greatest extent practicable, notify the
18    hospital or medical facility that is treating the
19    committed person prior to the committed person's visit,
20    and notify the hospital or medical facility of any
21    significant medical, mental health, recent violent
22    actions, or other safety concerns regarding the patient;
23        (2) to the greatest extent practicable, ensure the
24    transferred committed person is accompanied by the most
25    comprehensive medical records possible;
26        (3) provide: (A) at least one guard trained in

 

 

SB2037- 823 -LRB102 17120 WGH 22551 b

1    custodial escort and custody of high-risk committed
2    persons to accompany any committed person. The custodial
3    agency shall attest to such training for custodial escort
4    and custody of high-risk committed persons through: (i)
5    the training of the Department of Corrections, Department
6    of Juvenile Justice, or Illinois Department of State
7    Police, (ii) law enforcement training that is
8    substantially equivalent to the training of the Department
9    of Corrections, Department of Juvenile Justice, or
10    Illinois Department of State Police, or (iii) the training
11    described in Section 35; or (B) 2 guards to accompany the
12    committed person at all times during the visit to the
13    hospital or medical facility; and
14        (4) ensure that only medical personnel, Department of
15    Juvenile Justice personnel, and visitors on the committed
16    person's approved institutional visitors list may visit
17    the committed person. Visitation by a person on the
18    committed person's approved institutional visitors list
19    shall be subject to the rules and procedures of the
20    hospital or medical facility and the Department of
21    Juvenile Justice. In any situation in which a committed
22    person is being visited:
23            (A) the name of the visitor must be listed per the
24        facility's or institution's documentation;
25            (B) the visitor shall submit to the search of his
26        or her person or any personal property under his or her

 

 

SB2037- 824 -LRB102 17120 WGH 22551 b

1        control at any time; and
2            (C) the custodial agency may deny the committed
3        person access to a telephone or limit the number of
4        visitors the committed person may receive for purposes
5        of safety.
6    If a committed person receives medical care and treatment
7at a place other than an institution or facility of the
8Department of Juvenile Justice, then the Department of
9Juvenile Justice shall ensure that the committed person is
10wearing security restraints on either his or her wrists or
11ankles in accordance with the rules and procedures of the
12Department of Juvenile Justice if the Department of Juvenile
13Justice determines that restraints are necessary for the
14following reasons: (i) to prevent physical harm to the
15committed person or another person; (ii) because the committed
16person has a history of disruptive behavior that has placed
17others in potentially harmful situations or presents a
18substantial risk of inflicting physical harm on himself or
19herself or others as evidenced by recent behavior; or (iii)
20there is a well-founded belief that the committed person
21presents a substantial risk of flight. Any restraints used on
22a committed person under this paragraph shall be the least
23restrictive restraints necessary to prevent flight or physical
24harm to the committed person or another person. Restraints
25shall not be used on the committed person as provided in this
26paragraph if medical personnel determine that the restraints

 

 

SB2037- 825 -LRB102 17120 WGH 22551 b

1would impede medical treatment. Under no circumstances may leg
2irons or shackles or waist shackles be used on any pregnant
3female prisoner who is in labor. In addition, restraint of a
4pregnant female prisoner in the custody of the Cook County
5shall comply with Section 3-15003.6 of the Counties Code.
6    The hospital or medical facility may establish protocols
7for the receipt of committed persons in collaboration with the
8Department of Juvenile Justice, specifically with regard to
9persons recently exhibiting violence.
10(Source: P.A. 100-1051, eff. 1-1-19; 100-1186, eff. 4-5-19.)
 
11    Section 575. The Illinois Insurance Code is amended by
12changing Sections 155.24, 401, and 1520 as follows:
 
13    (215 ILCS 5/155.24)  (from Ch. 73, par. 767.24)
14    Sec. 155.24. Motor Vehicle Theft and Motor Insurance Fraud
15Reporting and Immunity Law.
16    (a) As used in this Section:
17        (1) "authorized governmental agency" means the
18    Illinois Department of State Police, a local governmental
19    police department, a county sheriff's office, a State's
20    Attorney, the Attorney General, a municipal attorney, a
21    United States district attorney, a duly constituted
22    criminal investigative agency of the United States
23    government, the Illinois Department of Insurance, the
24    Illinois Department of Professional Regulation and the

 

 

SB2037- 826 -LRB102 17120 WGH 22551 b

1    office of the Illinois Secretary of State;
2        (2) "relevant" means having a tendency to make the
3    existence of any information that is of consequence to an
4    investigation of motor vehicle theft or insurance fraud
5    investigation or a determination of such issue more
6    probable or less probable than it would be without such
7    information;
8        (3) information will be "deemed important" if within
9    the sole discretion of the authorized governmental agency
10    such information is requested by that authorized
11    governmental agency;
12        (4) "Illinois authorized governmental agency" means an
13    authorized governmental agency as defined in item (1) that
14    is a part of the government of the State of Illinois or any
15    of the counties or municipalities of this State or any
16    other authorized entity; and
17        (5) For the purposes of this Section and Section
18    155.23, "insurer" means insurance companies, insurance
19    support organizations, self-insured entities, and other
20    providers of insurance products and services doing
21    business in the State of Illinois.
22    (b) Upon written request to an insurer by an authorized
23governmental agency, an insurer or agent authorized by an
24insurer to act on its behalf shall release to the requesting
25authorized governmental agency any or all relevant information
26deemed important to the authorized governmental agency which

 

 

SB2037- 827 -LRB102 17120 WGH 22551 b

1the insurer may possess relating to any specific motor vehicle
2theft or motor vehicle insurance fraud. Relevant information
3may include, but is not limited to:
4        (1) Insurance policy information relevant to the motor
5    vehicle theft or motor vehicle insurance fraud under
6    investigation, including any application for such a
7    policy.
8        (2) Policy premium payment records which are
9    available.
10        (3) History of previous claims made by the insured.
11        (4) Information relating to the investigation of the
12    motor vehicle theft or motor vehicle insurance fraud,
13    including statements of any person, proofs of loss and
14    notice of loss.
15    (c) When an insurer knows or reasonably believes to know
16the identity of a person whom it has reason to believe
17committed a criminal or fraudulent act relating to a motor
18vehicle theft or a motor vehicle insurance claim or has
19knowledge of such a criminal or fraudulent act which is
20reasonably believed not to have been reported to an authorized
21governmental agency, then for the purpose of notification and
22investigation, the insurer or an agent authorized by an
23insurer to act on its behalf shall notify an authorized
24governmental agency of such knowledge or reasonable belief and
25provide any additional relevant information in accordance with
26subsection (b) of this Section. When the motor vehicle theft

 

 

SB2037- 828 -LRB102 17120 WGH 22551 b

1or motor vehicle claim that gives rise to the suspected
2criminal or fraudulent act has already generated an incident
3report to an Illinois authorized governmental agency, the
4insurer shall report the suspected criminal or fraudulent act
5to that agency. When no prior incident report has been made,
6the insurer shall report the suspected criminal or fraudulent
7act to the Attorney General or State's Attorney in the county
8or counties where the incident is claimed to have occurred.
9When the incident that gives rise to the suspected criminal or
10fraudulent act is claimed to have occurred outside the State
11of Illinois, but the suspected criminal or fraudulent act
12occurs within the State of Illinois, the insurer shall make
13the report to the Attorney General or State's Attorney in the
14county or counties where the suspected criminal or fraudulent
15act occurred. When the fraud occurs in multiple counties the
16report shall also be sent to the Attorney General.
17    (d) When an insurer provides any of the authorized
18governmental agencies with notice pursuant to this Section it
19shall be deemed sufficient notice to all authorized
20governmental agencies for the purpose of this Act.
21    (e) The authorized governmental agency provided with
22information pursuant to this Section may release or provide
23such information to any other authorized governmental agency.
24    (f) Any insurer providing information to an authorized
25governmental agency pursuant to this Section shall have the
26right to request and receive relevant information from such

 

 

SB2037- 829 -LRB102 17120 WGH 22551 b

1authorized governmental agency, and receive within a
2reasonable time after the completion of the investigation, not
3to exceed 30 days, the information requested.
4    (g) Any information furnished pursuant to this Section
5shall be privileged and not a part of any public record. Except
6as otherwise provided by law, any authorized governmental
7agency, insurer, or an agent authorized by an insurer to act on
8its behalf which receives any information furnished pursuant
9to this Section, shall not release such information to public
10inspection. Such evidence or information shall not be subject
11to subpoena duces tecum in a civil or criminal proceeding
12unless, after reasonable notice to any insurer, agent
13authorized by an insurer to act on its behalf and authorized
14governmental agency which has an interest in such information
15and a hearing, the court determines that the public interest
16and any ongoing investigation by the authorized governmental
17agency, insurer, or any agent authorized by an insurer to act
18on its behalf will not be jeopardized by obedience to such a
19subpoena duces tecum.
20    (h) No insurer, or agent authorized by an insurer on its
21behalf, authorized governmental agency or their respective
22employees shall be subject to any civil or criminal liability
23in a cause of action of any kind for releasing or receiving any
24information pursuant to this Section. Nothing herein is
25intended to or does in any way or manner abrogate or lessen the
26common and statutory law privileges and immunities of an

 

 

SB2037- 830 -LRB102 17120 WGH 22551 b

1insurer, agent authorized by an insurer to act on its behalf or
2authorized governmental agency or any of their respective
3employees.
4(Source: P.A. 92-233, eff. 1-1-02.)
 
5    (215 ILCS 5/401)  (from Ch. 73, par. 1013)
6    Sec. 401. General powers of the director. The Director is
7charged with the rights, powers and duties appertaining to the
8enforcement and execution of all the insurance laws of this
9State. He shall have the power
10        (a) to make reasonable rules and regulations as may be
11    necessary for making effective such laws;
12        (b) to conduct such investigations as may be necessary
13    to determine whether any person has violated any provision
14    of such insurance laws;
15        (c) to conduct such examinations, investigations and
16    hearings in addition to those specifically provided for,
17    as may be necessary and proper for the efficient
18    administration of the insurance laws of this State; and
19        (d) to institute such actions or other lawful
20    proceedings as he may deem necessary for the enforcement
21    of the Illinois Insurance Code or of any Order or action
22    made or taken by him under this Code. The Attorney
23    General, upon request of the Director, may proceed in the
24    courts of this State to enforce an Order or decision in any
25    court proceeding or in any administrative proceeding

 

 

SB2037- 831 -LRB102 17120 WGH 22551 b

1    before the Director.
2    Whenever the Director is authorized or required by law to
3consider some aspect of criminal history record information
4for the purpose of carrying out his statutory powers and
5responsibilities, then, upon request and payment of fees in
6conformance with the requirements of Section 2605-400 of the
7Illinois Department of State Police Law (20 ILCS
82605/2605-400), the Illinois Department of State Police is
9authorized to furnish, pursuant to positive identification,
10such information contained in State files as is necessary to
11meet the requirements of such authorization or statutes.
12(Source: P.A. 91-239, eff. 1-1-00.)
 
13    (215 ILCS 5/1520)
14    Sec. 1520. Application for license.
15    (a) A person applying for a public adjuster license shall
16make application to the Director on the appropriate uniform
17application or other application prescribed by the Director.
18    (b) The applicant shall declare under penalty of perjury
19and under penalty of refusal, suspension, or revocation of the
20license that the statements made in the application are true,
21correct, and complete to the best of the applicant's knowledge
22and belief.
23    (c) In order to make a determination of license
24eligibility, the Director is authorized to require all
25applicants for licensing, including renewal applicants, to

 

 

SB2037- 832 -LRB102 17120 WGH 22551 b

1undergo a fingerprint-based criminal history record check for
2the first year following the effective date of this amendatory
3Act of the 97th General Assembly. The fingerprints and the fee
4required to perform the criminal history record checks shall
5be submitted to the Illinois Department of State Police and
6the Federal Bureau of Investigation (FBI) to conduct a State
7and national criminal history record check. The Illinois
8Department of State Police and the Federal Bureau of
9Investigation shall furnish to the Department of Insurance all
10records of convictions, unless or until expunged, pursuant to
11the fingerprint-based criminal history records check. The
12Illinois Department of State Police shall charge a fee for
13conducting such checks, which fee shall be deposited into the
14State Police Services Fund and shall not exceed the cost of the
15inquiry. The applicant shall be required to pay all fees
16associated with conducting the criminal history record check.
17    (d) The Director may adopt rules to establish procedures
18necessary to carry out the requirements of subsection (c) of
19this Section.
20    (e) The Director is authorized to submit electronic
21fingerprint records and necessary identifying information to
22the NAIC, its affiliates, or subsidiaries for permanent
23retention in a centralized repository. The purpose of such a
24centralized repository is to provide Directors with access to
25fingerprint records in order to perform criminal history
26record checks.

 

 

SB2037- 833 -LRB102 17120 WGH 22551 b

1    (f) Until such time as the Director can obtain and receive
2national criminal history records, the applicant shall obtain
3a copy of his or her fingerprints and complete criminal
4history record from the FBI Criminal Justice Information
5Services Division and the Illinois State Police and provide
6such information to the Department of Insurance.
7(Source: P.A. 96-1332, eff. 1-1-11; 97-207, eff. 7-28-11.)
 
8    Section 580. The Public Utilities Act is amended by
9changing Section 4-101 as follows:
 
10    (220 ILCS 5/4-101)  (from Ch. 111 2/3, par. 4-101)
11    Sec. 4-101. The Commerce Commission shall have general
12supervision of all public utilities, except as otherwise
13provided in this Act, shall inquire into the management of the
14business thereof and shall keep itself informed as to the
15manner and method in which the business is conducted. It shall
16examine those public utilities and keep informed as to their
17general condition, their franchises, capitalization, rates and
18other charges, and the manner in which their plants, equipment
19and other property owned, leased, controlled or operated are
20managed, conducted and operated, not only with respect to the
21adequacy, security and accommodation afforded by their service
22but also with respect to their compliance with this Act and any
23other law, with the orders of the Commission and with the
24charter and franchise requirements.

 

 

SB2037- 834 -LRB102 17120 WGH 22551 b

1    Whenever the Commission is authorized or required by law
2to consider some aspect of criminal history record information
3for the purpose of carrying out its statutory powers and
4responsibilities, then, upon request and payment of fees in
5conformance with the requirements of Section 2605-400 of the
6Illinois Department of State Police Law (20 ILCS
72605/2605-400), the Illinois Department of State Police is
8authorized to furnish, pursuant to positive identification,
9such information contained in State files as is necessary to
10fulfill the request.
11    The Commission shall require all public utilities to
12establish a security policy that includes on-site safeguards
13to restrict physical or electronic access to critical
14infrastructure and computerized control and data systems. The
15Commission shall maintain a record of and each regulated
16entity shall provide to the Commission an annual affidavit
17signed by a representative of the regulated entity that
18states:
19        (1) that the entity has a security policy in place;
20        (2) that the entity has conducted at least one
21    practice exercise based on the security policy within the
22    12 months immediately preceding the date of the affidavit;
23    and
24        (3) with respect to any entity that is an electric
25    public utility, that the entity follows, at a minimum, the
26    most current security standards set forth by the North

 

 

SB2037- 835 -LRB102 17120 WGH 22551 b

1    American Electric Reliability Council.
2(Source: P.A. 94-480, eff. 1-1-06; 94-735, eff. 5-1-06.)
 
3    Section 585. The Child Care Act of 1969 is amended by
4changing Section 4.1 as follows:
 
5    (225 ILCS 10/4.1)  (from Ch. 23, par. 2214.1)
6    Sec. 4.1. Criminal Background Investigations. The
7Department shall require that each child care facility license
8applicant as part of the application process, and each
9employee and volunteer of a child care facility or
10non-licensed service provider, as a condition of employment,
11authorize an investigation to determine if such applicant,
12employee, or volunteer has ever been charged with a crime and
13if so, the disposition of those charges; this authorization
14shall indicate the scope of the inquiry and the agencies which
15may be contacted. Upon this authorization, the Director shall
16request and receive information and assistance from any
17federal, State or local governmental agency as part of the
18authorized investigation. Each applicant, employee, or
19volunteer of a child care facility or non-licensed service
20provider shall submit his or her fingerprints to the Illinois
21Department of State Police in the form and manner prescribed
22by the Illinois Department of State Police. These fingerprints
23shall be checked against the fingerprint records now and
24hereafter filed in the Illinois Department of State Police and

 

 

SB2037- 836 -LRB102 17120 WGH 22551 b

1Federal Bureau of Investigation criminal history records
2databases. The Illinois Department of State Police shall
3charge a fee for conducting the criminal history records
4check, which shall be deposited in the State Police Services
5Fund and shall not exceed the actual cost of the records check.
6The Illinois Department of State Police shall provide
7information concerning any criminal charges, and their
8disposition, now or hereafter filed, against an applicant,
9employee, or volunteer of a child care facility or
10non-licensed service provider upon request of the Department
11of Children and Family Services when the request is made in the
12form and manner required by the Illinois Department of State
13Police.
14    Information concerning convictions of a license applicant,
15employee, or volunteer of a child care facility or
16non-licensed service provider investigated under this Section,
17including the source of the information and any conclusions or
18recommendations derived from the information, shall be
19provided, upon request, to such applicant, employee, or
20volunteer of a child care facility or non-licensed service
21provider prior to final action by the Department on the
22application. State conviction information provided by the
23Illinois Department of State Police regarding employees,
24prospective employees, or volunteers of non-licensed service
25providers and child care facilities licensed under this Act
26shall be provided to the operator of such facility, and, upon

 

 

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1request, to the employee, prospective employee, or volunteer
2of a child care facility or non-licensed service provider. Any
3information concerning criminal charges and the disposition of
4such charges obtained by the Department shall be confidential
5and may not be transmitted outside the Department, except as
6required herein, and may not be transmitted to anyone within
7the Department except as needed for the purpose of evaluating
8an application or an employee or volunteer of a child care
9facility or non-licensed service provider. Only information
10and standards which bear a reasonable and rational relation to
11the performance of a child care facility shall be used by the
12Department or any licensee. Any employee of the Department of
13Children and Family Services, Illinois Department of State
14Police, or a child care facility receiving confidential
15information under this Section who gives or causes to be given
16any confidential information concerning any criminal
17convictions of an applicant, employee, or volunteer of a child
18care facility or non-licensed service provider, shall be
19guilty of a Class A misdemeanor unless release of such
20information is authorized by this Section.
21    A child care facility may hire, on a probationary basis,
22any employee or volunteer of a child care facility or
23non-licensed service provider authorizing a criminal
24background investigation under this Section, pending the
25result of such investigation. Employees and volunteers of a
26child care facility or non-licensed service provider shall be

 

 

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1notified prior to hiring that such employment may be
2terminated on the basis of criminal background information
3obtained by the facility.
4(Source: P.A. 98-570, eff. 8-27-13.)
 
5    Section 590. The Health Care Worker Background Check Act
6is amended by changing Sections 15, 33, 45, 65, and 70 as
7follows:
 
8    (225 ILCS 46/15)
9    Sec. 15. Definitions. In this Act:
10    "Applicant" means an individual enrolling in a training
11program, seeking employment, whether paid or on a volunteer
12basis, with a health care employer who has received a bona fide
13conditional offer of employment.
14    "Conditional offer of employment" means a bona fide offer
15of employment by a health care employer to an applicant, which
16is contingent upon the receipt of a report from the Department
17of Public Health indicating that the applicant does not have a
18record of conviction of any of the criminal offenses
19enumerated in Section 25.
20    "Department" means the Department of Public Health.
21    "Direct care" means the provision of nursing care or
22assistance with feeding, dressing, movement, bathing,
23toileting, or other personal needs, including home services as
24defined in the Home Health, Home Services, and Home Nursing

 

 

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1Agency Licensing Act. The entity responsible for inspecting
2and licensing, certifying, or registering the health care
3employer may, by administrative rule, prescribe guidelines for
4interpreting this definition with regard to the health care
5employers that it licenses.
6    "Director" means the Director of Public Health.
7    "Disqualifying offenses" means those offenses set forth in
8Section 25 of this Act.
9    "Employee" means any individual hired, employed, or
10retained, whether paid or on a volunteer basis, to which this
11Act applies.
12    "Finding" means the Department's determination of whether
13an allegation is verified and substantiated.
14    "Fingerprint-based criminal history records check" means a
15livescan fingerprint-based criminal history records check
16submitted as a fee applicant inquiry in the form and manner
17prescribed by the Illinois Department of State Police.
18    "Health care employer" means:
19        (1) the owner or licensee of any of the following:
20            (i) a community living facility, as defined in the
21        Community Living Facilities Act;
22            (ii) a life care facility, as defined in the Life
23        Care Facilities Act;
24            (iii) a long-term care facility;
25            (iv) a home health agency, home services agency,
26        or home nursing agency as defined in the Home Health,

 

 

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1        Home Services, and Home Nursing Agency Licensing Act;
2            (v) a hospice care program or volunteer hospice
3        program, as defined in the Hospice Program Licensing
4        Act;
5            (vi) a hospital, as defined in the Hospital
6        Licensing Act;
7            (vii) (blank);
8            (viii) a nurse agency, as defined in the Nurse
9        Agency Licensing Act;
10            (ix) a respite care provider, as defined in the
11        Respite Program Act;
12            (ix-a) an establishment licensed under the
13        Assisted Living and Shared Housing Act;
14            (x) a supportive living program, as defined in the
15        Illinois Public Aid Code;
16            (xi) early childhood intervention programs as
17        described in 59 Ill. Adm. Code 121;
18            (xii) the University of Illinois Hospital,
19        Chicago;
20            (xiii) programs funded by the Department on Aging
21        through the Community Care Program;
22            (xiv) programs certified to participate in the
23        Supportive Living Program authorized pursuant to
24        Section 5-5.01a of the Illinois Public Aid Code;
25            (xv) programs listed by the Emergency Medical
26        Services (EMS) Systems Act as Freestanding Emergency

 

 

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1        Centers;
2            (xvi) locations licensed under the Alternative
3        Health Care Delivery Act;
4        (2) a day training program certified by the Department
5    of Human Services;
6        (3) a community integrated living arrangement operated
7    by a community mental health and developmental service
8    agency, as defined in the Community-Integrated Living
9    Arrangements Licensing and Certification Act; or
10        (4) the State Long Term Care Ombudsman Program,
11    including any regional long term care ombudsman programs
12    under Section 4.04 of the Illinois Act on the Aging, only
13    for the purpose of securing background checks.
14    "Initiate" means obtaining from a student, applicant, or
15employee his or her social security number, demographics, a
16disclosure statement, and an authorization for the Department
17of Public Health or its designee to request a
18fingerprint-based criminal history records check; transmitting
19this information electronically to the Department of Public
20Health; conducting Internet searches on certain web sites,
21including without limitation the Illinois Sex Offender
22Registry, the Department of Corrections' Sex Offender Search
23Engine, the Department of Corrections' Inmate Search Engine,
24the Department of Corrections Wanted Fugitives Search Engine,
25the National Sex Offender Public Registry, and the List of
26Excluded Individuals and Entities database on the website of

 

 

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1the Health and Human Services Office of Inspector General to
2determine if the applicant has been adjudicated a sex
3offender, has been a prison inmate, or has committed Medicare
4or Medicaid fraud, or conducting similar searches as defined
5by rule; and having the student, applicant, or employee's
6fingerprints collected and transmitted electronically to the
7Illinois Department of State Police.
8    "Livescan vendor" means an entity whose equipment has been
9certified by the Illinois Department of State Police to
10collect an individual's demographics and inkless fingerprints
11and, in a manner prescribed by the Illinois Department of
12State Police and the Department of Public Health,
13electronically transmit the fingerprints and required data to
14the Illinois Department of State Police and a daily file of
15required data to the Department of Public Health. The
16Department of Public Health shall negotiate a contract with
17one or more vendors that effectively demonstrate that the
18vendor has 2 or more years of experience transmitting
19fingerprints electronically to the Illinois Department of
20State Police and that the vendor can successfully transmit the
21required data in a manner prescribed by the Department of
22Public Health. Vendor authorization may be further defined by
23administrative rule.
24    "Long-term care facility" means a facility licensed by the
25State or certified under federal law as a long-term care
26facility, including without limitation facilities licensed

 

 

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1under the Nursing Home Care Act, the Specialized Mental Health
2Rehabilitation Act of 2013, the ID/DD Community Care Act, or
3the MC/DD Act, a supportive living facility, an assisted
4living establishment, or a shared housing establishment or
5registered as a board and care home.
6    "Resident" means a person, individual, or patient under
7the direct care of a health care employer or who has been
8provided goods or services by a health care employer.
9(Source: P.A. 100-432, eff. 8-25-17; 101-176, eff. 7-31-19.)
 
10    (225 ILCS 46/33)
11    Sec. 33. Fingerprint-based criminal history records check.
12    (a) A fingerprint-based criminal history records check is
13not required for health care employees who have been
14continuously employed by a health care employer since October
151, 2007, have met the requirements for criminal history
16background checks prior to October 1, 2007, and have no
17disqualifying convictions or requested and received a waiver
18of those disqualifying convictions. These employees shall be
19retained on the Health Care Worker Registry as long as they
20remain active. Nothing in this subsection (a) shall be
21construed to prohibit a health care employer from initiating a
22criminal history records check for these employees. Should
23these employees seek a new position with a different health
24care employer, then a fingerprint-based criminal history
25records check shall be required.

 

 

SB2037- 844 -LRB102 17120 WGH 22551 b

1    (b) On October 1, 2007 or as soon thereafter as is
2reasonably practical, in the discretion of the Director of
3Public Health, and thereafter, any student, applicant, or
4employee who desires to be included on the Department of
5Public Health's Health Care Worker Registry shall authorize
6the Department of Public Health or its designee to request a
7fingerprint-based criminal history records check to determine
8if the individual has a conviction for a disqualifying
9offense. This authorization shall allow the Department of
10Public Health to request and receive information and
11assistance from any State or governmental agency. Each
12individual shall submit his or her fingerprints to the
13Illinois Department of State Police in an electronic format
14that complies with the form and manner for requesting and
15furnishing criminal history record information prescribed by
16the Illinois Department of State Police. The fingerprints
17submitted under this Section shall be checked against the
18fingerprint records now and hereafter filed in the Illinois
19Department of State Police criminal history record databases.
20The Illinois Department of State Police shall charge a fee for
21conducting the criminal history records check, which shall not
22exceed the actual cost of the records check. The livescan
23vendor may act as the designee for individuals, educational
24entities, or health care employers in the collection of
25Illinois Department of State Police fees and deposit those
26fees into the State Police Services Fund. The Illinois

 

 

SB2037- 845 -LRB102 17120 WGH 22551 b

1Department of State Police shall provide information
2concerning any criminal convictions, now or hereafter filed,
3against the individual.
4    (c) On October 1, 2007 or as soon thereafter as is
5reasonably practical, in the discretion of the Director of
6Public Health, and thereafter, an educational entity, other
7than a secondary school, conducting a nurse aide training
8program shall initiate a fingerprint-based criminal history
9records check required by this Act prior to entry of an
10individual into the training program.
11    (d) On October 1, 2007 or as soon thereafter as is
12reasonably practical, in the discretion of the Director of
13Public Health, and thereafter, a health care employer who
14makes a conditional offer of employment to an applicant for a
15position as an employee shall initiate a fingerprint-based
16criminal history record check, requested by the Department of
17Public Health, on the applicant, if such a background check
18has not been previously conducted. Workforce intermediaries
19and organizations providing pro bono legal services may
20initiate a fingerprint-based criminal history record check if
21a conditional offer of employment has not been made and a
22background check has not been previously conducted for an
23individual who has a disqualifying conviction and is receiving
24services from a workforce intermediary or an organization
25providing pro bono legal services.
26    (e) When initiating a background check requested by the

 

 

SB2037- 846 -LRB102 17120 WGH 22551 b

1Department of Public Health, an educational entity, health
2care employer, workforce intermediary, or organization that
3provides pro bono legal services shall electronically submit
4to the Department of Public Health the student's, applicant's,
5or employee's social security number, demographics,
6disclosure, and authorization information in a format
7prescribed by the Department of Public Health within 2 working
8days after the authorization is secured. The student,
9applicant, or employee shall have his or her fingerprints
10collected electronically and transmitted to the Illinois
11Department of State Police within 10 working days. The
12educational entity, health care employer, workforce
13intermediary, or organization that provides pro bono legal
14services shall transmit all necessary information and fees to
15the livescan vendor and Illinois Department of State Police
16within 10 working days after receipt of the authorization.
17This information and the results of the criminal history
18record checks shall be maintained by the Department of Public
19Health's Health Care Worker Registry.
20    (f) A direct care employer may initiate a
21fingerprint-based background check required by this Act for
22any of its employees, but may not use this process to initiate
23background checks for residents. The results of any
24fingerprint-based background check that is initiated with the
25Department as the requester shall be entered in the Health
26Care Worker Registry.

 

 

SB2037- 847 -LRB102 17120 WGH 22551 b

1    (g) As long as the employee or trainee has had a
2fingerprint-based criminal history record check required by
3this Act and stays active on the Health Care Worker Registry,
4no further criminal history record checks are required, as the
5Illinois Department of State Police shall notify the
6Department of Public Health of any additional convictions
7associated with the fingerprints previously submitted. Health
8care employers shall check the Health Care Worker Registry
9before hiring an employee to determine that the individual has
10had a fingerprint-based record check required by this Act and
11has no disqualifying convictions or has been granted a waiver
12pursuant to Section 40 of this Act. If the individual has not
13had such a background check or is not active on the Health Care
14Worker Registry, then the health care employer shall initiate
15a fingerprint-based record check requested by the Department
16of Public Health. If an individual is inactive on the Health
17Care Worker Registry, that individual is prohibited from being
18hired to work as a certified nursing assistant if, since the
19individual's most recent completion of a competency test,
20there has been a period of 24 consecutive months during which
21the individual has not provided nursing or nursing-related
22services for pay. If the individual can provide proof of
23having retained his or her certification by not having a
2424-consecutive-month break in service for pay, he or she may
25be hired as a certified nursing assistant and that employment
26information shall be entered into the Health Care Worker

 

 

SB2037- 848 -LRB102 17120 WGH 22551 b

1Registry.
2    (h) On October 1, 2007 or as soon thereafter as is
3reasonably practical, in the discretion of the Director of
4Public Health, and thereafter, if the Illinois Department of
5State Police notifies the Department of Public Health that an
6employee has a new conviction of a disqualifying offense,
7based upon the fingerprints that were previously submitted,
8then (i) the Health Care Worker Registry shall notify the
9employee's last known employer of the offense, (ii) a record
10of the employee's disqualifying offense shall be entered on
11the Health Care Worker Registry, and (iii) the individual
12shall no longer be eligible to work as an employee unless he or
13she obtains a waiver pursuant to Section 40 of this Act.
14    (i) On October 1, 2007, or as soon thereafter, in the
15discretion of the Director of Public Health, as is reasonably
16practical, and thereafter, each direct care employer or its
17designee shall provide an employment verification for each
18employee no less than annually. The direct care employer or
19its designee shall log into the Health Care Worker Registry
20through a secure login. The health care employer or its
21designee shall indicate employment and termination dates
22within 30 days after hiring or terminating an employee, as
23well as the employment category and type. Failure to comply
24with this subsection (i) constitutes a licensing violation. A
25fine of up to $500 may be imposed for failure to maintain these
26records. This information shall be used by the Department of

 

 

SB2037- 849 -LRB102 17120 WGH 22551 b

1Public Health to notify the last known employer of any
2disqualifying offenses that are reported by the Illinois
3Department of State Police.
4    (j) In the event that an applicant or employee has a waiver
5for one or more disqualifying offenses pursuant to Section 40
6of this Act and he or she is otherwise eligible to work, the
7Health Care Worker Registry shall indicate that the applicant
8or employee is eligible to work and that additional
9information is available on the Health Care Worker Registry.
10The Health Care Worker Registry may indicate that the
11applicant or employee has received a waiver.
12    (k) The student, applicant, or employee shall be notified
13of each of the following whenever a fingerprint-based criminal
14history records check is required:
15        (1) That the educational entity, health care employer,
16    or long-term care facility shall initiate a
17    fingerprint-based criminal history record check required
18    by this Act of the student, applicant, or employee.
19        (2) That the student, applicant, or employee has a
20    right to obtain a copy of the criminal records report that
21    indicates a conviction for a disqualifying offense and
22    challenge the accuracy and completeness of the report
23    through an established Illinois Department of State Police
24    procedure of Access and Review.
25        (3) That the applicant, if hired conditionally, may be
26    terminated if the criminal records report indicates that

 

 

SB2037- 850 -LRB102 17120 WGH 22551 b

1    the applicant has a record of a conviction of any of the
2    criminal offenses enumerated in Section 25, unless the
3    applicant obtains a waiver pursuant to Section 40 of this
4    Act.
5        (4) That the applicant, if not hired conditionally,
6    shall not be hired if the criminal records report
7    indicates that the applicant has a record of a conviction
8    of any of the criminal offenses enumerated in Section 25,
9    unless the applicant obtains a waiver pursuant to Section
10    40 of this Act.
11        (5) That the employee shall be terminated if the
12    criminal records report indicates that the employee has a
13    record of a conviction of any of the criminal offenses
14    enumerated in Section 25.
15        (6) If, after the employee has originally been
16    determined not to have disqualifying offenses, the
17    employer is notified that the employee has a new
18    conviction(s) of any of the criminal offenses enumerated
19    in Section 25, then the employee shall be terminated.
20    (l) A health care employer or long-term care facility may
21conditionally employ an applicant for up to 3 months pending
22the results of a fingerprint-based criminal history record
23check requested by the Department of Public Health.
24    (m) The Department of Public Health or an entity
25responsible for inspecting, licensing, certifying, or
26registering the health care employer or long-term care

 

 

SB2037- 851 -LRB102 17120 WGH 22551 b

1facility shall be immune from liability for notices given
2based on the results of a fingerprint-based criminal history
3record check.
4    (n) As used in this Section:
5    "Workforce intermediaries" means organizations that
6function to provide job training and employment services.
7Workforce intermediaries include institutions of higher
8education, faith-based and community organizations, and
9workforce investment boards.
10    "Organizations providing pro bono legal services" means
11legal services performed without compensation or at a
12significantly reduced cost to the recipient that provide
13services designed to help individuals overcome statutory
14barriers that would prevent them from entering positions in
15the healthcare industry.
16(Source: P.A. 100-432, eff. 8-25-17; 101-176, eff. 7-31-19.)
 
17    (225 ILCS 46/45)
18    Sec. 45. Application fees. Except as otherwise provided in
19this Act, the student, applicant, or employee, other than a
20nurse aide, may be required to pay all related application and
21fingerprinting fees including, but not limited to, the amounts
22established by the Illinois Department of State Police to
23process fingerprint-based criminal history records checks. If
24a health care employer certified to participate in the
25Medicaid program pays the fees, the fees shall be a direct

 

 

SB2037- 852 -LRB102 17120 WGH 22551 b

1pass-through on the cost report submitted by the employer to
2the Medicaid agency.
3(Source: P.A. 95-120, eff. 8-13-07.)
 
4    (225 ILCS 46/65)
5    Sec. 65. Health Care Worker Task Force. A Health Care
6Worker Task Force shall be appointed to study and make
7recommendations on statutory changes to this Act.
8    (a) The Task Force shall monitor the status of the
9implementation of this Act and monitor complaint
10investigations relating to this Act by the Department on
11Aging, Department of Public Health, Department of Professional
12Regulation, and the Department of Human Services to determine
13the criminal background, if any, of health care workers who
14have had findings of abuse, theft, or exploitation.
15    (b) The Task Force shall make recommendations concerning
16modifications to the list of offenses enumerated in Section
1725, including time limits on all or some of the disqualifying
18offenses, and any other necessary or desirable changes to the
19Act.
20    (c) In the event that proposed rules or changes are
21properly submitted to the Task Force and the Task Force fails
22to advise the Department within 90 days after receipt of the
23proposed rules or changes, final action shall be deemed to
24have been taken by the Task Force concerning the proposed
25rules or changes.

 

 

SB2037- 853 -LRB102 17120 WGH 22551 b

1    (d) The Task Force shall be composed of the following
2members, who shall serve without pay:
3        (1) a chairman knowledgeable about health care issues,
4    who shall be appointed by the Governor;
5        (2) the Director of Public Health or his or her
6    designee;
7        (3) the Director of the Illinois State Police or his
8    or her designee;
9        (3.5) the Director of Healthcare and Family Services
10    or his or her designee;
11        (3.6) the Secretary of Human Services or his or her
12    designee;
13        (3.7) the Director of Aging or his or her designee;
14        (4) 2 representatives of health care providers, who
15    shall be appointed by the Governor;
16        (5) 2 representatives of health care employees, who
17    shall be appointed by the Governor;
18        (5.5) a representative of a Community Care homemaker
19    program, who shall be appointed by the Governor;
20        (6) a representative of the general public who has an
21    interest in health care, who shall be appointed by the
22    Governor; and
23        (7) 4 members of the General Assembly, one appointed
24    by the Speaker of the House, one appointed by the House
25    Minority Leader, one appointed by the President of the
26    Senate, and one appointed by the Senate Minority Leader.

 

 

SB2037- 854 -LRB102 17120 WGH 22551 b

1    (e) The Task Force shall meet at least quarterly, and more
2frequently at the discretion of the chairperson. Task Force
3members shall serve until a replacement is sworn and
4qualified. Nine members appointed to the Task Force
5constitutes a quorum.
6(Source: P.A. 95-331, eff. 8-21-07; 95-987, eff. 10-3-08.)
 
7    (225 ILCS 46/70)
8    Sec. 70. Centers for Medicare and Medicaid Services (CMMS)
9grant; Voluntary FBI Fingerprint Demonstration Project.
10    (a) The General Assembly authorizes the establishment of
11the Voluntary FBI Fingerprint Demonstration Project
12(Demonstration Project), which shall be consistent with the
13provisions of the Centers for Medicare and Medicaid Services
14grant awarded to and distributed by the Department of Public
15Health pursuant to Title VI, Subtitle B, Part III, Subtitle C,
16Section 6201 of the Affordable Care Act of 2010. The
17Demonstration Project is authorized to operate for the period
18of January 1, 2014 through December 31, 2014 and shall operate
19until the conclusion of this grant period or until the
20long-term care facility terminates its participation in the
21Demonstration Project, whichever occurs sooner.
22    (b) The Long-Term Care Facility Advisory Board established
23under the Nursing Home Care Act shall act in an advisory
24capacity to the Demonstration Project.
25    (c) Long-term care facilities voluntarily participating in

 

 

SB2037- 855 -LRB102 17120 WGH 22551 b

1the Demonstration Project shall, in addition to the provisions
2of this Section, comply with all requirements set forth in
3this Act. When conflict between the Act and the provisions of
4this Section occurs, the provisions of this Section shall
5supersede until the conclusion of the grant period or until
6the long-term care facility terminates its participation in
7the Demonstration Project, whichever occurs sooner.
8    (d) The Department of Public Health shall select at least
9one facility in the State to participate in the Demonstration
10Project.
11    (e) For the purposes of determining who shall be required
12to undergo a State and an FBI fingerprint-based criminal
13history records check under the Demonstration Project, "direct
14access employee" means any individual who has access to a
15patient or resident of a long-term care facility or provider
16through employment or through a contract with a long-term care
17facility or provider and has duties that involve or may
18involve one-on-one contact with a resident of the facility or
19provider, as determined by the State for purposes of the
20Demonstration Project.
21    (f) All long-term care facilities licensed under the
22Nursing Home Care Act are qualified to volunteer for the
23Demonstration Project.
24    (g) The Department of Public Health shall notify qualified
25long-term care facilities within 30 days after the effective
26date of this amendatory Act of the 98th General Assembly of the

 

 

SB2037- 856 -LRB102 17120 WGH 22551 b

1opportunity to volunteer for the Demonstration Project. The
2notice shall include information concerning application
3procedures and deadlines, termination rights, requirements for
4participation, the selection process, and a
5question-and-answer document addressing potential conflicts
6between this Act and the provisions of this Section.
7    (h) Qualified long-term care facilities shall be given a
8minimum of 30 days after the date of receiving the notice to
9inform the Department of Public Health, in the form and manner
10prescribed by the Department of Public Health, of their
11interest in volunteering for the Demonstration Project.
12Facilities selected for the Demonstration Project shall be
13notified, within 30 days after the date of application, of the
14effective date that their participation in the Demonstration
15Project will begin, which may vary.
16    (i) The individual applicant shall be responsible for the
17cost of each individual fingerprint inquiry, which may be
18offset with grant funds, if available.
19    (j) Each applicant seeking employment in a position
20described in subsection (e) of this Section with a selected
21health care employer shall, as a condition of employment, have
22his or her fingerprints submitted to the Illinois Department
23of State Police in an electronic format that complies with the
24form and manner for requesting and furnishing criminal history
25record information by the Illinois Department of State Police
26and the Federal Bureau of Investigation criminal history

 

 

SB2037- 857 -LRB102 17120 WGH 22551 b

1record databases now and hereafter filed. The Illinois
2Department of State Police shall forward the fingerprints to
3the Federal Bureau of Investigation for a national criminal
4history records check. The Illinois Department of State Police
5shall charge a fee for conducting the criminal history records
6check, which shall not exceed the actual cost of the records
7check and shall be deposited into the State Police Services
8Fund. The Illinois Department of State Police shall furnish,
9pursuant to positive identification, records of Illinois
10convictions to the Department of Public Health.
11    (k) A fingerprint-based criminal history records check
12submitted in accordance with subsection (j) of this Section
13shall be submitted as a fee applicant inquiry in the form and
14manner prescribed by the Illinois Department of State Police.
15    (l) A long-term care facility may terminate its
16participation in the Demonstration Project without prejudice
17by providing the Department of Public Health with notice of
18its intent to terminate at least 30 days prior to its voluntary
19termination.
20    (m) This Section shall be inapplicable upon the conclusion
21of the CMMS grant period.
22(Source: P.A. 98-756, eff. 7-16-14; 98-1041, eff. 8-25-14;
2399-78, eff. 7-20-15.)
 
24    Section 595. The Massage Licensing Act is amended by
25changing Section 15 as follows:
 

 

 

SB2037- 858 -LRB102 17120 WGH 22551 b

1    (225 ILCS 57/15)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 15. Licensure requirements.
4    (a) Persons engaged in massage for compensation must be
5licensed by the Department. The Department shall issue a
6license to an individual who meets all of the following
7requirements:
8        (1) The applicant has applied in writing on the
9    prescribed forms and has paid the required fees.
10        (2) The applicant is at least 18 years of age and of
11    good moral character. In determining good moral character,
12    the Department may take into consideration conviction of
13    any crime under the laws of the United States or any state
14    or territory thereof that is a felony or a misdemeanor or
15    any crime that is directly related to the practice of the
16    profession. Such a conviction shall not operate
17    automatically as a complete bar to a license, except in
18    the case of any conviction for prostitution, rape, or
19    sexual misconduct, or where the applicant is a registered
20    sex offender.
21        (3) The applicant has met one of the following
22    requirements:
23            (A) has successfully completed a massage therapy
24        program approved by the Department that requires a
25        minimum of 500 hours, except applicants applying on or

 

 

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1        after January 1, 2014 shall meet a minimum requirement
2        of 600 hours, and has passed a competency examination
3        approved by the Department;
4            (B) holds a current license from another
5        jurisdiction having licensure requirements that
6        include the completion of a massage therapy program of
7        at least 500 hours; or
8            (C) (blank).
9    (b) Each applicant for licensure as a massage therapist
10shall have his or her fingerprints submitted to the Illinois
11Department of State Police in an electronic format that
12complies with the form and manner for requesting and
13furnishing criminal history record information as prescribed
14by the Illinois Department of State Police. These fingerprints
15shall be checked against the Illinois Department of State
16Police and Federal Bureau of Investigation criminal history
17record databases now and hereafter filed. The Illinois
18Department of State Police shall charge applicants a fee for
19conducting the criminal history records check, which shall be
20deposited into the State Police Services Fund and shall not
21exceed the actual cost of the records check. The Illinois
22Department of State Police shall furnish, pursuant to positive
23identification, records of Illinois convictions to the
24Department. The Department may require applicants to pay a
25separate fingerprinting fee, either to the Department or to a
26vendor. The Department, in its discretion, may allow an

 

 

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1applicant who does not have reasonable access to a designated
2vendor to provide his or her fingerprints in an alternative
3manner. The Department may adopt any rules necessary to
4implement this Section.
5(Source: P.A. 97-514, eff. 8-23-11.)
 
6    Section 600. The Medical Practice Act of 1987 is amended
7by changing Sections 7, 9.7, and 65 as follows:
 
8    (225 ILCS 60/7)  (from Ch. 111, par. 4400-7)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 7. Medical Disciplinary Board.
11    (A) There is hereby created the Illinois State Medical
12Disciplinary Board. The Disciplinary Board shall consist of 11
13members, to be appointed by the Governor by and with the advice
14and consent of the Senate. All members shall be residents of
15the State, not more than 6 of whom shall be members of the same
16political party. All members shall be voting members. Five
17members shall be physicians licensed to practice medicine in
18all of its branches in Illinois possessing the degree of
19doctor of medicine. One member shall be a physician licensed
20to practice medicine in all its branches in Illinois
21possessing the degree of doctor of osteopathy or osteopathic
22medicine. One member shall be a chiropractic physician
23licensed to practice in Illinois and possessing the degree of
24doctor of chiropractic. Four members shall be members of the

 

 

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1public, who shall not be engaged in any way, directly or
2indirectly, as providers of health care.
3    (B) Members of the Disciplinary Board shall be appointed
4for terms of 4 years. Upon the expiration of the term of any
5member, his or her their successor shall be appointed for a
6term of 4 years by the Governor by and with the advice and
7consent of the Senate. The Governor shall fill any vacancy for
8the remainder of the unexpired term with the advice and
9consent of the Senate. Upon recommendation of the Board, any
10member of the Disciplinary Board may be removed by the
11Governor for misfeasance, malfeasance, or willful wilful
12neglect of duty, after notice, and a public hearing, unless
13such notice and hearing shall be expressly waived in writing.
14Each member shall serve on the Disciplinary Board until their
15successor is appointed and qualified. No member of the
16Disciplinary Board shall serve more than 2 consecutive 4 year
17terms.
18    In making appointments the Governor shall attempt to
19insure that the various social and geographic regions of the
20State of Illinois are properly represented.
21    In making the designation of persons to act for the
22several professions represented on the Disciplinary Board, the
23Governor shall give due consideration to recommendations by
24members of the respective professions and by organizations
25therein.
26    (C) The Disciplinary Board shall annually elect one of its

 

 

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1voting members as chairperson and one as vice chairperson. No
2officer shall be elected more than twice in succession to the
3same office. Each officer shall serve until their successor
4has been elected and qualified.
5    (D) (Blank).
6    (E) Six voting members of the Disciplinary Board, at least
74 of whom are physicians, shall constitute a quorum. A vacancy
8in the membership of the Disciplinary Board shall not impair
9the right of a quorum to exercise all the rights and perform
10all the duties of the Disciplinary Board. Any action taken by
11the Disciplinary Board under this Act may be authorized by
12resolution at any regular or special meeting and each such
13resolution shall take effect immediately. The Disciplinary
14Board shall meet at least quarterly.
15    (F) Each member, and member-officer, of the Disciplinary
16Board shall receive a per diem stipend as the Secretary shall
17determine. Each member shall be paid their necessary expenses
18while engaged in the performance of their duties.
19    (G) The Secretary shall select a Chief Medical Coordinator
20and not less than 2 Deputy Medical Coordinators who shall not
21be members of the Disciplinary Board. Each medical coordinator
22shall be a physician licensed to practice medicine in all of
23its branches, and the Secretary shall set their rates of
24compensation. The Secretary shall assign at least one medical
25coordinator to a region composed of Cook County and such other
26counties as the Secretary may deem appropriate, and such

 

 

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1medical coordinator or coordinators shall locate their office
2in Chicago. The Secretary shall assign at least one medical
3coordinator to a region composed of the balance of counties in
4the State, and such medical coordinator or coordinators shall
5locate their office in Springfield. The Chief Medical
6Coordinator shall be the chief enforcement officer of this
7Act. None of the functions, powers, or duties of the
8Department with respect to policies regarding enforcement or
9discipline under this Act, including the adoption of such
10rules as may be necessary for the administration of this Act,
11shall be exercised by the Department except upon review of the
12Disciplinary Board.
13    The Secretary shall employ, in conformity with the
14Personnel Code, investigators who are college graduates with
15at least 2 years of investigative experience or one year of
16advanced medical education. Upon the written request of the
17Disciplinary Board, the Secretary shall employ, in conformity
18with the Personnel Code, such other professional, technical,
19investigative, and clerical help, either on a full or
20part-time basis as the Disciplinary Board deems necessary for
21the proper performance of its duties.
22    (H) Upon the specific request of the Disciplinary Board,
23signed by either the chairperson, vice chairperson, or a
24medical coordinator of the Disciplinary Board, the Department
25of Human Services, the Department of Healthcare and Family
26Services, the Illinois Department of State Police, or any

 

 

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1other law enforcement agency located in this State shall make
2available any and all information that they have in their
3possession regarding a particular case then under
4investigation by the Disciplinary Board.
5    (I) Members of the Disciplinary Board shall be immune from
6suit in any action based upon any disciplinary proceedings or
7other acts performed in good faith as members of the
8Disciplinary Board.
9    (J) The Disciplinary Board may compile and establish a
10statewide roster of physicians and other medical
11professionals, including the several medical specialties, of
12such physicians and medical professionals, who have agreed to
13serve from time to time as advisors to the medical
14coordinators. Such advisors shall assist the medical
15coordinators or the Disciplinary Board in their investigations
16and participation in complaints against physicians. Such
17advisors shall serve under contract and shall be reimbursed at
18a reasonable rate for the services provided, plus reasonable
19expenses incurred. While serving in this capacity, the
20advisor, for any act undertaken in good faith and in the
21conduct of his or her duties under this Section, shall be
22immune from civil suit.
23(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
24    (225 ILCS 60/9.7)
25    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 9.7. Criminal history records background check. Each
2applicant for licensure or permit under Sections 9, 18, and 19
3shall have his or her fingerprints submitted to the Illinois
4Department of State Police in an electronic format that
5complies with the form and manner for requesting and
6furnishing criminal history record information as prescribed
7by the Illinois Department of State Police. These fingerprints
8shall be checked against the Illinois Department of State
9Police and Federal Bureau of Investigation criminal history
10record databases now and hereafter filed. The Illinois
11Department of State Police shall charge applicants a fee for
12conducting the criminal history records check, which shall be
13deposited into the State Police Services Fund and shall not
14exceed the actual cost of the records check. The Illinois
15Department of State Police shall furnish, pursuant to positive
16identification, records of Illinois convictions to the
17Department. The Department may require applicants to pay a
18separate fingerprinting fee, either to the Department or to a
19Department designated or approved vendor. The Department, in
20its discretion, may allow an applicant who does not have
21reasonable access to a designated vendor to provide his or her
22fingerprints in an alternative manner. The Department may
23adopt any rules necessary to implement this Section.
24(Source: P.A. 97-622, eff. 11-23-11.)
 
25    (225 ILCS 60/65)

 

 

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1    (Section scheduled to be repealed on January 1, 2022)
2    Sec. 65. Annie LeGere Law; epinephrine auto-injector. A
3licensee under this Act may not be subject to discipline for
4providing a standing order or prescription for an epinephrine
5auto-injector in accordance with Section 40 of the Illinois
6State Police Act or Section 10.19 of the Illinois Police
7Training Act.
8(Source: P.A. 100-648, eff. 7-31-18.)
 
9    Section 605. The Nurse Practice Act is amended by changing
10Section 50-35 as follows:
 
11    (225 ILCS 65/50-35)   (was 225 ILCS 65/5-23)
12    (Section scheduled to be repealed on January 1, 2028)
13    Sec. 50-35. Criminal history records background check.
14Each applicant for licensure by examination or restoration
15shall have his or her fingerprints submitted to the Illinois
16Department of State Police in an electronic format that
17complies with the form and manner for requesting and
18furnishing criminal history record information as prescribed
19by the Illinois Department of State Police. These fingerprints
20shall be checked against the Illinois Department of State
21Police and Federal Bureau of Investigation criminal history
22record databases now and hereafter filed. The Illinois
23Department of State Police shall charge applicants a fee for
24conducting the criminal history records check, which shall be

 

 

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1deposited into the State Police Services Fund and shall not
2exceed the actual cost of the records check. The Illinois
3Department of State Police shall furnish, pursuant to positive
4identification, records of Illinois convictions to the
5Department. The Department may require applicants to pay a
6separate fingerprinting fee, either to the Department or to a
7vendor. The Department, in its discretion, may allow an
8applicant who does not have reasonable access to a designated
9vendor to provide his or her fingerprints in an alternative
10manner. The Department may adopt any rules necessary to
11implement this Section.
12(Source: P.A. 95-639, eff. 10-5-07.)
 
13    Section 610. The Nursing Home Administrators Licensing and
14Disciplinary Act is amended by changing Section 5.1 as
15follows:
 
16    (225 ILCS 70/5.1)
17    (Section scheduled to be repealed on January 1, 2028)
18    Sec. 5.1. Powers and duties; rules. The Department shall
19exercise the powers and duties prescribed by the Civil
20Administrative Code of Illinois for administration of
21licensing acts and shall exercise such other powers and duties
22necessary for effectuating the purposes of this Act. The
23Department shall adopt rules to implement, interpret, make
24specific the provisions and purposes of this Act, and may

 

 

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1prescribe forms that shall be issued in connection with
2rulemaking. The Department shall transmit the proposed
3rulemaking to the Board.
4    The Department may solicit the advice of the Board on any
5matter relating to the administration and enforcement of this
6Act.
7    Upon the written request of the Department, the Department
8of Public Health, the Department of Human Services or the
9Illinois Department of State Police may cooperate and assist
10in any investigation undertaken by the Board.
11(Source: P.A. 100-675, eff. 8-3-18.)
 
12    Section 615. The Wholesale Drug Distribution Licensing Act
13is amended by changing Section 25 as follows:
 
14    (225 ILCS 120/25)  (from Ch. 111, par. 8301-25)
15    (Section scheduled to be repealed on January 1, 2023)
16    Sec. 25. Wholesale drug distributor licensing
17requirements.
18    (a) Every resident wholesale distributor who engages in
19the wholesale distribution of prescription drugs must be
20licensed by the Department, and every non-resident wholesale
21distributor must be licensed in this State if it ships
22prescription drugs into this State, in accordance with this
23Act, before engaging in wholesale distributions of wholesale
24prescription drugs.

 

 

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1    (b) The Department shall require without limitation all of
2the following information from each applicant for licensure
3under this Act:
4        (1) The name, full business address, and telephone
5    number of the licensee.
6        (2) All trade or business names used by the licensee.
7        (3) Addresses, telephone numbers, and the names of
8    contact persons for all facilities used by the licensee
9    for the storage, handling, and distribution of
10    prescription drugs.
11        (4) The type of ownership or operation, such as a
12    partnership, corporation, or sole proprietorship.
13        (5) The name of the owner or operator of the wholesale
14    distributor, including:
15            (A) if a natural person, the name of the natural
16        person;
17            (B) if a partnership, the name of each partner and
18        the name of the partnership;
19            (C) if a corporation, the name and title of each
20        corporate officer and director, the corporate names,
21        and the name of the state of incorporation; and
22            (D) if a sole proprietorship, the full name of the
23        sole proprietor and the name of the business entity.
24        (6) A list of all licenses and permits issued to the
25    applicant by any other state that authorizes the applicant
26    to purchase or possess prescription drugs.

 

 

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1        (7) The name of the designated representative for the
2    wholesale distributor, together with the personal
3    information statement and fingerprints, as required under
4    subsection (c) of this Section.
5        (8) Minimum liability insurance and other insurance as
6    defined by rule.
7        (9) Any additional information required by the
8    Department.
9    (c) Each wholesale distributor must designate an
10individual representative who shall serve as the contact
11person for the Department. This representative must provide
12the Department with all of the following information:
13        (1) Information concerning whether the person has been
14    enjoined, either temporarily or permanently, by a court of
15    competent jurisdiction from violating any federal or State
16    law regulating the possession, control, or distribution of
17    prescription drugs or criminal violations, together with
18    details concerning any such event.
19        (2) A description of any involvement by the person
20    with any business, including any investments, other than
21    the ownership of stock in a publicly traded company or
22    mutual fund which manufactured, administered, prescribed,
23    distributed, or stored pharmaceutical products and any
24    lawsuits in which such businesses were named as a party.
25        (3) A description of any misdemeanor or felony
26    criminal offense of which the person, as an adult, was

 

 

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1    found guilty, regardless of whether adjudication of guilt
2    was withheld or whether the person pled guilty or nolo
3    contendere. If the person indicates that a criminal
4    conviction is under appeal and submits a copy of the
5    notice of appeal of that criminal offense, the applicant
6    must, within 15 days after the disposition of the appeal,
7    submit to the Department a copy of the final written order
8    of disposition.
9        (4) The designated representative of an applicant for
10    licensure as a wholesale drug distributor shall have his
11    or her fingerprints submitted to the Illinois Department
12    of State Police in an electronic format that complies with
13    the form and manner for requesting and furnishing criminal
14    history record information as prescribed by the Illinois
15    Department of State Police. These fingerprints shall be
16    checked against the Illinois Department of State Police
17    and Federal Bureau of Investigation criminal history
18    record databases now and hereafter filed. The Illinois
19    Department of State Police shall charge applicants a fee
20    for conducting the criminal history records check, which
21    shall be deposited into the State Police Services Fund and
22    shall not exceed the actual cost of the records check. The
23    Illinois Department of State Police shall furnish,
24    pursuant to positive identification, records of Illinois
25    convictions to the Department. The Department may require
26    applicants to pay a separate fingerprinting fee, either to

 

 

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1    the Department or to a vendor. The Department, in its
2    discretion, may allow an applicant who does not have
3    reasonable access to a designated vendor to provide his or
4    her fingerprints in an alternative manner. The Department
5    may adopt any rules necessary to implement this Section.
6        The designated representative of a licensee shall
7    receive and complete continuing training in applicable
8    federal and State laws governing the wholesale
9    distribution of prescription drugs.
10    (d) The Department may not issue a wholesale distributor
11license to an applicant, unless the Department first:
12        (1) ensures that a physical inspection of the facility
13    satisfactory to the Department has occurred at the address
14    provided by the applicant, as required under item (1) of
15    subsection (b) of this Section; and
16        (2) determines that the designated representative
17    meets each of the following qualifications:
18            (A) He or she is at least 21 years of age.
19            (B) He or she has been employed full-time for at
20        least 3 years in a pharmacy or with a wholesale
21        distributor in a capacity related to the dispensing
22        and distribution of, and recordkeeping relating to,
23        prescription drugs.
24            (C) He or she is employed by the applicant full
25        time in a managerial level position.
26            (D) He or she is actively involved in and aware of

 

 

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1        the actual daily operation of the wholesale
2        distributor.
3            (E) He or she is physically present at the
4        facility of the applicant during regular business
5        hours, except when the absence of the designated
6        representative is authorized, including without
7        limitation sick leave and vacation leave.
8            (F) He or she is serving in the capacity of a
9        designated representative for only one applicant at a
10        time, except where more than one licensed wholesale
11        distributor is co-located in the same facility and
12        such wholesale distributors are members of an
13        affiliated group, as defined in Section 1504 of the
14        Internal Revenue Code.
15    (e) If a wholesale distributor distributes prescription
16drugs from more than one facility, the wholesale distributor
17shall obtain a license for each facility.
18    (f) The information provided under this Section may not be
19disclosed to any person or entity other than the Department or
20another government entity in need of such information for
21licensing or monitoring purposes.
22(Source: P.A. 97-804, eff. 1-1-13.)
 
23    Section 625. The Pyrotechnic Distributor and Operator
24Licensing Act is amended by changing Sections 40 and 45 as
25follows:
 

 

 

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1    (225 ILCS 227/40)
2    Sec. 40. Fingerprint card; fees. The Office may require
3each applicant to file with his or her application a
4fingerprint card in the form and manner required by the
5Illinois Department of State Police to enable the Illinois
6Department of State Police to conduct a criminal history check
7on the applicant.
8    The Office may require each applicant to submit, in
9addition to the license fee, a fee specified by the Illinois
10Department of State Police for processing fingerprint cards,
11which may be made payable to the State Police Services Fund and
12shall be remitted to the Illinois Department of State Police
13for deposit into that Fund.
14(Source: P.A. 93-263, eff. 7-22-03.)
 
15    (225 ILCS 227/45)
16    Sec. 45. Investigation. Upon receipt of an application,
17the Office shall investigate the eligibility of the applicant.
18The Office has authority to request and receive from any
19federal, state or local governmental agency such information
20and assistance as will enable it to carry out its powers and
21duties under this Act. The Illinois Department of State Police
22shall cause the fingerprints of each applicant to be compared
23with fingerprints of criminals filed with the Illinois
24Department of State Police or with federal law enforcement

 

 

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1agencies maintaining official fingerprint files.
2(Source: P.A. 93-263, eff. 7-22-03.)
 
3    Section 635. The Private Detective, Private Alarm, Private
4Security, Fingerprint Vendor, and Locksmith Act of 2004 is
5amended by changing Sections 5-10, 10-5, 10-25, 31-5, 31-10,
631-15, 31-20, 31-25, 35-30, and 40-10 as follows:
 
7    (225 ILCS 447/5-10)
8    (Section scheduled to be repealed on January 1, 2024)
9    Sec. 5-10. Definitions. As used in this Act:
10    "Address of record" means the designated address recorded
11by the Department in the applicant's application file or the
12licensee's license file, as maintained by the Department's
13licensure maintenance unit.
14    "Advertisement" means any public media, including printed
15or electronic material, that is published or displayed in a
16phone book, newspaper, magazine, pamphlet, newsletter,
17website, or other similar type of publication or electronic
18format that is intended to either attract business or merely
19provide contact information to the public for an agency or
20licensee. Advertisement shall not include a licensee's or an
21agency's letterhead, business cards, or other stationery used
22in routine business correspondence or customary name, address,
23and number type listings in a telephone directory.
24    "Alarm system" means any system, including an electronic

 

 

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1access control system, a surveillance video system, a security
2video system, a burglar alarm system, a fire alarm system, or
3any other electronic system that activates an audible,
4visible, remote, or recorded signal that is designed for the
5protection or detection of intrusion, entry, theft, fire,
6vandalism, escape, or trespass, or other electronic systems
7designed for the protection of life by indicating the
8existence of an emergency situation. "Alarm system" also
9includes an emergency communication system and a mass
10notification system.
11    "Applicant" means a person or business applying for
12licensure, registration, or authorization under this Act. Any
13applicant or person who holds himself or herself out as an
14applicant is considered a licensee or registrant for the
15purposes of enforcement, investigation, hearings, and the
16Illinois Administrative Procedure Act.
17    "Armed employee" means a licensee or registered person who
18is employed by an agency licensed or an armed proprietary
19security force registered under this Act who carries a weapon
20while engaged in the performance of official duties within the
21course and scope of his or her employment during the hours and
22times the employee is scheduled to work or is commuting
23between his or her home or place of employment.
24    "Armed proprietary security force" means a security force
25made up of one or more armed individuals employed by a
26commercial or industrial operation or by a financial

 

 

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1institution as security officers for the protection of persons
2or property.
3    "Board" means the Private Detective, Private Alarm,
4Private Security, Fingerprint Vendor, and Locksmith Board.
5    "Branch office" means a business location removed from the
6place of business for which an agency license has been issued,
7including, but not limited to, locations where active employee
8records that are required to be maintained under this Act are
9kept, where prospective new employees are processed, or where
10members of the public are invited in to transact business. A
11branch office does not include an office or other facility
12located on the property of an existing client that is utilized
13solely for the benefit of that client and is not owned or
14leased by the agency.
15    "Canine handler" means a person who uses or handles a
16trained dog to protect persons or property or to conduct
17investigations.
18    "Canine handler authorization card" means a card issued by
19the Department that authorizes the holder to use or handle a
20trained dog to protect persons or property or to conduct
21investigations during the performance of his or her duties as
22specified in this Act.
23    "Canine trainer" means a person who acts as a dog trainer
24for the purpose of training dogs to protect persons or
25property or to conduct investigations.
26    "Canine trainer authorization card" means a card issued by

 

 

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1the Department that authorizes the holder to train a dog to
2protect persons or property or to conduct investigations
3during the performance of his or her duties as specified in
4this Act.
5    "Canine training facility" means a facility operated by a
6licensed private detective agency or private security
7contractor agency wherein dogs are trained for the purposes of
8protecting persons or property or to conduct investigations.
9    "Corporation" means an artificial person or legal entity
10created by or under the authority of the laws of a state,
11including without limitation a corporation, limited liability
12company, or any other legal entity.
13    "Department" means the Department of Financial and
14Professional Regulation.
15    "Emergency communication system" means any system that
16communicates information about emergencies, including but not
17limited to fire, terrorist activities, shootings, other
18dangerous situations, accidents, and natural disasters.
19    "Employee" means a person who works for a person or agency
20that has the right to control the details of the work performed
21and is not dependent upon whether or not federal or state
22payroll taxes are withheld.
23    "Fingerprint vendor" means a person that offers,
24advertises, or provides services to fingerprint individuals,
25through electronic or other means, for the purpose of
26providing fingerprint images and associated demographic data

 

 

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1to the Illinois Department of State Police for processing
2fingerprint based criminal history record information
3inquiries.
4    "Fingerprint vendor agency" means a person, firm,
5corporation, or other legal entity that engages in the
6fingerprint vendor business and employs, in addition to the
7fingerprint vendor licensee-in-charge, at least one other
8person in conducting that business.
9    "Fingerprint vendor licensee-in-charge" means a person who
10has been designated by a fingerprint vendor agency to be the
11licensee-in-charge of an agency who is a full-time management
12employee or owner who assumes sole responsibility for
13maintaining all records required by this Act and who assumes
14sole responsibility for assuring the licensed agency's
15compliance with its responsibilities as stated in this Act.
16The Department shall adopt rules mandating licensee-in-charge
17participation in agency affairs.
18    "Fire alarm system" means any system that is activated by
19an automatic or manual device in the detection of smoke, heat,
20or fire that activates an audible, visible, or remote signal
21requiring a response.
22    "Firearm control card" means a card issued by the
23Department that authorizes the holder, who has complied with
24the training and other requirements of this Act, to carry a
25weapon during the performance of his or her duties as
26specified in this Act.

 

 

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1    "Firm" means an unincorporated business entity, including
2but not limited to proprietorships and partnerships.
3    "Licensee" means a person or business licensed under this
4Act. Anyone who holds himself or herself out as a licensee or
5who is accused of unlicensed practice is considered a licensee
6for purposes of enforcement, investigation, hearings, and the
7Illinois Administrative Procedure Act.
8    "Locksmith" means a person who engages in a business or
9holds himself out to the public as providing a service that
10includes, but is not limited to, the servicing, installing,
11originating first keys, re-coding, repairing, maintaining,
12manipulating, or bypassing of a mechanical or electronic
13locking device, access control or video surveillance system at
14premises, vehicles, safes, vaults, safe deposit boxes, or
15automatic teller machines.
16    "Locksmith agency" means a person, firm, corporation, or
17other legal entity that engages in the locksmith business and
18employs, in addition to the locksmith licensee-in-charge, at
19least one other person in conducting such business.
20    "Locksmith licensee-in-charge" means a person who has been
21designated by agency to be the licensee-in-charge of an
22agency, who is a full-time management employee or owner who
23assumes sole responsibility for maintaining all records
24required by this Act, and who assumes sole responsibility for
25assuring the licensed agency's compliance with its
26responsibilities as stated in this Act. The Department shall

 

 

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1adopt rules mandating licensee-in-charge participation in
2agency affairs.
3    "Mass notification system" means any system that is used
4to provide information and instructions to people in a
5building or other space using voice communications, including
6visible signals, text, graphics, tactile, or other
7communication methods.
8    "Peace officer" or "police officer" means a person who, by
9virtue of office or public employment, is vested by law with a
10duty to maintain public order or to make arrests for offenses,
11whether that duty extends to all offenses or is limited to
12specific offenses. Officers, agents, or employees of the
13federal government commissioned by federal statute to make
14arrests for violations of federal laws are considered peace
15officers.
16    "Permanent employee registration card" means a card issued
17by the Department to an individual who has applied to the
18Department and meets the requirements for employment by a
19licensed agency under this Act.
20    "Person" means a natural person.
21    "Private alarm contractor" means a person who engages in a
22business that individually or through others undertakes,
23offers to undertake, purports to have the capacity to
24undertake, or submits a bid to sell, install, design, monitor,
25maintain, alter, repair, replace, or service alarm and other
26security-related systems or parts thereof, including fire

 

 

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1alarm systems, at protected premises or premises to be
2protected or responds to alarm systems at a protected premises
3on an emergency basis and not as a full-time security officer.
4"Private alarm contractor" does not include a person, firm, or
5corporation that manufactures or sells alarm systems only from
6its place of business and does not sell, install, monitor,
7maintain, alter, repair, replace, service, or respond to alarm
8systems at protected premises or premises to be protected.
9    "Private alarm contractor agency" means a person,
10corporation, or other entity that engages in the private alarm
11contracting business and employs, in addition to the private
12alarm contractor-in-charge, at least one other person in
13conducting such business.
14    "Private alarm contractor licensee-in-charge" means a
15person who has been designated by an agency to be the
16licensee-in-charge of an agency, who is a full-time management
17employee or owner who assumes sole responsibility for
18maintaining all records required by this Act, and who assumes
19sole responsibility for assuring the licensed agency's
20compliance with its responsibilities as stated in this Act.
21The Department shall adopt rules mandating licensee-in-charge
22participation in agency affairs.
23    "Private detective" means any person who by any means,
24including, but not limited to, manual, canine odor detection,
25or electronic methods, engages in the business of, accepts
26employment to furnish, or agrees to make or makes

 

 

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1investigations for a fee or other consideration to obtain
2information relating to:
3        (1) Crimes or wrongs done or threatened against the
4    United States, any state or territory of the United
5    States, or any local government of a state or territory.
6        (2) The identity, habits, conduct, business
7    occupation, honesty, integrity, credibility, knowledge,
8    trustworthiness, efficiency, loyalty, activity,
9    movements, whereabouts, affiliations, associations,
10    transactions, acts, reputation, or character of any
11    person, firm, or other entity by any means, manual or
12    electronic.
13        (3) The location, disposition, or recovery of lost or
14    stolen property.
15        (4) The cause, origin, or responsibility for fires,
16    accidents, or injuries to individuals or real or personal
17    property.
18        (5) The truth or falsity of any statement or
19    representation.
20        (6) Securing evidence to be used before any court,
21    board, or investigating body.
22        (7) The protection of individuals from bodily harm or
23    death (bodyguard functions).
24        (8) Service of process in criminal and civil
25    proceedings.
26    "Private detective agency" means a person, firm,

 

 

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1corporation, or other legal entity that engages in the private
2detective business and employs, in addition to the
3licensee-in-charge, one or more persons in conducting such
4business.
5    "Private detective licensee-in-charge" means a person who
6has been designated by an agency to be the licensee-in-charge
7of an agency, who is a full-time management employee or owner
8who assumes sole responsibility for maintaining all records
9required by this Act, and who assumes sole responsibility for
10assuring the licensed agency's compliance with its
11responsibilities as stated in this Act. The Department shall
12adopt rules mandating licensee-in-charge participation in
13agency affairs.
14    "Private security contractor" means a person who engages
15in the business of providing a private security officer,
16watchman, patrol, guard dog, canine odor detection, or a
17similar service by any other title or name on a contractual
18basis for another person, firm, corporation, or other entity
19for a fee or other consideration and performing one or more of
20the following functions:
21        (1) The prevention or detection of intrusion, entry,
22    theft, vandalism, abuse, fire, or trespass on private or
23    governmental property.
24        (2) The prevention, observation, or detection of any
25    unauthorized activity on private or governmental property.
26        (3) The protection of persons authorized to be on the

 

 

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1    premises of the person, firm, or other entity for which
2    the security contractor contractually provides security
3    services.
4        (4) The prevention of the misappropriation or
5    concealment of goods, money, bonds, stocks, notes,
6    documents, or papers.
7        (5) The control, regulation, or direction of the
8    movement of the public for the time specifically required
9    for the protection of property owned or controlled by the
10    client.
11        (6) The protection of individuals from bodily harm or
12    death (bodyguard functions).
13    "Private security contractor agency" means a person, firm,
14corporation, or other legal entity that engages in the private
15security contractor business and that employs, in addition to
16the licensee-in-charge, one or more persons in conducting such
17business.
18    "Private security contractor licensee-in-charge" means a
19person who has been designated by an agency to be the
20licensee-in-charge of an agency, who is a full-time management
21employee or owner who assumes sole responsibility for
22maintaining all records required by this Act, and who assumes
23sole responsibility for assuring the licensed agency's
24compliance with its responsibilities as stated in this Act.
25The Department shall adopt rules mandating licensee-in-charge
26participation in agency affairs.

 

 

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1    "Public member" means a person who is not a licensee or
2related to a licensee, or who is not an employer or employee of
3a licensee. The term "related to" shall be determined by the
4rules of the Department.
5    "Secretary" means the Secretary of the Department of
6Financial and Professional Regulation.
7(Source: P.A. 98-253, eff. 8-9-13.)
 
8    (225 ILCS 447/10-5)
9    (Section scheduled to be repealed on January 1, 2024)
10    Sec. 10-5. Requirement of license.
11    (a) It is unlawful for a person to act as or provide the
12functions of a private detective, private security contractor,
13private alarm contractor, fingerprint vendor, or locksmith or
14to advertise or to assume to act as any one of these, or to use
15these or any other title implying that the person is engaged in
16any of these activities unless licensed as such by the
17Department. An individual or sole proprietor who does not
18employ any employees other than himself or herself may operate
19under a "doing business as" or assumed name certification
20without having to obtain an agency license, so long as the
21assumed name is first registered with the Department.
22    (b) It is unlawful for a person, firm, corporation, or
23other legal entity to act as an agency licensed under this Act,
24to advertise, or to assume to act as a licensed agency or to
25use a title implying that the person, firm, or other entity is

 

 

SB2037- 887 -LRB102 17120 WGH 22551 b

1engaged in the practice as a private detective agency, private
2security contractor agency, private alarm contractor agency,
3fingerprint vendor agency, or locksmith agency unless licensed
4by the Department.
5    (c) No agency shall operate a branch office without first
6applying for and receiving a branch office license for each
7location.
8    (d) Beginning 12 months after the adoption of rules
9providing for the licensure of fingerprint vendors under this
10Act, it is unlawful for a person to operate live scan
11fingerprint equipment or other equipment designed to obtain
12fingerprint images for the purpose of providing fingerprint
13images and associated demographic data to the Illinois
14Department of State Police, unless he or she has successfully
15completed a fingerprint training course conducted or
16authorized by the Illinois Department of State Police and is
17licensed as a fingerprint vendor.
18    (e) Beginning 12 months after the adoption of rules
19providing for the licensure of canine handlers and canine
20trainers under this Act, no person shall operate a canine
21training facility unless licensed as a private detective
22agency or private security contractor agency under this Act,
23and no person shall act as a canine trainer unless he or she is
24licensed as a private detective or private security contractor
25or is a registered employee of a private detective agency or
26private security contractor agency approved by the Department.

 

 

SB2037- 888 -LRB102 17120 WGH 22551 b

1(Source: P.A. 95-613, eff. 9-11-07.)
 
2    (225 ILCS 447/10-25)
3    (Section scheduled to be repealed on January 1, 2024)
4    Sec. 10-25. Issuance of license; renewal; fees.
5    (a) The Department shall, upon the applicant's
6satisfactory completion of the requirements set forth in this
7Act and upon receipt of the fee, issue the license indicating
8the name and business location of the licensee and the date of
9expiration.
10    (b) An applicant may, upon satisfactory completion of the
11requirements set forth in this Act and upon receipt of fees
12related to the application and testing for licensure, elect to
13defer the issuance of the applicant's initial license for a
14period not longer than 3 years. An applicant who fails to
15request issuance of his or her initial license or agency
16license and to remit the fees required for that license within
173 years shall be required to resubmit an application together
18with all required fees.
19    (c) The expiration date, renewal period, and conditions
20for renewal and restoration of each license, permanent
21employee registration card, canine handler authorization card,
22canine trainer authorization card, and firearm control card
23shall be set by rule. The holder may renew the license,
24permanent employee registration card, canine handler
25authorization card, canine trainer authorization card, or

 

 

SB2037- 889 -LRB102 17120 WGH 22551 b

1firearm control card during the 30 days preceding its
2expiration by paying the required fee and by meeting
3conditions that the Department may specify. Any license holder
4who notifies the Department on forms prescribed by the
5Department may place his or her license on inactive status for
6a period of not longer than 3 years and shall, subject to the
7rules of the Department, be excused from payment of renewal
8fees until the license holder notifies the Department, in
9writing, of an intention to resume active status. Practice
10while on inactive status constitutes unlicensed practice. A
11non-renewed license that has lapsed for less than 3 years may
12be restored upon payment of the restoration fee and all lapsed
13renewal fees. A license that has lapsed for more than 3 years
14may be restored by paying the required restoration fee and all
15lapsed renewal fees and by providing evidence of competence to
16resume practice satisfactory to the Department and the Board,
17which may include passing a written examination. All
18restoration fees and lapsed renewal fees shall be waived for
19an applicant whose license lapsed while on active duty in the
20armed forces of the United States if application for
21restoration is made within 12 months after discharge from the
22service.
23    Any person seeking renewal or restoration under this
24subsection (c) shall be subject to the continuing education
25requirements established pursuant to Section 10-27 of this
26Act.

 

 

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1    (d) Any permanent employee registration card expired for
2less than one year may be restored upon payment of lapsed
3renewal fees. Any permanent employee registration card expired
4for one year or more may be restored by making application to
5the Department and filing proof acceptable to the Department
6of the licensee's fitness to have the permanent employee
7registration card restored, including verification of
8fingerprint processing through the Illinois Department of
9State Police and Federal Bureau of Investigation and paying
10the restoration fee.
11(Source: P.A. 98-253, eff. 8-9-13.)
 
12    (225 ILCS 447/31-5)
13    (Section scheduled to be repealed on January 1, 2024)
14    Sec. 31-5. Exemptions.
15    (a) The provisions of this Act regarding fingerprint
16vendors do not apply to any of the following, if the person
17performing the service does not hold himself or herself out as
18a fingerprint vendor or fingerprint vendor agency:
19        (1) An employee of the United States, Illinois, or a
20    political subdivision, including public school districts,
21    of either while the employee is engaged in the performance
22    of his or her official duties within the scope of his or
23    her employment. However, any such person who offers his or
24    her services as a fingerprint vendor or uses a similar
25    title when these services are performed for compensation

 

 

SB2037- 891 -LRB102 17120 WGH 22551 b

1    or other consideration, whether received directly or
2    indirectly, is subject to this Act.
3        (2) A person employed exclusively by only one employer
4    in connection with the exclusive activities of that
5    employer, provided that person does not hold himself or
6    herself out to the public as a fingerprint vendor.
7        (3) Any member of local law enforcement in the
8    performance of his or her duties for criminal justice
9    purposes, notwithstanding whether the local law
10    enforcement agency charges a reasonable fee related to the
11    cost of offering fingerprinting services.
12    (b) The provisions of this Act regarding fingerprint
13vendors do not apply to any member of a local law enforcement
14agency, acting on behalf of the local law enforcement agency
15that is registered with the Illinois Department of State
16Police to provide fingerprinting services for non-criminal
17justice purposes, notwithstanding whether the local law
18enforcement agency charges a reasonable fee related to the
19cost of offering fingerprinting services.
20(Source: P.A. 98-294, eff. 8-9-13; 98-600, eff. 12-6-13.)
 
21    (225 ILCS 447/31-10)
22    (Section scheduled to be repealed on January 1, 2024)
23    Sec. 31-10. Qualifications for licensure as a fingerprint
24vendor.
25    (a) A person is qualified for licensure as a fingerprint

 

 

SB2037- 892 -LRB102 17120 WGH 22551 b

1vendor if he or she meets all of the following requirements:
2        (1) Is at least 18 years of age.
3        (2) Has not been convicted of any felony in any
4    jurisdiction or at least 10 years have elapsed since the
5    time of full discharge from a sentence imposed for a
6    felony conviction.
7        (3) Is of good moral character. Good moral character
8    is a continuing requirement of licensure. Conviction of
9    crimes other than felonies may be used in determining
10    moral character, but shall not constitute an absolute bar
11    to licensure, except where the applicant is a registered
12    sex offender.
13        (4) Has not been declared by any court of competent
14    jurisdiction to be incompetent by reason of mental or
15    physical defect or disease, unless a court has
16    subsequently declared him or her to be competent.
17        (5) Is not suffering from dependence on alcohol or
18    from narcotic addiction or dependence.
19        (6) Has not been dishonorably discharged from the
20    armed forces of the United States.
21        (7) Submits certification issued by the Illinois
22    Department of State Police that the applicant has
23    successfully completed a fingerprint vendor training
24    course conducted or authorized by the Illinois Department
25    of State Police.
26        (8) Submits his or her fingerprints, in accordance

 

 

SB2037- 893 -LRB102 17120 WGH 22551 b

1    with subsection (b) of this Section.
2        (9) Has not violated any provision of this Act or any
3    rule adopted under this Act.
4        (10) Provides evidence satisfactory to the Department
5    that the applicant has obtained general liability
6    insurance in an amount and with coverage as determined by
7    rule. Failure to maintain general liability insurance and
8    failure to provide the Department with written proof of
9    the insurance, upon request, shall result in cancellation
10    of the license without hearing. A fingerprint vendor
11    employed by a licensed fingerprint vendor agency may
12    provide proof that his or her actions as a fingerprint
13    vendor are covered by the liability insurance of his or
14    her employer.
15        (11) Pays the required licensure fee.
16        (12) (Blank).
17        (13) Submits proof that the applicant maintains a
18    business office located in the State of Illinois.
19        (14) Provides proof of compliance with subsection (e)
20    of Section 31-15 of this Act if the applicant is not
21    required to obtain a fingerprint vendor agency license
22    pursuant to subsection (b) of Section 31-15 of this Act.
23    (b) Each applicant for a fingerprint vendor license shall
24have his or her fingerprints submitted to the Illinois
25Department of State Police in an electronic format that
26complies with the form and manner for requesting and

 

 

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1furnishing criminal history record information as prescribed
2by the Illinois Department of State Police. These fingerprints
3shall be checked against the Illinois Department of State
4Police and Federal Bureau of Investigation criminal history
5record databases now and hereafter filed. The Illinois
6Department of State Police shall charge applicants a fee for
7conducting the criminal history records check, which shall be
8deposited in the State Police Services Fund and shall not
9exceed the actual cost of the records check. The Illinois
10Department of State Police shall furnish, pursuant to positive
11identification, records of Illinois convictions to the
12Department. The Department may require applicants to pay a
13separate fingerprinting fee, either to the Department or
14directly to the vendor. The Department, in its discretion, may
15allow an applicant who does not have reasonable access to a
16designated vendor to provide his or her fingerprints in an
17alternative manner. The Department, in its discretion, may
18also use other procedures in performing or obtaining criminal
19background checks of applicants. Instead of submitting his or
20her fingerprints, an individual may submit proof that is
21satisfactory to the Department that an equivalent security
22clearance has been conducted. Also, an individual who has
23retired as a peace officer within 12 months of application may
24submit verification, on forms provided by the Department and
25signed by his or her employer, of his or her previous full-time
26employment as a peace officer.

 

 

SB2037- 895 -LRB102 17120 WGH 22551 b

1(Source: P.A. 100-44, eff. 8-11-17.)
 
2    (225 ILCS 447/31-15)
3    (Section scheduled to be repealed on January 1, 2024)
4    Sec. 31-15. Qualifications for licensure as a fingerprint
5vendor agency.
6    (a) Upon receipt of the required fee, compliance with
7subsection (e) of this Section, and proof that the applicant
8has a full-time Illinois licensed fingerprint vendor
9licensee-in-charge, which is a continuing requirement for
10agency licensure, the Department may issue a license as a
11fingerprint vendor agency to any of the following:
12        (1) An individual who submits an application and is a
13    licensed fingerprint vendor under this Act.
14        (2) A firm that submits an application and all of the
15    members of the firm are licensed fingerprint vendors under
16    this Act.
17        (3) A corporation or limited liability company doing
18    business in Illinois that is authorized to engage in the
19    business of conducting a fingerprint vendor agency if at
20    least one officer or executive employee is a licensed
21    fingerprint vendor under this Act and all unlicensed
22    officers and directors of the corporation or limited
23    liability company are determined by the Department to be
24    persons of good moral character.
25    (b) An individual licensed as a fingerprint vendor

 

 

SB2037- 896 -LRB102 17120 WGH 22551 b

1operating under a business name other than the licensed
2fingerprint vendor's own name shall not be required to obtain
3a fingerprint vendor agency license if that licensed
4fingerprint vendor does not employ any persons to provide
5fingerprinting services. However, in either circumstance, the
6individual shall comply with the requirements of subsection
7(e) of this Section as a requirement for licensure.
8    (c) No fingerprint vendor may be the licensee-in-charge
9for more than one fingerprint vendor agency. Upon written
10request by a representative of the agency, within 10 days
11after the loss of a licensee-in-charge of an agency because of
12the death of that individual or because of the termination of
13the employment of that individual, the Department shall issue
14a temporary certificate of authority allowing the continuing
15operation of the licensed agency. No temporary certificate of
16authority shall be valid for more than 90 days. An extension of
17an additional 90 days may be granted upon written request by
18the representative of the agency. Not more than 2 extensions
19may be granted to any agency. No temporary permit shall be
20issued for loss of the licensee-in-charge because of
21disciplinary action by the Department related to his or her
22conduct on behalf of the agency.
23    (d) Upon issuance of the temporary certificate of
24authority as provided for in subsection (c) of this Section
25and at any time thereafter while the temporary certificate of
26authority is in effect, the Department may request in writing

 

 

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1additional information from the agency regarding the loss of
2its licensee-in-charge, the selection of a new
3licensee-in-charge, and the management of the agency. Failure
4of the agency to respond or respond to the satisfaction of the
5Department shall cause the Department to deny any extension of
6the temporary certificate of authority. While the temporary
7certificate of authority is in effect, the Department may
8disapprove the selection of a new licensee-in-charge by the
9agency if the person's license is not operative or the
10Department has good cause to believe that the person selected
11will not fully exercise the responsibilities of a
12licensee-in-charge. If the Department has disapproved the
13selection of a new licensee-in-charge and the temporary
14certificate of authority expires or is about to expire without
15the agency selecting another new licensee-in-charge, the
16Department shall grant an extension of the temporary
17certificate of authority for an additional 90 days, except as
18otherwise prohibited in subsection (c) or this subsection (d).
19    (e) An applicant shall submit certification issued by the
20Illinois Department of State Police that the applicant's
21fingerprinting equipment and software meets all specifications
22required by the Illinois Department of State Police.
23Compliance with Illinois Department of State Police
24fingerprinting equipment and software specifications is a
25continuing requirement for licensure.
26(Source: P.A. 100-44, eff. 8-11-17.)
 

 

 

SB2037- 898 -LRB102 17120 WGH 22551 b

1    (225 ILCS 447/31-20)
2    (Section scheduled to be repealed on January 1, 2024)
3    Sec. 31-20. Training; fingerprint vendor and employees.
4    (a) Registered employees of a licensed fingerprint vendor
5agency shall complete a minimum of 20 hours of training
6provided by a qualified instructor within 30 days of their
7employment. The substance of the training shall be prescribed
8by rule.
9    (b) It is the responsibility of the employer to certify,
10on a form provided by the Department, that the employee has
11successfully completed the training. The form shall be a
12permanent record of training completed by the employee and
13shall be placed in the employee's file with the employer for
14the period the employee remains with the employer. An agency
15may place a notarized copy of the Department form, in lieu of
16the original, into the permanent employee registration card
17file. The original form shall be given to the employee when his
18or her employment is terminated. Failure to return the
19original form to the employee is grounds for disciplinary
20action. The employee shall not be required to repeat the
21required training once the employee has been issued the form.
22An employer may provide or require additional training.
23    (c) Any certification of completion of the 20-hour basic
24training issued under the Private Detective, Private Alarm,
25Private Security, and Locksmith Act of 2004 or any prior Act

 

 

SB2037- 899 -LRB102 17120 WGH 22551 b

1shall be accepted as proof of training under this Act.
2    (d) No registered employee of a licensed fingerprint
3vendor agency may operate live scan fingerprint equipment or
4other equipment designed to obtain fingerprint images for the
5purpose of providing fingerprint images and associated
6demographic data to the Illinois Department of State Police.
7(Source: P.A. 95-613, eff. 9-11-07.)
 
8    (225 ILCS 447/31-25)
9    (Section scheduled to be repealed on January 1, 2024)
10    Sec. 31-25. Customer identification; record keeping. A
11fingerprint vendor or fingerprint vendor agency shall document
12in the form of a work order when and where each and every
13fingerprint service is provided. The work order shall also
14include the name, address, date of birth, telephone number,
15and driver's license number or other identification number of
16the person requesting the service to be done, the signature of
17that person, the routing number and any other information or
18documentation as provided by rule. All work orders shall be
19kept by the licensed fingerprint vendor for a period of 2 years
20from the date of service and shall include the name and license
21number of the fingerprint vendor and, if applicable, the name
22and identification number of the registered employee who
23performed the services. Work order forms required to be kept
24under this Section shall be available for inspection by the
25Department or by the Illinois Department of State Police.

 

 

SB2037- 900 -LRB102 17120 WGH 22551 b

1(Source: P.A. 95-613, eff. 9-11-07.)
 
2    (225 ILCS 447/35-30)
3    (Section scheduled to be repealed on January 1, 2024)
4    Sec. 35-30. Employee requirements. All employees of a
5licensed agency, other than those exempted, shall apply for a
6permanent employee registration card. The holder of an agency
7license issued under this Act, known in this Section as
8"employer", may employ in the conduct of his or her business
9employees under the following provisions:
10    (a) No person shall be issued a permanent employee
11registration card who:
12        (1) Is younger than 18 years of age.
13        (2) Is younger than 21 years of age if the services
14    will include being armed.
15        (3) Has been determined by the Department to be unfit
16    by reason of conviction of an offense in this or another
17    state, including registration as a sex offender, but not
18    including a traffic offense. Persons convicted of felonies
19    involving bodily harm, weapons, violence, or theft within
20    the previous 10 years shall be presumed to be unfit for
21    registration. The Department shall adopt rules for making
22    those determinations that shall afford the applicant due
23    process of law.
24        (4) Has had a license or permanent employee
25    registration card denied, suspended, or revoked under this

 

 

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1    Act (i) within one year before the date the person's
2    application for permanent employee registration card is
3    received by the Department; and (ii) that refusal, denial,
4    suspension, or revocation was based on any provision of
5    this Act other than Section 40-50, item (6) or (8) of
6    subsection (a) of Section 15-10, subsection (b) of Section
7    15-10, item (6) or (8) of subsection (a) of Section 20-10,
8    subsection (b) of Section 20-10, item (6) or (8) of
9    subsection (a) of Section 25-10, subsection (b) of Section
10    25-10, item (7) of subsection (a) of Section 30-10,
11    subsection (b) of Section 30-10, or Section 10-40.
12        (5) Has been declared incompetent by any court of
13    competent jurisdiction by reason of mental disease or
14    defect and has not been restored.
15        (6) Has been dishonorably discharged from the armed
16    services of the United States.
17    (b) No person may be employed by a private detective
18agency, private security contractor agency, private alarm
19contractor agency, fingerprint vendor agency, or locksmith
20agency under this Section until he or she has executed and
21furnished to the employer, on forms furnished by the
22Department, a verified statement to be known as "Employee's
23Statement" setting forth:
24        (1) The person's full name, age, and residence
25    address.
26        (2) The business or occupation engaged in for the 5

 

 

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1    years immediately before the date of the execution of the
2    statement, the place where the business or occupation was
3    engaged in, and the names of employers, if any.
4        (3) That the person has not had a license or employee
5    registration denied, revoked, or suspended under this Act
6    (i) within one year before the date the person's
7    application for permanent employee registration card is
8    received by the Department; and (ii) that refusal, denial,
9    suspension, or revocation was based on any provision of
10    this Act other than Section 40-50, item (6) or (8) of
11    subsection (a) of Section 15-10, subsection (b) of Section
12    15-10, item (6) or (8) of subsection (a) of Section 20-10,
13    subsection (b) of Section 20-10, item (6) or (8) of
14    subsection (a) of Section 25-10, subsection (b) of Section
15    25-10, item (7) of subsection (a) of Section 30-10,
16    subsection (b) of Section 30-10, or Section 10-40.
17        (4) Any conviction of a felony or misdemeanor.
18        (5) Any declaration of incompetence by a court of
19    competent jurisdiction that has not been restored.
20        (6) Any dishonorable discharge from the armed services
21    of the United States.
22        (7) Any other information as may be required by any
23    rule of the Department to show the good character,
24    competency, and integrity of the person executing the
25    statement.
26    (c) Each applicant for a permanent employee registration

 

 

SB2037- 903 -LRB102 17120 WGH 22551 b

1card shall have his or her fingerprints submitted to the
2Illinois Department of State Police in an electronic format
3that complies with the form and manner for requesting and
4furnishing criminal history record information as prescribed
5by the Illinois Department of State Police. These fingerprints
6shall be checked against the Illinois Department of State
7Police and Federal Bureau of Investigation criminal history
8record databases now and hereafter filed. The Illinois
9Department of State Police shall charge applicants a fee for
10conducting the criminal history records check, which shall be
11deposited in the State Police Services Fund and shall not
12exceed the actual cost of the records check. The Illinois
13Department of State Police shall furnish, pursuant to positive
14identification, records of Illinois convictions to the
15Department. The Department may require applicants to pay a
16separate fingerprinting fee, either to the Department or
17directly to the vendor. The Department, in its discretion, may
18allow an applicant who does not have reasonable access to a
19designated vendor to provide his or her fingerprints in an
20alternative manner. The Department, in its discretion, may
21also use other procedures in performing or obtaining criminal
22background checks of applicants. Instead of submitting his or
23her fingerprints, an individual may submit proof that is
24satisfactory to the Department that an equivalent security
25clearance has been conducted. Also, an individual who has
26retired as a peace officer within 12 months of application may

 

 

SB2037- 904 -LRB102 17120 WGH 22551 b

1submit verification, on forms provided by the Department and
2signed by his or her employer, of his or her previous full-time
3employment as a peace officer.
4    (d) The Department shall issue a permanent employee
5registration card, in a form the Department prescribes, to all
6qualified applicants. The holder of a permanent employee
7registration card shall carry the card at all times while
8actually engaged in the performance of the duties of his or her
9employment. Expiration and requirements for renewal of
10permanent employee registration cards shall be established by
11rule of the Department. Possession of a permanent employee
12registration card does not in any way imply that the holder of
13the card is employed by an agency unless the permanent
14employee registration card is accompanied by the employee
15identification card required by subsection (f) of this
16Section.
17    (e) Each employer shall maintain a record of each employee
18that is accessible to the duly authorized representatives of
19the Department. The record shall contain the following
20information:
21        (1) A photograph taken within 10 days of the date that
22    the employee begins employment with the employer. The
23    photograph shall be replaced with a current photograph
24    every 3 calendar years.
25        (2) The Employee's Statement specified in subsection
26    (b) of this Section.

 

 

SB2037- 905 -LRB102 17120 WGH 22551 b

1        (3) All correspondence or documents relating to the
2    character and integrity of the employee received by the
3    employer from any official source or law enforcement
4    agency.
5        (4) In the case of former employees, the employee
6    identification card of that person issued under subsection
7    (f) of this Section. Each employee record shall duly note
8    if the employee is employed in an armed capacity. Armed
9    employee files shall contain a copy of an active firearm
10    owner's identification card and a copy of an active
11    firearm control card. Each employer shall maintain a
12    record for each armed employee of each instance in which
13    the employee's weapon was discharged during the course of
14    his or her professional duties or activities. The record
15    shall be maintained on forms provided by the Department, a
16    copy of which must be filed with the Department within 15
17    days of an instance. The record shall include the date and
18    time of the occurrence, the circumstances involved in the
19    occurrence, and any other information as the Department
20    may require. Failure to provide this information to the
21    Department or failure to maintain the record as a part of
22    each armed employee's permanent file is grounds for
23    disciplinary action. The Department, upon receipt of a
24    report, shall have the authority to make any investigation
25    it considers appropriate into any occurrence in which an
26    employee's weapon was discharged and to take disciplinary

 

 

SB2037- 906 -LRB102 17120 WGH 22551 b

1    action as may be appropriate.
2        (5) A copy of the employee's permanent employee
3    registration card or a copy of the Department's "License
4    Lookup" Webpage showing that the employee has been issued
5    a valid permanent employee registration card by the
6    Department.
7    The Department may, by rule, prescribe further record
8requirements.
9    (f) Every employer shall furnish an employee
10identification card to each of his or her employees. This
11employee identification card shall contain a recent photograph
12of the employee, the employee's name, the name and agency
13license number of the employer, the employee's personal
14description, the signature of the employer, the signature of
15that employee, the date of issuance, and an employee
16identification card number.
17    (g) No employer may issue an employee identification card
18to any person who is not employed by the employer in accordance
19with this Section or falsely state or represent that a person
20is or has been in his or her employ. It is unlawful for an
21applicant for registered employment to file with the
22Department the fingerprints of a person other than himself or
23herself.
24    (h) Every employer shall obtain the identification card of
25every employee who terminates employment with him or her.
26    (i) Every employer shall maintain a separate roster of the

 

 

SB2037- 907 -LRB102 17120 WGH 22551 b

1names of all employees currently working in an armed capacity
2and submit the roster to the Department on request.
3    (j) No agency may employ any person to perform a licensed
4activity under this Act unless the person possesses a valid
5permanent employee registration card or a valid license under
6this Act, or is exempt pursuant to subsection (n).
7    (k) Notwithstanding the provisions of subsection (j), an
8agency may employ a person in a temporary capacity if all of
9the following conditions are met:
10        (1) The agency completes in its entirety and submits
11    to the Department an application for a permanent employee
12    registration card, including the required fingerprint
13    receipt and fees.
14        (2) The agency has verification from the Department
15    that the applicant has no record of any criminal
16    conviction pursuant to the criminal history check
17    conducted by the Illinois Department of State Police. The
18    agency shall maintain the verification of the results of
19    the Illinois Department of State Police criminal history
20    check as part of the employee record as required under
21    subsection (e) of this Section.
22        (3) The agency exercises due diligence to ensure that
23    the person is qualified under the requirements of the Act
24    to be issued a permanent employee registration card.
25        (4) The agency maintains a separate roster of the
26    names of all employees whose applications are currently

 

 

SB2037- 908 -LRB102 17120 WGH 22551 b

1    pending with the Department and submits the roster to the
2    Department on a monthly basis. Rosters are to be
3    maintained by the agency for a period of at least 24
4    months.
5    An agency may employ only a permanent employee applicant
6for which it either submitted a permanent employee application
7and all required forms and fees or it confirms with the
8Department that a permanent employee application and all
9required forms and fees have been submitted by another agency,
10licensee or the permanent employee and all other requirements
11of this Section are met.
12    The Department shall have the authority to revoke, without
13a hearing, the temporary authority of an individual to work
14upon receipt of Federal Bureau of Investigation fingerprint
15data or a report of another official authority indicating a
16criminal conviction. If the Department has not received a
17temporary employee's Federal Bureau of Investigation
18fingerprint data within 120 days of the date the Department
19received the Illinois Department of State Police fingerprint
20data, the Department may, at its discretion, revoke the
21employee's temporary authority to work with 15 days written
22notice to the individual and the employing agency.
23    An agency may not employ a person in a temporary capacity
24if it knows or reasonably should have known that the person has
25been convicted of a crime under the laws of this State, has
26been convicted in another state of any crime that is a crime

 

 

SB2037- 909 -LRB102 17120 WGH 22551 b

1under the laws of this State, has been convicted of any crime
2in a federal court, or has been posted as an unapproved
3applicant by the Department. Notice by the Department to the
4agency, via certified mail, personal delivery, electronic
5mail, or posting on the Department's Internet site accessible
6to the agency that the person has been convicted of a crime
7shall be deemed constructive knowledge of the conviction on
8the part of the agency. The Department may adopt rules to
9implement this subsection (k).
10    (l) No person may be employed under this Section in any
11capacity if:
12        (1) the person, while so employed, is being paid by
13    the United States or any political subdivision for the
14    time so employed in addition to any payments he or she may
15    receive from the employer; or
16        (2) the person wears any portion of his or her
17    official uniform, emblem of authority, or equipment while
18    so employed.
19    (m) If information is discovered affecting the
20registration of a person whose fingerprints were submitted
21under this Section, the Department shall so notify the agency
22that submitted the fingerprints on behalf of that person.
23    (n) Peace officers shall be exempt from the requirements
24of this Section relating to permanent employee registration
25cards. The agency shall remain responsible for any peace
26officer employed under this exemption, regardless of whether

 

 

SB2037- 910 -LRB102 17120 WGH 22551 b

1the peace officer is compensated as an employee or as an
2independent contractor and as further defined by rule.
3    (o) Persons who have no access to confidential or security
4information, who do not go to a client's or prospective
5client's residence or place of business, and who otherwise do
6not provide traditional security services are exempt from
7employee registration. Examples of exempt employees include,
8but are not limited to, employees working in the capacity of
9ushers, directors, ticket takers, cashiers, drivers, and
10reception personnel. Confidential or security information is
11that which pertains to employee files, scheduling, client
12contracts, or technical security and alarm data.
13    (p) An applicant who is 21 years of age or older seeking a
14religious exemption to the photograph requirement of this
15Section shall furnish with the application an approved copy of
16United States Department of the Treasury Internal Revenue
17Service Form 4029. Regardless of age, an applicant seeking a
18religious exemption to this photograph requirement shall
19submit fingerprints in a form and manner prescribed by the
20Department with his or her application in lieu of a
21photograph.
22(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)
 
23    (225 ILCS 447/40-10)
24    (Section scheduled to be repealed on January 1, 2024)
25    Sec. 40-10. Disciplinary sanctions.

 

 

SB2037- 911 -LRB102 17120 WGH 22551 b

1    (a) The Department may deny issuance, refuse to renew, or
2restore or may reprimand, place on probation, suspend, revoke,
3or take other disciplinary or non-disciplinary action against
4any license, registration, permanent employee registration
5card, canine handler authorization card, canine trainer
6authorization card, or firearm control card, may impose a fine
7not to exceed $10,000 for each violation, and may assess costs
8as provided for under Section 45-60, for any of the following:
9        (1) Fraud, deception, or misrepresentation in
10    obtaining or renewing of a license or registration.
11        (2) Professional incompetence as manifested by poor
12    standards of service.
13        (3) Engaging in dishonorable, unethical, or
14    unprofessional conduct of a character likely to deceive,
15    defraud, or harm the public.
16        (4) Conviction of or plea of guilty or plea of nolo
17    contendere to a felony or misdemeanor in this State or any
18    other jurisdiction or the entry of an administrative
19    sanction by a government agency in this State or any other
20    jurisdiction; action taken under this paragraph (4) for a
21    misdemeanor or an administrative sanction is limited to a
22    misdemeanor or administrative sanction that has as an
23    essential element of dishonesty or fraud or involves
24    larceny, embezzlement, or obtaining money, property, or
25    credit by false pretenses or by means of a confidence
26    game.

 

 

SB2037- 912 -LRB102 17120 WGH 22551 b

1        (5) Performing any services in a grossly negligent
2    manner or permitting any of a licensee's employees to
3    perform services in a grossly negligent manner, regardless
4    of whether actual damage to the public is established.
5        (6) Continued practice, although the person has become
6    unfit to practice due to any of the following:
7            (A) Physical illness, mental illness, or other
8        impairment, including, but not limited to,
9        deterioration through the aging process or loss of
10        motor skills that results in the inability to serve
11        the public with reasonable judgment, skill, or safety.
12            (B) (Blank).
13            (C) Habitual or excessive use or abuse of drugs
14        defined in law as controlled substances, alcohol, or
15        any other substance that results in the inability to
16        practice with reasonable judgment, skill, or safety.
17        (7) Receiving, directly or indirectly, compensation
18    for any services not rendered.
19        (8) Willfully deceiving or defrauding the public on a
20    material matter.
21        (9) Failing to account for or remit any moneys or
22    documents coming into the licensee's possession that
23    belong to another person or entity.
24        (10) Discipline by another United States jurisdiction,
25    foreign nation, or governmental agency, if at least one of
26    the grounds for the discipline is the same or

 

 

SB2037- 913 -LRB102 17120 WGH 22551 b

1    substantially equivalent to those set forth in this Act.
2        (11) Giving differential treatment to a person that is
3    to that person's detriment because of race, color, creed,
4    sex, religion, or national origin.
5        (12) Engaging in false or misleading advertising.
6        (13) Aiding, assisting, or willingly permitting
7    another person to violate this Act or rules promulgated
8    under it.
9        (14) Performing and charging for services without
10    authorization to do so from the person or entity serviced.
11        (15) Directly or indirectly offering or accepting any
12    benefit to or from any employee, agent, or fiduciary
13    without the consent of the latter's employer or principal
14    with intent to or the understanding that this action will
15    influence his or her conduct in relation to his or her
16    employer's or principal's affairs.
17        (16) Violation of any disciplinary order imposed on a
18    licensee by the Department.
19        (17) Performing any act or practice that is a
20    violation of this Act or the rules for the administration
21    of this Act, or having a conviction or administrative
22    finding of guilty as a result of violating any federal or
23    State laws, rules, or regulations that apply exclusively
24    to the practices of private detectives, private alarm
25    contractors, private security contractors, fingerprint
26    vendors, or locksmiths.

 

 

SB2037- 914 -LRB102 17120 WGH 22551 b

1        (18) Conducting an agency without a valid license.
2        (19) Revealing confidential information, except as
3    required by law, including but not limited to information
4    available under Section 2-123 of the Illinois Vehicle
5    Code.
6        (20) Failing to make available to the Department, upon
7    request, any books, records, or forms required by this
8    Act.
9        (21) Failing, within 30 days, to respond to a written
10    request for information from the Department.
11        (22) Failing to provide employment information or
12    experience information required by the Department
13    regarding an applicant for licensure.
14        (23) Failing to make available to the Department at
15    the time of the request any indicia of licensure or
16    registration issued under this Act.
17        (24) Purporting to be a licensee-in-charge of an
18    agency without active participation in the agency.
19        (25) A finding by the Department that the licensee,
20    after having his or her license placed on probationary
21    status, has violated the terms of probation.
22        (26) Violating subsection (f) of Section 30-30.
23        (27) A firearm control card holder having more
24    firearms in his or her immediate possession than he or she
25    can reasonably exercise control over.
26        (28) Failure to report in writing to the Department,

 

 

SB2037- 915 -LRB102 17120 WGH 22551 b

1    within 60 days of an entry of a settlement or a verdict in
2    excess of $10,000, any legal action in which the quality
3    of the licensee's or registrant's professional services
4    was the subject of the legal action.
5    (b) All fines imposed under this Section shall be paid
6within 60 days after the effective date of the order imposing
7the fine.
8    (c) The Department shall adopt rules that set forth
9standards of service for the following: (i) acceptable error
10rate in the transmission of fingerprint images and other data
11to the Illinois Department of State Police; (ii) acceptable
12error rate in the collection and documentation of information
13used to generate fingerprint work orders; and (iii) any other
14standard of service that affects fingerprinting services as
15determined by the Department.
16    The determination by a circuit court that a licensee is
17subject to involuntary admission or judicial admission, as
18provided in the Mental Health and Developmental Disabilities
19Code, operates as an automatic suspension. The suspension will
20end only upon a finding by a court that the patient is no
21longer subject to involuntary admission or judicial admission
22and the issuance of an order so finding and discharging the
23patient.
24(Source: P.A. 98-253, eff. 8-9-13; 99-174, eff. 7-29-15.)
 
25    Section 640. The Real Estate Appraiser Licensing Act of

 

 

SB2037- 916 -LRB102 17120 WGH 22551 b

12002 is amended by changing Section 5-22 as follows:
 
2    (225 ILCS 458/5-22)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 5-22. Criminal history records check.
5    (a) Each applicant for licensure by examination or
6restoration shall have his or her fingerprints submitted to
7the Illinois Department of State Police in an electronic
8format that complies with the form and manner for requesting
9and furnishing criminal history record information as
10prescribed by the Illinois Department of State Police. These
11fingerprints shall be checked against the Illinois Department
12of State Police and Federal Bureau of Investigation criminal
13history record databases now and hereafter filed. The Illinois
14Department of State Police shall charge applicants a fee for
15conducting the criminal history records check, which shall be
16deposited into the State Police Services Fund and shall not
17exceed the actual cost of the records check. The Illinois
18Department of State Police shall furnish, pursuant to positive
19identification, records of Illinois convictions to the
20Department. The Department may require applicants to pay a
21separate fingerprinting fee, either to the Department or to a
22vendor. The Department may adopt any rules necessary to
23implement this Section.
24    (b) The Secretary may designate a multi-state licensing
25system to perform the functions described in subsection (a).

 

 

SB2037- 917 -LRB102 17120 WGH 22551 b

1The Department may require applicants to pay a separate
2fingerprinting fee, either to the Department or to the
3multi-state licensing system. The Department may adopt any
4rules necessary to implement this subsection.
5(Source: P.A. 100-604, eff. 7-13-18.)
 
6    Section 645. The Appraisal Management Company Registration
7Act is amended by changing Section 68 as follows:
 
8    (225 ILCS 459/68)
9    Sec. 68. Criminal history records background check. Each
10individual applicant or controlling person on behalf of a
11business entity that applies for registration or restoration
12shall have his or her fingerprints submitted to the Illinois
13Department of State Police in an electronic format that
14complies with the form and manner for requesting and
15furnishing criminal history record information as prescribed
16by the Illinois Department of State Police, or through a
17multi-state licensing system as designated by the Secretary.
18These fingerprints shall be checked against the Illinois
19Department of State Police and Federal Bureau of Investigation
20criminal history record databases now and hereafter filed. The
21Illinois Department of State Police shall charge applicants a
22fee for conducting the criminal history records background
23check, which shall be deposited into the State Police Services
24Fund and shall not exceed the actual cost of the criminal

 

 

SB2037- 918 -LRB102 17120 WGH 22551 b

1history records background check. The Illinois Department of
2State Police shall furnish, pursuant to positive
3identification, records of Illinois convictions to the
4Department. The Department may require an applicant to pay a
5separate fingerprinting fee, either to the Department or to a
6vendor. The Department may adopt any rules necessary to
7implement this Section.
8(Source: P.A. 100-604, eff. 7-13-18.)
 
9    Section 650. The Solicitation for Charity Act is amended
10by changing Section 16.5 as follows:
 
11    (225 ILCS 460/16.5)
12    Sec. 16.5. Terrorist acts.
13    (a) Any person or organization subject to registration
14under this Act, who knowingly acts to further, directly or
15indirectly, or knowingly uses charitable assets to conduct or
16further, directly or indirectly, an act or actions as set
17forth in Article 29D of the Criminal Code of 2012, is thereby
18engaged in an act or actions contrary to public policy and
19antithetical to charity, and all of the funds, assets, and
20records of the person or organization shall be subject to
21temporary and permanent injunction from use or expenditure and
22the appointment of a temporary and permanent receiver to take
23possession of all of the assets and related records.
24    (b) An ex parte action may be commenced by the Attorney

 

 

SB2037- 919 -LRB102 17120 WGH 22551 b

1General, and, upon a showing of probable cause of a violation
2of this Section or Article 29D of the Criminal Code of 2012, an
3immediate seizure of books and records by the Attorney General
4by and through his or her assistants or investigators or the
5Illinois Department of State Police and freezing of all assets
6shall be made by order of a court to protect the public,
7protect the assets, and allow a full review of the records.
8    (c) Upon a finding by a court after a hearing that a person
9or organization has acted or is in violation of this Section,
10the person or organization shall be permanently enjoined from
11soliciting funds from the public, holding charitable funds, or
12acting as a trustee or fiduciary within Illinois. Upon a
13finding of violation all assets and funds held by the person or
14organization shall be forfeited to the People of the State of
15Illinois or otherwise ordered by the court to be accounted for
16and marshaled and then delivered to charitable causes and uses
17within the State of Illinois by court order.
18    (d) A determination under this Section may be made by any
19court separate and apart from any criminal proceedings and the
20standard of proof shall be that for civil proceedings.
21    (e) Any knowing use of charitable assets to conduct or
22further, directly or indirectly, an act or actions set forth
23in Article 29D of the Criminal Code of 2012 shall be a misuse
24of charitable assets and breach of fiduciary duty relative to
25all other Sections of this Act.
26(Source: P.A. 97-1150, eff. 1-25-13.)
 

 

 

SB2037- 920 -LRB102 17120 WGH 22551 b

1    Section 655. The Illinois Horse Racing Act of 1975 is
2amended by changing Sections 9, 15, 28, 34, and 45 as follows:
 
3    (230 ILCS 5/9)  (from Ch. 8, par. 37-9)
4    Sec. 9. The Board shall have all powers necessary and
5proper to fully and effectively execute the provisions of this
6Act, including, but not limited to, the following:
7    (a) The Board is vested with jurisdiction and supervision
8over all race meetings in this State, over all licensees doing
9business in this State, over all occupation licensees, and
10over all persons on the facilities of any licensee. Such
11jurisdiction shall include the power to issue licenses to the
12Illinois Department of Agriculture authorizing the pari-mutuel
13system of wagering on harness and Quarter Horse races held (1)
14at the Illinois State Fair in Sangamon County, and (2) at the
15DuQuoin State Fair in Perry County. The jurisdiction of the
16Board shall also include the power to issue licenses to county
17fairs which are eligible to receive funds pursuant to the
18Agricultural Fair Act, as now or hereafter amended, or their
19agents, authorizing the pari-mutuel system of wagering on
20horse races conducted at the county fairs receiving such
21licenses. Such licenses shall be governed by subsection (n) of
22this Section.
23    Upon application, the Board shall issue a license to the
24Illinois Department of Agriculture to conduct harness and

 

 

SB2037- 921 -LRB102 17120 WGH 22551 b

1Quarter Horse races at the Illinois State Fair and at the
2DuQuoin State Fairgrounds during the scheduled dates of each
3fair. The Board shall not require and the Department of
4Agriculture shall be exempt from the requirements of Sections
515.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5),
6(e-10), (f), (g), and (h) of Section 20, and Sections 21, 24
7and 25. The Board and the Department of Agriculture may extend
8any or all of these exemptions to any contractor or agent
9engaged by the Department of Agriculture to conduct its race
10meetings when the Board determines that this would best serve
11the public interest and the interest of horse racing.
12    Notwithstanding any provision of law to the contrary, it
13shall be lawful for any licensee to operate pari-mutuel
14wagering or contract with the Department of Agriculture to
15operate pari-mutuel wagering at the DuQuoin State Fairgrounds
16or for the Department to enter into contracts with a licensee,
17employ its owners, employees or agents and employ such other
18occupation licensees as the Department deems necessary in
19connection with race meetings and wagerings.
20    (b) The Board is vested with the full power to promulgate
21reasonable rules and regulations for the purpose of
22administering the provisions of this Act and to prescribe
23reasonable rules, regulations and conditions under which all
24horse race meetings or wagering in the State shall be
25conducted. Such reasonable rules and regulations are to
26provide for the prevention of practices detrimental to the

 

 

SB2037- 922 -LRB102 17120 WGH 22551 b

1public interest and to promote the best interests of horse
2racing and to impose penalties for violations thereof.
3    (c) The Board, and any person or persons to whom it
4delegates this power, is vested with the power to enter the
5facilities and other places of business of any licensee to
6determine whether there has been compliance with the
7provisions of this Act and its rules and regulations.
8    (d) The Board, and any person or persons to whom it
9delegates this power, is vested with the authority to
10investigate alleged violations of the provisions of this Act,
11its reasonable rules and regulations, orders and final
12decisions; the Board shall take appropriate disciplinary
13action against any licensee or occupation licensee for
14violation thereof or institute appropriate legal action for
15the enforcement thereof.
16    (e) The Board, and any person or persons to whom it
17delegates this power, may eject or exclude from any race
18meeting or the facilities of any licensee, or any part
19thereof, any occupation licensee or any other individual whose
20conduct or reputation is such that his presence on those
21facilities may, in the opinion of the Board, call into
22question the honesty and integrity of horse racing or wagering
23or interfere with the orderly conduct of horse racing or
24wagering; provided, however, that no person shall be excluded
25or ejected from the facilities of any licensee solely on the
26grounds of race, color, creed, national origin, ancestry, or

 

 

SB2037- 923 -LRB102 17120 WGH 22551 b

1sex. The power to eject or exclude an occupation licensee or
2other individual may be exercised for just cause by the
3licensee or the Board, subject to subsequent hearing by the
4Board as to the propriety of said exclusion.
5    (f) The Board is vested with the power to acquire,
6establish, maintain and operate (or provide by contract to
7maintain and operate) testing laboratories and related
8facilities, for the purpose of conducting saliva, blood, urine
9and other tests on the horses run or to be run in any horse
10race meeting, including races run at county fairs, and to
11purchase all equipment and supplies deemed necessary or
12desirable in connection with any such testing laboratories and
13related facilities and all such tests.
14    (g) The Board may require that the records, including
15financial or other statements of any licensee or any person
16affiliated with the licensee who is involved directly or
17indirectly in the activities of any licensee as regulated
18under this Act to the extent that those financial or other
19statements relate to such activities be kept in such manner as
20prescribed by the Board, and that Board employees shall have
21access to those records during reasonable business hours.
22Within 120 days of the end of its fiscal year, each licensee
23shall transmit to the Board an audit of the financial
24transactions and condition of the licensee's total operations.
25All audits shall be conducted by certified public accountants.
26Each certified public accountant must be registered in the

 

 

SB2037- 924 -LRB102 17120 WGH 22551 b

1State of Illinois under the Illinois Public Accounting Act.
2The compensation for each certified public accountant shall be
3paid directly by the licensee to the certified public
4accountant. A licensee shall also submit any other financial
5or related information the Board deems necessary to
6effectively administer this Act and all rules, regulations,
7and final decisions promulgated under this Act.
8    (h) The Board shall name and appoint in the manner
9provided by the rules and regulations of the Board: an
10Executive Director; a State director of mutuels; State
11veterinarians and representatives to take saliva, blood, urine
12and other tests on horses; licensing personnel; revenue
13inspectors; and State seasonal employees (excluding admission
14ticket sellers and mutuel clerks). All of those named and
15appointed as provided in this subsection shall serve during
16the pleasure of the Board; their compensation shall be
17determined by the Board and be paid in the same manner as other
18employees of the Board under this Act.
19    (i) The Board shall require that there shall be 3 stewards
20at each horse race meeting, at least 2 of whom shall be named
21and appointed by the Board. Stewards appointed or approved by
22the Board, while performing duties required by this Act or by
23the Board, shall be entitled to the same rights and immunities
24as granted to Board members and Board employees in Section 10
25of this Act.
26    (j) The Board may discharge any Board employee who fails

 

 

SB2037- 925 -LRB102 17120 WGH 22551 b

1or refuses for any reason to comply with the rules and
2regulations of the Board, or who, in the opinion of the Board,
3is guilty of fraud, dishonesty or who is proven to be
4incompetent. The Board shall have no right or power to
5determine who shall be officers, directors or employees of any
6licensee, or their salaries except the Board may, by rule,
7require that all or any officials or employees in charge of or
8whose duties relate to the actual running of races be approved
9by the Board.
10    (k) The Board is vested with the power to appoint
11delegates to execute any of the powers granted to it under this
12Section for the purpose of administering this Act and any
13rules or regulations promulgated in accordance with this Act.
14    (l) The Board is vested with the power to impose civil
15penalties of up to $5,000 against an individual and up to
16$10,000 against a licensee for each violation of any provision
17of this Act, any rules adopted by the Board, any order of the
18Board or any other action which, in the Board's discretion, is
19a detriment or impediment to horse racing or wagering.
20Beginning on the date when any organization licensee begins
21conducting gaming pursuant to an organization gaming license
22issued under the Illinois Gambling Act, the power granted to
23the Board pursuant to this subsection (l) shall authorize the
24Board to impose penalties of up to $10,000 against an
25individual and up to $25,000 against a licensee. All such
26civil penalties shall be deposited into the Horse Racing Fund.

 

 

SB2037- 926 -LRB102 17120 WGH 22551 b

1    (m) The Board is vested with the power to prescribe a form
2to be used by licensees as an application for employment for
3employees of each licensee.
4    (n) The Board shall have the power to issue a license to
5any county fair, or its agent, authorizing the conduct of the
6pari-mutuel system of wagering. The Board is vested with the
7full power to promulgate reasonable rules, regulations and
8conditions under which all horse race meetings licensed
9pursuant to this subsection shall be held and conducted,
10including rules, regulations and conditions for the conduct of
11the pari-mutuel system of wagering. The rules, regulations and
12conditions shall provide for the prevention of practices
13detrimental to the public interest and for the best interests
14of horse racing, and shall prescribe penalties for violations
15thereof. Any authority granted the Board under this Act shall
16extend to its jurisdiction and supervision over county fairs,
17or their agents, licensed pursuant to this subsection.
18However, the Board may waive any provision of this Act or its
19rules or regulations which would otherwise apply to such
20county fairs or their agents.
21    (o) Whenever the Board is authorized or required by law to
22consider some aspect of criminal history record information
23for the purpose of carrying out its statutory powers and
24responsibilities, then, upon request and payment of fees in
25conformance with the requirements of Section 2605-400 of the
26Illinois Department of State Police Law (20 ILCS

 

 

SB2037- 927 -LRB102 17120 WGH 22551 b

12605/2605-400), the Illinois Department of State Police is
2authorized to furnish, pursuant to positive identification,
3such information contained in State files as is necessary to
4fulfill the request.
5    (p) To insure the convenience, comfort, and wagering
6accessibility of race track patrons, to provide for the
7maximization of State revenue, and to generate increases in
8purse allotments to the horsemen, the Board shall require any
9licensee to staff the pari-mutuel department with adequate
10personnel.
11(Source: P.A. 101-31, eff. 6-28-19.)
 
12    (230 ILCS 5/15)  (from Ch. 8, par. 37-15)
13    Sec. 15. (a) The Board shall, in its discretion, issue
14occupation licenses to horse owners, trainers, harness
15drivers, jockeys, agents, apprentices, grooms, stable foremen,
16exercise persons, veterinarians, valets, blacksmiths,
17concessionaires and others designated by the Board whose work,
18in whole or in part, is conducted upon facilities within the
19State. Such occupation licenses will be obtained prior to the
20persons engaging in their vocation upon such facilities. The
21Board shall not license pari-mutuel clerks, parking
22attendants, security guards and employees of concessionaires.
23No occupation license shall be required of any person who
24works at facilities within this State as a pari-mutuel clerk,
25parking attendant, security guard or as an employee of a

 

 

SB2037- 928 -LRB102 17120 WGH 22551 b

1concessionaire. Concessionaires of the Illinois State Fair and
2DuQuoin State Fair and employees of the Illinois Department of
3Agriculture shall not be required to obtain an occupation
4license by the Board.
5    (b) Each application for an occupation license shall be on
6forms prescribed by the Board. Such license, when issued,
7shall be for the period ending December 31 of each year, except
8that the Board in its discretion may grant 3-year licenses.
9The application shall be accompanied by a fee of not more than
10$25 per year or, in the case of 3-year occupation license
11applications, a fee of not more than $60. Each applicant shall
12set forth in the application his full name and address, and if
13he had been issued prior occupation licenses or has been
14licensed in any other state under any other name, such name,
15his age, whether or not a permit or license issued to him in
16any other state has been suspended or revoked and if so whether
17such suspension or revocation is in effect at the time of the
18application, and such other information as the Board may
19require. Fees for registration of stable names shall not
20exceed $50.00. Beginning on the date when any organization
21licensee begins conducting gaming pursuant to an organization
22gaming license issued under the Illinois Gambling Act, the fee
23for registration of stable names shall not exceed $150, and
24the application fee for an occupation license shall not exceed
25$75, per year or, in the case of a 3-year occupation license
26application, the fee shall not exceed $180.

 

 

SB2037- 929 -LRB102 17120 WGH 22551 b

1    (c) The Board may in its discretion refuse an occupation
2license to any person:
3        (1) who has been convicted of a crime;
4        (2) who is unqualified to perform the duties required
5    of such applicant;
6        (3) who fails to disclose or states falsely any
7    information called for in the application;
8        (4) who has been found guilty of a violation of this
9    Act or of the rules and regulations of the Board; or
10        (5) whose license or permit has been suspended,
11    revoked or denied for just cause in any other state.
12    (d) The Board may suspend or revoke any occupation
13license:
14        (1) for violation of any of the provisions of this
15    Act; or
16        (2) for violation of any of the rules or regulations
17    of the Board; or
18        (3) for any cause which, if known to the Board, would
19    have justified the Board in refusing to issue such
20    occupation license; or
21        (4) for any other just cause.
22    (e)   Each applicant shall submit his or her fingerprints
23to the Illinois Department of State Police in the form and
24manner prescribed by the Illinois Department of State Police.
25These fingerprints shall be checked against the fingerprint
26records now and hereafter filed in the Illinois Department of

 

 

SB2037- 930 -LRB102 17120 WGH 22551 b

1State Police and Federal Bureau of Investigation criminal
2history records databases. The Illinois Department of State
3Police shall charge a fee for conducting the criminal history
4records check, which shall be deposited in the State Police
5Services Fund and shall not exceed the actual cost of the
6records check. The Illinois Department of State Police shall
7furnish, pursuant to positive identification, records of
8conviction to the Board. Each applicant for licensure shall
9submit with his occupation license application, on forms
10provided by the Board, 2 sets of his fingerprints. All such
11applicants shall appear in person at the location designated
12by the Board for the purpose of submitting such sets of
13fingerprints; however, with the prior approval of a State
14steward, an applicant may have such sets of fingerprints taken
15by an official law enforcement agency and submitted to the
16Board.
17    (f) The Board may, in its discretion, issue an occupation
18license without submission of fingerprints if an applicant has
19been duly licensed in another recognized racing jurisdiction
20after submitting fingerprints that were subjected to a Federal
21Bureau of Investigation criminal history background check in
22that jurisdiction.
23    (g) Beginning on the date when any organization licensee
24begins conducting gaming pursuant to an organization gaming
25license issued under the Illinois Gambling Act, the Board may
26charge each applicant a reasonable nonrefundable fee to defray

 

 

SB2037- 931 -LRB102 17120 WGH 22551 b

1the costs associated with the background investigation
2conducted by the Board. This fee shall be exclusive of any
3other fee or fees charged in connection with an application
4for and, if applicable, the issuance of, an organization
5gaming license. If the costs of the investigation exceed the
6amount of the fee charged, the Board shall immediately notify
7the applicant of the additional amount owed, payment of which
8must be submitted to the Board within 7 days after such
9notification. All information, records, interviews, reports,
10statements, memoranda, or other data supplied to or used by
11the Board in the course of its review or investigation of an
12applicant for a license or renewal under this Act shall be
13privileged, strictly confidential, and shall be used only for
14the purpose of evaluating an applicant for a license or a
15renewal. Such information, records, interviews, reports,
16statements, memoranda, or other data shall not be admissible
17as evidence, nor discoverable, in any action of any kind in any
18court or before any tribunal, board, agency, or person, except
19for any action deemed necessary by the Board.
20(Source: P.A. 101-31, eff. 6-28-19.)
 
21    (230 ILCS 5/28)  (from Ch. 8, par. 37-28)
22    Sec. 28. Except as provided in subsection (g) of Section
2327 of this Act, moneys collected shall be distributed
24according to the provisions of this Section 28.
25    (a) Thirty per cent of the total of all monies received by

 

 

SB2037- 932 -LRB102 17120 WGH 22551 b

1the State as privilege taxes shall be paid into the
2Metropolitan Exposition, Auditorium and Office Building Fund
3in the State Treasury.
4    (b) In addition, 4.5% of the total of all monies received
5by the State as privilege taxes shall be paid into the State
6treasury into a special Fund to be known as the Metropolitan
7Exposition, Auditorium and Office Building Fund.
8    (c) Fifty per cent of the total of all monies received by
9the State as privilege taxes under the provisions of this Act
10shall be paid into the Agricultural Premium Fund.
11    (d) Seven per cent of the total of all monies received by
12the State as privilege taxes shall be paid into the Fair and
13Exposition Fund in the State treasury; provided, however, that
14when all bonds issued prior to July 1, 1984 by the Metropolitan
15Fair and Exposition Authority shall have been paid or payment
16shall have been provided for upon a refunding of those bonds,
17thereafter 1/12 of $1,665,662 of such monies shall be paid
18each month into the Build Illinois Fund, and the remainder
19into the Fair and Exposition Fund. All excess monies shall be
20allocated to the Department of Agriculture for distribution to
21county fairs for premiums and rehabilitation as set forth in
22the Agricultural Fair Act.
23    (e) The monies provided for in Section 30 shall be paid
24into the Illinois Thoroughbred Breeders Fund.
25    (f) The monies provided for in Section 31 shall be paid
26into the Illinois Standardbred Breeders Fund.

 

 

SB2037- 933 -LRB102 17120 WGH 22551 b

1    (g) Until January 1, 2000, that part representing 1/2 of
2the total breakage in Thoroughbred, Harness, Appaloosa,
3Arabian, and Quarter Horse racing in the State shall be paid
4into the Illinois Race Track Improvement Fund as established
5in Section 32.
6    (h) All other monies received by the Board under this Act
7shall be paid into the Horse Racing Fund.
8    (i) The salaries of the Board members, secretary,
9stewards, directors of mutuels, veterinarians,
10representatives, accountants, clerks, stenographers,
11inspectors and other employees of the Board, and all expenses
12of the Board incident to the administration of this Act,
13including, but not limited to, all expenses and salaries
14incident to the taking of saliva and urine samples in
15accordance with the rules and regulations of the Board shall
16be paid out of the Agricultural Premium Fund.
17    (j) The Agricultural Premium Fund shall also be used:
18        (1) for the expenses of operating the Illinois State
19    Fair and the DuQuoin State Fair, including the payment of
20    prize money or premiums;
21        (2) for the distribution to county fairs, vocational
22    agriculture section fairs, agricultural societies, and
23    agricultural extension clubs in accordance with the
24    Agricultural Fair Act, as amended;
25        (3) for payment of prize monies and premiums awarded
26    and for expenses incurred in connection with the

 

 

SB2037- 934 -LRB102 17120 WGH 22551 b

1    International Livestock Exposition and the Mid-Continent
2    Livestock Exposition held in Illinois, which premiums, and
3    awards must be approved, and paid by the Illinois
4    Department of Agriculture;
5        (4) for personal service of county agricultural
6    advisors and county home advisors;
7        (5) for distribution to agricultural home economic
8    extension councils in accordance with "An Act in relation
9    to additional support and finance for the Agricultural and
10    Home Economic Extension Councils in the several counties
11    in this State and making an appropriation therefor",
12    approved July 24, 1967, as amended;
13        (6) for research on equine disease, including a
14    development center therefor;
15        (7) for training scholarships for study on equine
16    diseases to students at the University of Illinois College
17    of Veterinary Medicine;
18        (8) for the rehabilitation, repair and maintenance of
19    the Illinois and DuQuoin State Fair Grounds and the
20    structures and facilities thereon and the construction of
21    permanent improvements on such Fair Grounds, including
22    such structures, facilities and property located on such
23    State Fair Grounds which are under the custody and control
24    of the Department of Agriculture;
25        (9) (blank);
26        (10) for the expenses of the Department of Commerce

 

 

SB2037- 935 -LRB102 17120 WGH 22551 b

1    and Economic Opportunity under Sections 605-620, 605-625,
2    and 605-630 of the Department of Commerce and Economic
3    Opportunity Law (20 ILCS 605/605-620, 605/605-625, and
4    605/605-630);
5        (11) for remodeling, expanding, and reconstructing
6    facilities destroyed by fire of any Fair and Exposition
7    Authority in counties with a population of 1,000,000 or
8    more inhabitants;
9        (12) for the purpose of assisting in the care and
10    general rehabilitation of veterans with disabilities of
11    any war and their surviving spouses and orphans;
12        (13) for expenses of the Illinois Department of State
13    Police for duties performed under this Act;
14        (14) for the Department of Agriculture for soil
15    surveys and soil and water conservation purposes;
16        (15) for the Department of Agriculture for grants to
17    the City of Chicago for conducting the Chicagofest;
18        (16) for the State Comptroller for grants and
19    operating expenses authorized by the Illinois Global
20    Partnership Act.
21    (k) To the extent that monies paid by the Board to the
22Agricultural Premium Fund are in the opinion of the Governor
23in excess of the amount necessary for the purposes herein
24stated, the Governor shall notify the Comptroller and the
25State Treasurer of such fact, who, upon receipt of such
26notification, shall transfer such excess monies from the

 

 

SB2037- 936 -LRB102 17120 WGH 22551 b

1Agricultural Premium Fund to the General Revenue Fund.
2(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
3100-110, eff. 8-15-17; 100-863, eff. 8-14-18.)
 
4    (230 ILCS 5/34)  (from Ch. 8, par. 37-34)
5    Sec. 34. (a) The Illinois Department of State Police shall
6enforce the racing statutes of the State and provide
7investigative services during all horse racing meetings
8conducted in this State. Each licensee shall provide and
9maintain his own security personnel.
10    (b) Each licensee shall submit a request for the
11investigative services to the Illinois Department of State
12Police. The Illinois Department of State Police shall
13determine each licensee's pro rata share of the Department's
14expenses for investigative services rendered to race tracks on
15a fiscal year basis, and bill each licensee, except the
16Illinois Department of Agriculture or their contractor, for
17such expenses. Upon receipt of such billing, the licensee
18shall pay the amount billed into the Agricultural Premium
19Fund. It shall be the duty of the General Assembly in
20subsequent years to review the operation of the Illinois
21Department of State Police and make consistent increases or,
22if the situation necessitates, decreases in the number of
23personnel necessary in order to fully assure that the Illinois
24Department of State Police is at such a strength as to
25effectively carry out the purposes of this Act.

 

 

SB2037- 937 -LRB102 17120 WGH 22551 b

1(Source: P.A. 89-16, eff. 5-30-95.)
 
2    (230 ILCS 5/45)  (from Ch. 8, par. 37-45)
3    Sec. 45. It shall be the duty of the Attorney General and
4the various State's attorneys in this State in cooperation
5with the Illinois Department of State Police to enforce this
6Act. The Governor may, upon request of the Illinois Department
7of State Police, order the law enforcing officers of the
8various cities and counties to assign a sufficient number of
9deputies to aid members of the Illinois Department of State
10Police in preventing horse racing at any track within the
11respective jurisdiction of such cities or counties an
12organization license for which has been refused, suspended or
13revoked by the Board. The Governor may similarly assign such
14deputies to aid the Illinois Department of State Police when,
15by his determination, additional forces are needed to preserve
16the health, welfare or safety of any person or animal within
17the grounds of any race track in the State.
18(Source: P.A. 84-25.)
 
19    Section 700. The Illinois Gambling Act is amended by
20changing Sections 5, 6, 7.7, 9, 11, 13, and 22 as follows:
 
21    (230 ILCS 10/5)  (from Ch. 120, par. 2405)
22    Sec. 5. Gaming Board.
23    (a) (1) There is hereby established the Illinois Gaming

 

 

SB2037- 938 -LRB102 17120 WGH 22551 b

1Board, which shall have the powers and duties specified in
2this Act, and all other powers necessary and proper to fully
3and effectively execute this Act for the purpose of
4administering, regulating, and enforcing the system of
5riverboat and casino gambling established by this Act and
6gaming pursuant to an organization gaming license issued under
7this Act. Its jurisdiction shall extend under this Act to
8every person, association, corporation, partnership and trust
9involved in riverboat and casino gambling operations and
10gaming pursuant to an organization gaming license issued under
11this Act in the State of Illinois.
12    (2) The Board shall consist of 5 members to be appointed by
13the Governor with the advice and consent of the Senate, one of
14whom shall be designated by the Governor to be chairperson.
15Each member shall have a reasonable knowledge of the practice,
16procedure and principles of gambling operations. Each member
17shall either be a resident of Illinois or shall certify that he
18or she will become a resident of Illinois before taking
19office.
20    On and after the effective date of this amendatory Act of
21the 101st General Assembly, new appointees to the Board must
22include the following:
23        (A) One member who has received, at a minimum, a
24    bachelor's degree from an accredited school and at least
25    10 years of verifiable experience in the fields of
26    investigation and law enforcement.

 

 

SB2037- 939 -LRB102 17120 WGH 22551 b

1        (B) One member who is a certified public accountant
2    with experience in auditing and with knowledge of complex
3    corporate structures and transactions.
4        (C) One member who has 5 years' experience as a
5    principal, senior officer, or director of a company or
6    business with either material responsibility for the daily
7    operations and management of the overall company or
8    business or material responsibility for the policy making
9    of the company or business.
10        (D) One member who is an attorney licensed to practice
11    law in Illinois for at least 5 years.
12    Notwithstanding any provision of this subsection (a), the
13requirements of subparagraphs (A) through (D) of this
14paragraph (2) shall not apply to any person reappointed
15pursuant to paragraph (3).
16    No more than 3 members of the Board may be from the same
17political party. No Board member shall, within a period of one
18year immediately preceding nomination, have been employed or
19received compensation or fees for services from a person or
20entity, or its parent or affiliate, that has engaged in
21business with the Board, a licensee, or a licensee under the
22Illinois Horse Racing Act of 1975. Board members must publicly
23disclose all prior affiliations with gaming interests,
24including any compensation, fees, bonuses, salaries, and other
25reimbursement received from a person or entity, or its parent
26or affiliate, that has engaged in business with the Board, a

 

 

SB2037- 940 -LRB102 17120 WGH 22551 b

1licensee, or a licensee under the Illinois Horse Racing Act of
21975. This disclosure must be made within 30 days after
3nomination but prior to confirmation by the Senate and must be
4made available to the members of the Senate.
5    (3) The terms of office of the Board members shall be 3
6years, except that the terms of office of the initial Board
7members appointed pursuant to this Act will commence from the
8effective date of this Act and run as follows: one for a term
9ending July 1, 1991, 2 for a term ending July 1, 1992, and 2
10for a term ending July 1, 1993. Upon the expiration of the
11foregoing terms, the successors of such members shall serve a
12term for 3 years and until their successors are appointed and
13qualified for like terms. Vacancies in the Board shall be
14filled for the unexpired term in like manner as original
15appointments. Each member of the Board shall be eligible for
16reappointment at the discretion of the Governor with the
17advice and consent of the Senate.
18    (4) Each member of the Board shall receive $300 for each
19day the Board meets and for each day the member conducts any
20hearing pursuant to this Act. Each member of the Board shall
21also be reimbursed for all actual and necessary expenses and
22disbursements incurred in the execution of official duties.
23    (5) No person shall be appointed a member of the Board or
24continue to be a member of the Board who is, or whose spouse,
25child or parent is, a member of the board of directors of, or a
26person financially interested in, any gambling operation

 

 

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1subject to the jurisdiction of this Board, or any race track,
2race meeting, racing association or the operations thereof
3subject to the jurisdiction of the Illinois Racing Board. No
4Board member shall hold any other public office. No person
5shall be a member of the Board who is not of good moral
6character or who has been convicted of, or is under indictment
7for, a felony under the laws of Illinois or any other state, or
8the United States.
9    (5.5) No member of the Board shall engage in any political
10activity. For the purposes of this Section, "political" means
11any activity in support of or in connection with any campaign
12for federal, State, or local elective office or any political
13organization, but does not include activities (i) relating to
14the support or opposition of any executive, legislative, or
15administrative action (as those terms are defined in Section 2
16of the Lobbyist Registration Act), (ii) relating to collective
17bargaining, or (iii) that are otherwise in furtherance of the
18person's official State duties or governmental and public
19service functions.
20    (6) Any member of the Board may be removed by the Governor
21for neglect of duty, misfeasance, malfeasance, or nonfeasance
22in office or for engaging in any political activity.
23    (7) Before entering upon the discharge of the duties of
24his office, each member of the Board shall take an oath that he
25will faithfully execute the duties of his office according to
26the laws of the State and the rules and regulations adopted

 

 

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1therewith and shall give bond to the State of Illinois,
2approved by the Governor, in the sum of $25,000. Every such
3bond, when duly executed and approved, shall be recorded in
4the office of the Secretary of State. Whenever the Governor
5determines that the bond of any member of the Board has become
6or is likely to become invalid or insufficient, he shall
7require such member forthwith to renew his bond, which is to be
8approved by the Governor. Any member of the Board who fails to
9take oath and give bond within 30 days from the date of his
10appointment, or who fails to renew his bond within 30 days
11after it is demanded by the Governor, shall be guilty of
12neglect of duty and may be removed by the Governor. The cost of
13any bond given by any member of the Board under this Section
14shall be taken to be a part of the necessary expenses of the
15Board.
16    (7.5) For the examination of all mechanical,
17electromechanical, or electronic table games, slot machines,
18slot accounting systems, sports wagering systems, and other
19electronic gaming equipment, and the field inspection of such
20systems, games, and machines, for compliance with this Act,
21the Board shall utilize the services of independent outside
22testing laboratories that have been accredited in accordance
23with ISO/IEC 17025 by an accreditation body that is a
24signatory to the International Laboratory Accreditation
25Cooperation Mutual Recognition Agreement signifying they are
26qualified to perform such examinations. Notwithstanding any

 

 

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1law to the contrary, the Board shall consider the licensing of
2independent outside testing laboratory applicants in
3accordance with procedures established by the Board by rule.
4The Board shall not withhold its approval of an independent
5outside testing laboratory license applicant that has been
6accredited as required under this paragraph (7.5) and is
7licensed in gaming jurisdictions comparable to Illinois. Upon
8the finalization of required rules, the Board shall license
9independent testing laboratories and accept the test reports
10of any licensed testing laboratory of the system's, game's, or
11machine manufacturer's choice, notwithstanding the existence
12of contracts between the Board and any independent testing
13laboratory.
14    (8) The Board shall employ such personnel as may be
15necessary to carry out its functions and shall determine the
16salaries of all personnel, except those personnel whose
17salaries are determined under the terms of a collective
18bargaining agreement. No person shall be employed to serve the
19Board who is, or whose spouse, parent or child is, an official
20of, or has a financial interest in or financial relation with,
21any operator engaged in gambling operations within this State
22or any organization engaged in conducting horse racing within
23this State. For the one year immediately preceding employment,
24an employee shall not have been employed or received
25compensation or fees for services from a person or entity, or
26its parent or affiliate, that has engaged in business with the

 

 

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1Board, a licensee, or a licensee under the Illinois Horse
2Racing Act of 1975. Any employee violating these prohibitions
3shall be subject to termination of employment.
4    (9) An Administrator shall perform any and all duties that
5the Board shall assign him. The salary of the Administrator
6shall be determined by the Board and, in addition, he shall be
7reimbursed for all actual and necessary expenses incurred by
8him in discharge of his official duties. The Administrator
9shall keep records of all proceedings of the Board and shall
10preserve all records, books, documents and other papers
11belonging to the Board or entrusted to its care. The
12Administrator shall devote his full time to the duties of the
13office and shall not hold any other office or employment.
14    (b) The Board shall have general responsibility for the
15implementation of this Act. Its duties include, without
16limitation, the following:
17        (1) To decide promptly and in reasonable order all
18    license applications. Any party aggrieved by an action of
19    the Board denying, suspending, revoking, restricting or
20    refusing to renew a license may request a hearing before
21    the Board. A request for a hearing must be made to the
22    Board in writing within 5 days after service of notice of
23    the action of the Board. Notice of the action of the Board
24    shall be served either by personal delivery or by
25    certified mail, postage prepaid, to the aggrieved party.
26    Notice served by certified mail shall be deemed complete

 

 

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1    on the business day following the date of such mailing.
2    The Board shall conduct any such hearings promptly and in
3    reasonable order;
4        (2) To conduct all hearings pertaining to civil
5    violations of this Act or rules and regulations
6    promulgated hereunder;
7        (3) To promulgate such rules and regulations as in its
8    judgment may be necessary to protect or enhance the
9    credibility and integrity of gambling operations
10    authorized by this Act and the regulatory process
11    hereunder;
12        (4) To provide for the establishment and collection of
13    all license and registration fees and taxes imposed by
14    this Act and the rules and regulations issued pursuant
15    hereto. All such fees and taxes shall be deposited into
16    the State Gaming Fund;
17        (5) To provide for the levy and collection of
18    penalties and fines for the violation of provisions of
19    this Act and the rules and regulations promulgated
20    hereunder. All such fines and penalties shall be deposited
21    into the Education Assistance Fund, created by Public Act
22    86-0018, of the State of Illinois;
23        (6) To be present through its inspectors and agents
24    any time gambling operations are conducted on any
25    riverboat, in any casino, or at any organization gaming
26    facility for the purpose of certifying the revenue

 

 

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1    thereof, receiving complaints from the public, and
2    conducting such other investigations into the conduct of
3    the gambling games and the maintenance of the equipment as
4    from time to time the Board may deem necessary and proper;
5        (7) To review and rule upon any complaint by a
6    licensee regarding any investigative procedures of the
7    State which are unnecessarily disruptive of gambling
8    operations. The need to inspect and investigate shall be
9    presumed at all times. The disruption of a licensee's
10    operations shall be proved by clear and convincing
11    evidence, and establish that: (A) the procedures had no
12    reasonable law enforcement purposes, and (B) the
13    procedures were so disruptive as to unreasonably inhibit
14    gambling operations;
15        (8) To hold at least one meeting each quarter of the
16    fiscal year. In addition, special meetings may be called
17    by the Chairman or any 2 Board members upon 72 hours
18    written notice to each member. All Board meetings shall be
19    subject to the Open Meetings Act. Three members of the
20    Board shall constitute a quorum, and 3 votes shall be
21    required for any final determination by the Board. The
22    Board shall keep a complete and accurate record of all its
23    meetings. A majority of the members of the Board shall
24    constitute a quorum for the transaction of any business,
25    for the performance of any duty, or for the exercise of any
26    power which this Act requires the Board members to

 

 

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1    transact, perform or exercise en banc, except that, upon
2    order of the Board, one of the Board members or an
3    administrative law judge designated by the Board may
4    conduct any hearing provided for under this Act or by
5    Board rule and may recommend findings and decisions to the
6    Board. The Board member or administrative law judge
7    conducting such hearing shall have all powers and rights
8    granted to the Board in this Act. The record made at the
9    time of the hearing shall be reviewed by the Board, or a
10    majority thereof, and the findings and decision of the
11    majority of the Board shall constitute the order of the
12    Board in such case;
13        (9) To maintain records which are separate and
14    distinct from the records of any other State board or
15    commission. Such records shall be available for public
16    inspection and shall accurately reflect all Board
17    proceedings;
18        (10) To file a written annual report with the Governor
19    on or before July 1 each year and such additional reports
20    as the Governor may request. The annual report shall
21    include a statement of receipts and disbursements by the
22    Board, actions taken by the Board, and any additional
23    information and recommendations which the Board may deem
24    valuable or which the Governor may request;
25        (11) (Blank);
26        (12) (Blank);

 

 

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1        (13) To assume responsibility for administration and
2    enforcement of the Video Gaming Act;
3        (13.1) To assume responsibility for the administration
4    and enforcement of operations at organization gaming
5    facilities pursuant to this Act and the Illinois Horse
6    Racing Act of 1975;
7        (13.2) To assume responsibility for the administration
8    and enforcement of the Sports Wagering Act; and
9        (14) To adopt, by rule, a code of conduct governing
10    Board members and employees that ensure, to the maximum
11    extent possible, that persons subject to this Code avoid
12    situations, relationships, or associations that may
13    represent or lead to a conflict of interest.
14    Internal controls and changes submitted by licensees must
15be reviewed and either approved or denied with cause within 90
16days after receipt of submission is deemed final by the
17Illinois Gaming Board. In the event an internal control
18submission or change does not meet the standards set by the
19Board, staff of the Board must provide technical assistance to
20the licensee to rectify such deficiencies within 90 days after
21the initial submission and the revised submission must be
22reviewed and approved or denied with cause within 90 days
23after the date the revised submission is deemed final by the
24Board. For the purposes of this paragraph, "with cause" means
25that the approval of the submission would jeopardize the
26integrity of gaming. In the event the Board staff has not acted

 

 

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1within the timeframe, the submission shall be deemed approved.
2    (c) The Board shall have jurisdiction over and shall
3supervise all gambling operations governed by this Act. The
4Board shall have all powers necessary and proper to fully and
5effectively execute the provisions of this Act, including, but
6not limited to, the following:
7        (1) To investigate applicants and determine the
8    eligibility of applicants for licenses and to select among
9    competing applicants the applicants which best serve the
10    interests of the citizens of Illinois.
11        (2) To have jurisdiction and supervision over all
12    riverboat gambling operations authorized under this Act
13    and all persons in places where gambling operations are
14    conducted.
15        (3) To promulgate rules and regulations for the
16    purpose of administering the provisions of this Act and to
17    prescribe rules, regulations and conditions under which
18    all gambling operations subject to this Act shall be
19    conducted. Such rules and regulations are to provide for
20    the prevention of practices detrimental to the public
21    interest and for the best interests of riverboat gambling,
22    including rules and regulations regarding the inspection
23    of organization gaming facilities, casinos, and
24    riverboats, and the review of any permits or licenses
25    necessary to operate a riverboat, casino, or organization
26    gaming facility under any laws or regulations applicable

 

 

SB2037- 950 -LRB102 17120 WGH 22551 b

1    to riverboats, casinos, or organization gaming facilities
2    and to impose penalties for violations thereof.
3        (4) To enter the office, riverboats, casinos,
4    organization gaming facilities, and other facilities, or
5    other places of business of a licensee, where evidence of
6    the compliance or noncompliance with the provisions of
7    this Act is likely to be found.
8        (5) To investigate alleged violations of this Act or
9    the rules of the Board and to take appropriate
10    disciplinary action against a licensee or a holder of an
11    occupational license for a violation, or institute
12    appropriate legal action for enforcement, or both.
13        (6) To adopt standards for the licensing of all
14    persons and entities under this Act, as well as for
15    electronic or mechanical gambling games, and to establish
16    fees for such licenses.
17        (7) To adopt appropriate standards for all
18    organization gaming facilities, riverboats, casinos, and
19    other facilities authorized under this Act.
20        (8) To require that the records, including financial
21    or other statements of any licensee under this Act, shall
22    be kept in such manner as prescribed by the Board and that
23    any such licensee involved in the ownership or management
24    of gambling operations submit to the Board an annual
25    balance sheet and profit and loss statement, list of the
26    stockholders or other persons having a 1% or greater

 

 

SB2037- 951 -LRB102 17120 WGH 22551 b

1    beneficial interest in the gambling activities of each
2    licensee, and any other information the Board deems
3    necessary in order to effectively administer this Act and
4    all rules, regulations, orders and final decisions
5    promulgated under this Act.
6        (9) To conduct hearings, issue subpoenas for the
7    attendance of witnesses and subpoenas duces tecum for the
8    production of books, records and other pertinent documents
9    in accordance with the Illinois Administrative Procedure
10    Act, and to administer oaths and affirmations to the
11    witnesses, when, in the judgment of the Board, it is
12    necessary to administer or enforce this Act or the Board
13    rules.
14        (10) To prescribe a form to be used by any licensee
15    involved in the ownership or management of gambling
16    operations as an application for employment for their
17    employees.
18        (11) To revoke or suspend licenses, as the Board may
19    see fit and in compliance with applicable laws of the
20    State regarding administrative procedures, and to review
21    applications for the renewal of licenses. The Board may
22    suspend an owners license or an organization gaming
23    license without notice or hearing upon a determination
24    that the safety or health of patrons or employees is
25    jeopardized by continuing a gambling operation conducted
26    under that license. The suspension may remain in effect

 

 

SB2037- 952 -LRB102 17120 WGH 22551 b

1    until the Board determines that the cause for suspension
2    has been abated. The Board may revoke an owners license or
3    organization gaming license upon a determination that the
4    licensee has not made satisfactory progress toward abating
5    the hazard.
6        (12) To eject or exclude or authorize the ejection or
7    exclusion of, any person from gambling facilities where
8    that person is in violation of this Act, rules and
9    regulations thereunder, or final orders of the Board, or
10    where such person's conduct or reputation is such that his
11    or her presence within the gambling facilities may, in the
12    opinion of the Board, call into question the honesty and
13    integrity of the gambling operations or interfere with the
14    orderly conduct thereof; provided that the propriety of
15    such ejection or exclusion is subject to subsequent
16    hearing by the Board.
17        (13) To require all licensees of gambling operations
18    to utilize a cashless wagering system whereby all players'
19    money is converted to tokens, electronic cards, or chips
20    which shall be used only for wagering in the gambling
21    establishment.
22        (14) (Blank).
23        (15) To suspend, revoke or restrict licenses, to
24    require the removal of a licensee or an employee of a
25    licensee for a violation of this Act or a Board rule or for
26    engaging in a fraudulent practice, and to impose civil

 

 

SB2037- 953 -LRB102 17120 WGH 22551 b

1    penalties of up to $5,000 against individuals and up to
2    $10,000 or an amount equal to the daily gross receipts,
3    whichever is larger, against licensees for each violation
4    of any provision of the Act, any rules adopted by the
5    Board, any order of the Board or any other action which, in
6    the Board's discretion, is a detriment or impediment to
7    gambling operations.
8        (16) To hire employees to gather information, conduct
9    investigations and carry out any other tasks contemplated
10    under this Act.
11        (17) To establish minimum levels of insurance to be
12    maintained by licensees.
13        (18) To authorize a licensee to sell or serve
14    alcoholic liquors, wine or beer as defined in the Liquor
15    Control Act of 1934 on board a riverboat or in a casino and
16    to have exclusive authority to establish the hours for
17    sale and consumption of alcoholic liquor on board a
18    riverboat or in a casino, notwithstanding any provision of
19    the Liquor Control Act of 1934 or any local ordinance, and
20    regardless of whether the riverboat makes excursions. The
21    establishment of the hours for sale and consumption of
22    alcoholic liquor on board a riverboat or in a casino is an
23    exclusive power and function of the State. A home rule
24    unit may not establish the hours for sale and consumption
25    of alcoholic liquor on board a riverboat or in a casino.
26    This subdivision (18) is a denial and limitation of home

 

 

SB2037- 954 -LRB102 17120 WGH 22551 b

1    rule powers and functions under subsection (h) of Section
2    6 of Article VII of the Illinois Constitution.
3        (19) After consultation with the U.S. Army Corps of
4    Engineers, to establish binding emergency orders upon the
5    concurrence of a majority of the members of the Board
6    regarding the navigability of water, relative to
7    excursions, in the event of extreme weather conditions,
8    acts of God or other extreme circumstances.
9        (20) To delegate the execution of any of its powers
10    under this Act for the purpose of administering and
11    enforcing this Act and the rules adopted by the Board.
12        (20.5) To approve any contract entered into on its
13    behalf.
14        (20.6) To appoint investigators to conduct
15    investigations, searches, seizures, arrests, and other
16    duties imposed under this Act, as deemed necessary by the
17    Board. These investigators have and may exercise all of
18    the rights and powers of peace officers, provided that
19    these powers shall be limited to offenses or violations
20    occurring or committed in a casino, in an organization
21    gaming facility, or on a riverboat or dock, as defined in
22    subsections (d) and (f) of Section 4, or as otherwise
23    provided by this Act or any other law.
24        (20.7) To contract with the Illinois Department of
25    State Police for the use of trained and qualified State
26    police officers and with the Department of Revenue for the

 

 

SB2037- 955 -LRB102 17120 WGH 22551 b

1    use of trained and qualified Department of Revenue
2    investigators to conduct investigations, searches,
3    seizures, arrests, and other duties imposed under this Act
4    and to exercise all of the rights and powers of peace
5    officers, provided that the powers of Department of
6    Revenue investigators under this subdivision (20.7) shall
7    be limited to offenses or violations occurring or
8    committed in a casino, in an organization gaming facility,
9    or on a riverboat or dock, as defined in subsections (d)
10    and (f) of Section 4, or as otherwise provided by this Act
11    or any other law. In the event the Illinois Department of
12    State Police or the Department of Revenue is unable to
13    fill contracted police or investigative positions, the
14    Board may appoint investigators to fill those positions
15    pursuant to subdivision (20.6).
16        (21) To adopt rules concerning the conduct of gaming
17    pursuant to an organization gaming license issued under
18    this Act.
19        (22) To have the same jurisdiction and supervision
20    over casinos and organization gaming facilities as the
21    Board has over riverboats, including, but not limited to,
22    the power to (i) investigate, review, and approve
23    contracts as that power is applied to riverboats, (ii)
24    adopt rules for administering the provisions of this Act,
25    (iii) adopt standards for the licensing of all persons
26    involved with a casino or organization gaming facility,

 

 

SB2037- 956 -LRB102 17120 WGH 22551 b

1    (iv) investigate alleged violations of this Act by any
2    person involved with a casino or organization gaming
3    facility, and (v) require that records, including
4    financial or other statements of any casino or
5    organization gaming facility, shall be kept in such manner
6    as prescribed by the Board.
7        (23) To take any other action as may be reasonable or
8    appropriate to enforce this Act and the rules adopted by
9    the Board.
10    (d) The Board may seek and shall receive the cooperation
11of the Illinois Department of State Police in conducting
12background investigations of applicants and in fulfilling its
13responsibilities under this Section. Costs incurred by the
14Illinois Department of State Police as a result of such
15cooperation shall be paid by the Board in conformance with the
16requirements of Section 2605-400 of the Illinois Department of
17State Police Law.
18    (e) The Board must authorize to each investigator and to
19any other employee of the Board exercising the powers of a
20peace officer a distinct badge that, on its face, (i) clearly
21states that the badge is authorized by the Board and (ii)
22contains a unique identifying number. No other badge shall be
23authorized by the Board.
24(Source: P.A. 100-1152, eff. 12-14-18; 101-31, eff. 6-28-19.)
 
25    (230 ILCS 10/6)  (from Ch. 120, par. 2406)

 

 

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1    Sec. 6. Application for owners license.
2    (a) A qualified person may apply to the Board for an owners
3license to conduct a gambling operation as provided in this
4Act. The application shall be made on forms provided by the
5Board and shall contain such information as the Board
6prescribes, including but not limited to the identity of the
7riverboat on which such gambling operation is to be conducted,
8if applicable, and the exact location where such riverboat or
9casino will be located, a certification that the riverboat
10will be registered under this Act at all times during which
11gambling operations are conducted on board, detailed
12information regarding the ownership and management of the
13applicant, and detailed personal information regarding the
14applicant. Any application for an owners license to be
15re-issued on or after June 1, 2003 shall also include the
16applicant's license bid in a form prescribed by the Board.
17Information provided on the application shall be used as a
18basis for a thorough background investigation which the Board
19shall conduct with respect to each applicant. An incomplete
20application shall be cause for denial of a license by the
21Board.
22    (a-5) In addition to any other information required under
23this Section, each application for an owners license must
24include the following information:
25        (1) The history and success of the applicant and each
26    person and entity disclosed under subsection (c) of this

 

 

SB2037- 958 -LRB102 17120 WGH 22551 b

1    Section in developing tourism facilities ancillary to
2    gaming, if applicable.
3        (2) The likelihood that granting a license to the
4    applicant will lead to the creation of quality, living
5    wage jobs and permanent, full-time jobs for residents of
6    the State and residents of the unit of local government
7    that is designated as the home dock of the proposed
8    facility where gambling is to be conducted by the
9    applicant.
10        (3) The projected number of jobs that would be created
11    if the license is granted and the projected number of new
12    employees at the proposed facility where gambling is to be
13    conducted by the applicant.
14        (4) The record, if any, of the applicant and its
15    developer in meeting commitments to local agencies,
16    community-based organizations, and employees at other
17    locations where the applicant or its developer has
18    performed similar functions as they would perform if the
19    applicant were granted a license.
20        (5) Identification of adverse effects that might be
21    caused by the proposed facility where gambling is to be
22    conducted by the applicant, including the costs of meeting
23    increased demand for public health care, child care,
24    public transportation, affordable housing, and social
25    services, and a plan to mitigate those adverse effects.
26        (6) The record, if any, of the applicant and its

 

 

SB2037- 959 -LRB102 17120 WGH 22551 b

1    developer regarding compliance with:
2            (A) federal, state, and local discrimination, wage
3        and hour, disability, and occupational and
4        environmental health and safety laws; and
5            (B) state and local labor relations and employment
6        laws.
7        (7) The applicant's record, if any, in dealing with
8    its employees and their representatives at other
9    locations.
10        (8) A plan concerning the utilization of
11    minority-owned and women-owned businesses and concerning
12    the hiring of minorities and women.
13        (9) Evidence the applicant used its best efforts to
14    reach a goal of 25% ownership representation by minority
15    persons and 5% ownership representation by women.
16    (b) Applicants shall submit with their application all
17documents, resolutions, and letters of support from the
18governing body that represents the municipality or county
19wherein the licensee will be located.
20    (c) Each applicant shall disclose the identity of every
21person or entity having a greater than 1% direct or indirect
22pecuniary interest in the gambling operation with respect to
23which the license is sought. If the disclosed entity is a
24trust, the application shall disclose the names and addresses
25of all beneficiaries; if a corporation, the names and
26addresses of all stockholders and directors; if a partnership,

 

 

SB2037- 960 -LRB102 17120 WGH 22551 b

1the names and addresses of all partners, both general and
2limited.
3    (d) An application shall be filed and considered in
4accordance with the rules of the Board. Each application shall
5be accompanied by a nonrefundable application fee of $250,000.
6In addition, a nonrefundable fee of $50,000 shall be paid at
7the time of filing to defray the costs associated with the
8background investigation conducted by the Board. If the costs
9of the investigation exceed $50,000, the applicant shall pay
10the additional amount to the Board within 7 days after
11requested by the Board. If the costs of the investigation are
12less than $50,000, the applicant shall receive a refund of the
13remaining amount. All information, records, interviews,
14reports, statements, memoranda or other data supplied to or
15used by the Board in the course of its review or investigation
16of an application for a license or a renewal under this Act
17shall be privileged, strictly confidential and shall be used
18only for the purpose of evaluating an applicant for a license
19or a renewal. Such information, records, interviews, reports,
20statements, memoranda or other data shall not be admissible as
21evidence, nor discoverable in any action of any kind in any
22court or before any tribunal, board, agency or person, except
23for any action deemed necessary by the Board. The application
24fee shall be deposited into the State Gaming Fund.
25    (e) The Board shall charge each applicant a fee set by the
26Illinois Department of State Police to defray the costs

 

 

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1associated with the search and classification of fingerprints
2obtained by the Board with respect to the applicant's
3application. These fees shall be paid into the State Police
4Services Fund. In order to expedite the application process,
5the Board may establish rules allowing applicants to acquire
6criminal background checks and financial integrity reviews as
7part of the initial application process from a list of vendors
8approved by the Board.
9    (f) The licensed owner shall be the person primarily
10responsible for the boat or casino itself. Only one gambling
11operation may be authorized by the Board on any riverboat or in
12any casino. The applicant must identify the riverboat or
13premises it intends to use and certify that the riverboat or
14premises: (1) has the authorized capacity required in this
15Act; (2) is accessible to persons with disabilities; and (3)
16is fully registered and licensed in accordance with any
17applicable laws.
18    (g) A person who knowingly makes a false statement on an
19application is guilty of a Class A misdemeanor.
20(Source: P.A. 101-31, eff. 6-28-19.)
 
21    (230 ILCS 10/7.7)
22    Sec. 7.7. Organization gaming licenses.
23    (a) The Illinois Gaming Board shall award one organization
24gaming license to each person or entity having operating
25control of a racetrack that applies under Section 56 of the

 

 

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1Illinois Horse Racing Act of 1975, subject to the application
2and eligibility requirements of this Section. Within 60 days
3after the effective date of this amendatory Act of the 101st
4General Assembly, a person or entity having operating control
5of a racetrack may submit an application for an organization
6gaming license. The application shall be made on such forms as
7provided by the Board and shall contain such information as
8the Board prescribes, including, but not limited to, the
9identity of any racetrack at which gaming will be conducted
10pursuant to an organization gaming license, detailed
11information regarding the ownership and management of the
12applicant, and detailed personal information regarding the
13applicant. The application shall specify the number of gaming
14positions the applicant intends to use and the place where the
15organization gaming facility will operate. A person who
16knowingly makes a false statement on an application is guilty
17of a Class A misdemeanor.
18    Each applicant shall disclose the identity of every person
19or entity having a direct or indirect pecuniary interest
20greater than 1% in any racetrack with respect to which the
21license is sought. If the disclosed entity is a corporation,
22the applicant shall disclose the names and addresses of all
23officers, stockholders, and directors. If the disclosed entity
24is a limited liability company, the applicant shall disclose
25the names and addresses of all members and managers. If the
26disclosed entity is a partnership, the applicant shall

 

 

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1disclose the names and addresses of all partners, both general
2and limited. If the disclosed entity is a trust, the applicant
3shall disclose the names and addresses of all beneficiaries.
4    An application shall be filed and considered in accordance
5with the rules of the Board. Each application for an
6organization gaming license shall include a nonrefundable
7application fee of $250,000. In addition, a nonrefundable fee
8of $50,000 shall be paid at the time of filing to defray the
9costs associated with background investigations conducted by
10the Board. If the costs of the background investigation exceed
11$50,000, the applicant shall pay the additional amount to the
12Board within 7 days after a request by the Board. If the costs
13of the investigation are less than $50,000, the applicant
14shall receive a refund of the remaining amount. All
15information, records, interviews, reports, statements,
16memoranda, or other data supplied to or used by the Board in
17the course of this review or investigation of an applicant for
18an organization gaming license under this Act shall be
19privileged and strictly confidential and shall be used only
20for the purpose of evaluating an applicant for an organization
21gaming license or a renewal. Such information, records,
22interviews, reports, statements, memoranda, or other data
23shall not be admissible as evidence nor discoverable in any
24action of any kind in any court or before any tribunal, board,
25agency or person, except for any action deemed necessary by
26the Board. The application fee shall be deposited into the

 

 

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1State Gaming Fund.
2    Any applicant or key person, including the applicant's
3owners, officers, directors (if a corporation), managers and
4members (if a limited liability company), and partners (if a
5partnership), for an organization gaming license shall have
6his or her fingerprints submitted to the Illinois Department
7of State Police in an electronic format that complies with the
8form and manner for requesting and furnishing criminal history
9record information as prescribed by the Illinois Department of
10State Police. These fingerprints shall be checked against the
11Illinois Department of State Police and Federal Bureau of
12Investigation criminal history record databases now and
13hereafter filed, including, but not limited to, civil,
14criminal, and latent fingerprint databases. The Illinois
15Department of State Police shall charge applicants a fee for
16conducting the criminal history records check, which shall be
17deposited into the State Police Services Fund and shall not
18exceed the actual cost of the records check. The Illinois
19Department of State Police shall furnish, pursuant to positive
20identification, records of Illinois criminal history to the
21Illinois State Police Department.
22    (b) The Board shall determine within 120 days after
23receiving an application for an organization gaming license
24whether to grant an organization gaming license to the
25applicant. If the Board does not make a determination within
26that time period, then the Board shall give a written

 

 

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1explanation to the applicant as to why it has not reached a
2determination and when it reasonably expects to make a
3determination.
4    The organization gaming licensee shall purchase up to the
5amount of gaming positions authorized under this Act within
6120 days after receiving its organization gaming license. If
7an organization gaming licensee is prepared to purchase the
8gaming positions, but is temporarily prohibited from doing so
9by order of a court of competent jurisdiction or the Board,
10then the 120-day period is tolled until a resolution is
11reached.
12    An organization gaming license shall authorize its holder
13to conduct gaming under this Act at its racetracks on the same
14days of the year and hours of the day that owners licenses are
15allowed to operate under approval of the Board.
16    An organization gaming license and any renewal of an
17organization gaming license shall authorize gaming pursuant to
18this Section for a period of 4 years. The fee for the issuance
19or renewal of an organization gaming license shall be
20$250,000.
21    All payments by licensees under this subsection (b) shall
22be deposited into the Rebuild Illinois Projects Fund.
23    (c) To be eligible to conduct gaming under this Section, a
24person or entity having operating control of a racetrack must
25(i) obtain an organization gaming license, (ii) hold an
26organization license under the Illinois Horse Racing Act of

 

 

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11975, (iii) hold an inter-track wagering license, (iv) pay an
2initial fee of $30,000 per gaming position from organization
3gaming licensees where gaming is conducted in Cook County and,
4except as provided in subsection (c-5), $17,500 for
5organization gaming licensees where gaming is conducted
6outside of Cook County before beginning to conduct gaming plus
7make the reconciliation payment required under subsection (k),
8(v) conduct live racing in accordance with subsections (e-1),
9(e-2), and (e-3) of Section 20 of the Illinois Horse Racing Act
10of 1975, (vi) meet the requirements of subsection (a) of
11Section 56 of the Illinois Horse Racing Act of 1975, (vii) for
12organization licensees conducting standardbred race meetings,
13keep backstretch barns and dormitories open and operational
14year-round unless a lesser schedule is mutually agreed to by
15the organization licensee and the horsemen association racing
16at that organization licensee's race meeting, (viii) for
17organization licensees conducting thoroughbred race meetings,
18the organization licensee must maintain accident medical
19expense liability insurance coverage of $1,000,000 for
20jockeys, and (ix) meet all other requirements of this Act that
21apply to owners licensees.
22    An organization gaming licensee may enter into a joint
23venture with a licensed owner to own, manage, conduct, or
24otherwise operate the organization gaming licensee's
25organization gaming facilities, unless the organization gaming
26licensee has a parent company or other affiliated company that

 

 

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1is, directly or indirectly, wholly owned by a parent company
2that is also licensed to conduct organization gaming, casino
3gaming, or their equivalent in another state.
4    All payments by licensees under this subsection (c) shall
5be deposited into the Rebuild Illinois Projects Fund.
6    (c-5) A person or entity having operating control of a
7racetrack located in Madison County shall only pay the initial
8fees specified in subsection (c) for 540 of the gaming
9positions authorized under the license.
10    (d) A person or entity is ineligible to receive an
11organization gaming license if:
12        (1) the person or entity has been convicted of a
13    felony under the laws of this State, any other state, or
14    the United States, including a conviction under the
15    Racketeer Influenced and Corrupt Organizations Act;
16        (2) the person or entity has been convicted of any
17    violation of Article 28 of the Criminal Code of 2012, or
18    substantially similar laws of any other jurisdiction;
19        (3) the person or entity has submitted an application
20    for a license under this Act that contains false
21    information;
22        (4) the person is a member of the Board;
23        (5) a person defined in (1), (2), (3), or (4) of this
24    subsection (d) is an officer, director, or managerial
25    employee of the entity;
26        (6) the person or entity employs a person defined in

 

 

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1    (1), (2), (3), or (4) of this subsection (d) who
2    participates in the management or operation of gambling
3    operations authorized under this Act; or
4        (7) a license of the person or entity issued under
5    this Act or a license to own or operate gambling
6    facilities in any other jurisdiction has been revoked.
7    (e) The Board may approve gaming positions pursuant to an
8organization gaming license statewide as provided in this
9Section. The authority to operate gaming positions under this
10Section shall be allocated as follows: up to 1,200 gaming
11positions for any organization gaming licensee in Cook County
12and up to 900 gaming positions for any organization gaming
13licensee outside of Cook County.
14    (f) Each applicant for an organization gaming license
15shall specify in its application for licensure the number of
16gaming positions it will operate, up to the applicable
17limitation set forth in subsection (e) of this Section. Any
18unreserved gaming positions that are not specified shall be
19forfeited and retained by the Board. For the purposes of this
20subsection (f), an organization gaming licensee that did not
21conduct live racing in 2010 and is located within 3 miles of
22the Mississippi River may reserve up to 900 positions and
23shall not be penalized under this Section for not operating
24those positions until it meets the requirements of subsection
25(e) of this Section, but such licensee shall not request
26unreserved gaming positions under this subsection (f) until

 

 

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1its 900 positions are all operational.
2    Thereafter, the Board shall publish the number of
3unreserved gaming positions and shall accept requests for
4additional positions from any organization gaming licensee
5that initially reserved all of the positions that were
6offered. The Board shall allocate expeditiously the unreserved
7gaming positions to requesting organization gaming licensees
8in a manner that maximizes revenue to the State. The Board may
9allocate any such unused gaming positions pursuant to an open
10and competitive bidding process, as provided under Section 7.5
11of this Act. This process shall continue until all unreserved
12gaming positions have been purchased. All positions obtained
13pursuant to this process and all positions the organization
14gaming licensee specified it would operate in its application
15must be in operation within 18 months after they were obtained
16or the organization gaming licensee forfeits the right to
17operate those positions, but is not entitled to a refund of any
18fees paid. The Board may, after holding a public hearing,
19grant extensions so long as the organization gaming licensee
20is working in good faith to make the positions operational.
21The extension may be for a period of 6 months. If, after the
22period of the extension, the organization gaming licensee has
23not made the positions operational, then another public
24hearing must be held by the Board before it may grant another
25extension.
26    Unreserved gaming positions retained from and allocated to

 

 

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1organization gaming licensees by the Board pursuant to this
2subsection (f) shall not be allocated to owners licensees
3under this Act.
4    For the purpose of this subsection (f), the unreserved
5gaming positions for each organization gaming licensee shall
6be the applicable limitation set forth in subsection (e) of
7this Section, less the number of reserved gaming positions by
8such organization gaming licensee, and the total unreserved
9gaming positions shall be the aggregate of the unreserved
10gaming positions for all organization gaming licensees.
11    (g) An organization gaming licensee is authorized to
12conduct the following at a racetrack:
13        (1) slot machine gambling;
14        (2) video game of chance gambling;
15        (3) gambling with electronic gambling games as defined
16    in this Act or defined by the Illinois Gaming Board; and
17        (4) table games.
18    (h) Subject to the approval of the Illinois Gaming Board,
19an organization gaming licensee may make modification or
20additions to any existing buildings and structures to comply
21with the requirements of this Act. The Illinois Gaming Board
22shall make its decision after consulting with the Illinois
23Racing Board. In no case, however, shall the Illinois Gaming
24Board approve any modification or addition that alters the
25grounds of the organization licensee such that the act of live
26racing is an ancillary activity to gaming authorized under

 

 

SB2037- 971 -LRB102 17120 WGH 22551 b

1this Section. Gaming authorized under this Section may take
2place in existing structures where inter-track wagering is
3conducted at the racetrack or a facility within 300 yards of
4the racetrack in accordance with the provisions of this Act
5and the Illinois Horse Racing Act of 1975.
6    (i) An organization gaming licensee may conduct gaming at
7a temporary facility pending the construction of a permanent
8facility or the remodeling or relocation of an existing
9facility to accommodate gaming participants for up to 24
10months after the temporary facility begins to conduct gaming
11authorized under this Section. Upon request by an organization
12gaming licensee and upon a showing of good cause by the
13organization gaming licensee, the Board shall extend the
14period during which the licensee may conduct gaming authorized
15under this Section at a temporary facility by up to 12 months.
16The Board shall make rules concerning the conduct of gaming
17authorized under this Section from temporary facilities.
18    The gaming authorized under this Section may take place in
19existing structures where inter-track wagering is conducted at
20the racetrack or a facility within 300 yards of the racetrack
21in accordance with the provisions of this Act and the Illinois
22Horse Racing Act of 1975.
23    (i-5) Under no circumstances shall an organization gaming
24licensee conduct gaming at any State or county fair.
25    (j) The Illinois Gaming Board must adopt emergency rules
26in accordance with Section 5-45 of the Illinois Administrative

 

 

SB2037- 972 -LRB102 17120 WGH 22551 b

1Procedure Act as necessary to ensure compliance with the
2provisions of this amendatory Act of the 101st General
3Assembly concerning the conduct of gaming by an organization
4gaming licensee. The adoption of emergency rules authorized by
5this subsection (j) shall be deemed to be necessary for the
6public interest, safety, and welfare.
7    (k) Each organization gaming licensee who obtains gaming
8positions must make a reconciliation payment 3 years after the
9date the organization gaming licensee begins operating the
10positions in an amount equal to 75% of the difference between
11its adjusted gross receipts from gaming authorized under this
12Section and amounts paid to its purse accounts pursuant to
13item (1) of subsection (b) of Section 56 of the Illinois Horse
14Racing Act of 1975 for the 12-month period for which such
15difference was the largest, minus an amount equal to the
16initial per position fee paid by the organization gaming
17licensee. If this calculation results in a negative amount,
18then the organization gaming licensee is not entitled to any
19reimbursement of fees previously paid. This reconciliation
20payment may be made in installments over a period of no more
21than 6 years.
22    All payments by licensees under this subsection (k) shall
23be deposited into the Rebuild Illinois Projects Fund.
24    (l) As soon as practical after a request is made by the
25Illinois Gaming Board, to minimize duplicate submissions by
26the applicant, the Illinois Racing Board must provide

 

 

SB2037- 973 -LRB102 17120 WGH 22551 b

1information on an applicant for an organization gaming license
2to the Illinois Gaming Board.
3(Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19;
4101-648, eff. 6-30-20.)
 
5    (230 ILCS 10/9)  (from Ch. 120, par. 2409)
6    Sec. 9. Occupational licenses.
7    (a) The Board may issue an occupational license to an
8applicant upon the payment of a non-refundable fee set by the
9Board, upon a determination by the Board that the applicant is
10eligible for an occupational license and upon payment of an
11annual license fee in an amount to be established. To be
12eligible for an occupational license, an applicant must:
13        (1) be at least 21 years of age if the applicant will
14    perform any function involved in gaming by patrons. Any
15    applicant seeking an occupational license for a non-gaming
16    function shall be at least 18 years of age;
17        (2) not have been convicted of a felony offense, a
18    violation of Article 28 of the Criminal Code of 1961 or the
19    Criminal Code of 2012, or a similar statute of any other
20    jurisdiction;
21        (2.5) not have been convicted of a crime, other than a
22    crime described in item (2) of this subsection (a),
23    involving dishonesty or moral turpitude, except that the
24    Board may, in its discretion, issue an occupational
25    license to a person who has been convicted of a crime

 

 

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1    described in this item (2.5) more than 10 years prior to
2    his or her application and has not subsequently been
3    convicted of any other crime;
4        (3) have demonstrated a level of skill or knowledge
5    which the Board determines to be necessary in order to
6    operate gambling aboard a riverboat, in a casino, or at an
7    organization gaming facility; and
8        (4) have met standards for the holding of an
9    occupational license as adopted by rules of the Board.
10    Such rules shall provide that any person or entity seeking
11    an occupational license to manage gambling operations
12    under this Act shall be subject to background inquiries
13    and further requirements similar to those required of
14    applicants for an owners license. Furthermore, such rules
15    shall provide that each such entity shall be permitted to
16    manage gambling operations for only one licensed owner.
17    (b) Each application for an occupational license shall be
18on forms prescribed by the Board and shall contain all
19information required by the Board. The applicant shall set
20forth in the application: whether he has been issued prior
21gambling related licenses; whether he has been licensed in any
22other state under any other name, and, if so, such name and his
23age; and whether or not a permit or license issued to him in
24any other state has been suspended, restricted or revoked,
25and, if so, for what period of time.
26    (c) Each applicant shall submit with his application, on

 

 

SB2037- 975 -LRB102 17120 WGH 22551 b

1forms provided by the Board, 2 sets of his fingerprints. The
2Board shall charge each applicant a fee set by the Illinois
3Department of State Police to defray the costs associated with
4the search and classification of fingerprints obtained by the
5Board with respect to the applicant's application. These fees
6shall be paid into the State Police Services Fund.
7    (d) The Board may in its discretion refuse an occupational
8license to any person: (1) who is unqualified to perform the
9duties required of such applicant; (2) who fails to disclose
10or states falsely any information called for in the
11application; (3) who has been found guilty of a violation of
12this Act or whose prior gambling related license or
13application therefor has been suspended, restricted, revoked
14or denied for just cause in any other state; or (4) for any
15other just cause.
16    (e) The Board may suspend, revoke or restrict any
17occupational licensee: (1) for violation of any provision of
18this Act; (2) for violation of any of the rules and regulations
19of the Board; (3) for any cause which, if known to the Board,
20would have disqualified the applicant from receiving such
21license; or (4) for default in the payment of any obligation or
22debt due to the State of Illinois; or (5) for any other just
23cause.
24    (f) A person who knowingly makes a false statement on an
25application is guilty of a Class A misdemeanor.
26    (g) Any license issued pursuant to this Section shall be

 

 

SB2037- 976 -LRB102 17120 WGH 22551 b

1valid for a period of one year from the date of issuance.
2    (h) Nothing in this Act shall be interpreted to prohibit a
3licensed owner or organization gaming licensee from entering
4into an agreement with a public community college or a school
5approved under the Private Business and Vocational Schools Act
6of 2012 for the training of any occupational licensee. Any
7training offered by such a school shall be in accordance with a
8written agreement between the licensed owner or organization
9gaming licensee and the school.
10    (i) Any training provided for occupational licensees may
11be conducted either at the site of the gambling facility or at
12a school with which a licensed owner or organization gaming
13licensee has entered into an agreement pursuant to subsection
14(h).
15(Source: P.A. 101-31, eff. 6-28-19.)
 
16    (230 ILCS 10/11)  (from Ch. 120, par. 2411)
17    Sec. 11. Conduct of gambling. Gambling may be conducted by
18licensed owners or licensed managers on behalf of the State
19aboard riverboats. Gambling may be conducted by organization
20gaming licensees at organization gaming facilities. Gambling
21authorized under this Section is subject to the following
22standards:
23        (1) A licensee may conduct riverboat gambling
24    authorized under this Act regardless of whether it
25    conducts excursion cruises. A licensee may permit the

 

 

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1    continuous ingress and egress of patrons on a riverboat
2    not used for excursion cruises for the purpose of
3    gambling. Excursion cruises shall not exceed 4 hours for a
4    round trip. However, the Board may grant express approval
5    for an extended cruise on a case-by-case basis.
6        (1.5) An owners licensee may conduct gambling
7    operations authorized under this Act 24 hours a day.
8        (2) (Blank).
9        (3) Minimum and maximum wagers on games shall be set
10    by the licensee.
11        (4) Agents of the Board and the Illinois Department of
12    State Police may board and inspect any riverboat, enter
13    and inspect any portion of a casino, or enter and inspect
14    any portion of an organization gaming facility at any time
15    for the purpose of determining whether this Act is being
16    complied with. Every riverboat, if under way and being
17    hailed by a law enforcement officer or agent of the Board,
18    must stop immediately and lay to.
19        (5) Employees of the Board shall have the right to be
20    present on the riverboat or in the casino or on adjacent
21    facilities under the control of the licensee and at the
22    organization gaming facility under the control of the
23    organization gaming licensee.
24        (6) Gambling equipment and supplies customarily used
25    in conducting gambling must be purchased or leased only
26    from suppliers licensed for such purpose under this Act.

 

 

SB2037- 978 -LRB102 17120 WGH 22551 b

1    The Board may approve the transfer, sale, or lease of
2    gambling equipment and supplies by a licensed owner from
3    or to an affiliate of the licensed owner as long as the
4    gambling equipment and supplies were initially acquired
5    from a supplier licensed in Illinois.
6        (7) Persons licensed under this Act shall permit no
7    form of wagering on gambling games except as permitted by
8    this Act.
9        (8) Wagers may be received only from a person present
10    on a licensed riverboat, in a casino, or at an
11    organization gaming facility. No person present on a
12    licensed riverboat, in a casino, or at an organization
13    gaming facility shall place or attempt to place a wager on
14    behalf of another person who is not present on the
15    riverboat, in a casino, or at the organization gaming
16    facility.
17        (9) Wagering, including gaming authorized under
18    Section 7.7, shall not be conducted with money or other
19    negotiable currency.
20        (10) A person under age 21 shall not be permitted on an
21    area of a riverboat or casino where gambling is being
22    conducted or at an organization gaming facility where
23    gambling is being conducted, except for a person at least
24    18 years of age who is an employee of the riverboat or
25    casino gambling operation or gaming operation. No employee
26    under age 21 shall perform any function involved in

 

 

SB2037- 979 -LRB102 17120 WGH 22551 b

1    gambling by the patrons. No person under age 21 shall be
2    permitted to make a wager under this Act, and any winnings
3    that are a result of a wager by a person under age 21,
4    whether or not paid by a licensee, shall be treated as
5    winnings for the privilege tax purposes, confiscated, and
6    forfeited to the State and deposited into the Education
7    Assistance Fund.
8        (11) Gambling excursion cruises are permitted only
9    when the waterway for which the riverboat is licensed is
10    navigable, as determined by the Board in consultation with
11    the U.S. Army Corps of Engineers. This paragraph (11) does
12    not limit the ability of a licensee to conduct gambling
13    authorized under this Act when gambling excursion cruises
14    are not permitted.
15        (12) All tickets, chips, or electronic cards used to
16    make wagers must be purchased (i) from a licensed owner or
17    manager, in the case of a riverboat, either aboard a
18    riverboat or at an onshore facility which has been
19    approved by the Board and which is located where the
20    riverboat docks, (ii) in the case of a casino, from a
21    licensed owner at the casino, or (iii) from an
22    organization gaming licensee at the organization gaming
23    facility. The tickets, chips, or electronic cards may be
24    purchased by means of an agreement under which the owner
25    or manager extends credit to the patron. Such tickets,
26    chips, or electronic cards may be used while aboard the

 

 

SB2037- 980 -LRB102 17120 WGH 22551 b

1    riverboat, in the casino, or at the organization gaming
2    facility only for the purpose of making wagers on gambling
3    games.
4        (13) Notwithstanding any other Section of this Act, in
5    addition to the other licenses authorized under this Act,
6    the Board may issue special event licenses allowing
7    persons who are not otherwise licensed to conduct
8    riverboat gambling to conduct such gambling on a specified
9    date or series of dates. Riverboat gambling under such a
10    license may take place on a riverboat not normally used
11    for riverboat gambling. The Board shall establish
12    standards, fees and fines for, and limitations upon, such
13    licenses, which may differ from the standards, fees, fines
14    and limitations otherwise applicable under this Act. All
15    such fees shall be deposited into the State Gaming Fund.
16    All such fines shall be deposited into the Education
17    Assistance Fund, created by Public Act 86-0018, of the
18    State of Illinois.
19        (14) In addition to the above, gambling must be
20    conducted in accordance with all rules adopted by the
21    Board.
22(Source: P.A. 101-31, eff. 6-28-19.)
 
23    (230 ILCS 10/13)  (from Ch. 120, par. 2413)
24    Sec. 13. Wagering tax; rate; distribution.
25    (a) Until January 1, 1998, a tax is imposed on the adjusted

 

 

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1gross receipts received from gambling games authorized under
2this Act at the rate of 20%.
3    (a-1) From January 1, 1998 until July 1, 2002, a privilege
4tax is imposed on persons engaged in the business of
5conducting riverboat gambling operations, based on the
6adjusted gross receipts received by a licensed owner from
7gambling games authorized under this Act at the following
8rates:
9        15% of annual adjusted gross receipts up to and
10    including $25,000,000;
11        20% of annual adjusted gross receipts in excess of
12    $25,000,000 but not exceeding $50,000,000;
13        25% of annual adjusted gross receipts in excess of
14    $50,000,000 but not exceeding $75,000,000;
15        30% of annual adjusted gross receipts in excess of
16    $75,000,000 but not exceeding $100,000,000;
17        35% of annual adjusted gross receipts in excess of
18    $100,000,000.
19    (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
20is imposed on persons engaged in the business of conducting
21riverboat gambling operations, other than licensed managers
22conducting riverboat gambling operations on behalf of the
23State, based on the adjusted gross receipts received by a
24licensed owner from gambling games authorized under this Act
25at the following rates:
26        15% of annual adjusted gross receipts up to and

 

 

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1    including $25,000,000;
2        22.5% of annual adjusted gross receipts in excess of
3    $25,000,000 but not exceeding $50,000,000;
4        27.5% of annual adjusted gross receipts in excess of
5    $50,000,000 but not exceeding $75,000,000;
6        32.5% of annual adjusted gross receipts in excess of
7    $75,000,000 but not exceeding $100,000,000;
8        37.5% of annual adjusted gross receipts in excess of
9    $100,000,000 but not exceeding $150,000,000;
10        45% of annual adjusted gross receipts in excess of
11    $150,000,000 but not exceeding $200,000,000;
12        50% of annual adjusted gross receipts in excess of
13    $200,000,000.
14    (a-3) Beginning July 1, 2003, a privilege tax is imposed
15on persons engaged in the business of conducting riverboat
16gambling operations, other than licensed managers conducting
17riverboat gambling operations on behalf of the State, based on
18the adjusted gross receipts received by a licensed owner from
19gambling games authorized under this Act at the following
20rates:
21        15% of annual adjusted gross receipts up to and
22    including $25,000,000;
23        27.5% of annual adjusted gross receipts in excess of
24    $25,000,000 but not exceeding $37,500,000;
25        32.5% of annual adjusted gross receipts in excess of
26    $37,500,000 but not exceeding $50,000,000;

 

 

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1        37.5% of annual adjusted gross receipts in excess of
2    $50,000,000 but not exceeding $75,000,000;
3        45% of annual adjusted gross receipts in excess of
4    $75,000,000 but not exceeding $100,000,000;
5        50% of annual adjusted gross receipts in excess of
6    $100,000,000 but not exceeding $250,000,000;
7        70% of annual adjusted gross receipts in excess of
8    $250,000,000.
9    An amount equal to the amount of wagering taxes collected
10under this subsection (a-3) that are in addition to the amount
11of wagering taxes that would have been collected if the
12wagering tax rates under subsection (a-2) were in effect shall
13be paid into the Common School Fund.
14    The privilege tax imposed under this subsection (a-3)
15shall no longer be imposed beginning on the earlier of (i) July
161, 2005; (ii) the first date after June 20, 2003 that riverboat
17gambling operations are conducted pursuant to a dormant
18license; or (iii) the first day that riverboat gambling
19operations are conducted under the authority of an owners
20license that is in addition to the 10 owners licenses
21initially authorized under this Act. For the purposes of this
22subsection (a-3), the term "dormant license" means an owners
23license that is authorized by this Act under which no
24riverboat gambling operations are being conducted on June 20,
252003.
26    (a-4) Beginning on the first day on which the tax imposed

 

 

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1under subsection (a-3) is no longer imposed and ending upon
2the imposition of the privilege tax under subsection (a-5) of
3this Section, a privilege tax is imposed on persons engaged in
4the business of conducting gambling operations, other than
5licensed managers conducting riverboat gambling operations on
6behalf of the State, based on the adjusted gross receipts
7received by a licensed owner from gambling games authorized
8under this Act at the following rates:
9        15% of annual adjusted gross receipts up to and
10    including $25,000,000;
11        22.5% of annual adjusted gross receipts in excess of
12    $25,000,000 but not exceeding $50,000,000;
13        27.5% of annual adjusted gross receipts in excess of
14    $50,000,000 but not exceeding $75,000,000;
15        32.5% of annual adjusted gross receipts in excess of
16    $75,000,000 but not exceeding $100,000,000;
17        37.5% of annual adjusted gross receipts in excess of
18    $100,000,000 but not exceeding $150,000,000;
19        45% of annual adjusted gross receipts in excess of
20    $150,000,000 but not exceeding $200,000,000;
21        50% of annual adjusted gross receipts in excess of
22    $200,000,000.
23    For the imposition of the privilege tax in this subsection
24(a-4), amounts paid pursuant to item (1) of subsection (b) of
25Section 56 of the Illinois Horse Racing Act of 1975 shall not
26be included in the determination of adjusted gross receipts.

 

 

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1    (a-5)(1) Beginning on July 1, 2020, a privilege tax is
2imposed on persons engaged in the business of conducting
3gambling operations, other than the owners licensee under
4paragraph (1) of subsection (e-5) of Section 7 and licensed
5managers conducting riverboat gambling operations on behalf of
6the State, based on the adjusted gross receipts received by
7such licensee from the gambling games authorized under this
8Act. The privilege tax for all gambling games other than table
9games, including, but not limited to, slot machines, video
10game of chance gambling, and electronic gambling games shall
11be at the following rates:
12        15% of annual adjusted gross receipts up to and
13    including $25,000,000;
14        22.5% of annual adjusted gross receipts in excess of
15    $25,000,000 but not exceeding $50,000,000;
16        27.5% of annual adjusted gross receipts in excess of
17    $50,000,000 but not exceeding $75,000,000;
18        32.5% of annual adjusted gross receipts in excess of
19    $75,000,000 but not exceeding $100,000,000;
20        37.5% of annual adjusted gross receipts in excess of
21    $100,000,000 but not exceeding $150,000,000;
22        45% of annual adjusted gross receipts in excess of
23    $150,000,000 but not exceeding $200,000,000;
24        50% of annual adjusted gross receipts in excess of
25    $200,000,000.
26    The privilege tax for table games shall be at the

 

 

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1following rates:
2        15% of annual adjusted gross receipts up to and
3    including $25,000,000;
4        20% of annual adjusted gross receipts in excess of
5    $25,000,000.
6    For the imposition of the privilege tax in this subsection
7(a-5), amounts paid pursuant to item (1) of subsection (b) of
8Section 56 of the Illinois Horse Racing Act of 1975 shall not
9be included in the determination of adjusted gross receipts.
10    (2) Beginning on the first day that an owners licensee
11under paragraph (1) of subsection (e-5) of Section 7 conducts
12gambling operations, either in a temporary facility or a
13permanent facility, a privilege tax is imposed on persons
14engaged in the business of conducting gambling operations
15under paragraph (1) of subsection (e-5) of Section 7, other
16than licensed managers conducting riverboat gambling
17operations on behalf of the State, based on the adjusted gross
18receipts received by such licensee from the gambling games
19authorized under this Act. The privilege tax for all gambling
20games other than table games, including, but not limited to,
21slot machines, video game of chance gambling, and electronic
22gambling games shall be at the following rates:
23        12% of annual adjusted gross receipts up to and
24    including $25,000,000 to the State and 10.5% of annual
25    adjusted gross receipts up to and including $25,000,000 to
26    the City of Chicago;

 

 

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1        16% of annual adjusted gross receipts in excess of
2    $25,000,000 but not exceeding $50,000,000 to the State and
3    14% of annual adjusted gross receipts in excess of
4    $25,000,000 but not exceeding $50,000,000 to the City of
5    Chicago;
6        20.1% of annual adjusted gross receipts in excess of
7    $50,000,000 but not exceeding $75,000,000 to the State and
8    17.4% of annual adjusted gross receipts in excess of
9    $50,000,000 but not exceeding $75,000,000 to the City of
10    Chicago;
11        21.4% of annual adjusted gross receipts in excess of
12    $75,000,000 but not exceeding $100,000,000 to the State
13    and 18.6% of annual adjusted gross receipts in excess of
14    $75,000,000 but not exceeding $100,000,000 to the City of
15    Chicago;
16        22.7% of annual adjusted gross receipts in excess of
17    $100,000,000 but not exceeding $150,000,000 to the State
18    and 19.8% of annual adjusted gross receipts in excess of
19    $100,000,000 but not exceeding $150,000,000 to the City of
20    Chicago;
21        24.1% of annual adjusted gross receipts in excess of
22    $150,000,000 but not exceeding $225,000,000 to the State
23    and 20.9% of annual adjusted gross receipts in excess of
24    $150,000,000 but not exceeding $225,000,000 to the City of
25    Chicago;
26        26.8% of annual adjusted gross receipts in excess of

 

 

SB2037- 988 -LRB102 17120 WGH 22551 b

1    $225,000,000 but not exceeding $1,000,000,000 to the State
2    and 23.2% of annual adjusted gross receipts in excess of
3    $225,000,000 but not exceeding $1,000,000,000 to the City
4    of Chicago;
5        40% of annual adjusted gross receipts in excess of
6    $1,000,000,000 to the State and 34.7% of annual gross
7    receipts in excess of $1,000,000,000 to the City of
8    Chicago.
9    The privilege tax for table games shall be at the
10following rates:
11        8.1% of annual adjusted gross receipts up to and
12    including $25,000,000 to the State and 6.9% of annual
13    adjusted gross receipts up to and including $25,000,000 to
14    the City of Chicago;
15        10.7% of annual adjusted gross receipts in excess of
16    $25,000,000 but not exceeding $75,000,000 to the State and
17    9.3% of annual adjusted gross receipts in excess of
18    $25,000,000 but not exceeding $75,000,000 to the City of
19    Chicago;
20        11.2% of annual adjusted gross receipts in excess of
21    $75,000,000 but not exceeding $175,000,000 to the State
22    and 9.8% of annual adjusted gross receipts in excess of
23    $75,000,000 but not exceeding $175,000,000 to the City of
24    Chicago;
25        13.5% of annual adjusted gross receipts in excess of
26    $175,000,000 but not exceeding $225,000,000 to the State

 

 

SB2037- 989 -LRB102 17120 WGH 22551 b

1    and 11.5% of annual adjusted gross receipts in excess of
2    $175,000,000 but not exceeding $225,000,000 to the City of
3    Chicago;
4        15.1% of annual adjusted gross receipts in excess of
5    $225,000,000 but not exceeding $275,000,000 to the State
6    and 12.9% of annual adjusted gross receipts in excess of
7    $225,000,000 but not exceeding $275,000,000 to the City of
8    Chicago;
9        16.2% of annual adjusted gross receipts in excess of
10    $275,000,000 but not exceeding $375,000,000 to the State
11    and 13.8% of annual adjusted gross receipts in excess of
12    $275,000,000 but not exceeding $375,000,000 to the City of
13    Chicago;
14        18.9% of annual adjusted gross receipts in excess of
15    $375,000,000 to the State and 16.1% of annual gross
16    receipts in excess of $375,000,000 to the City of Chicago.
17    For the imposition of the privilege tax in this subsection
18(a-5), amounts paid pursuant to item (1) of subsection (b) of
19Section 56 of the Illinois Horse Racing Act of 1975 shall not
20be included in the determination of adjusted gross receipts.
21    Notwithstanding the provisions of this subsection (a-5),
22for the first 10 years that the privilege tax is imposed under
23this subsection (a-5), the privilege tax shall be imposed on
24the modified annual adjusted gross receipts of a riverboat or
25casino conducting gambling operations in the City of East St.
26Louis, unless:

 

 

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1        (1) the riverboat or casino fails to employ at least
2    450 people;
3        (2) the riverboat or casino fails to maintain
4    operations in a manner consistent with this Act or is not a
5    viable riverboat or casino subject to the approval of the
6    Board; or
7        (3) the owners licensee is not an entity in which
8    employees participate in an employee stock ownership plan.
9    As used in this subsection (a-5), "modified annual
10adjusted gross receipts" means:
11        (A) for calendar year 2020, the annual adjusted gross
12    receipts for the current year minus the difference between
13    an amount equal to the average annual adjusted gross
14    receipts from a riverboat or casino conducting gambling
15    operations in the City of East St. Louis for 2014, 2015,
16    2016, 2017, and 2018 and the annual adjusted gross
17    receipts for 2018;
18        (B) for calendar year 2021, the annual adjusted gross
19    receipts for the current year minus the difference between
20    an amount equal to the average annual adjusted gross
21    receipts from a riverboat or casino conducting gambling
22    operations in the City of East St. Louis for 2014, 2015,
23    2016, 2017, and 2018 and the annual adjusted gross
24    receipts for 2019; and
25        (C) for calendar years 2022 through 2029, the annual
26    adjusted gross receipts for the current year minus the

 

 

SB2037- 991 -LRB102 17120 WGH 22551 b

1    difference between an amount equal to the average annual
2    adjusted gross receipts from a riverboat or casino
3    conducting gambling operations in the City of East St.
4    Louis for 3 years preceding the current year and the
5    annual adjusted gross receipts for the immediately
6    preceding year.
7    (a-6) From June 28, 2019 (the effective date of Public Act
8101-31) until June 30, 2023, an owners licensee that conducted
9gambling operations prior to January 1, 2011 shall receive a
10dollar-for-dollar credit against the tax imposed under this
11Section for any renovation or construction costs paid by the
12owners licensee, but in no event shall the credit exceed
13$2,000,000.
14    Additionally, from June 28, 2019 (the effective date of
15Public Act 101-31) until December 31, 2022, an owners licensee
16that (i) is located within 15 miles of the Missouri border, and
17(ii) has at least 3 riverboats, casinos, or their equivalent
18within a 45-mile radius, may be authorized to relocate to a new
19location with the approval of both the unit of local
20government designated as the home dock and the Board, so long
21as the new location is within the same unit of local government
22and no more than 3 miles away from its original location. Such
23owners licensee shall receive a credit against the tax imposed
24under this Section equal to 8% of the total project costs, as
25approved by the Board, for any renovation or construction
26costs paid by the owners licensee for the construction of the

 

 

SB2037- 992 -LRB102 17120 WGH 22551 b

1new facility, provided that the new facility is operational by
2July 1, 2022. In determining whether or not to approve a
3relocation, the Board must consider the extent to which the
4relocation will diminish the gaming revenues received by other
5Illinois gaming facilities.
6    (a-7) Beginning in the initial adjustment year and through
7the final adjustment year, if the total obligation imposed
8pursuant to either subsection (a-5) or (a-6) will result in an
9owners licensee receiving less after-tax adjusted gross
10receipts than it received in calendar year 2018, then the
11total amount of privilege taxes that the owners licensee is
12required to pay for that calendar year shall be reduced to the
13extent necessary so that the after-tax adjusted gross receipts
14in that calendar year equals the after-tax adjusted gross
15receipts in calendar year 2018, but the privilege tax
16reduction shall not exceed the annual adjustment cap. If
17pursuant to this subsection (a-7), the total obligation
18imposed pursuant to either subsection (a-5) or (a-6) shall be
19reduced, then the owners licensee shall not receive a refund
20from the State at the end of the subject calendar year but
21instead shall be able to apply that amount as a credit against
22any payments it owes to the State in the following calendar
23year to satisfy its total obligation under either subsection
24(a-5) or (a-6). The credit for the final adjustment year shall
25occur in the calendar year following the final adjustment
26year.

 

 

SB2037- 993 -LRB102 17120 WGH 22551 b

1    If an owners licensee that conducted gambling operations
2prior to January 1, 2019 expands its riverboat or casino,
3including, but not limited to, with respect to its gaming
4floor, additional non-gaming amenities such as restaurants,
5bars, and hotels and other additional facilities, and incurs
6construction and other costs related to such expansion from
7June 28, 2019 (the effective date of Public Act 101-31) until
8June 28, 2024 (the 5th anniversary of the effective date of
9Public Act 101-31), then for each $15,000,000 spent for any
10such construction or other costs related to expansion paid by
11the owners licensee, the final adjustment year shall be
12extended by one year and the annual adjustment cap shall
13increase by 0.2% of adjusted gross receipts during each
14calendar year until and including the final adjustment year.
15No further modifications to the final adjustment year or
16annual adjustment cap shall be made after $75,000,000 is
17incurred in construction or other costs related to expansion
18so that the final adjustment year shall not extend beyond the
199th calendar year after the initial adjustment year, not
20including the initial adjustment year, and the annual
21adjustment cap shall not exceed 4% of adjusted gross receipts
22in a particular calendar year. Construction and other costs
23related to expansion shall include all project related costs,
24including, but not limited to, all hard and soft costs,
25financing costs, on or off-site ground, road or utility work,
26cost of gaming equipment and all other personal property,

 

 

SB2037- 994 -LRB102 17120 WGH 22551 b

1initial fees assessed for each incremental gaming position,
2and the cost of incremental land acquired for such expansion.
3Soft costs shall include, but not be limited to, legal fees,
4architect, engineering and design costs, other consultant
5costs, insurance cost, permitting costs, and pre-opening costs
6related to the expansion, including, but not limited to, any
7of the following: marketing, real estate taxes, personnel,
8training, travel and out-of-pocket expenses, supply,
9inventory, and other costs, and any other project related soft
10costs.
11    To be eligible for the tax credits in subsection (a-6),
12all construction contracts shall include a requirement that
13the contractor enter into a project labor agreement with the
14building and construction trades council with geographic
15jurisdiction of the location of the proposed gaming facility.
16    Notwithstanding any other provision of this subsection
17(a-7), this subsection (a-7) does not apply to an owners
18licensee unless such owners licensee spends at least
19$15,000,000 on construction and other costs related to its
20expansion, excluding the initial fees assessed for each
21incremental gaming position.
22    This subsection (a-7) does not apply to owners licensees
23authorized pursuant to subsection (e-5) of Section 7 of this
24Act.
25    For purposes of this subsection (a-7):
26    "Building and construction trades council" means any

 

 

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1organization representing multiple construction entities that
2are monitoring or attentive to compliance with public or
3workers' safety laws, wage and hour requirements, or other
4statutory requirements or that are making or maintaining
5collective bargaining agreements.
6    "Initial adjustment year" means the year commencing on
7January 1 of the calendar year immediately following the
8earlier of the following:
9        (1) the commencement of gambling operations, either in
10    a temporary or permanent facility, with respect to the
11    owners license authorized under paragraph (1) of
12    subsection (e-5) of Section 7 of this Act; or
13        (2) June 28, 2021 (24 months after the effective date
14    of Public Act 101-31);
15provided the initial adjustment year shall not commence
16earlier than June 28, 2020 (12 months after the effective date
17of Public Act 101-31).
18    "Final adjustment year" means the 2nd calendar year after
19the initial adjustment year, not including the initial
20adjustment year, and as may be extended further as described
21in this subsection (a-7).
22    "Annual adjustment cap" means 3% of adjusted gross
23receipts in a particular calendar year, and as may be
24increased further as otherwise described in this subsection
25(a-7).
26    (a-8) Riverboat gambling operations conducted by a

 

 

SB2037- 996 -LRB102 17120 WGH 22551 b

1licensed manager on behalf of the State are not subject to the
2tax imposed under this Section.
3    (a-9) Beginning on January 1, 2020, the calculation of
4gross receipts or adjusted gross receipts, for the purposes of
5this Section, for a riverboat, a casino, or an organization
6gaming facility shall not include the dollar amount of
7non-cashable vouchers, coupons, and electronic promotions
8redeemed by wagerers upon the riverboat, in the casino, or in
9the organization gaming facility up to and including an amount
10not to exceed 20% of a riverboat's, a casino's, or an
11organization gaming facility's adjusted gross receipts.
12    The Illinois Gaming Board shall submit to the General
13Assembly a comprehensive report no later than March 31, 2023
14detailing, at a minimum, the effect of removing non-cashable
15vouchers, coupons, and electronic promotions from this
16calculation on net gaming revenues to the State in calendar
17years 2020 through 2022, the increase or reduction in wagerers
18as a result of removing non-cashable vouchers, coupons, and
19electronic promotions from this calculation, the effect of the
20tax rates in subsection (a-5) on net gaming revenues to this
21State, and proposed modifications to the calculation.
22    (a-10) The taxes imposed by this Section shall be paid by
23the licensed owner or the organization gaming licensee to the
24Board not later than 5:00 o'clock p.m. of the day after the day
25when the wagers were made.
26    (a-15) If the privilege tax imposed under subsection (a-3)

 

 

SB2037- 997 -LRB102 17120 WGH 22551 b

1is no longer imposed pursuant to item (i) of the last paragraph
2of subsection (a-3), then by June 15 of each year, each owners
3licensee, other than an owners licensee that admitted
41,000,000 persons or fewer in calendar year 2004, must, in
5addition to the payment of all amounts otherwise due under
6this Section, pay to the Board a reconciliation payment in the
7amount, if any, by which the licensed owner's base amount
8exceeds the amount of net privilege tax paid by the licensed
9owner to the Board in the then current State fiscal year. A
10licensed owner's net privilege tax obligation due for the
11balance of the State fiscal year shall be reduced up to the
12total of the amount paid by the licensed owner in its June 15
13reconciliation payment. The obligation imposed by this
14subsection (a-15) is binding on any person, firm, corporation,
15or other entity that acquires an ownership interest in any
16such owners license. The obligation imposed under this
17subsection (a-15) terminates on the earliest of: (i) July 1,
182007, (ii) the first day after the effective date of this
19amendatory Act of the 94th General Assembly that riverboat
20gambling operations are conducted pursuant to a dormant
21license, (iii) the first day that riverboat gambling
22operations are conducted under the authority of an owners
23license that is in addition to the 10 owners licenses
24initially authorized under this Act, or (iv) the first day
25that a licensee under the Illinois Horse Racing Act of 1975
26conducts gaming operations with slot machines or other

 

 

SB2037- 998 -LRB102 17120 WGH 22551 b

1electronic gaming devices. The Board must reduce the
2obligation imposed under this subsection (a-15) by an amount
3the Board deems reasonable for any of the following reasons:
4(A) an act or acts of God, (B) an act of bioterrorism or
5terrorism or a bioterrorism or terrorism threat that was
6investigated by a law enforcement agency, or (C) a condition
7beyond the control of the owners licensee that does not result
8from any act or omission by the owners licensee or any of its
9agents and that poses a hazardous threat to the health and
10safety of patrons. If an owners licensee pays an amount in
11excess of its liability under this Section, the Board shall
12apply the overpayment to future payments required under this
13Section.
14    For purposes of this subsection (a-15):
15    "Act of God" means an incident caused by the operation of
16an extraordinary force that cannot be foreseen, that cannot be
17avoided by the exercise of due care, and for which no person
18can be held liable.
19    "Base amount" means the following:
20        For a riverboat in Alton, $31,000,000.
21        For a riverboat in East Peoria, $43,000,000.
22        For the Empress riverboat in Joliet, $86,000,000.
23        For a riverboat in Metropolis, $45,000,000.
24        For the Harrah's riverboat in Joliet, $114,000,000.
25        For a riverboat in Aurora, $86,000,000.
26        For a riverboat in East St. Louis, $48,500,000.

 

 

SB2037- 999 -LRB102 17120 WGH 22551 b

1        For a riverboat in Elgin, $198,000,000.
2    "Dormant license" has the meaning ascribed to it in
3subsection (a-3).
4    "Net privilege tax" means all privilege taxes paid by a
5licensed owner to the Board under this Section, less all
6payments made from the State Gaming Fund pursuant to
7subsection (b) of this Section.
8    The changes made to this subsection (a-15) by Public Act
994-839 are intended to restate and clarify the intent of
10Public Act 94-673 with respect to the amount of the payments
11required to be made under this subsection by an owners
12licensee to the Board.
13    (b) From the tax revenue from riverboat or casino gambling
14deposited in the State Gaming Fund under this Section, an
15amount equal to 5% of adjusted gross receipts generated by a
16riverboat or a casino, other than a riverboat or casino
17designated in paragraph (1), (3), or (4) of subsection (e-5)
18of Section 7, shall be paid monthly, subject to appropriation
19by the General Assembly, to the unit of local government in
20which the casino is located or that is designated as the home
21dock of the riverboat. Notwithstanding anything to the
22contrary, beginning on the first day that an owners licensee
23under paragraph (1), (2), (3), (4), (5), or (6) of subsection
24(e-5) of Section 7 conducts gambling operations, either in a
25temporary facility or a permanent facility, and for 2 years
26thereafter, a unit of local government designated as the home

 

 

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1dock of a riverboat whose license was issued before January 1,
22019, other than a riverboat conducting gambling operations in
3the City of East St. Louis, shall not receive less under this
4subsection (b) than the amount the unit of local government
5received under this subsection (b) in calendar year 2018.
6Notwithstanding anything to the contrary and because the City
7of East St. Louis is a financially distressed city, beginning
8on the first day that an owners licensee under paragraph (1),
9(2), (3), (4), (5), or (6) of subsection (e-5) of Section 7
10conducts gambling operations, either in a temporary facility
11or a permanent facility, and for 10 years thereafter, a unit of
12local government designated as the home dock of a riverboat
13conducting gambling operations in the City of East St. Louis
14shall not receive less under this subsection (b) than the
15amount the unit of local government received under this
16subsection (b) in calendar year 2018.
17    From the tax revenue deposited in the State Gaming Fund
18pursuant to riverboat or casino gambling operations conducted
19by a licensed manager on behalf of the State, an amount equal
20to 5% of adjusted gross receipts generated pursuant to those
21riverboat or casino gambling operations shall be paid monthly,
22subject to appropriation by the General Assembly, to the unit
23of local government that is designated as the home dock of the
24riverboat upon which those riverboat gambling operations are
25conducted or in which the casino is located.
26    From the tax revenue from riverboat or casino gambling

 

 

SB2037- 1001 -LRB102 17120 WGH 22551 b

1deposited in the State Gaming Fund under this Section, an
2amount equal to 5% of the adjusted gross receipts generated by
3a riverboat designated in paragraph (3) of subsection (e-5) of
4Section 7 shall be divided and remitted monthly, subject to
5appropriation, as follows: 70% to Waukegan, 10% to Park City,
615% to North Chicago, and 5% to Lake County.
7    From the tax revenue from riverboat or casino gambling
8deposited in the State Gaming Fund under this Section, an
9amount equal to 5% of the adjusted gross receipts generated by
10a riverboat designated in paragraph (4) of subsection (e-5) of
11Section 7 shall be remitted monthly, subject to appropriation,
12as follows: 70% to the City of Rockford, 5% to the City of
13Loves Park, 5% to the Village of Machesney, and 20% to
14Winnebago County.
15    From the tax revenue from riverboat or casino gambling
16deposited in the State Gaming Fund under this Section, an
17amount equal to 5% of the adjusted gross receipts generated by
18a riverboat designated in paragraph (5) of subsection (e-5) of
19Section 7 shall be remitted monthly, subject to appropriation,
20as follows: 2% to the unit of local government in which the
21riverboat or casino is located, and 3% shall be distributed:
22(A) in accordance with a regional capital development plan
23entered into by the following communities: Village of Beecher,
24City of Blue Island, Village of Burnham, City of Calumet City,
25Village of Calumet Park, City of Chicago Heights, City of
26Country Club Hills, Village of Crestwood, Village of Crete,

 

 

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1Village of Dixmoor, Village of Dolton, Village of East Hazel
2Crest, Village of Flossmoor, Village of Ford Heights, Village
3of Glenwood, City of Harvey, Village of Hazel Crest, Village
4of Homewood, Village of Lansing, Village of Lynwood, City of
5Markham, Village of Matteson, Village of Midlothian, Village
6of Monee, City of Oak Forest, Village of Olympia Fields,
7Village of Orland Hills, Village of Orland Park, City of Palos
8Heights, Village of Park Forest, Village of Phoenix, Village
9of Posen, Village of Richton Park, Village of Riverdale,
10Village of Robbins, Village of Sauk Village, Village of South
11Chicago Heights, Village of South Holland, Village of Steger,
12Village of Thornton, Village of Tinley Park, Village of
13University Park and Village of Worth; or (B) if no regional
14capital development plan exists, equally among the communities
15listed in item (A) to be used for capital expenditures or
16public pension payments, or both.
17    Units of local government may refund any portion of the
18payment that they receive pursuant to this subsection (b) to
19the riverboat or casino.
20    (b-4) Beginning on the first day the licensee under
21paragraph (5) of subsection (e-5) of Section 7 conducts
22gambling operations, either in a temporary facility or a
23permanent facility, and ending on July 31, 2042, from the tax
24revenue deposited in the State Gaming Fund under this Section,
25$5,000,000 shall be paid annually, subject to appropriation,
26to the host municipality of that owners licensee of a license

 

 

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1issued or re-issued pursuant to Section 7.1 of this Act before
2January 1, 2012. Payments received by the host municipality
3pursuant to this subsection (b-4) may not be shared with any
4other unit of local government.
5    (b-5) Beginning on June 28, 2019 (the effective date of
6Public Act 101-31), from the tax revenue deposited in the
7State Gaming Fund under this Section, an amount equal to 3% of
8adjusted gross receipts generated by each organization gaming
9facility located outside Madison County shall be paid monthly,
10subject to appropriation by the General Assembly, to a
11municipality other than the Village of Stickney in which each
12organization gaming facility is located or, if the
13organization gaming facility is not located within a
14municipality, to the county in which the organization gaming
15facility is located, except as otherwise provided in this
16Section. From the tax revenue deposited in the State Gaming
17Fund under this Section, an amount equal to 3% of adjusted
18gross receipts generated by an organization gaming facility
19located in the Village of Stickney shall be paid monthly,
20subject to appropriation by the General Assembly, as follows:
2125% to the Village of Stickney, 5% to the City of Berwyn, 50%
22to the Town of Cicero, and 20% to the Stickney Public Health
23District.
24    From the tax revenue deposited in the State Gaming Fund
25under this Section, an amount equal to 5% of adjusted gross
26receipts generated by an organization gaming facility located

 

 

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1in the City of Collinsville shall be paid monthly, subject to
2appropriation by the General Assembly, as follows: 30% to the
3City of Alton, 30% to the City of East St. Louis, and 40% to
4the City of Collinsville.
5    Municipalities and counties may refund any portion of the
6payment that they receive pursuant to this subsection (b-5) to
7the organization gaming facility.
8    (b-6) Beginning on June 28, 2019 (the effective date of
9Public Act 101-31), from the tax revenue deposited in the
10State Gaming Fund under this Section, an amount equal to 2% of
11adjusted gross receipts generated by an organization gaming
12facility located outside Madison County shall be paid monthly,
13subject to appropriation by the General Assembly, to the
14county in which the organization gaming facility is located
15for the purposes of its criminal justice system or health care
16system.
17    Counties may refund any portion of the payment that they
18receive pursuant to this subsection (b-6) to the organization
19gaming facility.
20    (b-7) From the tax revenue from the organization gaming
21licensee located in one of the following townships of Cook
22County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or
23Worth, an amount equal to 5% of the adjusted gross receipts
24generated by that organization gaming licensee shall be
25remitted monthly, subject to appropriation, as follows: 2% to
26the unit of local government in which the organization gaming

 

 

SB2037- 1005 -LRB102 17120 WGH 22551 b

1licensee is located, and 3% shall be distributed: (A) in
2accordance with a regional capital development plan entered
3into by the following communities: Village of Beecher, City of
4Blue Island, Village of Burnham, City of Calumet City, Village
5of Calumet Park, City of Chicago Heights, City of Country Club
6Hills, Village of Crestwood, Village of Crete, Village of
7Dixmoor, Village of Dolton, Village of East Hazel Crest,
8Village of Flossmoor, Village of Ford Heights, Village of
9Glenwood, City of Harvey, Village of Hazel Crest, Village of
10Homewood, Village of Lansing, Village of Lynwood, City of
11Markham, Village of Matteson, Village of Midlothian, Village
12of Monee, City of Oak Forest, Village of Olympia Fields,
13Village of Orland Hills, Village of Orland Park, City of Palos
14Heights, Village of Park Forest, Village of Phoenix, Village
15of Posen, Village of Richton Park, Village of Riverdale,
16Village of Robbins, Village of Sauk Village, Village of South
17Chicago Heights, Village of South Holland, Village of Steger,
18Village of Thornton, Village of Tinley Park, Village of
19University Park, and Village of Worth; or (B) if no regional
20capital development plan exists, equally among the communities
21listed in item (A) to be used for capital expenditures or
22public pension payments, or both.
23    (b-8) In lieu of the payments under subsection (b) of this
24Section, from the tax revenue deposited in the State Gaming
25Fund pursuant to riverboat or casino gambling operations
26conducted by an owners licensee under paragraph (1) of

 

 

SB2037- 1006 -LRB102 17120 WGH 22551 b

1subsection (e-5) of Section 7, an amount equal to the tax
2revenue generated from the privilege tax imposed by paragraph
3(2) of subsection (a-5) that is to be paid to the City of
4Chicago shall be paid monthly, subject to appropriation by the
5General Assembly, as follows: (1) an amount equal to 0.5% of
6the annual adjusted gross receipts generated by the owners
7licensee under paragraph (1) of subsection (e-5) of Section 7
8to the home rule county in which the owners licensee is located
9for the purpose of enhancing the county's criminal justice
10system; and (2) the balance to the City of Chicago and shall be
11expended or obligated by the City of Chicago for pension
12payments in accordance with Public Act 99-506.
13    (c) Appropriations, as approved by the General Assembly,
14may be made from the State Gaming Fund to the Board (i) for the
15administration and enforcement of this Act and the Video
16Gaming Act, (ii) for distribution to the Illinois Department
17of State Police and to the Department of Revenue for the
18enforcement of this Act and the Video Gaming Act, and (iii) to
19the Department of Human Services for the administration of
20programs to treat problem gambling, including problem gambling
21from sports wagering. The Board's annual appropriations
22request must separately state its funding needs for the
23regulation of gaming authorized under Section 7.7, riverboat
24gaming, casino gaming, video gaming, and sports wagering.
25    (c-2) An amount equal to 2% of the adjusted gross receipts
26generated by an organization gaming facility located within a

 

 

SB2037- 1007 -LRB102 17120 WGH 22551 b

1home rule county with a population of over 3,000,000
2inhabitants shall be paid, subject to appropriation from the
3General Assembly, from the State Gaming Fund to the home rule
4county in which the organization gaming licensee is located
5for the purpose of enhancing the county's criminal justice
6system.
7    (c-3) Appropriations, as approved by the General Assembly,
8may be made from the tax revenue deposited into the State
9Gaming Fund from organization gaming licensees pursuant to
10this Section for the administration and enforcement of this
11Act.
12    (c-4) After payments required under subsections (b),
13(b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from
14the tax revenue from organization gaming licensees deposited
15into the State Gaming Fund under this Section, all remaining
16amounts from organization gaming licensees shall be
17transferred into the Capital Projects Fund.
18    (c-5) (Blank).
19    (c-10) Each year the General Assembly shall appropriate
20from the General Revenue Fund to the Education Assistance Fund
21an amount equal to the amount paid into the Horse Racing Equity
22Fund pursuant to subsection (c-5) in the prior calendar year.
23    (c-15) After the payments required under subsections (b),
24(c), and (c-5) have been made, an amount equal to 2% of the
25adjusted gross receipts of (1) an owners licensee that
26relocates pursuant to Section 11.2, (2) an owners licensee

 

 

SB2037- 1008 -LRB102 17120 WGH 22551 b

1conducting riverboat gambling operations pursuant to an owners
2license that is initially issued after June 25, 1999, or (3)
3the first riverboat gambling operations conducted by a
4licensed manager on behalf of the State under Section 7.3,
5whichever comes first, shall be paid, subject to appropriation
6from the General Assembly, from the State Gaming Fund to each
7home rule county with a population of over 3,000,000
8inhabitants for the purpose of enhancing the county's criminal
9justice system.
10    (c-20) Each year the General Assembly shall appropriate
11from the General Revenue Fund to the Education Assistance Fund
12an amount equal to the amount paid to each home rule county
13with a population of over 3,000,000 inhabitants pursuant to
14subsection (c-15) in the prior calendar year.
15    (c-21) After the payments required under subsections (b),
16(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have
17been made, an amount equal to 0.5% of the adjusted gross
18receipts generated by the owners licensee under paragraph (1)
19of subsection (e-5) of Section 7 shall be paid monthly,
20subject to appropriation from the General Assembly, from the
21State Gaming Fund to the home rule county in which the owners
22licensee is located for the purpose of enhancing the county's
23criminal justice system.
24    (c-22) After the payments required under subsections (b),
25(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and
26(c-21) have been made, an amount equal to 2% of the adjusted

 

 

SB2037- 1009 -LRB102 17120 WGH 22551 b

1gross receipts generated by the owners licensee under
2paragraph (5) of subsection (e-5) of Section 7 shall be paid,
3subject to appropriation from the General Assembly, from the
4State Gaming Fund to the home rule county in which the owners
5licensee is located for the purpose of enhancing the county's
6criminal justice system.
7    (c-25) From July 1, 2013 and each July 1 thereafter
8through July 1, 2019, $1,600,000 shall be transferred from the
9State Gaming Fund to the Chicago State University Education
10Improvement Fund.
11    On July 1, 2020 and each July 1 thereafter, $3,000,000
12shall be transferred from the State Gaming Fund to the Chicago
13State University Education Improvement Fund.
14    (c-30) On July 1, 2013 or as soon as possible thereafter,
15$92,000,000 shall be transferred from the State Gaming Fund to
16the School Infrastructure Fund and $23,000,000 shall be
17transferred from the State Gaming Fund to the Horse Racing
18Equity Fund.
19    (c-35) Beginning on July 1, 2013, in addition to any
20amount transferred under subsection (c-30) of this Section,
21$5,530,000 shall be transferred monthly from the State Gaming
22Fund to the School Infrastructure Fund.
23    (d) From time to time, the Board shall transfer the
24remainder of the funds generated by this Act into the
25Education Assistance Fund, created by Public Act 86-0018, of
26the State of Illinois.

 

 

SB2037- 1010 -LRB102 17120 WGH 22551 b

1    (e) Nothing in this Act shall prohibit the unit of local
2government designated as the home dock of the riverboat from
3entering into agreements with other units of local government
4in this State or in other states to share its portion of the
5tax revenue.
6    (f) To the extent practicable, the Board shall administer
7and collect the wagering taxes imposed by this Section in a
8manner consistent with the provisions of Sections 4, 5, 5a,
95b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of
10the Retailers' Occupation Tax Act and Section 3-7 of the
11Uniform Penalty and Interest Act.
12(Source: P.A. 101-31, Article 25, Section 25-910, eff.
136-28-19; 101-31, Article 35, Section 35-55, eff. 6-28-19;
14101-648, eff. 6-30-20.)
 
15    (230 ILCS 10/22)  (from Ch. 120, par. 2422)
16    Sec. 22. Criminal history record information. Whenever the
17Board is authorized or required by law to consider some aspect
18of criminal history record information for the purpose of
19carrying out its statutory powers and responsibilities, the
20Board shall, in the form and manner required by the Illinois
21Department of State Police and the Federal Bureau of
22Investigation, cause to be conducted a criminal history record
23investigation to obtain any information currently or
24thereafter contained in the files of the Illinois Department
25of State Police or the Federal Bureau of Investigation,

 

 

SB2037- 1011 -LRB102 17120 WGH 22551 b

1including, but not limited to, civil, criminal, and latent
2fingerprint databases. Each applicant for occupational
3licensing under Section 9 or key person as defined by the Board
4in administrative rules shall submit his or her fingerprints
5to the Illinois Department of State Police in the form and
6manner prescribed by the Illinois Department of State Police.
7These fingerprints shall be checked against the fingerprint
8records now and hereafter filed in the Illinois Department of
9State Police and Federal Bureau of Investigation criminal
10history records databases, including, but not limited to,
11civil, criminal, and latent fingerprint databases. The
12Illinois Department of State Police shall charge a fee for
13conducting the criminal history records check, which shall be
14deposited in the State Police Services Fund and shall not
15exceed the actual cost of the records check. The Illinois
16Department of State Police shall provide, on the Board's
17request, information concerning any criminal charges, and
18their disposition, currently or thereafter filed against any
19applicant, key person, or holder of any license or for
20determinations of suitability. Information obtained as a
21result of an investigation under this Section shall be used in
22determining eligibility for any license. Upon request and
23payment of fees in conformance with the requirements of
24Section 2605-400 of the Illinois Department of State Police
25Law (20 ILCS 2605/2605-400), the Illinois Department of State
26Police is authorized to furnish, pursuant to positive

 

 

SB2037- 1012 -LRB102 17120 WGH 22551 b

1identification, such information contained in State files as
2is necessary to fulfill the request.
3(Source: P.A. 101-597, eff. 12-6-19.)
 
4    Section 705. The Illinois Pull Tabs and Jar Games Act is
5amended by changing Sections 2.1 and 5 as follows:
 
6    (230 ILCS 20/2.1)
7    Sec. 2.1. Ineligibility for a license. The following are
8ineligible for any license under this Act:
9        (1) Any person convicted of any felony within the last
10    5 years where such conviction will impair the person's
11    ability to engage in the position for which a license is
12    sought.
13        (2) Any person convicted of a violation of Article 28
14    of the Criminal Code of 1961 or the Criminal Code of 2012
15    who has not been sufficiently rehabilitated following the
16    conviction.
17        (3) Any person who has had a bingo, pull tabs and jar
18    games, or charitable games license revoked by the
19    Department.
20        (4) Any person who is or has been a professional
21    gambler.
22        (5) Any person found gambling in a manner not
23    authorized by the Illinois Pull Tabs and Jar Games Act,
24    the Bingo License and Tax Act, or the Charitable Games

 

 

SB2037- 1013 -LRB102 17120 WGH 22551 b

1    Act, participating in such gambling, or knowingly
2    permitting such gambling on premises where pull tabs and
3    jar games are authorized to be conducted.
4        (6) Any firm or corporation in which a person defined
5    in (1), (2), (3), (4), or (5) has any proprietary,
6    equitable, or credit interest or in which such person is
7    active or employed.
8        (7) Any organization in which a person defined in (1),
9    (2), (3), (4), or (5) is an officer, director, or
10    employee, whether compensated or not.
11        (8) Any organization in which a person defined in (1),
12    (2), (3), (4), or (5) is to participate in the management
13    or operation of pull tabs and jar games.
14    The Illinois Department of State Police shall provide the
15criminal background of any supplier as requested by the
16Department of Revenue.
17(Source: P.A. 100-286, eff. 1-1-18.)
 
18    (230 ILCS 20/5)  (from Ch. 120, par. 1055)
19    Sec. 5. Payments; returns. There shall be paid to the
20Department of Revenue 5% of the gross proceeds of any pull tabs
21and jar games conducted under this Act. Such payments shall be
22made 4 times per year, between the first and the 20th day of
23April, July, October and January. Accompanying each payment
24shall be a return, on forms prescribed by the Department of
25Revenue. Failure to submit either the payment or the return

 

 

SB2037- 1014 -LRB102 17120 WGH 22551 b

1within the specified time shall result in suspension or
2revocation of the license. Tax returns filed pursuant to this
3Act shall not be confidential and shall be available for
4public inspection. All payments made to the Department of
5Revenue under this Act shall be deposited as follows:
6        (a) 50% shall be deposited in the Common School Fund;
7    and
8        (b) 50% shall be deposited in the Illinois Gaming Law
9    Enforcement Fund. Of the monies deposited in the Illinois
10    Gaming Law Enforcement Fund under this Section, the
11    General Assembly shall appropriate two-thirds to the
12    Department of Revenue, Illinois Department of State Police
13    and the Office of the Attorney General for State law
14    enforcement purposes, and one-third shall be appropriated
15    to the Department of Revenue for the purpose of
16    distribution in the form of grants to counties or
17    municipalities for law enforcement purposes. The amounts
18    of grants to counties or municipalities shall bear the
19    same ratio as the number of licenses issued in counties or
20    municipalities bears to the total number of licenses
21    issued in the State. In computing the number of licenses
22    issued in a county, licenses issued for locations within a
23    municipality's boundaries shall be excluded.
24    The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,
255g, 5h, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the
26Retailers' Occupation Tax Act, and Section 3-7 of the Uniform

 

 

SB2037- 1015 -LRB102 17120 WGH 22551 b

1Penalty and Interest Act, which are not inconsistent with this
2Act shall apply, as far as practicable, to the subject matter
3of this Act to the same extent as if such provisions were
4included in this Act. For the purposes of this Act, references
5in such incorporated Sections of the Retailers' Occupation Tax
6Act to retailers, sellers or persons engaged in the business
7of selling tangible personal property means persons engaged in
8conducting pull tabs and jar games and references in such
9incorporated Sections of the Retailers' Occupation Tax Act to
10sales of tangible personal property mean the conducting of
11pull tabs and jar games and the making of charges for
12participating in such drawings.
13    If any payment provided for in this Section exceeds the
14taxpayer's liabilities under this Act, as shown on an original
15return, the taxpayer may credit such excess payment against
16liability subsequently to be remitted to the Department under
17this Act, in accordance with reasonable rules adopted by the
18Department.
19(Source: P.A. 100-1171, eff. 1-4-19.)
 
20    Section 710. The Bingo License and Tax Act is amended by
21changing Section 1.2 as follows:
 
22    (230 ILCS 25/1.2)
23    Sec. 1.2. Ineligibility for licensure. The following are
24ineligible for any license under this Act:

 

 

SB2037- 1016 -LRB102 17120 WGH 22551 b

1        (1) Any person convicted of any felony within the last
2    5 years where such conviction will impair the person's
3    ability to engage in the position for which a license is
4    sought.
5        (2) Any person convicted of a violation of Article 28
6    of the Criminal Code of 1961 or the Criminal Code of 2012
7    who has not been sufficiently rehabilitated following the
8    conviction.
9        (3) Any person who has had a bingo, pull tabs and jar
10    games, or charitable games license revoked by the
11    Department.
12        (4) Any person who is or has been a professional
13    gambler.
14        (5) Any person found gambling in a manner not
15    authorized by the Illinois Pull Tabs and Jar Games Act,
16    Bingo License and Tax Act, or the Charitable Games Act,
17    participating in such gambling, or knowingly permitting
18    such gambling on premises where a bingo event is
19    authorized to be conducted or has been conducted.
20        (6) Any organization in which a person defined in (1),
21    (2), (3), (4), or (5) has a proprietary, equitable, or
22    credit interest, or in which such person is active or
23    employed.
24        (7) Any organization in which a person defined in (1),
25    (2), (3), (4), or (5) is an officer, director, or
26    employee, whether compensated or not.

 

 

SB2037- 1017 -LRB102 17120 WGH 22551 b

1        (8) Any organization in which a person defined in (1),
2    (2), (3), (4), or (5) is to participate in the management
3    or operation of a bingo game.
4    The Illinois Department of State Police shall provide the
5criminal background of any person requested by the Department
6of Revenue.
7(Source: P.A. 100-286, eff. 1-1-18.)
 
8    Section 715. The Charitable Games Act is amended by
9changing Sections 7 and 14 as follows:
 
10    (230 ILCS 30/7)  (from Ch. 120, par. 1127)
11    Sec. 7. Ineligible persons. The following are ineligible
12for any license under this Act:
13        (a) any person convicted of any felony within the last
14    5 years where such conviction will impair the person's
15    ability to engage in the position for which a license is
16    sought;
17        (b) any person convicted of a violation of Article 28
18    of the Criminal Code of 1961 or the Criminal Code of 2012
19    who has not been sufficiently rehabilitated following the
20    conviction;
21        (c) any person who has had a bingo, pull tabs and jar
22    games, or charitable games license revoked by the
23    Department;
24        (d) any person who is or has been a professional

 

 

SB2037- 1018 -LRB102 17120 WGH 22551 b

1    gambler;
2        (d-1) any person found gambling in a manner not
3    authorized by this Act, the Illinois Pull Tabs and Jar
4    Games Act, or the Bingo License and Tax Act participating
5    in such gambling, or knowingly permitting such gambling on
6    premises where an authorized charitable games event is
7    authorized to be conducted or has been conducted;
8        (e) any organization in which a person defined in (a),
9    (b), (c), (d), or (d-1) has a proprietary, equitable, or
10    credit interest, or in which the person is active or
11    employed;
12        (f) any organization in which a person defined in (a),
13    (b), (c), (d), or (d-1) is an officer, director, or
14    employee, whether compensated or not;
15        (g) any organization in which a person defined in (a),
16    (b), (c), (d), or (d-1) is to participate in the
17    management or operation of charitable games.
18    The Illinois Department of State Police shall provide the
19criminal background of any person requested by the Department
20of Revenue.
21(Source: P.A. 100-286, eff. 1-1-18.)
 
22    (230 ILCS 30/14)  (from Ch. 120, par. 1134)
23    Sec. 14. (a) There is hereby created the Illinois Gaming
24Law Enforcement Fund, a special fund in the State Treasury.
25    (b) The General Assembly shall appropriate two-thirds of

 

 

SB2037- 1019 -LRB102 17120 WGH 22551 b

1the monies in such fund to the Department of Revenue, Illinois
2Department of State Police and the Office of the Attorney
3General for State law enforcement purposes. The remaining
4one-third of the monies in such fund shall be appropriated to
5the Department of Revenue for the purpose of distribution in
6the form of grants to counties or municipalities for law
7enforcement purposes.
8    The amount of a grant to counties or municipalities shall
9bear the same ratio to the total amount of grants made as the
10number of licenses issued in counties or municipalities bears
11to the total number of licenses issued in the State. In
12computing the number of licenses issued in a county, licenses
13issued for locations within a municipality's boundaries shall
14be excluded.
15    (c) (Blank).
16(Source: P.A. 90-372, eff. 7-1-98.)
 
17    Section 720. The Video Gaming Act is amended by changing
18Section 45 as follows:
 
19    (230 ILCS 40/45)
20    Sec. 45. Issuance of license.
21    (a) The burden is upon each applicant to demonstrate his
22suitability for licensure. Each video gaming terminal
23manufacturer, distributor, supplier, operator, handler,
24licensed establishment, licensed truck stop establishment,

 

 

SB2037- 1020 -LRB102 17120 WGH 22551 b

1licensed large truck stop establishment, licensed fraternal
2establishment, and licensed veterans establishment shall be
3licensed by the Board. The Board may issue or deny a license
4under this Act to any person pursuant to the same criteria set
5forth in Section 9 of the Illinois Gambling Act.
6    (a-5) The Board shall not grant a license to a person who
7has facilitated, enabled, or participated in the use of
8coin-operated devices for gambling purposes or who is under
9the significant influence or control of such a person. For the
10purposes of this Act, "facilitated, enabled, or participated
11in the use of coin-operated amusement devices for gambling
12purposes" means that the person has been convicted of any
13violation of Article 28 of the Criminal Code of 1961 or the
14Criminal Code of 2012. If there is pending legal action
15against a person for any such violation, then the Board shall
16delay the licensure of that person until the legal action is
17resolved.
18    (b) Each person seeking and possessing a license as a
19video gaming terminal manufacturer, distributor, supplier,
20operator, handler, licensed establishment, licensed truck stop
21establishment, licensed large truck stop establishment,
22licensed fraternal establishment, or licensed veterans
23establishment shall submit to a background investigation
24conducted by the Board with the assistance of the Illinois
25State Police or other law enforcement. To the extent that the
26corporate structure of the applicant allows, the background

 

 

SB2037- 1021 -LRB102 17120 WGH 22551 b

1investigation shall include any or all of the following as the
2Board deems appropriate or as provided by rule for each
3category of licensure: (i) each beneficiary of a trust, (ii)
4each partner of a partnership, (iii) each member of a limited
5liability company, (iv) each director and officer of a
6publicly or non-publicly held corporation, (v) each
7stockholder of a non-publicly held corporation, (vi) each
8stockholder of 5% or more of a publicly held corporation, or
9(vii) each stockholder of 5% or more in a parent or subsidiary
10corporation.
11    (c) Each person seeking and possessing a license as a
12video gaming terminal manufacturer, distributor, supplier,
13operator, handler, licensed establishment, licensed truck stop
14establishment, licensed large truck stop establishment,
15licensed fraternal establishment, or licensed veterans
16establishment shall disclose the identity of every person,
17association, trust, corporation, or limited liability company
18having a greater than 1% direct or indirect pecuniary interest
19in the video gaming terminal operation for which the license
20is sought. If the disclosed entity is a trust, the application
21shall disclose the names and addresses of the beneficiaries;
22if a corporation, the names and addresses of all stockholders
23and directors; if a limited liability company, the names and
24addresses of all members; or if a partnership, the names and
25addresses of all partners, both general and limited.
26    (d) No person may be licensed as a video gaming terminal

 

 

SB2037- 1022 -LRB102 17120 WGH 22551 b

1manufacturer, distributor, supplier, operator, handler,
2licensed establishment, licensed truck stop establishment,
3licensed large truck stop establishment, licensed fraternal
4establishment, or licensed veterans establishment if that
5person has been found by the Board to:
6        (1) have a background, including a criminal record,
7    reputation, habits, social or business associations, or
8    prior activities that pose a threat to the public
9    interests of the State or to the security and integrity of
10    video gaming;
11        (2) create or enhance the dangers of unsuitable,
12    unfair, or illegal practices, methods, and activities in
13    the conduct of video gaming; or
14        (3) present questionable business practices and
15    financial arrangements incidental to the conduct of video
16    gaming activities.
17    (e) Any applicant for any license under this Act has the
18burden of proving his or her qualifications to the
19satisfaction of the Board. The Board may adopt rules to
20establish additional qualifications and requirements to
21preserve the integrity and security of video gaming in this
22State.
23    (f) A non-refundable application fee shall be paid at the
24time an application for a license is filed with the Board in
25the following amounts:
26        (1) Manufacturer..........................$5,000

 

 

SB2037- 1023 -LRB102 17120 WGH 22551 b

1        (2) Distributor...........................$5,000
2        (3) Terminal operator.....................$5,000
3        (4) Supplier..............................$2,500
4        (5) Technician..............................$100
5        (6) Terminal Handler........................$100
6        (7) Licensed establishment, licensed truck stop
7    establishment, licensed large truck stop establishment,
8    licensed fraternal establishment, or licensed
9    veterans establishment...............................$100
10    (g) The Board shall establish an annual fee for each
11license not to exceed the following:
12        (1) Manufacturer.........................$10,000
13        (2) Distributor..........................$10,000
14        (3) Terminal operator.....................$5,000
15        (4) Supplier..............................$2,000
16        (5) Technician..............................$100
17        (6) Licensed establishment, licensed truck stop
18    establishment, licensed large truck stop establishment,
19    licensed fraternal establishment, or licensed
20    veterans establishment..........................$100
21        (7) Video gaming terminal...................$100
22        (8) Terminal Handler............................$100 
23    (h) A terminal operator and a licensed establishment,
24licensed truck stop establishment, licensed large truck stop
25establishment, licensed fraternal establishment, or licensed
26veterans establishment shall equally split the fees specified

 

 

SB2037- 1024 -LRB102 17120 WGH 22551 b

1in item (7) of subsection (g).
2(Source: P.A. 100-1152, eff. 12-14-18; 101-31, eff. 6-28-19.)
 
3    Section 725. The Sports Wagering Act is amended by
4changing Section 25-20 as follows:
 
5    (230 ILCS 45/25-20)
6    Sec. 25-20. Licenses required.
7    (a) No person may engage in any activity in connection
8with sports wagering in this State unless all necessary
9licenses have been obtained in accordance with this Act and
10the rules of the Board and the Department. The following
11licenses shall be issued under this Act:
12        (1) master sports wagering license;
13        (2) occupational license;
14        (3) supplier license;
15        (4) management services provider license;
16        (5) tier 2 official league data provider license; and
17        (6) central system provider license.
18    No person or entity may engage in a sports wagering
19operation or activity without first obtaining the appropriate
20license.
21    (b) An applicant for a license issued under this Act shall
22submit an application to the Board in the form the Board
23requires. The applicant shall submit fingerprints for a
24national criminal records check by the Illinois Department of

 

 

SB2037- 1025 -LRB102 17120 WGH 22551 b

1State Police and the Federal Bureau of Investigation. The
2fingerprints shall be furnished by the applicant's owners,
3officers, and directors (if a corporation), managers and
4members (if a limited liability company), and partners (if a
5partnership). The fingerprints shall be accompanied by a
6signed authorization for the release of information by the
7Federal Bureau of Investigation. The Board may require
8additional background checks on licensees when they apply for
9license renewal, and an applicant convicted of a disqualifying
10offense shall not be licensed.
11    (c) Each master sports wagering licensee shall display the
12license conspicuously in the licensee's place of business or
13have the license available for inspection by an agent of the
14Board or a law enforcement agency.
15    (d) Each holder of an occupational license shall carry the
16license and have some indicia of licensure prominently
17displayed on his or her person when present in a gaming
18facility licensed under this Act at all times, in accordance
19with the rules of the Board.
20    (e) Each person licensed under this Act shall give the
21Board written notice within 30 days after a material change to
22information provided in the licensee's application for a
23license or renewal.
24(Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19.)
 
25    Section 730. The Liquor Control Act of 1934 is amended by

 

 

SB2037- 1026 -LRB102 17120 WGH 22551 b

1changing Sections 4-7 and 10-1 as follows:
 
2    (235 ILCS 5/4-7)  (from Ch. 43, par. 114a)
3    Sec. 4-7. The local liquor control commissioner shall have
4the right to require fingerprints of any applicant for a local
5license or for a renewal thereof other than an applicant who is
6an air carrier operating under a certificate or a foreign air
7permit issued pursuant to the Federal Aviation Act of 1958.
8Each applicant shall submit his or her fingerprints to the
9Illinois Department of State Police in the form and manner
10prescribed by the Illinois Department of State Police. These
11fingerprints shall be checked against the fingerprint records
12now and hereafter filed in the Illinois Department of State
13Police and Federal Bureau of Investigation criminal history
14records databases. The Illinois Department of State Police
15shall charge a fee for conducting the criminal history records
16check, which shall be deposited in the State Police Services
17Fund and shall not exceed the actual cost of the records check.
18The Illinois Department of State Police shall furnish pursuant
19to positive identification, records of conviction to the local
20liquor control commissioner. For purposes of obtaining
21fingerprints under this Section, the local liquor commissioner
22shall collect a fee and forward the fee to the appropriate
23policing body who shall submit the fingerprints and the fee to
24the Illinois Department of State Police.
25(Source: P.A. 93-418, eff. 1-1-04.)
 

 

 

SB2037- 1027 -LRB102 17120 WGH 22551 b

1    (235 ILCS 5/10-1)  (from Ch. 43, par. 183)
2    Sec. 10-1. Violations; penalties. Whereas a substantial
3threat to the sound and careful control, regulation, and
4taxation of the manufacture, sale, and distribution of
5alcoholic liquors exists by virtue of individuals who
6manufacture, import, distribute, or sell alcoholic liquors
7within the State without having first obtained a valid license
8to do so, and whereas such threat is especially serious along
9the borders of this State, and whereas such threat requires
10immediate correction by this Act, by active investigation and
11prosecution by the State Commission, law enforcement
12officials, and prosecutors, and by prompt and strict
13enforcement through the courts of this State to punish
14violators and to deter such conduct in the future:
15    (a) Any person who manufactures, imports for distribution
16or use, transports from outside this State into this State, or
17distributes or sells 108 liters (28.53 gallons) or more of
18wine, 45 liters (11.88 gallons) or more of distilled spirits,
19or 118 liters (31.17 gallons) or more of beer at any place
20within the State without having first obtained a valid license
21to do so under the provisions of this Act shall be guilty of a
22Class 4 felony for each offense. However, any person who was
23duly licensed under this Act and whose license expired within
2430 days prior to a violation shall be guilty of a business
25offense and fined not more than $1,000 for the first such

 

 

SB2037- 1028 -LRB102 17120 WGH 22551 b

1offense and shall be guilty of a Class 4 felony for each
2subsequent offense.
3    Any person who manufactures, imports for distribution,
4transports from outside this State into this State for sale or
5resale in this State, or distributes or sells less than 108
6liters (28.53 gallons) of wine, less than 45 liters (11.88
7gallons) of distilled spirits, or less than 118 liters (31.17
8gallons) of beer at any place within the State without having
9first obtained a valid license to do so under the provisions of
10this Act shall be guilty of a business offense and fined not
11more than $1,000 for the first such offense and shall be guilty
12of a Class 4 felony for each subsequent offense. This
13subsection does not apply to a motor carrier or freight
14forwarder, as defined in Section 13102 of Title 49 of the
15United States Code, an air carrier, as defined in Section
1640102 of Title 49 of the United States Code, or a rail carrier,
17as defined in Section 10102 of Title 49 of the United States
18Code.
19    Any person who: (1) has been issued an initial cease and
20desist notice from the State Commission; and (2) for
21compensation, does any of the following: (i) ships alcoholic
22liquor into this State without a license authorized by Section
235-1 issued by the State Commission or in violation of that
24license; or (ii) manufactures, imports for distribution,
25transports from outside this State into this State for sale or
26resale in this State, or distributes or sells alcoholic

 

 

SB2037- 1029 -LRB102 17120 WGH 22551 b

1liquors at any place without having first obtained a valid
2license to do so is guilty of a Class 4 felony for each
3offense.
4    (b) (1) Any retailer, caterer retailer, brew pub, special
5event retailer, special use permit holder, homebrewer special
6event permit holder, or craft distiller tasting permit holder
7who knowingly causes alcoholic liquors to be imported directly
8into the State of Illinois from outside of the State for the
9purpose of furnishing, giving, or selling to another, except
10when having received the product from a duly licensed
11distributor or importing distributor, shall have his license
12suspended for 30 days for the first offense and for the second
13offense, shall have his license revoked by the Commission.
14    (2) In the event the State Commission receives a certified
15copy of a final order from a foreign jurisdiction that an
16Illinois retail licensee has been found to have violated that
17foreign jurisdiction's laws, rules, or regulations concerning
18the importation of alcoholic liquor into that foreign
19jurisdiction, the violation may be grounds for the State
20Commission to revoke, suspend, or refuse to issue or renew a
21license, to impose a fine, or to take any additional action
22provided by this Act with respect to the Illinois retail
23license or licensee. Any such action on the part of the State
24Commission shall be in accordance with this Act and
25implementing rules.
26    For the purposes of paragraph (2): (i) "foreign

 

 

SB2037- 1030 -LRB102 17120 WGH 22551 b

1jurisdiction" means a state, territory, or possession of the
2United States, the District of Columbia, or the Commonwealth
3of Puerto Rico, and (ii) "final order" means an order or
4judgment of a court or administrative body that determines the
5rights of the parties respecting the subject matter of the
6proceeding, that remains in full force and effect, and from
7which no appeal can be taken.
8    (c) Any person who shall make any false statement or
9otherwise violates any of the provisions of this Act in
10obtaining any license hereunder, or who having obtained a
11license hereunder shall violate any of the provisions of this
12Act with respect to the manufacture, possession, distribution
13or sale of alcoholic liquor, or with respect to the
14maintenance of the licensed premises, or shall violate any
15other provision of this Act, shall for a first offense be
16guilty of a petty offense and fined not more than $500, and for
17a second or subsequent offense shall be guilty of a Class B
18misdemeanor.
19    (c-5) Any owner of an establishment that serves alcohol on
20its premises, if more than 50% of the establishment's gross
21receipts within the prior 3 months is from the sale of alcohol,
22who knowingly fails to prohibit concealed firearms on its
23premises or who knowingly makes a false statement or record to
24avoid the prohibition of concealed firearms on its premises
25under the Firearm Concealed Carry Act shall be guilty of a
26business offense with a fine up to $5,000.

 

 

SB2037- 1031 -LRB102 17120 WGH 22551 b

1    (d) Each day any person engages in business as a
2manufacturer, foreign importer, importing distributor,
3distributor or retailer in violation of the provisions of this
4Act shall constitute a separate offense.
5    (e) Any person, under the age of 21 years who, for the
6purpose of buying, accepting or receiving alcoholic liquor
7from a licensee, represents that he is 21 years of age or over
8shall be guilty of a Class A misdemeanor.
9    (f) In addition to the penalties herein provided, any
10person licensed as a wine-maker in either class who
11manufactures more wine than authorized by his license shall be
12guilty of a business offense and shall be fined $1 for each
13gallon so manufactured.
14    (g) A person shall be exempt from prosecution for a
15violation of this Act if he is a peace officer in the
16enforcement of the criminal laws and such activity is approved
17in writing by one of the following:
18        (1) In all counties, the respective State's Attorney;
19        (2) The Director of the Illinois State Police under
20    Section 2605-10, 2605-15, 2605-51, 2605-52, 2605-75,
21    2605-100, 2605-105, 2605-110, 2605-115, 2605-120,
22    2605-130, 2605-140, 2605-190, 2605-200, 2605-205,
23    2605-210, 2605-215, 2605-250, 2605-275, 2605-300,
24    2605-305, 2605-315, 2605-325, 2605-335, 2605-340,
25    2605-350, 2605-355, 2605-360, 2605-365, 2605-375,
26    2605-390, 2605-400, 2605-405, 2605-420, 2605-430,

 

 

SB2037- 1032 -LRB102 17120 WGH 22551 b

1    2605-435, 2605-500, 2605-525, or 2605-550 of the Illinois
2    Department of State Police Law (20 ILCS 2605/2605-10,
3    2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,
4    2605/2605-110, 2605/2605-115, 2605/2605-120,
5    2605/2605-130, 2605/2605-140, 2605/2605-190,
6    2605/2605-200, 2605/2605-205, 2605/2605-210,
7    2605/2605-215, 2605/2605-250, 2605/2605-275,
8    2605/2605-300, 2605/2605-305, 2605/2605-315,
9    2605/2605-325, 2605/2605-335, 2605/2605-340,
10    2605/2605-350, 2605/2605-355, 2605/2605-360,
11    2605/2605-365, 2605/2605-375, 2605/2605-390,
12    2605/2605-400, 2605/2605-405, 2605/2605-420,
13    2605/2605-430, 2605/2605-435, 2605/2605-500,
14    2605/2605-525, or 2605/2605-550); or
15        (3) In cities over 1,000,000, the Superintendent of
16    Police.
17(Source: P.A. 101-37, eff. 7-3-19.)
 
18    Section 735. The Illinois Public Aid Code is amended by
19changing Sections 8A-7, 9A-11.5, 10-3.4, and 12-4.25 as
20follows:
 
21    (305 ILCS 5/8A-7)  (from Ch. 23, par. 8A-7)
22    Sec. 8A-7. Civil Remedies. (a) A person who receives
23financial aid by means of a false statement, willful
24misrepresentation or by his failure to notify the county

 

 

SB2037- 1033 -LRB102 17120 WGH 22551 b

1department or local governmental unit, as the case may be, of a
2change in his status as required by Sections 11-18 and 11-19,
3for the purpose of preventing the denial, cancellation or
4suspension of his grant, or a variation in the amount thereof,
5or by other fraudulent device, or a person who knowingly aids
6or abets any person in obtaining financial aid for which he is
7not eligible, shall be answerable to the county department or
8the local governmental unit, as the case may be, for refunding
9the entire amount of aid received. If the refund is not made,
10it shall be recoverable in a civil action from the person who
11received the aid, or from anyone who willfully aided such
12person to obtain the aid. If an act which would be unlawful
13under Section 8A-2 is proven, the court may as a penalty assess
14an additional sum of money, not to exceed the entire amount of
15aid provided, against the recipient or against any person who
16willfully aided the recipient. If assessed, the penalty shall
17be included in any judgment entered for the aid received, and
18paid to the county department or the local governmental unit,
19as the case may be. Upon entry of the judgment a lien shall
20attach to all property and assets of such person until the
21judgment is satisfied.
22    (b) Any person, firm, corporation, association, agency,
23institution or other legal entity, other than an individual
24recipient, that willfully, by means of a false statement or
25representation, or by concealment of any material fact or by
26other fraudulent scheme or device on behalf of himself or

 

 

SB2037- 1034 -LRB102 17120 WGH 22551 b

1others, obtains or attempts to obtain benefits or payments
2under this Code to which he or it is not entitled, or in a
3greater amount than that to which he or it is entitled, shall
4be liable for repayment of any excess benefits or payments
5received and, in addition to any other penalties provided by
6law, civil penalties consisting of (1) the interest on the
7amount of excess benefits or payments at the maximum legal
8rate in effect on the date the payment was made to such person,
9firm, corporation, association, agency, institution or other
10legal entity for the period from the date upon which payment
11was made to the date upon which repayment is made to the State,
12(2) an amount not to exceed 3 times the amount of such excess
13benefits or payments, and (3) the sum of $2,000 for each
14excessive claim for benefits or payments. Upon entry of a
15judgment for repayment of any excess benefits or payments, or
16for any civil penalties assessed by the court, a lien shall
17attach to all property and assets of such person, firm,
18corporation, association, agency, institution or other legal
19entity until the judgment is satisfied.
20    (c) Civil recoveries provided for in this Section may be
21recoverable in court proceedings initiated by the Attorney
22General or, in actions involving a local governmental unit, by
23the State's Attorney.
24    (d) Any person who commits the offense of vendor fraud or
25recipient fraud as defined in Section 8A-2 and Section 8A-3 of
26this Article shall forfeit, according to the provisions of

 

 

SB2037- 1035 -LRB102 17120 WGH 22551 b

1this subsection, any monies, profits or proceeds, and any
2interest or property which the sentencing court determines he
3has acquired or maintained, directly or indirectly, in whole
4or in part as a result of such offense. Such person shall also
5forfeit any interest in, securities of, claim against, or
6contractual right of any kind which affords him a source of
7influence over, any enterprise which he has established,
8operated, controlled, conducted, or participated in
9conducting, where his relationship to or connection with any
10such thing or activity directly or indirectly, in whole or in
11part, is traceable to any thing or benefit which he has
12obtained or acquired through vendor fraud or recipient fraud.
13    Proceedings instituted pursuant to this subsection shall
14be subject to and conducted in accordance with the following
15procedures:
16    (1) The sentencing court shall, upon petition by the
17Attorney General or State's Attorney at any time following
18sentencing, conduct a hearing to determine whether any
19property or property interest is subject to forfeiture under
20this subsection. At the forfeiture hearing the People shall
21have the burden of establishing, by a preponderance of the
22evidence, that the property or property interests are subject
23to such forfeiture.
24    (2) In any action brought by the People of the State of
25Illinois under this Section, in which any restraining order,
26injunction or prohibition or any other action in connection

 

 

SB2037- 1036 -LRB102 17120 WGH 22551 b

1with any property or interest subject to forfeiture under this
2subsection is sought, the circuit court presiding over the
3trial of the person charged with recipient fraud or vendor
4fraud as defined in Sections 8A-2 or 8A-3 of this Article shall
5first determine whether there is probable cause to believe
6that the person so charged has committed the offense of
7recipient fraud or vendor fraud and whether the property or
8interest is subject to forfeiture under this subsection. To
9make such a determination, prior to entering any such order,
10the court shall conduct a hearing without a jury, at which the
11People shall establish that there is (i) probable cause that
12the person so charged has committed the offense of recipient
13fraud or vendor fraud and (ii) probable cause that any
14property or interest may be subject to forfeiture pursuant to
15this subsection. Such hearing may be conducted simultaneously
16with a preliminary hearing, if the prosecution is commenced by
17information or complaint, or by motion of the People at any
18stage in the proceedings. The court may accept a finding of
19probable cause at a preliminary hearing following the filing
20of an information charging the offense of recipient fraud or
21vendor fraud as defined in Sections 8A-2 or 8A-3 or the return
22of an indictment by a grand jury charging the offense of
23recipient fraud or vendor fraud as defined in Sections 8A-2 or
248A-3 of this Article as sufficient evidence of probable cause
25as provided in item (i) above. Upon such a finding, the circuit
26court shall enter such restraining order, injunction or

 

 

SB2037- 1037 -LRB102 17120 WGH 22551 b

1prohibition, or shall take such other action in connection
2with any such property or other interest subject to forfeiture
3under this Act as is necessary to insure that such property is
4not removed from the jurisdiction of the court, concealed,
5destroyed or otherwise disposed of by the owner of that
6property or interest prior to a forfeiture hearing under this
7subsection. The Attorney General or State's Attorney shall
8file a certified copy of such restraining order, injunction or
9other prohibition with the recorder of deeds or registrar of
10titles of each county where any such property of the defendant
11may be located. No such injunction, restraining order or other
12prohibition shall affect the rights of any bonafide purchaser,
13mortgagee, judgement creditor or other lien holder arising
14prior to the date of such filing. The court may, at any time,
15upon verified petition by the defendant, conduct a hearing to
16determine whether all or portions of any such property or
17interest which the court previously determined to be subject
18to forfeiture or subject to any restraining order, injunction,
19or prohibition or other action, should be released. The court
20may in its discretion release such property to the defendant
21for good cause shown.
22    (3) Upon conviction of a person under this Article, the
23court shall authorize the Director of the Illinois Department
24of State Police to seize all property or other interest
25declared forfeited under this subsection upon such terms and
26conditions as the court shall deem proper.

 

 

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1    (4) The Director of the Illinois Department of State
2Police is authorized to sell all property forfeited and seized
3pursuant to this subsection, unless such property is required
4by law to be destroyed or is harmful to the public. After the
5deduction of all requisite expenses of administration and
6sale, the court shall order the Director to distribute to the
7Illinois Department an amount from the proceeds of the
8forfeited property, or monies forfeited or seized, which will
9satisfy any unsatisfied court order of restitution entered
10pursuant to a conviction under this Article. If the proceeds
11are less than the amount necessary to satisfy the order of
12restitution, the Director shall distribute to the Illinois
13Department the entire amount of the remaining proceeds. The
14Director shall distribute any remaining proceeds of such sale,
15along with any monies forfeited or seized, in accordance with
16the following schedules:
17    (a) 25% shall be distributed to the unit of local
18government whose officers or employees conducted the
19investigation into recipient fraud or vendor fraud and caused
20the arrest or arrests and prosecution leading to the
21forfeiture. Amounts distributed to units of local government
22shall be used solely for enforcement matters relating to
23detection, investigation or prosecution of recipient fraud or
24vendor fraud as defined in Section 8A-2 or 8A-3 of this
25Article. Where the investigation, arrest or arrests leading to
26the prosecution and forfeiture is undertaken solely by the

 

 

SB2037- 1039 -LRB102 17120 WGH 22551 b

1Illinois Department of State Police, the portion provided
2hereunder shall be paid into the Medicaid Fraud and Abuse
3Prevention Fund, which is hereby created in the State
4treasury. Monies from this fund shall be used by the Illinois
5Department of State Police for the furtherance of enforcement
6matters relating to detection, investigation or prosecution of
7recipient fraud or vendor fraud. Monies directed to this fund
8shall be used in addition to, and not as a substitute for,
9funds annually appropriated to the Illinois Department of
10State Police for medicaid fraud enforcement.
11    (b) 25% shall be distributed to the county in which the
12prosecution and petition for forfeiture resulting in the
13forfeiture was instituted, and deposited in a special fund in
14the county treasury and appropriated to the State's Attorney
15for use solely in enforcement matters relating to detection,
16investigation or prosecution of recipient fraud or vendor
17fraud; however, if the Attorney General brought the
18prosecution resulting in the forfeiture, the portion provided
19hereunder shall be paid into the Medicaid Fraud and Abuse
20Prevention Fund, to be used by the Medicaid Fraud Control Unit
21of the Illinois Department of State Police for enforcement
22matters relating to detection, investigation or prosecution of
23recipient fraud or vendor fraud. Where the Attorney General
24and a State's Attorney have jointly participated in any
25portion of the proceedings, 12.5% shall be distributed to the
26county in which the prosecution resulting in the forfeiture

 

 

SB2037- 1040 -LRB102 17120 WGH 22551 b

1was instituted, and used as specified herein, and 12.5% shall
2be paid into the Medicaid Fraud and Abuse Prevention Fund, and
3used as specified herein.
4    (c) 50% shall be transmitted to the State Treasurer for
5deposit in the General Revenue Fund.
6(Source: P.A. 85-707.)
 
7    (305 ILCS 5/9A-11.5)
8    Sec. 9A-11.5. Investigate child care providers.
9    (a) Any child care provider receiving funds from the child
10care assistance program under this Code who is not required to
11be licensed under the Child Care Act of 1969 shall, as a
12condition of eligibility to participate in the child care
13assistance program under this Code, authorize in writing on a
14form prescribed by the Department of Children and Family
15Services, periodic investigations of the Central Register, as
16defined in the Abused and Neglected Child Reporting Act, to
17ascertain if the child care provider has been determined to be
18a perpetrator in an indicated report of child abuse or
19neglect. The Department of Children and Family Services shall
20conduct an investigation of the Central Register at the
21request of the Department.
22    (b) Any child care provider, other than a relative of the
23child, receiving funds from the child care assistance program
24under this Code who is not required to be licensed under the
25Child Care Act of 1969 shall, as a condition of eligibility to

 

 

SB2037- 1041 -LRB102 17120 WGH 22551 b

1participate in the child care assistance program under this
2Code, authorize in writing a State and Federal Bureau of
3Investigation fingerprint-based criminal history record check
4to determine if the child care provider has ever been
5convicted of a crime with respect to which the conviction has
6not been overturned and the criminal records have not been
7sealed or expunged. Upon this authorization, the Department
8shall request and receive information and assistance from any
9federal or State governmental agency as part of the authorized
10criminal history record check. The Illinois Department of
11State Police shall provide information concerning any
12conviction that has not been overturned and with respect to
13which the criminal records have not been sealed or expunged,
14whether the conviction occurred before or on or after the
15effective date of this amendatory Act of the 96th General
16Assembly, of a child care provider upon the request of the
17Department when the request is made in the form and manner
18required by the Illinois Department of State Police. The
19Illinois Department of State Police shall charge a fee not to
20exceed the cost of processing the criminal history record
21check. The fee is to be deposited into the State Police
22Services Fund. Any information concerning convictions that
23have not been overturned and with respect to which the
24criminal records have not been sealed or expunged obtained by
25the Department is confidential and may not be transmitted (i)
26outside the Department except as required in this Section or

 

 

SB2037- 1042 -LRB102 17120 WGH 22551 b

1(ii) to anyone within the Department except as needed for the
2purposes of determining participation in the child care
3assistance program. A copy of the criminal history record
4check obtained from the Illinois Department of State Police
5shall be provided to the unlicensed child care provider.
6    (c) The Department shall by rule set standards for
7determining when to disqualify an unlicensed child care
8provider for payment because (i) there is an indicated finding
9against the provider based on the results of the Central
10Register search or (ii) there is a disqualifying criminal
11charge pending against the provider or the provider has a
12disqualifying criminal conviction that has not been overturned
13and with respect to which the criminal records have not been
14expunged or sealed based on the results of the
15fingerprint-based Illinois Department of State Police and
16Federal Bureau of Investigation criminal history record check.
17In determining whether to disqualify an unlicensed child care
18provider for payment under this subsection, the Department
19shall consider the nature and gravity of any offense or
20offenses; the time that has passed since the offense or
21offenses or the completion of the criminal sentence or both;
22and the relationship of the offense or offenses to the
23responsibilities of the child care provider.
24(Source: P.A. 96-632, eff. 8-24-09.)
 
25    (305 ILCS 5/10-3.4)

 

 

SB2037- 1043 -LRB102 17120 WGH 22551 b

1    Sec. 10-3.4. Obtaining location information.
2    (a) The Illinois Department shall enter into agreements
3with the Illinois Department of State Police and the Secretary
4of State to obtain location information on persons for the
5purpose of establishing paternity, and establishing,
6modifying, and enforcing child support obligations.
7    (b) Upon request, the Illinois Department shall provide
8information obtained pursuant to this Section to federal
9agencies and other states' agencies conducting child support
10enforcement activities under Title IV, Part D of the Social
11Security Act.
12(Source: P.A. 90-18, eff. 7-1-97.)
 
13    (305 ILCS 5/12-4.25)  (from Ch. 23, par. 12-4.25)
14    Sec. 12-4.25. Medical assistance program; vendor
15participation.
16    (A) The Illinois Department may deny, suspend, or
17terminate the eligibility of any person, firm, corporation,
18association, agency, institution or other legal entity to
19participate as a vendor of goods or services to recipients
20under the medical assistance program under Article V, or may
21exclude any such person or entity from participation as such a
22vendor, and may deny, suspend, or recover payments, if after
23reasonable notice and opportunity for a hearing the Illinois
24Department finds:
25        (a) Such vendor is not complying with the Department's

 

 

SB2037- 1044 -LRB102 17120 WGH 22551 b

1    policy or rules and regulations, or with the terms and
2    conditions prescribed by the Illinois Department in its
3    vendor agreement, which document shall be developed by the
4    Department as a result of negotiations with each vendor
5    category, including physicians, hospitals, long term care
6    facilities, pharmacists, optometrists, podiatric
7    physicians, and dentists setting forth the terms and
8    conditions applicable to the participation of each vendor
9    group in the program; or
10        (b) Such vendor has failed to keep or make available
11    for inspection, audit or copying, after receiving a
12    written request from the Illinois Department, such records
13    regarding payments claimed for providing services. This
14    section does not require vendors to make available patient
15    records of patients for whom services are not reimbursed
16    under this Code; or
17        (c) Such vendor has failed to furnish any information
18    requested by the Department regarding payments for
19    providing goods or services; or
20        (d) Such vendor has knowingly made, or caused to be
21    made, any false statement or representation of a material
22    fact in connection with the administration of the medical
23    assistance program; or
24        (e) Such vendor has furnished goods or services to a
25    recipient which are (1) in excess of need, (2) harmful, or
26    (3) of grossly inferior quality, all of such

 

 

SB2037- 1045 -LRB102 17120 WGH 22551 b

1    determinations to be based upon competent medical judgment
2    and evaluations; or
3        (f) The vendor; a person with management
4    responsibility for a vendor; an officer or person owning,
5    either directly or indirectly, 5% or more of the shares of
6    stock or other evidences of ownership in a corporate
7    vendor; an owner of a sole proprietorship which is a
8    vendor; or a partner in a partnership which is a vendor,
9    either:
10            (1) was previously terminated, suspended, or
11        excluded from participation in the Illinois medical
12        assistance program, or was terminated, suspended, or
13        excluded from participation in another state or
14        federal medical assistance or health care program; or
15            (2) was a person with management responsibility
16        for a vendor previously terminated, suspended, or
17        excluded from participation in the Illinois medical
18        assistance program, or terminated, suspended, or
19        excluded from participation in another state or
20        federal medical assistance or health care program
21        during the time of conduct which was the basis for that
22        vendor's termination, suspension, or exclusion; or
23            (3) was an officer, or person owning, either
24        directly or indirectly, 5% or more of the shares of
25        stock or other evidences of ownership in a corporate
26        or limited liability company vendor previously

 

 

SB2037- 1046 -LRB102 17120 WGH 22551 b

1        terminated, suspended, or excluded from participation
2        in the Illinois medical assistance program, or
3        terminated, suspended, or excluded from participation
4        in a state or federal medical assistance or health
5        care program during the time of conduct which was the
6        basis for that vendor's termination, suspension, or
7        exclusion; or
8            (4) was an owner of a sole proprietorship or
9        partner of a partnership previously terminated,
10        suspended, or excluded from participation in the
11        Illinois medical assistance program, or terminated,
12        suspended, or excluded from participation in a state
13        or federal medical assistance or health care program
14        during the time of conduct which was the basis for that
15        vendor's termination, suspension, or exclusion; or
16        (f-1) Such vendor has a delinquent debt owed to the
17    Illinois Department; or
18        (g) The vendor; a person with management
19    responsibility for a vendor; an officer or person owning,
20    either directly or indirectly, 5% or more of the shares of
21    stock or other evidences of ownership in a corporate or
22    limited liability company vendor; an owner of a sole
23    proprietorship which is a vendor; or a partner in a
24    partnership which is a vendor, either:
25            (1) has engaged in practices prohibited by
26        applicable federal or State law or regulation; or

 

 

SB2037- 1047 -LRB102 17120 WGH 22551 b

1            (2) was a person with management responsibility
2        for a vendor at the time that such vendor engaged in
3        practices prohibited by applicable federal or State
4        law or regulation; or
5            (3) was an officer, or person owning, either
6        directly or indirectly, 5% or more of the shares of
7        stock or other evidences of ownership in a vendor at
8        the time such vendor engaged in practices prohibited
9        by applicable federal or State law or regulation; or
10            (4) was an owner of a sole proprietorship or
11        partner of a partnership which was a vendor at the time
12        such vendor engaged in practices prohibited by
13        applicable federal or State law or regulation; or
14        (h) The direct or indirect ownership of the vendor
15    (including the ownership of a vendor that is a sole
16    proprietorship, a partner's interest in a vendor that is a
17    partnership, or ownership of 5% or more of the shares of
18    stock or other evidences of ownership in a corporate
19    vendor) has been transferred by an individual who is
20    terminated, suspended, or excluded or barred from
21    participating as a vendor to the individual's spouse,
22    child, brother, sister, parent, grandparent, grandchild,
23    uncle, aunt, niece, nephew, cousin, or relative by
24    marriage.
25    (A-5) The Illinois Department may deny, suspend, or
26terminate the eligibility of any person, firm, corporation,

 

 

SB2037- 1048 -LRB102 17120 WGH 22551 b

1association, agency, institution, or other legal entity to
2participate as a vendor of goods or services to recipients
3under the medical assistance program under Article V, or may
4exclude any such person or entity from participation as such a
5vendor, if, after reasonable notice and opportunity for a
6hearing, the Illinois Department finds that the vendor; a
7person with management responsibility for a vendor; an officer
8or person owning, either directly or indirectly, 5% or more of
9the shares of stock or other evidences of ownership in a
10corporate vendor; an owner of a sole proprietorship that is a
11vendor; or a partner in a partnership that is a vendor has been
12convicted of an offense based on fraud or willful
13misrepresentation related to any of the following:
14        (1) The medical assistance program under Article V of
15    this Code.
16        (2) A medical assistance or health care program in
17    another state.
18        (3) The Medicare program under Title XVIII of the
19    Social Security Act.
20        (4) The provision of health care services.
21        (5) A violation of this Code, as provided in Article
22    VIIIA, or another state or federal medical assistance
23    program or health care program.
24    (A-10) The Illinois Department may deny, suspend, or
25terminate the eligibility of any person, firm, corporation,
26association, agency, institution, or other legal entity to

 

 

SB2037- 1049 -LRB102 17120 WGH 22551 b

1participate as a vendor of goods or services to recipients
2under the medical assistance program under Article V, or may
3exclude any such person or entity from participation as such a
4vendor, if, after reasonable notice and opportunity for a
5hearing, the Illinois Department finds that (i) the vendor,
6(ii) a person with management responsibility for a vendor,
7(iii) an officer or person owning, either directly or
8indirectly, 5% or more of the shares of stock or other
9evidences of ownership in a corporate vendor, (iv) an owner of
10a sole proprietorship that is a vendor, or (v) a partner in a
11partnership that is a vendor has been convicted of an offense
12related to any of the following:
13        (1) Murder.
14        (2) A Class X felony under the Criminal Code of 1961 or
15    the Criminal Code of 2012.
16        (3) Sexual misconduct that may subject recipients to
17    an undue risk of harm.
18        (4) A criminal offense that may subject recipients to
19    an undue risk of harm.
20        (5) A crime of fraud or dishonesty.
21        (6) A crime involving a controlled substance.
22        (7) A misdemeanor relating to fraud, theft,
23    embezzlement, breach of fiduciary responsibility, or other
24    financial misconduct related to a health care program.
25    (A-15) The Illinois Department may deny the eligibility of
26any person, firm, corporation, association, agency,

 

 

SB2037- 1050 -LRB102 17120 WGH 22551 b

1institution, or other legal entity to participate as a vendor
2of goods or services to recipients under the medical
3assistance program under Article V if, after reasonable notice
4and opportunity for a hearing, the Illinois Department finds:
5        (1) The applicant or any person with management
6    responsibility for the applicant; an officer or member of
7    the board of directors of an applicant; an entity owning
8    (directly or indirectly) 5% or more of the shares of stock
9    or other evidences of ownership in a corporate vendor
10    applicant; an owner of a sole proprietorship applicant; a
11    partner in a partnership applicant; or a technical or
12    other advisor to an applicant has a debt owed to the
13    Illinois Department, and no payment arrangements
14    acceptable to the Illinois Department have been made by
15    the applicant.
16        (2) The applicant or any person with management
17    responsibility for the applicant; an officer or member of
18    the board of directors of an applicant; an entity owning
19    (directly or indirectly) 5% or more of the shares of stock
20    or other evidences of ownership in a corporate vendor
21    applicant; an owner of a sole proprietorship applicant; a
22    partner in a partnership vendor applicant; or a technical
23    or other advisor to an applicant was (i) a person with
24    management responsibility, (ii) an officer or member of
25    the board of directors of an applicant, (iii) an entity
26    owning (directly or indirectly) 5% or more of the shares

 

 

SB2037- 1051 -LRB102 17120 WGH 22551 b

1    of stock or other evidences of ownership in a corporate
2    vendor, (iv) an owner of a sole proprietorship, (v) a
3    partner in a partnership vendor, (vi) a technical or other
4    advisor to a vendor, during a period of time where the
5    conduct of that vendor resulted in a debt owed to the
6    Illinois Department, and no payment arrangements
7    acceptable to the Illinois Department have been made by
8    that vendor.
9        (3) There is a credible allegation of the use,
10    transfer, or lease of assets of any kind to an applicant
11    from a current or prior vendor who has a debt owed to the
12    Illinois Department, no payment arrangements acceptable to
13    the Illinois Department have been made by that vendor or
14    the vendor's alternate payee, and the applicant knows or
15    should have known of such debt.
16        (4) There is a credible allegation of a transfer of
17    management responsibilities, or direct or indirect
18    ownership, to an applicant from a current or prior vendor
19    who has a debt owed to the Illinois Department, and no
20    payment arrangements acceptable to the Illinois Department
21    have been made by that vendor or the vendor's alternate
22    payee, and the applicant knows or should have known of
23    such debt.
24        (5) There is a credible allegation of the use,
25    transfer, or lease of assets of any kind to an applicant
26    who is a spouse, child, brother, sister, parent,

 

 

SB2037- 1052 -LRB102 17120 WGH 22551 b

1    grandparent, grandchild, uncle, aunt, niece, relative by
2    marriage, nephew, cousin, or relative of a current or
3    prior vendor who has a debt owed to the Illinois
4    Department and no payment arrangements acceptable to the
5    Illinois Department have been made.
6        (6) There is a credible allegation that the
7    applicant's previous affiliations with a provider of
8    medical services that has an uncollected debt, a provider
9    that has been or is subject to a payment suspension under a
10    federal health care program, or a provider that has been
11    previously excluded from participation in the medical
12    assistance program, poses a risk of fraud, waste, or abuse
13    to the Illinois Department.
14    As used in this subsection, "credible allegation" is
15defined to include an allegation from any source, including,
16but not limited to, fraud hotline complaints, claims data
17mining, patterns identified through provider audits, civil
18actions filed under the Illinois False Claims Act, and law
19enforcement investigations. An allegation is considered to be
20credible when it has indicia of reliability.
21    (B) The Illinois Department shall deny, suspend or
22terminate the eligibility of any person, firm, corporation,
23association, agency, institution or other legal entity to
24participate as a vendor of goods or services to recipients
25under the medical assistance program under Article V, or may
26exclude any such person or entity from participation as such a

 

 

SB2037- 1053 -LRB102 17120 WGH 22551 b

1vendor:
2        (1) immediately, if such vendor is not properly
3    licensed, certified, or authorized;
4        (2) within 30 days of the date when such vendor's
5    professional license, certification or other authorization
6    has been refused renewal, restricted, revoked, suspended,
7    or otherwise terminated; or
8        (3) if such vendor has been convicted of a violation
9    of this Code, as provided in Article VIIIA.
10    (C) Upon termination, suspension, or exclusion of a vendor
11of goods or services from participation in the medical
12assistance program authorized by this Article, a person with
13management responsibility for such vendor during the time of
14any conduct which served as the basis for that vendor's
15termination, suspension, or exclusion is barred from
16participation in the medical assistance program.
17    Upon termination, suspension, or exclusion of a corporate
18vendor, the officers and persons owning, directly or
19indirectly, 5% or more of the shares of stock or other
20evidences of ownership in the vendor during the time of any
21conduct which served as the basis for that vendor's
22termination, suspension, or exclusion are barred from
23participation in the medical assistance program. A person who
24owns, directly or indirectly, 5% or more of the shares of stock
25or other evidences of ownership in a terminated, suspended, or
26excluded vendor may not transfer his or her ownership interest

 

 

SB2037- 1054 -LRB102 17120 WGH 22551 b

1in that vendor to his or her spouse, child, brother, sister,
2parent, grandparent, grandchild, uncle, aunt, niece, nephew,
3cousin, or relative by marriage.
4    Upon termination, suspension, or exclusion of a sole
5proprietorship or partnership, the owner or partners during
6the time of any conduct which served as the basis for that
7vendor's termination, suspension, or exclusion are barred from
8participation in the medical assistance program. The owner of
9a terminated, suspended, or excluded vendor that is a sole
10proprietorship, and a partner in a terminated, suspended, or
11excluded vendor that is a partnership, may not transfer his or
12her ownership or partnership interest in that vendor to his or
13her spouse, child, brother, sister, parent, grandparent,
14grandchild, uncle, aunt, niece, nephew, cousin, or relative by
15marriage.
16    A person who owns, directly or indirectly, 5% or more of
17the shares of stock or other evidences of ownership in a
18corporate or limited liability company vendor who owes a debt
19to the Department, if that vendor has not made payment
20arrangements acceptable to the Department, shall not transfer
21his or her ownership interest in that vendor, or vendor assets
22of any kind, to his or her spouse, child, brother, sister,
23parent, grandparent, grandchild, uncle, aunt, niece, nephew,
24cousin, or relative by marriage.
25    Rules adopted by the Illinois Department to implement
26these provisions shall specifically include a definition of

 

 

SB2037- 1055 -LRB102 17120 WGH 22551 b

1the term "management responsibility" as used in this Section.
2Such definition shall include, but not be limited to, typical
3job titles, and duties and descriptions which will be
4considered as within the definition of individuals with
5management responsibility for a provider.
6    A vendor or a prior vendor who has been terminated,
7excluded, or suspended from the medical assistance program, or
8from another state or federal medical assistance or health
9care program, and any individual currently or previously
10barred from the medical assistance program, or from another
11state or federal medical assistance or health care program, as
12a result of being an officer or a person owning, directly or
13indirectly, 5% or more of the shares of stock or other
14evidences of ownership in a corporate or limited liability
15company vendor during the time of any conduct which served as
16the basis for that vendor's termination, suspension, or
17exclusion, may be required to post a surety bond as part of a
18condition of enrollment or participation in the medical
19assistance program. The Illinois Department shall establish,
20by rule, the criteria and requirements for determining when a
21surety bond must be posted and the value of the bond.
22    A vendor or a prior vendor who has a debt owed to the
23Illinois Department and any individual currently or previously
24barred from the medical assistance program, or from another
25state or federal medical assistance or health care program, as
26a result of being an officer or a person owning, directly or

 

 

SB2037- 1056 -LRB102 17120 WGH 22551 b

1indirectly, 5% or more of the shares of stock or other
2evidences of ownership in that corporate or limited liability
3company vendor during the time of any conduct which served as
4the basis for the debt, may be required to post a surety bond
5as part of a condition of enrollment or participation in the
6medical assistance program. The Illinois Department shall
7establish, by rule, the criteria and requirements for
8determining when a surety bond must be posted and the value of
9the bond.
10    (D) If a vendor has been suspended from the medical
11assistance program under Article V of the Code, the Director
12may require that such vendor correct any deficiencies which
13served as the basis for the suspension. The Director shall
14specify in the suspension order a specific period of time,
15which shall not exceed one year from the date of the order,
16during which a suspended vendor shall not be eligible to
17participate. At the conclusion of the period of suspension the
18Director shall reinstate such vendor, unless he finds that
19such vendor has not corrected deficiencies upon which the
20suspension was based.
21    If a vendor has been terminated, suspended, or excluded
22from the medical assistance program under Article V, such
23vendor shall be barred from participation for at least one
24year, except that if a vendor has been terminated, suspended,
25or excluded based on a conviction of a violation of Article
26VIIIA or a conviction of a felony based on fraud or a willful

 

 

SB2037- 1057 -LRB102 17120 WGH 22551 b

1misrepresentation related to (i) the medical assistance
2program under Article V, (ii) a federal or another state's
3medical assistance or health care program, or (iii) the
4provision of health care services, then the vendor shall be
5barred from participation for 5 years or for the length of the
6vendor's sentence for that conviction, whichever is longer. At
7the end of one year a vendor who has been terminated,
8suspended, or excluded may apply for reinstatement to the
9program. Upon proper application to be reinstated such vendor
10may be deemed eligible by the Director providing that such
11vendor meets the requirements for eligibility under this Code.
12If such vendor is deemed not eligible for reinstatement, he
13shall be barred from again applying for reinstatement for one
14year from the date his application for reinstatement is
15denied.
16    A vendor whose termination, suspension, or exclusion from
17participation in the Illinois medical assistance program under
18Article V was based solely on an action by a governmental
19entity other than the Illinois Department may, upon
20reinstatement by that governmental entity or upon reversal of
21the termination, suspension, or exclusion, apply for
22rescission of the termination, suspension, or exclusion from
23participation in the Illinois medical assistance program. Upon
24proper application for rescission, the vendor may be deemed
25eligible by the Director if the vendor meets the requirements
26for eligibility under this Code.

 

 

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1    If a vendor has been terminated, suspended, or excluded
2and reinstated to the medical assistance program under Article
3V and the vendor is terminated, suspended, or excluded a
4second or subsequent time from the medical assistance program,
5the vendor shall be barred from participation for at least 2
6years, except that if a vendor has been terminated, suspended,
7or excluded a second time based on a conviction of a violation
8of Article VIIIA or a conviction of a felony based on fraud or
9a willful misrepresentation related to (i) the medical
10assistance program under Article V, (ii) a federal or another
11state's medical assistance or health care program, or (iii)
12the provision of health care services, then the vendor shall
13be barred from participation for life. At the end of 2 years, a
14vendor who has been terminated, suspended, or excluded may
15apply for reinstatement to the program. Upon application to be
16reinstated, the vendor may be deemed eligible if the vendor
17meets the requirements for eligibility under this Code. If the
18vendor is deemed not eligible for reinstatement, the vendor
19shall be barred from again applying for reinstatement for 2
20years from the date the vendor's application for reinstatement
21is denied.
22    (E) The Illinois Department may recover money improperly
23or erroneously paid, or overpayments, either by setoff,
24crediting against future billings or by requiring direct
25repayment to the Illinois Department. The Illinois Department
26may suspend or deny payment, in whole or in part, if such

 

 

SB2037- 1059 -LRB102 17120 WGH 22551 b

1payment would be improper or erroneous or would otherwise
2result in overpayment.
3        (1) Payments may be suspended, denied, or recovered
4    from a vendor or alternate payee: (i) for services
5    rendered in violation of the Illinois Department's
6    provider notices, statutes, rules, and regulations; (ii)
7    for services rendered in violation of the terms and
8    conditions prescribed by the Illinois Department in its
9    vendor agreement; (iii) for any vendor who fails to grant
10    the Office of Inspector General timely access to full and
11    complete records, including, but not limited to, records
12    relating to recipients under the medical assistance
13    program for the most recent 6 years, in accordance with
14    Section 140.28 of Title 89 of the Illinois Administrative
15    Code, and other information for the purpose of audits,
16    investigations, or other program integrity functions,
17    after reasonable written request by the Inspector General;
18    this subsection (E) does not require vendors to make
19    available the medical records of patients for whom
20    services are not reimbursed under this Code or to provide
21    access to medical records more than 6 years old; (iv) when
22    the vendor has knowingly made, or caused to be made, any
23    false statement or representation of a material fact in
24    connection with the administration of the medical
25    assistance program; or (v) when the vendor previously
26    rendered services while terminated, suspended, or excluded

 

 

SB2037- 1060 -LRB102 17120 WGH 22551 b

1    from participation in the medical assistance program or
2    while terminated or excluded from participation in another
3    state or federal medical assistance or health care
4    program.
5        (2) Notwithstanding any other provision of law, if a
6    vendor has the same taxpayer identification number
7    (assigned under Section 6109 of the Internal Revenue Code
8    of 1986) as is assigned to a vendor with past-due
9    financial obligations to the Illinois Department, the
10    Illinois Department may make any necessary adjustments to
11    payments to that vendor in order to satisfy any past-due
12    obligations, regardless of whether the vendor is assigned
13    a different billing number under the medical assistance
14    program.
15    (E-5) Civil monetary penalties.
16        (1) As used in this subsection (E-5):
17            (a) "Knowingly" means that a person, with respect
18        to information: (i) has actual knowledge of the
19        information; (ii) acts in deliberate ignorance of the
20        truth or falsity of the information; or (iii) acts in
21        reckless disregard of the truth or falsity of the
22        information. No proof of specific intent to defraud is
23        required.
24            (b) "Overpayment" means any funds that a person
25        receives or retains from the medical assistance
26        program to which the person, after applicable

 

 

SB2037- 1061 -LRB102 17120 WGH 22551 b

1        reconciliation, is not entitled under this Code.
2            (c) "Remuneration" means the offer or transfer of
3        items or services for free or for other than fair
4        market value by a person; however, remuneration does
5        not include items or services of a nominal value of no
6        more than $10 per item or service, or $50 in the
7        aggregate on an annual basis, or any other offer or
8        transfer of items or services as determined by the
9        Department.
10            (d) "Should know" means that a person, with
11        respect to information: (i) acts in deliberate
12        ignorance of the truth or falsity of the information;
13        or (ii) acts in reckless disregard of the truth or
14        falsity of the information. No proof of specific
15        intent to defraud is required.
16        (2) Any person (including a vendor, provider,
17    organization, agency, or other entity, or an alternate
18    payee thereof, but excluding a recipient) who:
19            (a) knowingly presents or causes to be presented
20        to an officer, employee, or agent of the State, a claim
21        that the Department determines:
22                (i) is for a medical or other item or service
23            that the person knows or should know was not
24            provided as claimed, including any person who
25            engages in a pattern or practice of presenting or
26            causing to be presented a claim for an item or

 

 

SB2037- 1062 -LRB102 17120 WGH 22551 b

1            service that is based on a code that the person
2            knows or should know will result in a greater
3            payment to the person than the code the person
4            knows or should know is applicable to the item or
5            service actually provided;
6                (ii) is for a medical or other item or service
7            and the person knows or should know that the claim
8            is false or fraudulent;
9                (iii) is presented for a vendor physician's
10            service, or an item or service incident to a
11            vendor physician's service, by a person who knows
12            or should know that the individual who furnished,
13            or supervised the furnishing of, the service:
14                    (AA) was not licensed as a physician;
15                    (BB) was licensed as a physician but such
16                license had been obtained through a
17                misrepresentation of material fact (including
18                cheating on an examination required for
19                licensing); or
20                    (CC) represented to the patient at the
21                time the service was furnished that the
22                physician was certified in a medical specialty
23                by a medical specialty board, when the
24                individual was not so certified;
25                (iv) is for a medical or other item or service
26            furnished during a period in which the person was

 

 

SB2037- 1063 -LRB102 17120 WGH 22551 b

1            excluded from the medical assistance program or a
2            federal or state health care program under which
3            the claim was made pursuant to applicable law; or
4                (v) is for a pattern of medical or other items
5            or services that a person knows or should know are
6            not medically necessary;
7            (b) knowingly presents or causes to be presented
8        to any person a request for payment which is in
9        violation of the conditions for receipt of vendor
10        payments under the medical assistance program under
11        Section 11-13 of this Code;
12            (c) knowingly gives or causes to be given to any
13        person, with respect to medical assistance program
14        coverage of inpatient hospital services, information
15        that he or she knows or should know is false or
16        misleading, and that could reasonably be expected to
17        influence the decision when to discharge such person
18        or other individual from the hospital;
19            (d) in the case of a person who is not an
20        organization, agency, or other entity, is excluded
21        from participating in the medical assistance program
22        or a federal or state health care program and who, at
23        the time of a violation of this subsection (E-5):
24                (i) retains a direct or indirect ownership or
25            control interest in an entity that is
26            participating in the medical assistance program or

 

 

SB2037- 1064 -LRB102 17120 WGH 22551 b

1            a federal or state health care program, and who
2            knows or should know of the action constituting
3            the basis for the exclusion; or
4                (ii) is an officer or managing employee of
5            such an entity;
6            (e) offers or transfers remuneration to any
7        individual eligible for benefits under the medical
8        assistance program that such person knows or should
9        know is likely to influence such individual to order
10        or receive from a particular vendor, provider,
11        practitioner, or supplier any item or service for
12        which payment may be made, in whole or in part, under
13        the medical assistance program;
14            (f) arranges or contracts (by employment or
15        otherwise) with an individual or entity that the
16        person knows or should know is excluded from
17        participation in the medical assistance program or a
18        federal or state health care program, for the
19        provision of items or services for which payment may
20        be made under such a program;
21            (g) commits an act described in subsection (b) or
22        (c) of Section 8A-3;
23            (h) knowingly makes, uses, or causes to be made or
24        used, a false record or statement material to a false
25        or fraudulent claim for payment for items and services
26        furnished under the medical assistance program;

 

 

SB2037- 1065 -LRB102 17120 WGH 22551 b

1            (i) fails to grant timely access, upon reasonable
2        request (as defined by the Department by rule), to the
3        Inspector General, for the purpose of audits,
4        investigations, evaluations, or other statutory
5        functions of the Inspector General of the Department;
6            (j) orders or prescribes a medical or other item
7        or service during a period in which the person was
8        excluded from the medical assistance program or a
9        federal or state health care program, in the case
10        where the person knows or should know that a claim for
11        such medical or other item or service will be made
12        under such a program;
13            (k) knowingly makes or causes to be made any false
14        statement, omission, or misrepresentation of a
15        material fact in any application, bid, or contract to
16        participate or enroll as a vendor or provider of
17        services or a supplier under the medical assistance
18        program;
19            (l) knows of an overpayment and does not report
20        and return the overpayment to the Department in
21        accordance with paragraph (6);
22    shall be subject, in addition to any other penalties that
23    may be prescribed by law, to a civil money penalty of not
24    more than $10,000 for each item or service (or, in cases
25    under subparagraph (c), $15,000 for each individual with
26    respect to whom false or misleading information was given;

 

 

SB2037- 1066 -LRB102 17120 WGH 22551 b

1    in cases under subparagraph (d), $10,000 for each day the
2    prohibited relationship occurs; in cases under
3    subparagraph (g), $50,000 for each such act; in cases
4    under subparagraph (h), $50,000 for each false record or
5    statement; in cases under subparagraph (i), $15,000 for
6    each day of the failure described in such subparagraph; or
7    in cases under subparagraph (k), $50,000 for each false
8    statement, omission, or misrepresentation of a material
9    fact). In addition, such a person shall be subject to an
10    assessment of not more than 3 times the amount claimed for
11    each such item or service in lieu of damages sustained by
12    the State because of such claim (or, in cases under
13    subparagraph (g), damages of not more than 3 times the
14    total amount of remuneration offered, paid, solicited, or
15    received, without regard to whether a portion of such
16    remuneration was offered, paid, solicited, or received for
17    a lawful purpose; or in cases under subparagraph (k), an
18    assessment of not more than 3 times the total amount
19    claimed for each item or service for which payment was
20    made based upon the application, bid, or contract
21    containing the false statement, omission, or
22    misrepresentation of a material fact).
23        (3) In addition, the Director or his or her designee
24    may make a determination in the same proceeding to
25    exclude, terminate, suspend, or bar the person from
26    participation in the medical assistance program.

 

 

SB2037- 1067 -LRB102 17120 WGH 22551 b

1        (4) The Illinois Department may seek the civil
2    monetary penalties and exclusion, termination, suspension,
3    or barment identified in this subsection (E-5). Prior to
4    the imposition of any penalties or sanctions, the affected
5    person shall be afforded an opportunity for a hearing
6    after reasonable notice. The Department shall establish
7    hearing procedures by rule.
8        (5) Any final order, decision, or other determination
9    made, issued, or executed by the Director under the
10    provisions of this subsection (E-5), whereby a person is
11    aggrieved, shall be subject to review in accordance with
12    the provisions of the Administrative Review Law, and the
13    rules adopted pursuant thereto, which shall apply to and
14    govern all proceedings for the judicial review of final
15    administrative decisions of the Director.
16        (6)(a) If a person has received an overpayment, the
17    person shall:
18            (i) report and return the overpayment to the
19        Department at the correct address; and
20            (ii) notify the Department in writing of the
21        reason for the overpayment.
22        (b) An overpayment must be reported and returned under
23    subparagraph (a) by the later of:
24            (i) the date which is 60 days after the date on
25        which the overpayment was identified; or
26            (ii) the date any corresponding cost report is

 

 

SB2037- 1068 -LRB102 17120 WGH 22551 b

1        due, if applicable.
2    (E-10) A vendor who disputes an overpayment identified as
3part of a Department audit shall utilize the Department's
4self-referral disclosure protocol as set forth under this Code
5to identify, investigate, and return to the Department any
6undisputed audit overpayment amount. Unless the disputed
7overpayment amount is subject to a fraud payment suspension,
8or involves a termination sanction, the Department shall defer
9the recovery of the disputed overpayment amount up to one year
10after the date of the Department's final audit determination,
11or earlier, or as required by State or federal law. If the
12administrative hearing extends beyond one year, and such delay
13was not caused by the request of the vendor, then the
14Department shall not recover the disputed overpayment amount
15until the date of the final administrative decision. If a
16final administrative decision establishes that the disputed
17overpayment amount is owed to the Department, then the amount
18shall be immediately due to the Department. The Department
19shall be entitled to recover interest from the vendor on the
20overpayment amount from the date of the overpayment through
21the date the vendor returns the overpayment to the Department
22at a rate not to exceed the Wall Street Journal Prime Rate, as
23published from time to time, but not to exceed 5%. Any interest
24billed by the Department shall be due immediately upon receipt
25of the Department's billing statement.
26    (F) The Illinois Department may withhold payments to any

 

 

SB2037- 1069 -LRB102 17120 WGH 22551 b

1vendor or alternate payee prior to or during the pendency of
2any audit or proceeding under this Section, and through the
3pendency of any administrative appeal or administrative review
4by any court proceeding. The Illinois Department shall state
5by rule with as much specificity as practicable the conditions
6under which payments will not be withheld under this Section.
7Payments may be denied for bills submitted with service dates
8occurring during the pendency of a proceeding, after a final
9decision has been rendered, or after the conclusion of any
10administrative appeal, where the final administrative decision
11is to terminate, exclude, or suspend eligibility to
12participate in the medical assistance program. The Illinois
13Department shall state by rule with as much specificity as
14practicable the conditions under which payments will not be
15denied for such bills. The Illinois Department shall state by
16rule a process and criteria by which a vendor or alternate
17payee may request full or partial release of payments withheld
18under this subsection. The Department must complete a
19proceeding under this Section in a timely manner.
20    Notwithstanding recovery allowed under subsection (E) or
21this subsection (F), the Illinois Department may withhold
22payments to any vendor or alternate payee who is not properly
23licensed, certified, or in compliance with State or federal
24agency regulations. Payments may be denied for bills submitted
25with service dates occurring during the period of time that a
26vendor is not properly licensed, certified, or in compliance

 

 

SB2037- 1070 -LRB102 17120 WGH 22551 b

1with State or federal regulations. Facilities licensed under
2the Nursing Home Care Act shall have payments denied or
3withheld pursuant to subsection (I) of this Section.
4    (F-5) The Illinois Department may temporarily withhold
5payments to a vendor or alternate payee if any of the following
6individuals have been indicted or otherwise charged under a
7law of the United States or this or any other state with an
8offense that is based on alleged fraud or willful
9misrepresentation on the part of the individual related to (i)
10the medical assistance program under Article V of this Code,
11(ii) a federal or another state's medical assistance or health
12care program, or (iii) the provision of health care services:
13        (1) If the vendor or alternate payee is a corporation:
14    an officer of the corporation or an individual who owns,
15    either directly or indirectly, 5% or more of the shares of
16    stock or other evidence of ownership of the corporation.
17        (2) If the vendor is a sole proprietorship: the owner
18    of the sole proprietorship.
19        (3) If the vendor or alternate payee is a partnership:
20    a partner in the partnership.
21        (4) If the vendor or alternate payee is any other
22    business entity authorized by law to transact business in
23    this State: an officer of the entity or an individual who
24    owns, either directly or indirectly, 5% or more of the
25    evidences of ownership of the entity.
26    If the Illinois Department withholds payments to a vendor

 

 

SB2037- 1071 -LRB102 17120 WGH 22551 b

1or alternate payee under this subsection, the Department shall
2not release those payments to the vendor or alternate payee
3while any criminal proceeding related to the indictment or
4charge is pending unless the Department determines that there
5is good cause to release the payments before completion of the
6proceeding. If the indictment or charge results in the
7individual's conviction, the Illinois Department shall retain
8all withheld payments, which shall be considered forfeited to
9the Department. If the indictment or charge does not result in
10the individual's conviction, the Illinois Department shall
11release to the vendor or alternate payee all withheld
12payments.
13    (F-10) If the Illinois Department establishes that the
14vendor or alternate payee owes a debt to the Illinois
15Department, and the vendor or alternate payee subsequently
16fails to pay or make satisfactory payment arrangements with
17the Illinois Department for the debt owed, the Illinois
18Department may seek all remedies available under the law of
19this State to recover the debt, including, but not limited to,
20wage garnishment or the filing of claims or liens against the
21vendor or alternate payee.
22    (F-15) Enforcement of judgment.
23        (1) Any fine, recovery amount, other sanction, or
24    costs imposed, or part of any fine, recovery amount, other
25    sanction, or cost imposed, remaining unpaid after the
26    exhaustion of or the failure to exhaust judicial review

 

 

SB2037- 1072 -LRB102 17120 WGH 22551 b

1    procedures under the Illinois Administrative Review Law is
2    a debt due and owing the State and may be collected using
3    all remedies available under the law.
4        (2) After expiration of the period in which judicial
5    review under the Illinois Administrative Review Law may be
6    sought for a final administrative decision, unless stayed
7    by a court of competent jurisdiction, the findings,
8    decision, and order of the Director may be enforced in the
9    same manner as a judgment entered by a court of competent
10    jurisdiction.
11        (3) In any case in which any person or entity has
12    failed to comply with a judgment ordering or imposing any
13    fine or other sanction, any expenses incurred by the
14    Illinois Department to enforce the judgment, including,
15    but not limited to, attorney's fees, court costs, and
16    costs related to property demolition or foreclosure, after
17    they are fixed by a court of competent jurisdiction or the
18    Director, shall be a debt due and owing the State and may
19    be collected in accordance with applicable law. Prior to
20    any expenses being fixed by a final administrative
21    decision pursuant to this subsection (F-15), the Illinois
22    Department shall provide notice to the individual or
23    entity that states that the individual or entity shall
24    appear at a hearing before the administrative hearing
25    officer to determine whether the individual or entity has
26    failed to comply with the judgment. The notice shall set

 

 

SB2037- 1073 -LRB102 17120 WGH 22551 b

1    the date for such a hearing, which shall not be less than 7
2    days from the date that notice is served. If notice is
3    served by mail, the 7-day period shall begin to run on the
4    date that the notice was deposited in the mail.
5        (4) Upon being recorded in the manner required by
6    Article XII of the Code of Civil Procedure or by the
7    Uniform Commercial Code, a lien shall be imposed on the
8    real estate or personal estate, or both, of the individual
9    or entity in the amount of any debt due and owing the State
10    under this Section. The lien may be enforced in the same
11    manner as a judgment of a court of competent jurisdiction.
12    A lien shall attach to all property and assets of such
13    person, firm, corporation, association, agency,
14    institution, or other legal entity until the judgment is
15    satisfied.
16        (5) The Director may set aside any judgment entered by
17    default and set a new hearing date upon a petition filed at
18    any time (i) if the petitioner's failure to appear at the
19    hearing was for good cause, or (ii) if the petitioner
20    established that the Department did not provide proper
21    service of process. If any judgment is set aside pursuant
22    to this paragraph (5), the hearing officer shall have
23    authority to enter an order extinguishing any lien which
24    has been recorded for any debt due and owing the Illinois
25    Department as a result of the vacated default judgment.
26    (G) The provisions of the Administrative Review Law, as

 

 

SB2037- 1074 -LRB102 17120 WGH 22551 b

1now or hereafter amended, and the rules adopted pursuant
2thereto, shall apply to and govern all proceedings for the
3judicial review of final administrative decisions of the
4Illinois Department under this Section. The term
5"administrative decision" is defined as in Section 3-101 of
6the Code of Civil Procedure.
7    (G-5) Vendors who pose a risk of fraud, waste, abuse, or
8harm.
9        (1) Notwithstanding any other provision in this
10    Section, the Department may terminate, suspend, or exclude
11    vendors who pose a risk of fraud, waste, abuse, or harm
12    from participation in the medical assistance program prior
13    to an evidentiary hearing but after reasonable notice and
14    opportunity to respond as established by the Department by
15    rule.
16        (2) Vendors who pose a risk of fraud, waste, abuse, or
17    harm shall submit to a fingerprint-based criminal
18    background check on current and future information
19    available in the State system and current information
20    available through the Federal Bureau of Investigation's
21    system by submitting all necessary fees and information in
22    the form and manner prescribed by the Illinois Department
23    of State Police. The following individuals shall be
24    subject to the check:
25            (A) In the case of a vendor that is a corporation,
26        every shareholder who owns, directly or indirectly, 5%

 

 

SB2037- 1075 -LRB102 17120 WGH 22551 b

1        or more of the outstanding shares of the corporation.
2            (B) In the case of a vendor that is a partnership,
3        every partner.
4            (C) In the case of a vendor that is a sole
5        proprietorship, the sole proprietor.
6            (D) Each officer or manager of the vendor.
7        Each such vendor shall be responsible for payment of
8    the cost of the criminal background check.
9        (3) Vendors who pose a risk of fraud, waste, abuse, or
10    harm may be required to post a surety bond. The Department
11    shall establish, by rule, the criteria and requirements
12    for determining when a surety bond must be posted and the
13    value of the bond.
14        (4) The Department, or its agents, may refuse to
15    accept requests for authorization from specific vendors
16    who pose a risk of fraud, waste, abuse, or harm, including
17    prior-approval and post-approval requests, if:
18            (A) the Department has initiated a notice of
19        termination, suspension, or exclusion of the vendor
20        from participation in the medical assistance program;
21        or
22            (B) the Department has issued notification of its
23        withholding of payments pursuant to subsection (F-5)
24        of this Section; or
25            (C) the Department has issued a notification of
26        its withholding of payments due to reliable evidence

 

 

SB2037- 1076 -LRB102 17120 WGH 22551 b

1        of fraud or willful misrepresentation pending
2        investigation.
3        (5) As used in this subsection, the following terms
4    are defined as follows:
5            (A) "Fraud" means an intentional deception or
6        misrepresentation made by a person with the knowledge
7        that the deception could result in some unauthorized
8        benefit to himself or herself or some other person. It
9        includes any act that constitutes fraud under
10        applicable federal or State law.
11            (B) "Abuse" means provider practices that are
12        inconsistent with sound fiscal, business, or medical
13        practices and that result in an unnecessary cost to
14        the medical assistance program or in reimbursement for
15        services that are not medically necessary or that fail
16        to meet professionally recognized standards for health
17        care. It also includes recipient practices that result
18        in unnecessary cost to the medical assistance program.
19        Abuse does not include diagnostic or therapeutic
20        measures conducted primarily as a safeguard against
21        possible vendor liability.
22            (C) "Waste" means the unintentional misuse of
23        medical assistance resources, resulting in unnecessary
24        cost to the medical assistance program. Waste does not
25        include diagnostic or therapeutic measures conducted
26        primarily as a safeguard against possible vendor

 

 

SB2037- 1077 -LRB102 17120 WGH 22551 b

1        liability.
2            (D) "Harm" means physical, mental, or monetary
3        damage to recipients or to the medical assistance
4        program.
5    (G-6) The Illinois Department, upon making a determination
6based upon information in the possession of the Illinois
7Department that continuation of participation in the medical
8assistance program by a vendor would constitute an immediate
9danger to the public, may immediately suspend such vendor's
10participation in the medical assistance program without a
11hearing. In instances in which the Illinois Department
12immediately suspends the medical assistance program
13participation of a vendor under this Section, a hearing upon
14the vendor's participation must be convened by the Illinois
15Department within 15 days after such suspension and completed
16without appreciable delay. Such hearing shall be held to
17determine whether to recommend to the Director that the
18vendor's medical assistance program participation be denied,
19terminated, suspended, placed on provisional status, or
20reinstated. In the hearing, any evidence relevant to the
21vendor constituting an immediate danger to the public may be
22introduced against such vendor; provided, however, that the
23vendor, or his or her counsel, shall have the opportunity to
24discredit, impeach, and submit evidence rebutting such
25evidence.
26    (H) Nothing contained in this Code shall in any way limit

 

 

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1or otherwise impair the authority or power of any State agency
2responsible for licensing of vendors.
3    (I) Based on a finding of noncompliance on the part of a
4nursing home with any requirement for certification under
5Title XVIII or XIX of the Social Security Act (42 U.S.C. Sec.
61395 et seq. or 42 U.S.C. Sec. 1396 et seq.), the Illinois
7Department may impose one or more of the following remedies
8after notice to the facility:
9        (1) Termination of the provider agreement.
10        (2) Temporary management.
11        (3) Denial of payment for new admissions.
12        (4) Civil money penalties.
13        (5) Closure of the facility in emergency situations or
14    transfer of residents, or both.
15        (6) State monitoring.
16        (7) Denial of all payments when the U.S. Department of
17    Health and Human Services has imposed this sanction.
18    The Illinois Department shall by rule establish criteria
19governing continued payments to a nursing facility subsequent
20to termination of the facility's provider agreement if, in the
21sole discretion of the Illinois Department, circumstances
22affecting the health, safety, and welfare of the facility's
23residents require those continued payments. The Illinois
24Department may condition those continued payments on the
25appointment of temporary management, sale of the facility to
26new owners or operators, or other arrangements that the

 

 

SB2037- 1079 -LRB102 17120 WGH 22551 b

1Illinois Department determines best serve the needs of the
2facility's residents.
3    Except in the case of a facility that has a right to a
4hearing on the finding of noncompliance before an agency of
5the federal government, a facility may request a hearing
6before a State agency on any finding of noncompliance within
760 days after the notice of the intent to impose a remedy.
8Except in the case of civil money penalties, a request for a
9hearing shall not delay imposition of the penalty. The choice
10of remedies is not appealable at a hearing. The level of
11noncompliance may be challenged only in the case of a civil
12money penalty. The Illinois Department shall provide by rule
13for the State agency that will conduct the evidentiary
14hearings.
15    The Illinois Department may collect interest on unpaid
16civil money penalties.
17    The Illinois Department may adopt all rules necessary to
18implement this subsection (I).
19    (J) The Illinois Department, by rule, may permit
20individual practitioners to designate that Department payments
21that may be due the practitioner be made to an alternate payee
22or alternate payees.
23        (a) Such alternate payee or alternate payees shall be
24    required to register as an alternate payee in the Medical
25    Assistance Program with the Illinois Department.
26        (b) If a practitioner designates an alternate payee,

 

 

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1    the alternate payee and practitioner shall be jointly and
2    severally liable to the Department for payments made to
3    the alternate payee. Pursuant to subsection (E) of this
4    Section, any Department action to suspend or deny payment
5    or recover money or overpayments from an alternate payee
6    shall be subject to an administrative hearing.
7        (c) Registration as an alternate payee or alternate
8    payees in the Illinois Medical Assistance Program shall be
9    conditional. At any time, the Illinois Department may deny
10    or cancel any alternate payee's registration in the
11    Illinois Medical Assistance Program without cause. Any
12    such denial or cancellation is not subject to an
13    administrative hearing.
14        (d) The Illinois Department may seek a revocation of
15    any alternate payee, and all owners, officers, and
16    individuals with management responsibility for such
17    alternate payee shall be permanently prohibited from
18    participating as an owner, an officer, or an individual
19    with management responsibility with an alternate payee in
20    the Illinois Medical Assistance Program, if after
21    reasonable notice and opportunity for a hearing the
22    Illinois Department finds that:
23            (1) the alternate payee is not complying with the
24        Department's policy or rules and regulations, or with
25        the terms and conditions prescribed by the Illinois
26        Department in its alternate payee registration

 

 

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1        agreement; or
2            (2) the alternate payee has failed to keep or make
3        available for inspection, audit, or copying, after
4        receiving a written request from the Illinois
5        Department, such records regarding payments claimed as
6        an alternate payee; or
7            (3) the alternate payee has failed to furnish any
8        information requested by the Illinois Department
9        regarding payments claimed as an alternate payee; or
10            (4) the alternate payee has knowingly made, or
11        caused to be made, any false statement or
12        representation of a material fact in connection with
13        the administration of the Illinois Medical Assistance
14        Program; or
15            (5) the alternate payee, a person with management
16        responsibility for an alternate payee, an officer or
17        person owning, either directly or indirectly, 5% or
18        more of the shares of stock or other evidences of
19        ownership in a corporate alternate payee, or a partner
20        in a partnership which is an alternate payee:
21                (a) was previously terminated, suspended, or
22            excluded from participation as a vendor in the
23            Illinois Medical Assistance Program, or was
24            previously revoked as an alternate payee in the
25            Illinois Medical Assistance Program, or was
26            terminated, suspended, or excluded from

 

 

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1            participation as a vendor in a medical assistance
2            program in another state that is of the same kind
3            as the program of medical assistance provided
4            under Article V of this Code; or
5                (b) was a person with management
6            responsibility for a vendor previously terminated,
7            suspended, or excluded from participation as a
8            vendor in the Illinois Medical Assistance Program,
9            or was previously revoked as an alternate payee in
10            the Illinois Medical Assistance Program, or was
11            terminated, suspended, or excluded from
12            participation as a vendor in a medical assistance
13            program in another state that is of the same kind
14            as the program of medical assistance provided
15            under Article V of this Code, during the time of
16            conduct which was the basis for that vendor's
17            termination, suspension, or exclusion or alternate
18            payee's revocation; or
19                (c) was an officer, or person owning, either
20            directly or indirectly, 5% or more of the shares
21            of stock or other evidences of ownership in a
22            corporate vendor previously terminated, suspended,
23            or excluded from participation as a vendor in the
24            Illinois Medical Assistance Program, or was
25            previously revoked as an alternate payee in the
26            Illinois Medical Assistance Program, or was

 

 

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1            terminated, suspended, or excluded from
2            participation as a vendor in a medical assistance
3            program in another state that is of the same kind
4            as the program of medical assistance provided
5            under Article V of this Code, during the time of
6            conduct which was the basis for that vendor's
7            termination, suspension, or exclusion; or
8                (d) was an owner of a sole proprietorship or
9            partner in a partnership previously terminated,
10            suspended, or excluded from participation as a
11            vendor in the Illinois Medical Assistance Program,
12            or was previously revoked as an alternate payee in
13            the Illinois Medical Assistance Program, or was
14            terminated, suspended, or excluded from
15            participation as a vendor in a medical assistance
16            program in another state that is of the same kind
17            as the program of medical assistance provided
18            under Article V of this Code, during the time of
19            conduct which was the basis for that vendor's
20            termination, suspension, or exclusion or alternate
21            payee's revocation; or
22            (6) the alternate payee, a person with management
23        responsibility for an alternate payee, an officer or
24        person owning, either directly or indirectly, 5% or
25        more of the shares of stock or other evidences of
26        ownership in a corporate alternate payee, or a partner

 

 

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1        in a partnership which is an alternate payee:
2                (a) has engaged in conduct prohibited by
3            applicable federal or State law or regulation
4            relating to the Illinois Medical Assistance
5            Program; or
6                (b) was a person with management
7            responsibility for a vendor or alternate payee at
8            the time that the vendor or alternate payee
9            engaged in practices prohibited by applicable
10            federal or State law or regulation relating to the
11            Illinois Medical Assistance Program; or
12                (c) was an officer, or person owning, either
13            directly or indirectly, 5% or more of the shares
14            of stock or other evidences of ownership in a
15            vendor or alternate payee at the time such vendor
16            or alternate payee engaged in practices prohibited
17            by applicable federal or State law or regulation
18            relating to the Illinois Medical Assistance
19            Program; or
20                (d) was an owner of a sole proprietorship or
21            partner in a partnership which was a vendor or
22            alternate payee at the time such vendor or
23            alternate payee engaged in practices prohibited by
24            applicable federal or State law or regulation
25            relating to the Illinois Medical Assistance
26            Program; or

 

 

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1            (7) the direct or indirect ownership of the vendor
2        or alternate payee (including the ownership of a
3        vendor or alternate payee that is a partner's interest
4        in a vendor or alternate payee, or ownership of 5% or
5        more of the shares of stock or other evidences of
6        ownership in a corporate vendor or alternate payee)
7        has been transferred by an individual who is
8        terminated, suspended, or excluded or barred from
9        participating as a vendor or is prohibited or revoked
10        as an alternate payee to the individual's spouse,
11        child, brother, sister, parent, grandparent,
12        grandchild, uncle, aunt, niece, nephew, cousin, or
13        relative by marriage.
14    (K) The Illinois Department of Healthcare and Family
15Services may withhold payments, in whole or in part, to a
16provider or alternate payee where there is credible evidence,
17received from State or federal law enforcement or federal
18oversight agencies or from the results of a preliminary
19Department audit, that the circumstances giving rise to the
20need for a withholding of payments may involve fraud or
21willful misrepresentation under the Illinois Medical
22Assistance program. The Department shall by rule define what
23constitutes "credible" evidence for purposes of this
24subsection. The Department may withhold payments without first
25notifying the provider or alternate payee of its intention to
26withhold such payments. A provider or alternate payee may

 

 

SB2037- 1086 -LRB102 17120 WGH 22551 b

1request a reconsideration of payment withholding, and the
2Department must grant such a request. The Department shall
3state by rule a process and criteria by which a provider or
4alternate payee may request full or partial release of
5payments withheld under this subsection. This request may be
6made at any time after the Department first withholds such
7payments.
8        (a) The Illinois Department must send notice of its
9    withholding of program payments within 5 days of taking
10    such action. The notice must set forth the general
11    allegations as to the nature of the withholding action,
12    but need not disclose any specific information concerning
13    its ongoing investigation. The notice must do all of the
14    following:
15            (1) State that payments are being withheld in
16        accordance with this subsection.
17            (2) State that the withholding is for a temporary
18        period, as stated in paragraph (b) of this subsection,
19        and cite the circumstances under which withholding
20        will be terminated.
21            (3) Specify, when appropriate, which type or types
22        of Medicaid claims withholding is effective.
23            (4) Inform the provider or alternate payee of the
24        right to submit written evidence for reconsideration
25        of the withholding by the Illinois Department.
26            (5) Inform the provider or alternate payee that a

 

 

SB2037- 1087 -LRB102 17120 WGH 22551 b

1        written request may be made to the Illinois Department
2        for full or partial release of withheld payments and
3        that such requests may be made at any time after the
4        Department first withholds such payments.
5        (b) All withholding-of-payment actions under this
6    subsection shall be temporary and shall not continue after
7    any of the following:
8            (1) The Illinois Department or the prosecuting
9        authorities determine that there is insufficient
10        evidence of fraud or willful misrepresentation by the
11        provider or alternate payee.
12            (2) Legal proceedings related to the provider's or
13        alternate payee's alleged fraud, willful
14        misrepresentation, violations of this Act, or
15        violations of the Illinois Department's administrative
16        rules are completed.
17            (3) The withholding of payments for a period of 3
18        years.
19        (c) The Illinois Department may adopt all rules
20    necessary to implement this subsection (K).
21    (K-5) The Illinois Department may withhold payments, in
22whole or in part, to a provider or alternate payee upon
23initiation of an audit, quality of care review, investigation
24when there is a credible allegation of fraud, or the provider
25or alternate payee demonstrating a clear failure to cooperate
26with the Illinois Department such that the circumstances give

 

 

SB2037- 1088 -LRB102 17120 WGH 22551 b

1rise to the need for a withholding of payments. As used in this
2subsection, "credible allegation" is defined to include an
3allegation from any source, including, but not limited to,
4fraud hotline complaints, claims data mining, patterns
5identified through provider audits, civil actions filed under
6the Illinois False Claims Act, and law enforcement
7investigations. An allegation is considered to be credible
8when it has indicia of reliability. The Illinois Department
9may withhold payments without first notifying the provider or
10alternate payee of its intention to withhold such payments. A
11provider or alternate payee may request a hearing or a
12reconsideration of payment withholding, and the Illinois
13Department must grant such a request. The Illinois Department
14shall state by rule a process and criteria by which a provider
15or alternate payee may request a hearing or a reconsideration
16for the full or partial release of payments withheld under
17this subsection. This request may be made at any time after the
18Illinois Department first withholds such payments.
19        (a) The Illinois Department must send notice of its
20    withholding of program payments within 5 days of taking
21    such action. The notice must set forth the general
22    allegations as to the nature of the withholding action but
23    need not disclose any specific information concerning its
24    ongoing investigation. The notice must do all of the
25    following:
26            (1) State that payments are being withheld in

 

 

SB2037- 1089 -LRB102 17120 WGH 22551 b

1        accordance with this subsection.
2            (2) State that the withholding is for a temporary
3        period, as stated in paragraph (b) of this subsection,
4        and cite the circumstances under which withholding
5        will be terminated.
6            (3) Specify, when appropriate, which type or types
7        of claims are withheld.
8            (4) Inform the provider or alternate payee of the
9        right to request a hearing or a reconsideration of the
10        withholding by the Illinois Department, including the
11        ability to submit written evidence.
12            (5) Inform the provider or alternate payee that a
13        written request may be made to the Illinois Department
14        for a hearing or a reconsideration for the full or
15        partial release of withheld payments and that such
16        requests may be made at any time after the Illinois
17        Department first withholds such payments.
18        (b) All withholding of payment actions under this
19    subsection shall be temporary and shall not continue after
20    any of the following:
21            (1) The Illinois Department determines that there
22        is insufficient evidence of fraud, or the provider or
23        alternate payee demonstrates clear cooperation with
24        the Illinois Department, as determined by the Illinois
25        Department, such that the circumstances do not give
26        rise to the need for withholding of payments; or

 

 

SB2037- 1090 -LRB102 17120 WGH 22551 b

1            (2) The withholding of payments has lasted for a
2        period in excess of 3 years.
3        (c) The Illinois Department may adopt all rules
4    necessary to implement this subsection (K-5).
5    (L) The Illinois Department shall establish a protocol to
6enable health care providers to disclose an actual or
7potential violation of this Section pursuant to a
8self-referral disclosure protocol, referred to in this
9subsection as "the protocol". The protocol shall include
10direction for health care providers on a specific person,
11official, or office to whom such disclosures shall be made.
12The Illinois Department shall post information on the protocol
13on the Illinois Department's public website. The Illinois
14Department may adopt rules necessary to implement this
15subsection (L). In addition to other factors that the Illinois
16Department finds appropriate, the Illinois Department may
17consider a health care provider's timely use or failure to use
18the protocol in considering the provider's failure to comply
19with this Code.
20    (M) Notwithstanding any other provision of this Code, the
21Illinois Department, at its discretion, may exempt an entity
22licensed under the Nursing Home Care Act, the ID/DD Community
23Care Act, or the MC/DD Act from the provisions of subsections
24(A-15), (B), and (C) of this Section if the licensed entity is
25in receivership.
26(Source: P.A. 98-214, eff. 8-9-13; 98-550, eff. 8-27-13;

 

 

SB2037- 1091 -LRB102 17120 WGH 22551 b

198-756, eff. 7-16-14; 99-180, eff. 7-29-15.)
 
2    Section 740. The Housing Authorities Act is amended by
3changing Section 25 as follows:
 
4    (310 ILCS 10/25)   (from Ch. 67 1/2, par. 25)
5    Sec. 25. Rentals and tenant selection. In the operation or
6management of housing projects an Authority shall at all times
7observe the following duties with respect to rentals and
8tenant selection:
9    (a) It shall not accept any person as a tenant in any
10dwelling in a housing project if the persons who would occupy
11the dwelling have an aggregate annual income which equals or
12exceeds the amount which the Authority determines (which
13determination shall be conclusive) to be necessary in order to
14enable such persons to secure safe, sanitary and uncongested
15dwelling accommodations within the area of operation of the
16Authority and to provide an adequate standard of living for
17themselves.
18    (b) It may rent or lease the dwelling accommodations
19therein only at rentals within the financial reach of persons
20who lack the amount of income which it determines (pursuant to
21(a) of this Section) to be necessary in order to obtain safe,
22sanitary and uncongested dwelling accommodations within the
23area of operation of the Authority and to provide an adequate
24standard of living.

 

 

SB2037- 1092 -LRB102 17120 WGH 22551 b

1    (c) It may rent or lease to a tenant a dwelling consisting
2of the number of rooms (but no greater number) which it deems
3necessary to provide safe and sanitary accommodations to the
4proposed occupants thereof, without overcrowding.
5    (d) It shall not change the residency preference of any
6prospective tenant once the application has been accepted by
7the authority.
8    (e) It may refuse to certify or recertify applicants,
9current tenants, or other household members if, after due
10notice and an impartial hearing, that person or any of the
11proposed occupants of the dwelling has, prior to or during a
12term of tenancy or occupancy in any housing project operated
13by an Authority, been convicted of a criminal offense relating
14to the sale or distribution of controlled substances under the
15laws of this State, the United States or any other state. If an
16Authority desires a criminal history records check of all 50
17states or a 50-state confirmation of a conviction record, the
18Authority shall submit the fingerprints of the relevant
19applicant, tenant, or other household member to the Illinois
20Department of State Police in a manner prescribed by the
21Illinois Department of State Police. These fingerprints shall
22be checked against the fingerprint records now and hereafter
23filed in the Illinois Department of State Police and Federal
24Bureau of Investigation criminal history records databases.
25The Illinois Department of State Police shall charge a fee for
26conducting the criminal history records check, which shall be

 

 

SB2037- 1093 -LRB102 17120 WGH 22551 b

1deposited in the State Police Services Fund and shall not
2exceed the actual cost of the records check. The Illinois
3Department of State Police shall furnish pursuant to positive
4identification, records of conviction to the Authority.
5    (f) It may, if a tenant has created or maintained a threat
6constituting a serious and clear danger to the health or
7safety of other tenants or Authority employees, after 3 days'
8written notice of termination and without a hearing, file suit
9against any such tenant for recovery of possession of the
10premises. The tenant shall be given the opportunity to contest
11the termination in the court proceedings. A serious and clear
12danger to the health or safety of other tenants or Authority
13employees shall include, but not be limited to, any of the
14following activities of the tenant or of any other person on
15the premises with the consent of the tenant:
16        (1) Physical assault or the threat of physical
17    assault.
18        (2) Illegal use of a firearm or other weapon or the
19    threat to use in an illegal manner a firearm or other
20    weapon.
21        (3) Possession of a controlled substance by the tenant
22    or any other person on the premises with the consent of the
23    tenant if the tenant knew or should have known of the
24    possession by the other person of a controlled substance,
25    unless the controlled substance was obtained directly from
26    or pursuant to a valid prescription.

 

 

SB2037- 1094 -LRB102 17120 WGH 22551 b

1        (4) Streetgang membership as defined in the Illinois
2    Streetgang Terrorism Omnibus Prevention Act.
3    The management of low-rent public housing projects
4financed and developed under the U.S. Housing Act of 1937
5shall be in accordance with that Act.
6    Nothing contained in this Section or any other Section of
7this Act shall be construed as limiting the power of an
8Authority to vest in a bondholder or trustee the right, in the
9event of a default by the Authority, to take possession and
10operate a housing project or cause the appointment of a
11receiver thereof, free from all restrictions imposed by this
12Section or any other Section of this Act.
13(Source: P.A. 93-418, eff. 1-1-04; 93-749, eff. 7-15-04.)
 
14    Section 745. The Adult Protective Services Act is amended
15by changing Section 3.5 as follows:
 
16    (320 ILCS 20/3.5)
17    Sec. 3.5. Other responsibilities. The Department shall
18also be responsible for the following activities, contingent
19upon adequate funding; implementation shall be expanded to
20adults with disabilities upon the effective date of this
21amendatory Act of the 98th General Assembly, except those
22responsibilities under subsection (a), which shall be
23undertaken as soon as practicable:
24        (a) promotion of a wide range of endeavors for the

 

 

SB2037- 1095 -LRB102 17120 WGH 22551 b

1    purpose of preventing abuse, neglect, financial
2    exploitation, and self-neglect, including, but not limited
3    to, promotion of public and professional education to
4    increase awareness of abuse, neglect, financial
5    exploitation, and self-neglect; to increase reports; to
6    establish access to and use of the Registry established
7    under Section 7.5; and to improve response by various
8    legal, financial, social, and health systems;
9        (b) coordination of efforts with other agencies,
10    councils, and like entities, to include but not be limited
11    to, the Administrative Office of the Illinois Courts, the
12    Office of the Attorney General, the Illinois State Police,
13    the Illinois Law Enforcement Training Standards Board, the
14    State Triad, the Illinois Criminal Justice Information
15    Authority, the Departments of Public Health, Healthcare
16    and Family Services, and Human Services, the Illinois
17    Guardianship and Advocacy Commission, the Family Violence
18    Coordinating Council, the Illinois Violence Prevention
19    Authority, and other entities which may impact awareness
20    of, and response to, abuse, neglect, financial
21    exploitation, and self-neglect;
22        (c) collection and analysis of data;
23        (d) monitoring of the performance of regional
24    administrative agencies and adult protective services
25    agencies;
26        (e) promotion of prevention activities;

 

 

SB2037- 1096 -LRB102 17120 WGH 22551 b

1        (f) establishing and coordinating an aggressive
2    training program on the unique nature of adult abuse cases
3    with other agencies, councils, and like entities, to
4    include but not be limited to the Office of the Attorney
5    General, the Illinois State Police, the Illinois Law
6    Enforcement Training Standards Board, the State Triad, the
7    Illinois Criminal Justice Information Authority, the State
8    Departments of Public Health, Healthcare and Family
9    Services, and Human Services, the Family Violence
10    Coordinating Council, the Illinois Violence Prevention
11    Authority, the agency designated by the Governor under
12    Section 1 of the Protection and Advocacy for Persons with
13    Developmental Disabilities Act, and other entities that
14    may impact awareness of and response to abuse, neglect,
15    financial exploitation, and self-neglect;
16        (g) solicitation of financial institutions for the
17    purpose of making information available to the general
18    public warning of financial exploitation of adults and
19    related financial fraud or abuse, including such
20    information and warnings available through signage or
21    other written materials provided by the Department on the
22    premises of such financial institutions, provided that the
23    manner of displaying or distributing such information is
24    subject to the sole discretion of each financial
25    institution;
26        (g-1) developing by joint rulemaking with the

 

 

SB2037- 1097 -LRB102 17120 WGH 22551 b

1    Department of Financial and Professional Regulation
2    minimum training standards which shall be used by
3    financial institutions for their current and new employees
4    with direct customer contact; the Department of Financial
5    and Professional Regulation shall retain sole visitation
6    and enforcement authority under this subsection (g-1); the
7    Department of Financial and Professional Regulation shall
8    provide bi-annual reports to the Department setting forth
9    aggregate statistics on the training programs required
10    under this subsection (g-1); and
11        (h) coordinating efforts with utility and electric
12    companies to send notices in utility bills to explain to
13    persons 60 years of age or older their rights regarding
14    telemarketing and home repair fraud.
15(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
1699-143, eff. 7-27-15.)
 
17    Section 755. The Abused and Neglected Child Reporting Act
18is amended by changing Sections 7.3, 7.4, and 11.1 as follows:
 
19    (325 ILCS 5/7.3)  (from Ch. 23, par. 2057.3)
20    Sec. 7.3. (a) The Department shall be the sole agency
21responsible for receiving and investigating reports of child
22abuse or neglect made under this Act, including reports of
23adult resident abuse or neglect as defined in this Act, except
24where investigations by other agencies may be required with

 

 

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1respect to reports alleging the abuse or neglect of a child by
2a person who is not the child's parent, a member of the child's
3immediate family, a person responsible for the child's
4welfare, an individual residing in the same home as the child,
5or a paramour of the child's parent, the death of a child,
6serious injury to a child or sexual abuse to a child made
7pursuant to Sections 4.1 or 7 of this Act, and except that the
8Department may delegate the performance of the investigation
9to the Illinois Department of State Police, a law enforcement
10agency and to those private social service agencies which have
11been designated for this purpose by the Department prior to
12July 1, 1980.
13    (b) Notwithstanding any other provision of this Act, the
14Department shall adopt rules expressly allowing law
15enforcement personnel to investigate reports of suspected
16child abuse or neglect concurrently with the Department,
17without regard to whether the Department determines a report
18to be "indicated" or "unfounded" or deems a report to be
19"undetermined".
20    (c) By June 1, 2016, the Department shall adopt rules that
21address and set forth criteria and standards relevant to
22investigations of reports of abuse or neglect committed by any
23agency, as defined in Section 3 of this Act, or person working
24for an agency responsible for the welfare of a child or adult
25resident.
26(Source: P.A. 101-583, eff. 1-1-20.)
 

 

 

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1    (325 ILCS 5/7.4)  (from Ch. 23, par. 2057.4)
2    Sec. 7.4. (a) The Department shall be capable of receiving
3reports of suspected child abuse or neglect 24 hours a day, 7
4days a week. Whenever the Department receives a report
5alleging that a child is a truant as defined in Section 26-2a
6of the School Code, as now or hereafter amended, the
7Department shall notify the superintendent of the school
8district in which the child resides and the appropriate
9superintendent of the educational service region. The
10notification to the appropriate officials by the Department
11shall not be considered an allegation of abuse or neglect
12under this Act.
13    (a-5) The Department of Children and Family Services may
14implement a "differential response program" in accordance with
15criteria, standards, and procedures prescribed by rule. The
16program may provide that, upon receiving a report, the
17Department shall determine whether to conduct a family
18assessment or an investigation as appropriate to prevent or
19provide a remedy for child abuse or neglect.
20    For purposes of this subsection (a-5), "family assessment"
21means a comprehensive assessment of child safety, risk of
22subsequent child maltreatment, and family strengths and needs
23that is applied to a child maltreatment report that does not
24allege substantial child endangerment. "Family assessment"
25does not include a determination as to whether child

 

 

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1maltreatment occurred but does determine the need for services
2to address the safety of family members and the risk of
3subsequent maltreatment.
4    For purposes of this subsection (a-5), "investigation"
5means fact-gathering related to the current safety of a child
6and the risk of subsequent abuse or neglect that determines
7whether a report of suspected child abuse or neglect should be
8indicated or unfounded and whether child protective services
9are needed.
10    Under the "differential response program" implemented
11under this subsection (a-5), the Department:
12        (1) Shall conduct an investigation on reports
13    involving substantial child abuse or neglect.
14        (2) Shall begin an immediate investigation if, at any
15    time when it is using a family assessment response, it
16    determines that there is reason to believe that
17    substantial child abuse or neglect or a serious threat to
18    the child's safety exists.
19        (3) May conduct a family assessment for reports that
20    do not allege substantial child endangerment. In
21    determining that a family assessment is appropriate, the
22    Department may consider issues, including, but not limited
23    to, child safety, parental cooperation, and the need for
24    an immediate response.
25        (4) Shall promulgate criteria, standards, and
26    procedures that shall be applied in making this

 

 

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1    determination, taking into consideration the Child
2    Endangerment Risk Assessment Protocol of the Department.
3        (5) May conduct a family assessment on a report that
4    was initially screened and assigned for an investigation.
5    In determining that a complete investigation is not
6required, the Department must document the reason for
7terminating the investigation and notify the local law
8enforcement agency or the Illinois Department of State Police
9if the local law enforcement agency or Illinois Department of
10State Police is conducting a joint investigation.
11    Once it is determined that a "family assessment" will be
12implemented, the case shall not be reported to the central
13register of abuse and neglect reports.
14    During a family assessment, the Department shall collect
15any available and relevant information to determine child
16safety, risk of subsequent abuse or neglect, and family
17strengths.
18    Information collected includes, but is not limited to,
19when relevant: information with regard to the person reporting
20the alleged abuse or neglect, including the nature of the
21reporter's relationship to the child and to the alleged
22offender, and the basis of the reporter's knowledge for the
23report; the child allegedly being abused or neglected; the
24alleged offender; the child's caretaker; and other collateral
25sources having relevant information related to the alleged
26abuse or neglect. Information relevant to the assessment must

 

 

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1be asked for, and may include:
2        (A) The child's sex and age, prior reports of abuse or
3    neglect, information relating to developmental
4    functioning, credibility of the child's statement, and
5    whether the information provided under this paragraph (A)
6    is consistent with other information collected during the
7    course of the assessment or investigation.
8        (B) The alleged offender's age, a record check for
9    prior reports of abuse or neglect, and criminal charges
10    and convictions. The alleged offender may submit
11    supporting documentation relevant to the assessment.
12        (C) Collateral source information regarding the
13    alleged abuse or neglect and care of the child. Collateral
14    information includes, when relevant: (i) a medical
15    examination of the child; (ii) prior medical records
16    relating to the alleged maltreatment or care of the child
17    maintained by any facility, clinic, or health care
18    professional, and an interview with the treating
19    professionals; and (iii) interviews with the child's
20    caretakers, including the child's parent, guardian, foster
21    parent, child care provider, teachers, counselors, family
22    members, relatives, and other persons who may have
23    knowledge regarding the alleged maltreatment and the care
24    of the child.
25        (D) Information on the existence of domestic abuse and
26    violence in the home of the child, and substance abuse.

 

 

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1    Nothing in this subsection (a-5) precludes the Department
2from collecting other relevant information necessary to
3conduct the assessment or investigation. Nothing in this
4subsection (a-5) shall be construed to allow the name or
5identity of a reporter to be disclosed in violation of the
6protections afforded under Section 7.19 of this Act.
7    After conducting the family assessment, the Department
8shall determine whether services are needed to address the
9safety of the child and other family members and the risk of
10subsequent abuse or neglect.
11    Upon completion of the family assessment, if the
12Department concludes that no services shall be offered, then
13the case shall be closed. If the Department concludes that
14services shall be offered, the Department shall develop a
15family preservation plan and offer or refer services to the
16family.
17    At any time during a family assessment, if the Department
18believes there is any reason to stop the assessment and
19conduct an investigation based on the information discovered,
20the Department shall do so.
21    The procedures available to the Department in conducting
22investigations under this Act shall be followed as appropriate
23during a family assessment.
24    If the Department implements a differential response
25program authorized under this subsection (a-5), the Department
26shall arrange for an independent evaluation of the program for

 

 

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1at least the first 3 years of implementation to determine
2whether it is meeting the goals in accordance with Section 2 of
3this Act.
4    The Department may adopt administrative rules necessary
5for the execution of this Section, in accordance with Section
64 of the Children and Family Services Act.
7    The Department shall submit a report to the General
8Assembly by January 15, 2018 on the implementation progress
9and recommendations for additional needed legislative changes.
10    (b)(1) The following procedures shall be followed in the
11investigation of all reports of suspected abuse or neglect of
12a child, except as provided in subsection (c) of this Section.
13    (2) If, during a family assessment authorized by
14subsection (a-5) or an investigation, it appears that the
15immediate safety or well-being of a child is endangered, that
16the family may flee or the child disappear, or that the facts
17otherwise so warrant, the Child Protective Service Unit shall
18commence an investigation immediately, regardless of the time
19of day or night. All other investigations shall be commenced
20within 24 hours of receipt of the report. Upon receipt of a
21report, the Child Protective Service Unit shall conduct a
22family assessment authorized by subsection (a-5) or begin an
23initial investigation and make an initial determination
24whether the report is a good faith indication of alleged child
25abuse or neglect.
26    (3) Based on an initial investigation, if the Unit

 

 

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1determines the report is a good faith indication of alleged
2child abuse or neglect, then a formal investigation shall
3commence and, pursuant to Section 7.12 of this Act, may or may
4not result in an indicated report. The formal investigation
5shall include: direct contact with the subject or subjects of
6the report as soon as possible after the report is received; an
7evaluation of the environment of the child named in the report
8and any other children in the same environment; a
9determination of the risk to such children if they continue to
10remain in the existing environments, as well as a
11determination of the nature, extent and cause of any condition
12enumerated in such report; the name, age and condition of
13other children in the environment; and an evaluation as to
14whether there would be an immediate and urgent necessity to
15remove the child from the environment if appropriate family
16preservation services were provided. After seeing to the
17safety of the child or children, the Department shall
18forthwith notify the subjects of the report in writing, of the
19existence of the report and their rights existing under this
20Act in regard to amendment or expungement. To fulfill the
21requirements of this Section, the Child Protective Service
22Unit shall have the capability of providing or arranging for
23comprehensive emergency services to children and families at
24all times of the day or night.
25    (4) If (i) at the conclusion of the Unit's initial
26investigation of a report, the Unit determines the report to

 

 

SB2037- 1106 -LRB102 17120 WGH 22551 b

1be a good faith indication of alleged child abuse or neglect
2that warrants a formal investigation by the Unit, the
3Department, any law enforcement agency or any other
4responsible agency and (ii) the person who is alleged to have
5caused the abuse or neglect is employed or otherwise engaged
6in an activity resulting in frequent contact with children and
7the alleged abuse or neglect are in the course of such
8employment or activity, then the Department shall, except in
9investigations where the Director determines that such
10notification would be detrimental to the Department's
11investigation, inform the appropriate supervisor or
12administrator of that employment or activity that the Unit has
13commenced a formal investigation pursuant to this Act, which
14may or may not result in an indicated report. The Department
15shall also notify the person being investigated, unless the
16Director determines that such notification would be
17detrimental to the Department's investigation.
18    (c) In an investigation of a report of suspected abuse or
19neglect of a child by a school employee at a school or on
20school grounds, the Department shall make reasonable efforts
21to follow the following procedures:
22        (1) Investigations involving teachers shall not, to
23    the extent possible, be conducted when the teacher is
24    scheduled to conduct classes. Investigations involving
25    other school employees shall be conducted so as to
26    minimize disruption of the school day. The school employee

 

 

SB2037- 1107 -LRB102 17120 WGH 22551 b

1    accused of child abuse or neglect may have his superior,
2    his association or union representative and his attorney
3    present at any interview or meeting at which the teacher
4    or administrator is present. The accused school employee
5    shall be informed by a representative of the Department,
6    at any interview or meeting, of the accused school
7    employee's due process rights and of the steps in the
8    investigation process. These due process rights shall also
9    include the right of the school employee to present
10    countervailing evidence regarding the accusations. In an
11    investigation in which the alleged perpetrator of abuse or
12    neglect is a school employee, including, but not limited
13    to, a school teacher or administrator, and the
14    recommendation is to determine the report to be indicated,
15    in addition to other procedures as set forth and defined
16    in Department rules and procedures, the employee's due
17    process rights shall also include: (i) the right to a copy
18    of the investigation summary; (ii) the right to review the
19    specific allegations which gave rise to the investigation;
20    and (iii) the right to an administrator's teleconference
21    which shall be convened to provide the school employee
22    with the opportunity to present documentary evidence or
23    other information that supports his or her position and to
24    provide information before a final finding is entered.
25        (2) If a report of neglect or abuse of a child by a
26    teacher or administrator does not involve allegations of

 

 

SB2037- 1108 -LRB102 17120 WGH 22551 b

1    sexual abuse or extreme physical abuse, the Child
2    Protective Service Unit shall make reasonable efforts to
3    conduct the initial investigation in coordination with the
4    employee's supervisor.
5        If the Unit determines that the report is a good faith
6    indication of potential child abuse or neglect, it shall
7    then commence a formal investigation under paragraph (3)
8    of subsection (b) of this Section.
9        (3) If a report of neglect or abuse of a child by a
10    teacher or administrator involves an allegation of sexual
11    abuse or extreme physical abuse, the Child Protective Unit
12    shall commence an investigation under paragraph (2) of
13    subsection (b) of this Section.
14    (c-5) In any instance in which a report is made or caused
15to made by a school district employee involving the conduct of
16a person employed by the school district, at the time the
17report was made, as required under Section 4 of this Act, the
18Child Protective Service Unit shall send a copy of its final
19finding report to the general superintendent of that school
20district.
21    (c-10) The Department may recommend that a school district
22remove a school employee who is the subject of an
23investigation from his or her employment position pending the
24outcome of the investigation; however, all employment
25decisions regarding school personnel shall be the sole
26responsibility of the school district or employer. The

 

 

SB2037- 1109 -LRB102 17120 WGH 22551 b

1Department may not require a school district to remove a
2school employee from his or her employment position or limit
3the school employee's duties pending the outcome of an
4investigation.
5    (d) If the Department has contact with an employer, or
6with a religious institution or religious official having
7supervisory or hierarchical authority over a member of the
8clergy accused of the abuse of a child, in the course of its
9investigation, the Department shall notify the employer or the
10religious institution or religious official, in writing, when
11a report is unfounded so that any record of the investigation
12can be expunged from the employee's or member of the clergy's
13personnel or other records. The Department shall also notify
14the employee or the member of the clergy, in writing, that
15notification has been sent to the employer or to the
16appropriate religious institution or religious official
17informing the employer or religious institution or religious
18official that the Department's investigation has resulted in
19an unfounded report.
20    (d-1) Whenever a report alleges that a child was abused or
21neglected while receiving care in a hospital, including a
22freestanding psychiatric hospital licensed by the Department
23of Public Health, the Department shall send a copy of its final
24finding to the Director of Public Health and the Director of
25Healthcare and Family Services.
26    (e) Upon request by the Department, the Illinois

 

 

SB2037- 1110 -LRB102 17120 WGH 22551 b

1Department of State Police and law enforcement agencies are
2authorized to provide criminal history record information as
3defined in the Illinois Uniform Conviction Information Act and
4information maintained in the adjudicatory and dispositional
5record system as defined in Section 2605-355 of the Illinois
6Department of State Police Law (20 ILCS 2605/2605-355) to
7properly designated employees of the Department of Children
8and Family Services if the Department determines the
9information is necessary to perform its duties under the
10Abused and Neglected Child Reporting Act, the Child Care Act
11of 1969, and the Children and Family Services Act. The request
12shall be in the form and manner required by the Illinois
13Department of State Police. Any information obtained by the
14Department of Children and Family Services under this Section
15is confidential and may not be transmitted outside the
16Department of Children and Family Services other than to a
17court of competent jurisdiction or unless otherwise authorized
18by law. Any employee of the Department of Children and Family
19Services who transmits confidential information in violation
20of this Section or causes the information to be transmitted in
21violation of this Section is guilty of a Class A misdemeanor
22unless the transmittal of the information is authorized by
23this Section or otherwise authorized by law.
24    (f) For purposes of this Section, "child abuse or neglect"
25includes abuse or neglect of an adult resident as defined in
26this Act.

 

 

SB2037- 1111 -LRB102 17120 WGH 22551 b

1(Source: P.A. 100-68, eff. 1-1-18; 100-176, eff. 1-1-18;
2100-191, eff. 1-1-18; 100-863, eff. 8-14-18; 101-43, eff.
31-1-20.)
 
4    (325 ILCS 5/11.1)  (from Ch. 23, par. 2061.1)
5    Sec. 11.1. Access to records.
6    (a) A person shall have access to the records described in
7Section 11 only in furtherance of purposes directly connected
8with the administration of this Act or the Intergovernmental
9Missing Child Recovery Act of 1984. Those persons and purposes
10for access include:
11        (1) Department staff in the furtherance of their
12    responsibilities under this Act, or for the purpose of
13    completing background investigations on persons or
14    agencies licensed by the Department or with whom the
15    Department contracts for the provision of child welfare
16    services.
17        (2) A law enforcement agency investigating known or
18    suspected child abuse or neglect, known or suspected
19    involvement with child pornography, known or suspected
20    criminal sexual assault, known or suspected criminal
21    sexual abuse, or any other sexual offense when a child is
22    alleged to be involved.
23        (3) The Illinois Department of State Police when
24    administering the provisions of the Intergovernmental
25    Missing Child Recovery Act of 1984.

 

 

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1        (4) A physician who has before him a child whom he
2    reasonably suspects may be abused or neglected.
3        (5) A person authorized under Section 5 of this Act to
4    place a child in temporary protective custody when such
5    person requires the information in the report or record to
6    determine whether to place the child in temporary
7    protective custody.
8        (6) A person having the legal responsibility or
9    authorization to care for, treat, or supervise a child, or
10    a parent, prospective adoptive parent, foster parent,
11    guardian, or other person responsible for the child's
12    welfare, who is the subject of a report.
13        (7) Except in regard to harmful or detrimental
14    information as provided in Section 7.19, any subject of
15    the report, and if the subject of the report is a minor,
16    his guardian or guardian ad litem.
17        (8) A court, upon its finding that access to such
18    records may be necessary for the determination of an issue
19    before such court; however, such access shall be limited
20    to in camera inspection, unless the court determines that
21    public disclosure of the information contained therein is
22    necessary for the resolution of an issue then pending
23    before it.
24        (8.1) A probation officer or other authorized
25    representative of a probation or court services department
26    conducting an investigation ordered by a court under the

 

 

SB2037- 1113 -LRB102 17120 WGH 22551 b

1    Juvenile Court Act of 1987.
2        (9) A grand jury, upon its determination that access
3    to such records is necessary in the conduct of its
4    official business.
5        (10) Any person authorized by the Director, in
6    writing, for audit or bona fide research purposes.
7        (11) Law enforcement agencies, coroners or medical
8    examiners, physicians, courts, school superintendents and
9    child welfare agencies in other states who are responsible
10    for child abuse or neglect investigations or background
11    investigations.
12        (12) The Department of Professional Regulation, the
13    State Board of Education and school superintendents in
14    Illinois, who may use or disclose information from the
15    records as they deem necessary to conduct investigations
16    or take disciplinary action, as provided by law.
17        (13) A coroner or medical examiner who has reason to
18    believe that a child has died as the result of abuse or
19    neglect.
20        (14) The Director of a State-operated facility when an
21    employee of that facility is the perpetrator in an
22    indicated report.
23        (15) The operator of a licensed child care facility or
24    a facility licensed by the Department of Human Services
25    (as successor to the Department of Alcoholism and
26    Substance Abuse) in which children reside when a current

 

 

SB2037- 1114 -LRB102 17120 WGH 22551 b

1    or prospective employee of that facility is the
2    perpetrator in an indicated child abuse or neglect report,
3    pursuant to Section 4.3 of the Child Care Act of 1969.
4        (16) Members of a multidisciplinary team in the
5    furtherance of its responsibilities under subsection (b)
6    of Section 7.1. All reports concerning child abuse and
7    neglect made available to members of such
8    multidisciplinary teams and all records generated as a
9    result of such reports shall be confidential and shall not
10    be disclosed, except as specifically authorized by this
11    Act or other applicable law. It is a Class A misdemeanor to
12    permit, assist or encourage the unauthorized release of
13    any information contained in such reports or records.
14    Nothing contained in this Section prevents the sharing of
15    reports or records relating or pertaining to the death of
16    a minor under the care of or receiving services from the
17    Department of Children and Family Services and under the
18    jurisdiction of the juvenile court with the juvenile
19    court, the State's Attorney, and the minor's attorney.
20        (17) The Department of Human Services, as provided in
21    Section 17 of the Rehabilitation of Persons with
22    Disabilities Act.
23        (18) Any other agency or investigative body, including
24    the Department of Public Health and a local board of
25    health, authorized by State law to conduct an
26    investigation into the quality of care provided to

 

 

SB2037- 1115 -LRB102 17120 WGH 22551 b

1    children in hospitals and other State regulated care
2    facilities.
3        (19) The person appointed, under Section 2-17 of the
4    Juvenile Court Act of 1987, as the guardian ad litem of a
5    minor who is the subject of a report or records under this
6    Act; or the person appointed, under Section 5-610 of the
7    Juvenile Court Act of 1987, as the guardian ad litem of a
8    minor who is in the custody or guardianship of the
9    Department or who has an open intact family services case
10    with the Department and who is the subject of a report or
11    records made pursuant to this Act.
12        (20) The Department of Human Services, as provided in
13    Section 10 of the Early Intervention Services System Act,
14    and the operator of a facility providing early
15    intervention services pursuant to that Act, for the
16    purpose of determining whether a current or prospective
17    employee who provides or may provide direct services under
18    that Act is the perpetrator in an indicated report of
19    child abuse or neglect filed under this Act.
20    (b) Nothing contained in this Act prevents the sharing or
21disclosure of information or records relating or pertaining to
22juveniles subject to the provisions of the Serious Habitual
23Offender Comprehensive Action Program when that information is
24used to assist in the early identification and treatment of
25habitual juvenile offenders.
26    (c) To the extent that persons or agencies are given

 

 

SB2037- 1116 -LRB102 17120 WGH 22551 b

1access to information pursuant to this Section, those persons
2or agencies may give this information to and receive this
3information from each other in order to facilitate an
4investigation conducted by those persons or agencies.
5(Source: P.A. 100-158, eff. 1-1-18; 101-43, eff. 1-1-20.)
 
6    Section 760. The Intergovernmental Missing Child Recovery
7Act of 1984 is amended by changing Sections 2, 3, 3.5, 3.6, 6,
8and 7 as follows:
 
9    (325 ILCS 40/2)  (from Ch. 23, par. 2252)
10    Sec. 2. As used in this Act:
11    (a) (Blank). "Department" means the Department of State
12Police.
13    (b) "Director" means the Director of the Illinois
14Department of State Police.
15    (c) "Unit of local government" is defined as in Article
16VII, Section 1 of the Illinois Constitution and includes both
17home rule units and units which are not home rule units. The
18term is also defined to include all public school districts
19subject to the provisions of the School Code.
20    (d) "Child" means a person under 21 years of age.
21    (e) A "LEADS terminal" is an interactive computerized
22communication and processing unit which permits a direct
23on-line communication with the Illinois Department of State
24Police's central data repository, the Law Enforcement Agencies

 

 

SB2037- 1117 -LRB102 17120 WGH 22551 b

1Data System (LEADS).
2    (f) A "primary contact agency" means a law enforcement
3agency which maintains a LEADS terminal, or has immediate
4access to one on a 24-hour-per-day, 7-day-per-week basis by
5written agreement with another law enforcement agency.
6    (g) (Blank).
7    (h) "Missing child" means any person under 21 years of age
8whose whereabouts are unknown to his or her parents or legal
9guardian.
10    (i) "Exploitation" means activities and actions which
11include, but are not limited to, child pornography, aggravated
12child pornography, child prostitution, child sexual abuse,
13drug and substance abuse by children, and child suicide.
14    (j) (Blank).
15(Source: P.A. 96-1551, eff. 7-1-11; 97-938, eff. 1-1-13.)
 
16    (325 ILCS 40/3)  (from Ch. 23, par. 2253)
17    Sec. 3. The Illinois State Police Department shall
18establish a State Missing Persons Clearinghouse as a resource
19to promote an immediate and effective community response to
20missing children and may engage in, but shall not be limited
21to, the following activities:
22    (a) To establish and conduct programs to educate parents,
23children and communities in ways to prevent the abduction of
24children.
25    (b) To conduct training programs and distribute materials

 

 

SB2037- 1118 -LRB102 17120 WGH 22551 b

1providing guidelines for children when dealing with strangers,
2casual acquaintances, or non-custodial parents, in order to
3avoid abduction or kidnapping situations.
4    (c) To compile, maintain and make available data upon the
5request of law enforcement agencies and other entities deemed
6appropriate by the Illinois State Police Department to assist
7enforcement agencies in recovering missing children, including
8but not limited to data regarding the places of shelter
9commonly used by runaway children in a requested geographical
10area.
11    (d) To draft and implement plans for the most efficient
12use of available resources to publicize information regarding
13missing children.
14    (e) To establish and maintain contacts with other state
15missing persons clearinghouses, law enforcement agencies, and
16missing persons non-profit organizations in order to increase
17the probability of locating and returning missing children,
18and to otherwise assist in the recovery and tracking of
19missing children.
20    (f) To coordinate the tracking and recovery of children
21under the custody or guardianship of the Department of
22Children and Family Services whose disappearance has been
23reported and to produce an annual report indicating the number
24of children under the custody or guardianship of that
25Department who have been reported missing and the number who
26have been recovered.

 

 

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1    (g) To conduct other activities as may be necessary to
2achieve the goals established by this Act.
3(Source: P.A. 97-938, eff. 1-1-13.)
 
4    (325 ILCS 40/3.5)
5    Sec. 3.5. Contact with Department of Children and Family
6Services. For each child reported missing and entered into the
7LEADS network, the Illinois State Police Department shall, in
8the form and manner it determines, contact the Department of
9Children and Family Services to provide it with the name, age,
10and sex of the child, and the geographic area from which the
11child was reported missing so that the Department of Children
12and Family Services can determine if that child had been
13abandoned within the previous 2 months.
14(Source: P.A. 97-938, eff. 1-1-13.)
 
15    (325 ILCS 40/3.6)
16    Sec. 3.6. Department of Children and Family Services;
17missing persons. The Illinois State Police Department shall
18develop and conduct a training advisory for LEADS reporting of
19missing persons when the missing individual, regardless of
20age, is under the care and legal custody of the Department of
21Children and Family Services.
22(Source: P.A. 99-351, eff. 1-1-16.)
 
23    (325 ILCS 40/6)  (from Ch. 23, par. 2256)

 

 

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1    Sec. 6. The Illinois State Police Department shall:
2    (a) Utilize the Establish and maintain a statewide Law
3Enforcement Agencies Data System (LEADS) for the purpose of
4effecting an immediate law enforcement response to reports of
5missing children. The Illinois State Police Department shall
6implement an automated data exchange system to compile, to
7maintain and to make available for dissemination to Illinois
8and out-of-State law enforcement agencies, data which can
9assist appropriate agencies in recovering missing children.
10    (b) Establish contacts and exchange information regarding
11lost, missing or runaway children with nationally recognized
12"missing person and runaway" service organizations and monitor
13national research and publicize important developments.
14    (c) Provide a uniform reporting format for the entry of
15pertinent information regarding reports of missing children
16into LEADS.
17    (d) Develop and implement a policy whereby a statewide or
18regional alert would be used in situations relating to the
19disappearances of children, based on criteria and in a format
20established by the Illinois State Police Department. Such a
21format shall include, but not be limited to, the age and
22physical description of the missing child and the suspected
23circumstances of the disappearance.
24    (e) Notify all law enforcement agencies that reports of
25missing persons shall be entered as soon as the minimum level
26of data specified by the Illinois State Police Department is

 

 

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1available to the reporting agency and that no waiting period
2for entry of such data exists.
3    (f) Provide a procedure for prompt confirmation of the
4receipt and entry of the missing child report into LEADS to the
5parent or guardian of the missing child.
6    (g) Compile and retain information regarding missing
7children in a separate data file, in a manner that allows such
8information to be used by law enforcement and other agencies
9deemed appropriate by the Director, for investigative
10purposes. Such files shall be updated to reflect and include
11information relating to the disposition of the case.
12    (h) Compile and maintain an historic data repository
13relating to missing children in order (1) to develop and
14improve techniques utilized by law enforcement agencies when
15responding to reports of missing children and (2) to provide a
16factual and statistical base for research that would address
17the problem of missing children.
18    (i) Create a quality control program to monitor timeliness
19of entries of missing children reports into LEADS and conduct
20performance audits of all entering agencies.
21    (j) Prepare a periodic information bulletin concerning
22missing children who it determines may be present in this
23State, compiling such bulletin from information contained in
24both the National Crime Information Center computer and from
25reports, alerts and other information entered into LEADS or
26otherwise compiled and retained by the Illinois State Police

 

 

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1Department pursuant to this Act. The bulletin shall indicate
2the name, age, physical description, suspected circumstances
3of disappearance if that information is available, a
4photograph if one is available, the name of the law
5enforcement agency investigating the case, and such other
6information as the Director considers appropriate concerning
7each missing child who the Illinois State Police Department
8determines may be present in this State. The Illinois State
9Police Department shall send a copy of each periodic
10information bulletin to the State Board of Education for its
11use in accordance with Section 2-3.48 of the School Code. The
12Illinois State Police Department shall provide a copy of the
13bulletin, upon request, to law enforcement agencies of this or
14any other state or of the federal government, and may provide a
15copy of the bulletin, upon request, to other persons or
16entities, if deemed appropriate by the Director, and may
17establish limitations on its use and a reasonable fee for so
18providing the same, except that no fee shall be charged for
19providing the periodic information bulletin to the State Board
20of Education, appropriate units of local government, State
21agencies, or law enforcement agencies of this or any other
22state or of the federal government.
23    (k) Provide for the entry into LEADS of the names and
24addresses of sex offenders as defined in the Sex Offender
25Registration Act who are required to register under that Act.
26The information shall be immediately accessible to law

 

 

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1enforcement agencies and peace officers of this State or any
2other state or of the federal government. Similar information
3may be requested from any other state or of the federal
4government for purposes of this Act.
5    (l) Provide for the entry into LEADS of the names and
6addresses of violent offenders against youth as defined in the
7Murderer and Violent Offender Against Youth Registration Act
8who are required to register under that Act. The information
9shall be immediately accessible to law enforcement agencies
10and peace officers of this State or any other state or of the
11federal government. Similar information may be requested from
12any other state or of the federal government for purposes of
13this Act.
14(Source: P.A. 97-154, eff. 1-1-12.)
 
15    (325 ILCS 40/7)  (from Ch. 23, par. 2257)
16    Sec. 7. (a) All law enforcement agencies and policing
17bodies of this State shall, upon receipt of a report of a
18missing person, enter that report into LEADS as soon as the
19minimum level of data specified pursuant to subsection (e) of
20Section 6 is available and shall furnish the Illinois State
21Police Department, in the form and detail the Illinois State
22Police Department requires, (1) reports of cases of lost,
23missing or runaway children as they arise and the disposition
24of such cases, (2) information relating to sex crimes which
25occurred in their respective jurisdictions and which they

 

 

SB2037- 1124 -LRB102 17120 WGH 22551 b

1investigated, and (3) the names and addresses of sex offenders
2required to register in their respective jurisdictions under
3the Sex Offender Registration Act. Such information shall be
4submitted on a regular basis, as deemed necessary by the
5Illinois State Police Department, and shall be kept in a
6central automated data repository for the purpose of
7establishing profiles of sex offenders and victims and to
8assist all law enforcement agencies in the identification and
9apprehension of sex offenders.
10    (b) In addition to entering the report of a missing child
11into LEADS as prescribed by subsection (a), all law
12enforcement agencies shall, upon receipt of a report of a
13missing child:
14        (1) Immediately make a radio dispatch to officers on
15    duty at the time of receipt of the report. The dispatch
16    shall contain the name and approximate age of the missing
17    child and any other pertinent information available at
18    that time. In the event that the law enforcement agency
19    receiving the report of the missing child does not operate
20    a radio dispatch system, a geographically appropriate
21    radio dispatch system shall be used, such as the Illinois
22    State Police Emergency Radio Network or a similar
23    multi-agency law enforcement radio communication system
24    serving the area of the reporting agency.
25        In addition, in the event that a missing child is not
26    recovered during the work shift in which the radio

 

 

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1    dispatch was made, the law enforcement agency receiving
2    the report of the missing child shall disseminate the
3    information relating to the missing child to all sworn
4    personnel employed by the agency who work or are assigned
5    to other shifts or time periods.
6        (2) Immediately contact State Missing Persons
7    Clearinghouse personnel designated by the Illinois State
8    Police Department, by a means and in a manner and form
9    prescribed by the Illinois State Police Department,
10    informing the personnel of the report of the missing
11    child.
12(Source: P.A. 97-938, eff. 1-1-13.)
 
13    Section 765. The Missing Children Records Act is amended
14by changing Sections 1, 2, 3, 4, and 5 as follows:
 
15    (325 ILCS 50/1)  (from Ch. 23, par. 2281)
16    Sec. 1. Definitions. As used in this Act, unless the
17context requires otherwise:
18    (a) "Custodian" means the State Registrar of Vital
19Records, local registrars of vital records appointed by the
20State Registrar and county clerks.
21    (b) (Blank). "Department" means the Illinois Department of
22State Police.
23    (c) "Missing person" means a person 17 years old or
24younger reported to any law enforcement authority as abducted,

 

 

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1lost or a runaway.
2    (d) "Registrar" means the State Registrar of Vital
3Records.
4(Source: P.A. 84-1430.)
 
5    (325 ILCS 50/2)  (from Ch. 23, par. 2282)
6    Sec. 2. Illinois State Police Department duties. Upon
7entry of a report of a missing person born in Illinois into the
8Law Enforcement Agencies Data System (LEADS) established
9pursuant to the Intergovernmental Missing Child Recovery Act
10of 1984, the Illinois State Police Department shall notify the
11Registrar within 5 business days of the disappearance and
12shall provide the Registrar with information concerning the
13identity of the missing person. Upon entry of a report of a
14missing person born in a state other than Illinois into the Law
15Enforcement Agencies Data System (LEADS), the Illinois State
16Police Department shall notify the registrar, or other state
17agency responsible for vital records, in that state within 5
18business days of the disappearance and shall provide such
19registrar or other agency with information concerning the
20identity of the missing person.
21    If the Illinois State Police Department has reason to
22believe that a missing person has been enrolled in a specific
23Illinois elementary or secondary school, it shall notify the
24last such known school as to the disappearance at which time
25the school shall flag the missing child's record pursuant to

 

 

SB2037- 1127 -LRB102 17120 WGH 22551 b

1Section 5.
2    Upon learning of the recovery of a missing person, the
3Illinois State Police Department shall so notify the Registrar
4and any school previously informed of the person's
5disappearance.
6    The Illinois State Police Department shall by rule
7determine the manner and form of notices and information
8required by this Act.
9(Source: P.A. 84-1430.)
 
10    (325 ILCS 50/3)  (from Ch. 23, par. 2283)
11    Sec. 3. Registrar duties. Upon notification by the
12Illinois State Police Department that a person born in this
13State is missing, the Registrar shall flag the birth
14certificate record of that person in such a manner that
15whenever a copy of the birth certificate or information
16regarding the birth record is requested, the Registrar shall
17be alerted to the fact that the certificate is that of a
18missing person. The Registrar shall also notify the
19appropriate municipality or county custodians to likewise flag
20their records. Upon notification by the Illinois State Police
21Department that the missing person has been recovered, the
22Registrar shall remove the flag from the person's birth
23certificate record and shall notify any other previously
24notified municipality or county custodian to remove the flag
25from his record.

 

 

SB2037- 1128 -LRB102 17120 WGH 22551 b

1(Source: P.A. 84-1430.)
 
2    (325 ILCS 50/4)  (from Ch. 23, par. 2284)
3    Sec. 4. Custodian duties. (a) In response to any inquiry,
4a custodian shall not provide a copy of a birth certificate or
5information concerning the birth record of any person whose
6record is flagged pursuant to Section 3 except as approved by
7the Illinois State Police Department.
8    (b) When a copy of the birth certificate of a person whose
9record has been flagged is requested in person, the
10custodian's personnel accepting the request shall immediately
11notify his supervisor. The custodian's personnel shall then
12follow procedures prescribed by the Illinois State Police
13Department to clearly ascertain the identity of the person
14making the request, his address and his physical description.
15Such procedures shall include requiring the person making the
16request to complete a standardized information form and to
17present at least one form of photo identification. The
18custodian's personnel shall inform the person making the
19request that a copy of the certificate shall be mailed to him,
20and, upon the latter's departure from the custodian's office,
21his supervisor shall immediately notify the Illinois State
22Police Department or the local law enforcement authority as to
23the request and the information obtained pursuant to this
24subsection. The custodian shall retain the form completed by
25the person making the request.

 

 

SB2037- 1129 -LRB102 17120 WGH 22551 b

1    (c) When a copy of the birth certificate of a person whose
2record has been flagged is requested in writing, the
3custodian's personnel receiving the request shall immediately
4notify his supervisor. The supervisor shall immediately notify
5the Illinois State Police Department or local law enforcement
6authority as to the request and shall provide a copy of the
7written request. The custodian shall retain the original
8written request.
9(Source: P.A. 84-1430.)
 
10    (325 ILCS 50/5)  (from Ch. 23, par. 2285)
11    Sec. 5. Duties of school or other entity.
12    (a) Upon notification by the Illinois State Police
13Department of a person's disappearance, a school, preschool
14educational program, child care facility, or day care home or
15group day care home in which the person is currently or was
16previously enrolled shall flag the record of that person in
17such a manner that whenever a copy of or information regarding
18the record is requested, the school or other entity shall be
19alerted to the fact that the record is that of a missing
20person. The school or other entity shall immediately report to
21the Illinois State Police Department any request concerning
22flagged records or knowledge as to the whereabouts of any
23missing person. Upon notification by the Illinois State Police
24Department that the missing person has been recovered, the
25school or other entity shall remove the flag from the person's

 

 

SB2037- 1130 -LRB102 17120 WGH 22551 b

1record.
2    (b) (1) For every child enrolled in a particular
3elementary or secondary school, public or private preschool
4educational program, public or private child care facility
5licensed under the Child Care Act of 1969, or day care home or
6group day care home licensed under the Child Care Act of 1969,
7that school or other entity shall notify in writing the person
8enrolling the child that within 30 days he must provide either
9(i) a certified copy of the child's birth certificate or (ii)
10other reliable proof, as determined by the Illinois State
11Police Department, of the child's identity and age and an
12affidavit explaining the inability to produce a copy of the
13birth certificate. Other reliable proof of the child's
14identity and age shall include a passport, visa or other
15governmental documentation of the child's identity. When the
16person enrolling the child provides the school or other entity
17with a certified copy of the child's birth certificate, the
18school or other entity shall promptly make a copy of the
19certified copy for its records and return the original
20certified copy to the person enrolling the child. Once a
21school or other entity has been provided with a certified copy
22of a child's birth certificate as required under item (i) of
23this subdivision (b)(1), the school or other entity need not
24request another such certified copy with respect to that child
25for any other year in which the child is enrolled in that
26school or other entity.

 

 

SB2037- 1131 -LRB102 17120 WGH 22551 b

1    (2) Upon the failure of a person enrolling a child to
2comply with subsection (b) (1), the school or other entity
3shall immediately notify the Illinois State Police Department
4or local law enforcement agency of such failure, and shall
5notify the person enrolling the child in writing that he has 10
6additional days to comply.
7    (3) The school or other entity shall immediately report to
8the Illinois State Police Department any affidavit received
9pursuant to this subsection which appears inaccurate or
10suspicious in form or content.
11    (c) Within 14 days after enrolling a transfer student, the
12elementary or secondary school shall request directly from the
13student's previous school a certified copy of his record. The
14requesting school shall exercise due diligence in obtaining
15the copy of the record requested. Any elementary or secondary
16school requested to forward a copy of a transferring student's
17record to the new school shall comply within 10 days of receipt
18of the request unless the record has been flagged pursuant to
19subsection (a), in which case the copy shall not be forwarded
20and the requested school shall notify the Illinois State
21Police Department or local law enforcement authority of the
22request.
23(Source: P.A. 95-439, eff. 1-1-08; 95-793, eff. 8-8-08.)
 
24    Section 770. The Missing Children Registration Law is
25amended by changing Sections 1, 2, 3, 4, 5, and 6 as follows:
 

 

 

SB2037- 1132 -LRB102 17120 WGH 22551 b

1    (325 ILCS 55/1)  (from Ch. 23, par. 2271)
2    Sec. 1. Definitions. As used in this Article, unless the
3context requires otherwise:
4    (a) "Custodian" means the State Registrar of Vital
5Records, local registrars of vital records appointed by the
6State Registrar and county clerks.
7    (b) (Blank). "Department" means the Illinois Department of
8State Police.
9    (c) "Missing child" means a person under the age of 18
10years, reported to any law enforcement authority as abducted,
11lost or a runaway, whose identity is entered into the Law
12Enforcement Agencies Data System.
13    (d) "Registrar" means the State Registrar of Vital
14Records.
15(Source: P.A. 84-1279.)
 
16    (325 ILCS 55/2)  (from Ch. 23, par. 2272)
17    Sec. 2. Illinois State Police Department duties. Upon
18entry of a report of a missing child born in Illinois into the
19Law Enforcement Agencies Data System, the Illinois State
20Police Department shall notify the Registrar of the
21disappearance and shall provide the Registrar with information
22concerning the identity of the missing child.
23    If the Illinois State Police Department has reason to
24believe that a missing child may be enrolled in an Illinois

 

 

SB2037- 1133 -LRB102 17120 WGH 22551 b

1elementary or secondary school, it shall notify the last such
2known school as to the disappearance, at which time the school
3shall flag the missing child's record pursuant to Section 5.
4    Upon learning of the recovery of a missing child, the
5Illinois State Police Department shall so notify the
6Registrar.
7    The Illinois State Police Department shall by rule
8determine the manner and form of notices and information
9required by this Article.
10(Source: P.A. 84-1279.)
 
11    (325 ILCS 55/3)  (from Ch. 23, par. 2273)
12    Sec. 3. Registrar duties. Upon notification by the
13Illinois State Police Department that a person under the age
14of 18 years who was born in this State is missing, the
15Registrar shall flag the birth certificate record of that
16person in such a manner that whenever a copy of the birth
17certificate or information regarding the birth record is
18requested, the Registrar shall be alerted to the fact that the
19certificate is that of a missing child. The Registrar shall
20also notify the appropriate city or county custodian to
21likewise flag his records. Upon notification by the Illinois
22State Police Department that the missing child has been
23recovered, the Registrar shall remove the flag from the
24person's birth certificate record and shall notify any other
25previously notified city or county custodian to remove the

 

 

SB2037- 1134 -LRB102 17120 WGH 22551 b

1flag from his record.
2(Source: P.A. 84-1279.)
 
3    (325 ILCS 55/4)  (from Ch. 23, par. 2274)
4    Sec. 4. Custodian duties. (a) In response to any inquiry,
5a custodian shall not provide a copy of a birth certificate or
6information concerning the birth record of any person whose
7record is flagged pursuant to Section 3 except as approved by
8the Illinois State Police Department.
9    (b) When a copy of the birth certificate of a person whose
10record has been flagged is requested in person, the
11custodian's personnel accepting the request shall immediately
12notify his supervisor. The person making the request shall
13complete a form as prescribed by the Illinois State Police
14Department, which may include the name, address, telephone
15number and social security number of the person making the
16request, his or her relationship to the missing child and the
17name, address and birth date of the missing child. The
18driver's license of the person making the request, if
19available, shall be photocopied and returned to him. He shall
20be informed that a copy of the certificate shall be mailed to
21him. The custodian's personnel shall note the physical
22description of the person making the request, and, upon the
23latter's departure from the custodian's office, his supervisor
24shall immediately notify the local law enforcement authority
25as to the request and the information obtained pursuant to

 

 

SB2037- 1135 -LRB102 17120 WGH 22551 b

1this subsection. The custodian shall retain the form completed
2by the person making the request.
3    (c) When a copy of the birth certificate of a person whose
4record has been flagged is requested in writing, the
5custodian's personnel receiving the request shall immediately
6notify his supervisor. The supervisor shall immediately notify
7the local law enforcement authority as to the request and
8shall provide a copy of the written request. The custodian
9shall retain the original written request.
10(Source: P.A. 84-1279.)
 
11    (325 ILCS 55/5)  (from Ch. 23, par. 2275)
12    Sec. 5. School duties. (a) Upon notification by the
13Illinois State Police Department of a child's disappearance, a
14school in which the child is currently or was previously
15enrolled shall flag the record of that child in such a manner
16that whenever a copy of or information regarding the record is
17requested, the school shall be alerted to the fact that the
18record is that of a missing child. The school shall
19immediately report to the local law enforcement authority any
20request concerning flagged records or knowledge as to the
21whereabouts of any missing child. Upon notification by the
22Illinois State Police Department that the missing child has
23been recovered, the school shall remove the flag from the
24person's record.
25    (b) Upon enrollment of a student for the first time in a

 

 

SB2037- 1136 -LRB102 17120 WGH 22551 b

1particular elementary or secondary school, that school shall
2notify in writing the person enrolling the student that within
330 days he must provide either (1) a certified copy of the
4student's birth certificate or (2) other reliable proof, as
5determined by the Illinois State Police Department, of the
6student's identity and age, and an affidavit explaining the
7inability to produce a copy of the birth certificate.
8    Upon the failure of a person enrolling a student to comply
9with this subsection, the school shall immediately notify the
10local law enforcement agency and shall also notify the person
11enrolling the student in writing that, unless he complies
12within 10 days, the case shall be referred to the local law
13enforcement authority for investigation. If compliance is not
14obtained within that 10 day period, the school shall so refer
15the case.
16    The school shall immediately report to the local law
17enforcement authority any affidavit received pursuant to this
18subsection which appears inaccurate or suspicious in form or
19content.
20    (c) Within 14 days after enrolling a transfer student, the
21elementary or secondary school shall request directly from the
22student's previous school a certified copy of his record. The
23requesting school shall exercise due diligence in obtaining
24the copy of the record requested. Any elementary or secondary
25school requested to forward a copy of a transferring student's
26record to the new school shall comply within 10 days of receipt

 

 

SB2037- 1137 -LRB102 17120 WGH 22551 b

1of such request unless the record has been flagged pursuant to
2subsection (a), in which case the copy shall not be forwarded
3and the requested school shall notify the local law
4enforcement authority of the request.
5(Source: P.A. 84-1279.)
 
6    (325 ILCS 55/6)  (from Ch. 23, par. 2276)
7    Sec. 6. Local law enforcement duties. Any local law
8enforcement authority notified pursuant to this Article of the
9request for the birth certificate or school record of or other
10information concerning a missing child shall immediately
11notify the Illinois State Police Department of such request
12and shall investigate the request.
13(Source: P.A. 84-1279.)
 
14    Section 815. The Mental Health and Developmental
15Disabilities Code is amended by changing Sections 6-103.1,
166-103.2, and 6-103.3 as follows:
 
17    (405 ILCS 5/6-103.1)
18    Sec. 6-103.1. Adjudication as a person with a mental
19disability. When a person has been adjudicated as a person
20with a mental disability as defined in Section 1.1 of the
21Firearm Owners Identification Card Act, including, but not
22limited to, an adjudication as a person with a disability as
23defined in Section 11a-2 of the Probate Act of 1975, the court

 

 

SB2037- 1138 -LRB102 17120 WGH 22551 b

1shall direct the circuit court clerk to notify the Illinois
2Department of State Police, Firearm Owner's Identification
3(FOID) Office, in a form and manner prescribed by the Illinois
4Department of State Police, and shall forward a copy of the
5court order to the Department no later than 7 days after the
6entry of the order. Upon receipt of the order, the Illinois
7Department of State Police shall provide notification to the
8National Instant Criminal Background Check System.
9(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
 
10    (405 ILCS 5/6-103.2)
11    Sec. 6-103.2. Developmental disability; notice. If a
12person 14 years old or older is determined to be a person with
13a developmental disability by a physician, clinical
14psychologist, or qualified examiner, the physician, clinical
15psychologist, or qualified examiner shall notify the
16Department of Human Services within 7 days of making the
17determination that the person has a developmental disability.
18The Department of Human Services shall immediately update its
19records and information relating to mental health and
20developmental disabilities, and if appropriate, shall notify
21the Illinois Department of State Police in a form and manner
22prescribed by the Illinois Department of State Police.
23Information disclosed under this Section shall remain
24privileged and confidential, and shall not be redisclosed,
25except as required under subsection (e) of Section 3.1 of the

 

 

SB2037- 1139 -LRB102 17120 WGH 22551 b

1Firearm Owners Identification Card Act, nor used for any other
2purpose. The method of providing this information shall
3guarantee that the information is not released beyond that
4which is necessary for the purpose of this Section and shall be
5provided by rule by the Department of Human Services. The
6identity of the person reporting under this Section shall not
7be disclosed to the subject of the report.
8    The physician, clinical psychologist, or qualified
9examiner making the determination and his or her employer may
10not be held criminally, civilly, or professionally liable for
11making or not making the notification required under this
12Section, except for willful or wanton misconduct.
13    For purposes of this Section, "developmental disability"
14means a disability which is attributable to any other
15condition which results in impairment similar to that caused
16by an intellectual disability and which requires services
17similar to those required by intellectually disabled persons.
18The disability must originate before the age of 18 years, be
19expected to continue indefinitely, and constitute a
20substantial disability. This disability results, in the
21professional opinion of a physician, clinical psychologist, or
22qualified examiner, in significant functional limitations in 3
23or more of the following areas of major life activity:
24        (i) self-care;
25        (ii) receptive and expressive language;
26        (iii) learning;

 

 

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1        (iv) mobility; or
2        (v) self-direction.
3    "Determined to be a person with a developmental disability
4by a physician, clinical psychologist, or qualified examiner"
5means in the professional opinion of the physician, clinical
6psychologist, or qualified examiner, a person is diagnosed,
7assessed, or evaluated as having a developmental disability.
8(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
9eff. 7-27-15; 99-642, eff. 7-28-16.)
 
10    (405 ILCS 5/6-103.3)
11    Sec. 6-103.3. Clear and present danger; notice. If a
12person is determined to pose a clear and present danger to
13himself, herself, or to others by a physician, clinical
14psychologist, or qualified examiner, whether employed by the
15State, by any public or private mental health facility or part
16thereof, or by a law enforcement official or a school
17administrator, then the physician, clinical psychologist,
18qualified examiner shall notify the Department of Human
19Services and a law enforcement official or school
20administrator shall notify the Illinois Department of State
21Police, within 24 hours of making the determination that the
22person poses a clear and present danger. The Department of
23Human Services shall immediately update its records and
24information relating to mental health and developmental
25disabilities, and if appropriate, shall notify the Illinois

 

 

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1Department of State Police in a form and manner prescribed by
2the Illinois Department of State Police. Information disclosed
3under this Section shall remain privileged and confidential,
4and shall not be redisclosed, except as required under
5subsection (e) of Section 3.1 of the Firearm Owners
6Identification Card Act, nor used for any other purpose. The
7method of providing this information shall guarantee that the
8information is not released beyond that which is necessary for
9the purpose of this Section and shall be provided by rule by
10the Department of Human Services. The identity of the person
11reporting under this Section shall not be disclosed to the
12subject of the report. The physician, clinical psychologist,
13qualified examiner, law enforcement official, or school
14administrator making the determination and his or her employer
15shall not be held criminally, civilly, or professionally
16liable for making or not making the notification required
17under this Section, except for willful or wanton misconduct.
18This Section does not apply to a law enforcement official, if
19making the notification under this Section will interfere with
20an ongoing or pending criminal investigation.
21    For the purposes of this Section:
22        "Clear and present danger" has the meaning ascribed to
23    it in Section 1.1 of the Firearm Owners Identification
24    Card Act.
25        "Determined to pose a clear and present danger to
26    himself, herself, or to others by a physician, clinical

 

 

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1    psychologist, or qualified examiner" means in the
2    professional opinion of the physician, clinical
3    psychologist, or qualified examiner, a person poses a
4    clear and present danger.
5        "School administrator" means the person required to
6    report under the School Administrator Reporting of Mental
7    Health Clear and Present Danger Determinations Law.
8(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
9    Section 820. The Sexual Assault Survivors Emergency
10Treatment Act is amended by changing Sections 1a, 5, 6.4, and
119.5 as follows:
 
12    (410 ILCS 70/1a)  (from Ch. 111 1/2, par. 87-1a)
13    Sec. 1a. Definitions.
14    (a) In this Act:
15    "Advanced practice registered nurse" has the meaning
16provided in Section 50-10 of the Nurse Practice Act.
17    "Ambulance provider" means an individual or entity that
18owns and operates a business or service using ambulances or
19emergency medical services vehicles to transport emergency
20patients.
21    "Approved pediatric health care facility" means a health
22care facility, other than a hospital, with a sexual assault
23treatment plan approved by the Department to provide medical
24forensic services to pediatric sexual assault survivors who

 

 

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1present with a complaint of sexual assault within a minimum of
2the last 7 days or who have disclosed past sexual assault by a
3specific individual and were in the care of that individual
4within a minimum of the last 7 days.
5    "Areawide sexual assault treatment plan" means a plan,
6developed by hospitals or by hospitals and approved pediatric
7health care facilities in a community or area to be served,
8which provides for medical forensic services to sexual assault
9survivors that shall be made available by each of the
10participating hospitals and approved pediatric health care
11facilities.
12    "Board-certified child abuse pediatrician" means a
13physician certified by the American Board of Pediatrics in
14child abuse pediatrics.
15    "Board-eligible child abuse pediatrician" means a
16physician who has completed the requirements set forth by the
17American Board of Pediatrics to take the examination for
18certification in child abuse pediatrics.
19    "Department" means the Department of Public Health.
20    "Emergency contraception" means medication as approved by
21the federal Food and Drug Administration (FDA) that can
22significantly reduce the risk of pregnancy if taken within 72
23hours after sexual assault.
24    "Follow-up healthcare" means healthcare services related
25to a sexual assault, including laboratory services and
26pharmacy services, rendered within 90 days of the initial

 

 

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1visit for medical forensic services.
2    "Health care professional" means a physician, a physician
3assistant, a sexual assault forensic examiner, an advanced
4practice registered nurse, a registered professional nurse, a
5licensed practical nurse, or a sexual assault nurse examiner.
6    "Hospital" means a hospital licensed under the Hospital
7Licensing Act or operated under the University of Illinois
8Hospital Act, any outpatient center included in the hospital's
9sexual assault treatment plan where hospital employees provide
10medical forensic services, and an out-of-state hospital that
11has consented to the jurisdiction of the Department under
12Section 2.06.
13    "Illinois State Police Sexual Assault Evidence Collection
14Kit" means a prepackaged set of materials and forms to be used
15for the collection of evidence relating to sexual assault. The
16standardized evidence collection kit for the State of Illinois
17shall be the Illinois State Police Sexual Assault Evidence
18Collection Kit.
19    "Law enforcement agency having jurisdiction" means the law
20enforcement agency in the jurisdiction where an alleged sexual
21assault or sexual abuse occurred.
22    "Licensed practical nurse" has the meaning provided in
23Section 50-10 of the Nurse Practice Act.
24    "Medical forensic services" means health care delivered to
25patients within or under the care and supervision of personnel
26working in a designated emergency department of a hospital or

 

 

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1an approved pediatric health care facility. "Medical forensic
2services" includes, but is not limited to, taking a medical
3history, performing photo documentation, performing a physical
4and anogenital examination, assessing the patient for evidence
5collection, collecting evidence in accordance with a statewide
6sexual assault evidence collection program administered by the
7Illinois Department of State Police using the Illinois State
8Police Sexual Assault Evidence Collection Kit, if appropriate,
9assessing the patient for drug-facilitated or
10alcohol-facilitated sexual assault, providing an evaluation of
11and care for sexually transmitted infection and human
12immunodeficiency virus (HIV), pregnancy risk evaluation and
13care, and discharge and follow-up healthcare planning.
14    "Pediatric health care facility" means a clinic or
15physician's office that provides medical services to pediatric
16patients.
17    "Pediatric sexual assault survivor" means a person under
18the age of 13 who presents for medical forensic services in
19relation to injuries or trauma resulting from a sexual
20assault.
21    "Photo documentation" means digital photographs or
22colposcope videos stored and backed up securely in the
23original file format.
24    "Physician" means a person licensed to practice medicine
25in all its branches.
26    "Physician assistant" has the meaning provided in Section

 

 

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14 of the Physician Assistant Practice Act of 1987.
2    "Prepubescent sexual assault survivor" means a female who
3is under the age of 18 years and has not had a first menstrual
4cycle or a male who is under the age of 18 years and has not
5started to develop secondary sex characteristics who presents
6for medical forensic services in relation to injuries or
7trauma resulting from a sexual assault.
8    "Qualified medical provider" means a board-certified child
9abuse pediatrician, board-eligible child abuse pediatrician, a
10sexual assault forensic examiner, or a sexual assault nurse
11examiner who has access to photo documentation tools, and who
12participates in peer review.
13    "Registered Professional Nurse" has the meaning provided
14in Section 50-10 of the Nurse Practice Act.
15    "Sexual assault" means:
16        (1) an act of sexual conduct; as used in this
17    paragraph, "sexual conduct" has the meaning provided under
18    Section 11-0.1 of the Criminal Code of 2012; or
19        (2) any act of sexual penetration; as used in this
20    paragraph, "sexual penetration" has the meaning provided
21    under Section 11-0.1 of the Criminal Code of 2012 and
22    includes, without limitation, acts prohibited under
23    Sections 11-1.20 through 11-1.60 of the Criminal Code of
24    2012.
25    "Sexual assault forensic examiner" means a physician or
26physician assistant who has completed training that meets or

 

 

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1is substantially similar to the Sexual Assault Nurse Examiner
2Education Guidelines established by the International
3Association of Forensic Nurses.
4    "Sexual assault nurse examiner" means an advanced practice
5registered nurse or registered professional nurse who has
6completed a sexual assault nurse examiner training program
7that meets the Sexual Assault Nurse Examiner Education
8Guidelines established by the International Association of
9Forensic Nurses.
10    "Sexual assault services voucher" means a document
11generated by a hospital or approved pediatric health care
12facility at the time the sexual assault survivor receives
13outpatient medical forensic services that may be used to seek
14payment for any ambulance services, medical forensic services,
15laboratory services, pharmacy services, and follow-up
16healthcare provided as a result of the sexual assault.
17    "Sexual assault survivor" means a person who presents for
18medical forensic services in relation to injuries or trauma
19resulting from a sexual assault.
20    "Sexual assault transfer plan" means a written plan
21developed by a hospital and approved by the Department, which
22describes the hospital's procedures for transferring sexual
23assault survivors to another hospital, and an approved
24pediatric health care facility, if applicable, in order to
25receive medical forensic services.
26    "Sexual assault treatment plan" means a written plan that

 

 

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1describes the procedures and protocols for providing medical
2forensic services to sexual assault survivors who present
3themselves for such services, either directly or through
4transfer from a hospital or an approved pediatric health care
5facility.
6    "Transfer hospital" means a hospital with a sexual assault
7transfer plan approved by the Department.
8    "Transfer services" means the appropriate medical
9screening examination and necessary stabilizing treatment
10prior to the transfer of a sexual assault survivor to a
11hospital or an approved pediatric health care facility that
12provides medical forensic services to sexual assault survivors
13pursuant to a sexual assault treatment plan or areawide sexual
14assault treatment plan.
15    "Treatment hospital" means a hospital with a sexual
16assault treatment plan approved by the Department to provide
17medical forensic services to all sexual assault survivors who
18present with a complaint of sexual assault within a minimum of
19the last 7 days or who have disclosed past sexual assault by a
20specific individual and were in the care of that individual
21within a minimum of the last 7 days.
22    "Treatment hospital with approved pediatric transfer"
23means a hospital with a treatment plan approved by the
24Department to provide medical forensic services to sexual
25assault survivors 13 years old or older who present with a
26complaint of sexual assault within a minimum of the last 7 days

 

 

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1or who have disclosed past sexual assault by a specific
2individual and were in the care of that individual within a
3minimum of the last 7 days.
4    (b) This Section is effective on and after July 1, 2021.
5(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19;
6101-81, eff. 7-12-19; 101-634, eff. 6-5-20.)
 
7    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
8    Sec. 5. Minimum requirements for medical forensic services
9provided to sexual assault survivors by hospitals and approved
10pediatric health care facilities.
11    (a) Every hospital and approved pediatric health care
12facility providing medical forensic services to sexual assault
13survivors under this Act shall, as minimum requirements for
14such services, provide, with the consent of the sexual assault
15survivor, and as ordered by the attending physician, an
16advanced practice registered nurse, or a physician assistant,
17the services set forth in subsection (a-5).
18    Beginning January 1, 2022, a qualified medical provider
19must provide the services set forth in subsection (a-5).
20    (a-5) A treatment hospital, a treatment hospital with
21approved pediatric transfer, or an approved pediatric health
22care facility shall provide the following services in
23accordance with subsection (a):
24        (1) Appropriate medical forensic services without
25    delay, in a private, age-appropriate or

 

 

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1    developmentally-appropriate space, required to ensure the
2    health, safety, and welfare of a sexual assault survivor
3    and which may be used as evidence in a criminal proceeding
4    against a person accused of the sexual assault, in a
5    proceeding under the Juvenile Court Act of 1987, or in an
6    investigation under the Abused and Neglected Child
7    Reporting Act.
8        Records of medical forensic services, including
9    results of examinations and tests, the Illinois State
10    Police Medical Forensic Documentation Forms, the Illinois
11    State Police Patient Discharge Materials, and the Illinois
12    State Police Patient Consent: Collect and Test Evidence or
13    Collect and Hold Evidence Form, shall be maintained by the
14    hospital or approved pediatric health care facility as
15    part of the patient's electronic medical record.
16        Records of medical forensic services of sexual assault
17    survivors under the age of 18 shall be retained by the
18    hospital for a period of 60 years after the sexual assault
19    survivor reaches the age of 18. Records of medical
20    forensic services of sexual assault survivors 18 years of
21    age or older shall be retained by the hospital for a period
22    of 20 years after the date the record was created.
23        Records of medical forensic services may only be
24    disseminated in accordance with Section 6.5 of this Act
25    and other State and federal law.
26        (1.5) An offer to complete the Illinois Sexual Assault

 

 

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1    Evidence Collection Kit for any sexual assault survivor
2    who presents within a minimum of the last 7 days of the
3    assault or who has disclosed past sexual assault by a
4    specific individual and was in the care of that individual
5    within a minimum of the last 7 days.
6            (A) Appropriate oral and written information
7        concerning evidence-based guidelines for the
8        appropriateness of evidence collection depending on
9        the sexual development of the sexual assault survivor,
10        the type of sexual assault, and the timing of the
11        sexual assault shall be provided to the sexual assault
12        survivor. Evidence collection is encouraged for
13        prepubescent sexual assault survivors who present to a
14        hospital or approved pediatric health care facility
15        with a complaint of sexual assault within a minimum of
16        96 hours after the sexual assault.
17            Before January 1, 2022, the information required
18        under this subparagraph shall be provided in person by
19        the health care professional providing medical
20        forensic services directly to the sexual assault
21        survivor.
22            On and after January 1, 2022, the information
23        required under this subparagraph shall be provided in
24        person by the qualified medical provider providing
25        medical forensic services directly to the sexual
26        assault survivor.

 

 

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1            The written information provided shall be the
2        information created in accordance with Section 10 of
3        this Act.
4            (B) Following the discussion regarding the
5        evidence-based guidelines for evidence collection in
6        accordance with subparagraph (A), evidence collection
7        must be completed at the sexual assault survivor's
8        request. A sexual assault nurse examiner conducting an
9        examination using the Illinois State Police Sexual
10        Assault Evidence Collection Kit may do so without the
11        presence or participation of a physician.
12        (2) Appropriate oral and written information
13    concerning the possibility of infection, sexually
14    transmitted infection, including an evaluation of the
15    sexual assault survivor's risk of contracting human
16    immunodeficiency virus (HIV) from sexual assault, and
17    pregnancy resulting from sexual assault.
18        (3) Appropriate oral and written information
19    concerning accepted medical procedures, laboratory tests,
20    medication, and possible contraindications of such
21    medication available for the prevention or treatment of
22    infection or disease resulting from sexual assault.
23        (3.5) After a medical evidentiary or physical
24    examination, access to a shower at no cost, unless
25    showering facilities are unavailable.
26        (4) An amount of medication, including HIV

 

 

SB2037- 1153 -LRB102 17120 WGH 22551 b

1    prophylaxis, for treatment at the hospital or approved
2    pediatric health care facility and after discharge as is
3    deemed appropriate by the attending physician, an advanced
4    practice registered nurse, or a physician assistant in
5    accordance with the Centers for Disease Control and
6    Prevention guidelines and consistent with the hospital's
7    or approved pediatric health care facility's current
8    approved protocol for sexual assault survivors.
9        (5) Photo documentation of the sexual assault
10    survivor's injuries, anatomy involved in the assault, or
11    other visible evidence on the sexual assault survivor's
12    body to supplement the medical forensic history and
13    written documentation of physical findings and evidence
14    beginning July 1, 2019. Photo documentation does not
15    replace written documentation of the injury.
16        (6) Written and oral instructions indicating the need
17    for follow-up examinations and laboratory tests after the
18    sexual assault to determine the presence or absence of
19    sexually transmitted infection.
20        (7) Referral by hospital or approved pediatric health
21    care facility personnel for appropriate counseling.
22        (8) Medical advocacy services provided by a rape
23    crisis counselor whose communications are protected under
24    Section 8-802.1 of the Code of Civil Procedure, if there
25    is a memorandum of understanding between the hospital or
26    approved pediatric health care facility and a rape crisis

 

 

SB2037- 1154 -LRB102 17120 WGH 22551 b

1    center. With the consent of the sexual assault survivor, a
2    rape crisis counselor shall remain in the exam room during
3    the medical forensic examination.
4        (9) Written information regarding services provided by
5    a Children's Advocacy Center and rape crisis center, if
6    applicable.
7        (10) A treatment hospital, a treatment hospital with
8    approved pediatric transfer, an out-of-state hospital as
9    defined in Section 5.4, or an approved pediatric health
10    care facility shall comply with the rules relating to the
11    collection and tracking of sexual assault evidence adopted
12    by the Illinois Department of State Police under Section
13    50 of the Sexual Assault Evidence Submission Act.
14    (a-7) By January 1, 2022, every hospital with a treatment
15plan approved by the Department shall employ or contract with
16a qualified medical provider to initiate medical forensic
17services to a sexual assault survivor within 90 minutes of the
18patient presenting to the treatment hospital or treatment
19hospital with approved pediatric transfer. The provision of
20medical forensic services by a qualified medical provider
21shall not delay the provision of life-saving medical care.
22    (b) Any person who is a sexual assault survivor who seeks
23medical forensic services or follow-up healthcare under this
24Act shall be provided such services without the consent of any
25parent, guardian, custodian, surrogate, or agent. If a sexual
26assault survivor is unable to consent to medical forensic

 

 

SB2037- 1155 -LRB102 17120 WGH 22551 b

1services, the services may be provided under the Consent by
2Minors to Medical Procedures Act, the Health Care Surrogate
3Act, or other applicable State and federal laws.
4    (b-5) Every hospital or approved pediatric health care
5facility providing medical forensic services to sexual assault
6survivors shall issue a voucher to any sexual assault survivor
7who is eligible to receive one in accordance with Section 5.2
8of this Act. The hospital shall make a copy of the voucher and
9place it in the medical record of the sexual assault survivor.
10The hospital shall provide a copy of the voucher to the sexual
11assault survivor after discharge upon request.
12    (c) Nothing in this Section creates a physician-patient
13relationship that extends beyond discharge from the hospital
14or approved pediatric health care facility.
15    (d) This Section is effective on and after July 1, 2021.
16(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19;
17100-1087, eff. 1-1-19; 101-81, eff. 7-12-19; 101-377, eff.
188-16-19; 101-634, eff. 6-5-20.)
 
19    (410 ILCS 70/6.4)  (from Ch. 111 1/2, par. 87-6.4)
20    Sec. 6.4. Sexual assault evidence collection program.
21    (a) There is created a statewide sexual assault evidence
22collection program to facilitate the prosecution of persons
23accused of sexual assault. This program shall be administered
24by the Illinois State Police. The program shall consist of the
25following: (1) distribution of sexual assault evidence

 

 

SB2037- 1156 -LRB102 17120 WGH 22551 b

1collection kits which have been approved by the Illinois State
2Police to hospitals and approved pediatric health care
3facilities that request them, or arranging for such
4distribution by the manufacturer of the kits, (2) collection
5of the kits from hospitals and approved pediatric health care
6facilities after the kits have been used to collect evidence,
7(3) analysis of the collected evidence and conducting of
8laboratory tests, (4) maintaining the chain of custody and
9safekeeping of the evidence for use in a legal proceeding, and
10(5) the comparison of the collected evidence with the genetic
11marker grouping analysis information maintained by the
12Illinois Department of State Police under Section 5-4-3 of the
13Unified Code of Corrections and with the information contained
14in the Federal Bureau of Investigation's National DNA
15database; provided the amount and quality of genetic marker
16grouping results obtained from the evidence in the sexual
17assault case meets the requirements of both the Illinois
18Department of State Police and the Federal Bureau of
19Investigation's Combined DNA Index System (CODIS) policies.
20The standardized evidence collection kit for the State of
21Illinois shall be the Illinois State Police Sexual Assault
22Evidence Kit and shall include a written consent form
23authorizing law enforcement to test the sexual assault
24evidence and to provide law enforcement with details of the
25sexual assault.
26    (a-5) (Blank).

 

 

SB2037- 1157 -LRB102 17120 WGH 22551 b

1    (b) The Illinois State Police shall administer a program
2to train hospital and approved pediatric health care facility
3personnel participating in the sexual assault evidence
4collection program, in the correct use and application of the
5sexual assault evidence collection kits. The Department shall
6cooperate with the Illinois State Police in this program as it
7pertains to medical aspects of the evidence collection.
8    (c) (Blank).
9    (d) This Section is effective on and after July 1, 2021.
10(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
 
11    (410 ILCS 70/9.5)
12    (Section scheduled to be repealed on January 1, 2024)
13    Sec. 9.5. Sexual Assault Medical Forensic Services
14Implementation Task Force.
15    (a) The Sexual Assault Medical Forensic Services
16Implementation Task Force is created to assist hospitals and
17approved pediatric health care facilities with the
18implementation of the changes made by this amendatory Act of
19the l00th General Assembly. The Task Force shall consist of
20the following members, who shall serve without compensation:
21        (1) one member of the Senate appointed by the
22    President of the Senate, who may designate an alternate
23    member;
24        (2) one member of the Senate appointed by the Minority
25    Leader of the Senate, who may designate an alternate

 

 

SB2037- 1158 -LRB102 17120 WGH 22551 b

1    member;
2        (3) one member of the House of Representatives
3    appointed by the Speaker of the House of Representatives,
4    who may designate an alternate member;
5        (4) one member of the House of Representatives
6    appointed by the Minority Leader of the House of
7    Representatives, who may designate an alternate member;
8        (5) two members representing the Office of the
9    Attorney General appointed by the Attorney General, one of
10    whom shall be the Sexual Assault Nurse Examiner
11    Coordinator for the State of Illinois;
12        (6) one member representing the Department of Public
13    Health appointed by the Director of Public Health;
14        (7) one member representing the Illinois Department of
15    State Police appointed by the Director of the Illinois
16    State Police;
17        (8) one member representing the Department of
18    Healthcare and Family Services appointed by the Director
19    of Healthcare and Family Services;
20        (9) six members representing hospitals appointed by
21    the head of a statewide organization representing the
22    interests of hospitals in Illinois, at least one of whom
23    shall represent small and rural hospitals and at least one
24    of these members shall represent urban hospitals;
25        (10) one member representing physicians appointed by
26    the head of a statewide organization representing the

 

 

SB2037- 1159 -LRB102 17120 WGH 22551 b

1    interests of physicians in Illinois;
2        (11) one member representing emergency physicians
3    appointed by the head of a statewide organization
4    representing the interests of emergency physicians in
5    Illinois;
6        (12) two members representing child abuse
7    pediatricians appointed by the head of a statewide
8    organization representing the interests of child abuse
9    pediatricians in Illinois, at least one of whom shall
10    represent child abuse pediatricians providing medical
11    forensic services in rural locations and at least one of
12    whom shall represent child abuse pediatricians providing
13    medical forensic services in urban locations;
14        (13) one member representing nurses appointed by the
15    head of a statewide organization representing the
16    interests of nurses in Illinois;
17        (14) two members representing sexual assault nurse
18    examiners appointed by the head of a statewide
19    organization representing the interests of forensic nurses
20    in Illinois, at least one of whom shall represent
21    pediatric/adolescent sexual assault nurse examiners and at
22    least one of these members shall represent
23    adult/adolescent sexual assault nurse examiners;
24        (15) one member representing State's Attorneys
25    appointed by the head of a statewide organization
26    representing the interests of State's Attorneys in

 

 

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1    Illinois;
2        (16) three members representing sexual assault
3    survivors appointed by the head of a statewide
4    organization representing the interests of sexual assault
5    survivors and rape crisis centers, at least one of whom
6    shall represent rural rape crisis centers and at least one
7    of whom shall represent urban rape crisis centers; and
8        (17) one member representing children's advocacy
9    centers appointed by the head of a statewide organization
10    representing the interests of children's advocacy centers
11    in Illinois.
12    The members representing the Office of the Attorney
13General and the Department of Public Health shall serve as
14co-chairpersons of the Task Force. The Office of the Attorney
15General shall provide administrative and other support to the
16Task Force.
17    (b) The first meeting of the Task Force shall be called by
18the co-chairpersons no later than 90 days after the effective
19date of this Section.
20    (c) The goals of the Task Force shall include, but not be
21limited to, the following:
22        (1) to facilitate the development of areawide
23    treatment plans among hospitals and pediatric health care
24    facilities;
25        (2) to facilitate the development of on-call systems
26    of qualified medical providers and assist hospitals with

 

 

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1    the development of plans to employ or contract with a
2    qualified medical provider to initiate medical forensic
3    services to a sexual assault survivor within 90 minutes of
4    the patient presenting to the hospital as required in
5    subsection (a-7) of Section 5;
6        (3) to identify photography and storage options for
7    hospitals to comply with the photo documentation
8    requirements in Sections 5 and 5.1;
9        (4) to develop a model written agreement for use by
10    rape crisis centers, hospitals, and approved pediatric
11    health care facilities with sexual assault treatment plans
12    to comply with subsection (c) of Section 2;
13        (5) to develop and distribute educational information
14    regarding the implementation of this Act to hospitals,
15    health care providers, rape crisis centers, children's
16    advocacy centers, State's Attorney's offices;
17        (6) to examine the role of telemedicine in the
18    provision of medical forensic services under this Act and
19    to develop recommendations for statutory change and
20    standards and procedures for the use of telemedicine to be
21    adopted by the Department;
22        (7) to seek inclusion of the International Association
23    of Forensic Nurses Sexual Assault Nurse Examiner Education
24    Guidelines for nurses within the registered nurse training
25    curriculum in Illinois nursing programs and the American
26    College of Emergency Physicians Management of the Patient

 

 

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1    with the Complaint of Sexual Assault for emergency
2    physicians within the Illinois residency training
3    curriculum for emergency physicians; and
4        (8) to submit a report to the General Assembly by
5    January 1, 2023 regarding the status of implementation of
6    this amendatory Act of the 100th General Assembly,
7    including, but not limited to, the impact of transfers to
8    out-of-state hospitals on sexual assault survivors and the
9    availability of treatment hospitals in Illinois; the
10    report to the General Assembly shall be filed with the
11    Clerk of the House of Representatives and the Secretary of
12    the Senate in electronic form only, in the manner that the
13    Clerk and the Secretary shall direct.
14    (d) This Section is repealed on January 1, 2024.
15(Source: P.A. 100-775, eff. 8-10-18.)
 
16    Section 825. The Smoke Free Illinois Act is amended by
17changing Sections 40 and 45 as follows:
 
18    (410 ILCS 82/40)
19    Sec. 40. Enforcement; complaints.
20    (a) The Department, State-certified local public health
21departments, and local, Department of Natural Resources, and
22Illinois Department of State Police law enforcement agencies
23shall enforce the provisions of this Act through the issuance
24of citations and may assess civil penalties pursuant to

 

 

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1Section 45 of this Act.
2    (a-2) The citations issued pursuant to this Act shall
3conspicuously include the following:
4        (1) the name of the offense and its statutory
5    reference;
6        (2) the nature and elements of the violation;
7        (3) the date and location of the violation;
8        (4) the name of the enforcing agency;
9        (5) the name of the violator;
10        (6) the amount of the imposed civil penalty and the
11    location where the violator can pay the civil penalty
12    without objection;
13        (7) the address and phone number of the enforcing
14    agency where the violator can request a hearing before the
15    Department to contest the imposition of the civil penalty
16    imposed by the citation under the rules and procedures of
17    the Illinois Administrative Procedure Act;
18        (8) the time period in which to pay the civil penalty
19    or to request a hearing to contest the imposition of the
20    civil penalty imposed by the citation; and
21        (9) the verified signature of the person issuing the
22    citation.
23    (a-3) One copy of the citation shall be provided to the
24violator, one copy shall be retained by the enforcing agency,
25and one copy shall be provided to the entity otherwise
26authorized by the enforcing agency to receive civil penalties

 

 

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1on their behalf.
2    (b) Any person may register a complaint with the
3Department, a State-certified local public health department,
4or a law enforcement agency for a violation of this Act. The
5Department shall establish a telephone number that a person
6may call to register a complaint under this subsection (b).
7    (c) The Department shall afford a violator the opportunity
8to pay the civil penalty without objection or to contest the
9citation in accordance with the Illinois Administrative
10Procedure Act, except that in case of a conflict between the
11Illinois Administrative Procedure Act and this Act, the
12provisions of this Act shall control.
13    (d) Upon receipt of a request for hearing to contest the
14imposition of a civil penalty imposed by a citation, the
15enforcing agency shall immediately forward a copy of the
16citation and notice of the request for hearing to the
17Department for initiation of a hearing conducted in accordance
18with the Illinois Administrative Procedure Act and the rules
19established thereto by the Department applicable to contested
20cases, except that in case of a conflict between the Illinois
21Administrative Procedure Act and this Act, the provisions of
22this Act shall control. Parties to the hearing shall be the
23enforcing agency and the violator.
24    The Department shall notify the violator in writing of the
25time, place, and location of the hearing. The hearing shall be
26conducted at the nearest regional office of the Department, or

 

 

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1in a location contracted by the Department in the county where
2the citation was issued.
3    (e) Civil penalties imposed under this Act may be
4collected in accordance with all methods otherwise available
5to the enforcing agency or the Department, except that there
6shall be no collection efforts during the pendency of the
7hearing before the Department.
8    (f) Rulemaking authority to implement this amendatory Act
9of the 95th General Assembly, if any, is conditioned on the
10rules being adopted in accordance with all provisions of the
11Illinois Administrative Procedure Act and all rules and
12procedures of the Joint Committee on Administrative Rules; any
13purported rule not so adopted, for whatever reason, is
14unauthorized.
15(Source: P.A. 100-877, eff. 1-1-19.)
 
16    (410 ILCS 82/45)
17    Sec. 45. Violations.
18    (a) A person, corporation, partnership, association or
19other entity who violates Section 15 or 20 of this Act shall be
20liable for a civil penalty pursuant to this Section. Each day
21that a violation occurs is a separate violation.
22    (b) A person who smokes in an area where smoking is
23prohibited under Section 15 of this Act shall be liable for a
24civil penalty in an amount that is $100 for a first offense and
25$250 for each subsequent offense. A person who owns, operates,

 

 

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1or otherwise controls a public place or place of employment
2that violates Section 15 or 20 of this Act shall be liable for
3a civil penalty of (i) $250 for the first violation, (ii) $500
4for the second violation within one year after the first
5violation, and (iii) $2,500 for each additional violation
6within one year after the first violation.
7    (c) A civil penalty imposed under this Section shall be
8allocated as follows:
9        (1) one-half of the civil penalty shall be distributed
10    to the Department; and
11        (2) one-half of the civil penalty shall be distributed
12    to the enforcing agency.
13    With respect to funds designated for the Illinois
14Department of State Police under this subsection, the Illinois
15Department of State Police shall deposit the moneys into the
16State Police Operations Assistance Fund. With respect to funds
17designated for the Department of Natural Resources under this
18subsection, the Department of Natural Resources shall deposit
19the moneys into the Conservation Police Operations Assistance
20Fund.
21    (d) Rulemaking authority to implement this amendatory Act
22of the 95th General Assembly, if any, is conditioned on the
23rules being adopted in accordance with all provisions of the
24Illinois Administrative Procedure Act and all rules and
25procedures of the Joint Committee on Administrative Rules; any
26purported rule not so adopted, for whatever reason, is

 

 

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1unauthorized.
2(Source: P.A. 100-877, eff. 1-1-19.)
 
3    Section 830. The Compassionate Use of Medical Cannabis
4Pilot Program Act is amended by changing Sections 85, 95, 100,
5105, 145, 150, and 180 as follows:
 
6    (410 ILCS 130/85)
7    Sec. 85. Issuance and denial of medical cannabis
8cultivation permit.
9    (a) The Department of Agriculture may register up to 22
10cultivation center registrations for operation. The Department
11of Agriculture may not issue more than one registration per
12each Illinois State Police District boundary as specified on
13the date of January 1, 2013. The Department of Agriculture may
14not issue less than the 22 registrations if there are
15qualified applicants who have applied with the Department.
16    (b) The registrations shall be issued and renewed annually
17as determined by administrative rule.
18    (c) The Department of Agriculture shall determine a
19registration fee by rule.
20    (d) A cultivation center may only operate if it has been
21issued a valid registration from the Department of
22Agriculture. When applying for a cultivation center
23registration, the applicant shall submit the following in
24accordance with Department of Agriculture rules:

 

 

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1        (1) the proposed legal name of the cultivation center;
2        (2) the proposed physical address of the cultivation
3    center and description of the enclosed, locked facility as
4    it applies to cultivation centers where medical cannabis
5    will be grown, harvested, manufactured, packaged, or
6    otherwise prepared for distribution to a dispensing
7    organization;
8        (3) the name, address, and date of birth of each
9    principal officer and board member of the cultivation
10    center, provided that all those individuals shall be at
11    least 21 years of age;
12        (4) any instance in which a business that any of the
13    prospective board members of the cultivation center had
14    managed or served on the board of the business and was
15    convicted, fined, censured, or had a registration or
16    license suspended or revoked in any administrative or
17    judicial proceeding;
18        (5) cultivation, inventory, and packaging plans;
19        (6) proposed operating by-laws that include procedures
20    for the oversight of the cultivation center, development
21    and implementation of a plant monitoring system, medical
22    cannabis container tracking system, accurate record
23    keeping, staffing plan, and security plan reviewed by the
24    Illinois State Police that are in accordance with the
25    rules issued by the Department of Agriculture under this
26    Act. A physical inventory shall be performed of all plants

 

 

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1    and medical cannabis containers on a weekly basis;
2        (7) experience with agricultural cultivation
3    techniques and industry standards;
4        (8) any academic degrees, certifications, or relevant
5    experience with related businesses;
6        (9) the identity of every person, association, trust,
7    or corporation having any direct or indirect pecuniary
8    interest in the cultivation center operation with respect
9    to which the registration is sought. If the disclosed
10    entity is a trust, the application shall disclose the
11    names and addresses of the beneficiaries; if a
12    corporation, the names and addresses of all stockholders
13    and directors; if a partnership, the names and addresses
14    of all partners, both general and limited;
15        (10) verification from the Illinois State Police that
16    all background checks of the principal officer, board
17    members, and registered agents have been conducted and
18    those individuals have not been convicted of an excluded
19    offense;
20        (11) provide a copy of the current local zoning
21    ordinance to the Department of Agriculture and verify that
22    proposed cultivation center is in compliance with the
23    local zoning rules issued in accordance with Section 140;
24        (12) an application fee set by the Department of
25    Agriculture by rule; and
26        (13) any other information required by Department of

 

 

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1    Agriculture rules, including, but not limited to a
2    cultivation center applicant's experience with the
3    cultivation of agricultural or horticultural products,
4    operating an agriculturally related business, or operating
5    a horticultural business.
6    (e) An application for a cultivation center permit must be
7denied if any of the following conditions are met:
8        (1) the applicant failed to submit the materials
9    required by this Section, including if the applicant's
10    plans do not satisfy the security, oversight, inventory,
11    or recordkeeping rules issued by the Department of
12    Agriculture;
13        (2) the applicant would not be in compliance with
14    local zoning rules issued in accordance with Section 140;
15        (3) one or more of the prospective principal officers
16    or board members has been convicted of an excluded
17    offense;
18        (4) one or more of the prospective principal officers
19    or board members has served as a principal officer or
20    board member for a registered dispensing organization or
21    cultivation center that has had its registration revoked;
22        (5) one or more of the principal officers or board
23    members is under 21 years of age;
24        (6) a principal officer or board member of the
25    cultivation center has been convicted of a felony under
26    the laws of this State, any other state, or the United

 

 

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1    States;
2        (7) a principal officer or board member of the
3    cultivation center has been convicted of any violation of
4    Article 28 of the Criminal Code of 2012, or substantially
5    similar laws of any other jurisdiction; or
6        (8) the person has submitted an application for a
7    certificate under this Act which contains false
8    information.
9(Source: P.A. 98-122, eff. 1-1-14.)
 
10    (410 ILCS 130/95)
11    Sec. 95. Background checks.
12    (a) The Department of Agriculture through the Illinois
13Department of State Police shall conduct a background check of
14the prospective cultivation center agents. The Illinois
15Department of State Police shall charge a fee for conducting
16the criminal history record check, which shall be deposited in
17the State Police Services Fund and shall not exceed the actual
18cost of the record check. In order to carry out this provision,
19each person applying as a cultivation center agent shall
20submit a full set of fingerprints to the Illinois Department
21of State Police for the purpose of obtaining a State and
22federal criminal records check. These fingerprints shall be
23checked against the fingerprint records now and hereafter, to
24the extent allowed by law, filed in the Illinois Department of
25State Police and Federal Bureau of Investigation criminal

 

 

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1history records databases. The Illinois Department of State
2Police shall furnish, following positive identification, all
3Illinois conviction information to the Department of
4Agriculture.
5    (b) When applying for the initial permit, the background
6checks for the principal officer, board members, and
7registered agents shall be completed prior to submitting the
8application to the Department of Agriculture.
9(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 
10    (410 ILCS 130/100)
11    Sec. 100. Cultivation center agent identification card.
12    (a) The Department of Agriculture shall:
13        (1) verify the information contained in an application
14    or renewal for a cultivation center identification card
15    submitted under this Act, and approve or deny an
16    application or renewal, within 30 days of receiving a
17    completed application or renewal application and all
18    supporting documentation required by rule;
19        (2) issue a cultivation center agent identification
20    card to a qualifying agent within 15 business days of
21    approving the application or renewal;
22        (3) enter the registry identification number of the
23    cultivation center where the agent works; and
24        (4) allow for an electronic application process, and
25    provide a confirmation by electronic or other methods that

 

 

SB2037- 1173 -LRB102 17120 WGH 22551 b

1    an application has been submitted.
2    (b) A cultivation center agent must keep his or her
3identification card visible at all times when on the property
4of a cultivation center and during the transportation of
5medical cannabis to a registered dispensary organization.
6    (c) The cultivation center agent identification cards
7shall contain the following:
8        (1) the name of the cardholder;
9        (2) the date of issuance and expiration date of
10    cultivation center agent identification cards;
11        (3) a random 10 digit alphanumeric identification
12    number containing at least 4 numbers and at least 4
13    letters; that is unique to the holder; and
14        (4) a photograph of the cardholder.
15    (d) The cultivation center agent identification cards
16shall be immediately returned to the cultivation center upon
17termination of employment.
18    (e) Any card lost by a cultivation center agent shall be
19reported to the Illinois State Police and the Department of
20Agriculture immediately upon discovery of the loss.
21    (f) An applicant shall be denied a cultivation center
22agent identification card if he or she has been convicted of an
23excluded offense.
24(Source: P.A. 98-122, eff. 1-1-14.)
 
25    (410 ILCS 130/105)

 

 

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1    Sec. 105. Requirements; prohibitions; penalties for
2cultivation centers.
3    (a) The operating documents of a registered cultivation
4center shall include procedures for the oversight of the
5cultivation center, a cannabis plant monitoring system
6including a physical inventory recorded weekly, a cannabis
7container system including a physical inventory recorded
8weekly, accurate record keeping, and a staffing plan.
9    (b) A registered cultivation center shall implement a
10security plan reviewed by the Illinois State Police and
11including but not limited to: facility access controls,
12perimeter intrusion detection systems, personnel
13identification systems, 24-hour surveillance system to monitor
14the interior and exterior of the registered cultivation center
15facility and accessible to authorized law enforcement and the
16Department of Agriculture in real-time.
17    (c) A registered cultivation center may not be located
18within 2,500 feet of the property line of a pre-existing
19public or private preschool or elementary or secondary school
20or day care center, day care home, group day care home, part
21day child care facility, or an area zoned for residential use.
22    (d) All cultivation of cannabis for distribution to a
23registered dispensing organization must take place in an
24enclosed, locked facility as it applies to cultivation centers
25at the physical address provided to the Department of
26Agriculture during the registration process. The cultivation

 

 

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1center location shall only be accessed by the cultivation
2center agents working for the registered cultivation center,
3Department of Agriculture staff performing inspections,
4Department of Public Health staff performing inspections, law
5enforcement or other emergency personnel, and contractors
6working on jobs unrelated to medical cannabis, such as
7installing or maintaining security devices or performing
8electrical wiring.
9    (e) A cultivation center may not sell or distribute any
10cannabis to any individual or entity other than another
11cultivation center, a dispensing organization registered under
12this Act, or a laboratory licensed by the Department of
13Agriculture.
14    (f) All harvested cannabis intended for distribution to a
15dispensing organization must be packaged in a labeled medical
16cannabis container and entered into a data collection system.
17    (g) No person who has been convicted of an excluded
18offense may be a cultivation center agent.
19    (h) Registered cultivation centers are subject to random
20inspection by the Illinois State Police.
21    (i) Registered cultivation centers are subject to random
22inspections by the Department of Agriculture and the
23Department of Public Health.
24    (j) A cultivation center agent shall notify local law
25enforcement, the Illinois State Police, and the Department of
26Agriculture within 24 hours of the discovery of any loss or

 

 

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1theft. Notification shall be made by phone or in-person, or by
2written or electronic communication.
3    (k) A cultivation center shall comply with all State and
4federal rules and regulations regarding the use of pesticides.
5(Source: P.A. 101-363, eff. 8-9-19.)
 
6    (410 ILCS 130/145)
7    Sec. 145. Confidentiality.
8    (a) The following information received and records kept by
9the Department of Public Health, Department of Financial and
10Professional Regulation, Department of Agriculture, or
11Illinois Department of State Police for purposes of
12administering this Act are subject to all applicable federal
13privacy laws, confidential, and exempt from the Freedom of
14Information Act, and not subject to disclosure to any
15individual or public or private entity, except as necessary
16for authorized employees of those authorized agencies to
17perform official duties under this Act and the following
18information received and records kept by Department of Public
19Health, Department of Agriculture, Department of Financial and
20Professional Regulation, and Illinois Department of State
21Police, excluding any existing or non-existing Illinois or
22national criminal history record information as defined in
23subsection (d), may be disclosed to each other upon request:
24        (1) Applications and renewals, their contents, and
25    supporting information submitted by qualifying patients

 

 

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1    and designated caregivers, including information regarding
2    their designated caregivers and certifying health care
3    professionals.
4        (2) Applications and renewals, their contents, and
5    supporting information submitted by or on behalf of
6    cultivation centers and dispensing organizations in
7    compliance with this Act, including their physical
8    addresses.
9        (3) The individual names and other information
10    identifying persons to whom the Department of Public
11    Health has issued registry identification cards.
12        (4) Any dispensing information required to be kept
13    under Section 135, Section 150, or Department of Public
14    Health, Department of Agriculture, or Department of
15    Financial and Professional Regulation rules shall identify
16    cardholders and registered cultivation centers by their
17    registry identification numbers and medical cannabis
18    dispensing organizations by their registration number and
19    not contain names or other personally identifying
20    information.
21        (5) All medical records provided to the Department of
22    Public Health in connection with an application for a
23    registry card.
24    (b) Nothing in this Section precludes the following:
25        (1) Department of Agriculture, Department of Financial
26    and Professional Regulation, or Public Health employees

 

 

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1    may notify law enforcement about falsified or fraudulent
2    information submitted to the Departments if the employee
3    who suspects that falsified or fraudulent information has
4    been submitted conferred with his or her supervisor and
5    both agree that circumstances exist that warrant
6    reporting.
7        (2) If the employee conferred with his or her
8    supervisor and both agree that circumstances exist that
9    warrant reporting, Department of Public Health employees
10    may notify the Department of Financial and Professional
11    Regulation if there is reasonable cause to believe a
12    certifying health care professional:
13            (A) issued a written certification without a bona
14        fide health care professional-patient relationship
15        under this Act;
16            (B) issued a written certification to a person who
17        was not under the certifying health care
18        professional's care for the debilitating medical
19        condition; or
20            (C) failed to abide by the acceptable and
21        prevailing standard of care when evaluating a
22        patient's medical condition.
23        (3) The Department of Public Health, Department of
24    Agriculture, and Department of Financial and Professional
25    Regulation may notify State or local law enforcement about
26    apparent criminal violations of this Act if the employee

 

 

SB2037- 1179 -LRB102 17120 WGH 22551 b

1    who suspects the offense has conferred with his or her
2    supervisor and both agree that circumstances exist that
3    warrant reporting.
4        (4) Medical cannabis cultivation center agents and
5    medical cannabis dispensing organizations may notify the
6    Department of Public Health, Department of Financial and
7    Professional Regulation, or Department of Agriculture of a
8    suspected violation or attempted violation of this Act or
9    the rules issued under it.
10        (5) Each Department may verify registry identification
11    cards under Section 150.
12        (6) The submission of the report to the General
13    Assembly under Section 160.
14    (c) It is a Class B misdemeanor with a $1,000 fine for any
15person, including an employee or official of the Department of
16Public Health, Department of Financial and Professional
17Regulation, or Department of Agriculture or another State
18agency or local government, to breach the confidentiality of
19information obtained under this Act.
20    (d) The Department of Public Health, the Department of
21Agriculture, the Illinois Department of State Police, and the
22Department of Financial and Professional Regulation shall not
23share or disclose any existing or non-existing Illinois or
24national criminal history record information. For the purposes
25of this Section, "any existing or non-existing Illinois or
26national criminal history record information" means any

 

 

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1Illinois or national criminal history record information,
2including but not limited to the lack of or non-existence of
3these records.
4(Source: P.A. 101-363, eff. 8-9-19.)
 
5    (410 ILCS 130/150)
6    Sec. 150. Registry identification and registration
7certificate verification.
8    (a) The Department of Public Health shall maintain a
9confidential list of the persons to whom the Department of
10Public Health has issued registry identification cards and
11their addresses, phone numbers, and registry identification
12numbers. This confidential list may not be combined or linked
13in any manner with any other list or database except as
14provided in this Section.
15    (b) Within 180 days of the effective date of this Act, the
16Department of Public Health, Department of Financial and
17Professional Regulation, and Department of Agriculture shall
18together establish a computerized database or verification
19system. The database or verification system must allow law
20enforcement personnel and medical cannabis dispensary
21organization agents to determine whether or not the
22identification number corresponds with a current, valid
23registry identification card. The system shall only disclose
24whether the identification card is valid, whether the
25cardholder is a registered qualifying patient or a registered

 

 

SB2037- 1181 -LRB102 17120 WGH 22551 b

1designated caregiver, the registry identification number of
2the registered medical cannabis dispensing organization
3designated to serve the registered qualifying patient who
4holds the card, and the registry identification number of the
5patient who is assisted by a registered designated caregiver
6who holds the card. The Department of Public Health, the
7Department of Agriculture, the Illinois Department of State
8Police, and the Department of Financial and Professional
9Regulation shall not share or disclose any existing or
10non-existing Illinois or national criminal history record
11information. Notwithstanding any other requirements
12established by this subsection, the Department of Public
13Health shall issue registry cards to qualifying patients, the
14Department of Financial and Professional Regulation may issue
15registration to medical cannabis dispensing organizations for
16the period during which the database is being established, and
17the Department of Agriculture may issue registration to
18medical cannabis cultivation organizations for the period
19during which the database is being established.
20    (c) For the purposes of this Section, "any existing or
21non-existing Illinois or national criminal history record
22information" means any Illinois or national criminal history
23record information, including but not limited to the lack of
24or non-existence of these records.
25(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 

 

 

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1    (410 ILCS 130/180)
2    Sec. 180. Destruction of medical cannabis.
3    (a) All cannabis byproduct, scrap, and harvested cannabis
4not intended for distribution to a medical cannabis
5organization must be destroyed and disposed of pursuant to
6State law. Documentation of destruction and disposal shall be
7retained at the cultivation center for a period of not less
8than 5 years.
9    (b) A cultivation center shall prior to the destruction,
10notify the Department of Agriculture and the Illinois State
11Police.
12    (c) The cultivation center shall keep record of the date
13of destruction and how much was destroyed.
14    (d) A dispensary organization shall destroy all cannabis,
15including cannabis-infused products, that are not sold to
16registered qualifying patients. Documentation of destruction
17and disposal shall be retained at the dispensary organization
18for a period of not less than 5 years.
19    (e) A dispensary organization shall prior to the
20destruction, notify the Department of Financial and
21Professional Regulation and the Illinois State Police.
22(Source: P.A. 98-122, eff. 1-1-14.)
 
23    Section 835. The Vital Records Act is amended by changing
24Sections 15.1 and 25.1 as follows:
 

 

 

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1    (410 ILCS 535/15.1)  (from Ch. 111 1/2, par. 73-15.1)
2    Sec. 15.1. (1) The Director of the Illinois Department of
3State Police or his designee may obtain a registration of a
4fictitious vital record for the purpose and in the manner
5prescribed in this Section.
6    (2) A registration of a fictitious vital record may be
7obtained pursuant to this Section only for law enforcement
8purposes in providing: (a) witnesses with new identification
9to protect them during and following criminal investigations
10or proceedings; and (b) law enforcement officers with new
11identification to enable them to escape detection while
12performing criminal investigations.
13    (3) The Director of the Illinois State Police or his
14designee may apply to the circuit court on behalf of a person
15for an order directing the State Registrar of Vital Records to
16establish a fictitious vital record if it is determined by the
17Director that normal procedures of investigation or protection
18are inadequate or reasonably appear to be unlikely to succeed
19if tried or are too dangerous to employ. The court shall fix a
20time and place for hearing the application and, if it finds
21that the application should be granted, shall order the State
22Registrar of Vital Records to establish the vital record
23requested. The order shall include the data to be registered,
24and shall be delivered in person by the designee of the
25Director of the Illinois Department of State Police to the
26State Registrar of Vital Records. Upon receipt of such order,

 

 

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1the State Registrar of Vital Records shall establish a vital
2record as if such data had been registered pursuant to Section
312 or 18 of this Act or pursuant to Section 210 or 413 of the
4Illinois Marriage and Dissolution of Marriage Act.
5    (4) The general public shall be excluded from any hearing
6on an application for an order under this Section and only
7persons, including representatives of agencies, who in the
8opinion of the court have a direct interest in the matter of
9the application shall be admitted to the hearing.
10    (5) The court's file relating to any proceeding under this
11Section shall be impounded by the clerk of the court and shall
12be opened for examination only upon specific order of the
13court, which order shall name the person or persons who are to
14be permitted to examine such file. Certified copies of any
15paper or document contained in any file so impounded shall be
16made only on like order.
17    (6) Any documentation concerning a vital record registered
18pursuant to this Section, including any court order entered
19under subsection (3), maintained by the Illinois Department of
20State Police or by the State Registrar of Vital Records shall
21be sealed. Such documentation maintained by the Registrar of
22Vital Records shall be opened for examination only upon
23specific order of the court, which order shall name the person
24or persons who are to be permitted to examine such file. Such
25documentation maintained by the Illinois Department of State
26Police shall be opened for examination only upon the written

 

 

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1permission of the Director of that Department or his designee.
2    (7) The Registrar of Vital Records shall immediately
3notify the Director of the Illinois Department of State Police
4or his designee upon receiving any request for a copy of or
5information concerning any vital record registered pursuant to
6this Section.
7    (8) If the court order directing the State Registrar of
8Vital Records to establish a fictitious vital record does not
9specify a time for the destruction or elimination of such
10vital record, the fictitious vital record shall be destroyed
11or eliminated at the conclusion of the investigation or when
12the Director of the Illinois Department of State Police
13determines that such record is no longer necessary. After the
14destruction of such record, the Director of the Illinois
15Department of State Police shall so notify the court which
16entered the order directing the establishment of the
17fictitious vital record.
18(Source: P.A. 85-829.)
 
19    (410 ILCS 535/25.1)  (from Ch. 111 1/2, par. 73-25.1)
20    Sec. 25.1. (a) When the State Registrar of Vital Records
21receives or prepares a death certificate the Registrar shall
22make an appropriate notation in the birth certificate record
23of that person that the person is deceased. The Registrar
24shall also notify the appropriate municipal or county
25custodian of such birth record that the person is deceased,

 

 

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1and such custodian shall likewise make an appropriate notation
2in its records.
3    (b) In response to any inquiry, the Registrar or a
4custodian shall not provide a copy of a birth certificate or
5information concerning the birth record of any deceased person
6except as provided in this subsection (b) or as otherwise
7provided in this Act or as approved by the Department. When a
8copy of the birth certificate of a deceased person is
9requested, the Registrar or custodian shall require the person
10making the request to complete an information form, which
11shall be developed and furnished by the Department and shall
12include, at a minimum, the name, address, telephone number,
13social security number and driver's license number of the
14person making the request. Before furnishing the copy, the
15custodian shall prominently stamp on the copy the word
16"DECEASED" and write or stamp on the copy the date of death of
17the deceased person. The custodian shall retain the
18information form completed by the person making the request,
19and note on the birth certificate record that such a request
20was made. The custodian shall make the information form
21available to the Illinois Department of State Police or any
22local law enforcement agency upon request. A city or county
23custodian shall promptly submit copies of all completed forms
24to the Registrar. The word "DECEASED" and the date of death
25shall not appear on a copy of a birth certificate furnished to
26a parent of a child who died within 3 months of birth, provided

 

 

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1no other copy of a birth certificate was furnished to the
2parent prior to the child's death.
3    (c) The Registrar shall furnish, no later than 60 days
4after receipt of a form used to request a birth certificate
5record of a deceased person, a copy of the form and a copy of
6the corresponding birth certificate record to the Department
7of Healthcare and Family Services and the Department of Human
8Services. The Department of Healthcare and Family Services and
9the Department of Human Services shall, upon receipt of such
10information, check their records to ensure that no claim for
11public assistance under the Illinois Public Aid Code is being
12made either by a person purporting to be the deceased person or
13by any person on behalf of the deceased person.
14    (d) Notwithstanding the requirements of subsection (b),
15when the death of a child occurs within 90 days of that child's
16live birth, the mother listed on the birth certificate of that
17child may request the issuance of a copy of a certificate of
18live birth from the State Registrar. Such request shall be
19made in accordance with subsection (b), shall indicate the
20requestor's relationship to the child, and shall be made not
21later than 9 months from the date of the death of the child.
22Except as provided herein, the Registrar shall conform to all
23requirements of this Act in issuing copies of certificates
24under this subsection (d).
25(Source: P.A. 94-7, eff. 6-6-05; 95-331, eff. 8-21-07.)
 

 

 

SB2037- 1188 -LRB102 17120 WGH 22551 b

1    Section 840. The Illinois Food, Drug and Cosmetic Act is
2amended by changing Section 3.21 as follows:
 
3    (410 ILCS 620/3.21)  (from Ch. 56 1/2, par. 503.21)
4    Sec. 3.21. Except as authorized by this Act, the Illinois
5Controlled Substances Act, the Pharmacy Practice Act, the
6Dental Practice Act, the Medical Practice Act of 1987, the
7Veterinary Medicine and Surgery Practice Act of 2004, the
8Podiatric Medical Practice Act of 1987, Section 22-30 of the
9School Code, Section 40 of the Illinois State Police Act,
10Section 10.19 of the Illinois Police Training Act, or the
11Epinephrine Injector Act, to sell or dispense a prescription
12drug without a prescription.
13(Source: P.A. 99-78, eff. 7-20-15; 99-711, eff. 1-1-17;
14100-799, eff. 1-1-19.)
 
15    Section 845. The Cannabis Regulation and Tax Act is
16amended by changing Sections 1-10, 5-20, 15-25, 15-30, 15-40,
1715-65, 15-75, 15-100, 15-135, 20-15, 20-30, 20-35, 20-40,
1825-30, 25-35, 30-10, 30-30, 30-35, 30-40, 35-10, 35-25, 35-30,
1940-10, 40-25, 40-30, 40-35, 55-15, 55-30, 55-35, 55-40, 55-50,
2055-55, and 55-80 as follows:
 
21    (410 ILCS 705/1-10)
22    Sec. 1-10. Definitions. In this Act:
23    "Adult Use Cultivation Center License" means a license

 

 

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1issued by the Department of Agriculture that permits a person
2to act as a cultivation center under this Act and any
3administrative rule made in furtherance of this Act.
4    "Adult Use Dispensing Organization License" means a
5license issued by the Department of Financial and Professional
6Regulation that permits a person to act as a dispensing
7organization under this Act and any administrative rule made
8in furtherance of this Act.
9    "Advertise" means to engage in promotional activities
10including, but not limited to: newspaper, radio, Internet and
11electronic media, and television advertising; the distribution
12of fliers and circulars; billboard advertising; and the
13display of window and interior signs. "Advertise" does not
14mean exterior signage displaying only the name of the licensed
15cannabis business establishment.
16    "BLS Region" means a region in Illinois used by the United
17States Bureau of Labor Statistics to gather and categorize
18certain employment and wage data. The 17 such regions in
19Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
20Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
21Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
22Rockford, St. Louis, Springfield, Northwest Illinois
23nonmetropolitan area, West Central Illinois nonmetropolitan
24area, East Central Illinois nonmetropolitan area, and South
25Illinois nonmetropolitan area.
26    "Cannabis" means marijuana, hashish, and other substances

 

 

SB2037- 1190 -LRB102 17120 WGH 22551 b

1that are identified as including any parts of the plant
2Cannabis sativa and including derivatives or subspecies, such
3as indica, of all strains of cannabis, whether growing or not;
4the seeds thereof, the resin extracted from any part of the
5plant; and any compound, manufacture, salt, derivative,
6mixture, or preparation of the plant, its seeds, or resin,
7including tetrahydrocannabinol (THC) and all other naturally
8produced cannabinol derivatives, whether produced directly or
9indirectly by extraction; however, "cannabis" does not include
10the mature stalks of the plant, fiber produced from the
11stalks, oil or cake made from the seeds of the plant, any other
12compound, manufacture, salt, derivative, mixture, or
13preparation of the mature stalks (except the resin extracted
14from it), fiber, oil or cake, or the sterilized seed of the
15plant that is incapable of germination. "Cannabis" does not
16include industrial hemp as defined and authorized under the
17Industrial Hemp Act. "Cannabis" also means cannabis flower,
18concentrate, and cannabis-infused products.
19    "Cannabis business establishment" means a cultivation
20center, craft grower, processing organization, infuser
21organization, dispensing organization, or transporting
22organization.
23    "Cannabis concentrate" means a product derived from
24cannabis that is produced by extracting cannabinoids,
25including tetrahydrocannabinol (THC), from the plant through
26the use of propylene glycol, glycerin, butter, olive oil or

 

 

SB2037- 1191 -LRB102 17120 WGH 22551 b

1other typical cooking fats; water, ice, or dry ice; or butane,
2propane, CO2, ethanol, or isopropanol and with the intended
3use of smoking or making a cannabis-infused product. The use
4of any other solvent is expressly prohibited unless and until
5it is approved by the Department of Agriculture.
6    "Cannabis container" means a sealed, traceable, container,
7or package used for the purpose of containment of cannabis or
8cannabis-infused product during transportation.
9    "Cannabis flower" means marijuana, hashish, and other
10substances that are identified as including any parts of the
11plant Cannabis sativa and including derivatives or subspecies,
12such as indica, of all strains of cannabis; including raw
13kief, leaves, and buds, but not resin that has been extracted
14from any part of such plant; nor any compound, manufacture,
15salt, derivative, mixture, or preparation of such plant, its
16seeds, or resin.
17    "Cannabis-infused product" means a beverage, food, oil,
18ointment, tincture, topical formulation, or another product
19containing cannabis or cannabis concentrate that is not
20intended to be smoked.
21    "Cannabis paraphernalia" means equipment, products, or
22materials intended to be used for planting, propagating,
23cultivating, growing, harvesting, manufacturing, producing,
24processing, preparing, testing, analyzing, packaging,
25repackaging, storing, containing, concealing, ingesting, or
26otherwise introducing cannabis into the human body.

 

 

SB2037- 1192 -LRB102 17120 WGH 22551 b

1    "Cannabis plant monitoring system" or "plant monitoring
2system" means a system that includes, but is not limited to,
3testing and data collection established and maintained by the
4cultivation center, craft grower, or processing organization
5and that is available to the Department of Revenue, the
6Department of Agriculture, the Department of Financial and
7Professional Regulation, and the Illinois Department of State
8Police for the purposes of documenting each cannabis plant and
9monitoring plant development throughout the life cycle of a
10cannabis plant cultivated for the intended use by a customer
11from seed planting to final packaging.
12    "Cannabis testing facility" means an entity registered by
13the Department of Agriculture to test cannabis for potency and
14contaminants.
15    "Clone" means a plant section from a female cannabis plant
16not yet rootbound, growing in a water solution or other
17propagation matrix, that is capable of developing into a new
18plant.
19    "Community College Cannabis Vocational Training Pilot
20Program faculty participant" means a person who is 21 years of
21age or older, licensed by the Department of Agriculture, and
22is employed or contracted by an Illinois community college to
23provide student instruction using cannabis plants at an
24Illinois Community College.
25    "Community College Cannabis Vocational Training Pilot
26Program faculty participant Agent Identification Card" means a

 

 

SB2037- 1193 -LRB102 17120 WGH 22551 b

1document issued by the Department of Agriculture that
2identifies a person as a Community College Cannabis Vocational
3Training Pilot Program faculty participant.
4    "Conditional Adult Use Dispensing Organization License"
5means a license awarded to top-scoring applicants for an Adult
6Use Dispensing Organization License that reserves the right to
7an Adult Use Dispensing Organization License if the applicant
8meets certain conditions described in this Act, but does not
9entitle the recipient to begin purchasing or selling cannabis
10or cannabis-infused products.
11    "Conditional Adult Use Cultivation Center License" means a
12license awarded to top-scoring applicants for an Adult Use
13Cultivation Center License that reserves the right to an Adult
14Use Cultivation Center License if the applicant meets certain
15conditions as determined by the Department of Agriculture by
16rule, but does not entitle the recipient to begin growing,
17processing, or selling cannabis or cannabis-infused products.
18    "Craft grower" means a facility operated by an
19organization or business that is licensed by the Department of
20Agriculture to cultivate, dry, cure, and package cannabis and
21perform other necessary activities to make cannabis available
22for sale at a dispensing organization or use at a processing
23organization. A craft grower may contain up to 5,000 square
24feet of canopy space on its premises for plants in the
25flowering state. The Department of Agriculture may authorize
26an increase or decrease of flowering stage cultivation space

 

 

SB2037- 1194 -LRB102 17120 WGH 22551 b

1in increments of 3,000 square feet by rule based on market
2need, craft grower capacity, and the licensee's history of
3compliance or noncompliance, with a maximum space of 14,000
4square feet for cultivating plants in the flowering stage,
5which must be cultivated in all stages of growth in an enclosed
6and secure area. A craft grower may share premises with a
7processing organization or a dispensing organization, or both,
8provided each licensee stores currency and cannabis or
9cannabis-infused products in a separate secured vault to which
10the other licensee does not have access or all licensees
11sharing a vault share more than 50% of the same ownership.
12    "Craft grower agent" means a principal officer, board
13member, employee, or other agent of a craft grower who is 21
14years of age or older.
15    "Craft Grower Agent Identification Card" means a document
16issued by the Department of Agriculture that identifies a
17person as a craft grower agent.
18    "Cultivation center" means a facility operated by an
19organization or business that is licensed by the Department of
20Agriculture to cultivate, process, transport (unless otherwise
21limited by this Act), and perform other necessary activities
22to provide cannabis and cannabis-infused products to cannabis
23business establishments.
24    "Cultivation center agent" means a principal officer,
25board member, employee, or other agent of a cultivation center
26who is 21 years of age or older.

 

 

SB2037- 1195 -LRB102 17120 WGH 22551 b

1    "Cultivation Center Agent Identification Card" means a
2document issued by the Department of Agriculture that
3identifies a person as a cultivation center agent.
4    "Currency" means currency and coin of the United States.
5    "Dispensary" means a facility operated by a dispensing
6organization at which activities licensed by this Act may
7occur.
8    "Dispensing organization" means a facility operated by an
9organization or business that is licensed by the Department of
10Financial and Professional Regulation to acquire cannabis from
11a cultivation center, craft grower, processing organization,
12or another dispensary for the purpose of selling or dispensing
13cannabis, cannabis-infused products, cannabis seeds,
14paraphernalia, or related supplies under this Act to
15purchasers or to qualified registered medical cannabis
16patients and caregivers. As used in this Act, "dispensing
17organization" includes a registered medical cannabis
18organization as defined in the Compassionate Use of Medical
19Cannabis Program Act or its successor Act that has obtained an
20Early Approval Adult Use Dispensing Organization License.
21    "Dispensing organization agent" means a principal officer,
22employee, or agent of a dispensing organization who is 21
23years of age or older.
24    "Dispensing organization agent identification card" means
25a document issued by the Department of Financial and
26Professional Regulation that identifies a person as a

 

 

SB2037- 1196 -LRB102 17120 WGH 22551 b

1dispensing organization agent.
2    "Disproportionately Impacted Area" means a census tract or
3comparable geographic area that satisfies the following
4criteria as determined by the Department of Commerce and
5Economic Opportunity, that:
6        (1) meets at least one of the following criteria:
7            (A) the area has a poverty rate of at least 20%
8        according to the latest federal decennial census; or
9            (B) 75% or more of the children in the area
10        participate in the federal free lunch program
11        according to reported statistics from the State Board
12        of Education; or
13            (C) at least 20% of the households in the area
14        receive assistance under the Supplemental Nutrition
15        Assistance Program; or
16            (D) the area has an average unemployment rate, as
17        determined by the Illinois Department of Employment
18        Security, that is more than 120% of the national
19        unemployment average, as determined by the United
20        States Department of Labor, for a period of at least 2
21        consecutive calendar years preceding the date of the
22        application; and
23        (2) has high rates of arrest, conviction, and
24    incarceration related to the sale, possession, use,
25    cultivation, manufacture, or transport of cannabis.
26    "Early Approval Adult Use Cultivation Center License"

 

 

SB2037- 1197 -LRB102 17120 WGH 22551 b

1means a license that permits a medical cannabis cultivation
2center licensed under the Compassionate Use of Medical
3Cannabis Program Act as of the effective date of this Act to
4begin cultivating, infusing, packaging, transporting (unless
5otherwise provided in this Act), processing and selling
6cannabis or cannabis-infused product to cannabis business
7establishments for resale to purchasers as permitted by this
8Act as of January 1, 2020.
9    "Early Approval Adult Use Dispensing Organization License"
10means a license that permits a medical cannabis dispensing
11organization licensed under the Compassionate Use of Medical
12Cannabis Program Act as of the effective date of this Act to
13begin selling cannabis or cannabis-infused product to
14purchasers as permitted by this Act as of January 1, 2020.
15    "Early Approval Adult Use Dispensing Organization at a
16secondary site" means a license that permits a medical
17cannabis dispensing organization licensed under the
18Compassionate Use of Medical Cannabis Program Act as of the
19effective date of this Act to begin selling cannabis or
20cannabis-infused product to purchasers as permitted by this
21Act on January 1, 2020 at a different dispensary location from
22its existing registered medical dispensary location.
23    "Enclosed, locked facility" means a room, greenhouse,
24building, or other enclosed area equipped with locks or other
25security devices that permit access only by cannabis business
26establishment agents working for the licensed cannabis

 

 

SB2037- 1198 -LRB102 17120 WGH 22551 b

1business establishment or acting pursuant to this Act to
2cultivate, process, store, or distribute cannabis.
3    "Enclosed, locked space" means a closet, room, greenhouse,
4building or other enclosed area equipped with locks or other
5security devices that permit access only by authorized
6individuals under this Act. "Enclosed, locked space" may
7include:
8        (1) a space within a residential building that (i) is
9    the primary residence of the individual cultivating 5 or
10    fewer cannabis plants that are more than 5 inches tall and
11    (ii) includes sleeping quarters and indoor plumbing. The
12    space must only be accessible by a key or code that is
13    different from any key or code that can be used to access
14    the residential building from the exterior; or
15        (2) a structure, such as a shed or greenhouse, that
16    lies on the same plot of land as a residential building
17    that (i) includes sleeping quarters and indoor plumbing
18    and (ii) is used as a primary residence by the person
19    cultivating 5 or fewer cannabis plants that are more than
20    5 inches tall, such as a shed or greenhouse. The structure
21    must remain locked when it is unoccupied by people.
22    "Financial institution" has the same meaning as "financial
23organization" as defined in Section 1501 of the Illinois
24Income Tax Act, and also includes the holding companies,
25subsidiaries, and affiliates of such financial organizations.
26    "Flowering stage" means the stage of cultivation where and

 

 

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1when a cannabis plant is cultivated to produce plant material
2for cannabis products. This includes mature plants as follows:
3        (1) if greater than 2 stigmas are visible at each
4    internode of the plant; or
5        (2) if the cannabis plant is in an area that has been
6    intentionally deprived of light for a period of time
7    intended to produce flower buds and induce maturation,
8    from the moment the light deprivation began through the
9    remainder of the marijuana plant growth cycle.
10    "Individual" means a natural person.
11    "Infuser organization" or "infuser" means a facility
12operated by an organization or business that is licensed by
13the Department of Agriculture to directly incorporate cannabis
14or cannabis concentrate into a product formulation to produce
15a cannabis-infused product.
16    "Kief" means the resinous crystal-like trichomes that are
17found on cannabis and that are accumulated, resulting in a
18higher concentration of cannabinoids, untreated by heat or
19pressure, or extracted using a solvent.
20    "Labor peace agreement" means an agreement between a
21cannabis business establishment and any labor organization
22recognized under the National Labor Relations Act, referred to
23in this Act as a bona fide labor organization, that prohibits
24labor organizations and members from engaging in picketing,
25work stoppages, boycotts, and any other economic interference
26with the cannabis business establishment. This agreement means

 

 

SB2037- 1200 -LRB102 17120 WGH 22551 b

1that the cannabis business establishment has agreed not to
2disrupt efforts by the bona fide labor organization to
3communicate with, and attempt to organize and represent, the
4cannabis business establishment's employees. The agreement
5shall provide a bona fide labor organization access at
6reasonable times to areas in which the cannabis business
7establishment's employees work, for the purpose of meeting
8with employees to discuss their right to representation,
9employment rights under State law, and terms and conditions of
10employment. This type of agreement shall not mandate a
11particular method of election or certification of the bona
12fide labor organization.
13    "Limited access area" means a room or other area under the
14control of a cannabis dispensing organization licensed under
15this Act and upon the licensed premises where cannabis sales
16occur with access limited to purchasers, dispensing
17organization owners and other dispensing organization agents,
18or service professionals conducting business with the
19dispensing organization, or, if sales to registered qualifying
20patients, caregivers, provisional patients, and Opioid
21Alternative Pilot Program participants licensed pursuant to
22the Compassionate Use of Medical Cannabis Program Act are also
23permitted at the dispensary, registered qualifying patients,
24caregivers, provisional patients, and Opioid Alternative Pilot
25Program participants.
26    "Member of an impacted family" means an individual who has

 

 

SB2037- 1201 -LRB102 17120 WGH 22551 b

1a parent, legal guardian, child, spouse, or dependent, or was
2a dependent of an individual who, prior to the effective date
3of this Act, was arrested for, convicted of, or adjudicated
4delinquent for any offense that is eligible for expungement
5under this Act.
6    "Mother plant" means a cannabis plant that is cultivated
7or maintained for the purpose of generating clones, and that
8will not be used to produce plant material for sale to an
9infuser or dispensing organization.
10    "Ordinary public view" means within the sight line with
11normal visual range of a person, unassisted by visual aids,
12from a public street or sidewalk adjacent to real property, or
13from within an adjacent property.
14    "Ownership and control" means ownership of at least 51% of
15the business, including corporate stock if a corporation, and
16control over the management and day-to-day operations of the
17business and an interest in the capital, assets, and profits
18and losses of the business proportionate to percentage of
19ownership.
20    "Person" means a natural individual, firm, partnership,
21association, joint stock company, joint venture, public or
22private corporation, limited liability company, or a receiver,
23executor, trustee, guardian, or other representative appointed
24by order of any court.
25    "Possession limit" means the amount of cannabis under
26Section 10-10 that may be possessed at any one time by a person

 

 

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121 years of age or older or who is a registered qualifying
2medical cannabis patient or caregiver under the Compassionate
3Use of Medical Cannabis Program Act.
4    "Principal officer" includes a cannabis business
5establishment applicant or licensed cannabis business
6establishment's board member, owner with more than 1% interest
7of the total cannabis business establishment or more than 5%
8interest of the total cannabis business establishment of a
9publicly traded company, president, vice president, secretary,
10treasurer, partner, officer, member, manager member, or person
11with a profit sharing, financial interest, or revenue sharing
12arrangement. The definition includes a person with authority
13to control the cannabis business establishment, a person who
14assumes responsibility for the debts of the cannabis business
15establishment and who is further defined in this Act.
16    "Primary residence" means a dwelling where a person
17usually stays or stays more often than other locations. It may
18be determined by, without limitation, presence, tax filings;
19address on an Illinois driver's license, an Illinois
20Identification Card, or an Illinois Person with a Disability
21Identification Card; or voter registration. No person may have
22more than one primary residence.
23    "Processing organization" or "processor" means a facility
24operated by an organization or business that is licensed by
25the Department of Agriculture to either extract constituent
26chemicals or compounds to produce cannabis concentrate or

 

 

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1incorporate cannabis or cannabis concentrate into a product
2formulation to produce a cannabis product.
3    "Processing organization agent" means a principal officer,
4board member, employee, or agent of a processing organization.
5    "Processing organization agent identification card" means
6a document issued by the Department of Agriculture that
7identifies a person as a processing organization agent.
8    "Purchaser" means a person 21 years of age or older who
9acquires cannabis for a valuable consideration. "Purchaser"
10does not include a cardholder under the Compassionate Use of
11Medical Cannabis Program Act.
12    "Qualified Social Equity Applicant" means a Social Equity
13Applicant who has been awarded a conditional license under
14this Act to operate a cannabis business establishment.
15    "Resided" means an individual's primary residence was
16located within the relevant geographic area as established by
172 of the following:
18        (1) a signed lease agreement that includes the
19    applicant's name;
20        (2) a property deed that includes the applicant's
21    name;
22        (3) school records;
23        (4) a voter registration card;
24        (5) an Illinois driver's license, an Illinois
25    Identification Card, or an Illinois Person with a
26    Disability Identification Card;

 

 

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1        (6) a paycheck stub;
2        (7) a utility bill;
3        (8) tax records; or
4        (9) any other proof of residency or other information
5    necessary to establish residence as provided by rule.
6    "Smoking" means the inhalation of smoke caused by the
7combustion of cannabis.
8    "Social Equity Applicant" means an applicant that is an
9Illinois resident that meets one of the following criteria:
10        (1) an applicant with at least 51% ownership and
11    control by one or more individuals who have resided for at
12    least 5 of the preceding 10 years in a Disproportionately
13    Impacted Area;
14        (2) an applicant with at least 51% ownership and
15    control by one or more individuals who:
16            (i) have been arrested for, convicted of, or
17        adjudicated delinquent for any offense that is
18        eligible for expungement under this Act; or
19            (ii) is a member of an impacted family;
20        (3) for applicants with a minimum of 10 full-time
21    employees, an applicant with at least 51% of current
22    employees who:
23            (i) currently reside in a Disproportionately
24        Impacted Area; or
25            (ii) have been arrested for, convicted of, or
26        adjudicated delinquent for any offense that is

 

 

SB2037- 1205 -LRB102 17120 WGH 22551 b

1        eligible for expungement under this Act or member of
2        an impacted family.
3    Nothing in this Act shall be construed to preempt or limit
4the duties of any employer under the Job Opportunities for
5Qualified Applicants Act. Nothing in this Act shall permit an
6employer to require an employee to disclose sealed or expunged
7offenses, unless otherwise required by law.
8    "Tincture" means a cannabis-infused solution, typically
9comprised of alcohol, glycerin, or vegetable oils, derived
10either directly from the cannabis plant or from a processed
11cannabis extract. A tincture is not an alcoholic liquor as
12defined in the Liquor Control Act of 1934. A tincture shall
13include a calibrated dropper or other similar device capable
14of accurately measuring servings.
15    "Transporting organization" or "transporter" means an
16organization or business that is licensed by the Department of
17Agriculture to transport cannabis or cannabis-infused product
18on behalf of a cannabis business establishment or a community
19college licensed under the Community College Cannabis
20Vocational Training Pilot Program.
21    "Transporting organization agent" means a principal
22officer, board member, employee, or agent of a transporting
23organization.
24    "Transporting organization agent identification card"
25means a document issued by the Department of Agriculture that
26identifies a person as a transporting organization agent.

 

 

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1    "Unit of local government" means any county, city,
2village, or incorporated town.
3    "Vegetative stage" means the stage of cultivation in which
4a cannabis plant is propagated to produce additional cannabis
5plants or reach a sufficient size for production. This
6includes seedlings, clones, mothers, and other immature
7cannabis plants as follows:
8        (1) if the cannabis plant is in an area that has not
9    been intentionally deprived of light for a period of time
10    intended to produce flower buds and induce maturation, it
11    has no more than 2 stigmas visible at each internode of the
12    cannabis plant; or
13        (2) any cannabis plant that is cultivated solely for
14    the purpose of propagating clones and is never used to
15    produce cannabis.
16(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
17    (410 ILCS 705/5-20)
18    Sec. 5-20. Background checks.
19    (a) Through the Illinois Department of State Police, the
20licensing or issuing Department shall conduct a criminal
21history record check of the prospective principal officers,
22board members, and agents of a cannabis business establishment
23applying for a license or identification card under this Act.
24    Each cannabis business establishment prospective principal
25officer, board member, or agent shall submit his or her

 

 

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1fingerprints to the Illinois Department of State Police in the
2form and manner prescribed by the Illinois Department of State
3Police.
4    Unless otherwise provided in this Act, such fingerprints
5shall be transmitted through a live scan fingerprint vendor
6licensed by the Department of Financial and Professional
7Regulation. These fingerprints shall be checked against the
8fingerprint records now and hereafter filed in the Illinois
9Department of State Police and Federal Bureau of Investigation
10criminal history records databases. The Illinois Department of
11State Police shall charge a fee for conducting the criminal
12history record check, which shall be deposited into the State
13Police Services Fund and shall not exceed the actual cost of
14the State and national criminal history record check. The
15Illinois Department of State Police shall furnish, pursuant to
16positive identification, all Illinois conviction information
17and shall forward the national criminal history record
18information to:
19        (i) the Department of Agriculture, with respect to a
20    cultivation center, craft grower, infuser organization, or
21    transporting organization; or
22        (ii) the Department of Financial and Professional
23    Regulation, with respect to a dispensing organization.
24    (b) When applying for the initial license or
25identification card, the background checks for all prospective
26principal officers, board members, and agents shall be

 

 

SB2037- 1208 -LRB102 17120 WGH 22551 b

1completed before submitting the application to the licensing
2or issuing agency.
3    (c) All applications for licensure under this Act by
4applicants with criminal convictions shall be subject to
5Sections 2105-131, 2105-135, and 2105-205 of the Department of
6Professional Regulation Law of the Civil Administrative Code
7of Illinois.
8(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
9    (410 ILCS 705/15-25)
10    Sec. 15-25. Awarding of Conditional Adult Use Dispensing
11Organization Licenses prior to January 1, 2021.
12    (a) The Department shall issue up to 75 Conditional Adult
13Use Dispensing Organization Licenses before May 1, 2020.
14    (b) The Department shall make the application for a
15Conditional Adult Use Dispensing Organization License
16available no later than October 1, 2019 and shall accept
17applications no later than January 1, 2020.
18    (c) To ensure the geographic dispersion of Conditional
19Adult Use Dispensing Organization License holders, the
20following number of licenses shall be awarded in each BLS
21Region as determined by each region's percentage of the
22State's population:
23        (1) Bloomington: 1
24        (2) Cape Girardeau: 1
25        (3) Carbondale-Marion: 1

 

 

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1        (4) Champaign-Urbana: 1
2        (5) Chicago-Naperville-Elgin: 47
3        (6) Danville: 1
4        (7) Davenport-Moline-Rock Island: 1
5        (8) Decatur: 1
6        (9) Kankakee: 1
7        (10) Peoria: 3
8        (11) Rockford: 2
9        (12) St. Louis: 4
10        (13) Springfield: 1
11        (14) Northwest Illinois nonmetropolitan: 3
12        (15) West Central Illinois nonmetropolitan: 3
13        (16) East Central Illinois nonmetropolitan: 2
14        (17) South Illinois nonmetropolitan: 2
15    (d) An applicant seeking issuance of a Conditional Adult
16Use Dispensing Organization License shall submit an
17application on forms provided by the Department. An applicant
18must meet the following requirements:
19        (1) Payment of a nonrefundable application fee of
20    $5,000 for each license for which the applicant is
21    applying, which shall be deposited into the Cannabis
22    Regulation Fund;
23        (2) Certification that the applicant will comply with
24    the requirements contained in this Act;
25        (3) The legal name of the proposed dispensing
26    organization;

 

 

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1        (4) A statement that the dispensing organization
2    agrees to respond to the Department's supplemental
3    requests for information;
4        (5) From each principal officer, a statement
5    indicating whether that person:
6            (A) has previously held or currently holds an
7        ownership interest in a cannabis business
8        establishment in Illinois; or
9            (B) has held an ownership interest in a dispensing
10        organization or its equivalent in another state or
11        territory of the United States that had the dispensing
12        organization registration or license suspended,
13        revoked, placed on probationary status, or subjected
14        to other disciplinary action;
15        (6) Disclosure of whether any principal officer has
16    ever filed for bankruptcy or defaulted on spousal support
17    or child support obligation;
18        (7) A resume for each principal officer, including
19    whether that person has an academic degree, certification,
20    or relevant experience with a cannabis business
21    establishment or in a related industry;
22        (8) A description of the training and education that
23    will be provided to dispensing organization agents;
24        (9) A copy of the proposed operating bylaws;
25        (10) A copy of the proposed business plan that
26    complies with the requirements in this Act, including, at

 

 

SB2037- 1211 -LRB102 17120 WGH 22551 b

1    a minimum, the following:
2            (A) A description of services to be offered; and
3            (B) A description of the process of dispensing
4        cannabis;
5        (11) A copy of the proposed security plan that
6    complies with the requirements in this Article, including:
7            (A) The process or controls that will be
8        implemented to monitor the dispensary, secure the
9        premises, agents, and currency, and prevent the
10        diversion, theft, or loss of cannabis; and
11            (B) The process to ensure that access to the
12        restricted access areas is restricted to, registered
13        agents, service professionals, transporting
14        organization agents, Department inspectors, and
15        security personnel;
16        (12) A proposed inventory control plan that complies
17    with this Section;
18        (13) A proposed floor plan, a square footage estimate,
19    and a description of proposed security devices, including,
20    without limitation, cameras, motion detectors, servers,
21    video storage capabilities, and alarm service providers;
22        (14) The name, address, social security number, and
23    date of birth of each principal officer and board member
24    of the dispensing organization; each of those individuals
25    shall be at least 21 years of age;
26        (15) Evidence of the applicant's status as a Social

 

 

SB2037- 1212 -LRB102 17120 WGH 22551 b

1    Equity Applicant, if applicable, and whether a Social
2    Equity Applicant plans to apply for a loan or grant issued
3    by the Department of Commerce and Economic Opportunity;
4        (16) The address, telephone number, and email address
5    of the applicant's principal place of business, if
6    applicable. A post office box is not permitted;
7        (17) Written summaries of any information regarding
8    instances in which a business or not-for-profit that a
9    prospective board member previously managed or served on
10    were fined or censured, or any instances in which a
11    business or not-for-profit that a prospective board member
12    previously managed or served on had its registration
13    suspended or revoked in any administrative or judicial
14    proceeding;
15        (18) A plan for community engagement;
16        (19) Procedures to ensure accurate recordkeeping and
17    security measures that are in accordance with this Article
18    and Department rules;
19        (20) The estimated volume of cannabis it plans to
20    store at the dispensary;
21        (21) A description of the features that will provide
22    accessibility to purchasers as required by the Americans
23    with Disabilities Act;
24        (22) A detailed description of air treatment systems
25    that will be installed to reduce odors;
26        (23) A reasonable assurance that the issuance of a

 

 

SB2037- 1213 -LRB102 17120 WGH 22551 b

1    license will not have a detrimental impact on the
2    community in which the applicant wishes to locate;
3        (24) The dated signature of each principal officer;
4        (25) A description of the enclosed, locked facility
5    where cannabis will be stored by the dispensing
6    organization;
7        (26) Signed statements from each dispensing
8    organization agent stating that he or she will not divert
9    cannabis;
10        (27) The number of licenses it is applying for in each
11    BLS Region;
12        (28) A diversity plan that includes a narrative of at
13    least 2,500 words that establishes a goal of diversity in
14    ownership, management, employment, and contracting to
15    ensure that diverse participants and groups are afforded
16    equality of opportunity;
17        (29) A contract with a private security contractor
18    that is licensed under Section 10-5 of the Private
19    Detective, Private Alarm, Private Security, Fingerprint
20    Vendor, and Locksmith Act of 2004 in order for the
21    dispensary to have adequate security at its facility; and
22        (30) Other information deemed necessary by the
23    Illinois Cannabis Regulation Oversight Officer to conduct
24    the disparity and availability study referenced in
25    subsection (e) of Section 5-45.
26    (e) An applicant who receives a Conditional Adult Use

 

 

SB2037- 1214 -LRB102 17120 WGH 22551 b

1Dispensing Organization License under this Section has 180
2days from the date of award to identify a physical location for
3the dispensing organization retail storefront. Before a
4conditional licensee receives an authorization to build out
5the dispensing organization from the Department, the
6Department shall inspect the physical space selected by the
7conditional licensee. The Department shall verify the site is
8suitable for public access, the layout promotes the safe
9dispensing of cannabis, the location is sufficient in size,
10power allocation, lighting, parking, handicapped accessible
11parking spaces, accessible entry and exits as required by the
12Americans with Disabilities Act, product handling, and
13storage. The applicant shall also provide a statement of
14reasonable assurance that the issuance of a license will not
15have a detrimental impact on the community. The applicant
16shall also provide evidence that the location is not within
171,500 feet of an existing dispensing organization. If an
18applicant is unable to find a suitable physical address in the
19opinion of the Department within 180 days of the issuance of
20the Conditional Adult Use Dispensing Organization License, the
21Department may extend the period for finding a physical
22address another 180 days if the Conditional Adult Use
23Dispensing Organization License holder demonstrates concrete
24attempts to secure a location and a hardship. If the
25Department denies the extension or the Conditional Adult Use
26Dispensing Organization License holder is unable to find a

 

 

SB2037- 1215 -LRB102 17120 WGH 22551 b

1location or become operational within 360 days of being
2awarded a conditional license, the Department shall rescind
3the conditional license and award it to the next highest
4scoring applicant in the BLS Region for which the license was
5assigned, provided the applicant receiving the license: (i)
6confirms a continued interest in operating a dispensing
7organization; (ii) can provide evidence that the applicant
8continues to meet all requirements for holding a Conditional
9Adult Use Dispensing Organization License set forth in this
10Act; and (iii) has not otherwise become ineligible to be
11awarded a dispensing organization license. If the new awardee
12is unable to accept the Conditional Adult Use Dispensing
13Organization License, the Department shall award the
14Conditional Adult Use Dispensing Organization License to the
15next highest scoring applicant in the same manner. The new
16awardee shall be subject to the same required deadlines as
17provided in this subsection.
18    (e-5) If, within 180 days of being awarded a Conditional
19Adult Use Dispensing Organization License, a dispensing
20organization is unable to find a location within the BLS
21Region in which it was awarded a Conditional Adult Use
22Dispensing Organization License because no jurisdiction within
23the BLS Region allows for the operation of an Adult Use
24Dispensing Organization, the Department of Financial and
25Professional Regulation may authorize the Conditional Adult
26Use Dispensing Organization License holder to transfer its

 

 

SB2037- 1216 -LRB102 17120 WGH 22551 b

1license to a BLS Region specified by the Department.
2    (f) A dispensing organization that is awarded a
3Conditional Adult Use Dispensing Organization License pursuant
4to the criteria in Section 15-30 shall not purchase, possess,
5sell, or dispense cannabis or cannabis-infused products until
6the person has received an Adult Use Dispensing Organization
7License issued by the Department pursuant to Section 15-36 of
8this Act.
9    (g) The Department shall conduct a background check of the
10prospective organization agents in order to carry out this
11Article. The Illinois Department of State Police shall charge
12the applicant a fee for conducting the criminal history record
13check, which shall be deposited into the State Police Services
14Fund and shall not exceed the actual cost of the record check.
15Each person applying as a dispensing organization agent shall
16submit a full set of fingerprints to the Illinois Department
17of State Police for the purpose of obtaining a State and
18federal criminal records check. These fingerprints shall be
19checked against the fingerprint records now and hereafter, to
20the extent allowed by law, filed in the Illinois Department of
21State Police and Federal Bureau of Identification criminal
22history records databases. The Illinois Department of State
23Police shall furnish, following positive identification, all
24Illinois conviction information to the Department.
25(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 

 

 

SB2037- 1217 -LRB102 17120 WGH 22551 b

1    (410 ILCS 705/15-30)
2    Sec. 15-30. Selection criteria for conditional licenses
3awarded under Section 15-25.
4    (a) Applicants for a Conditional Adult Use Dispensing
5Organization License must submit all required information,
6including the information required in Section 15-25, to the
7Department. Failure by an applicant to submit all required
8information may result in the application being disqualified.
9    (b) If the Department receives an application that fails
10to provide the required elements contained in this Section,
11the Department shall issue a deficiency notice to the
12applicant. The applicant shall have 10 calendar days from the
13date of the deficiency notice to resubmit the incomplete
14information. Applications that are still incomplete after this
15opportunity to cure will not be scored and will be
16disqualified.
17    (c) The Department will award up to 250 points to complete
18applications based on the sufficiency of the applicant's
19responses to required information. Applicants will be awarded
20points based on a determination that the application
21satisfactorily includes the following elements:
22        (1) Suitability of Employee Training Plan (15 points).
23            The plan includes an employee training plan that
24        demonstrates that employees will understand the rules
25        and laws to be followed by dispensary employees, have
26        knowledge of any security measures and operating

 

 

SB2037- 1218 -LRB102 17120 WGH 22551 b

1        procedures of the dispensary, and are able to advise
2        purchasers on how to safely consume cannabis and use
3        individual products offered by the dispensary.
4        (2) Security and Recordkeeping (65 points).
5            (A) The security plan accounts for the prevention
6        of the theft or diversion of cannabis. The security
7        plan demonstrates safety procedures for dispensing
8        organization agents and purchasers, and safe delivery
9        and storage of cannabis and currency. It demonstrates
10        compliance with all security requirements in this Act
11        and rules.
12            (B) A plan for recordkeeping, tracking, and
13        monitoring inventory, quality control, and other
14        policies and procedures that will promote standard
15        recordkeeping and discourage unlawful activity. This
16        plan includes the applicant's strategy to communicate
17        with the Department and the Illinois Department of
18        State Police on the destruction and disposal of
19        cannabis. The plan must also demonstrate compliance
20        with this Act and rules.
21            (C) The security plan shall also detail which
22        private security contractor licensed under Section
23        10-5 of the Private Detective, Private Alarm, Private
24        Security, Fingerprint Vendor, and Locksmith Act of
25        2004 the dispensary will contract with in order to
26        provide adequate security at its facility.

 

 

SB2037- 1219 -LRB102 17120 WGH 22551 b

1        (3) Applicant's Business Plan, Financials, Operating
2    and Floor Plan (65 points).
3            (A) The business plan shall describe, at a
4        minimum, how the dispensing organization will be
5        managed on a long-term basis. This shall include a
6        description of the dispensing organization's
7        point-of-sale system, purchases and denials of sale,
8        confidentiality, and products and services to be
9        offered. It will demonstrate compliance with this Act
10        and rules.
11            (B) The operating plan shall include, at a
12        minimum, best practices for day-to-day dispensary
13        operation and staffing. The operating plan may also
14        include information about employment practices,
15        including information about the percentage of
16        full-time employees who will be provided a living
17        wage.
18            (C) The proposed floor plan is suitable for public
19        access, the layout promotes safe dispensing of
20        cannabis, is compliant with the Americans with
21        Disabilities Act and the Environmental Barriers Act,
22        and facilitates safe product handling and storage.
23        (4) Knowledge and Experience (30 points).
24            (A) The applicant's principal officers must
25        demonstrate experience and qualifications in business
26        management or experience with the cannabis industry.

 

 

SB2037- 1220 -LRB102 17120 WGH 22551 b

1        This includes ensuring optimal safety and accuracy in
2        the dispensing and sale of cannabis.
3            (B) The applicant's principal officers must
4        demonstrate knowledge of various cannabis product
5        strains or varieties and describe the types and
6        quantities of products planned to be sold. This
7        includes confirmation of whether the dispensing
8        organization plans to sell cannabis paraphernalia or
9        edibles.
10            (C) Knowledge and experience may be demonstrated
11        through experience in other comparable industries that
12        reflect on the applicant's ability to operate a
13        cannabis business establishment.
14        (5) Status as a Social Equity Applicant (50 points).
15            The applicant meets the qualifications for a
16        Social Equity Applicant as set forth in this Act.
17        (6) Labor and employment practices (5 points): The
18    applicant may describe plans to provide a safe, healthy,
19    and economically beneficial working environment for its
20    agents, including, but not limited to, codes of conduct,
21    health care benefits, educational benefits, retirement
22    benefits, living wage standards, and entering a labor
23    peace agreement with employees.
24        (7) Environmental Plan (5 points): The applicant may
25    demonstrate an environmental plan of action to minimize
26    the carbon footprint, environmental impact, and resource

 

 

SB2037- 1221 -LRB102 17120 WGH 22551 b

1    needs for the dispensary, which may include, without
2    limitation, recycling cannabis product packaging.
3        (8) Illinois owner (5 points): The applicant is 51% or
4    more owned and controlled by an Illinois resident, who can
5    prove residency in each of the past 5 years with tax
6    records or 2 of the following:
7            (A) a signed lease agreement that includes the
8        applicant's name;
9            (B) a property deed that includes the applicant's
10        name;
11            (C) school records;
12            (D) a voter registration card;
13            (E) an Illinois driver's license, an Illinois
14        Identification Card, or an Illinois Person with a
15        Disability Identification Card;
16            (F) a paycheck stub;
17            (G) a utility bill; or
18            (H) any other proof of residency or other
19        information necessary to establish residence as
20        provided by rule.
21        (9) Status as veteran (5 points): The applicant is 51%
22    or more controlled and owned by an individual or
23    individuals who meet the qualifications of a veteran as
24    defined by Section 45-57 of the Illinois Procurement Code.
25        (10) A diversity plan (5 points): that includes a
26    narrative of not more than 2,500 words that establishes a

 

 

SB2037- 1222 -LRB102 17120 WGH 22551 b

1    goal of diversity in ownership, management, employment,
2    and contracting to ensure that diverse participants and
3    groups are afforded equality of opportunity.
4    (d) The Department may also award up to 2 bonus points for
5a plan to engage with the community. The applicant may
6demonstrate a desire to engage with its community by
7participating in one or more of, but not limited to, the
8following actions: (i) establishment of an incubator program
9designed to increase participation in the cannabis industry by
10persons who would qualify as Social Equity Applicants; (ii)
11providing financial assistance to substance abuse treatment
12centers; (iii) educating children and teens about the
13potential harms of cannabis use; or (iv) other measures
14demonstrating a commitment to the applicant's community. Bonus
15points will only be awarded if the Department receives
16applications that receive an equal score for a particular
17region.
18    (e) The Department may verify information contained in
19each application and accompanying documentation to assess the
20applicant's veracity and fitness to operate a dispensing
21organization.
22    (f) The Department may, in its discretion, refuse to issue
23an authorization to any applicant:
24        (1) Who is unqualified to perform the duties required
25    of the applicant;
26        (2) Who fails to disclose or states falsely any

 

 

SB2037- 1223 -LRB102 17120 WGH 22551 b

1    information called for in the application;
2        (3) Who has been found guilty of a violation of this
3    Act, or whose medical cannabis dispensing organization,
4    medical cannabis cultivation organization, or Early
5    Approval Adult Use Dispensing Organization License, or
6    Early Approval Adult Use Dispensing Organization License
7    at a secondary site, or Early Approval Cultivation Center
8    License was suspended, restricted, revoked, or denied for
9    just cause, or the applicant's cannabis business
10    establishment license was suspended, restricted, revoked,
11    or denied in any other state; or
12        (4) Who has engaged in a pattern or practice of unfair
13    or illegal practices, methods, or activities in the
14    conduct of owning a cannabis business establishment or
15    other business.
16    (g) The Department shall deny the license if any principal
17officer, board member, or person having a financial or voting
18interest of 5% or greater in the licensee is delinquent in
19filing any required tax returns or paying any amounts owed to
20the State of Illinois.
21    (h) The Department shall verify an applicant's compliance
22with the requirements of this Article and rules before issuing
23a dispensing organization license.
24    (i) Should the applicant be awarded a license, the
25information and plans provided in the application, including
26any plans submitted for bonus points, shall become a condition

 

 

SB2037- 1224 -LRB102 17120 WGH 22551 b

1of the Conditional Adult Use Dispensing Organization Licenses
2and any Adult Use Dispensing Organization License issued to
3the holder of the Conditional Adult Use Dispensing
4Organization License, except as otherwise provided by this Act
5or rule. Dispensing organizations have a duty to disclose any
6material changes to the application. The Department shall
7review all material changes disclosed by the dispensing
8organization, and may re-evaluate its prior decision regarding
9the awarding of a license, including, but not limited to,
10suspending or permanently revoking a license. Failure to
11comply with the conditions or requirements in the application
12may subject the dispensing organization to discipline, up to
13and including suspension or permanent revocation of its
14authorization or license by the Department.
15    (j) If an applicant has not begun operating as a
16dispensing organization within one year of the issuance of the
17Conditional Adult Use Dispensing Organization License, the
18Department may permanently revoke the Conditional Adult Use
19Dispensing Organization License and award it to the next
20highest scoring applicant in the BLS Region if a suitable
21applicant indicates a continued interest in the license or
22begin a new selection process to award a Conditional Adult Use
23Dispensing Organization License.
24    (k) The Department shall deny an application if granting
25that application would result in a single person or entity
26having a direct or indirect financial interest in more than 10

 

 

SB2037- 1225 -LRB102 17120 WGH 22551 b

1Early Approval Adult Use Dispensing Organization Licenses,
2Conditional Adult Use Dispensing Organization Licenses, or
3Adult Use Dispensing Organization Licenses. Any entity that is
4awarded a license that results in a single person or entity
5having a direct or indirect financial interest in more than 10
6licenses shall forfeit the most recently issued license and
7suffer a penalty to be determined by the Department, unless
8the entity declines the license at the time it is awarded.
9(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
10    (410 ILCS 705/15-40)
11    Sec. 15-40. Dispensing organization agent identification
12card; agent training.
13    (a) The Department shall:
14        (1) verify the information contained in an application
15    or renewal for a dispensing organization agent
16    identification card submitted under this Article, and
17    approve or deny an application or renewal, within 30 days
18    of receiving a completed application or renewal
19    application and all supporting documentation required by
20    rule;
21        (2) issue a dispensing organization agent
22    identification card to a qualifying agent within 15
23    business days of approving the application or renewal;
24        (3) enter the registry identification number of the
25    dispensing organization where the agent works;

 

 

SB2037- 1226 -LRB102 17120 WGH 22551 b

1        (4) within one year from the effective date of this
2    Act, allow for an electronic application process and
3    provide a confirmation by electronic or other methods that
4    an application has been submitted; and
5        (5) collect a $100 nonrefundable fee from the
6    applicant to be deposited into the Cannabis Regulation
7    Fund.
8    (b) A dispensing organization agent must keep his or her
9identification card visible at all times when in the
10dispensary.
11    (c) The dispensing organization agent identification cards
12shall contain the following:
13        (1) the name of the cardholder;
14        (2) the date of issuance and expiration date of the
15    dispensing organization agent identification cards;
16        (3) a random 10-digit alphanumeric identification
17    number containing at least 4 numbers and at least 4
18    letters that is unique to the cardholder; and
19        (4) a photograph of the cardholder.
20    (d) The dispensing organization agent identification cards
21shall be immediately returned to the dispensing organization
22upon termination of employment.
23    (e) The Department shall not issue an agent identification
24card if the applicant is delinquent in filing any required tax
25returns or paying any amounts owed to the State of Illinois.
26    (f) Any card lost by a dispensing organization agent shall

 

 

SB2037- 1227 -LRB102 17120 WGH 22551 b

1be reported to the Illinois Department of State Police and the
2Department immediately upon discovery of the loss.
3    (g) An applicant shall be denied a dispensing organization
4agent identification card renewal if he or she fails to
5complete the training provided for in this Section.
6    (h) A dispensing organization agent shall only be required
7to hold one card for the same employer regardless of what type
8of dispensing organization license the employer holds.
9    (i) Cannabis retail sales training requirements.
10        (1) Within 90 days of September 1, 2019, or 90 days of
11    employment, whichever is later, all owners, managers,
12    employees, and agents involved in the handling or sale of
13    cannabis or cannabis-infused product employed by an adult
14    use dispensing organization or medical cannabis dispensing
15    organization as defined in Section 10 of the Compassionate
16    Use of Medical Cannabis Program Act shall attend and
17    successfully complete a Responsible Vendor Program.
18        (2) Each owner, manager, employee, and agent of an
19    adult use dispensing organization or medical cannabis
20    dispensing organization shall successfully complete the
21    program annually.
22        (3) Responsible Vendor Program Training modules shall
23    include at least 2 hours of instruction time approved by
24    the Department including:
25            (i) Health and safety concerns of cannabis use,
26        including the responsible use of cannabis, its

 

 

SB2037- 1228 -LRB102 17120 WGH 22551 b

1        physical effects, onset of physiological effects,
2        recognizing signs of impairment, and appropriate
3        responses in the event of overconsumption.
4            (ii) Training on laws and regulations on driving
5        while under the influence and operating a watercraft
6        or snowmobile while under the influence.
7            (iii) Sales to minors prohibition. Training shall
8        cover all relevant Illinois laws and rules.
9            (iv) Quantity limitations on sales to purchasers.
10        Training shall cover all relevant Illinois laws and
11        rules.
12            (v) Acceptable forms of identification. Training
13        shall include:
14                (I) How to check identification; and
15                (II) Common mistakes made in verification;
16            (vi) Safe storage of cannabis;
17            (vii) Compliance with all inventory tracking
18        system regulations;
19            (viii) Waste handling, management, and disposal;
20            (ix) Health and safety standards;
21            (x) Maintenance of records;
22            (xi) Security and surveillance requirements;
23            (xii) Permitting inspections by State and local
24        licensing and enforcement authorities;
25            (xiii) Privacy issues;
26            (xiv) Packaging and labeling requirement for sales

 

 

SB2037- 1229 -LRB102 17120 WGH 22551 b

1        to purchasers; and
2            (xv) Other areas as determined by rule.
3    (j) Blank.
4    (k) Upon the successful completion of the Responsible
5Vendor Program, the provider shall deliver proof of completion
6either through mail or electronic communication to the
7dispensing organization, which shall retain a copy of the
8certificate.
9    (l) The license of a dispensing organization or medical
10cannabis dispensing organization whose owners, managers,
11employees, or agents fail to comply with this Section may be
12suspended or permanently revoked under Section 15-145 or may
13face other disciplinary action.
14    (m) The regulation of dispensing organization and medical
15cannabis dispensing employer and employee training is an
16exclusive function of the State, and regulation by a unit of
17local government, including a home rule unit, is prohibited.
18This subsection (m) is a denial and limitation of home rule
19powers and functions under subsection (h) of Section 6 of
20Article VII of the Illinois Constitution.
21    (n) Persons seeking Department approval to offer the
22training required by paragraph (3) of subsection (i) may apply
23for such approval between August 1 and August 15 of each
24odd-numbered year in a manner prescribed by the Department.
25    (o) Persons seeking Department approval to offer the
26training required by paragraph (3) of subsection (i) shall

 

 

SB2037- 1230 -LRB102 17120 WGH 22551 b

1submit a nonrefundable application fee of $2,000 to be
2deposited into the Cannabis Regulation Fund or a fee as may be
3set by rule. Any changes made to the training module shall be
4approved by the Department.
5    (p) The Department shall not unreasonably deny approval of
6a training module that meets all the requirements of paragraph
7(3) of subsection (i). A denial of approval shall include a
8detailed description of the reasons for the denial.
9    (q) Any person approved to provide the training required
10by paragraph (3) of subsection (i) shall submit an application
11for re-approval between August 1 and August 15 of each
12odd-numbered year and include a nonrefundable application fee
13of $2,000 to be deposited into the Cannabis Regulation Fund or
14a fee as may be set by rule.
15    (r) All persons applying to become or renewing their
16registrations to be agents, including agents-in-charge and
17principal officers, shall disclose any disciplinary action
18taken against them that may have occurred in Illinois, another
19state, or another country in relation to their employment at a
20cannabis business establishment or at any cannabis cultivation
21center, processor, infuser, dispensary, or other cannabis
22business establishment.
23(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
24    (410 ILCS 705/15-65)
25    Sec. 15-65. Administration.

 

 

SB2037- 1231 -LRB102 17120 WGH 22551 b

1    (a) A dispensing organization shall establish, maintain,
2and comply with written policies and procedures as submitted
3in the Business, Financial and Operating plan as required in
4this Article or by rules established by the Department, and
5approved by the Department, for the security, storage,
6inventory, and distribution of cannabis. These policies and
7procedures shall include methods for identifying, recording,
8and reporting diversion, theft, or loss, and for correcting
9errors and inaccuracies in inventories. At a minimum,
10dispensing organizations shall ensure the written policies and
11procedures provide for the following:
12        (1) Mandatory and voluntary recalls of cannabis
13    products. The policies shall be adequate to deal with
14    recalls due to any action initiated at the request of the
15    Department and any voluntary action by the dispensing
16    organization to remove defective or potentially defective
17    cannabis from the market or any action undertaken to
18    promote public health and safety, including:
19            (i) A mechanism reasonably calculated to contact
20        purchasers who have, or likely have, obtained the
21        product from the dispensary, including information on
22        the policy for return of the recalled product;
23            (ii) A mechanism to identify and contact the adult
24        use cultivation center, craft grower, or infuser that
25        manufactured the cannabis;
26            (iii) Policies for communicating with the

 

 

SB2037- 1232 -LRB102 17120 WGH 22551 b

1        Department, the Department of Agriculture, and the
2        Department of Public Health within 24 hours of
3        discovering defective or potentially defective
4        cannabis; and
5            (iv) Policies for destruction of any recalled
6        cannabis product;
7        (2) Responses to local, State, or national
8    emergencies, including natural disasters, that affect the
9    security or operation of a dispensary;
10        (3) Segregation and destruction of outdated, damaged,
11    deteriorated, misbranded, or adulterated cannabis. This
12    procedure shall provide for written documentation of the
13    cannabis disposition;
14        (4) Ensure the oldest stock of a cannabis product is
15    distributed first. The procedure may permit deviation from
16    this requirement, if such deviation is temporary and
17    appropriate;
18        (5) Training of dispensing organization agents in the
19    provisions of this Act and rules, to effectively operate
20    the point-of-sale system and the State's verification
21    system, proper inventory handling and tracking, specific
22    uses of cannabis or cannabis-infused products, instruction
23    regarding regulatory inspection preparedness and law
24    enforcement interaction, awareness of the legal
25    requirements for maintaining status as an agent, and other
26    topics as specified by the dispensing organization or the

 

 

SB2037- 1233 -LRB102 17120 WGH 22551 b

1    Department. The dispensing organization shall maintain
2    evidence of all training provided to each agent in its
3    files that is subject to inspection and audit by the
4    Department. The dispensing organization shall ensure
5    agents receive a minimum of 8 hours of training subject to
6    the requirements in subsection (i) of Section 15-40
7    annually, unless otherwise approved by the Department;
8        (6) Maintenance of business records consistent with
9    industry standards, including bylaws, consents, manual or
10    computerized records of assets and liabilities, audits,
11    monetary transactions, journals, ledgers, and supporting
12    documents, including agreements, checks, invoices,
13    receipts, and vouchers. Records shall be maintained in a
14    manner consistent with this Act and shall be retained for
15    5 years;
16        (7) Inventory control, including:
17            (i) Tracking purchases and denials of sale;
18            (ii) Disposal of unusable or damaged cannabis as
19        required by this Act and rules; and
20        (8) Purchaser education and support, including:
21            (i) Whether possession of cannabis is illegal
22        under federal law;
23            (ii) Current educational information issued by the
24        Department of Public Health about the health risks
25        associated with the use or abuse of cannabis;
26            (iii) Information about possible side effects;

 

 

SB2037- 1234 -LRB102 17120 WGH 22551 b

1            (iv) Prohibition on smoking cannabis in public
2        places; and
3            (v) Offering any other appropriate purchaser
4        education or support materials.
5    (b) Blank.
6    (c) A dispensing organization shall maintain copies of the
7policies and procedures on the dispensary premises and provide
8copies to the Department upon request. The dispensing
9organization shall review the dispensing organization policies
10and procedures at least once every 12 months from the issue
11date of the license and update as needed due to changes in
12industry standards or as requested by the Department.
13    (d) A dispensing organization shall ensure that each
14principal officer and each dispensing organization agent has a
15current agent identification card in the agent's immediate
16possession when the agent is at the dispensary.
17    (e) A dispensing organization shall provide prompt written
18notice to the Department, including the date of the event,
19when a dispensing organization agent no longer is employed by
20the dispensing organization.
21    (f) A dispensing organization shall promptly document and
22report any loss or theft of cannabis from the dispensary to the
23Illinois Department of State Police and the Department. It is
24the duty of any dispensing organization agent who becomes
25aware of the loss or theft to report it as provided in this
26Article.

 

 

SB2037- 1235 -LRB102 17120 WGH 22551 b

1    (g) A dispensing organization shall post the following
2information in a conspicuous location in an area of the
3dispensary accessible to consumers:
4        (1) The dispensing organization's license;
5        (2) The hours of operation.
6    (h) Signage that shall be posted inside the premises.
7        (1) All dispensing organizations must display a
8    placard that states the following: "Cannabis consumption
9    can impair cognition and driving, is for adult use only,
10    may be habit forming, and should not be used by pregnant or
11    breastfeeding women.".
12        (2) Any dispensing organization that sells edible
13    cannabis-infused products must display a placard that
14    states the following:
15            (A) "Edible cannabis-infused products were
16        produced in a kitchen that may also process common
17        food allergens."; and
18            (B) "The effects of cannabis products can vary
19        from person to person, and it can take as long as two
20        hours to feel the effects of some cannabis-infused
21        products. Carefully review the portion size
22        information and warnings contained on the product
23        packaging before consuming.".
24        (3) All of the required signage in this subsection (h)
25    shall be no smaller than 24 inches tall by 36 inches wide,
26    with typed letters no smaller than 2 inches. The signage

 

 

SB2037- 1236 -LRB102 17120 WGH 22551 b

1    shall be clearly visible and readable by customers. The
2    signage shall be placed in the area where cannabis and
3    cannabis-infused products are sold and may be translated
4    into additional languages as needed. The Department may
5    require a dispensary to display the required signage in a
6    different language, other than English, if the Secretary
7    deems it necessary.
8    (i) A dispensing organization shall prominently post
9notices inside the dispensing organization that state
10activities that are strictly prohibited and punishable by law,
11including, but not limited to:
12        (1) no minors permitted on the premises unless the
13    minor is a minor qualifying patient under the
14    Compassionate Use of Medical Cannabis Program Act;
15        (2) distribution to persons under the age of 21 is
16    prohibited;
17        (3) transportation of cannabis or cannabis products
18    across state lines is prohibited.
19(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
20    (410 ILCS 705/15-75)
21    Sec. 15-75. Inventory control system.
22    (a) A dispensing organization agent-in-charge shall have
23primary oversight of the dispensing organization's cannabis
24inventory verification system, and its point-of-sale system.
25The inventory point-of-sale system shall be real-time,

 

 

SB2037- 1237 -LRB102 17120 WGH 22551 b

1web-based, and accessible by the Department at any time. The
2point-of-sale system shall track, at a minimum the date of
3sale, amount, price, and currency.
4    (b) A dispensing organization shall establish an account
5with the State's verification system that documents:
6        (1) Each sales transaction at the time of sale and
7    each day's beginning inventory, acquisitions, sales,
8    disposal, and ending inventory.
9        (2) Acquisition of cannabis and cannabis-infused
10    products from a licensed adult use cultivation center,
11    craft grower, infuser, or transporter, including:
12            (i) A description of the products, including the
13        quantity, strain, variety, and batch number of each
14        product received;
15            (ii) The name and registry identification number
16        of the licensed adult use cultivation center, craft
17        grower, or infuser providing the cannabis and
18        cannabis-infused products;
19            (iii) The name and registry identification number
20        of the licensed adult use cultivation center, craft
21        grower, infuser, or transporting agent delivering the
22        cannabis;
23            (iv) The name and registry identification number
24        of the dispensing organization agent receiving the
25        cannabis; and
26            (v) The date of acquisition.

 

 

SB2037- 1238 -LRB102 17120 WGH 22551 b

1        (3) The disposal of cannabis, including:
2            (i) A description of the products, including the
3        quantity, strain, variety, batch number, and reason
4        for the cannabis being disposed;
5            (ii) The method of disposal; and
6            (iii) The date and time of disposal.
7    (c) Upon cannabis delivery, a dispensing organization
8shall confirm the product's name, strain name, weight, and
9identification number on the manifest matches the information
10on the cannabis product label and package. The product name
11listed and the weight listed in the State's verification
12system shall match the product packaging.
13    (d) The agent-in-charge shall conduct daily inventory
14reconciliation documenting and balancing cannabis inventory by
15confirming the State's verification system matches the
16dispensing organization's point-of-sale system and the amount
17of physical product at the dispensary.
18        (1) A dispensing organization must receive Department
19    approval before completing an inventory adjustment. It
20    shall provide a detailed reason for the adjustment.
21    Inventory adjustment documentation shall be kept at the
22    dispensary for 2 years from the date performed.
23        (2) If the dispensing organization identifies an
24    imbalance in the amount of cannabis after the daily
25    inventory reconciliation due to mistake, the dispensing
26    organization shall determine how the imbalance occurred

 

 

SB2037- 1239 -LRB102 17120 WGH 22551 b

1    and immediately upon discovery take and document
2    corrective action. If the dispensing organization cannot
3    identify the reason for the mistake within 2 calendar days
4    after first discovery, it shall inform the Department
5    immediately in writing of the imbalance and the corrective
6    action taken to date. The dispensing organization shall
7    work diligently to determine the reason for the mistake.
8        (3) If the dispensing organization identifies an
9    imbalance in the amount of cannabis after the daily
10    inventory reconciliation or through other means due to
11    theft, criminal activity, or suspected criminal activity,
12    the dispensing organization shall immediately determine
13    how the reduction occurred and take and document
14    corrective action. Within 24 hours after the first
15    discovery of the reduction due to theft, criminal
16    activity, or suspected criminal activity, the dispensing
17    organization shall inform the Department and the Illinois
18    Department of State Police in writing.
19        (4) The dispensing organization shall file an annual
20    compilation report with the Department, including a
21    financial statement that shall include, but not be limited
22    to, an income statement, balance sheet, profit and loss
23    statement, statement of cash flow, wholesale cost and
24    sales, and any other documentation requested by the
25    Department in writing. The financial statement shall
26    include any other information the Department deems

 

 

SB2037- 1240 -LRB102 17120 WGH 22551 b

1    necessary in order to effectively administer this Act and
2    all rules, orders, and final decisions promulgated under
3    this Act. Statements required by this Section shall be
4    filed with the Department within 60 days after the end of
5    the calendar year. The compilation report shall include a
6    letter authored by a licensed certified public accountant
7    that it has been reviewed and is accurate based on the
8    information provided. The dispensing organization,
9    financial statement, and accompanying documents are not
10    required to be audited unless specifically requested by
11    the Department.
12    (e) A dispensing organization shall:
13        (1) Maintain the documentation required in this
14    Section in a secure locked location at the dispensing
15    organization for 5 years from the date on the document;
16        (2) Provide any documentation required to be
17    maintained in this Section to the Department for review
18    upon request; and
19        (3) If maintaining a bank account, retain for a period
20    of 5 years a record of each deposit or withdrawal from the
21    account.
22    (f) If a dispensing organization chooses to have a return
23policy for cannabis and cannabis products, the dispensing
24organization shall seek prior approval from the Department.
25(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 

 

 

SB2037- 1241 -LRB102 17120 WGH 22551 b

1    (410 ILCS 705/15-100)
2    Sec. 15-100. Security.
3    (a) A dispensing organization shall implement security
4measures to deter and prevent entry into and theft of cannabis
5or currency.
6    (b) A dispensing organization shall submit any changes to
7the floor plan or security plan to the Department for
8pre-approval. All cannabis shall be maintained and stored in a
9restricted access area during construction.
10    (c) The dispensing organization shall implement security
11measures to protect the premises, purchasers, and dispensing
12organization agents including, but not limited to the
13following:
14        (1) Establish a locked door or barrier between the
15    facility's entrance and the limited access area;
16        (2) Prevent individuals from remaining on the premises
17    if they are not engaging in activity permitted by this Act
18    or rules;
19        (3) Develop a policy that addresses the maximum
20    capacity and purchaser flow in the waiting rooms and
21    limited access areas;
22        (4) Dispose of cannabis in accordance with this Act
23    and rules;
24        (5) During hours of operation, store and dispense all
25    cannabis from the restricted access area. During
26    operational hours, cannabis shall be stored in an enclosed

 

 

SB2037- 1242 -LRB102 17120 WGH 22551 b

1    locked room or cabinet and accessible only to specifically
2    authorized dispensing organization agents;
3        (6) When the dispensary is closed, store all cannabis
4    and currency in a reinforced vault room in the restricted
5    access area and in a manner as to prevent diversion,
6    theft, or loss;
7        (7) Keep the reinforced vault room and any other
8    equipment or cannabis storage areas securely locked and
9    protected from unauthorized entry;
10        (8) Keep an electronic daily log of dispensing
11    organization agents with access to the reinforced vault
12    room and knowledge of the access code or combination;
13        (9) Keep all locks and security equipment in good
14    working order;
15        (10) Maintain an operational security and alarm system
16    at all times;
17        (11) Prohibit keys, if applicable, from being left in
18    the locks, or stored or placed in a location accessible to
19    persons other than specifically authorized personnel;
20        (12) Prohibit accessibility of security measures,
21    including combination numbers, passwords, or electronic or
22    biometric security systems to persons other than
23    specifically authorized dispensing organization agents;
24        (13) Ensure that the dispensary interior and exterior
25    premises are sufficiently lit to facilitate surveillance;
26        (14) Ensure that trees, bushes, and other foliage

 

 

SB2037- 1243 -LRB102 17120 WGH 22551 b

1    outside of the dispensary premises do not allow for a
2    person or persons to conceal themselves from sight;
3        (15) Develop emergency policies and procedures for
4    securing all product and currency following any instance
5    of diversion, theft, or loss of cannabis, and conduct an
6    assessment to determine whether additional safeguards are
7    necessary; and
8        (16) Develop sufficient additional safeguards in
9    response to any special security concerns, or as required
10    by the Department.
11    (d) The Department may request or approve alternative
12security provisions that it determines are an adequate
13substitute for a security requirement specified in this
14Article. Any additional protections may be considered by the
15Department in evaluating overall security measures.
16    (e) A dispensing organization may share premises with a
17craft grower or an infuser organization, or both, provided
18each licensee stores currency and cannabis or cannabis-infused
19products in a separate secured vault to which the other
20licensee does not have access or all licensees sharing a vault
21share more than 50% of the same ownership.
22    (f) A dispensing organization shall provide additional
23security as needed and in a manner appropriate for the
24community where it operates.
25    (g) Restricted access areas.
26        (1) All restricted access areas must be identified by

 

 

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1    the posting of a sign that is a minimum of 12 inches by 12
2    inches and that states "Do Not Enter - Restricted Access
3    Area - Authorized Personnel Only" in lettering no smaller
4    than one inch in height.
5        (2) All restricted access areas shall be clearly
6    described in the floor plan of the premises, in the form
7    and manner determined by the Department, reflecting walls,
8    partitions, counters, and all areas of entry and exit. The
9    floor plan shall show all storage, disposal, and retail
10    sales areas.
11        (3) All restricted access areas must be secure, with
12    locking devices that prevent access from the limited
13    access areas.
14    (h) Security and alarm.
15        (1) A dispensing organization shall have an adequate
16    security plan and security system to prevent and detect
17    diversion, theft, or loss of cannabis, currency, or
18    unauthorized intrusion using commercial grade equipment
19    installed by an Illinois licensed private alarm contractor
20    or private alarm contractor agency that shall, at a
21    minimum, include:
22            (i) A perimeter alarm on all entry points and
23        glass break protection on perimeter windows;
24            (ii) Security shatterproof tinted film on exterior
25        windows;
26            (iii) A failure notification system that provides

 

 

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1        an audible, text, or visual notification of any
2        failure in the surveillance system, including, but not
3        limited to, panic buttons, alarms, and video
4        monitoring system. The failure notification system
5        shall provide an alert to designated dispensing
6        organization agents within 5 minutes after the
7        failure, either by telephone or text message;
8            (iv) A duress alarm, panic button, and alarm, or
9        holdup alarm and after-hours intrusion detection alarm
10        that by design and purpose will directly or indirectly
11        notify, by the most efficient means, the Public Safety
12        Answering Point for the law enforcement agency having
13        primary jurisdiction;
14            (v) Security equipment to deter and prevent
15        unauthorized entrance into the dispensary, including
16        electronic door locks on the limited and restricted
17        access areas that include devices or a series of
18        devices to detect unauthorized intrusion that may
19        include a signal system interconnected with a radio
20        frequency method, cellular, private radio signals or
21        other mechanical or electronic device.
22        (2) All security system equipment and recordings shall
23    be maintained in good working order, in a secure location
24    so as to prevent theft, loss, destruction, or alterations.
25        (3) Access to surveillance monitoring recording
26    equipment shall be limited to persons who are essential to

 

 

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1    surveillance operations, law enforcement authorities
2    acting within their jurisdiction, security system service
3    personnel, and the Department. A current list of
4    authorized dispensing organization agents and service
5    personnel that have access to the surveillance equipment
6    must be available to the Department upon request.
7        (4) All security equipment shall be inspected and
8    tested at regular intervals, not to exceed one month from
9    the previous inspection, and tested to ensure the systems
10    remain functional.
11        (5) The security system shall provide protection
12    against theft and diversion that is facilitated or hidden
13    by tampering with computers or electronic records.
14        (6) The dispensary shall ensure all access doors are
15    not solely controlled by an electronic access panel to
16    ensure that locks are not released during a power outage.
17    (i) To monitor the dispensary, the dispensing organization
18shall incorporate continuous electronic video monitoring
19including the following:
20        (1) All monitors must be 19 inches or greater;
21        (2) Unobstructed video surveillance of all enclosed
22    dispensary areas, unless prohibited by law, including all
23    points of entry and exit that shall be appropriate for the
24    normal lighting conditions of the area under surveillance.
25    The cameras shall be directed so all areas are captured,
26    including, but not limited to, safes, vaults, sales areas,

 

 

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1    and areas where cannabis is stored, handled, dispensed, or
2    destroyed. Cameras shall be angled to allow for facial
3    recognition, the capture of clear and certain
4    identification of any person entering or exiting the
5    dispensary area and in lighting sufficient during all
6    times of night or day;
7        (3) Unobstructed video surveillance of outside areas,
8    the storefront, and the parking lot, that shall be
9    appropriate for the normal lighting conditions of the area
10    under surveillance. Cameras shall be angled so as to allow
11    for the capture of facial recognition, clear and certain
12    identification of any person entering or exiting the
13    dispensary and the immediate surrounding area, and license
14    plates of vehicles in the parking lot;
15        (4) 24-hour recordings from all video cameras
16    available for immediate viewing by the Department upon
17    request. Recordings shall not be destroyed or altered and
18    shall be retained for at least 90 days. Recordings shall
19    be retained as long as necessary if the dispensing
20    organization is aware of the loss or theft of cannabis or a
21    pending criminal, civil, or administrative investigation
22    or legal proceeding for which the recording may contain
23    relevant information;
24        (5) The ability to immediately produce a clear, color
25    still photo from the surveillance video, either live or
26    recorded;

 

 

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1        (6) A date and time stamp embedded on all video
2    surveillance recordings. The date and time shall be
3    synchronized and set correctly and shall not significantly
4    obscure the picture;
5        (7) The ability to remain operational during a power
6    outage and ensure all access doors are not solely
7    controlled by an electronic access panel to ensure that
8    locks are not released during a power outage;
9        (8) All video surveillance equipment shall allow for
10    the exporting of still images in an industry standard
11    image format, including .jpg, .bmp, and .gif. Exported
12    video shall have the ability to be archived in a
13    proprietary format that ensures authentication of the
14    video and guarantees that no alteration of the recorded
15    image has taken place. Exported video shall also have the
16    ability to be saved in an industry standard file format
17    that can be played on a standard computer operating
18    system. All recordings shall be erased or destroyed before
19    disposal;
20        (9) The video surveillance system shall be operational
21    during a power outage with a 4-hour minimum battery
22    backup;
23        (10) A video camera or cameras recording at each
24    point-of-sale location allowing for the identification of
25    the dispensing organization agent distributing the
26    cannabis and any purchaser. The camera or cameras shall

 

 

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1    capture the sale, the individuals and the computer
2    monitors used for the sale;
3        (11) A failure notification system that provides an
4    audible and visual notification of any failure in the
5    electronic video monitoring system; and
6        (12) All electronic video surveillance monitoring must
7    record at least the equivalent of 8 frames per second and
8    be available as recordings to the Department and the
9    Illinois Department of State Police 24 hours a day via a
10    secure web-based portal with reverse functionality.
11    (j) The requirements contained in this Act are minimum
12requirements for operating a dispensing organization. The
13Department may establish additional requirements by rule.
14(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
15    (410 ILCS 705/15-135)
16    Sec. 15-135. Investigations.
17    (a) Dispensing organizations are subject to random and
18unannounced dispensary inspections and cannabis testing by the
19Department, the Illinois Department of State Police, and local
20law enforcement.
21    (b) The Department and its authorized representatives may
22enter any place, including a vehicle, in which cannabis is
23held, stored, dispensed, sold, produced, delivered,
24transported, manufactured, or disposed of and inspect, in a
25reasonable manner, the place and all pertinent equipment,

 

 

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1containers and labeling, and all things including records,
2files, financial data, sales data, shipping data, pricing
3data, personnel data, research, papers, processes, controls,
4and facility, and inventory any stock of cannabis and obtain
5samples of any cannabis or cannabis-infused product, any
6labels or containers for cannabis, or paraphernalia.
7    (c) The Department may conduct an investigation of an
8applicant, application, dispensing organization, principal
9officer, dispensary agent, third party vendor, or any other
10party associated with a dispensing organization for an alleged
11violation of this Act or rules or to determine qualifications
12to be granted a registration by the Department.
13    (d) The Department may require an applicant or holder of
14any license issued pursuant to this Article to produce
15documents, records, or any other material pertinent to the
16investigation of an application or alleged violations of this
17Act or rules. Failure to provide the required material may be
18grounds for denial or discipline.
19    (e) Every person charged with preparation, obtaining, or
20keeping records, logs, reports, or other documents in
21connection with this Act and rules and every person in charge,
22or having custody, of those documents shall, upon request by
23the Department, make the documents immediately available for
24inspection and copying by the Department, the Department's
25authorized representative, or others authorized by law to
26review the documents.

 

 

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1(Source: P.A. 101-27, eff. 6-25-19.)
 
2    (410 ILCS 705/20-15)
3    Sec. 20-15. Conditional Adult Use Cultivation Center
4application.
5    (a) If the Department of Agriculture makes available
6additional cultivation center licenses pursuant to Section
720-5, applicants for a Conditional Adult Use Cultivation
8Center License shall electronically submit the following in
9such form as the Department of Agriculture may direct:
10        (1) the nonrefundable application fee set by rule by
11    the Department of Agriculture, to be deposited into the
12    Cannabis Regulation Fund;
13        (2) the legal name of the cultivation center;
14        (3) the proposed physical address of the cultivation
15    center;
16        (4) the name, address, social security number, and
17    date of birth of each principal officer and board member
18    of the cultivation center; each principal officer and
19    board member shall be at least 21 years of age;
20        (5) the details of any administrative or judicial
21    proceeding in which any of the principal officers or board
22    members of the cultivation center (i) pled guilty, were
23    convicted, were fined, or had a registration or license
24    suspended or revoked, or (ii) managed or served on the
25    board of a business or non-profit organization that pled

 

 

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1    guilty, was convicted, was fined, or had a registration or
2    license suspended or revoked;
3        (6) proposed operating bylaws that include procedures
4    for the oversight of the cultivation center, including the
5    development and implementation of a plant monitoring
6    system, accurate recordkeeping, staffing plan, and
7    security plan approved by the Illinois Department of State
8    Police that are in accordance with the rules issued by the
9    Department of Agriculture under this Act. A physical
10    inventory shall be performed of all plants and cannabis on
11    a weekly basis by the cultivation center;
12        (7) verification from the Illinois Department of State
13    Police that all background checks of the prospective
14    principal officers, board members, and agents of the
15    cannabis business establishment have been conducted;
16        (8) a copy of the current local zoning ordinance or
17    permit and verification that the proposed cultivation
18    center is in compliance with the local zoning rules and
19    distance limitations established by the local
20    jurisdiction;
21        (9) proposed employment practices, in which the
22    applicant must demonstrate a plan of action to inform,
23    hire, and educate minorities, women, veterans, and persons
24    with disabilities, engage in fair labor practices, and
25    provide worker protections;
26        (10) whether an applicant can demonstrate experience

 

 

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1    in or business practices that promote economic empowerment
2    in Disproportionately Impacted Areas;
3        (11) experience with the cultivation of agricultural
4    or horticultural products, operating an agriculturally
5    related business, or operating a horticultural business;
6        (12) a description of the enclosed, locked facility
7    where cannabis will be grown, harvested, manufactured,
8    processed, packaged, or otherwise prepared for
9    distribution to a dispensing organization;
10        (13) a survey of the enclosed, locked facility,
11    including the space used for cultivation;
12        (14) cultivation, processing, inventory, and packaging
13    plans;
14        (15) a description of the applicant's experience with
15    agricultural cultivation techniques and industry
16    standards;
17        (16) a list of any academic degrees, certifications,
18    or relevant experience of all prospective principal
19    officers, board members, and agents of the related
20    business;
21        (17) the identity of every person having a financial
22    or voting interest of 5% or greater in the cultivation
23    center operation with respect to which the license is
24    sought, whether a trust, corporation, partnership, limited
25    liability company, or sole proprietorship, including the
26    name and address of each person;

 

 

SB2037- 1254 -LRB102 17120 WGH 22551 b

1        (18) a plan describing how the cultivation center will
2    address each of the following:
3            (i) energy needs, including estimates of monthly
4        electricity and gas usage, to what extent it will
5        procure energy from a local utility or from on-site
6        generation, and if it has or will adopt a sustainable
7        energy use and energy conservation policy;
8            (ii) water needs, including estimated water draw
9        and if it has or will adopt a sustainable water use and
10        water conservation policy; and
11            (iii) waste management, including if it has or
12        will adopt a waste reduction policy;
13        (19) a diversity plan that includes a narrative of not
14    more than 2,500 words that establishes a goal of diversity
15    in ownership, management, employment, and contracting to
16    ensure that diverse participants and groups are afforded
17    equality of opportunity;
18        (20) any other information required by rule;
19        (21) a recycling plan:
20            (A) Purchaser packaging, including cartridges,
21        shall be accepted by the applicant and recycled.
22            (B) Any recyclable waste generated by the cannabis
23        cultivation facility shall be recycled per applicable
24        State and local laws, ordinances, and rules.
25            (C) Any cannabis waste, liquid waste, or hazardous
26        waste shall be disposed of in accordance with 8 Ill.

 

 

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1        Adm. Code 1000.460, except, to the greatest extent
2        feasible, all cannabis plant waste will be rendered
3        unusable by grinding and incorporating the cannabis
4        plant waste with compostable mixed waste to be
5        disposed of in accordance with 8 Ill. Adm. Code
6        1000.460(g)(1);
7        (22) commitment to comply with local waste provisions:
8    a cultivation facility must remain in compliance with
9    applicable State and federal environmental requirements,
10    including, but not limited to:
11            (A) storing, securing, and managing all
12        recyclables and waste, including organic waste
13        composed of or containing finished cannabis and
14        cannabis products, in accordance with applicable State
15        and local laws, ordinances, and rules; and
16            (B) disposing liquid waste containing cannabis or
17        byproducts of cannabis processing in compliance with
18        all applicable State and federal requirements,
19        including, but not limited to, the cannabis
20        cultivation facility's permits under Title X of the
21        Environmental Protection Act; and
22        (23) a commitment to a technology standard for
23    resource efficiency of the cultivation center facility.
24            (A) A cannabis cultivation facility commits to use
25        resources efficiently, including energy and water. For
26        the following, a cannabis cultivation facility commits

 

 

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1        to meet or exceed the technology standard identified
2        in items (i), (ii), (iii), and (iv), which may be
3        modified by rule:
4                (i) lighting systems, including light bulbs;
5                (ii) HVAC system;
6                (iii) water application system to the crop;
7            and
8                (iv) filtration system for removing
9            contaminants from wastewater.
10            (B) Lighting. The Lighting Power Densities (LPD)
11        for cultivation space commits to not exceed an average
12        of 36 watts per gross square foot of active and growing
13        space canopy, or all installed lighting technology
14        shall meet a photosynthetic photon efficacy (PPE) of
15        no less than 2.2 micromoles per joule fixture and
16        shall be featured on the DesignLights Consortium (DLC)
17        Horticultural Specification Qualified Products List
18        (QPL). In the event that DLC requirement for minimum
19        efficacy exceeds 2.2 micromoles per joule fixture,
20        that PPE shall become the new standard.
21            (C) HVAC.
22                (i) For cannabis grow operations with less
23            than 6,000 square feet of canopy, the licensee
24            commits that all HVAC units will be
25            high-efficiency ductless split HVAC units, or
26            other more energy efficient equipment.

 

 

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1                (ii) For cannabis grow operations with 6,000
2            square feet of canopy or more, the licensee
3            commits that all HVAC units will be variable
4            refrigerant flow HVAC units, or other more energy
5            efficient equipment.
6            (D) Water application.
7                (i) The cannabis cultivation facility commits
8            to use automated watering systems, including, but
9            not limited to, drip irrigation and flood tables,
10            to irrigate cannabis crop.
11                (ii) The cannabis cultivation facility commits
12            to measure runoff from watering events and report
13            this volume in its water usage plan, and that on
14            average, watering events shall have no more than
15            20% of runoff of water.
16            (E) Filtration. The cultivator commits that HVAC
17        condensate, dehumidification water, excess runoff, and
18        other wastewater produced by the cannabis cultivation
19        facility shall be captured and filtered to the best of
20        the facility's ability to achieve the quality needed
21        to be reused in subsequent watering rounds.
22            (F) Reporting energy use and efficiency as
23        required by rule.
24    (b) Applicants must submit all required information,
25including the information required in Section 20-10, to the
26Department of Agriculture. Failure by an applicant to submit

 

 

SB2037- 1258 -LRB102 17120 WGH 22551 b

1all required information may result in the application being
2disqualified.
3    (c) If the Department of Agriculture receives an
4application with missing information, the Department of
5Agriculture may issue a deficiency notice to the applicant.
6The applicant shall have 10 calendar days from the date of the
7deficiency notice to resubmit the incomplete information.
8Applications that are still incomplete after this opportunity
9to cure will not be scored and will be disqualified.
10    (e) A cultivation center that is awarded a Conditional
11Adult Use Cultivation Center License pursuant to the criteria
12in Section 20-20 shall not grow, purchase, possess, or sell
13cannabis or cannabis-infused products until the person has
14received an Adult Use Cultivation Center License issued by the
15Department of Agriculture pursuant to Section 20-21 of this
16Act.
17(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
18    (410 ILCS 705/20-30)
19    Sec. 20-30. Cultivation center requirements; prohibitions.
20    (a) The operating documents of a cultivation center shall
21include procedures for the oversight of the cultivation center
22a cannabis plant monitoring system including a physical
23inventory recorded weekly, accurate recordkeeping, and a
24staffing plan.
25    (b) A cultivation center shall implement a security plan

 

 

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1reviewed by the Illinois Department of State Police that
2includes, but is not limited to: facility access controls,
3perimeter intrusion detection systems, personnel
4identification systems, 24-hour surveillance system to monitor
5the interior and exterior of the cultivation center facility
6and accessibility to authorized law enforcement, the
7Department of Public Health where processing takes place, and
8the Department of Agriculture in real time.
9    (c) All cultivation of cannabis by a cultivation center
10must take place in an enclosed, locked facility at the
11physical address provided to the Department of Agriculture
12during the licensing process. The cultivation center location
13shall only be accessed by the agents working for the
14cultivation center, the Department of Agriculture staff
15performing inspections, the Department of Public Health staff
16performing inspections, local and State law enforcement or
17other emergency personnel, contractors working on jobs
18unrelated to cannabis, such as installing or maintaining
19security devices or performing electrical wiring, transporting
20organization agents as provided in this Act, individuals in a
21mentoring or educational program approved by the State, or
22other individuals as provided by rule.
23    (d) A cultivation center may not sell or distribute any
24cannabis or cannabis-infused products to any person other than
25a dispensing organization, craft grower, infuser organization,
26transporter, or as otherwise authorized by rule.

 

 

SB2037- 1260 -LRB102 17120 WGH 22551 b

1    (e) A cultivation center may not either directly or
2indirectly discriminate in price between different dispensing
3organizations, craft growers, or infuser organizations that
4are purchasing a like grade, strain, brand, and quality of
5cannabis or cannabis-infused product. Nothing in this
6subsection (e) prevents a cultivation center centers from
7pricing cannabis differently based on differences in the cost
8of manufacturing or processing, the quantities sold, such as
9volume discounts, or the way the products are delivered.
10    (f) All cannabis harvested by a cultivation center and
11intended for distribution to a dispensing organization must be
12entered into a data collection system, packaged and labeled
13under Section 55-21, and placed into a cannabis container for
14transport. All cannabis harvested by a cultivation center and
15intended for distribution to a craft grower or infuser
16organization must be packaged in a labeled cannabis container
17and entered into a data collection system before transport.
18    (g) Cultivation centers are subject to random inspections
19by the Department of Agriculture, the Department of Public
20Health, local safety or health inspectors, and the Illinois
21Department of State Police.
22    (h) A cultivation center agent shall notify local law
23enforcement, the Illinois Department of State Police, and the
24Department of Agriculture within 24 hours of the discovery of
25any loss or theft. Notification shall be made by phone or in
26person, or by written or electronic communication.

 

 

SB2037- 1261 -LRB102 17120 WGH 22551 b

1    (i) A cultivation center shall comply with all State and
2any applicable federal rules and regulations regarding the use
3of pesticides on cannabis plants.
4    (j) No person or entity shall hold any legal, equitable,
5ownership, or beneficial interest, directly or indirectly, of
6more than 3 cultivation centers licensed under this Article.
7Further, no person or entity that is employed by, an agent of,
8has a contract to receive payment in any form from a
9cultivation center, is a principal officer of a cultivation
10center, or entity controlled by or affiliated with a principal
11officer of a cultivation shall hold any legal, equitable,
12ownership, or beneficial interest, directly or indirectly, in
13a cultivation that would result in the person or entity owning
14or controlling in combination with any cultivation center,
15principal officer of a cultivation center, or entity
16controlled or affiliated with a principal officer of a
17cultivation center by which he, she, or it is employed, is an
18agent of, or participates in the management of, more than 3
19cultivation center licenses.
20    (k) A cultivation center may not contain more than 210,000
21square feet of canopy space for plants in the flowering stage
22for cultivation of adult use cannabis as provided in this Act.
23    (l) A cultivation center may process cannabis, cannabis
24concentrates, and cannabis-infused products.
25    (m) Beginning July 1, 2020, a cultivation center shall not
26transport cannabis or cannabis-infused products to a craft

 

 

SB2037- 1262 -LRB102 17120 WGH 22551 b

1grower, dispensing organization, infuser organization, or
2laboratory licensed under this Act, unless it has obtained a
3transporting organization license.
4    (n) It is unlawful for any person having a cultivation
5center license or any officer, associate, member,
6representative, or agent of such licensee to offer or deliver
7money, or anything else of value, directly or indirectly to
8any person having an Early Approval Adult Use Dispensing
9Organization License, a Conditional Adult Use Dispensing
10Organization License, an Adult Use Dispensing Organization
11License, or a medical cannabis dispensing organization license
12issued under the Compassionate Use of Medical Cannabis Program
13Act, or to any person connected with or in any way
14representing, or to any member of the family of, such person
15holding an Early Approval Adult Use Dispensing Organization
16License, a Conditional Adult Use Dispensing Organization
17License, an Adult Use Dispensing Organization License, or a
18medical cannabis dispensing organization license issued under
19the Compassionate Use of Medical Cannabis Program Act, or to
20any stockholders in any corporation engaged in the retail sale
21of cannabis, or to any officer, manager, agent, or
22representative of the Early Approval Adult Use Dispensing
23Organization License, a Conditional Adult Use Dispensing
24Organization License, an Adult Use Dispensing Organization
25License, or a medical cannabis dispensing organization license
26issued under the Compassionate Use of Medical Cannabis Program

 

 

SB2037- 1263 -LRB102 17120 WGH 22551 b

1Act to obtain preferential placement within the dispensing
2organization, including, without limitation, on shelves and in
3display cases where purchasers can view products, or on the
4dispensing organization's website.
5    (o) A cultivation center must comply with any other
6requirements or prohibitions set by administrative rule of the
7Department of Agriculture.
8(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
9    (410 ILCS 705/20-35)
10    Sec. 20-35. Cultivation center agent identification card.
11    (a) The Department of Agriculture shall:
12        (1) establish by rule the information required in an
13    initial application or renewal application for an agent
14    identification card submitted under this Act and the
15    nonrefundable fee to accompany the initial application or
16    renewal application;
17        (2) verify the information contained in an initial
18    application or renewal application for an agent
19    identification card submitted under this Act, and approve
20    or deny an application within 30 days of receiving a
21    completed initial application or renewal application and
22    all supporting documentation required by rule;
23        (3) issue an agent identification card to a qualifying
24    agent within 15 business days of approving the initial
25    application or renewal application;

 

 

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1        (4) enter the license number of the cultivation center
2    where the agent works; and
3        (5) allow for an electronic initial application and
4    renewal application process, and provide a confirmation by
5    electronic or other methods that an application has been
6    submitted. The Department of Agriculture may by rule
7    require prospective agents to file their applications by
8    electronic means and provide notices to the agents by
9    electronic means.
10    (b) An agent must keep his or her identification card
11visible at all times when on the property of the cultivation
12center at which the agent is employed.
13    (c) The agent identification cards shall contain the
14following:
15        (1) the name of the cardholder;
16        (2) the date of issuance and expiration date of the
17    identification card;
18        (3) a random 10-digit alphanumeric identification
19    number containing at least 4 numbers and at least 4
20    letters that is unique to the holder;
21        (4) a photograph of the cardholder; and
22        (5) the legal name of the cultivation center employing
23    the agent.
24    (d) An agent identification card shall be immediately
25returned to the cultivation center of the agent upon
26termination of his or her employment.

 

 

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1    (e) Any agent identification card lost by a cultivation
2center agent shall be reported to the Illinois Department of
3State Police and the Department of Agriculture immediately
4upon discovery of the loss.
5    (f) The Department of Agriculture shall not issue an agent
6identification card if the applicant is delinquent in filing
7any required tax returns or paying any amounts owed to the
8State of Illinois.
9(Source: P.A. 101-27, eff. 6-25-19.)
 
10    (410 ILCS 705/20-40)
11    Sec. 20-40. Cultivation center background checks.
12    (a) Through the Illinois Department of State Police, the
13Department of Agriculture shall conduct a background check of
14the prospective principal officers, board members, and agents
15of a cultivation center applying for a license or
16identification card under this Act. The Illinois Department of
17State Police shall charge a fee set by rule for conducting the
18criminal history record check, which shall be deposited into
19the State Police Services Fund and shall not exceed the actual
20cost of the record check. In order to carry out this provision,
21each cultivation center prospective principal officer, board
22member, or agent shall submit a full set of fingerprints to the
23Illinois Department of State Police for the purpose of
24obtaining a State and federal criminal records check. These
25fingerprints shall be checked against the fingerprint records

 

 

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1now and hereafter, to the extent allowed by law, filed in the
2Illinois Department of State Police and Federal Bureau of
3Investigation criminal history records databases. The Illinois
4Department of State Police shall furnish, following positive
5identification, all conviction information to the Department
6of Agriculture.
7    (b) When applying for the initial license or
8identification card, the background checks for all prospective
9principal officers, board members, and agents shall be
10completed before submitting the application to the licensing
11or issuing agency.
12(Source: P.A. 101-27, eff. 6-25-19.)
 
13    (410 ILCS 705/25-30)
14    (Section scheduled to be repealed on July 1, 2026)
15    Sec. 25-30. Inspection rights.
16    (a) A licensee's enclosed, locked facilities are subject
17to random inspections by the Department and the Illinois
18Department of State Police.
19    (b) Nothing in this Section shall be construed to give the
20Department or the Illinois Department of State Police a right
21of inspection or access to any location on the licensee's
22premises beyond the facilities licensed under this Article.
23(Source: P.A. 101-27, eff. 6-25-19.)
 
24    (410 ILCS 705/25-35)

 

 

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1    (Section scheduled to be repealed on July 1, 2026)
2    Sec. 25-35. Community College Cannabis Vocational Training
3Pilot Program faculty participant agent identification card.
4    (a) The Department shall:
5        (1) establish by rule the information required in an
6    initial application or renewal application for an agent
7    identification card submitted under this Article and the
8    nonrefundable fee to accompany the initial application or
9    renewal application;
10        (2) verify the information contained in an initial
11    application or renewal application for an agent
12    identification card submitted under this Article, and
13    approve or deny an application within 30 days of receiving
14    a completed initial application or renewal application and
15    all supporting documentation required by rule;
16        (3) issue an agent identification card to a qualifying
17    agent within 15 business days of approving the initial
18    application or renewal application;
19        (4) enter the license number of the community college
20    where the agent works; and
21        (5) allow for an electronic initial application and
22    renewal application process, and provide a confirmation by
23    electronic or other methods that an application has been
24    submitted. Each Department may by rule require prospective
25    agents to file their applications by electronic means and
26    to provide notices to the agents by electronic means.

 

 

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1    (b) An agent must keep his or her identification card
2visible at all times when in the enclosed, locked facility, or
3facilities for which he or she is an agent.
4    (c) The agent identification cards shall contain the
5following:
6        (1) the name of the cardholder;
7        (2) the date of issuance and expiration date of the
8    identification card;
9        (3) a random 10-digit alphanumeric identification
10    number containing at least 4 numbers and at least 4
11    letters that is unique to the holder;
12        (4) a photograph of the cardholder; and
13        (5) the legal name of the community college employing
14    the agent.
15    (d) An agent identification card shall be immediately
16returned to the community college of the agent upon
17termination of his or her employment.
18    (e) Any agent identification card lost shall be reported
19to the Illinois Department of State Police and the Department
20of Agriculture immediately upon discovery of the loss.
21(Source: P.A. 101-27, eff. 6-25-19.)
 
22    (410 ILCS 705/30-10)
23    Sec. 30-10. Application.
24    (a) When applying for a license, the applicant shall
25electronically submit the following in such form as the

 

 

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1Department of Agriculture may direct:
2        (1) the nonrefundable application fee of $5,000 to be
3    deposited into the Cannabis Regulation Fund, or another
4    amount as the Department of Agriculture may set by rule
5    after January 1, 2021;
6        (2) the legal name of the craft grower;
7        (3) the proposed physical address of the craft grower;
8        (4) the name, address, social security number, and
9    date of birth of each principal officer and board member
10    of the craft grower; each principal officer and board
11    member shall be at least 21 years of age;
12        (5) the details of any administrative or judicial
13    proceeding in which any of the principal officers or board
14    members of the craft grower (i) pled guilty, were
15    convicted, were fined, or had a registration or license
16    suspended or revoked or (ii) managed or served on the
17    board of a business or non-profit organization that pled
18    guilty, was convicted, was fined, or had a registration or
19    license suspended or revoked;
20        (6) proposed operating bylaws that include procedures
21    for the oversight of the craft grower, including the
22    development and implementation of a plant monitoring
23    system, accurate recordkeeping, staffing plan, and
24    security plan approved by the Illinois Department of State
25    Police that are in accordance with the rules issued by the
26    Department of Agriculture under this Act; a physical

 

 

SB2037- 1270 -LRB102 17120 WGH 22551 b

1    inventory shall be performed of all plants and on a weekly
2    basis by the craft grower;
3        (7) verification from the Illinois Department of State
4    Police that all background checks of the prospective
5    principal officers, board members, and agents of the
6    cannabis business establishment have been conducted;
7        (8) a copy of the current local zoning ordinance or
8    permit and verification that the proposed craft grower is
9    in compliance with the local zoning rules and distance
10    limitations established by the local jurisdiction;
11        (9) proposed employment practices, in which the
12    applicant must demonstrate a plan of action to inform,
13    hire, and educate minorities, women, veterans, and persons
14    with disabilities, engage in fair labor practices, and
15    provide worker protections;
16        (10) whether an applicant can demonstrate experience
17    in or business practices that promote economic empowerment
18    in Disproportionately Impacted Areas;
19        (11) experience with the cultivation of agricultural
20    or horticultural products, operating an agriculturally
21    related business, or operating a horticultural business;
22        (12) a description of the enclosed, locked facility
23    where cannabis will be grown, harvested, manufactured,
24    packaged, or otherwise prepared for distribution to a
25    dispensing organization or other cannabis business
26    establishment;

 

 

SB2037- 1271 -LRB102 17120 WGH 22551 b

1        (13) a survey of the enclosed, locked facility,
2    including the space used for cultivation;
3        (14) cultivation, processing, inventory, and packaging
4    plans;
5        (15) a description of the applicant's experience with
6    agricultural cultivation techniques and industry
7    standards;
8        (16) a list of any academic degrees, certifications,
9    or relevant experience of all prospective principal
10    officers, board members, and agents of the related
11    business;
12        (17) the identity of every person having a financial
13    or voting interest of 5% or greater in the craft grower
14    operation, whether a trust, corporation, partnership,
15    limited liability company, or sole proprietorship,
16    including the name and address of each person;
17        (18) a plan describing how the craft grower will
18    address each of the following:
19            (i) energy needs, including estimates of monthly
20        electricity and gas usage, to what extent it will
21        procure energy from a local utility or from on-site
22        generation, and if it has or will adopt a sustainable
23        energy use and energy conservation policy;
24            (ii) water needs, including estimated water draw
25        and if it has or will adopt a sustainable water use and
26        water conservation policy; and

 

 

SB2037- 1272 -LRB102 17120 WGH 22551 b

1            (iii) waste management, including if it has or
2        will adopt a waste reduction policy;
3        (19) a recycling plan:
4            (A) Purchaser packaging, including cartridges,
5        shall be accepted by the applicant and recycled.
6            (B) Any recyclable waste generated by the craft
7        grower facility shall be recycled per applicable State
8        and local laws, ordinances, and rules.
9            (C) Any cannabis waste, liquid waste, or hazardous
10        waste shall be disposed of in accordance with 8 Ill.
11        Adm. Code 1000.460, except, to the greatest extent
12        feasible, all cannabis plant waste will be rendered
13        unusable by grinding and incorporating the cannabis
14        plant waste with compostable mixed waste to be
15        disposed of in accordance with 8 Ill. Adm. Code
16        1000.460(g)(1);
17        (20) a commitment to comply with local waste
18    provisions: a craft grower facility must remain in
19    compliance with applicable State and federal environmental
20    requirements, including, but not limited to:
21            (A) storing, securing, and managing all
22        recyclables and waste, including organic waste
23        composed of or containing finished cannabis and
24        cannabis products, in accordance with applicable State
25        and local laws, ordinances, and rules; and
26            (B) disposing liquid waste containing cannabis or

 

 

SB2037- 1273 -LRB102 17120 WGH 22551 b

1        byproducts of cannabis processing in compliance with
2        all applicable State and federal requirements,
3        including, but not limited to, the cannabis
4        cultivation facility's permits under Title X of the
5        Environmental Protection Act;
6        (21) a commitment to a technology standard for
7    resource efficiency of the craft grower facility.
8            (A) A craft grower facility commits to use
9        resources efficiently, including energy and water. For
10        the following, a cannabis cultivation facility commits
11        to meet or exceed the technology standard identified
12        in paragraphs (i), (ii), (iii), and (iv), which may be
13        modified by rule:
14                (i) lighting systems, including light bulbs;
15                (ii) HVAC system;
16                (iii) water application system to the crop;
17            and
18                (iv) filtration system for removing
19            contaminants from wastewater.
20            (B) Lighting. The Lighting Power Densities (LPD)
21        for cultivation space commits to not exceed an average
22        of 36 watts per gross square foot of active and growing
23        space canopy, or all installed lighting technology
24        shall meet a photosynthetic photon efficacy (PPE) of
25        no less than 2.2 micromoles per joule fixture and
26        shall be featured on the DesignLights Consortium (DLC)

 

 

SB2037- 1274 -LRB102 17120 WGH 22551 b

1        Horticultural Specification Qualified Products List
2        (QPL). In the event that DLC requirement for minimum
3        efficacy exceeds 2.2 micromoles per joule fixture,
4        that PPE shall become the new standard.
5            (C) HVAC.
6                (i) For cannabis grow operations with less
7            than 6,000 square feet of canopy, the licensee
8            commits that all HVAC units will be
9            high-efficiency ductless split HVAC units, or
10            other more energy efficient equipment.
11                (ii) For cannabis grow operations with 6,000
12            square feet of canopy or more, the licensee
13            commits that all HVAC units will be variable
14            refrigerant flow HVAC units, or other more energy
15            efficient equipment.
16            (D) Water application.
17                (i) The craft grower facility commits to use
18            automated watering systems, including, but not
19            limited to, drip irrigation and flood tables, to
20            irrigate cannabis crop.
21                (ii) The craft grower facility commits to
22            measure runoff from watering events and report
23            this volume in its water usage plan, and that on
24            average, watering events shall have no more than
25            20% of runoff of water.
26            (E) Filtration. The craft grower commits that HVAC

 

 

SB2037- 1275 -LRB102 17120 WGH 22551 b

1        condensate, dehumidification water, excess runoff, and
2        other wastewater produced by the craft grower facility
3        shall be captured and filtered to the best of the
4        facility's ability to achieve the quality needed to be
5        reused in subsequent watering rounds.
6            (F) Reporting energy use and efficiency as
7        required by rule; and
8        (22) any other information required by rule.
9    (b) Applicants must submit all required information,
10including the information required in Section 30-15, to the
11Department of Agriculture. Failure by an applicant to submit
12all required information may result in the application being
13disqualified.
14    (c) If the Department of Agriculture receives an
15application with missing information, the Department of
16Agriculture may issue a deficiency notice to the applicant.
17The applicant shall have 10 calendar days from the date of the
18deficiency notice to resubmit the incomplete information.
19Applications that are still incomplete after this opportunity
20to cure will not be scored and will be disqualified.
21(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
22    (410 ILCS 705/30-30)
23    Sec. 30-30. Craft grower requirements; prohibitions.
24    (a) The operating documents of a craft grower shall
25include procedures for the oversight of the craft grower, a

 

 

SB2037- 1276 -LRB102 17120 WGH 22551 b

1cannabis plant monitoring system including a physical
2inventory recorded weekly, accurate recordkeeping, and a
3staffing plan.
4    (b) A craft grower shall implement a security plan
5reviewed by the Illinois Department of State Police that
6includes, but is not limited to: facility access controls,
7perimeter intrusion detection systems, personnel
8identification systems, and a 24-hour surveillance system to
9monitor the interior and exterior of the craft grower facility
10and that is accessible to authorized law enforcement and the
11Department of Agriculture in real time.
12    (c) All cultivation of cannabis by a craft grower must
13take place in an enclosed, locked facility at the physical
14address provided to the Department of Agriculture during the
15licensing process. The craft grower location shall only be
16accessed by the agents working for the craft grower, the
17Department of Agriculture staff performing inspections, the
18Department of Public Health staff performing inspections,
19State and local law enforcement or other emergency personnel,
20contractors working on jobs unrelated to cannabis, such as
21installing or maintaining security devices or performing
22electrical wiring, transporting organization agents as
23provided in this Act, or participants in the incubator
24program, individuals in a mentoring or educational program
25approved by the State, or other individuals as provided by
26rule. However, if a craft grower shares a premises with an

 

 

SB2037- 1277 -LRB102 17120 WGH 22551 b

1infuser or dispensing organization, agents from those other
2licensees may access the craft grower portion of the premises
3if that is the location of common bathrooms, lunchrooms,
4locker rooms, or other areas of the building where work or
5cultivation of cannabis is not performed. At no time may an
6infuser or dispensing organization agent perform work at a
7craft grower without being a registered agent of the craft
8grower.
9    (d) A craft grower may not sell or distribute any cannabis
10to any person other than a cultivation center, a craft grower,
11an infuser organization, a dispensing organization, or as
12otherwise authorized by rule.
13    (e) A craft grower may not be located in an area zoned for
14residential use.
15    (f) A craft grower may not either directly or indirectly
16discriminate in price between different cannabis business
17establishments that are purchasing a like grade, strain,
18brand, and quality of cannabis or cannabis-infused product.
19Nothing in this subsection (f) prevents a craft grower from
20pricing cannabis differently based on differences in the cost
21of manufacturing or processing, the quantities sold, such as
22volume discounts, or the way the products are delivered.
23    (g) All cannabis harvested by a craft grower and intended
24for distribution to a dispensing organization must be entered
25into a data collection system, packaged and labeled under
26Section 55-21, and, if distribution is to a dispensing

 

 

SB2037- 1278 -LRB102 17120 WGH 22551 b

1organization that does not share a premises with the
2dispensing organization receiving the cannabis, placed into a
3cannabis container for transport. All cannabis harvested by a
4craft grower and intended for distribution to a cultivation
5center, to an infuser organization, or to a craft grower with
6which it does not share a premises, must be packaged in a
7labeled cannabis container and entered into a data collection
8system before transport.
9    (h) Craft growers are subject to random inspections by the
10Department of Agriculture, local safety or health inspectors,
11and the Illinois Department of State Police.
12    (i) A craft grower agent shall notify local law
13enforcement, the Illinois Department of State Police, and the
14Department of Agriculture within 24 hours of the discovery of
15any loss or theft. Notification shall be made by phone, in
16person, or written or electronic communication.
17    (j) A craft grower shall comply with all State and any
18applicable federal rules and regulations regarding the use of
19pesticides.
20    (k) A craft grower or craft grower agent shall not
21transport cannabis or cannabis-infused products to any other
22cannabis business establishment without a transport
23organization license unless:
24        (i) If the craft grower is located in a county with a
25    population of 3,000,000 or more, the cannabis business
26    establishment receiving the cannabis is within 2,000 feet

 

 

SB2037- 1279 -LRB102 17120 WGH 22551 b

1    of the property line of the craft grower;
2        (ii) If the craft grower is located in a county with a
3    population of more than 700,000 but fewer than 3,000,000,
4    the cannabis business establishment receiving the cannabis
5    is within 2 miles of the craft grower; or
6        (iii) If the craft grower is located in a county with a
7    population of fewer than 700,000, the cannabis business
8    establishment receiving the cannabis is within 15 miles of
9    the craft grower.
10    (l) A craft grower may enter into a contract with a
11transporting organization to transport cannabis to a
12cultivation center, a craft grower, an infuser organization, a
13dispensing organization, or a laboratory.
14    (m) No person or entity shall hold any legal, equitable,
15ownership, or beneficial interest, directly or indirectly, of
16more than 3 craft grower licenses. Further, no person or
17entity that is employed by, an agent of, or has a contract to
18receive payment from or participate in the management of a
19craft grower, is a principal officer of a craft grower, or
20entity controlled by or affiliated with a principal officer of
21a craft grower shall hold any legal, equitable, ownership, or
22beneficial interest, directly or indirectly, in a craft grower
23license that would result in the person or entity owning or
24controlling in combination with any craft grower, principal
25officer of a craft grower, or entity controlled or affiliated
26with a principal officer of a craft grower by which he, she, or

 

 

SB2037- 1280 -LRB102 17120 WGH 22551 b

1it is employed, is an agent of, or participates in the
2management of more than 3 craft grower licenses.
3    (n) It is unlawful for any person having a craft grower
4license or any officer, associate, member, representative, or
5agent of the licensee to offer or deliver money, or anything
6else of value, directly or indirectly, to any person having an
7Early Approval Adult Use Dispensing Organization License, a
8Conditional Adult Use Dispensing Organization License, an
9Adult Use Dispensing Organization License, or a medical
10cannabis dispensing organization license issued under the
11Compassionate Use of Medical Cannabis Program Act, or to any
12person connected with or in any way representing, or to any
13member of the family of, the person holding an Early Approval
14Adult Use Dispensing Organization License, a Conditional Adult
15Use Dispensing Organization License, an Adult Use Dispensing
16Organization License, or a medical cannabis dispensing
17organization license issued under the Compassionate Use of
18Medical Cannabis Program Act, or to any stockholders in any
19corporation engaged in the retail sale of cannabis, or to any
20officer, manager, agent, or representative of the Early
21Approval Adult Use Dispensing Organization License, a
22Conditional Adult Use Dispensing Organization License, an
23Adult Use Dispensing Organization License, or a medical
24cannabis dispensing organization license issued under the
25Compassionate Use of Medical Cannabis Program Act to obtain
26preferential placement within the dispensing organization,

 

 

SB2037- 1281 -LRB102 17120 WGH 22551 b

1including, without limitation, on shelves and in display cases
2where purchasers can view products, or on the dispensing
3organization's website.
4    (o) A craft grower shall not be located within 1,500 feet
5of another craft grower or a cultivation center.
6    (p) A craft grower may process cannabis, cannabis
7concentrates, and cannabis-infused products.
8    (q) A craft grower must comply with any other requirements
9or prohibitions set by administrative rule of the Department
10of Agriculture.
11(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
12    (410 ILCS 705/30-35)
13    Sec. 30-35. Craft grower agent identification card.
14    (a) The Department of Agriculture shall:
15        (1) establish by rule the information required in an
16    initial application or renewal application for an agent
17    identification card submitted under this Act and the
18    nonrefundable fee to accompany the initial application or
19    renewal application;
20        (2) verify the information contained in an initial
21    application or renewal application for an agent
22    identification card submitted under this Act and approve
23    or deny an application within 30 days of receiving a
24    completed initial application or renewal application and
25    all supporting documentation required by rule;

 

 

SB2037- 1282 -LRB102 17120 WGH 22551 b

1        (3) issue an agent identification card to a qualifying
2    agent within 15 business days of approving the initial
3    application or renewal application;
4        (4) enter the license number of the craft grower where
5    the agent works; and
6        (5) allow for an electronic initial application and
7    renewal application process, and provide a confirmation by
8    electronic or other methods that an application has been
9    submitted. The Department of Agriculture may by rule
10    require prospective agents to file their applications by
11    electronic means and provide notices to the agents by
12    electronic means.
13    (b) An agent must keep his or her identification card
14visible at all times when on the property of a cannabis
15business establishment, including the craft grower
16organization for which he or she is an agent.
17    (c) The agent identification cards shall contain the
18following:
19        (1) the name of the cardholder;
20        (2) the date of issuance and expiration date of the
21    identification card;
22        (3) a random 10-digit alphanumeric identification
23    number containing at least 4 numbers and at least 4
24    letters that is unique to the holder;
25        (4) a photograph of the cardholder; and
26        (5) the legal name of the craft grower organization

 

 

SB2037- 1283 -LRB102 17120 WGH 22551 b

1    employing the agent.
2    (d) An agent identification card shall be immediately
3returned to the cannabis business establishment of the agent
4upon termination of his or her employment.
5    (e) Any agent identification card lost by a craft grower
6agent shall be reported to the Illinois Department of State
7Police and the Department of Agriculture immediately upon
8discovery of the loss.
9(Source: P.A. 101-27, eff. 6-25-19.)
 
10    (410 ILCS 705/30-40)
11    Sec. 30-40. Craft grower background checks.
12    (a) Through the Illinois Department of State Police, the
13Department of Agriculture shall conduct a background check of
14the prospective principal officers, board members, and agents
15of a craft grower applying for a license or identification
16card under this Act. The Illinois Department of State Police
17shall charge a fee set by rule for conducting the criminal
18history record check, which shall be deposited into the State
19Police Services Fund and shall not exceed the actual cost of
20the record check. In order to carry out this Section, each
21craft grower organization's prospective principal officer,
22board member, or agent shall submit a full set of fingerprints
23to the Illinois Department of State Police for the purpose of
24obtaining a State and federal criminal records check. These
25fingerprints shall be checked against the fingerprint records

 

 

SB2037- 1284 -LRB102 17120 WGH 22551 b

1now and hereafter, to the extent allowed by law, filed in the
2Illinois Department of State Police and Federal Bureau of
3Investigation criminal history records databases. The Illinois
4Department of State Police shall furnish, following positive
5identification, all conviction information to the Department
6of Agriculture.
7    (b) When applying for the initial license or
8identification card, the background checks for all prospective
9principal officers, board members, and agents shall be
10completed before submitting the application to the licensing
11or issuing agency.
12(Source: P.A. 101-27, eff. 6-25-19.)
 
13    (410 ILCS 705/35-10)
14    Sec. 35-10. Application.
15    (a) When applying for a license, the applicant shall
16electronically submit the following in such form as the
17Department of Agriculture may direct:
18        (1) the nonrefundable application fee of $5,000 or,
19    after January 1, 2021, another amount as set by rule by the
20    Department of Agriculture, to be deposited into the
21    Cannabis Regulation Fund;
22        (2) the legal name of the infuser;
23        (3) the proposed physical address of the infuser;
24        (4) the name, address, social security number, and
25    date of birth of each principal officer and board member

 

 

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1    of the infuser; each principal officer and board member
2    shall be at least 21 years of age;
3        (5) the details of any administrative or judicial
4    proceeding in which any of the principal officers or board
5    members of the infuser (i) pled guilty, were convicted,
6    fined, or had a registration or license suspended or
7    revoked, or (ii) managed or served on the board of a
8    business or non-profit organization that pled guilty, was
9    convicted, fined, or had a registration or license
10    suspended or revoked;
11        (6) proposed operating bylaws that include procedures
12    for the oversight of the infuser, including the
13    development and implementation of a plant monitoring
14    system, accurate recordkeeping, staffing plan, and
15    security plan approved by the Illinois Department of State
16    Police that are in accordance with the rules issued by the
17    Department of Agriculture under this Act; a physical
18    inventory of all cannabis shall be performed on a weekly
19    basis by the infuser;
20        (7) verification from the Illinois Department of State
21    Police that all background checks of the prospective
22    principal officers, board members, and agents of the
23    infuser organization have been conducted;
24        (8) a copy of the current local zoning ordinance and
25    verification that the proposed infuser is in compliance
26    with the local zoning rules and distance limitations

 

 

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1    established by the local jurisdiction;
2        (9) proposed employment practices, in which the
3    applicant must demonstrate a plan of action to inform,
4    hire, and educate minorities, women, veterans, and persons
5    with disabilities, engage in fair labor practices, and
6    provide worker protections;
7        (10) whether an applicant can demonstrate experience
8    in or business practices that promote economic empowerment
9    in Disproportionately Impacted Areas;
10        (11) experience with infusing products with cannabis
11    concentrate;
12        (12) a description of the enclosed, locked facility
13    where cannabis will be infused, packaged, or otherwise
14    prepared for distribution to a dispensing organization or
15    other infuser;
16        (13) processing, inventory, and packaging plans;
17        (14) a description of the applicant's experience with
18    operating a commercial kitchen or laboratory preparing
19    products for human consumption;
20        (15) a list of any academic degrees, certifications,
21    or relevant experience of all prospective principal
22    officers, board members, and agents of the related
23    business;
24        (16) the identity of every person having a financial
25    or voting interest of 5% or greater in the infuser
26    operation with respect to which the license is sought,

 

 

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1    whether a trust, corporation, partnership, limited
2    liability company, or sole proprietorship, including the
3    name and address of each person;
4        (17) a plan describing how the infuser will address
5    each of the following:
6            (i) energy needs, including estimates of monthly
7        electricity and gas usage, to what extent it will
8        procure energy from a local utility or from on-site
9        generation, and if it has or will adopt a sustainable
10        energy use and energy conservation policy;
11            (ii) water needs, including estimated water draw,
12        and if it has or will adopt a sustainable water use and
13        water conservation policy; and
14            (iii) waste management, including if it has or
15        will adopt a waste reduction policy;
16        (18) a recycling plan:
17            (A) a commitment that any recyclable waste
18        generated by the infuser shall be recycled per
19        applicable State and local laws, ordinances, and
20        rules; and
21            (B) a commitment to comply with local waste
22        provisions. An infuser commits to remain in compliance
23        with applicable State and federal environmental
24        requirements, including, but not limited to, storing,
25        securing, and managing all recyclables and waste,
26        including organic waste composed of or containing

 

 

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1        finished cannabis and cannabis products, in accordance
2        with applicable State and local laws, ordinances, and
3        rules; and
4        (19) any other information required by rule.
5    (b) Applicants must submit all required information,
6including the information required in Section 35-15, to the
7Department of Agriculture. Failure by an applicant to submit
8all required information may result in the application being
9disqualified.
10    (c) If the Department of Agriculture receives an
11application with missing information, the Department of
12Agriculture may issue a deficiency notice to the applicant.
13The applicant shall have 10 calendar days from the date of the
14deficiency notice to resubmit the incomplete information.
15Applications that are still incomplete after this opportunity
16to cure will not be scored and will be disqualified.
17(Source: P.A. 101-27, eff. 6-25-19.)
 
18    (410 ILCS 705/35-25)
19    Sec. 35-25. Infuser organization requirements;
20prohibitions.
21    (a) The operating documents of an infuser shall include
22procedures for the oversight of the infuser, an inventory
23monitoring system including a physical inventory recorded
24weekly, accurate recordkeeping, and a staffing plan.
25    (b) An infuser shall implement a security plan reviewed by

 

 

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1the Illinois Department of State Police that includes, but is
2not limited to: facility access controls, perimeter intrusion
3detection systems, personnel identification systems, and a
424-hour surveillance system to monitor the interior and
5exterior of the infuser facility and that is accessible to
6authorized law enforcement, the Department of Public Health,
7and the Department of Agriculture in real time.
8    (c) All processing of cannabis by an infuser must take
9place in an enclosed, locked facility at the physical address
10provided to the Department of Agriculture during the licensing
11process. The infuser location shall only be accessed by the
12agents working for the infuser, the Department of Agriculture
13staff performing inspections, the Department of Public Health
14staff performing inspections, State and local law enforcement
15or other emergency personnel, contractors working on jobs
16unrelated to cannabis, such as installing or maintaining
17security devices or performing electrical wiring, transporting
18organization agents as provided in this Act, participants in
19the incubator program, individuals in a mentoring or
20educational program approved by the State, local safety or
21health inspectors, or other individuals as provided by rule.
22However, if an infuser shares a premises with a craft grower or
23dispensing organization, agents from these other licensees may
24access the infuser portion of the premises if that is the
25location of common bathrooms, lunchrooms, locker rooms, or
26other areas of the building where processing of cannabis is

 

 

SB2037- 1290 -LRB102 17120 WGH 22551 b

1not performed. At no time may a craft grower or dispensing
2organization agent perform work at an infuser without being a
3registered agent of the infuser.
4    (d) An infuser may not sell or distribute any cannabis to
5any person other than a dispensing organization, or as
6otherwise authorized by rule.
7    (e) An infuser may not either directly or indirectly
8discriminate in price between different cannabis business
9establishments that are purchasing a like grade, strain,
10brand, and quality of cannabis or cannabis-infused product.
11Nothing in this subsection (e) prevents an infuser from
12pricing cannabis differently based on differences in the cost
13of manufacturing or processing, the quantities sold, such
14volume discounts, or the way the products are delivered.
15    (f) All cannabis infused by an infuser and intended for
16distribution to a dispensing organization must be entered into
17a data collection system, packaged and labeled under Section
1855-21, and, if distribution is to a dispensing organization
19that does not share a premises with the infuser, placed into a
20cannabis container for transport. All cannabis produced by an
21infuser and intended for distribution to a cultivation center,
22infuser organization, or craft grower with which it does not
23share a premises, must be packaged in a labeled cannabis
24container and entered into a data collection system before
25transport.
26    (g) Infusers are subject to random inspections by the

 

 

SB2037- 1291 -LRB102 17120 WGH 22551 b

1Department of Agriculture, the Department of Public Health,
2the Illinois Department of State Police, and local law
3enforcement.
4    (h) An infuser agent shall notify local law enforcement,
5the Illinois Department of State Police, and the Department of
6Agriculture within 24 hours of the discovery of any loss or
7theft. Notification shall be made by phone, in person, or by
8written or electronic communication.
9    (i) An infuser organization may not be located in an area
10zoned for residential use.
11    (j) An infuser or infuser agent shall not transport
12cannabis or cannabis-infused products to any other cannabis
13business establishment without a transport organization
14license unless:
15        (i) If the infuser is located in a county with a
16    population of 3,000,000 or more, the cannabis business
17    establishment receiving the cannabis or cannabis-infused
18    product is within 2,000 feet of the property line of the
19    infuser;
20        (ii) If the infuser is located in a county with a
21    population of more than 700,000 but fewer than 3,000,000,
22    the cannabis business establishment receiving the cannabis
23    or cannabis-infused product is within 2 miles of the
24    infuser; or
25        (iii) If the infuser is located in a county with a
26    population of fewer than 700,000, the cannabis business

 

 

SB2037- 1292 -LRB102 17120 WGH 22551 b

1    establishment receiving the cannabis or cannabis-infused
2    product is within 15 miles of the infuser.
3    (k) An infuser may enter into a contract with a
4transporting organization to transport cannabis to a
5dispensing organization or a laboratory.
6    (l) An infuser organization may share premises with a
7craft grower or a dispensing organization, or both, provided
8each licensee stores currency and cannabis or cannabis-infused
9products in a separate secured vault to which the other
10licensee does not have access or all licensees sharing a vault
11share more than 50% of the same ownership.
12    (m) It is unlawful for any person or entity having an
13infuser organization license or any officer, associate,
14member, representative or agent of such licensee to offer or
15deliver money, or anything else of value, directly or
16indirectly to any person having an Early Approval Adult Use
17Dispensing Organization License, a Conditional Adult Use
18Dispensing Organization License, an Adult Use Dispensing
19Organization License, or a medical cannabis dispensing
20organization license issued under the Compassionate Use of
21Medical Cannabis Program Act, or to any person connected with
22or in any way representing, or to any member of the family of,
23such person holding an Early Approval Adult Use Dispensing
24Organization License, a Conditional Adult Use Dispensing
25Organization License, an Adult Use Dispensing Organization
26License, or a medical cannabis dispensing organization license

 

 

SB2037- 1293 -LRB102 17120 WGH 22551 b

1issued under the Compassionate Use of Medical Cannabis Program
2Act, or to any stockholders in any corporation engaged the
3retail sales of cannabis, or to any officer, manager, agent,
4or representative of the Early Approval Adult Use Dispensing
5Organization License, a Conditional Adult Use Dispensing
6Organization License, an Adult Use Dispensing Organization
7License, or a medical cannabis dispensing organization license
8issued under the Compassionate Use of Medical Cannabis Program
9Act to obtain preferential placement within the dispensing
10organization, including, without limitation, on shelves and in
11display cases where purchasers can view products, or on the
12dispensing organization's website.
13    (n) At no time shall an infuser organization or an infuser
14agent perform the extraction of cannabis concentrate from
15cannabis flower.
16(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
17    (410 ILCS 705/35-30)
18    Sec. 35-30. Infuser agent identification card.
19    (a) The Department of Agriculture shall:
20        (1) establish by rule the information required in an
21    initial application or renewal application for an agent
22    identification card submitted under this Act and the
23    nonrefundable fee to accompany the initial application or
24    renewal application;
25        (2) verify the information contained in an initial

 

 

SB2037- 1294 -LRB102 17120 WGH 22551 b

1    application or renewal application for an agent
2    identification card submitted under this Act, and approve
3    or deny an application within 30 days of receiving a
4    completed initial application or renewal application and
5    all supporting documentation required by rule;
6        (3) issue an agent identification card to a qualifying
7    agent within 15 business days of approving the initial
8    application or renewal application;
9        (4) enter the license number of the infuser where the
10    agent works; and
11        (5) allow for an electronic initial application and
12    renewal application process, and provide a confirmation by
13    electronic or other methods that an application has been
14    submitted. The Department of Agriculture may by rule
15    require prospective agents to file their applications by
16    electronic means and provide notices to the agents by
17    electronic means.
18    (b) An agent must keep his or her identification card
19visible at all times when on the property of a cannabis
20business establishment including the cannabis business
21establishment for which he or she is an agent.
22    (c) The agent identification cards shall contain the
23following:
24        (1) the name of the cardholder;
25        (2) the date of issuance and expiration date of the
26    identification card;

 

 

SB2037- 1295 -LRB102 17120 WGH 22551 b

1        (3) a random 10-digit alphanumeric identification
2    number containing at least 4 numbers and at least 4
3    letters that is unique to the holder;
4        (4) a photograph of the cardholder; and
5        (5) the legal name of the infuser organization
6    employing the agent.
7    (d) An agent identification card shall be immediately
8returned to the infuser organization of the agent upon
9termination of his or her employment.
10    (e) Any agent identification card lost by a transporting
11agent shall be reported to the Illinois Department of State
12Police and the Department of Agriculture immediately upon
13discovery of the loss.
14(Source: P.A. 101-27, eff. 6-25-19.)
 
15    (410 ILCS 705/40-10)
16    Sec. 40-10. Application.
17    (a) When applying for a transporting organization license,
18the applicant shall submit the following in such form as the
19Department of Agriculture may direct:
20        (1) the nonrefundable application fee of $5,000 or,
21    after January 1, 2021, another amount as set by rule by the
22    Department of Agriculture, to be deposited into the
23    Cannabis Regulation Fund;
24        (2) the legal name of the transporting organization;
25        (3) the proposed physical address of the transporting

 

 

SB2037- 1296 -LRB102 17120 WGH 22551 b

1    organization, if one is proposed;
2        (4) the name, address, social security number, and
3    date of birth of each principal officer and board member
4    of the transporting organization; each principal officer
5    and board member shall be at least 21 years of age;
6        (5) the details of any administrative or judicial
7    proceeding in which any of the principal officers or board
8    members of the transporting organization (i) pled guilty,
9    were convicted, fined, or had a registration or license
10    suspended or revoked, or (ii) managed or served on the
11    board of a business or non-profit organization that pled
12    guilty, was convicted, fined, or had a registration or
13    license suspended or revoked;
14        (6) proposed operating bylaws that include procedures
15    for the oversight of the transporting organization,
16    including the development and implementation of an
17    accurate recordkeeping plan, staffing plan, and security
18    plan approved by the Illinois Department of State Police
19    that are in accordance with the rules issued by the
20    Department of Agriculture under this Act; a physical
21    inventory shall be performed of all cannabis on a weekly
22    basis by the transporting organization;
23        (7) verification from the Illinois Department of State
24    Police that all background checks of the prospective
25    principal officers, board members, and agents of the
26    transporting organization have been conducted;

 

 

SB2037- 1297 -LRB102 17120 WGH 22551 b

1        (8) a copy of the current local zoning ordinance or
2    permit and verification that the proposed transporting
3    organization is in compliance with the local zoning rules
4    and distance limitations established by the local
5    jurisdiction, if the transporting organization has a
6    business address;
7        (9) proposed employment practices, in which the
8    applicant must demonstrate a plan of action to inform,
9    hire, and educate minorities, women, veterans, and persons
10    with disabilities, engage in fair labor practices, and
11    provide worker protections;
12        (10) whether an applicant can demonstrate experience
13    in or business practices that promote economic empowerment
14    in Disproportionately Impacted Areas;
15        (11) the number and type of equipment the transporting
16    organization will use to transport cannabis and
17    cannabis-infused products;
18        (12) loading, transporting, and unloading plans;
19        (13) a description of the applicant's experience in
20    the distribution or security business;
21        (14) the identity of every person having a financial
22    or voting interest of 5% or more in the transporting
23    organization with respect to which the license is sought,
24    whether a trust, corporation, partnership, limited
25    liability company, or sole proprietorship, including the
26    name and address of each person; and

 

 

SB2037- 1298 -LRB102 17120 WGH 22551 b

1        (15) any other information required by rule.
2    (b) Applicants must submit all required information,
3including the information required in Section 40-35 to the
4Department. Failure by an applicant to submit all required
5information may result in the application being disqualified.
6    (c) If the Department receives an application with missing
7information, the Department of Agriculture may issue a
8deficiency notice to the applicant. The applicant shall have
910 calendar days from the date of the deficiency notice to
10resubmit the incomplete information. Applications that are
11still incomplete after this opportunity to cure will not be
12scored and will be disqualified.
13(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
14    (410 ILCS 705/40-25)
15    Sec. 40-25. Transporting organization requirements;
16prohibitions.
17    (a) The operating documents of a transporting organization
18shall include procedures for the oversight of the transporter,
19an inventory monitoring system including a physical inventory
20recorded weekly, accurate recordkeeping, and a staffing plan.
21    (b) A transporting organization may not transport cannabis
22or cannabis-infused products to any person other than a
23cultivation center, a craft grower, an infuser organization, a
24dispensing organization, a testing facility, or as otherwise
25authorized by rule.

 

 

SB2037- 1299 -LRB102 17120 WGH 22551 b

1    (c) All cannabis transported by a transporting
2organization must be entered into a data collection system and
3placed into a cannabis container for transport.
4    (d) Transporters are subject to random inspections by the
5Department of Agriculture, the Department of Public Health,
6and the Illinois Department of State Police.
7    (e) A transporting organization agent shall notify local
8law enforcement, the Illinois Department of State Police, and
9the Department of Agriculture within 24 hours of the discovery
10of any loss or theft. Notification shall be made by phone, in
11person, or by written or electronic communication.
12    (f) No person under the age of 21 years shall be in a
13commercial vehicle or trailer transporting cannabis goods.
14    (g) No person or individual who is not a transporting
15organization agent shall be in a vehicle while transporting
16cannabis goods.
17    (h) Transporters may not use commercial motor vehicles
18with a weight rating of over 10,001 pounds.
19    (i) It is unlawful for any person to offer or deliver
20money, or anything else of value, directly or indirectly, to
21any of the following persons to obtain preferential placement
22within the dispensing organization, including, without
23limitation, on shelves and in display cases where purchasers
24can view products, or on the dispensing organization's
25website:
26        (1) a person having a transporting organization

 

 

SB2037- 1300 -LRB102 17120 WGH 22551 b

1    license, or any officer, associate, member,
2    representative, or agent of the licensee;
3        (2) a person having an Early Applicant Adult Use
4    Dispensing Organization License, an Adult Use Dispensing
5    Organization License, or a medical cannabis dispensing
6    organization license issued under the Compassionate Use of
7    Medical Cannabis Program Act;
8        (3) a person connected with or in any way
9    representing, or a member of the family of, a person
10    holding an Early Applicant Adult Use Dispensing
11    Organization License, an Adult Use Dispensing Organization
12    License, or a medical cannabis dispensing organization
13    license issued under the Compassionate Use of Medical
14    Cannabis Program Act; or
15        (4) a stockholder, officer, manager, agent, or
16    representative of a corporation engaged in the retail sale
17    of cannabis, an Early Applicant Adult Use Dispensing
18    Organization License, an Adult Use Dispensing Organization
19    License, or a medical cannabis dispensing organization
20    license issued under the Compassionate Use of Medical
21    Cannabis Program Act.
22    (j) A transporting organization agent must keep his or her
23identification card visible at all times when on the property
24of a cannabis business establishment and during the
25transporting of cannabis when acting under his or her duties
26as a transportation organization agent. During these times,

 

 

SB2037- 1301 -LRB102 17120 WGH 22551 b

1the transporting organization agent must also provide the
2identification card upon request of any law enforcement
3officer engaged in his or her official duties.
4    (k) A copy of the transporting organization's registration
5and a manifest for the delivery shall be present in any vehicle
6transporting cannabis.
7    (l) Cannabis shall be transported so it is not visible or
8recognizable from outside the vehicle.
9    (m) A vehicle transporting cannabis must not bear any
10markings to indicate the vehicle contains cannabis or bear the
11name or logo of the cannabis business establishment.
12    (n) Cannabis must be transported in an enclosed, locked
13storage compartment that is secured or affixed to the vehicle.
14    (o) The Department of Agriculture may, by rule, impose any
15other requirements or prohibitions on the transportation of
16cannabis.
17(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
18    (410 ILCS 705/40-30)
19    Sec. 40-30. Transporting agent identification card.
20    (a) The Department of Agriculture shall:
21        (1) establish by rule the information required in an
22    initial application or renewal application for an agent
23    identification card submitted under this Act and the
24    nonrefundable fee to accompany the initial application or
25    renewal application;

 

 

SB2037- 1302 -LRB102 17120 WGH 22551 b

1        (2) verify the information contained in an initial
2    application or renewal application for an agent
3    identification card submitted under this Act and approve
4    or deny an application within 30 days of receiving a
5    completed initial application or renewal application and
6    all supporting documentation required by rule;
7        (3) issue an agent identification card to a qualifying
8    agent within 15 business days of approving the initial
9    application or renewal application;
10        (4) enter the license number of the transporting
11    organization where the agent works; and
12        (5) allow for an electronic initial application and
13    renewal application process, and provide a confirmation by
14    electronic or other methods that an application has been
15    submitted. The Department of Agriculture may by rule
16    require prospective agents to file their applications by
17    electronic means and provide notices to the agents by
18    electronic means.
19    (b) An agent must keep his or her identification card
20visible at all times when on the property of a cannabis
21business establishment, including the cannabis business
22establishment for which he or she is an agent.
23    (c) The agent identification cards shall contain the
24following:
25        (1) the name of the cardholder;
26        (2) the date of issuance and expiration date of the

 

 

SB2037- 1303 -LRB102 17120 WGH 22551 b

1    identification card;
2        (3) a random 10-digit alphanumeric identification
3    number containing at least 4 numbers and at least 4
4    letters that is unique to the holder;
5        (4) a photograph of the cardholder; and
6        (5) the legal name of the transporting organization
7    employing the agent.
8    (d) An agent identification card shall be immediately
9returned to the transporting organization of the agent upon
10termination of his or her employment.
11    (e) Any agent identification card lost by a transporting
12agent shall be reported to the Illinois Department of State
13Police and the Department of Agriculture immediately upon
14discovery of the loss.
15    (f) An application for an agent identification card shall
16be denied if the applicant is delinquent in filing any
17required tax returns or paying any amounts owed to the State of
18Illinois.
19(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
20    (410 ILCS 705/40-35)
21    Sec. 40-35. Transporting organization background checks.
22    (a) Through the Illinois Department of State Police, the
23Department of Agriculture shall conduct a background check of
24the prospective principal officers, board members, and agents
25of a transporter applying for a license or identification card

 

 

SB2037- 1304 -LRB102 17120 WGH 22551 b

1under this Act. The Illinois Department of State Police shall
2charge a fee set by rule for conducting the criminal history
3record check, which shall be deposited into the State Police
4Services Fund and shall not exceed the actual cost of the
5record check. In order to carry out this provision, each
6transporting organization's prospective principal officer,
7board member, or agent shall submit a full set of fingerprints
8to the Illinois Department of State Police for the purpose of
9obtaining a State and federal criminal records check. These
10fingerprints shall be checked against the fingerprint records
11now and hereafter, to the extent allowed by law, filed in the
12Illinois Department of State Police and Federal Bureau of
13Investigation criminal history records databases. The Illinois
14Department of State Police shall furnish, following positive
15identification, all conviction information to the Department
16of Agriculture.
17    (b) When applying for the initial license or
18identification card, the background checks for all prospective
19principal officers, board members, and agents shall be
20completed before submitting the application to the Department
21of Agriculture.
22(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
23    (410 ILCS 705/55-15)
24    Sec. 55-15. Destruction of cannabis.
25    (a) All cannabis byproduct, scrap, and harvested cannabis

 

 

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1not intended for distribution to a dispensing organization
2must be destroyed and disposed of under rules adopted by the
3Department of Agriculture under this Act. Documentation of
4destruction and disposal shall be retained at the cultivation
5center, craft grower, infuser organization, transporter, or
6testing facility as applicable for a period of not less than 5
7years.
8    (b) A cultivation center, craft grower, or infuser
9organization shall, before destruction, notify the Department
10of Agriculture and the Illinois Department of State Police. A
11dispensing organization shall, before destruction, notify the
12Department of Financial and Professional Regulation and the
13Illinois Department of State Police. The Department of
14Agriculture may by rule require that an employee of the
15Department of Agriculture or the Department of Financial and
16Professional Regulation be present during the destruction of
17any cannabis byproduct, scrap, and harvested cannabis, as
18applicable.
19    (c) The cultivation center, craft grower, infuser
20organization, or dispensing organization shall keep a record
21of the date of destruction and how much was destroyed.
22    (d) A dispensing organization shall destroy all cannabis,
23including cannabis-infused products, not sold to purchasers.
24Documentation of destruction and disposal shall be retained at
25the dispensing organization for a period of not less than 5
26years.

 

 

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1(Source: P.A. 101-27, eff. 6-25-19.)
 
2    (410 ILCS 705/55-30)
3    Sec. 55-30. Confidentiality.
4    (a) Information provided by the cannabis business
5establishment licensees or applicants to the Department of
6Agriculture, the Department of Public Health, the Department
7of Financial and Professional Regulation, the Department of
8Commerce and Economic Opportunity, or other agency shall be
9limited to information necessary for the purposes of
10administering this Act. The information is subject to the
11provisions and limitations contained in the Freedom of
12Information Act and may be disclosed in accordance with
13Section 55-65.
14    (b) The following information received and records kept by
15the Department of Agriculture, the Department of Public
16Health, the Illinois Department of State Police, and the
17Department of Financial and Professional Regulation for
18purposes of administering this Article are subject to all
19applicable federal privacy laws, are confidential and exempt
20from disclosure under the Freedom of Information Act, except
21as provided in this Act, and not subject to disclosure to any
22individual or public or private entity, except to the
23Department of Financial and Professional Regulation, the
24Department of Agriculture, the Department of Public Health,
25and the Illinois Department of State Police as necessary to

 

 

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1perform official duties under this Article and to the Attorney
2General as necessary to enforce the provisions of this Act.
3The following information received and kept by the Department
4of Financial and Professional Regulation or the Department of
5Agriculture may be disclosed to the Department of Public
6Health, the Department of Agriculture, the Department of
7Revenue, the Illinois Department of State Police, or the
8Attorney General upon proper request:
9        (1) Applications and renewals, their contents, and
10    supporting information submitted by or on behalf of
11    dispensing organizations in compliance with this Article,
12    including their physical addresses;
13        (2) Any plans, procedures, policies, or other records
14    relating to dispensing organization security; and
15        (3) Information otherwise exempt from disclosure by
16    State or federal law.
17    Illinois or national criminal history record information,
18or the nonexistence or lack of such information, may not be
19disclosed by the Department of Financial and Professional
20Regulation or the Department of Agriculture, except as
21necessary to the Attorney General to enforce this Act.
22    (c) The name and address of a dispensing organization
23licensed under this Act shall be subject to disclosure under
24the Freedom of Information Act. The name and cannabis business
25establishment address of the person or entity holding each
26cannabis business establishment license shall be subject to

 

 

SB2037- 1308 -LRB102 17120 WGH 22551 b

1disclosure.
2    (d) All information collected by the Department of
3Financial and Professional Regulation in the course of an
4examination, inspection, or investigation of a licensee or
5applicant, including, but not limited to, any complaint
6against a licensee or applicant filed with the Department and
7information collected to investigate any such complaint, shall
8be maintained for the confidential use of the Department and
9shall not be disclosed, except as otherwise provided in this
10Act. A formal complaint against a licensee by the Department
11or any disciplinary order issued by the Department against a
12licensee or applicant shall be a public record, except as
13otherwise provided by law. Complaints from consumers or
14members of the general public received regarding a specific,
15named licensee or complaints regarding conduct by unlicensed
16entities shall be subject to disclosure under the Freedom of
17Information Act.
18    (e) The Department of Agriculture, the Illinois Department
19of State Police, and the Department of Financial and
20Professional Regulation shall not share or disclose any
21Illinois or national criminal history record information, or
22the nonexistence or lack of such information, to any person or
23entity not expressly authorized by this Act.
24    (f) Each Department responsible for licensure under this
25Act shall publish on the Department's website a list of the
26ownership information of cannabis business establishment

 

 

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1licensees under the Department's jurisdiction. The list shall
2include, but is not limited to: the name of the person or
3entity holding each cannabis business establishment license;
4and the address at which the entity is operating under this
5Act. This list shall be published and updated monthly.
6(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
7    (410 ILCS 705/55-35)
8    Sec. 55-35. Administrative rulemaking.
9    (a) No later than 180 days after the effective date of this
10Act, the Department of Agriculture, the Illinois Department of
11State Police, the Department of Financial and Professional
12Regulation, the Department of Revenue, the Department of
13Commerce and Economic Opportunity, and the Treasurer's Office
14shall adopt permanent rules in accordance with their
15responsibilities under this Act. The Department of
16Agriculture, the Illinois Department of State Police, the
17Department of Financial and Professional Regulation, the
18Department of Revenue, and the Department of Commerce and
19Economic Opportunity may adopt rules necessary to regulate
20personal cannabis use through the use of emergency rulemaking
21in accordance with subsection (gg) of Section 5-45 of the
22Illinois Administrative Procedure Act. The General Assembly
23finds that the adoption of rules to regulate cannabis use is
24deemed an emergency and necessary for the public interest,
25safety, and welfare.

 

 

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1    (b) The Department of Agriculture rules may address, but
2are not limited to, the following matters related to
3cultivation centers, craft growers, infuser organizations, and
4transporting organizations with the goal of protecting against
5diversion and theft, without imposing an undue burden on the
6cultivation centers, craft growers, infuser organizations, or
7transporting organizations:
8        (1) oversight requirements for cultivation centers,
9    craft growers, infuser organizations, and transporting
10    organizations;
11        (2) recordkeeping requirements for cultivation
12    centers, craft growers, infuser organizations, and
13    transporting organizations;
14        (3) security requirements for cultivation centers,
15    craft growers, infuser organizations, and transporting
16    organizations, which shall include that each cultivation
17    center, craft grower, infuser organization, and
18    transporting organization location must be protected by a
19    fully operational security alarm system;
20        (4) standards for enclosed, locked facilities under
21    this Act;
22        (5) procedures for suspending or revoking the
23    identification cards of agents of cultivation centers,
24    craft growers, infuser organizations, and transporting
25    organizations that commit violations of this Act or the
26    rules adopted under this Section;

 

 

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1        (6) rules concerning the intrastate transportation of
2    cannabis from a cultivation center, craft grower, infuser
3    organization, and transporting organization to a
4    dispensing organization;
5        (7) standards concerning the testing, quality,
6    cultivation, and processing of cannabis; and
7        (8) any other matters under oversight by the
8    Department of Agriculture as are necessary for the fair,
9    impartial, stringent, and comprehensive administration of
10    this Act.
11    (c) The Department of Financial and Professional
12Regulation rules may address, but are not limited to, the
13following matters related to dispensing organizations, with
14the goal of protecting against diversion and theft, without
15imposing an undue burden on the dispensing organizations:
16        (1) oversight requirements for dispensing
17    organizations;
18        (2) recordkeeping requirements for dispensing
19    organizations;
20        (3) security requirements for dispensing
21    organizations, which shall include that each dispensing
22    organization location must be protected by a fully
23    operational security alarm system;
24        (4) procedures for suspending or revoking the licenses
25    of dispensing organization agents that commit violations
26    of this Act or the rules adopted under this Act;

 

 

SB2037- 1312 -LRB102 17120 WGH 22551 b

1        (5) any other matters under oversight by the
2    Department of Financial and Professional Regulation that
3    are necessary for the fair, impartial, stringent, and
4    comprehensive administration of this Act.
5    (d) The Department of Revenue rules may address, but are
6not limited to, the following matters related to the payment
7of taxes by cannabis business establishments:
8        (1) recording of sales;
9        (2) documentation of taxable income and expenses;
10        (3) transfer of funds for the payment of taxes; or
11        (4) any other matter under the oversight of the
12    Department of Revenue.
13    (e) The Department of Commerce and Economic Opportunity
14rules may address, but are not limited to, a loan program or
15grant program to assist Social Equity Applicants access the
16capital needed to start a cannabis business establishment. The
17names of recipients and the amounts of any moneys received
18through a loan program or grant program shall be a public
19record.
20    (f) The Illinois Department of State Police rules may
21address enforcement of its authority under this Act. The
22Illinois Department of State Police shall not make rules that
23infringe on the exclusive authority of the Department of
24Financial and Professional Regulation or the Department of
25Agriculture over licensees under this Act.
26    (g) The Department of Human Services shall develop and

 

 

SB2037- 1313 -LRB102 17120 WGH 22551 b

1disseminate:
2        (1) educational information about the health risks
3    associated with the use of cannabis; and
4        (2) one or more public education campaigns in
5    coordination with local health departments and community
6    organizations, including one or more prevention campaigns
7    directed at children, adolescents, parents, and pregnant
8    or breastfeeding women, to inform them of the potential
9    health risks associated with intentional or unintentional
10    cannabis use.
11(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
12    (410 ILCS 705/55-40)
13    Sec. 55-40. Enforcement.
14    (a) If the Department of Agriculture, Illinois Department
15of State Police, Department of Financial and Professional
16Regulation, Department of Commerce and Economic Opportunity,
17or Department of Revenue fails to adopt rules to implement
18this Act within the times provided in this Act, any citizen may
19commence a mandamus action in the circuit court to compel the
20agencies to perform the actions mandated under Section 55-35.
21    (b) If the Department of Agriculture or the Department of
22Financial and Professional Regulation fails to issue a valid
23agent identification card in response to a valid initial
24application or renewal application submitted under this Act or
25fails to issue a verbal or written notice of denial of the

 

 

SB2037- 1314 -LRB102 17120 WGH 22551 b

1application within 30 days of its submission, the agent
2identification card is deemed granted and a copy of the agent
3identification initial application or renewal application
4shall be deemed a valid agent identification card.
5    (c) Authorized employees of State or local law enforcement
6agencies shall immediately notify the Department of
7Agriculture and the Department of Financial and Professional
8Regulation when any person in possession of an agent
9identification card has been convicted of or pled guilty to
10violating this Act.
11(Source: P.A. 101-27, eff. 6-25-19.)
 
12    (410 ILCS 705/55-50)
13    Sec. 55-50. Petition for rehearing. Within 20 days after
14the service of any order or decision of the Department of
15Public Health, the Department of Agriculture, the Department
16of Financial and Professional Regulation, or the Illinois
17Department of State Police upon any party to the proceeding,
18the party may apply for a rehearing in respect to any matters
19determined by them under this Act, except for decisions made
20under the Cannabis Cultivation Privilege Tax Law, the Cannabis
21Purchaser Excise Tax Law, the County Cannabis Retailers'
22Occupation Tax Law, and the Municipal Cannabis Retailers'
23Occupation Tax Law, which shall be governed by the provisions
24of those Laws. If a rehearing is granted, an agency shall hold
25the rehearing and render a decision within 30 days from the

 

 

SB2037- 1315 -LRB102 17120 WGH 22551 b

1filing of the application for rehearing with the agency. The
2time for holding such rehearing and rendering a decision may
3be extended for a period not to exceed 30 days, for good cause
4shown, and by notice in writing to all parties of interest. If
5an agency fails to act on the application for rehearing within
630 days, or the date the time for rendering a decision was
7extended for good cause shown, the order or decision of the
8agency is final. No action for the judicial review of any order
9or decision of an agency shall be allowed unless the party
10commencing such action has first filed an application for a
11rehearing and the agency has acted or failed to act upon the
12application. Only one rehearing may be granted by an agency on
13application of any one party.
14(Source: P.A. 101-27, eff. 6-25-19.)
 
15    (410 ILCS 705/55-55)
16    Sec. 55-55. Review of administrative decisions. All final
17administrative decisions of the Department of Public Health,
18the Department of Agriculture, the Department of Financial and
19Professional Regulation, and the Illinois Department of State
20Police are subject to judicial review under the Administrative
21Review Law and the rules adopted under that Law. The term
22"administrative decision" is defined as in Section 3-101 of
23the Code of Civil Procedure.
24(Source: P.A. 101-27, eff. 6-25-19.)
 

 

 

SB2037- 1316 -LRB102 17120 WGH 22551 b

1    (410 ILCS 705/55-80)
2    Sec. 55-80. Annual reports.
3    (a) The Department of Financial and Professional
4Regulation shall submit to the General Assembly and Governor a
5report, by September 30 of each year, that does not disclose
6any information identifying information about cultivation
7centers, craft growers, infuser organizations, transporting
8organizations, or dispensing organizations, but does contain,
9at a minimum, all of the following information for the
10previous fiscal year:
11        (1) The number of licenses issued to dispensing
12    organizations by county, or, in counties with greater than
13    3,000,000 residents, by zip code;
14        (2) The total number of dispensing organization owners
15    that are Social Equity Applicants or minority persons,
16    women, or persons with disabilities as those terms are
17    defined in the Business Enterprise for Minorities, Women,
18    and Persons with Disabilities Act;
19        (3) The total number of revenues received from
20    dispensing organizations, segregated from revenues
21    received from dispensing organizations under the
22    Compassionate Use of Medical Cannabis Program Act by
23    county, separated by source of revenue;
24        (4) The total amount of revenue received from
25    dispensing organizations that share a premises or majority
26    ownership with a craft grower;

 

 

SB2037- 1317 -LRB102 17120 WGH 22551 b

1        (5) The total amount of revenue received from
2    dispensing organizations that share a premises or majority
3    ownership with an infuser; and
4        (6) An analysis of revenue generated from taxation,
5    licensing, and other fees for the State, including
6    recommendations to change the tax rate applied.
7    (b) The Department of Agriculture shall submit to the
8General Assembly and Governor a report, by September 30 of
9each year, that does not disclose any information identifying
10information about cultivation centers, craft growers, infuser
11organizations, transporting organizations, or dispensing
12organizations, but does contain, at a minimum, all of the
13following information for the previous fiscal year:
14        (1) The number of licenses issued to cultivation
15    centers, craft growers, infusers, and transporters by
16    license type, and, in counties with more than 3,000,000
17    residents, by zip code;
18        (2) The total number of cultivation centers, craft
19    growers, infusers, and transporters by license type that
20    are Social Equity Applicants or minority persons, women,
21    or persons with disabilities as those terms are defined in
22    the Business Enterprise for Minorities, Women, and Persons
23    with Disabilities Act;
24        (3) The total amount of revenue received from
25    cultivation centers, craft growers, infusers, and
26    transporters, separated by license types and source of

 

 

SB2037- 1318 -LRB102 17120 WGH 22551 b

1    revenue;
2        (4) The total amount of revenue received from craft
3    growers and infusers that share a premises or majority
4    ownership with a dispensing organization;
5        (5) The total amount of revenue received from craft
6    growers that share a premises or majority ownership with
7    an infuser, but do not share a premises or ownership with a
8    dispensary;
9        (6) The total amount of revenue received from infusers
10    that share a premises or majority ownership with a craft
11    grower, but do not share a premises or ownership with a
12    dispensary;
13        (7) The total amount of revenue received from craft
14    growers that share a premises or majority ownership with a
15    dispensing organization, but do not share a premises or
16    ownership with an infuser;
17        (8) The total amount of revenue received from infusers
18    that share a premises or majority ownership with a
19    dispensing organization, but do not share a premises or
20    ownership with a craft grower;
21        (9) The total amount of revenue received from
22    transporters; and
23        (10) An analysis of revenue generated from taxation,
24    licensing, and other fees for the State, including
25    recommendations to change the tax rate applied.
26    (c) The Illinois Department of State Police shall submit

 

 

SB2037- 1319 -LRB102 17120 WGH 22551 b

1to the General Assembly and Governor a report, by September 30
2of each year that contains, at a minimum, all of the following
3information for the previous fiscal year:
4        (1) The effect of regulation and taxation of cannabis
5    on law enforcement resources;
6        (2) The impact of regulation and taxation of cannabis
7    on highway and waterway safety and rates of impaired
8    driving or operating, where impairment was determined
9    based on failure of a field sobriety test;
10        (3) The available and emerging methods for detecting
11    the metabolites for delta-9-tetrahydrocannabinol in bodily
12    fluids, including, without limitation, blood and saliva;
13        (4) The effectiveness of current DUI laws and
14    recommendations for improvements to policy to better
15    ensure safe highways and fair laws.
16    (d) The Adult Use Cannabis Health Advisory Committee shall
17submit to the General Assembly and Governor a report, by
18September 30 of each year, that does not disclose any
19identifying information about any individuals, but does
20contain, at a minimum:
21        (1) Self-reported youth cannabis use, as published in
22    the most recent Illinois Youth Survey available;
23        (2) Self-reported adult cannabis use, as published in
24    the most recent Behavioral Risk Factor Surveillance Survey
25    available;
26        (3) Hospital room admissions and hospital utilization

 

 

SB2037- 1320 -LRB102 17120 WGH 22551 b

1    rates caused by cannabis consumption, including the
2    presence or detection of other drugs;
3        (4) Overdoses of cannabis and poison control data,
4    including the presence of other drugs that may have
5    contributed;
6        (5) Incidents of impaired driving caused by the
7    consumption of cannabis or cannabis products, including
8    the presence of other drugs or alcohol that may have
9    contributed to the impaired driving;
10        (6) Prevalence of infants born testing positive for
11    cannabis or delta-9-tetrahydrocannabinol, including
12    demographic and racial information on which infants are
13    tested;
14        (7) Public perceptions of use and risk of harm;
15        (8) Revenue collected from cannabis taxation and how
16    that revenue was used;
17        (9) Cannabis retail licenses granted and locations;
18        (10) Cannabis-related arrests; and
19        (11) The number of individuals completing required bud
20    tender training.
21    (e) Each agency or committee submitting reports under this
22Section may consult with one another in the preparation of
23each report.
24(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
25    Section 850. The Radiation Protection Act of 1990 is

 

 

SB2037- 1321 -LRB102 17120 WGH 22551 b

1amended by changing Section 34 as follows:
 
2    (420 ILCS 40/34)  (from Ch. 111 1/2, par. 210-34)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 34. All intrastate and interstate carriers of
5irradiated nuclear reactor fuel in the State of Illinois are
6hereby required to notify the Agency 24 hours prior to any
7transportation of irradiated nuclear reactor fuel within this
8State of the proposed route, the place and time of entry into
9the State, and the amount and the source of the fuel. The
10Agency shall immediately notify the Illinois State Police,
11which shall notify the sheriff of those counties along the
12route of such shipment.
13    For the purpose of this subsection, a "carrier" is any
14entity charged with transportation of such irradiated reactor
15fuel from the nuclear steam-generating facility to a storage
16facility.
17    For the purpose of this subsection, "irradiated reactor
18fuel" is any nuclear fuel assembly containing fissile-bearing
19material that has been irradiated in and removed from a
20nuclear reactor facility.
21(Source: P.A. 94-104, eff. 7-1-05.)
 
22    Section 865. The Firearm Owners Identification Card Act is
23amended by changing Sections 1.1, 2, 3, 3.1, 3.3, 4, 5, 5.1, 6,
248, 8.1, 8.2, 8.3, 9.5, 10, 11, 13.1, 13.2, 13.3, 15a, and 15b

 

 

SB2037- 1322 -LRB102 17120 WGH 22551 b

1as follows:
 
2    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
3    Sec. 1.1. For purposes of this Act:
4    "Addicted to narcotics" means a person who has been:
5        (1) convicted of an offense involving the use or
6    possession of cannabis, a controlled substance, or
7    methamphetamine within the past year; or
8        (2) determined by the Illinois Department of State
9    Police to be addicted to narcotics based upon federal law
10    or federal guidelines.
11    "Addicted to narcotics" does not include possession or use
12of a prescribed controlled substance under the direction and
13authority of a physician or other person authorized to
14prescribe the controlled substance when the controlled
15substance is used in the prescribed manner.
16    "Adjudicated as a person with a mental disability" means
17the person is the subject of a determination by a court, board,
18commission or other lawful authority that the person, as a
19result of marked subnormal intelligence, or mental illness,
20mental impairment, incompetency, condition, or disease:
21        (1) presents a clear and present danger to himself,
22    herself, or to others;
23        (2) lacks the mental capacity to manage his or her own
24    affairs or is adjudicated a person with a disability as
25    defined in Section 11a-2 of the Probate Act of 1975;

 

 

SB2037- 1323 -LRB102 17120 WGH 22551 b

1        (3) is not guilty in a criminal case by reason of
2    insanity, mental disease or defect;
3        (3.5) is guilty but mentally ill, as provided in
4    Section 5-2-6 of the Unified Code of Corrections;
5        (4) is incompetent to stand trial in a criminal case;
6        (5) is not guilty by reason of lack of mental
7    responsibility under Articles 50a and 72b of the Uniform
8    Code of Military Justice, 10 U.S.C. 850a, 876b;
9        (6) is a sexually violent person under subsection (f)
10    of Section 5 of the Sexually Violent Persons Commitment
11    Act;
12        (7) is a sexually dangerous person under the Sexually
13    Dangerous Persons Act;
14        (8) is unfit to stand trial under the Juvenile Court
15    Act of 1987;
16        (9) is not guilty by reason of insanity under the
17    Juvenile Court Act of 1987;
18        (10) is subject to involuntary admission as an
19    inpatient as defined in Section 1-119 of the Mental Health
20    and Developmental Disabilities Code;
21        (11) is subject to involuntary admission as an
22    outpatient as defined in Section 1-119.1 of the Mental
23    Health and Developmental Disabilities Code;
24        (12) is subject to judicial admission as set forth in
25    Section 4-500 of the Mental Health and Developmental
26    Disabilities Code; or

 

 

SB2037- 1324 -LRB102 17120 WGH 22551 b

1        (13) is subject to the provisions of the Interstate
2    Agreements on Sexually Dangerous Persons Act.
3    "Clear and present danger" means a person who:
4        (1) communicates a serious threat of physical violence
5    against a reasonably identifiable victim or poses a clear
6    and imminent risk of serious physical injury to himself,
7    herself, or another person as determined by a physician,
8    clinical psychologist, or qualified examiner; or
9        (2) demonstrates threatening physical or verbal
10    behavior, such as violent, suicidal, or assaultive
11    threats, actions, or other behavior, as determined by a
12    physician, clinical psychologist, qualified examiner,
13    school administrator, or law enforcement official.
14    "Clinical psychologist" has the meaning provided in
15Section 1-103 of the Mental Health and Developmental
16Disabilities Code.
17    "Controlled substance" means a controlled substance or
18controlled substance analog as defined in the Illinois
19Controlled Substances Act.
20    "Counterfeit" means to copy or imitate, without legal
21authority, with intent to deceive.
22    "Federally licensed firearm dealer" means a person who is
23licensed as a federal firearms dealer under Section 923 of the
24federal Gun Control Act of 1968 (18 U.S.C. 923).
25    "Firearm" means any device, by whatever name known, which
26is designed to expel a projectile or projectiles by the action

 

 

SB2037- 1325 -LRB102 17120 WGH 22551 b

1of an explosion, expansion of gas or escape of gas; excluding,
2however:
3        (1) any pneumatic gun, spring gun, paint ball gun, or
4    B-B gun which expels a single globular projectile not
5    exceeding .18 inch in diameter or which has a maximum
6    muzzle velocity of less than 700 feet per second;
7        (1.1) any pneumatic gun, spring gun, paint ball gun,
8    or B-B gun which expels breakable paint balls containing
9    washable marking colors;
10        (2) any device used exclusively for signaling
11    signalling or safety and required or recommended by the
12    United States Coast Guard or the Interstate Commerce
13    Commission;
14        (3) any device used exclusively for the firing of stud
15    cartridges, explosive rivets or similar industrial
16    ammunition; and
17        (4) an antique firearm (other than a machine-gun)
18    which, although designed as a weapon, the Illinois
19    Department of State Police finds by reason of the date of
20    its manufacture, value, design, and other characteristics
21    is primarily a collector's item and is not likely to be
22    used as a weapon.
23    "Firearm ammunition" means any self-contained cartridge or
24shotgun shell, by whatever name known, which is designed to be
25used or adaptable to use in a firearm; excluding, however:
26        (1) any ammunition exclusively designed for use with a

 

 

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1    device used exclusively for signalling or safety and
2    required or recommended by the United States Coast Guard
3    or the Interstate Commerce Commission; and
4        (2) any ammunition designed exclusively for use with a
5    stud or rivet driver or other similar industrial
6    ammunition.
7    "Gun show" means an event or function:
8        (1) at which the sale and transfer of firearms is the
9    regular and normal course of business and where 50 or more
10    firearms are displayed, offered, or exhibited for sale,
11    transfer, or exchange; or
12        (2) at which not less than 10 gun show vendors
13    display, offer, or exhibit for sale, sell, transfer, or
14    exchange firearms.
15    "Gun show" includes the entire premises provided for an
16event or function, including parking areas for the event or
17function, that is sponsored to facilitate the purchase, sale,
18transfer, or exchange of firearms as described in this
19Section. Nothing in this definition shall be construed to
20exclude a gun show held in conjunction with competitive
21shooting events at the World Shooting Complex sanctioned by a
22national governing body in which the sale or transfer of
23firearms is authorized under subparagraph (5) of paragraph (g)
24of subsection (A) of Section 24-3 of the Criminal Code of 2012.
25    Unless otherwise expressly stated, "gun show" does not
26include training or safety classes, competitive shooting

 

 

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1events, such as rifle, shotgun, or handgun matches, trap,
2skeet, or sporting clays shoots, dinners, banquets, raffles,
3or any other event where the sale or transfer of firearms is
4not the primary course of business.
5    "Gun show promoter" means a person who organizes or
6operates a gun show.
7    "Gun show vendor" means a person who exhibits, sells,
8offers for sale, transfers, or exchanges any firearms at a gun
9show, regardless of whether the person arranges with a gun
10show promoter for a fixed location from which to exhibit,
11sell, offer for sale, transfer, or exchange any firearm.
12    "Involuntarily admitted" has the meaning as prescribed in
13Sections 1-119 and 1-119.1 of the Mental Health and
14Developmental Disabilities Code.
15    "Mental health facility" means any licensed private
16hospital or hospital affiliate, institution, or facility, or
17part thereof, and any facility, or part thereof, operated by
18the State or a political subdivision thereof which provide
19treatment of persons with mental illness and includes all
20hospitals, institutions, clinics, evaluation facilities,
21mental health centers, colleges, universities, long-term care
22facilities, and nursing homes, or parts thereof, which provide
23treatment of persons with mental illness whether or not the
24primary purpose is to provide treatment of persons with mental
25illness.
26    "National governing body" means a group of persons who

 

 

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1adopt rules and formulate policy on behalf of a national
2firearm sporting organization.
3    "Patient" means:
4        (1) a person who is admitted as an inpatient or
5    resident of a public or private mental health facility for
6    mental health treatment under Chapter III of the Mental
7    Health and Developmental Disabilities Code as an informal
8    admission, a voluntary admission, a minor admission, an
9    emergency admission, or an involuntary admission, unless
10    the treatment was solely for an alcohol abuse disorder; or
11        (2) a person who voluntarily or involuntarily receives
12    mental health treatment as an out-patient or is otherwise
13    provided services by a public or private mental health
14    facility, and who poses a clear and present danger to
15    himself, herself, or to others.
16    "Person with a developmental disability" means a person
17with a disability which is attributable to any other condition
18which results in impairment similar to that caused by an
19intellectual disability and which requires services similar to
20those required by persons with intellectual disabilities. The
21disability must originate before the age of 18 years, be
22expected to continue indefinitely, and constitute a
23substantial disability. This disability results, in the
24professional opinion of a physician, clinical psychologist, or
25qualified examiner, in significant functional limitations in 3
26or more of the following areas of major life activity:

 

 

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1        (i) self-care;
2        (ii) receptive and expressive language;
3        (iii) learning;
4        (iv) mobility; or
5        (v) self-direction.
6    "Person with an intellectual disability" means a person
7with a significantly subaverage general intellectual
8functioning which exists concurrently with impairment in
9adaptive behavior and which originates before the age of 18
10years.
11    "Physician" has the meaning as defined in Section 1-120 of
12the Mental Health and Developmental Disabilities Code.
13    "Qualified examiner" has the meaning provided in Section
141-122 of the Mental Health and Developmental Disabilities
15Code.
16    "Sanctioned competitive shooting event" means a shooting
17contest officially recognized by a national or state shooting
18sport association, and includes any sight-in or practice
19conducted in conjunction with the event.
20    "School administrator" means the person required to report
21under the School Administrator Reporting of Mental Health
22Clear and Present Danger Determinations Law.
23    "Stun gun or taser" has the meaning ascribed to it in
24Section 24-1 of the Criminal Code of 2012.
25(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
2699-642, eff. 7-28-16; 100-906, eff. 1-1-19.)
 

 

 

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1    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
2    Sec. 2. Firearm Owner's Identification Card required;
3exceptions.
4    (a) (1) No person may acquire or possess any firearm, stun
5gun, or taser within this State without having in his or her
6possession a Firearm Owner's Identification Card previously
7issued in his or her name by the Illinois Department of State
8Police under the provisions of this Act.
9    (2) No person may acquire or possess firearm ammunition
10within this State without having in his or her possession a
11Firearm Owner's Identification Card previously issued in his
12or her name by the Illinois Department of State Police under
13the provisions of this Act.
14    (b) The provisions of this Section regarding the
15possession of firearms, firearm ammunition, stun guns, and
16tasers do not apply to:
17        (1) United States Marshals, while engaged in the
18    operation of their official duties;
19        (2) Members of the Armed Forces of the United States
20    or the National Guard, while engaged in the operation of
21    their official duties;
22        (3) Federal officials required to carry firearms,
23    while engaged in the operation of their official duties;
24        (4) Members of bona fide veterans organizations which
25    receive firearms directly from the armed forces of the

 

 

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1    United States, while using the firearms for ceremonial
2    purposes with blank ammunition;
3        (5) Nonresident hunters during hunting season, with
4    valid nonresident hunting licenses and while in an area
5    where hunting is permitted; however, at all other times
6    and in all other places these persons must have their
7    firearms unloaded and enclosed in a case;
8        (6) Those hunters exempt from obtaining a hunting
9    license who are required to submit their Firearm Owner's
10    Identification Card when hunting on Department of Natural
11    Resources owned or managed sites;
12        (7) Nonresidents while on a firing or shooting range
13    recognized by the Illinois Department of State Police;
14    however, these persons must at all other times and in all
15    other places have their firearms unloaded and enclosed in
16    a case;
17        (8) Nonresidents while at a firearm showing or display
18    recognized by the Illinois Department of State Police;
19    however, at all other times and in all other places these
20    persons must have their firearms unloaded and enclosed in
21    a case;
22        (9) Nonresidents whose firearms are unloaded and
23    enclosed in a case;
24        (10) Nonresidents who are currently licensed or
25    registered to possess a firearm in their resident state;
26        (11) Unemancipated minors while in the custody and

 

 

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1    immediate control of their parent or legal guardian or
2    other person in loco parentis to the minor if the parent or
3    legal guardian or other person in loco parentis to the
4    minor has a currently valid Firearm Owner's Identification
5    Card;
6        (12) Color guards of bona fide veterans organizations
7    or members of bona fide American Legion bands while using
8    firearms for ceremonial purposes with blank ammunition;
9        (13) Nonresident hunters whose state of residence does
10    not require them to be licensed or registered to possess a
11    firearm and only during hunting season, with valid hunting
12    licenses, while accompanied by, and using a firearm owned
13    by, a person who possesses a valid Firearm Owner's
14    Identification Card and while in an area within a
15    commercial club licensed under the Wildlife Code where
16    hunting is permitted and controlled, but in no instance
17    upon sites owned or managed by the Department of Natural
18    Resources;
19        (14) Resident hunters who are properly authorized to
20    hunt and, while accompanied by a person who possesses a
21    valid Firearm Owner's Identification Card, hunt in an area
22    within a commercial club licensed under the Wildlife Code
23    where hunting is permitted and controlled;
24        (15) A person who is otherwise eligible to obtain a
25    Firearm Owner's Identification Card under this Act and is
26    under the direct supervision of a holder of a Firearm

 

 

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1    Owner's Identification Card who is 21 years of age or
2    older while the person is on a firing or shooting range or
3    is a participant in a firearms safety and training course
4    recognized by a law enforcement agency or a national,
5    statewide shooting sports organization; and
6        (16) Competitive shooting athletes whose competition
7    firearms are sanctioned by the International Olympic
8    Committee, the International Paralympic Committee, the
9    International Shooting Sport Federation, or USA Shooting
10    in connection with such athletes' training for and
11    participation in shooting competitions at the 2016 Olympic
12    and Paralympic Games and sanctioned test events leading up
13    to the 2016 Olympic and Paralympic Games.
14    (c) The provisions of this Section regarding the
15acquisition and possession of firearms, firearm ammunition,
16stun guns, and tasers do not apply to law enforcement
17officials of this or any other jurisdiction, while engaged in
18the operation of their official duties.
19    (c-5) The provisions of paragraphs (1) and (2) of
20subsection (a) of this Section regarding the possession of
21firearms and firearm ammunition do not apply to the holder of a
22valid concealed carry license issued under the Firearm
23Concealed Carry Act who is in physical possession of the
24concealed carry license.
25    (d) Any person who becomes a resident of this State, who is
26not otherwise prohibited from obtaining, possessing, or using

 

 

SB2037- 1334 -LRB102 17120 WGH 22551 b

1a firearm or firearm ammunition, shall not be required to have
2a Firearm Owner's Identification Card to possess firearms or
3firearms ammunition until 60 calendar days after he or she
4obtains an Illinois driver's license or Illinois
5Identification Card.
6(Source: P.A. 99-29, eff. 7-10-15.)
 
7    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
8    Sec. 3. (a) Except as provided in Section 3a, no person may
9knowingly transfer, or cause to be transferred, any firearm,
10firearm ammunition, stun gun, or taser to any person within
11this State unless the transferee with whom he deals displays
12either: (1) a currently valid Firearm Owner's Identification
13Card which has previously been issued in his or her name by the
14Illinois Department of State Police under the provisions of
15this Act; or (2) a currently valid license to carry a concealed
16firearm which has previously been issued in his or her name by
17the Illinois Department of State Police under the Firearm
18Concealed Carry Act. In addition, all firearm, stun gun, and
19taser transfers by federally licensed firearm dealers are
20subject to Section 3.1.
21    (a-5) Any person who is not a federally licensed firearm
22dealer and who desires to transfer or sell a firearm while that
23person is on the grounds of a gun show must, before selling or
24transferring the firearm, request the Illinois Department of
25State Police to conduct a background check on the prospective

 

 

SB2037- 1335 -LRB102 17120 WGH 22551 b

1recipient of the firearm in accordance with Section 3.1.
2    (a-10) Notwithstanding item (2) of subsection (a) of this
3Section, any person who is not a federally licensed firearm
4dealer and who desires to transfer or sell a firearm or
5firearms to any person who is not a federally licensed firearm
6dealer shall, before selling or transferring the firearms,
7contact the Illinois Department of State Police with the
8transferee's or purchaser's Firearm Owner's Identification
9Card number to determine the validity of the transferee's or
10purchaser's Firearm Owner's Identification Card. This
11subsection shall not be effective until January 1, 2014. The
12Illinois Department of State Police may adopt rules concerning
13the implementation of this subsection. The Illinois Department
14of State Police shall provide the seller or transferor an
15approval number if the purchaser's Firearm Owner's
16Identification Card is valid. Approvals issued by the
17Department for the purchase of a firearm pursuant to this
18subsection are valid for 30 days from the date of issue.
19    (a-15) The provisions of subsection (a-10) of this Section
20do not apply to:
21        (1) transfers that occur at the place of business of a
22    federally licensed firearm dealer, if the federally
23    licensed firearm dealer conducts a background check on the
24    prospective recipient of the firearm in accordance with
25    Section 3.1 of this Act and follows all other applicable
26    federal, State, and local laws as if he or she were the

 

 

SB2037- 1336 -LRB102 17120 WGH 22551 b

1    seller or transferor of the firearm, although the dealer
2    is not required to accept the firearm into his or her
3    inventory. The purchaser or transferee may be required by
4    the federally licensed firearm dealer to pay a fee not to
5    exceed $10 per firearm, which the dealer may retain as
6    compensation for performing the functions required under
7    this paragraph, plus the applicable fees authorized by
8    Section 3.1;
9        (2) transfers as a bona fide gift to the transferor's
10    husband, wife, son, daughter, stepson, stepdaughter,
11    father, mother, stepfather, stepmother, brother, sister,
12    nephew, niece, uncle, aunt, grandfather, grandmother,
13    grandson, granddaughter, father-in-law, mother-in-law,
14    son-in-law, or daughter-in-law;
15        (3) transfers by persons acting pursuant to operation
16    of law or a court order;
17        (4) transfers on the grounds of a gun show under
18    subsection (a-5) of this Section;
19        (5) the delivery of a firearm by its owner to a
20    gunsmith for service or repair, the return of the firearm
21    to its owner by the gunsmith, or the delivery of a firearm
22    by a gunsmith to a federally licensed firearms dealer for
23    service or repair and the return of the firearm to the
24    gunsmith;
25        (6) temporary transfers that occur while in the home
26    of the unlicensed transferee, if the unlicensed transferee

 

 

SB2037- 1337 -LRB102 17120 WGH 22551 b

1    is not otherwise prohibited from possessing firearms and
2    the unlicensed transferee reasonably believes that
3    possession of the firearm is necessary to prevent imminent
4    death or great bodily harm to the unlicensed transferee;
5        (7) transfers to a law enforcement or corrections
6    agency or a law enforcement or corrections officer acting
7    within the course and scope of his or her official duties;
8        (8) transfers of firearms that have been rendered
9    permanently inoperable to a nonprofit historical society,
10    museum, or institutional collection; and
11        (9) transfers to a person who is exempt from the
12    requirement of possessing a Firearm Owner's Identification
13    Card under Section 2 of this Act.
14    (a-20) The Illinois Department of State Police shall
15develop an Internet-based system for individuals to determine
16the validity of a Firearm Owner's Identification Card prior to
17the sale or transfer of a firearm. The Department shall have
18the Internet-based system completed and available for use by
19July 1, 2015. The Department shall adopt rules not
20inconsistent with this Section to implement this system.
21    (b) Any person within this State who transfers or causes
22to be transferred any firearm, stun gun, or taser shall keep a
23record of such transfer for a period of 10 years from the date
24of transfer. Such record shall contain the date of the
25transfer; the description, serial number or other information
26identifying the firearm, stun gun, or taser if no serial

 

 

SB2037- 1338 -LRB102 17120 WGH 22551 b

1number is available; and, if the transfer was completed within
2this State, the transferee's Firearm Owner's Identification
3Card number and any approval number or documentation provided
4by the Illinois Department of State Police pursuant to
5subsection (a-10) of this Section; if the transfer was not
6completed within this State, the record shall contain the name
7and address of the transferee. On or after January 1, 2006, the
8record shall contain the date of application for transfer of
9the firearm. On demand of a peace officer such transferor
10shall produce for inspection such record of transfer. If the
11transfer or sale took place at a gun show, the record shall
12include the unique identification number. Failure to record
13the unique identification number or approval number is a petty
14offense. For transfers of a firearm, stun gun, or taser made on
15or after the effective date of this amendatory Act of the 100th
16General Assembly, failure by the private seller to maintain
17the transfer records in accordance with this Section is a
18Class A misdemeanor for the first offense and a Class 4 felony
19for a second or subsequent offense. A transferee shall not be
20criminally liable under this Section provided that he or she
21provides the Illinois Department of State Police with the
22transfer records in accordance with procedures established by
23the Department. The Department shall establish, by rule, a
24standard form on its website.
25    (b-5) Any resident may purchase ammunition from a person
26within or outside of Illinois if shipment is by United States

 

 

SB2037- 1339 -LRB102 17120 WGH 22551 b

1mail or by a private express carrier authorized by federal law
2to ship ammunition. Any resident purchasing ammunition within
3or outside the State of Illinois must provide the seller with a
4copy of his or her valid Firearm Owner's Identification Card
5or valid concealed carry license and either his or her
6Illinois driver's license or Illinois State Identification
7Card prior to the shipment of the ammunition. The ammunition
8may be shipped only to an address on either of those 2
9documents.
10    (c) The provisions of this Section regarding the transfer
11of firearm ammunition shall not apply to those persons
12specified in paragraph (b) of Section 2 of this Act.
13(Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
 
14    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
15    Sec. 3.1. Dial up system.
16    (a) The Illinois Department of State Police shall provide
17a dial up telephone system or utilize other existing
18technology which shall be used by any federally licensed
19firearm dealer, gun show promoter, or gun show vendor who is to
20transfer a firearm, stun gun, or taser under the provisions of
21this Act. The Illinois Department of State Police may utilize
22existing technology which allows the caller to be charged a
23fee not to exceed $2. Fees collected by the Illinois
24Department of State Police shall be deposited in the State
25Police Services Fund and used to provide the service.

 

 

SB2037- 1340 -LRB102 17120 WGH 22551 b

1    (b) Upon receiving a request from a federally licensed
2firearm dealer, gun show promoter, or gun show vendor, the
3Illinois Department of State Police shall immediately approve,
4or within the time period established by Section 24-3 of the
5Criminal Code of 2012 regarding the delivery of firearms, stun
6guns, and tasers notify the inquiring dealer, gun show
7promoter, or gun show vendor of any objection that would
8disqualify the transferee from acquiring or possessing a
9firearm, stun gun, or taser. In conducting the inquiry, the
10Illinois Department of State Police shall initiate and
11complete an automated search of its criminal history record
12information files and those of the Federal Bureau of
13Investigation, including the National Instant Criminal
14Background Check System, and of the files of the Department of
15Human Services relating to mental health and developmental
16disabilities to obtain any felony conviction or patient
17hospitalization information which would disqualify a person
18from obtaining or require revocation of a currently valid
19Firearm Owner's Identification Card.
20    (c) If receipt of a firearm would not violate Section 24-3
21of the Criminal Code of 2012, federal law, or this Act the
22Illinois Department of State Police shall:
23        (1) assign a unique identification number to the
24    transfer; and
25        (2) provide the licensee, gun show promoter, or gun
26    show vendor with the number.

 

 

SB2037- 1341 -LRB102 17120 WGH 22551 b

1    (d) Approvals issued by the Illinois Department of State
2Police for the purchase of a firearm are valid for 30 days from
3the date of issue.
4    (e) (1) The Illinois Department of State Police must act
5as the Illinois Point of Contact for the National Instant
6Criminal Background Check System.
7    (2) The Illinois Department of State Police and the
8Department of Human Services shall, in accordance with State
9and federal law regarding confidentiality, enter into a
10memorandum of understanding with the Federal Bureau of
11Investigation for the purpose of implementing the National
12Instant Criminal Background Check System in the State. The
13Illinois Department of State Police shall report the name,
14date of birth, and physical description of any person
15prohibited from possessing a firearm pursuant to the Firearm
16Owners Identification Card Act or 18 U.S.C. 922(g) and (n) to
17the National Instant Criminal Background Check System Index,
18Denied Persons Files.
19    (3) The Illinois Department of State Police shall provide
20notice of the disqualification of a person under subsection
21(b) of this Section or the revocation of a person's Firearm
22Owner's Identification Card under Section 8 or Section 8.2 of
23this Act, and the reason for the disqualification or
24revocation, to all law enforcement agencies with jurisdiction
25to assist with the seizure of the person's Firearm Owner's
26Identification Card.

 

 

SB2037- 1342 -LRB102 17120 WGH 22551 b

1    (f) The Illinois Department of State Police shall adopt
2rules not inconsistent with this Section to implement this
3system.
4(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)
 
5    (430 ILCS 65/3.3)
6    Sec. 3.3. Report to the local law enforcement agency. The
7Illinois Department of State Police must report the name and
8address of a person to the local law enforcement agency where
9the person resides if the person attempting to purchase a
10firearm is disqualified from purchasing a firearm because of
11information obtained under subsection (a-10) of Section 3 or
12Section 3.1 that would disqualify the person from obtaining a
13Firearm Owner's Identification Card under any of subsections
14(c) through (n) of Section 8 of this Act.
15(Source: P.A. 98-508, eff. 8-19-13.)
 
16    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
17    Sec. 4. Application for Firearm Owner's Identification
18Cards.
19    (a) Each applicant for a Firearm Owner's Identification
20Card must:
21        (1) Make application on blank forms prepared and
22    furnished at convenient locations throughout the State by
23    the Illinois Department of State Police, or by electronic
24    means, if and when made available by the Illinois

 

 

SB2037- 1343 -LRB102 17120 WGH 22551 b

1    Department of State Police; and
2        (2) Submit evidence to the Illinois Department of
3    State Police that:
4            (i) This subparagraph (i) applies through the
5        180th day following the effective date of this
6        amendatory Act of the 101st General Assembly. He or
7        she is 21 years of age or over, or if he or she is
8        under 21 years of age that he or she has the written
9        consent of his or her parent or legal guardian to
10        possess and acquire firearms and firearm ammunition
11        and that he or she has never been convicted of a
12        misdemeanor other than a traffic offense or adjudged
13        delinquent, provided, however, that such parent or
14        legal guardian is not an individual prohibited from
15        having a Firearm Owner's Identification Card and files
16        an affidavit with the Department as prescribed by the
17        Department stating that he or she is not an individual
18        prohibited from having a Card;
19            (i-5) This subparagraph (i-5) applies on and after
20        the 181st day following the effective date of this
21        amendatory Act of the 101st General Assembly. He or
22        she is 21 years of age or over, or if he or she is
23        under 21 years of age that he or she has never been
24        convicted of a misdemeanor other than a traffic
25        offense or adjudged delinquent and is an active duty
26        member of the United States Armed Forces or has the

 

 

SB2037- 1344 -LRB102 17120 WGH 22551 b

1        written consent of his or her parent or legal guardian
2        to possess and acquire firearms and firearm
3        ammunition, provided, however, that such parent or
4        legal guardian is not an individual prohibited from
5        having a Firearm Owner's Identification Card and files
6        an affidavit with the Department as prescribed by the
7        Department stating that he or she is not an individual
8        prohibited from having a Card or the active duty
9        member of the United States Armed Forces under 21
10        years of age annually submits proof to the Illinois
11        Department of State Police, in a manner prescribed by
12        the Department;
13            (ii) He or she has not been convicted of a felony
14        under the laws of this or any other jurisdiction;
15            (iii) He or she is not addicted to narcotics;
16            (iv) He or she has not been a patient in a mental
17        health facility within the past 5 years or, if he or
18        she has been a patient in a mental health facility more
19        than 5 years ago submit the certification required
20        under subsection (u) of Section 8 of this Act;
21            (v) He or she is not a person with an intellectual
22        disability;
23            (vi) He or she is not an alien who is unlawfully
24        present in the United States under the laws of the
25        United States;
26            (vii) He or she is not subject to an existing order

 

 

SB2037- 1345 -LRB102 17120 WGH 22551 b

1        of protection prohibiting him or her from possessing a
2        firearm;
3            (viii) He or she has not been convicted within the
4        past 5 years of battery, assault, aggravated assault,
5        violation of an order of protection, or a
6        substantially similar offense in another jurisdiction,
7        in which a firearm was used or possessed;
8            (ix) He or she has not been convicted of domestic
9        battery, aggravated domestic battery, or a
10        substantially similar offense in another jurisdiction
11        committed before, on or after January 1, 2012 (the
12        effective date of Public Act 97-158). If the applicant
13        knowingly and intelligently waives the right to have
14        an offense described in this clause (ix) tried by a
15        jury, and by guilty plea or otherwise, results in a
16        conviction for an offense in which a domestic
17        relationship is not a required element of the offense
18        but in which a determination of the applicability of
19        18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
20        the Code of Criminal Procedure of 1963, an entry by the
21        court of a judgment of conviction for that offense
22        shall be grounds for denying the issuance of a Firearm
23        Owner's Identification Card under this Section;
24            (x) (Blank);
25            (xi) He or she is not an alien who has been
26        admitted to the United States under a non-immigrant

 

 

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1        visa (as that term is defined in Section 101(a)(26) of
2        the Immigration and Nationality Act (8 U.S.C.
3        1101(a)(26))), or that he or she is an alien who has
4        been lawfully admitted to the United States under a
5        non-immigrant visa if that alien is:
6                (1) admitted to the United States for lawful
7            hunting or sporting purposes;
8                (2) an official representative of a foreign
9            government who is:
10                    (A) accredited to the United States
11                Government or the Government's mission to an
12                international organization having its
13                headquarters in the United States; or
14                    (B) en route to or from another country to
15                which that alien is accredited;
16                (3) an official of a foreign government or
17            distinguished foreign visitor who has been so
18            designated by the Department of State;
19                (4) a foreign law enforcement officer of a
20            friendly foreign government entering the United
21            States on official business; or
22                (5) one who has received a waiver from the
23            Attorney General of the United States pursuant to
24            18 U.S.C. 922(y)(3);
25            (xii) He or she is not a minor subject to a
26        petition filed under Section 5-520 of the Juvenile

 

 

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1        Court Act of 1987 alleging that the minor is a
2        delinquent minor for the commission of an offense that
3        if committed by an adult would be a felony;
4            (xiii) He or she is not an adult who had been
5        adjudicated a delinquent minor under the Juvenile
6        Court Act of 1987 for the commission of an offense that
7        if committed by an adult would be a felony;
8            (xiv) He or she is a resident of the State of
9        Illinois;
10            (xv) He or she has not been adjudicated as a person
11        with a mental disability;
12            (xvi) He or she has not been involuntarily
13        admitted into a mental health facility; and
14            (xvii) He or she is not a person with a
15        developmental disability; and
16        (3) Upon request by the Illinois Department of State
17    Police, sign a release on a form prescribed by the
18    Illinois Department of State Police waiving any right to
19    confidentiality and requesting the disclosure to the
20    Illinois Department of State Police of limited mental
21    health institution admission information from another
22    state, the District of Columbia, any other territory of
23    the United States, or a foreign nation concerning the
24    applicant for the sole purpose of determining whether the
25    applicant is or was a patient in a mental health
26    institution and disqualified because of that status from

 

 

SB2037- 1348 -LRB102 17120 WGH 22551 b

1    receiving a Firearm Owner's Identification Card. No mental
2    health care or treatment records may be requested. The
3    information received shall be destroyed within one year of
4    receipt.
5    (a-5) Each applicant for a Firearm Owner's Identification
6Card who is over the age of 18 shall furnish to the Illinois
7Department of State Police either his or her Illinois driver's
8license number or Illinois Identification Card number, except
9as provided in subsection (a-10).
10    (a-10) Each applicant for a Firearm Owner's Identification
11Card, who is employed as a law enforcement officer, an armed
12security officer in Illinois, or by the United States Military
13permanently assigned in Illinois and who is not an Illinois
14resident, shall furnish to the Illinois Department of State
15Police his or her driver's license number or state
16identification card number from his or her state of residence.
17The Illinois Department of State Police may adopt rules to
18enforce the provisions of this subsection (a-10).
19    (a-15) If an applicant applying for a Firearm Owner's
20Identification Card moves from the residence address named in
21the application, he or she shall immediately notify in a form
22and manner prescribed by the Illinois Department of State
23Police of that change of address.
24    (a-20) Each applicant for a Firearm Owner's Identification
25Card shall furnish to the Illinois Department of State Police
26his or her photograph. An applicant who is 21 years of age or

 

 

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1older seeking a religious exemption to the photograph
2requirement must furnish with the application an approved copy
3of United States Department of the Treasury Internal Revenue
4Service Form 4029. In lieu of a photograph, an applicant
5regardless of age seeking a religious exemption to the
6photograph requirement shall submit fingerprints on a form and
7manner prescribed by the Department with his or her
8application.
9    (b) Each application form shall include the following
10statement printed in bold type: "Warning: Entering false
11information on an application for a Firearm Owner's
12Identification Card is punishable as a Class 2 felony in
13accordance with subsection (d-5) of Section 14 of the Firearm
14Owners Identification Card Act.".
15    (c) Upon such written consent, pursuant to Section 4,
16paragraph (a)(2)(i), the parent or legal guardian giving the
17consent shall be liable for any damages resulting from the
18applicant's use of firearms or firearm ammunition.
19(Source: P.A. 101-80, eff. 7-12-19.)
 
20    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
21    Sec. 5. Application and renewal.
22    (a) The Illinois Department of State Police shall either
23approve or deny all applications within 30 days from the date
24they are received, except as provided in subsection (b) of
25this Section, and every applicant found qualified under

 

 

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1Section 8 of this Act by the Department shall be entitled to a
2Firearm Owner's Identification Card upon the payment of a $10
3fee. Any applicant who is an active duty member of the Armed
4Forces of the United States, a member of the Illinois National
5Guard, or a member of the Reserve Forces of the United States
6is exempt from the application fee. $6 of each fee derived from
7the issuance of Firearm Owner's Identification Cards, or
8renewals thereof, shall be deposited in the Wildlife and Fish
9Fund in the State Treasury; $1 of the fee shall be deposited in
10the State Police Services Fund and $3 of the fee shall be
11deposited in the State Police Firearm Services Fund.
12    (b) Renewal applications shall be approved or denied
13within 60 business days, provided the applicant submitted his
14or her renewal application prior to the expiration of his or
15her Firearm Owner's Identification Card. If a renewal
16application has been submitted prior to the expiration date of
17the applicant's Firearm Owner's Identification Card, the
18Firearm Owner's Identification Card shall remain valid while
19the Department processes the application, unless the person is
20subject to or becomes subject to revocation under this Act.
21The cost for a renewal application shall be $10 which shall be
22deposited into the State Police Firearm Services Fund.
23(Source: P.A. 100-906, eff. 1-1-19.)
 
24    (430 ILCS 65/5.1)
25    Sec. 5.1. State Police Firearm Services Fund. All moneys

 

 

SB2037- 1351 -LRB102 17120 WGH 22551 b

1remaining in the Firearm Owner's Notification Fund on the
2effective date of this amendatory Act of the 98th General
3Assembly shall be transferred into the State Police Firearm
4Services Fund, a special fund created in the State treasury,
5to be expended by the Illinois Department of State Police, for
6the purposes specified in this Act and Section 2605-595 of the
7Illinois Department of State Police Law of the Civil
8Administrative Code of Illinois.
9(Source: P.A. 98-63, eff. 7-9-13.)
 
10    (430 ILCS 65/6)  (from Ch. 38, par. 83-6)
11    Sec. 6. Contents of Firearm Owner's Identification Card.
12    (a) A Firearm Owner's Identification Card, issued by the
13Illinois Department of State Police at such places as the
14Director of the Illinois State Police Department shall
15specify, shall contain the applicant's name, residence, date
16of birth, sex, physical description, recent photograph, except
17as provided in subsection (c-5), and signature. Each Firearm
18Owner's Identification Card must have the expiration date
19boldly and conspicuously displayed on the face of the card.
20Each Firearm Owner's Identification Card must have printed on
21it the following: "CAUTION - This card does not permit bearer
22to UNLAWFULLY carry or use firearms." Before December 1, 2002,
23the Department may use a person's digital photograph and
24signature from his or her Illinois driver's license or
25Illinois Identification Card, if available. On and after

 

 

SB2037- 1352 -LRB102 17120 WGH 22551 b

1December 1, 2002, the Department shall use a person's digital
2photograph and signature from his or her Illinois driver's
3license or Illinois Identification Card, if available. The
4Department shall decline to use a person's digital photograph
5or signature if the digital photograph or signature is the
6result of or associated with fraudulent or erroneous data,
7unless otherwise provided by law.
8    (b) A person applying for a Firearm Owner's Identification
9Card shall consent to the Illinois Department of State Police
10using the applicant's digital driver's license or Illinois
11Identification Card photograph, if available, and signature on
12the applicant's Firearm Owner's Identification Card. The
13Secretary of State shall allow the Illinois Department of
14State Police access to the photograph and signature for the
15purpose of identifying the applicant and issuing to the
16applicant a Firearm Owner's Identification Card.
17    (c) The Secretary of State shall conduct a study to
18determine the cost and feasibility of creating a method of
19adding an identifiable code, background, or other means on the
20driver's license or Illinois Identification Card to show that
21an individual is not disqualified from owning or possessing a
22firearm under State or federal law. The Secretary shall report
23the findings of this study 12 months after the effective date
24of this amendatory Act of the 92nd General Assembly.
25    (c-5) If a person qualifies for a photograph exemption, in
26lieu of a photograph, the Firearm Owner's Identification Card

 

 

SB2037- 1353 -LRB102 17120 WGH 22551 b

1shall contain a copy of the card holder's fingerprints. Each
2Firearm Owner's Identification Card described in this
3subsection (c-5) must have printed on it the following: "This
4card is only valid for firearm purchases through a federally
5licensed firearms dealer when presented with photographic
6identification, as prescribed by 18 U.S.C. 922(t)(1)(C)."
7(Source: P.A. 97-1131, eff. 1-1-13.)
 
8    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
9    Sec. 8. Grounds for denial and revocation. The Illinois
10Department of State Police has authority to deny an
11application for or to revoke and seize a Firearm Owner's
12Identification Card previously issued under this Act only if
13the Department finds that the applicant or the person to whom
14such card was issued is or was at the time of issuance:
15        (a) A person under 21 years of age who has been
16    convicted of a misdemeanor other than a traffic offense or
17    adjudged delinquent;
18        (b) This subsection (b) applies through the 180th day
19    following the effective date of this amendatory Act of the
20    101st General Assembly. A person under 21 years of age who
21    does not have the written consent of his parent or
22    guardian to acquire and possess firearms and firearm
23    ammunition, or whose parent or guardian has revoked such
24    written consent, or where such parent or guardian does not
25    qualify to have a Firearm Owner's Identification Card;

 

 

SB2037- 1354 -LRB102 17120 WGH 22551 b

1        (b-5) This subsection (b-5) applies on and after the
2    181st day following the effective date of this amendatory
3    Act of the 101st General Assembly. A person under 21 years
4    of age who is not an active duty member of the United
5    States Armed Forces and does not have the written consent
6    of his or her parent or guardian to acquire and possess
7    firearms and firearm ammunition, or whose parent or
8    guardian has revoked such written consent, or where such
9    parent or guardian does not qualify to have a Firearm
10    Owner's Identification Card;
11        (c) A person convicted of a felony under the laws of
12    this or any other jurisdiction;
13        (d) A person addicted to narcotics;
14        (e) A person who has been a patient of a mental health
15    facility within the past 5 years or a person who has been a
16    patient in a mental health facility more than 5 years ago
17    who has not received the certification required under
18    subsection (u) of this Section. An active law enforcement
19    officer employed by a unit of government who is denied,
20    revoked, or has his or her Firearm Owner's Identification
21    Card seized under this subsection (e) may obtain relief as
22    described in subsection (c-5) of Section 10 of this Act if
23    the officer did not act in a manner threatening to the
24    officer, another person, or the public as determined by
25    the treating clinical psychologist or physician, and the
26    officer seeks mental health treatment;

 

 

SB2037- 1355 -LRB102 17120 WGH 22551 b

1        (f) A person whose mental condition is of such a
2    nature that it poses a clear and present danger to the
3    applicant, any other person or persons or the community;
4        (g) A person who has an intellectual disability;
5        (h) A person who intentionally makes a false statement
6    in the Firearm Owner's Identification Card application;
7        (i) An alien who is unlawfully present in the United
8    States under the laws of the United States;
9        (i-5) An alien who has been admitted to the United
10    States under a non-immigrant visa (as that term is defined
11    in Section 101(a)(26) of the Immigration and Nationality
12    Act (8 U.S.C. 1101(a)(26))), except that this subsection
13    (i-5) does not apply to any alien who has been lawfully
14    admitted to the United States under a non-immigrant visa
15    if that alien is:
16            (1) admitted to the United States for lawful
17        hunting or sporting purposes;
18            (2) an official representative of a foreign
19        government who is:
20                (A) accredited to the United States Government
21            or the Government's mission to an international
22            organization having its headquarters in the United
23            States; or
24                (B) en route to or from another country to
25            which that alien is accredited;
26            (3) an official of a foreign government or

 

 

SB2037- 1356 -LRB102 17120 WGH 22551 b

1        distinguished foreign visitor who has been so
2        designated by the Department of State;
3            (4) a foreign law enforcement officer of a
4        friendly foreign government entering the United States
5        on official business; or
6            (5) one who has received a waiver from the
7        Attorney General of the United States pursuant to 18
8        U.S.C. 922(y)(3);
9        (j) (Blank);
10        (k) A person who has been convicted within the past 5
11    years of battery, assault, aggravated assault, violation
12    of an order of protection, or a substantially similar
13    offense in another jurisdiction, in which a firearm was
14    used or possessed;
15        (l) A person who has been convicted of domestic
16    battery, aggravated domestic battery, or a substantially
17    similar offense in another jurisdiction committed before,
18    on or after January 1, 2012 (the effective date of Public
19    Act 97-158). If the applicant or person who has been
20    previously issued a Firearm Owner's Identification Card
21    under this Act knowingly and intelligently waives the
22    right to have an offense described in this paragraph (l)
23    tried by a jury, and by guilty plea or otherwise, results
24    in a conviction for an offense in which a domestic
25    relationship is not a required element of the offense but
26    in which a determination of the applicability of 18 U.S.C.

 

 

SB2037- 1357 -LRB102 17120 WGH 22551 b

1    922(g)(9) is made under Section 112A-11.1 of the Code of
2    Criminal Procedure of 1963, an entry by the court of a
3    judgment of conviction for that offense shall be grounds
4    for denying an application for and for revoking and
5    seizing a Firearm Owner's Identification Card previously
6    issued to the person under this Act;
7        (m) (Blank);
8        (n) A person who is prohibited from acquiring or
9    possessing firearms or firearm ammunition by any Illinois
10    State statute or by federal law;
11        (o) A minor subject to a petition filed under Section
12    5-520 of the Juvenile Court Act of 1987 alleging that the
13    minor is a delinquent minor for the commission of an
14    offense that if committed by an adult would be a felony;
15        (p) An adult who had been adjudicated a delinquent
16    minor under the Juvenile Court Act of 1987 for the
17    commission of an offense that if committed by an adult
18    would be a felony;
19        (q) A person who is not a resident of the State of
20    Illinois, except as provided in subsection (a-10) of
21    Section 4;
22        (r) A person who has been adjudicated as a person with
23    a mental disability;
24        (s) A person who has been found to have a
25    developmental disability;
26        (t) A person involuntarily admitted into a mental

 

 

SB2037- 1358 -LRB102 17120 WGH 22551 b

1    health facility; or
2        (u) A person who has had his or her Firearm Owner's
3    Identification Card revoked or denied under subsection (e)
4    of this Section or item (iv) of paragraph (2) of
5    subsection (a) of Section 4 of this Act because he or she
6    was a patient in a mental health facility as provided in
7    subsection (e) of this Section, shall not be permitted to
8    obtain a Firearm Owner's Identification Card, after the
9    5-year period has lapsed, unless he or she has received a
10    mental health evaluation by a physician, clinical
11    psychologist, or qualified examiner as those terms are
12    defined in the Mental Health and Developmental
13    Disabilities Code, and has received a certification that
14    he or she is not a clear and present danger to himself,
15    herself, or others. The physician, clinical psychologist,
16    or qualified examiner making the certification and his or
17    her employer shall not be held criminally, civilly, or
18    professionally liable for making or not making the
19    certification required under this subsection, except for
20    willful or wanton misconduct. This subsection does not
21    apply to a person whose firearm possession rights have
22    been restored through administrative or judicial action
23    under Section 10 or 11 of this Act.
24    Upon revocation of a person's Firearm Owner's
25Identification Card, the Illinois Department of State Police
26shall provide notice to the person and the person shall comply

 

 

SB2037- 1359 -LRB102 17120 WGH 22551 b

1with Section 9.5 of this Act.
2(Source: P.A. 101-80, eff. 7-12-19.)
 
3    (430 ILCS 65/8.1)  (from Ch. 38, par. 83-8.1)
4    Sec. 8.1. Notifications to the Illinois Department of
5State Police.
6    (a) The Circuit Clerk shall, in the form and manner
7required by the Supreme Court, notify the Illinois Department
8of State Police of all final dispositions of cases for which
9the Department has received information reported to it under
10Sections 2.1 and 2.2 of the Criminal Identification Act.
11    (b) Upon adjudication of any individual as a person with a
12mental disability as defined in Section 1.1 of this Act or a
13finding that a person has been involuntarily admitted, the
14court shall direct the circuit court clerk to immediately
15notify the Illinois Department of State Police, Firearm
16Owner's Identification (FOID) department, and shall forward a
17copy of the court order to the Department.
18    (b-1) Beginning July 1, 2016, and each July 1 and December
1930 of every year thereafter, the circuit court clerk shall, in
20the form and manner prescribed by the Illinois Department of
21State Police, notify the Illinois Department of State Police,
22Firearm Owner's Identification (FOID) department if the court
23has not directed the circuit court clerk to notify the
24Illinois Department of State Police, Firearm Owner's
25Identification (FOID) department under subsection (b) of this

 

 

SB2037- 1360 -LRB102 17120 WGH 22551 b

1Section, within the preceding 6 months, because no person has
2been adjudicated as a person with a mental disability by the
3court as defined in Section 1.1 of this Act or if no person has
4been involuntarily admitted. The Supreme Court may adopt any
5orders or rules necessary to identify the persons who shall be
6reported to the Illinois Department of State Police under
7subsection (b), or any other orders or rules necessary to
8implement the requirements of this Act.
9    (c) The Department of Human Services shall, in the form
10and manner prescribed by the Illinois Department of State
11Police, report all information collected under subsection (b)
12of Section 12 of the Mental Health and Developmental
13Disabilities Confidentiality Act for the purpose of
14determining whether a person who may be or may have been a
15patient in a mental health facility is disqualified under
16State or federal law from receiving or retaining a Firearm
17Owner's Identification Card, or purchasing a weapon.
18    (d) If a person is determined to pose a clear and present
19danger to himself, herself, or to others:
20        (1) by a physician, clinical psychologist, or
21    qualified examiner, or is determined to have a
22    developmental disability by a physician, clinical
23    psychologist, or qualified examiner, whether employed by
24    the State or privately, then the physician, clinical
25    psychologist, or qualified examiner shall, within 24 hours
26    of making the determination, notify the Department of

 

 

SB2037- 1361 -LRB102 17120 WGH 22551 b

1    Human Services that the person poses a clear and present
2    danger or has a developmental disability; or
3        (2) by a law enforcement official or school
4    administrator, then the law enforcement official or school
5    administrator shall, within 24 hours of making the
6    determination, notify the Illinois Department of State
7    Police that the person poses a clear and present danger.
8    The Department of Human Services shall immediately update
9its records and information relating to mental health and
10developmental disabilities, and if appropriate, shall notify
11the Illinois Department of State Police in a form and manner
12prescribed by the Illinois Department of State Police. The
13Illinois Department of State Police shall determine whether to
14revoke the person's Firearm Owner's Identification Card under
15Section 8 of this Act. Any information disclosed under this
16subsection shall remain privileged and confidential, and shall
17not be redisclosed, except as required under subsection (e) of
18Section 3.1 of this Act, nor used for any other purpose. The
19method of providing this information shall guarantee that the
20information is not released beyond what is necessary for the
21purpose of this Section and shall be provided by rule by the
22Department of Human Services. The identity of the person
23reporting under this Section shall not be disclosed to the
24subject of the report. The physician, clinical psychologist,
25qualified examiner, law enforcement official, or school
26administrator making the determination and his or her employer

 

 

SB2037- 1362 -LRB102 17120 WGH 22551 b

1shall not be held criminally, civilly, or professionally
2liable for making or not making the notification required
3under this subsection, except for willful or wanton
4misconduct.
5    (e) The Illinois Department of State Police shall adopt
6rules to implement this Section.
7(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13;
899-143, eff. 7-27-15; 99-696, eff. 7-29-16.)
 
9    (430 ILCS 65/8.2)
10    Sec. 8.2. Firearm Owner's Identification Card denial or
11revocation. The Illinois Department of State Police shall deny
12an application or shall revoke and seize a Firearm Owner's
13Identification Card previously issued under this Act if the
14Department finds that the applicant or person to whom such
15card was issued is or was at the time of issuance subject to an
16existing order of protection or firearms restraining order.
17(Source: P.A. 100-607, eff. 1-1-19.)
 
18    (430 ILCS 65/8.3)
19    Sec. 8.3. Suspension of Firearm Owner's Identification
20Card. The Illinois Department of State Police may, by rule in a
21manner consistent with the Department's rules concerning
22revocation, provide for the suspension of the Firearm Owner's
23Identification Card of a person whose Firearm Owner's
24Identification Card is subject to revocation and seizure under

 

 

SB2037- 1363 -LRB102 17120 WGH 22551 b

1this Act for the duration of the disqualification if the
2disqualification is not a permanent grounds for revocation of
3a Firearm Owner's Identification Card under this Act.
4(Source: P.A. 100-607, eff. 1-1-19; 100-906, eff. 1-1-19.)
 
5    (430 ILCS 65/9.5)
6    Sec. 9.5. Revocation of Firearm Owner's Identification
7Card.
8    (a) A person who receives a revocation notice under
9Section 9 of this Act shall, within 48 hours of receiving
10notice of the revocation:
11        (1) surrender his or her Firearm Owner's
12    Identification Card to the local law enforcement agency
13    where the person resides. The local law enforcement agency
14    shall provide the person a receipt and transmit the
15    Firearm Owner's Identification Card to the Illinois
16    Department of State Police; and
17        (2) complete a Firearm Disposition Record on a form
18    prescribed by the Illinois Department of State Police and
19    place his or her firearms in the location or with the
20    person reported in the Firearm Disposition Record. The
21    form shall require the person to disclose:
22            (A) the make, model, and serial number of each
23        firearm owned by or under the custody and control of
24        the revoked person;
25            (B) the location where each firearm will be

 

 

SB2037- 1364 -LRB102 17120 WGH 22551 b

1        maintained during the prohibited term; and
2            (C) if any firearm will be transferred to the
3        custody of another person, the name, address and
4        Firearm Owner's Identification Card number of the
5        transferee.
6    (b) The local law enforcement agency shall provide a copy
7of the Firearm Disposition Record to the person whose Firearm
8Owner's Identification Card has been revoked and to the
9Illinois Department of State Police.
10    (c) If the person whose Firearm Owner's Identification
11Card has been revoked fails to comply with the requirements of
12this Section, the sheriff or law enforcement agency where the
13person resides may petition the circuit court to issue a
14warrant to search for and seize the Firearm Owner's
15Identification Card and firearms in the possession or under
16the custody or control of the person whose Firearm Owner's
17Identification Card has been revoked.
18    (d) A violation of subsection (a) of this Section is a
19Class A misdemeanor.
20    (e) The observation of a Firearm Owner's Identification
21Card in the possession of a person whose Firearm Owner's
22Identification Card has been revoked constitutes a sufficient
23basis for the arrest of that person for violation of this
24Section.
25    (f) Within 30 days after the effective date of this
26amendatory Act of the 98th General Assembly, the Illinois

 

 

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1Department of State Police shall provide written notice of the
2requirements of this Section to persons whose Firearm Owner's
3Identification Cards have been revoked, suspended, or expired
4and who have failed to surrender their cards to the
5Department.
6    (g) A person whose Firearm Owner's Identification Card has
7been revoked and who received notice under subsection (f)
8shall comply with the requirements of this Section within 48
9hours of receiving notice.
10(Source: P.A. 98-63, eff. 7-9-13.)
 
11    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
12    Sec. 10. Appeal to director; hearing; relief from firearm
13prohibitions.
14    (a) Whenever an application for a Firearm Owner's
15Identification Card is denied, whenever the Department fails
16to act on an application within 30 days of its receipt, or
17whenever such a Card is revoked or seized as provided for in
18Section 8 of this Act, the aggrieved party may appeal to the
19Director of the Illinois State Police for a hearing upon such
20denial, revocation or seizure, unless the denial, revocation,
21or seizure was based upon a forcible felony, stalking,
22aggravated stalking, domestic battery, any violation of the
23Illinois Controlled Substances Act, the Methamphetamine
24Control and Community Protection Act, or the Cannabis Control
25Act that is classified as a Class 2 or greater felony, any

 

 

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1felony violation of Article 24 of the Criminal Code of 1961 or
2the Criminal Code of 2012, or any adjudication as a delinquent
3minor for the commission of an offense that if committed by an
4adult would be a felony, in which case the aggrieved party may
5petition the circuit court in writing in the county of his or
6her residence for a hearing upon such denial, revocation, or
7seizure.
8    (b) At least 30 days before any hearing in the circuit
9court, the petitioner shall serve the relevant State's
10Attorney with a copy of the petition. The State's Attorney may
11object to the petition and present evidence. At the hearing
12the court shall determine whether substantial justice has been
13done. Should the court determine that substantial justice has
14not been done, the court shall issue an order directing the
15Illinois Department of State Police to issue a Card. However,
16the court shall not issue the order if the petitioner is
17otherwise prohibited from obtaining, possessing, or using a
18firearm under federal law.
19    (c) Any person prohibited from possessing a firearm under
20Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
21acquiring a Firearm Owner's Identification Card under Section
228 of this Act may apply to the Director of the Illinois State
23Police or petition the circuit court in the county where the
24petitioner resides, whichever is applicable in accordance with
25subsection (a) of this Section, requesting relief from such
26prohibition and the Director or court may grant such relief if

 

 

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1it is established by the applicant to the court's or
2Director's satisfaction that:
3        (0.05) when in the circuit court, the State's Attorney
4    has been served with a written copy of the petition at
5    least 30 days before any such hearing in the circuit court
6    and at the hearing the State's Attorney was afforded an
7    opportunity to present evidence and object to the
8    petition;
9        (1) the applicant has not been convicted of a forcible
10    felony under the laws of this State or any other
11    jurisdiction within 20 years of the applicant's
12    application for a Firearm Owner's Identification Card, or
13    at least 20 years have passed since the end of any period
14    of imprisonment imposed in relation to that conviction;
15        (2) the circumstances regarding a criminal conviction,
16    where applicable, the applicant's criminal history and his
17    reputation are such that the applicant will not be likely
18    to act in a manner dangerous to public safety;
19        (3) granting relief would not be contrary to the
20    public interest; and
21        (4) granting relief would not be contrary to federal
22    law.
23    (c-5) (1) An active law enforcement officer employed by a
24unit of government, who is denied, revoked, or has his or her
25Firearm Owner's Identification Card seized under subsection
26(e) of Section 8 of this Act may apply to the Director of the

 

 

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1Illinois State Police requesting relief if the officer did not
2act in a manner threatening to the officer, another person, or
3the public as determined by the treating clinical psychologist
4or physician, and as a result of his or her work is referred by
5the employer for or voluntarily seeks mental health evaluation
6or treatment by a licensed clinical psychologist,
7psychiatrist, or qualified examiner, and:
8        (A) the officer has not received treatment
9    involuntarily at a mental health facility, regardless of
10    the length of admission; or has not been voluntarily
11    admitted to a mental health facility for more than 30 days
12    and not for more than one incident within the past 5 years;
13    and
14        (B) the officer has not left the mental institution
15    against medical advice.
16    (2) The Director of the Illinois State Police shall grant
17expedited relief to active law enforcement officers described
18in paragraph (1) of this subsection (c-5) upon a determination
19by the Director that the officer's possession of a firearm
20does not present a threat to themselves, others, or public
21safety. The Director shall act on the request for relief
22within 30 business days of receipt of:
23        (A) a notarized statement from the officer in the form
24    prescribed by the Director detailing the circumstances
25    that led to the hospitalization;
26        (B) all documentation regarding the admission,

 

 

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1    evaluation, treatment and discharge from the treating
2    licensed clinical psychologist or psychiatrist of the
3    officer;
4        (C) a psychological fitness for duty evaluation of the
5    person completed after the time of discharge; and
6        (D) written confirmation in the form prescribed by the
7    Director from the treating licensed clinical psychologist
8    or psychiatrist that the provisions set forth in paragraph
9    (1) of this subsection (c-5) have been met, the person
10    successfully completed treatment, and their professional
11    opinion regarding the person's ability to possess
12    firearms.
13    (3) Officers eligible for the expedited relief in
14paragraph (2) of this subsection (c-5) have the burden of
15proof on eligibility and must provide all information
16required. The Director may not consider granting expedited
17relief until the proof and information is received.
18    (4) "Clinical psychologist", "psychiatrist", and
19"qualified examiner" shall have the same meaning as provided
20in Chapter I of the Mental Health and Developmental
21Disabilities Code.
22    (c-10) (1) An applicant, who is denied, revoked, or has
23his or her Firearm Owner's Identification Card seized under
24subsection (e) of Section 8 of this Act based upon a
25determination of a developmental disability or an intellectual
26disability may apply to the Director of the Illinois State

 

 

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1Police requesting relief.
2    (2) The Director shall act on the request for relief
3within 60 business days of receipt of written certification,
4in the form prescribed by the Director, from a physician or
5clinical psychologist, or qualified examiner, that the
6aggrieved party's developmental disability or intellectual
7disability condition is determined by a physician, clinical
8psychologist, or qualified to be mild. If a fact-finding
9conference is scheduled to obtain additional information
10concerning the circumstances of the denial or revocation, the
1160 business days the Director has to act shall be tolled until
12the completion of the fact-finding conference.
13    (3) The Director may grant relief if the aggrieved party's
14developmental disability or intellectual disability is mild as
15determined by a physician, clinical psychologist, or qualified
16examiner and it is established by the applicant to the
17Director's satisfaction that:
18        (A) granting relief would not be contrary to the
19    public interest; and
20        (B) granting relief would not be contrary to federal
21    law.
22    (4) The Director may not grant relief if the condition is
23determined by a physician, clinical psychologist, or qualified
24examiner to be moderate, severe, or profound.
25    (5) The changes made to this Section by this amendatory
26Act of the 99th General Assembly apply to requests for relief

 

 

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1pending on or before the effective date of this amendatory
2Act, except that the 60-day period for the Director to act on
3requests pending before the effective date shall begin on the
4effective date of this amendatory Act.
5    (d) When a minor is adjudicated delinquent for an offense
6which if committed by an adult would be a felony, the court
7shall notify the Illinois Department of State Police.
8    (e) The court shall review the denial of an application or
9the revocation of a Firearm Owner's Identification Card of a
10person who has been adjudicated delinquent for an offense that
11if committed by an adult would be a felony if an application
12for relief has been filed at least 10 years after the
13adjudication of delinquency and the court determines that the
14applicant should be granted relief from disability to obtain a
15Firearm Owner's Identification Card. If the court grants
16relief, the court shall notify the Illinois Department of
17State Police that the disability has been removed and that the
18applicant is eligible to obtain a Firearm Owner's
19Identification Card.
20    (f) Any person who is subject to the disabilities of 18
21U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
22of 1968 because of an adjudication or commitment that occurred
23under the laws of this State or who was determined to be
24subject to the provisions of subsections (e), (f), or (g) of
25Section 8 of this Act may apply to the Illinois Department of
26State Police requesting relief from that prohibition. The

 

 

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1Director shall grant the relief if it is established by a
2preponderance of the evidence that the person will not be
3likely to act in a manner dangerous to public safety and that
4granting relief would not be contrary to the public interest.
5In making this determination, the Director shall receive
6evidence concerning (i) the circumstances regarding the
7firearms disabilities from which relief is sought; (ii) the
8petitioner's mental health and criminal history records, if
9any; (iii) the petitioner's reputation, developed at a minimum
10through character witness statements, testimony, or other
11character evidence; and (iv) changes in the petitioner's
12condition or circumstances since the disqualifying events
13relevant to the relief sought. If relief is granted under this
14subsection or by order of a court under this Section, the
15Director shall as soon as practicable but in no case later than
1615 business days, update, correct, modify, or remove the
17person's record in any database that the Illinois Department
18of State Police makes available to the National Instant
19Criminal Background Check System and notify the United States
20Attorney General that the basis for the record being made
21available no longer applies. The Illinois Department of State
22Police shall adopt rules for the administration of this
23Section.
24(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78,
25eff. 7-20-15.)
 

 

 

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1    (430 ILCS 65/11)  (from Ch. 38, par. 83-11)
2    Sec. 11. Judicial review of final administrative
3decisions.
4    (a) All final administrative decisions of the Department
5under this Act, except final administrative decisions of the
6Director of the Illinois State Police to deny a person's
7application for relief under subsection (f) of Section 10 of
8this Act, shall be subject to judicial review under the
9provisions of the Administrative Review Law, and all
10amendments and modifications thereof, and the rules adopted
11pursuant thereto. The term "administrative decision" is
12defined as in Section 3-101 of the Code of Civil Procedure.
13    (b) Any final administrative decision by the Director of
14the Illinois State Police to deny a person's application for
15relief under subsection (f) of Section 10 of this Act is
16subject to de novo judicial review by the circuit court, and
17any party may offer evidence that is otherwise proper and
18admissible without regard to whether that evidence is part of
19the administrative record.
20    (c) The Director of the Illinois State Police shall submit
21a report to the General Assembly on March 1 of each year,
22beginning March 1, 1991, listing all final decisions by a
23court of this State upholding, reversing, or reversing in part
24any administrative decision made by the Illinois Department of
25State Police.
26(Source: P.A. 97-1131, eff. 1-1-13.)
 

 

 

SB2037- 1374 -LRB102 17120 WGH 22551 b

1    (430 ILCS 65/13.1)  (from Ch. 38, par. 83-13.1)
2    Sec. 13.1. Preemption.
3    (a) Except as otherwise provided in the Firearm Concealed
4Carry Act and subsections (b) and (c) of this Section, the
5provisions of any ordinance enacted by any municipality which
6requires registration or imposes greater restrictions or
7limitations on the acquisition, possession and transfer of
8firearms than are imposed by this Act, are not invalidated or
9affected by this Act.
10    (b) Notwithstanding subsection (a) of this Section, the
11regulation, licensing, possession, and registration of
12handguns and ammunition for a handgun, and the transportation
13of any firearm and ammunition by a holder of a valid Firearm
14Owner's Identification Card issued by the Illinois Department
15of State Police under this Act are exclusive powers and
16functions of this State. Any ordinance or regulation, or
17portion of that ordinance or regulation, enacted on or before
18the effective date of this amendatory Act of the 98th General
19Assembly that purports to impose regulations or restrictions
20on a holder of a valid Firearm Owner's Identification Card
21issued by the Illinois Department of State Police under this
22Act in a manner that is inconsistent with this Act, on the
23effective date of this amendatory Act of the 98th General
24Assembly, shall be invalid in its application to a holder of a
25valid Firearm Owner's Identification Card issued by the

 

 

SB2037- 1375 -LRB102 17120 WGH 22551 b

1Illinois Department of State Police under this Act.
2    (c) Notwithstanding subsection (a) of this Section, the
3regulation of the possession or ownership of assault weapons
4are exclusive powers and functions of this State. Any
5ordinance or regulation, or portion of that ordinance or
6regulation, that purports to regulate the possession or
7ownership of assault weapons in a manner that is inconsistent
8with this Act, shall be invalid unless the ordinance or
9regulation is enacted on, before, or within 10 days after the
10effective date of this amendatory Act of the 98th General
11Assembly. Any ordinance or regulation described in this
12subsection (c) enacted more than 10 days after the effective
13date of this amendatory Act of the 98th General Assembly is
14invalid. An ordinance enacted on, before, or within 10 days
15after the effective date of this amendatory Act of the 98th
16General Assembly may be amended. The enactment or amendment of
17ordinances under this subsection (c) are subject to the
18submission requirements of Section 13.3. For the purposes of
19this subsection, "assault weapons" means firearms designated
20by either make or model or by a test or list of cosmetic
21features that cumulatively would place the firearm into a
22definition of "assault weapon" under the ordinance.
23    (d) For the purposes of this Section, "handgun" has the
24meaning ascribed to it in Section 5 of the Firearm Concealed
25Carry Act.
26    (e) This Section is a denial and limitation of home rule

 

 

SB2037- 1376 -LRB102 17120 WGH 22551 b

1powers and functions under subsection (h) of Section 6 of
2Article VII of the Illinois Constitution.
3(Source: P.A. 98-63, eff. 7-9-13.)
 
4    (430 ILCS 65/13.2)  (from Ch. 38, par. 83-13.2)
5    Sec. 13.2. Renewal; name or address change; replacement
6card. The Illinois Department of State Police shall, 60 days
7prior to the expiration of a Firearm Owner's Identification
8Card, forward by first class mail to each person whose card is
9to expire a notification of the expiration of the card and
10instructions for renewal. It is the obligation of the holder
11of a Firearm Owner's Identification Card to notify the
12Illinois Department of State Police of any address change
13since the issuance of the Firearm Owner's Identification Card.
14Whenever any person moves from the residence address named on
15his or her card, the person shall within 21 calendar days
16thereafter notify in a form and manner prescribed by the
17Department of his or her old and new residence addresses and
18the card number held by him or her. Any person whose legal name
19has changed from the name on the card that he or she has been
20previously issued must apply for a corrected card within 30
21calendar days after the change. The cost for a corrected card
22shall be $5. The cost for replacement of a card which has been
23lost, destroyed, or stolen shall be $5 if the loss,
24destruction, or theft of the card is reported to the Illinois
25Department of State Police. The fees collected under this

 

 

SB2037- 1377 -LRB102 17120 WGH 22551 b

1Section shall be deposited into the State Police Firearm
2Services Fund.
3(Source: P.A. 100-906, eff. 1-1-19.)
 
4    (430 ILCS 65/13.3)
5    Sec. 13.3. Municipal ordinance submission. Within 6 months
6after the effective date of this amendatory Act of the 92nd
7General Assembly, every municipality must submit to the
8Illinois Department of State Police a copy of every ordinance
9adopted by the municipality that regulates the acquisition,
10possession, sale, or transfer of firearms within the
11municipality and must submit, 30 days after adoption, every
12such ordinance adopted after its initial submission of
13ordinances under this Section. The Illinois Department of
14State Police shall compile these ordinances and publish them
15in a form available to the public free of charge and shall
16periodically update this compilation of ordinances in a manner
17prescribed by the Director of the Illinois State Police.
18(Source: P.A. 92-238, eff. 8-3-01.)
 
19    (430 ILCS 65/15a)  (from Ch. 38, par. 83-15a)
20    Sec. 15a. When this amendatory Act enacted by the
21Seventy-Sixth General Assembly takes effect the records of the
22Department of Public Safety relating to the administration of
23the Act amended shall be transferred to the Illinois
24Department of State Police. All Firearm Owner's Identification

 

 

SB2037- 1378 -LRB102 17120 WGH 22551 b

1Cards issued by the Department of Public Safety shall be valid
2for the period for which they were issued unless revoked or
3seized in the manner provided in the Act amended. The Illinois
4Department of State Police as the successor to the Department
5of Public Safety shall have the rights, powers and duties
6provided in, and be subject to the provisions of Sections
75-95, 5-700, and 5-705 of the Departments of State Government
8Law (20 ILCS 5/5-95, 5/5-700, and 5/5-705).
9(Source: P.A. 91-239, eff. 1-1-00.)
 
10    (430 ILCS 65/15b)
11    Sec. 15b. Certified abstracts. Any certified abstract
12issued by the Director of the Illinois State Police or
13transmitted electronically by the Director of the Illinois
14State Police under this Section to a court or on request of a
15law enforcement agency for the record of a named person as to
16the status of the person's Firearm Owner's Identification Card
17is prima facie evidence of the facts stated in the certified
18abstract and if the name appearing in the abstract is the same
19as that of a person named in an information or warrant, the
20abstract is prima facie evidence that the person named in the
21information or warrant is the same person as the person named
22in the abstract and is admissible for any prosecution under
23this Act or any other applicable violation of law and may be
24admitted as proof of any prior conviction or proof of records,
25notices, or orders recorded on individual Firearm Owner's

 

 

SB2037- 1379 -LRB102 17120 WGH 22551 b

1Identification Card records maintained by the Illinois
2Department of State Police.
3(Source: P.A. 92-839, eff. 8-22-02.)
 
4    Section 870. The Firearm Concealed Carry Act is amended by
5changing Sections 5, 10, 15, 20, 25, 30, 35, 40, 45, 50, 55,
665, 70, 75, 80, 87, 95, and 105 as follows:
 
7    (430 ILCS 66/5)
8    Sec. 5. Definitions. As used in this Act:
9    "Applicant" means a person who is applying for a license
10to carry a concealed firearm under this Act.
11    "Board" means the Concealed Carry Licensing Review Board.
12    "Concealed firearm" means a loaded or unloaded handgun
13carried on or about a person completely or mostly concealed
14from view of the public or on or about a person within a
15vehicle.
16    "Department" means the Department of State Police.
17    "Director" means the Director of the Illinois State
18Police.
19    "Handgun" means any device which is designed to expel a
20projectile or projectiles by the action of an explosion,
21expansion of gas, or escape of gas that is designed to be held
22and fired by the use of a single hand. "Handgun" does not
23include:
24        (1) a stun gun or taser;

 

 

SB2037- 1380 -LRB102 17120 WGH 22551 b

1        (2) a machine gun as defined in item (i) of paragraph
2    (7) of subsection (a) of Section 24-1 of the Criminal Code
3    of 2012;
4        (3) a short-barreled rifle or shotgun as defined in
5    item (ii) of paragraph (7) of subsection (a) of Section
6    24-1 of the Criminal Code of 2012; or
7        (4) any pneumatic gun, spring gun, paint ball gun, or
8    B-B gun which expels a single globular projectile not
9    exceeding .18 inch in diameter, or which has a maximum
10    muzzle velocity of less than 700 feet per second, or which
11    expels breakable paint balls containing washable marking
12    colors.
13    "Law enforcement agency" means any federal, State, or
14local law enforcement agency, including offices of State's
15Attorneys and the Office of the Attorney General.
16    "License" means a license issued by the Illinois
17Department of State Police to carry a concealed handgun.
18    "Licensee" means a person issued a license to carry a
19concealed handgun.
20    "Municipality" has the meaning ascribed to it in Section 1
21of Article VII of the Illinois Constitution.
22    "Unit of local government" has the meaning ascribed to it
23in Section 1 of Article VII of the Illinois Constitution.
24(Source: P.A. 98-63, eff. 7-9-13.)
 
25    (430 ILCS 66/10)

 

 

SB2037- 1381 -LRB102 17120 WGH 22551 b

1    Sec. 10. Issuance of licenses to carry a concealed
2firearm.
3    (a) The Illinois State Police Department shall issue a
4license to carry a concealed firearm under this Act to an
5applicant who:
6        (1) meets the qualifications of Section 25 of this
7    Act;
8        (2) has provided the application and documentation
9    required in Section 30 of this Act;
10        (3) has submitted the requisite fees; and
11        (4) does not pose a danger to himself, herself, or
12    others, or a threat to public safety as determined by the
13    Concealed Carry Licensing Review Board in accordance with
14    Section 20.
15    (b) The Illinois State Police Department shall issue a
16renewal, corrected, or duplicate license as provided in this
17Act.
18    (c) A license shall be valid throughout the State for a
19period of 5 years from the date of issuance. A license shall
20permit the licensee to:
21        (1) carry a loaded or unloaded concealed firearm,
22    fully concealed or partially concealed, on or about his or
23    her person; and
24        (2) keep or carry a loaded or unloaded concealed
25    firearm on or about his or her person within a vehicle.
26    (d) The Illinois State Police Department shall make

 

 

SB2037- 1382 -LRB102 17120 WGH 22551 b

1applications for a license available no later than 180 days
2after the effective date of this Act. The Illinois State
3Police Department shall establish rules for the availability
4and submission of applications in accordance with this Act.
5    (e) An application for a license submitted to the Illinois
6State Police Department that contains all the information and
7materials required by this Act, including the requisite fee,
8shall be deemed completed. Except as otherwise provided in
9this Act, no later than 90 days after receipt of a completed
10application, the Illinois State Police Department shall issue
11or deny the applicant a license.
12    (f) The Illinois State Police Department shall deny the
13applicant a license if the applicant fails to meet the
14requirements under this Act or the Illinois State Police
15Department receives a determination from the Board that the
16applicant is ineligible for a license. The Illinois State
17Police Department must notify the applicant stating the
18grounds for the denial. The notice of denial must inform the
19applicant of his or her right to an appeal through
20administrative and judicial review.
21    (g) A licensee shall possess a license at all times the
22licensee carries a concealed firearm except:
23        (1) when the licensee is carrying or possessing a
24    concealed firearm on his or her land or in his or her
25    abode, legal dwelling, or fixed place of business, or on
26    the land or in the legal dwelling of another person as an

 

 

SB2037- 1383 -LRB102 17120 WGH 22551 b

1    invitee with that person's permission;
2        (2) when the person is authorized to carry a firearm
3    under Section 24-2 of the Criminal Code of 2012, except
4    subsection (a-5) of that Section; or
5        (3) when the handgun is broken down in a
6    non-functioning state, is not immediately accessible, or
7    is unloaded and enclosed in a case.
8    (h) If an officer of a law enforcement agency initiates an
9investigative stop, including but not limited to a traffic
10stop, of a licensee or a non-resident carrying a concealed
11firearm under subsection (e) of Section 40 of this Act, upon
12the request of the officer the licensee or non-resident shall
13disclose to the officer that he or she is in possession of a
14concealed firearm under this Act, or present the license upon
15the request of the officer if he or she is a licensee or
16present upon the request of the officer evidence under
17paragraph (2) of subsection (e) of Section 40 of this Act that
18he or she is a non-resident qualified to carry under that
19subsection. The disclosure requirement under this subsection
20(h) is satisfied if the licensee presents his or her license to
21the officer or the non-resident presents to the officer
22evidence under paragraph (2) of subsection (e) of Section 40
23of this Act that he or she is qualified to carry under that
24subsection. Upon the request of the officer, the licensee or
25non-resident shall also identify the location of the concealed
26firearm and permit the officer to safely secure the firearm

 

 

SB2037- 1384 -LRB102 17120 WGH 22551 b

1for the duration of the investigative stop. During a traffic
2stop, any passenger within the vehicle who is a licensee or a
3non-resident carrying under subsection (e) of Section 40 of
4this Act must comply with the requirements of this subsection
5(h).
6    (h-1) If a licensee carrying a firearm or a non-resident
7carrying a firearm in a vehicle under subsection (e) of
8Section 40 of this Act is contacted by a law enforcement
9officer or emergency services personnel, the law enforcement
10officer or emergency services personnel may secure the firearm
11or direct that it be secured during the duration of the contact
12if the law enforcement officer or emergency services personnel
13determines that it is necessary for the safety of any person
14present, including the law enforcement officer or emergency
15services personnel. The licensee or nonresident shall submit
16to the order to secure the firearm. When the law enforcement
17officer or emergency services personnel have determined that
18the licensee or non-resident is not a threat to the safety of
19any person present, including the law enforcement officer or
20emergency services personnel, and if the licensee or
21non-resident is physically and mentally capable of possessing
22the firearm, the law enforcement officer or emergency services
23personnel shall return the firearm to the licensee or
24non-resident before releasing him or her from the scene and
25breaking contact. If the licensee or non-resident is
26transported for treatment to another location, the firearm

 

 

SB2037- 1385 -LRB102 17120 WGH 22551 b

1shall be turned over to any peace officer. The peace officer
2shall provide a receipt which includes the make, model,
3caliber, and serial number of the firearm.
4    (i) The Illinois State Police Department shall maintain a
5database of license applicants and licensees. The database
6shall be available to all federal, State, and local law
7enforcement agencies, State's Attorneys, the Attorney General,
8and authorized court personnel. Within 180 days after the
9effective date of this Act, the database shall be searchable
10and provide all information included in the application,
11including the applicant's previous addresses within the 10
12years prior to the license application and any information
13related to violations of this Act. No law enforcement agency,
14State's Attorney, Attorney General, or member or staff of the
15judiciary shall provide any information to a requester who is
16not entitled to it by law.
17    (j) No later than 10 days after receipt of a completed
18application, the Illinois State Police Department shall enter
19the relevant information about the applicant into the database
20under subsection (i) of this Section which is accessible by
21law enforcement agencies.
22(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29,
23eff. 7-10-15.)
 
24    (430 ILCS 66/15)
25    Sec. 15. Objections by law enforcement agencies.

 

 

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1    (a) Any law enforcement agency may submit an objection to
2a license applicant based upon a reasonable suspicion that the
3applicant is a danger to himself or herself or others, or a
4threat to public safety. The objection shall be made by the
5chief law enforcement officer of the law enforcement agency,
6or his or her designee, and must include any information
7relevant to the objection. If a law enforcement agency submits
8an objection within 30 days after the entry of an applicant
9into the database, the Illinois State Police Department shall
10submit the objection and all information available to the
11Board under State and federal law related to the application
12to the Board within 10 days of completing all necessary
13background checks.
14    (b) If an applicant has 5 or more arrests for any reason,
15that have been entered into the Criminal History Records
16Information (CHRI) System, within the 7 years preceding the
17date of application for a license, or has 3 or more arrests
18within the 7 years preceding the date of application for a
19license for any combination of gang-related offenses, the
20Illinois State Police Department shall object and submit the
21applicant's arrest record to the extent the Board is allowed
22to receive that information under State and federal law, the
23application materials, and any additional information
24submitted by a law enforcement agency to the Board. For
25purposes of this subsection, "gang-related offense" is an
26offense described in Section 12-6.4, Section 24-1.8, Section

 

 

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125-5, Section 33-4, or Section 33G-4, or in paragraph (1) of
2subsection (a) of Section 12-6.2, paragraph (2) of subsection
3(b) of Section 16-30, paragraph (2) of subsection (b) of
4Section 31-4, or item (iii) of paragraph (1.5) of subsection
5(i) of Section 48-1 of the Criminal Code of 2012.
6    (c) The referral of an objection under this Section to the
7Board shall toll the 90-day period for the Illinois State
8Police Department to issue or deny the applicant a license
9under subsection (e) of Section 10 of this Act, during the
10period of review and until the Board issues its decision.
11    (d) If no objection is made by a law enforcement agency or
12the Illinois State Police Department under this Section, the
13Illinois State Police Department shall process the application
14in accordance with this Act.
15(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
 
16    (430 ILCS 66/20)
17    Sec. 20. Concealed Carry Licensing Review Board.
18    (a) There is hereby created within the Illinois Department
19of State Police a Concealed Carry Licensing Review Board to
20consider any objection to an applicant's eligibility to obtain
21a license under this Act submitted by a law enforcement agency
22or the Illinois State Police Department under Section 15 of
23this Act. The Board shall consist of 7 commissioners to be
24appointed by the Governor, with the advice and consent of the
25Senate, with 3 commissioners residing within the First

 

 

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1Judicial District and one commissioner residing within each of
2the 4 remaining Judicial Districts. No more than 4
3commissioners shall be members of the same political party.
4The Governor shall designate one commissioner as the
5Chairperson. The Board shall consist of:
6        (1) one commissioner with at least 5 years of service
7    as a federal judge;
8        (2) 2 commissioners with at least 5 years of
9    experience serving as an attorney with the United States
10    Department of Justice;
11        (3) 3 commissioners with at least 5 years of
12    experience as a federal agent or employee with
13    investigative experience or duties related to criminal
14    justice under the United States Department of Justice,
15    Drug Enforcement Administration, Department of Homeland
16    Security, or Federal Bureau of Investigation; and
17        (4) one member with at least 5 years of experience as a
18    licensed physician or clinical psychologist with expertise
19    in the diagnosis and treatment of mental illness.
20    (b) The initial terms of the commissioners shall end on
21January 12, 2015. Thereafter, the commissioners shall hold
22office for 4 years, with terms expiring on the second Monday in
23January of the fourth year. Commissioners may be reappointed.
24Vacancies in the office of commissioner shall be filled in the
25same manner as the original appointment, for the remainder of
26the unexpired term. The Governor may remove a commissioner for

 

 

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1incompetence, neglect of duty, malfeasance, or inability to
2serve. Commissioners shall receive compensation in an amount
3equal to the compensation of members of the Executive Ethics
4Commission and may be reimbursed for reasonable expenses
5actually incurred in the performance of their Board duties,
6from funds appropriated for that purpose.
7    (c) The Board shall meet at the call of the chairperson as
8often as necessary to consider objections to applications for
9a license under this Act. If necessary to ensure the
10participation of a commissioner, the Board shall allow a
11commissioner to participate in a Board meeting by electronic
12communication. Any commissioner participating electronically
13shall be deemed present for purposes of establishing a quorum
14and voting.
15    (d) The Board shall adopt rules for the review of
16objections and the conduct of hearings. The Board shall
17maintain a record of its decisions and all materials
18considered in making its decisions. All Board decisions and
19voting records shall be kept confidential and all materials
20considered by the Board shall be exempt from inspection except
21upon order of a court.
22    (e) In considering an objection of a law enforcement
23agency or the Illinois State Police Department, the Board
24shall review the materials received with the objection from
25the law enforcement agency or the Illinois State Police
26Department. By a vote of at least 4 commissioners, the Board

 

 

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1may request additional information from the law enforcement
2agency, Illinois State Police Department, or the applicant, or
3the testimony of the law enforcement agency, Illinois State
4Police Department, or the applicant. The Board may require
5that the applicant submit electronic fingerprints to the
6Illinois State Police Department for an updated background
7check where the Board determines it lacks sufficient
8information to determine eligibility. The Board may only
9consider information submitted by the Illinois State Police
10Department, a law enforcement agency, or the applicant. The
11Board shall review each objection and determine by a majority
12of commissioners whether an applicant is eligible for a
13license.
14    (f) The Board shall issue a decision within 30 days of
15receipt of the objection from the Illinois State Police
16Department. However, the Board need not issue a decision
17within 30 days if:
18        (1) the Board requests information from the applicant,
19    including but not limited to electronic fingerprints to be
20    submitted to the Illinois State Police Department, in
21    accordance with subsection (e) of this Section, in which
22    case the Board shall make a decision within 30 days of
23    receipt of the required information from the applicant;
24        (2) the applicant agrees, in writing, to allow the
25    Board additional time to consider an objection; or
26        (3) the Board notifies the applicant and the Illinois

 

 

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1    State Police Department that the Board needs an additional
2    30 days to issue a decision.
3    (g) If the Board determines by a preponderance of the
4evidence that the applicant poses a danger to himself or
5herself or others, or is a threat to public safety, then the
6Board shall affirm the objection of the law enforcement agency
7or the Illinois State Police Department and shall notify the
8Illinois State Police Department that the applicant is
9ineligible for a license. If the Board does not determine by a
10preponderance of the evidence that the applicant poses a
11danger to himself or herself or others, or is a threat to
12public safety, then the Board shall notify the Illinois State
13Police Department that the applicant is eligible for a
14license.
15    (h) Meetings of the Board shall not be subject to the Open
16Meetings Act and records of the Board shall not be subject to
17the Freedom of Information Act.
18    (i) The Board shall report monthly to the Governor and the
19General Assembly on the number of objections received and
20provide details of the circumstances in which the Board has
21determined to deny licensure based on law enforcement or
22Illinois State Police Department objections under Section 15
23of this Act. The report shall not contain any identifying
24information about the applicants.
25(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
 

 

 

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1    (430 ILCS 66/25)
2    Sec. 25. Qualifications for a license.
3    The Illinois State Police Department shall issue a license
4to an applicant completing an application in accordance with
5Section 30 of this Act if the person:
6        (1) is at least 21 years of age;
7        (2) has a currently valid Firearm Owner's
8    Identification Card and at the time of application meets
9    the requirements for the issuance of a Firearm Owner's
10    Identification Card and is not prohibited under the
11    Firearm Owners Identification Card Act or federal law from
12    possessing or receiving a firearm;
13        (3) has not been convicted or found guilty in this
14    State or in any other state of:
15            (A) a misdemeanor involving the use or threat of
16        physical force or violence to any person within the 5
17        years preceding the date of the license application;
18        or
19            (B) 2 or more violations related to driving while
20        under the influence of alcohol, other drug or drugs,
21        intoxicating compound or compounds, or any combination
22        thereof, within the 5 years preceding the date of the
23        license application;
24        (4) is not the subject of a pending arrest warrant,
25    prosecution, or proceeding for an offense or action that
26    could lead to disqualification to own or possess a

 

 

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1    firearm;
2        (5) has not been in residential or court-ordered
3    treatment for alcoholism, alcohol detoxification, or drug
4    treatment within the 5 years immediately preceding the
5    date of the license application; and
6        (6) has completed firearms training and any education
7    component required under Section 75 of this Act.
8(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
9    (430 ILCS 66/30)
10    Sec. 30. Contents of license application.
11    (a) The license application shall be in writing, under
12penalty of perjury, on a standard form adopted by the Illinois
13State Police Department and shall be accompanied by the
14documentation required in this Section and the applicable fee.
15Each application form shall include the following statement
16printed in bold type: "Warning: Entering false information on
17this form is punishable as perjury under Section 32-2 of the
18Criminal Code of 2012."
19    (b) The application shall contain the following:
20        (1) the applicant's name, current address, date and
21    year of birth, place of birth, height, weight, hair color,
22    eye color, maiden name or any other name the applicant has
23    used or identified with, and any address where the
24    applicant resided for more than 30 days within the 10
25    years preceding the date of the license application;

 

 

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1        (2) the applicant's valid driver's license number or
2    valid state identification card number;
3        (3) a waiver of the applicant's privacy and
4    confidentiality rights and privileges under all federal
5    and state laws, including those limiting access to
6    juvenile court, criminal justice, psychological, or
7    psychiatric records or records relating to any
8    institutionalization of the applicant, and an affirmative
9    request that a person having custody of any of these
10    records provide it or information concerning it to the
11    Illinois State Police Department. The waiver only applies
12    to records sought in connection with determining whether
13    the applicant qualifies for a license to carry a concealed
14    firearm under this Act, or whether the applicant remains
15    in compliance with the Firearm Owners Identification Card
16    Act;
17        (4) an affirmation that the applicant possesses a
18    currently valid Firearm Owner's Identification Card and
19    card number if possessed or notice the applicant is
20    applying for a Firearm Owner's Identification Card in
21    conjunction with the license application;
22        (5) an affirmation that the applicant has not been
23    convicted or found guilty of:
24            (A) a felony;
25            (B) a misdemeanor involving the use or threat of
26        physical force or violence to any person within the 5

 

 

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1        years preceding the date of the application; or
2            (C) 2 or more violations related to driving while
3        under the influence of alcohol, other drug or drugs,
4        intoxicating compound or compounds, or any combination
5        thereof, within the 5 years preceding the date of the
6        license application; and
7        (6) whether the applicant has failed a drug test for a
8    drug for which the applicant did not have a prescription,
9    within the previous year, and if so, the provider of the
10    test, the specific substance involved, and the date of the
11    test;
12        (7) written consent for the Illinois State Police
13    Department to review and use the applicant's Illinois
14    digital driver's license or Illinois identification card
15    photograph and signature;
16        (8) a full set of fingerprints submitted to the
17    Illinois State Police Department in electronic format,
18    provided the Illinois State Police Department may accept
19    an application submitted without a set of fingerprints in
20    which case the Illinois State Police Department shall be
21    granted 30 days in addition to the 90 days provided under
22    subsection (e) of Section 10 of this Act to issue or deny a
23    license;
24        (9) a head and shoulder color photograph in a size
25    specified by the Illinois State Police Department taken
26    within the 30 days preceding the date of the license

 

 

SB2037- 1396 -LRB102 17120 WGH 22551 b

1    application; and
2        (10) a photocopy of any certificates or other evidence
3    of compliance with the training requirements under this
4    Act.
5(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
6    (430 ILCS 66/35)
7    Sec. 35. Investigation of the applicant.
8    The Illinois State Police Department shall conduct a
9background check of the applicant to ensure compliance with
10the requirements of this Act and all federal, State, and local
11laws. The background check shall include a search of the
12following:
13        (1) the National Instant Criminal Background Check
14    System of the Federal Bureau of Investigation;
15        (2) all available state and local criminal history
16    record information files, including records of juvenile
17    adjudications;
18        (3) all available federal, state, and local records
19    regarding wanted persons;
20        (4) all available federal, state, and local records of
21    domestic violence restraining and protective orders;
22        (5) the files of the Department of Human Services
23    relating to mental health and developmental disabilities;
24    and
25        (6) all other available records of a federal, state,

 

 

SB2037- 1397 -LRB102 17120 WGH 22551 b

1    or local agency or other public entity in any jurisdiction
2    likely to contain information relevant to whether the
3    applicant is prohibited from purchasing, possessing, or
4    carrying a firearm under federal, state, or local law.
5    Fingerprints collected under Section 30 shall be checked
6against the Illinois Department of State Police and Federal
7Bureau of Investigation criminal history record databases now
8and hereafter filed. The Illinois State Police Department
9shall charge applicants a fee for conducting the criminal
10history records check, which shall be deposited in the State
11Police Services Fund and shall not exceed the actual cost of
12the records check.
13(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
14    (430 ILCS 66/40)
15    Sec. 40. Non-resident license applications.
16    (a) For the purposes of this Section, "non-resident" means
17a person who has not resided within this State for more than 30
18days and resides in another state or territory.
19    (b) The Illinois State Police Department shall by rule
20allow for non-resident license applications from any state or
21territory of the United States with laws related to firearm
22ownership, possession, and carrying, that are substantially
23similar to the requirements to obtain a license under this
24Act.
25    (c) A resident of a state or territory approved by the

 

 

SB2037- 1398 -LRB102 17120 WGH 22551 b

1Illinois State Police Department under subsection (b) of this
2Section may apply for a non-resident license. The applicant
3shall apply to the Illinois State Police Department and must
4meet all of the qualifications established in Section 25 of
5this Act, except for the Illinois residency requirement in
6item (xiv) of paragraph (2) of subsection (a) of Section 4 of
7the Firearm Owners Identification Card Act. The applicant
8shall submit:
9        (1) the application and documentation required under
10    Section 30 of this Act and the applicable fee;
11        (2) a notarized document stating that the applicant:
12            (A) is eligible under federal law and the laws of
13        his or her state or territory of residence to own or
14        possess a firearm;
15            (B) if applicable, has a license or permit to
16        carry a firearm or concealed firearm issued by his or
17        her state or territory of residence and attach a copy
18        of the license or permit to the application;
19            (C) understands Illinois laws pertaining to the
20        possession and transport of firearms; and
21            (D) acknowledges that the applicant is subject to
22        the jurisdiction of the Illinois State Police
23        Department and Illinois courts for any violation of
24        this Act;
25        (3) a photocopy of any certificates or other evidence
26    of compliance with the training requirements under Section

 

 

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1    75 of this Act; and
2        (4) a head and shoulder color photograph in a size
3    specified by the Illinois State Police Department taken
4    within the 30 days preceding the date of the application.
5    (d) In lieu of an Illinois driver's license or Illinois
6identification card, a non-resident applicant shall provide
7similar documentation from his or her state or territory of
8residence. In lieu of a valid Firearm Owner's Identification
9Card, the applicant shall submit documentation and information
10required by the Illinois State Police Department to obtain a
11Firearm Owner's Identification Card, including an affidavit
12that the non-resident meets the mental health standards to
13obtain a firearm under Illinois law, and the Illinois State
14Police Department shall ensure that the applicant would meet
15the eligibility criteria to obtain a Firearm Owner's
16Identification card if he or she was a resident of this State.
17    (e) Nothing in this Act shall prohibit a non-resident from
18transporting a concealed firearm within his or her vehicle in
19Illinois, if the concealed firearm remains within his or her
20vehicle and the non-resident:
21        (1) is not prohibited from owning or possessing a
22    firearm under federal law;
23        (2) is eligible to carry a firearm in public under the
24    laws of his or her state or territory of residence, as
25    evidenced by the possession of a concealed carry license
26    or permit issued by his or her state of residence, if

 

 

SB2037- 1400 -LRB102 17120 WGH 22551 b

1    applicable; and
2        (3) is not in possession of a license under this Act.
3    If the non-resident leaves his or her vehicle unattended,
4he or she shall store the firearm within a locked vehicle or
5locked container within the vehicle in accordance with
6subsection (b) of Section 65 of this Act.
7(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
8eff. 7-20-15.)
 
9    (430 ILCS 66/45)
10    Sec. 45. Civil immunity; Board, employees, and agents. The
11Board, Illinois State Police Department, local law enforcement
12agency, or the employees and agents of the Board, Illinois
13State Police Department, or local law enforcement agency
14participating in the licensing process under this Act shall
15not be held liable for damages in any civil action arising from
16alleged wrongful or improper granting, denying, renewing,
17revoking, suspending, or failing to grant, deny, renew,
18revoke, or suspend a license under this Act, except for
19willful or wanton misconduct.
20(Source: P.A. 98-63, eff. 7-9-13.)
 
21    (430 ILCS 66/50)
22    Sec. 50. License renewal.
23    (a) This subsection (a) applies through the 180th day
24following the effective date of this amendatory Act of the

 

 

SB2037- 1401 -LRB102 17120 WGH 22551 b

1101st General Assembly. Applications for renewal of a license
2shall be made to the Illinois State Police Department. A
3license shall be renewed for a period of 5 years upon receipt
4of a completed renewal application, completion of 3 hours of
5training required under Section 75 of this Act, payment of the
6applicable renewal fee, and completion of an investigation
7under Section 35 of this Act. The renewal application shall
8contain the information required in Section 30 of this Act,
9except that the applicant need not resubmit a full set of
10fingerprints.
11    (b) This subsection (b) applies on and after the 181st day
12following the effective date of this amendatory Act of the
13101st General Assembly. Applications for renewal of a license
14shall be made to the Illinois State Police Department. A
15license shall be renewed for a period of 5 years from the date
16of expiration on the applicant's current license upon the
17receipt of a completed renewal application, completion of 3
18hours of training required under Section 75 of this Act,
19payment of the applicable renewal fee, and completion of an
20investigation under Section 35 of this Act. The renewal
21application shall contain the information required in Section
2230 of this Act, except that the applicant need not resubmit a
23full set of fingerprints.
24(Source: P.A. 101-80, eff. 7-12-19.)
 
25    (430 ILCS 66/55)

 

 

SB2037- 1402 -LRB102 17120 WGH 22551 b

1    Sec. 55. Change of address or name; lost, destroyed, or
2stolen licenses.
3    (a) A licensee shall notify the Illinois State Police
4Department within 30 days of moving or changing residence or
5any change of name. The licensee shall submit the requisite
6fee and the Illinois State Police Department may require a
7notarized statement that the licensee has changed his or her
8residence or his or her name, including the prior and current
9address or name and the date the applicant moved or changed his
10or her name.
11    (b) A licensee shall notify the Illinois State Police
12Department within 10 days of discovering that a license has
13been lost, destroyed, or stolen. A lost, destroyed, or stolen
14license is invalid. To request a replacement license, the
15licensee shall submit:
16        (1) a notarized statement that the licensee no longer
17    possesses the license, and that it was lost, destroyed, or
18    stolen;
19        (2) if applicable, a copy of a police report stating
20    that the license was stolen; and
21        (3) the requisite fee.
22    (c) A violation of this Section is a petty offense with a
23fine of $150 which shall be deposited into the Mental Health
24Reporting Fund.
25(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 

 

 

SB2037- 1403 -LRB102 17120 WGH 22551 b

1    (430 ILCS 66/65)
2    Sec. 65. Prohibited areas.
3    (a) A licensee under this Act shall not knowingly carry a
4firearm on or into:
5        (1) Any building, real property, and parking area
6    under the control of a public or private elementary or
7    secondary school.
8        (2) Any building, real property, and parking area
9    under the control of a pre-school or child care facility,
10    including any room or portion of a building under the
11    control of a pre-school or child care facility. Nothing in
12    this paragraph shall prevent the operator of a child care
13    facility in a family home from owning or possessing a
14    firearm in the home or license under this Act, if no child
15    under child care at the home is present in the home or the
16    firearm in the home is stored in a locked container when a
17    child under child care at the home is present in the home.
18        (3) Any building, parking area, or portion of a
19    building under the control of an officer of the executive
20    or legislative branch of government, provided that nothing
21    in this paragraph shall prohibit a licensee from carrying
22    a concealed firearm onto the real property, bikeway, or
23    trail in a park regulated by the Department of Natural
24    Resources or any other designated public hunting area or
25    building where firearm possession is permitted as
26    established by the Department of Natural Resources under

 

 

SB2037- 1404 -LRB102 17120 WGH 22551 b

1    Section 1.8 of the Wildlife Code.
2        (4) Any building designated for matters before a
3    circuit court, appellate court, or the Supreme Court, or
4    any building or portion of a building under the control of
5    the Supreme Court.
6        (5) Any building or portion of a building under the
7    control of a unit of local government.
8        (6) Any building, real property, and parking area
9    under the control of an adult or juvenile detention or
10    correctional institution, prison, or jail.
11        (7) Any building, real property, and parking area
12    under the control of a public or private hospital or
13    hospital affiliate, mental health facility, or nursing
14    home.
15        (8) Any bus, train, or form of transportation paid for
16    in whole or in part with public funds, and any building,
17    real property, and parking area under the control of a
18    public transportation facility paid for in whole or in
19    part with public funds.
20        (9) Any building, real property, and parking area
21    under the control of an establishment that serves alcohol
22    on its premises, if more than 50% of the establishment's
23    gross receipts within the prior 3 months is from the sale
24    of alcohol. The owner of an establishment who knowingly
25    fails to prohibit concealed firearms on its premises as
26    provided in this paragraph or who knowingly makes a false

 

 

SB2037- 1405 -LRB102 17120 WGH 22551 b

1    statement or record to avoid the prohibition on concealed
2    firearms under this paragraph is subject to the penalty
3    under subsection (c-5) of Section 10-1 of the Liquor
4    Control Act of 1934.
5        (10) Any public gathering or special event conducted
6    on property open to the public that requires the issuance
7    of a permit from the unit of local government, provided
8    this prohibition shall not apply to a licensee who must
9    walk through a public gathering in order to access his or
10    her residence, place of business, or vehicle.
11        (11) Any building or real property that has been
12    issued a Special Event Retailer's license as defined in
13    Section 1-3.17.1 of the Liquor Control Act during the time
14    designated for the sale of alcohol by the Special Event
15    Retailer's license, or a Special use permit license as
16    defined in subsection (q) of Section 5-1 of the Liquor
17    Control Act during the time designated for the sale of
18    alcohol by the Special use permit license.
19        (12) Any public playground.
20        (13) Any public park, athletic area, or athletic
21    facility under the control of a municipality or park
22    district, provided nothing in this Section shall prohibit
23    a licensee from carrying a concealed firearm while on a
24    trail or bikeway if only a portion of the trail or bikeway
25    includes a public park.
26        (14) Any real property under the control of the Cook

 

 

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1    County Forest Preserve District.
2        (15) Any building, classroom, laboratory, medical
3    clinic, hospital, artistic venue, athletic venue,
4    entertainment venue, officially recognized
5    university-related organization property, whether owned or
6    leased, and any real property, including parking areas,
7    sidewalks, and common areas under the control of a public
8    or private community college, college, or university.
9        (16) Any building, real property, or parking area
10    under the control of a gaming facility licensed under the
11    Illinois Gambling Act or the Illinois Horse Racing Act of
12    1975, including an inter-track wagering location licensee.
13        (17) Any stadium, arena, or the real property or
14    parking area under the control of a stadium, arena, or any
15    collegiate or professional sporting event.
16        (18) Any building, real property, or parking area
17    under the control of a public library.
18        (19) Any building, real property, or parking area
19    under the control of an airport.
20        (20) Any building, real property, or parking area
21    under the control of an amusement park.
22        (21) Any building, real property, or parking area
23    under the control of a zoo or museum.
24        (22) Any street, driveway, parking area, property,
25    building, or facility, owned, leased, controlled, or used
26    by a nuclear energy, storage, weapons, or development site

 

 

SB2037- 1407 -LRB102 17120 WGH 22551 b

1    or facility regulated by the federal Nuclear Regulatory
2    Commission. The licensee shall not under any circumstance
3    store a firearm or ammunition in his or her vehicle or in a
4    compartment or container within a vehicle located anywhere
5    in or on the street, driveway, parking area, property,
6    building, or facility described in this paragraph.
7        (23) Any area where firearms are prohibited under
8    federal law.
9    (a-5) Nothing in this Act shall prohibit a public or
10private community college, college, or university from:
11        (1) prohibiting persons from carrying a firearm within
12    a vehicle owned, leased, or controlled by the college or
13    university;
14        (2) developing resolutions, regulations, or policies
15    regarding student, employee, or visitor misconduct and
16    discipline, including suspension and expulsion;
17        (3) developing resolutions, regulations, or policies
18    regarding the storage or maintenance of firearms, which
19    must include designated areas where persons can park
20    vehicles that carry firearms; and
21        (4) permitting the carrying or use of firearms for the
22    purpose of instruction and curriculum of officially
23    recognized programs, including but not limited to military
24    science and law enforcement training programs, or in any
25    designated area used for hunting purposes or target
26    shooting.

 

 

SB2037- 1408 -LRB102 17120 WGH 22551 b

1    (a-10) The owner of private real property of any type may
2prohibit the carrying of concealed firearms on the property
3under his or her control. The owner must post a sign in
4accordance with subsection (d) of this Section indicating that
5firearms are prohibited on the property, unless the property
6is a private residence.
7    (b) Notwithstanding subsections (a), (a-5), and (a-10) of
8this Section except under paragraph (22) or (23) of subsection
9(a), any licensee prohibited from carrying a concealed firearm
10into the parking area of a prohibited location specified in
11subsection (a), (a-5), or (a-10) of this Section shall be
12permitted to carry a concealed firearm on or about his or her
13person within a vehicle into the parking area and may store a
14firearm or ammunition concealed in a case within a locked
15vehicle or locked container out of plain view within the
16vehicle in the parking area. A licensee may carry a concealed
17firearm in the immediate area surrounding his or her vehicle
18within a prohibited parking lot area only for the limited
19purpose of storing or retrieving a firearm within the
20vehicle's trunk. For purposes of this subsection, "case"
21includes a glove compartment or console that completely
22encloses the concealed firearm or ammunition, the trunk of the
23vehicle, or a firearm carrying box, shipping box, or other
24container.
25    (c) A licensee shall not be in violation of this Section
26while he or she is traveling along a public right of way that

 

 

SB2037- 1409 -LRB102 17120 WGH 22551 b

1touches or crosses any of the premises under subsection (a),
2(a-5), or (a-10) of this Section if the concealed firearm is
3carried on his or her person in accordance with the provisions
4of this Act or is being transported in a vehicle by the
5licensee in accordance with all other applicable provisions of
6law.
7    (d) Signs stating that the carrying of firearms is
8prohibited shall be clearly and conspicuously posted at the
9entrance of a building, premises, or real property specified
10in this Section as a prohibited area, unless the building or
11premises is a private residence. Signs shall be of a uniform
12design as established by the Illinois State Police Department
13and shall be 4 inches by 6 inches in size. The Illinois State
14Police Department shall adopt rules for standardized signs to
15be used under this subsection.
16(Source: P.A. 101-31, eff. 6-28-19.)
 
17    (430 ILCS 66/70)
18    Sec. 70. Violations.
19    (a) A license issued or renewed under this Act shall be
20revoked if, at any time, the licensee is found to be ineligible
21for a license under this Act or the licensee no longer meets
22the eligibility requirements of the Firearm Owners
23Identification Card Act.
24    (b) A license shall be suspended if an order of
25protection, including an emergency order of protection,

 

 

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1plenary order of protection, or interim order of protection
2under Article 112A of the Code of Criminal Procedure of 1963 or
3under the Illinois Domestic Violence Act of 1986, or if a
4firearms restraining order, including an emergency firearms
5restraining order, under the Firearms Restraining Order Act,
6is issued against a licensee for the duration of the order, or
7if the Illinois State Police Department is made aware of a
8similar order issued against the licensee in any other
9jurisdiction. If an order of protection is issued against a
10licensee, the licensee shall surrender the license, as
11applicable, to the court at the time the order is entered or to
12the law enforcement agency or entity serving process at the
13time the licensee is served the order. The court, law
14enforcement agency, or entity responsible for serving the
15order of protection shall notify the Illinois State Police
16Department within 7 days and transmit the license to the
17Illinois State Police Department.
18    (c) A license is invalid upon expiration of the license,
19unless the licensee has submitted an application to renew the
20license, and the applicant is otherwise eligible to possess a
21license under this Act.
22    (d) A licensee shall not carry a concealed firearm while
23under the influence of alcohol, other drug or drugs,
24intoxicating compound or combination of compounds, or any
25combination thereof, under the standards set forth in
26subsection (a) of Section 11-501 of the Illinois Vehicle Code.

 

 

SB2037- 1411 -LRB102 17120 WGH 22551 b

1    A licensee in violation of this subsection (d) shall be
2guilty of a Class A misdemeanor for a first or second violation
3and a Class 4 felony for a third violation. The Illinois State
4Police Department may suspend a license for up to 6 months for
5a second violation and shall permanently revoke a license for
6a third violation.
7    (e) Except as otherwise provided, a licensee in violation
8of this Act shall be guilty of a Class B misdemeanor. A second
9or subsequent violation is a Class A misdemeanor. The Illinois
10State Police Department may suspend a license for up to 6
11months for a second violation and shall permanently revoke a
12license for 3 or more violations of Section 65 of this Act. Any
13person convicted of a violation under this Section shall pay a
14$150 fee to be deposited into the Mental Health Reporting
15Fund, plus any applicable court costs or fees.
16    (f) A licensee convicted or found guilty of a violation of
17this Act who has a valid license and is otherwise eligible to
18carry a concealed firearm shall only be subject to the
19penalties under this Section and shall not be subject to the
20penalties under Section 21-6, paragraph (4), (8), or (10) of
21subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
22of paragraph (3) of subsection (a) of Section 24-1.6 of the
23Criminal Code of 2012. Except as otherwise provided in this
24subsection, nothing in this subsection prohibits the licensee
25from being subjected to penalties for violations other than
26those specified in this Act.

 

 

SB2037- 1412 -LRB102 17120 WGH 22551 b

1    (g) A licensee whose license is revoked, suspended, or
2denied shall, within 48 hours of receiving notice of the
3revocation, suspension, or denial, surrender his or her
4concealed carry license to the local law enforcement agency
5where the person resides. The local law enforcement agency
6shall provide the licensee a receipt and transmit the
7concealed carry license to the Illinois Department of State
8Police. If the licensee whose concealed carry license has been
9revoked, suspended, or denied fails to comply with the
10requirements of this subsection, the law enforcement agency
11where the person resides may petition the circuit court to
12issue a warrant to search for and seize the concealed carry
13license in the possession and under the custody or control of
14the licensee whose concealed carry license has been revoked,
15suspended, or denied. The observation of a concealed carry
16license in the possession of a person whose license has been
17revoked, suspended, or denied constitutes a sufficient basis
18for the arrest of that person for violation of this
19subsection. A violation of this subsection is a Class A
20misdemeanor.
21    (h) A license issued or renewed under this Act shall be
22revoked if, at any time, the licensee is found ineligible for a
23Firearm Owner's Identification Card, or the licensee no longer
24possesses a valid Firearm Owner's Identification Card. A
25licensee whose license is revoked under this subsection (h)
26shall surrender his or her concealed carry license as provided

 

 

SB2037- 1413 -LRB102 17120 WGH 22551 b

1for in subsection (g) of this Section.
2    This subsection shall not apply to a person who has filed
3an application with the Illinois State Police for renewal of a
4Firearm Owner's Identification Card and who is not otherwise
5ineligible to obtain a Firearm Owner's Identification Card.
6    (i) A certified firearms instructor who knowingly provides
7or offers to provide a false certification that an applicant
8has completed firearms training as required under this Act is
9guilty of a Class A misdemeanor. A person guilty of a violation
10of this subsection (i) is not eligible for court supervision.
11The Illinois State Police Department shall permanently revoke
12the firearms instructor certification of a person convicted
13under this subsection (i).
14(Source: P.A. 100-607, eff. 1-1-19.)
 
15    (430 ILCS 66/75)
16    Sec. 75. Applicant firearm training.
17    (a) Within 60 days of the effective date of this Act, the
18Illinois State Police Department shall begin approval of
19firearm training courses and shall make a list of approved
20courses available on the Illinois State Police's Department's
21website.
22    (b) An applicant for a new license shall provide proof of
23completion of a firearms training course or combination of
24courses approved by the Illinois State Police Department of at
25least 16 hours, which includes range qualification time under

 

 

SB2037- 1414 -LRB102 17120 WGH 22551 b

1subsection (c) of this Section, that covers the following:
2        (1) firearm safety;
3        (2) the basic principles of marksmanship;
4        (3) care, cleaning, loading, and unloading of a
5    concealable firearm;
6        (4) all applicable State and federal laws relating to
7    the ownership, storage, carry, and transportation of a
8    firearm; and
9        (5) instruction on the appropriate and lawful
10    interaction with law enforcement while transporting or
11    carrying a concealed firearm.
12    (c) An applicant for a new license shall provide proof of
13certification by a certified instructor that the applicant
14passed a live fire exercise with a concealable firearm
15consisting of:
16        (1) a minimum of 30 rounds; and
17        (2) 10 rounds from a distance of 5 yards; 10 rounds
18    from a distance of 7 yards; and 10 rounds from a distance
19    of 10 yards at a B-27 silhouette target approved by the
20    Illinois State Police Department.
21    (d) An applicant for renewal of a license shall provide
22proof of completion of a firearms training course or
23combination of courses approved by the Illinois State Police
24Department of at least 3 hours.
25    (e) A certificate of completion for an applicant's firearm
26training course shall not be issued to a student who:

 

 

SB2037- 1415 -LRB102 17120 WGH 22551 b

1        (1) does not follow the orders of the certified
2    firearms instructor;
3        (2) in the judgment of the certified instructor,
4    handles a firearm in a manner that poses a danger to the
5    student or to others; or
6        (3) during the range firing portion of testing fails
7    to hit the target with 70% of the rounds fired.
8    (f) An instructor shall maintain a record of each
9student's performance for at least 5 years, and shall make all
10records available upon demand of authorized personnel of the
11Illinois State Police Department.
12    (g) The Illinois State Police Department and certified
13firearms instructors shall recognize up to 8 hours of training
14already completed toward the 16 hour training requirement
15under this Section if the training course is submitted to and
16approved by the Illinois State Police Department. Any
17remaining hours that the applicant completes must at least
18cover the classroom subject matter of paragraph (4) of
19subsection (b) of this Section, and the range qualification in
20subsection (c) of this Section.
21    (h) A person who has qualified to carry a firearm as an
22active law enforcement or corrections officer, who has
23successfully completed firearms training as required by his or
24her law enforcement agency and is authorized by his or her
25agency to carry a firearm; a person currently certified as a
26firearms instructor by this Act or by the Illinois Law

 

 

SB2037- 1416 -LRB102 17120 WGH 22551 b

1Enforcement Training Standards Board; or a person who has
2completed the required training and has been issued a firearm
3control card by the Department of Financial and Professional
4Regulation shall be exempt from the requirements of this
5Section.
6    (i) The Illinois State Police Department and certified
7firearms instructors shall recognize 8 hours of training as
8completed toward the 16 hour training requirement under this
9Section, if the applicant is an active, retired, or honorably
10discharged member of the United States Armed Forces. Any
11remaining hours that the applicant completes must at least
12cover the classroom subject matter of paragraph (4) of
13subsection (b) of this Section, and the range qualification in
14subsection (c) of this Section.
15    (j) The Illinois State Police Department and certified
16firearms instructors shall recognize up to 8 hours of training
17already completed toward the 16 hour training requirement
18under this Section if the training course is approved by the
19Illinois State Police Department and was completed in
20connection with the applicant's previous employment as a law
21enforcement or corrections officer. Any remaining hours that
22the applicant completes must at least cover the classroom
23subject matter of paragraph (4) of subsection (b) of this
24Section, and the range qualification in subsection (c) of this
25Section. A former law enforcement or corrections officer
26seeking credit under this subsection (j) shall provide

 

 

SB2037- 1417 -LRB102 17120 WGH 22551 b

1evidence that he or she separated from employment in good
2standing from each law enforcement agency where he or she was
3employed. An applicant who was discharged from a law
4enforcement agency for misconduct or disciplinary reasons is
5not eligible for credit under this subsection (j).
6(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
 
7    (430 ILCS 66/80)
8    Sec. 80. Certified firearms instructors.
9    (a) Within 60 days of the effective date of this Act, the
10Illinois State Police Department shall begin approval of
11certified firearms instructors and enter certified firearms
12instructors into an online registry on the Illinois State
13Police's Department's website.
14    (b) A person who is not a certified firearms instructor
15shall not teach applicant training courses or advertise or
16otherwise represent courses they teach as qualifying their
17students to meet the requirements to receive a license under
18this Act. Each violation of this subsection is a business
19offense with a fine of at least $1,000 per violation.
20    (c) A person seeking to become a certified firearms
21instructor shall:
22        (1) be at least 21 years of age;
23        (2) be a legal resident of the United States; and
24        (3) meet the requirements of Section 25 of this Act,
25    except for the Illinois residency requirement in item

 

 

SB2037- 1418 -LRB102 17120 WGH 22551 b

1    (xiv) of paragraph (2) of subsection (a) of Section 4 of
2    the Firearm Owners Identification Card Act; and any
3    additional uniformly applied requirements established by
4    the Illinois State Police Department.
5    (d) A person seeking to become a certified firearms
6instructor, in addition to the requirements of subsection (c)
7of this Section, shall:
8        (1) possess a high school diploma or high school
9    equivalency certificate; and
10        (2) have at least one of the following valid firearms
11    instructor certifications:
12            (A) certification from a law enforcement agency;
13            (B) certification from a firearm instructor course
14        offered by a State or federal governmental agency;
15            (C) certification from a firearm instructor
16        qualification course offered by the Illinois Law
17        Enforcement Training Standards Board; or
18            (D) certification from an entity approved by the
19        Illinois State Police Department that offers firearm
20        instructor education and training in the use and
21        safety of firearms.
22    (e) A person may have his or her firearms instructor
23certification denied or revoked if he or she does not meet the
24requirements to obtain a license under this Act, provides
25false or misleading information to the Illinois State Police
26Department, or has had a prior instructor certification

 

 

SB2037- 1419 -LRB102 17120 WGH 22551 b

1revoked or denied by the Illinois State Police Department.
2(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13;
398-718, eff. 1-1-15.)
 
4    (430 ILCS 66/87)
5    Sec. 87. Administrative and judicial review.
6    (a) Whenever an application for a concealed carry license
7is denied, whenever the Illinois State Police Department fails
8to act on an application within 90 days of its receipt, or
9whenever a license is revoked or suspended as provided in this
10Act, the aggrieved party may appeal to the Director for a
11hearing upon the denial, revocation, suspension, or failure to
12act on the application, unless the denial was made by the
13Concealed Carry Licensing Review Board, in which case the
14aggrieved party may petition the circuit court in writing in
15the county of his or her residence for a hearing upon the
16denial.
17    (b) All final administrative decisions of the Illinois
18State Police Department or the Concealed Carry Licensing
19Review Board under this Act shall be subject to judicial
20review under the provisions of the Administrative Review Law.
21The term "administrative decision" is defined as in Section
223-101 of the Code of Civil Procedure.
23(Source: P.A. 98-63, eff. 7-9-13.)
 
24    (430 ILCS 66/95)

 

 

SB2037- 1420 -LRB102 17120 WGH 22551 b

1    Sec. 95. Procurement; rulemaking.
2    (a) The Illinois Department of State Police, in
3consultation with and subject to the approval of the Chief
4Procurement Officer, may procure a single contract or multiple
5contracts to implement the provisions of this Act. A contract
6or contracts under this paragraph are not subject to the
7provisions of the Illinois Procurement Code, except for
8Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of
9that Code, provided that the Chief Procurement Officer may, in
10writing with justification, waive any certification required
11under Article 50. This exemption shall be repealed one year
12from the effective date of this Act.
13    (b) The Illinois State Police Department shall adopt rules
14to implement the provisions of this Act. The Illinois State
15Police Department may adopt rules necessary to implement the
16provisions of this Act through the use of emergency rulemaking
17in accordance with Section 5-45 of the Illinois Administrative
18Procedure Act for a period not to exceed 180 days after the
19effective date of this Act.
20(Source: P.A. 98-63, eff. 7-9-13.)
 
21    (430 ILCS 66/105)
22    Sec. 105. Duty of school administrator. It is the duty of
23the principal of a public elementary or secondary school, or
24his or her designee, and the chief administrative officer of a
25private elementary or secondary school or a public or private

 

 

SB2037- 1421 -LRB102 17120 WGH 22551 b

1community college, college, or university, or his or her
2designee, to report to the Illinois Department of State Police
3when a student is determined to pose a clear and present danger
4to himself, herself, or to others, within 24 hours of the
5determination as provided in Section 6-103.3 of the Mental
6Health and Developmental Disabilities Code. "Clear and present
7danger" has the meaning as provided in paragraph (2) of the
8definition of "clear and present danger" in Section 1.1 of the
9Firearm Owners Identification Card Act.
10(Source: P.A. 98-63, eff. 7-9-13.)
 
11    Section 875. The Firearms Restraining Order Act is amended
12by changing Sections 35, 40, 50, 55, and 60 as follows:
 
13    (430 ILCS 67/35)
14    Sec. 35. Ex parte orders and emergency hearings.
15    (a) A petitioner may request an emergency firearms
16restraining order by filing an affidavit or verified pleading
17alleging that the respondent poses an immediate and present
18danger of causing personal injury to himself, herself, or
19another by having in his or her custody or control,
20purchasing, possessing, or receiving a firearm. The petition
21shall also describe the type and location of any firearm or
22firearms presently believed by the petitioner to be possessed
23or controlled by the respondent.
24    (b) If the respondent is alleged to pose an immediate and

 

 

SB2037- 1422 -LRB102 17120 WGH 22551 b

1present danger of causing personal injury to an intimate
2partner, or an intimate partner is alleged to have been the
3target of a threat or act of violence by the respondent, the
4petitioner shall make a good faith effort to provide notice to
5any and all intimate partners of the respondent. The notice
6must include that the petitioner intends to petition the court
7for an emergency firearms restraining order, and, if the
8petitioner is a law enforcement officer, referral to relevant
9domestic violence or stalking advocacy or counseling
10resources, if appropriate. The petitioner shall attest to
11having provided the notice in the filed affidavit or verified
12pleading. If, after making a good faith effort, the petitioner
13is unable to provide notice to any or all intimate partners,
14the affidavit or verified pleading should describe what
15efforts were made.
16    (c) Every person who files a petition for an emergency
17firearms restraining order, knowing the information provided
18to the court at any hearing or in the affidavit or verified
19pleading to be false, is guilty of perjury under Section 32-2
20of the Criminal Code of 2012.
21    (d) An emergency firearms restraining order shall be
22issued on an ex parte basis, that is, without notice to the
23respondent.
24    (e) An emergency hearing held on an ex parte basis shall be
25held the same day that the petition is filed or the next day
26that the court is in session.

 

 

SB2037- 1423 -LRB102 17120 WGH 22551 b

1    (f) If a circuit or associate judge finds probable cause
2to believe that the respondent poses an immediate and present
3danger of causing personal injury to himself, herself, or
4another by having in his or her custody or control,
5purchasing, possessing, or receiving a firearm, the circuit or
6associate judge shall issue an emergency order.
7    (f-5) If the court issues an emergency firearms
8restraining order, it shall, upon a finding of probable cause
9that the respondent possesses firearms, issue a search warrant
10directing a law enforcement agency to seize the respondent's
11firearms. The court may, as part of that warrant, direct the
12law enforcement agency to search the respondent's residence
13and other places where the court finds there is probable cause
14to believe he or she is likely to possess the firearms.
15    (g) An emergency firearms restraining order shall require:
16        (1) the respondent to refrain from having in his or
17    her custody or control, purchasing, possessing, or
18    receiving additional firearms for the duration of the
19    order; and
20        (2) the respondent to turn over to the local law
21    enforcement agency any Firearm Owner's Identification Card
22    and concealed carry license in his or her possession. The
23    local law enforcement agency shall immediately mail the
24    card and concealed carry license to the Illinois
25    Department of State Police Firearm Services Bureau for
26    safekeeping. The firearm or firearms and Firearm Owner's

 

 

SB2037- 1424 -LRB102 17120 WGH 22551 b

1    Identification Card and concealed carry license, if
2    unexpired, shall be returned to the respondent after the
3    firearms restraining order is terminated or expired.
4    (h) Except as otherwise provided in subsection (h-5) of
5this Section, upon expiration of the period of safekeeping, if
6the firearms or Firearm Owner's Identification Card and
7concealed carry license cannot be returned to the respondent
8because the respondent cannot be located, fails to respond to
9requests to retrieve the firearms, or is not lawfully eligible
10to possess a firearm, upon petition from the local law
11enforcement agency, the court may order the local law
12enforcement agency to destroy the firearms, use the firearms
13for training purposes, or use the firearms for any other
14application as deemed appropriate by the local law enforcement
15agency.
16    (h-5) A respondent whose Firearm Owner's Identification
17Card has been revoked or suspended may petition the court, if
18the petitioner is present in court or has notice of the
19respondent's petition, to transfer the respondent's firearm to
20a person who is lawfully able to possess the firearm if the
21person does not reside at the same address as the respondent.
22Notice of the petition shall be served upon the person
23protected by the emergency firearms restraining order. While
24the order is in effect, the transferee who receives the
25respondent's firearms must swear or affirm by affidavit that
26he or she shall not transfer the firearm to the respondent or

 

 

SB2037- 1425 -LRB102 17120 WGH 22551 b

1to anyone residing in the same residence as the respondent.
2    (h-6) If a person other than the respondent claims title
3to any firearms surrendered under this Section, he or she may
4petition the court, if the petitioner is present in court or
5has notice of the petition, to have the firearm returned to him
6or her. If the court determines that person to be the lawful
7owner of the firearm, the firearm shall be returned to him or
8her, provided that:
9        (1) the firearm is removed from the respondent's
10    custody, control, or possession and the lawful owner
11    agrees to store the firearm in a manner such that the
12    respondent does not have access to or control of the
13    firearm; and
14        (2) the firearm is not otherwise unlawfully possessed
15    by the owner.
16    The person petitioning for the return of his or her
17firearm must swear or affirm by affidavit that he or she: (i)
18is the lawful owner of the firearm; (ii) shall not transfer the
19firearm to the respondent; and (iii) will store the firearm in
20a manner that the respondent does not have access to or control
21of the firearm.
22    (i) In accordance with subsection (e) of this Section, the
23court shall schedule a full hearing as soon as possible, but no
24longer than 14 days from the issuance of an ex parte firearms
25restraining order, to determine if a 6-month firearms
26restraining order shall be issued. The court may extend an ex

 

 

SB2037- 1426 -LRB102 17120 WGH 22551 b

1parte order as needed, but not to exceed 14 days, to effectuate
2service of the order or if necessary to continue protection.
3The court may extend the order for a greater length of time by
4mutual agreement of the parties.
5(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
6    (430 ILCS 67/40)
7    Sec. 40. Six-month orders.
8    (a) A petitioner may request a 6-month firearms
9restraining order by filing an affidavit or verified pleading
10alleging that the respondent poses a significant danger of
11causing personal injury to himself, herself, or another in the
12near future by having in his or her custody or control,
13purchasing, possessing, or receiving a firearm. The petition
14shall also describe the number, types, and locations of any
15firearms presently believed by the petitioner to be possessed
16or controlled by the respondent.
17    (b) If the respondent is alleged to pose a significant
18danger of causing personal injury to an intimate partner, or
19an intimate partner is alleged to have been the target of a
20threat or act of violence by the respondent, the petitioner
21shall make a good faith effort to provide notice to any and all
22intimate partners of the respondent. The notice must include
23that the petitioner intends to petition the court for a
246-month firearms restraining order, and, if the petitioner is
25a law enforcement officer, referral to relevant domestic

 

 

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1violence or stalking advocacy or counseling resources, if
2appropriate. The petitioner shall attest to having provided
3the notice in the filed affidavit or verified pleading. If,
4after making a good faith effort, the petitioner is unable to
5provide notice to any or all intimate partners, the affidavit
6or verified pleading should describe what efforts were made.
7    (c) Every person who files a petition for a 6-month
8firearms restraining order, knowing the information provided
9to the court at any hearing or in the affidavit or verified
10pleading to be false, is guilty of perjury under Section 32-2
11of the Criminal Code of 2012.
12    (d) Upon receipt of a petition for a 6-month firearms
13restraining order, the court shall order a hearing within 30
14days.
15    (e) In determining whether to issue a firearms restraining
16order under this Section, the court shall consider evidence
17including, but not limited to, the following:
18        (1) The unlawful and reckless use, display, or
19    brandishing of a firearm by the respondent.
20        (2) The history of use, attempted use, or threatened
21    use of physical force by the respondent against another
22    person.
23        (3) Any prior arrest of the respondent for a felony
24    offense.
25        (4) Evidence of the abuse of controlled substances or
26    alcohol by the respondent.

 

 

SB2037- 1428 -LRB102 17120 WGH 22551 b

1        (5) A recent threat of violence or act of violence by
2    the respondent directed toward himself, herself, or
3    another.
4        (6) A violation of an emergency order of protection
5    issued under Section 217 of the Illinois Domestic Violence
6    Act of 1986 or Section 112A-17 of the Code of Criminal
7    Procedure of 1963 or of an order of protection issued
8    under Section 214 of the Illinois Domestic Violence Act of
9    1986 or Section 112A-14 of the Code of Criminal Procedure
10    of 1963.
11        (7) A pattern of violent acts or violent threats,
12    including, but not limited to, threats of violence or acts
13    of violence by the respondent directed toward himself,
14    herself, or another.
15    (f) At the hearing, the petitioner shall have the burden
16of proving, by clear and convincing evidence, that the
17respondent poses a significant danger of personal injury to
18himself, herself, or another by having in his or her custody or
19control, purchasing, possessing, or receiving a firearm.
20    (g) If the court finds that there is clear and convincing
21evidence to issue a firearms restraining order, the court
22shall issue a firearms restraining order that shall be in
23effect for 6 months subject to renewal under Section 45 of this
24Act or termination under that Section.
25    (g-5) If the court issues a 6-month firearms restraining
26order, it shall, upon a finding of probable cause that the

 

 

SB2037- 1429 -LRB102 17120 WGH 22551 b

1respondent possesses firearms, issue a search warrant
2directing a law enforcement agency to seize the respondent's
3firearms. The court may, as part of that warrant, direct the
4law enforcement agency to search the respondent's residence
5and other places where the court finds there is probable cause
6to believe he or she is likely to possess the firearms.
7    (h) A 6-month firearms restraining order shall require:
8        (1) the respondent to refrain from having in his or
9    her custody or control, purchasing, possessing, or
10    receiving additional firearms for the duration of the
11    order; and
12        (2) the respondent to turn over to the local law
13    enforcement agency any firearm or Firearm Owner's
14    Identification Card and concealed carry license in his or
15    her possession. The local law enforcement agency shall
16    immediately mail the card and concealed carry license to
17    the Illinois Department of State Police Firearm Services
18    Bureau for safekeeping. The firearm or firearms and
19    Firearm Owner's Identification Card and concealed carry
20    license, if unexpired, shall be returned to the respondent
21    after the firearms restraining order is terminated or
22    expired.
23    (i) Except as otherwise provided in subsection (i-5) of
24this Section, upon expiration of the period of safekeeping, if
25the firearms or Firearm Owner's Identification Card cannot be
26returned to the respondent because the respondent cannot be

 

 

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1located, fails to respond to requests to retrieve the
2firearms, or is not lawfully eligible to possess a firearm,
3upon petition from the local law enforcement agency, the court
4may order the local law enforcement agency to destroy the
5firearms, use the firearms for training purposes, or use the
6firearms for any other application as deemed appropriate by
7the local law enforcement agency.
8    (i-5) A respondent whose Firearm Owner's Identification
9Card has been revoked or suspended may petition the court, if
10the petitioner is present in court or has notice of the
11respondent's petition, to transfer the respondent's firearm to
12a person who is lawfully able to possess the firearm if the
13person does not reside at the same address as the respondent.
14Notice of the petition shall be served upon the person
15protected by the emergency firearms restraining order. While
16the order is in effect, the transferee who receives the
17respondent's firearms must swear or affirm by affidavit that
18he or she shall not transfer the firearm to the respondent or
19to anyone residing in the same residence as the respondent.
20    (i-6) If a person other than the respondent claims title
21to any firearms surrendered under this Section, he or she may
22petition the court, if the petitioner is present in court or
23has notice of the petition, to have the firearm returned to him
24or her. If the court determines that person to be the lawful
25owner of the firearm, the firearm shall be returned to him or
26her, provided that:

 

 

SB2037- 1431 -LRB102 17120 WGH 22551 b

1        (1) the firearm is removed from the respondent's
2    custody, control, or possession and the lawful owner
3    agrees to store the firearm in a manner such that the
4    respondent does not have access to or control of the
5    firearm; and
6        (2) the firearm is not otherwise unlawfully possessed
7    by the owner.
8    The person petitioning for the return of his or her
9firearm must swear or affirm by affidavit that he or she: (i)
10is the lawful owner of the firearm; (ii) shall not transfer the
11firearm to the respondent; and (iii) will store the firearm in
12a manner that the respondent does not have access to or control
13of the firearm.
14    (j) If the court does not issue a firearms restraining
15order at the hearing, the court shall dissolve any emergency
16firearms restraining order then in effect.
17    (k) When the court issues a firearms restraining order
18under this Section, the court shall inform the respondent that
19he or she is entitled to one hearing during the period of the
20order to request a termination of the order, under Section 45
21of this Act, and shall provide the respondent with a form to
22request a hearing.
23(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
24    (430 ILCS 67/50)
25    Sec. 50. Notice of orders.

 

 

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1    (a) Entry and issuance. Upon issuance of any firearms
2restraining order, the clerk shall immediately, or on the next
3court day if an emergency firearms restraining order is issued
4in accordance with Section 35 of this Act (emergency firearms
5restraining order): (i) enter the order on the record and file
6it in accordance with the circuit court procedures and (ii)
7provide a file stamped copy of the order to the respondent, if
8present, and to the petitioner.
9    (b) Filing with sheriff. The clerk of the issuing judge
10shall, or the petitioner may, on the same day that a firearms
11restraining order is issued, file a certified copy of that
12order with the sheriff or other law enforcement officials
13charged with maintaining Illinois Department of State Police
14records or charged with serving the order upon the respondent.
15If the order was issued in accordance with Section 35 of this
16Act (emergency firearms restraining order), the clerk shall,
17on the next court day, file a certified copy of the order with
18the sheriff or other law enforcement officials charged with
19maintaining Illinois Department of State Police records.
20    (c) Service by sheriff. Unless the respondent was present
21in court when the order was issued, the sheriff or other law
22enforcement official shall promptly serve that order upon the
23respondent and file proof of the service, in the manner
24provided for service of process in civil proceedings. Instead
25of serving the order upon the respondent, however, the
26sheriff, other law enforcement official, or other persons

 

 

SB2037- 1433 -LRB102 17120 WGH 22551 b

1defined in Section 112A-22.10 of the Code of Criminal
2Procedure of 1963 may serve the respondent with a short form
3notification as provided in that Section. If process has not
4yet been served upon the respondent, it shall be served with
5the order or short form notification if the service is made by
6the sheriff, or other law enforcement official.
7    (d) Any order renewing or terminating any firearms
8restraining order shall be promptly recorded, issued, and
9served as provided in this Section.
10(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
11    (430 ILCS 67/55)
12    Sec. 55. Data maintenance by law enforcement agencies.
13    (a) All sheriffs shall furnish to the Illinois Department
14of State Police, daily, in the form and detail the Department
15requires, copies of any recorded firearms restraining orders
16issued by the court, and any foreign orders of protection
17filed by the clerk of the court, and transmitted to the sheriff
18by the clerk of the court under Section 50. Each firearms
19restraining order shall be entered in the Law Enforcement
20Agencies Data System (LEADS) on the same day it is issued by
21the court. If an emergency firearms restraining order was
22issued in accordance with Section 35 of this Act, the order
23shall be entered in the Law Enforcement Agencies Data System
24(LEADS) as soon as possible after receipt from the clerk.
25    (b) The Illinois Department of State Police shall maintain

 

 

SB2037- 1434 -LRB102 17120 WGH 22551 b

1a complete and systematic record and index of all valid and
2recorded firearms restraining orders issued or filed under
3this Act. The data shall be used to inform all dispatchers and
4law enforcement officers at the scene of a violation of a
5firearms restraining order of the effective dates and terms of
6any recorded order of protection.
7    (c) The data, records, and transmittals required under
8this Section shall pertain to any valid emergency or 6-month
9firearms restraining order, whether issued in a civil or
10criminal proceeding or authorized under the laws of another
11state, tribe, or United States territory.
12(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
13    (430 ILCS 67/60)
14    Sec. 60. Filing of a firearms restraining order issued by
15another state.
16    (a) A person who has sought a firearms restraining order
17or similar order issued by the court of another state, tribe,
18or United States territory may file a certified copy of the
19firearms restraining order with the clerk of the court in a
20judicial circuit in which the person believes that enforcement
21may be necessary.
22    (b) The clerk shall:
23        (1) treat the foreign firearms restraining order in
24    the same manner as a judgment of the circuit court for any
25    county of this State in accordance with the provisions of

 

 

SB2037- 1435 -LRB102 17120 WGH 22551 b

1    the Uniform Enforcement of Foreign Judgments Act, except
2    that the clerk shall not mail notice of the filing of the
3    foreign order to the respondent named in the order; and
4        (2) on the same day that a foreign firearms
5    restraining order is filed, file a certified copy of that
6    order with the sheriff or other law enforcement officials
7    charged with maintaining Illinois Department of State
8    Police records as set forth in Section 55 of this Act.
9    (c) Neither residence in this State nor filing of a
10foreign firearms restraining order shall be required for
11enforcement of the order by this State. Failure to file the
12foreign order shall not be an impediment to its treatment in
13all respects as an Illinois firearms restraining order.
14    (d) The clerk shall not charge a fee to file a foreign
15order of protection under this Section.
16(Source: P.A. 100-607, eff. 1-1-19.)
 
17    Section 880. The Firearm Dealer License Certification Act
18is amended by changing Sections 5-5, 5-10, 5-15, 5-20, 5-30,
195-35, 5-40, 5-45, 5-50, 5-55, 5-60, 5-70, 5-75, 5-85, 5-95,
205-100, 5-105, 5-110, 5-115, and 5-120 as follows:
 
21    (430 ILCS 68/5-5)
22    Sec. 5-5. Definitions. In this Act:
23    "Certified licensee" means a licensee that has previously
24certified its license with the Illinois State Police

 

 

SB2037- 1436 -LRB102 17120 WGH 22551 b

1Department under this Act.
2    "Department" means the Department of State Police.
3    "Director" means the Director of the Illinois State
4Police.
5    "Entity" means any person, firm, corporation, group of
6individuals, or other legal entity.
7    "Inventory" means firearms in the possession of an
8individual or entity for the purpose of sale or transfer.
9    "License" means a Federal Firearms License authorizing a
10person or entity to engage in the business of dealing
11firearms.
12    "Licensee" means a person, firm, corporation, or other
13entity who has been given, and is currently in possession of, a
14valid Federal Firearms License.
15    "Retail location" means a store open to the public from
16which a certified licensee engages in the business of selling,
17transferring, or facilitating a sale or transfer of a firearm.
18For purposes of this Act, the World Shooting and Recreational
19Complex, a gun show, or a similar event at which a certified
20licensee engages in business from time to time is not a retail
21location.
22(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19;
23revised 9-12-19.)
 
24    (430 ILCS 68/5-10)
25    Sec. 5-10. Copy of Federal Firearms License filed with the

 

 

SB2037- 1437 -LRB102 17120 WGH 22551 b

1Illinois State Police Department. Each licensee shall file
2with the Illinois State Police Department a copy of its
3license, together with a sworn affidavit indicating that the
4license presented is in fact its license and that the license
5is valid. The Illinois State Police Department may by rule
6create a process for checking the validity of the license, in
7lieu of requiring an affidavit. Upon receipt and review by the
8Illinois State Police Department, the Illinois State Police
9Department shall issue a certificate of license to the
10licensee, allowing the licensee to conduct business within
11this State. The Illinois State Police Department shall issue
12an initial certificate of license within 30 days of receipt of
13the copy of license and sworn affidavit. If the Illinois State
14Police Department does not issue the certificate within 30
15days, the licensee shall operate as if a certificate has been
16granted unless and until a denial is issued by the Illinois
17State Police Department.
18(Source: P.A. 100-1178, eff. 1-18-19.)
 
19    (430 ILCS 68/5-15)
20    Sec. 5-15. Certification requirement.
21    (a) Beginning 180 days after the effective date of this
22Act, it is unlawful for a person or entity to engage in the
23business of selling, leasing, or otherwise transferring
24firearms without a valid certificate of license issued under
25this Act. In the event that a person or entity maintains

 

 

SB2037- 1438 -LRB102 17120 WGH 22551 b

1multiple licenses to engage in different lines of business
2requiring different licenses at one location, then the
3licenses shall be deemed one license for purposes of
4certification. In the event that a person or entity maintains
5multiple licenses to engage in business at multiple locations,
6under the same business name on the license or a different
7business name on the license, then each license and location
8must receive its own certification.
9    (b) It is unlawful for a person or entity without first
10being a certified licensee under this Act to act as if he or
11she is certified under this Act, to advertise, to assume to act
12as a certified licensee or to use a title implying that the
13person or entity is engaged in business as a certified
14licensee without a license certified under this Act.
15    (c) It is unlawful to obtain or attempt to obtain any
16certificate of license under this Act by material misstatement
17or fraudulent misrepresentation. Notwithstanding the
18provisions of Section 5-85, in addition to any penalty imposed
19under this Section, any certificate of license obtained under
20this Act due to material misstatement or fraudulent
21misrepresentation shall automatically be revoked.
22    (d) A person who violates any provision of this Section is
23guilty of a Class A misdemeanor for a first violation, and a
24Class 4 felony for a second or subsequent violation.
25    (e) In addition to any other penalty provided by law, any
26person or entity who violates any provision of this Section

 

 

SB2037- 1439 -LRB102 17120 WGH 22551 b

1shall pay a civil penalty to the Illinois State Police
2Department in an amount not to exceed $10,000 for each
3offense, as determined by the Illinois State Police
4Department. The civil penalty shall be assessed by the
5Illinois State Police Department after a hearing is held in
6accordance with Sections 5-95 and 5-100.
7    (f) The Illinois State Police Department has the authority
8and power to investigate any and all unlicensed activity
9requiring a license certified under this Act.
10    (g) The civil penalty shall be paid within 90 days after
11the effective date of the order imposing the civil penalty.
12The order shall constitute a judgment and may be filed and
13execution had thereon in the same manner as any judgment from
14any court of record.
15    (h) In the event the certification of a certified licensee
16is revoked, it shall be a violation of this Act for the revoked
17licensee to seek certification of a license held under a
18different business name, or to re-open as a certified licensee
19under another business name using the same license or as the
20same person or entity doing business under a different
21business name.
22    (i) The Illinois State Police Department shall require all
23of the following information from each applicant for
24certification under this Act:
25        (1) The name, full business address, and telephone
26    number of the entity. The business address for the entity

 

 

SB2037- 1440 -LRB102 17120 WGH 22551 b

1    shall be the complete street address where firearms in the
2    inventory of the entity are regularly stored, shall be
3    located within the State, and may not be a Post Office Box.
4        (2) All trade, business, or assumed names used by the
5    certified licensee by and under which the certified
6    licensee sells, transfers, or facilitates transfers of
7    firearms.
8        (3) The type of ownership or operation, such as a
9    partnership, corporation, or sole proprietorship.
10        (4) The name of the owner or operator of the
11    dealership, including:
12            (A) if a person, then the name and address of
13        record of the person;
14            (B) if a partnership, then the name and address of
15        record of each partner and the name of the
16        partnership;
17            (C) if a corporation, then the name, address of
18        record, and title of each corporate officer and each
19        owner of more than 5% of the corporation, the
20        corporate names by and which the certified licensee
21        sells, transfers, or facilitates transfers of
22        firearms, and the name of the state of incorporation;
23        and
24            (D) if a sole proprietorship, then the full name
25        and address of record of the sole proprietor and the
26        name of the business entity.

 

 

SB2037- 1441 -LRB102 17120 WGH 22551 b

1(Source: P.A. 100-1178, eff. 1-18-19.)
 
2    (430 ILCS 68/5-20)
3    Sec. 5-20. Additional licensee requirements.
4    (a) A certified licensee shall make a photo copy of a
5buyer's or transferee's valid photo identification card
6whenever a firearm sale transaction takes place. The photo
7copy shall be attached to the documentation detailing the
8record of sale.
9    (b) A certified licensee shall post in a conspicuous
10position on the premises where the licensee conducts business
11a sign that contains the following warning in block letters
12not less than one inch in height:
13        "With few exceptions enumerated in the Firearm Owners
14    Identification Card Act, it is unlawful for you to:
15            (A) store or leave an unsecured firearm in a place
16        where a child can obtain access to it;
17            (B) sell or transfer your firearm to someone else
18        without receiving approval for the transfer from the
19        Illinois Department of State Police, or
20            (C) fail to report the loss or theft of your
21        firearm to local law enforcement within 72 hours.".
22This sign shall be created by the Illinois State Police
23Department and made available for printing or downloading from
24the Illinois State Police's Department's website.
25    (c) No retail location established after the effective

 

 

SB2037- 1442 -LRB102 17120 WGH 22551 b

1date of this Act shall be located within 500 feet of any
2school, pre-school, or day care facility in existence at its
3location before the retail location is established as measured
4from the nearest corner of the building holding the retail
5location to the corner of the school, pre-school, or day care
6facility building nearest the retail location at the time the
7retail location seeks licensure.
8(Source: P.A. 100-1178, eff. 1-18-19.)
 
9    (430 ILCS 68/5-30)
10    Sec. 5-30. Training of certified licensees. Any certified
11licensee and any employee of a certified licensee who sells or
12transfers firearms shall receive at least 2 hours of training
13annually regarding legal requirements and responsible business
14practices as applicable to the sale or transfer or firearms.
15The Illinois State Police Department may adopt rules regarding
16continuing education for certified licensees related to legal
17requirements and responsible business practices regarding the
18sale or transfer of firearms.
19(Source: P.A. 100-1178, eff. 1-18-19.)
 
20    (430 ILCS 68/5-35)
21    Sec. 5-35. Inspection of licensees' places of business.
22Licensees shall have their places of business open for
23inspection by the Illinois State Police Department and law
24enforcement during all hours of operation involving the

 

 

SB2037- 1443 -LRB102 17120 WGH 22551 b

1selling, leasing, or otherwise transferring of firearms,
2provided that the Illinois State Police Department or law
3enforcement may conduct no more than one unannounced
4inspection per business per year without good cause. During an
5inspection, licensees shall make all records, documents, and
6firearms accessible for inspection upon the request of the
7Illinois State Police Department or law enforcement agency.
8(Source: P.A. 100-1178, eff. 1-18-19.)
 
9    (430 ILCS 68/5-40)
10    Sec. 5-40. Qualifications for operation.
11    (a) Each certified licensee shall submit with each
12application for certification or renewal an affidavit to the
13Illinois State Police Department stating that each owner,
14employee, or other agent of the certified licensee who sells
15or conducts transfers of firearms for the certified licensee
16is at least 21 years of age, has a currently valid Firearm
17Owner's Identification Card and, for a renewal, has completed
18the training required under Section 5-30. The affidavit must
19also contain the name and Firearm Owner's Identification Card
20number of each owner, employee, or other agent who sells or
21conducts transfers of firearms for the certified licensee. If
22an owner, employee, or other agent of the certified licensee
23is not otherwise a resident of this State, the certified
24licensee shall submit an affidavit stating that the owner,
25employee, or other agent has undergone a background check and

 

 

SB2037- 1444 -LRB102 17120 WGH 22551 b

1is not prohibited from owning or possessing firearms.
2    (b) In addition to the affidavit required under subsection
3(a), within 30 days of a new owner, employee, or other agent
4beginning selling or conducting transfers of firearms for the
5certified licensee, the certified licensee shall submit an
6affidavit to the Illinois State Police Department stating the
7date that the new owner, employee, or other agent began
8selling or conducting transfers of firearms for the certified
9licensee, and providing the information required in subsection
10(a) for that new owner, employee, or other agent.
11    (c) If a certified licensee has a license, certificate, or
12permit to sell, lease, transfer, purchase, or possess firearms
13issued by the federal government or the government of any
14state revoked or suspended for good cause within the preceding
154 years, the Illinois State Police Department may consider
16revoking or suspending the certified licenses in this State.
17In making a determination of whether or not to revoke or
18suspend a certified license in this State, the Illinois State
19Police Department shall consider the number of retail
20locations the certified licensee or any related person or
21entity operates in this State or in other states under the same
22or different business names, and the severity of the
23infraction in the state in which a license was revoked or
24suspended.
25    (d) Applications and affidavits required under this
26Section are not subject to disclosure by the Illinois State

 

 

SB2037- 1445 -LRB102 17120 WGH 22551 b

1Police Department under the Freedom of Information Act.
2(Source: P.A. 100-1178, eff. 1-18-19.)
 
3    (430 ILCS 68/5-45)
4    Sec. 5-45. Issuance of subpoenas. The Illinois State
5Police Department may subpoena and bring before it any person
6or entity to take oral or written testimony or may compel the
7production of any books, papers, records, or any other
8documents that the Illinois State Police Department deems
9directly relevant or material to an investigation or hearing
10conducted by the Illinois State Police Department in the
11enforcement of this Act, with the same fees and in the same
12manner prescribed in civil cases in the courts of this State.
13The licensee may file an emergency motion with the Director or
14a hearing officer authorized by the Illinois State Police
15Department to quash a subpoena issued by the Illinois State
16Police Department. If the Director or hearing officer
17determines that the subpoena was issued without good cause,
18the Director or hearing officer may quash the subpoena.
19(Source: P.A. 100-1178, eff. 1-18-19.)
 
20    (430 ILCS 68/5-50)
21    Sec. 5-50. Security system.
22    (a) On or before January 2, 2021, each certified licensee
23operating a retail location in this State must maintain a
24video security system and shall maintain video surveillance of

 

 

SB2037- 1446 -LRB102 17120 WGH 22551 b

1critical areas of the business premises, including, but not
2limited to, all places where firearms in inventory are stored,
3handled, sold, or transferred, and each entrance and exit. A
4video surveillance system of the certified licensee's retail
5location may not be installed in a bathroom and may not monitor
6inside the bathrooms located in the retail location. If a
7video security system is deemed inadequate by the Illinois
8State Police Department, the licensee shall have 30 days to
9correct the inadequacy. The Illinois State Police Department
10shall submit to the licensee a written statement describing
11the specific inadequacies.
12    (b) Each certified licensee operating a retail
13establishment in this State must post a sign in a conspicuous
14place at each entrance to the retail location that states in
15block letters not less than one inch in height: "THESE
16PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY BE
17RECORDED.". This sign shall be created by the Illinois State
18Police Department and available for printing or downloading
19from the Illinois State Police's Department's website.
20    (c) On or before January 2, 2020, each certified licensee
21maintaining an inventory of firearms for sale or transfer must
22be connected to an alarm monitoring system or service that
23will notify its local law enforcement agency of an
24unauthorized intrusion into the premises of the licensee where
25the firearm inventory is maintained.
26(Source: P.A. 100-1178, eff. 1-18-19.)
 

 

 

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1    (430 ILCS 68/5-55)
2    Sec. 5-55. Safe storage by certified licensees. In
3addition to adequate locks, exterior lighting, surveillance
4cameras, alarm systems, and other anti-theft measures and
5practices, a certified licensee maintaining a retail location
6shall develop a plan that addresses the safe storage of
7firearms and ammunition during retail hours and after closing.
8The certified licensee shall submit its safe storage plan to
9the Illinois State Police Department and the plan shall be
10deemed approved unless it is rejected by the Illinois State
11Police Department. The Illinois State Police Department may
12reject the plan if it is inadequate, along with a written
13statement describing the specific inadequacies. The certified
14licensee shall submit a corrected plan to the Illinois State
15Police Department within 60 days of notice of an inadequate
16plan. In the event there are still problems with the corrected
17plan, the Illinois State Police Department shall note the
18specific inadequacies in writing and the certified licensee
19shall have 60 days from each notice of an inadequate plan to
20submit a corrected plan. The Illinois State Police Department
21may reject the corrected plan if it is inadequate. A certified
22licensee may operate at all times that a plan is on file with
23the Illinois State Police Department, and during times
24permitted by this Section to prepare and submit corrected
25plans. That any certified licensee has operated without an

 

 

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1approved safe storage plan for more than 60 days shall be
2grounds for revocation of a certificate of license. The
3Illinois State Police Department shall adopt rules regarding
4the adequacy of a safe storage plan. The rules shall take into
5account the various types and sizes of the entities involved,
6and shall comply with all relevant State and federal laws.
7Safe storage plans required under this Section are not subject
8to disclosure by the Illinois State Police Department under
9the Freedom of Information Act.
10(Source: P.A. 100-1178, eff. 1-18-19.)
 
11    (430 ILCS 68/5-60)
12    Sec. 5-60. Statewide compliance standards. The Illinois
13State Police Department shall develop and implement by rule
14statewide training standards for assisting certified licensees
15in recognizing indicators that would lead a reasonable dealer
16to refuse sale of a firearm, including, but not limited to,
17indicators of a straw purchase.
18(Source: P.A. 100-1178, eff. 1-18-19.)
 
19    (430 ILCS 68/5-70)
20    Sec. 5-70. Fees and fines deposited in the Firearm Dealer
21License Certification Fund. The Illinois State Police
22Department shall set and collect a fee for each licensee
23certifying under this Act. The fee may not exceed $300 for a
24certified licensee operating without a retail location. The

 

 

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1fee may not exceed $1,500 for any certified licensee operating
2with a retail location. The Illinois State Police Department
3may not charge a certified licensee in this State, operating
4under the same or different business name, fees exceeding
5$40,000 for the certification of multiple licenses. All fees
6and fines collected under this Act shall be deposited in the
7Firearm Dealer License Certification Fund which is created in
8the State treasury. Moneys in the Fund shall be used for
9implementation and administration of this Act.
10(Source: P.A. 100-1178, eff. 1-18-19.)
 
11    (430 ILCS 68/5-75)
12    Sec. 5-75. Term of license. Each certification shall be
13valid for the term of the license being certified. A licensee
14shall certify each new or renewed license. However, the
15Illinois State Police Department is not required to renew a
16certification if a prior certification has been revoked or
17suspended.
18(Source: P.A. 100-1178, eff. 1-18-19.)
 
19    (430 ILCS 68/5-85)
20    Sec. 5-85. Disciplinary sanctions.
21    (a) For violations of this Act not penalized under Section
225-15, the Illinois State Police Department may refuse to renew
23or restore, or may reprimand, place on probation, suspend,
24revoke, or take other disciplinary or non-disciplinary action

 

 

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1against any licensee, and may impose a fine commensurate with
2the severity of the violation not to exceed $10,000 for each
3violation for any of the following, consistent with the
4Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901
5through 7903:
6        (1) Violations of this Act, or any law applicable to
7    the sale or transfer of firearms.
8        (2) A pattern of practice or other behavior which
9    demonstrates incapacity or incompetency to practice under
10    this Act.
11        (3) Aiding or assisting another person in violating
12    any provision of this Act or rules adopted under this Act.
13        (4) Failing, within 60 days, to provide information in
14    response to a written request made by the Illinois State
15    Police Department.
16        (5) Conviction of, plea of guilty to, or plea of nolo
17    contendere to any crime that disqualifies the person from
18    obtaining a valid Firearm Owner's Identification Card.
19        (6) Continued practice, although the person has become
20    unfit to practice due to any of the following:
21            (A) Any circumstance that disqualifies the person
22        from obtaining a valid Firearm Owner's Identification
23        Card or concealed carry license.
24            (B) Habitual or excessive use or abuse of drugs
25        defined in law as controlled substances, alcohol, or
26        any other substance that results in the inability to

 

 

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1        practice with reasonable judgment, skill, or safety.
2        (7) Receiving, directly or indirectly, compensation
3    for any firearms sold or transferred illegally.
4        (8) Discipline by another United States jurisdiction,
5    foreign nation, or governmental agency, if at least one of
6    the grounds for the discipline is the same or
7    substantially equivalent to those set forth in this Act.
8        (9) Violation of any disciplinary order imposed on a
9    licensee by the Illinois State Police Department.
10        (10) A finding by the Illinois State Police Department
11    that the licensee, after having his or her certified
12    license placed on probationary status, has violated the
13    terms of probation.
14        (11) A fraudulent or material misstatement in the
15    completion of an affirmative obligation or inquiry by law
16    enforcement.
17    (b) All fines imposed under this Section shall be paid
18within 90 days after the effective date of the final order
19imposing the fine.
20(Source: P.A. 100-1178, eff. 1-18-19.)
 
21    (430 ILCS 68/5-95)
22    Sec. 5-95. Complaints; investigations; hearings.
23    (a) The Illinois State Police Department may investigate
24the actions of any applicant or of any person or persons
25holding or claiming to hold a license or registration under

 

 

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1this Act.
2    (b) The Illinois State Police Department shall, before
3disciplining a licensee under Section 5-85 or refusing to
4issue a certificate of license, at least 30 days before the
5date set for the hearing, (i) notify the accused in writing of
6the charges made and the time and place for the hearing on the
7charges, (ii) direct him or her to file a written answer to the
8charges under oath within 20 days after service, and (iii)
9inform the licensee that failure to answer will result in a
10default being entered against the licensee.
11    (c) At the time and place fixed in the notice, the Director
12or the hearing officer appointed by the Director shall proceed
13to hear the charges, and the parties or their counsel shall be
14accorded ample opportunity to present any pertinent
15statements, testimony, evidence, and arguments. The Director
16or hearing officer may continue the hearing from time to time.
17In case the person, after receiving the notice, fails to file
18an answer, his, her, or its license may, in the discretion of
19the Director, having first received the recommendation of the
20Director, be suspended, revoked, or placed on probationary
21status, or be subject to whatever disciplinary action the
22Director considers proper, including limiting the scope,
23nature, or extent of the person's business, or the imposition
24of a fine, without hearing, if the act or acts charged
25constitute sufficient grounds for that action under this Act.
26    (d) The written notice and any notice in the subsequent

 

 

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1proceeding may be served by certified mail to the licensee's
2address of record.
3    (e) The Director has the authority to appoint any attorney
4licensed to practice law in this State to serve as the hearing
5officer in any action for refusal to issue, restore, or renew a
6license, or to discipline a licensee. The hearing officer has
7full authority to conduct the hearing.
8(Source: P.A. 100-1178, eff. 1-18-19.)
 
9    (430 ILCS 68/5-100)
10    Sec. 5-100. Hearing; rehearing.
11    (a) The Director or the hearing officer authorized by the
12Illinois State Police Department shall hear evidence in
13support of the formal charges and evidence produced by the
14licensee. At the conclusion of the hearing, the Director shall
15prepare a written report of his or her findings of fact,
16conclusions of law, and recommendations. The report shall
17contain a finding of whether the accused person violated this
18Act or failed to comply with the conditions required in this
19Act.
20    (b) At the conclusion of the hearing, a copy of the
21Director's or hearing officer's report shall be served upon
22the licensee by the Illinois State Police Department, either
23personally or as provided in this Act, for the service of a
24notice of hearing. Within 20 calendar days after service, the
25licensee may present to the Illinois State Police Department a

 

 

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1motion in writing for a rehearing, which shall specify the
2particular grounds for rehearing. The Illinois State Police
3Department may respond to the motion for rehearing within 20
4calendar days after its service on the Illinois State Police
5Department. If no motion for rehearing is filed, then upon the
6expiration of the time specified for filing such a motion, or
7upon denial of a motion for rehearing, the Director may enter
8an order in accordance with his or her recommendations or the
9recommendations of the hearing officer. If the licensee orders
10from the reporting service and pays for a transcript of the
11record within the time for filing a motion for rehearing, the
1220-day period within which a motion may be filed shall
13commence upon the delivery of the transcript to the licensee.
14    (c) All proceedings under this Section are matters of
15public record and shall be preserved.
16    (d) The licensee may continue to operate during the course
17of an investigation or hearing, unless the Director finds that
18the public interest, safety, or welfare requires an emergency
19action.
20    (e) Upon the suspension or revocation of a certificate of
21license, the licensee shall surrender the certificate to the
22Illinois State Police Department and, upon failure to do so,
23the Illinois State Police Department shall seize the same.
24However, when the certification of a certified licensee is
25suspended, the certified licensee shall not operate as a
26certified licensee during the period in which the certificate

 

 

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1is suspended and, if operating during that period, shall be
2operating in violation of subsection (a) of Section 5-15 of
3this Act. A person who violates this Section is guilty of a
4Class A misdemeanor for a first violation, and a Class 4 felony
5for a second or subsequent violation. In addition to any other
6penalty provided by law, any person or entity who violates
7this Section shall pay a civil penalty to the Illinois State
8Police Department in an amount not to exceed $2,500 for the
9first violation, and a fine not to exceed $5,000 for a second
10or subsequent violation.
11(Source: P.A. 100-1178, eff. 1-18-19.)
 
12    (430 ILCS 68/5-105)
13    Sec. 5-105. Restoration of certificate of license after
14disciplinary proceedings. At any time after the successful
15completion of a term of probation, suspension, or revocation
16of a certificate of license, the Illinois State Police
17Department may restore it to the licensee, unless, after an
18investigation and a hearing, the Director determines that
19restoration is not in the public interest. No person or entity
20whose certificate of license, card, or authority has been
21revoked as authorized in this Act may apply for restoration of
22that certificate of license, card, or authority until such
23time as provided for in the Civil Administrative Code of
24Illinois.
25(Source: P.A. 100-1178, eff. 1-18-19.)
 

 

 

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1    (430 ILCS 68/5-110)
2    Sec. 5-110. Administrative review. All final
3administrative decisions of the Illinois State Police
4Department are subject to judicial review under Article III of
5the Code of Civil Procedure. The term "administrative
6decision" is defined as in Section 3-101 of the Code of Civil
7Procedure. The proceedings for judicial review shall be
8commenced in the circuit court of the county in which the party
9applying for review resides, but if the party is not a resident
10of this State, the venue shall be in Sangamon County. The
11Illinois State Police Department shall not be required to
12certify any record to the court, or file any answer in court,
13or otherwise appear in any court in a judicial review
14proceeding, unless, and until, the Illinois State Police
15Department has received from the plaintiff payment of the
16costs of furnishing and certifying the record, which costs
17shall be determined by the Illinois State Police Department.
18Exhibits shall be certified without cost. Failure on the part
19of the applicant or licensee to file a receipt in court is
20grounds for dismissal of the action.
21(Source: P.A. 100-1178, eff. 1-18-19.)
 
22    (430 ILCS 68/5-115)
23    Sec. 5-115. Prima facie proof.
24    (a) An order or a certified copy thereof, over the seal of

 

 

SB2037- 1457 -LRB102 17120 WGH 22551 b

1the Illinois State Police Department and purporting to be
2signed by the Director, is prima facie proof that the
3signature is that of the Director, and the Director is
4qualified to act.
5    (b) A certified copy of a record of the Illinois State
6Police Department shall, without further proof, be admitted
7into evidence in any legal proceeding, and shall be prima
8facie correct and prima facie evidence of the information
9contained therein.
10(Source: P.A. 100-1178, eff. 1-18-19.)
 
11    (430 ILCS 68/5-120)
12    Sec. 5-120. Federal agencies and investigations. Nothing
13in this Act shall be construed to interfere with any federal
14agency or any federal agency investigation. All Illinois State
15Police Department rules adopted under this Act shall comply
16with federal law. The Illinois State Police Department may as
17necessary coordinate efforts with relevant State and federal
18law enforcement agencies to enforce this Act.
19(Source: P.A. 100-1178, eff. 1-18-19.)
 
20    Section 895. The Humane Euthanasia in Animal Shelters Act
21is amended by changing Sections 35 and 55 as follows:
 
22    (510 ILCS 72/35)
23    Sec. 35. Technician certification; duties.

 

 

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1    (a) An applicant for certification as a euthanasia
2technician shall file an application with the Department and
3shall:
4        (1) Be 18 years of age.
5        (2) Be of good moral character. In determining moral
6    character under this Section, the Department may take into
7    consideration whether the applicant has engaged in conduct
8    or activities that would constitute grounds for discipline
9    under this Act.
10        (3) Each applicant for certification as a euthanasia
11    technician shall have his or her fingerprints submitted to
12    the Illinois Department of State Police in an electronic
13    format that complies with the form and manner for
14    requesting and furnishing criminal history record
15    information as prescribed by the Illinois Department of
16    State Police. These fingerprints shall be checked against
17    the Illinois Department of State Police and Federal Bureau
18    of Investigation criminal history record databases now and
19    hereafter filed. The Illinois Department of State Police
20    shall charge applicants a fee for conducting the criminal
21    history records check, which shall be deposited in the
22    State Police Services Fund and shall not exceed the actual
23    cost of the records check. The Illinois Department of
24    State Police shall furnish, pursuant to positive
25    identification, records of Illinois convictions to the
26    Department.

 

 

SB2037- 1459 -LRB102 17120 WGH 22551 b

1        (4) Hold a license or certification from the American
2    Humane Association, the National Animal Control
3    Association, the Illinois Federation of Humane Societies,
4    or the Humane Society of the United States issued within 3
5    years preceding the date of application. Every 5 years a
6    certified euthanasia technician must renew his or her
7    certification with the Department. At the time of renewal,
8    the technician must present proof that he or she attended
9    a class or seminar, administered by the American Humane
10    Association, the National Animal Control Association, the
11    Illinois Federation of Humane Societies, or the Humane
12    Society of the United States, that teaches techniques or
13    guidelines, or both, for humane animal euthanasia.
14        (5) Pay the required fee.
15    (b) The duties of a euthanasia technician shall include
16but are not limited to:
17        (1) preparing animals for euthanasia and scanning each
18    animal, prior to euthanasia, for microchips;
19        (2) accurately recording the dosages administered and
20    the amount of drugs wasted;
21        (3) ordering supplies;
22        (4) maintaining the security of all controlled
23    substances and drugs;
24        (5) humanely euthanizing animals via intravenous
25    injection by hypodermic needle, intraperitoneal injection
26    by hypodermic needle, or intracardiac injection only on

 

 

SB2037- 1460 -LRB102 17120 WGH 22551 b

1    comatose animals by hypodermic needle; and
2        (6) properly disposing of euthanized animals after
3    verification of death.
4    (c) A euthanasia technician employed by a euthanasia
5agency may perform euthanasia by the administration of a
6Schedule II or Schedule III nonnarcotic controlled substance.
7A euthanasia technician may not personally possess, order, or
8administer a controlled substance except as an agent of the
9euthanasia agency.
10    (d) Upon termination from a euthanasia agency, a
11euthanasia technician shall not perform animal euthanasia
12until he or she is employed by another certified euthanasia
13agency.
14    (e) A certified euthanasia technician or an instructor in
15an approved course does not engage in the practice of
16veterinary medicine when performing duties set forth in this
17Act.
18(Source: P.A. 96-780, eff. 8-28-09.)
 
19    (510 ILCS 72/55)
20    Sec. 55. Endorsement. An applicant, who is a euthanasia
21technician registered or licensed under the laws of another
22state or territory of the United States that has requirements
23that are substantially similar to the requirements of this
24Act, may be granted certification as a euthanasia technician
25in this State without examination, upon presenting

 

 

SB2037- 1461 -LRB102 17120 WGH 22551 b

1satisfactory proof to the Department that the applicant has
2been engaged in the practice of euthanasia for a period of not
3less than one year and upon payment of the required fee. In
4addition, an applicant shall have his or her fingerprints
5submitted to the Illinois Department of State Police for
6purposes of a criminal history records check pursuant to
7clause (a)(3) of Section 35.
8(Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
 
9    Section 900. The Wildlife Code is amended by changing
10Section 3.5 as follows:
 
11    (520 ILCS 5/3.5)  (from Ch. 61, par. 3.5)
12    Sec. 3.5. Penalties; probation.
13    (a) Any person who violates any of the provisions of
14Section 2.36a, including administrative rules, shall be guilty
15of a Class 3 felony, except as otherwise provided in
16subsection (b) of this Section and subsection (a) of Section
172.36a.
18    (b) Whenever any person who has not previously been
19convicted of, or placed on probation or court supervision for,
20any offense under Section 1.22, 2.36, or 2.36a or subsection
21(i) or (cc) of Section 2.33, the court may, without entering a
22judgment and with the person's consent, sentence the person to
23probation for a violation of Section 2.36a.
24        (1) When a person is placed on probation, the court

 

 

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1    shall enter an order specifying a period of probation of
2    24 months and shall defer further proceedings in the case
3    until the conclusion of the period or until the filing of a
4    petition alleging violation of a term or condition of
5    probation.
6        (2) The conditions of probation shall be that the
7    person:
8            (A) Not violate any criminal statute of any
9        jurisdiction.
10            (B) Perform no less than 30 hours of community
11        service, provided community service is available in
12        the jurisdiction and is funded and approved by the
13        county board.
14        (3) The court may, in addition to other conditions:
15            (A) Require that the person make a report to and
16        appear in person before or participate with the court
17        or courts, person, or social service agency as
18        directed by the court in the order of probation.
19            (B) Require that the person pay a fine and costs.
20            (C) Require that the person refrain from
21        possessing a firearm or other dangerous weapon.
22            (D) Prohibit the person from associating with any
23        person who is actively engaged in any of the
24        activities regulated by the permits issued or
25        privileges granted by the Department of Natural
26        Resources.

 

 

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1        (4) Upon violation of a term or condition of
2    probation, the court may enter a judgment on its original
3    finding of guilt and proceed as otherwise provided.
4        (5) Upon fulfillment of the terms and conditions of
5    probation, the court shall discharge the person and
6    dismiss the proceedings against the person.
7        (6) A disposition of probation is considered to be a
8    conviction for the purposes of imposing the conditions of
9    probation, for appeal, and for administrative revocation
10    and suspension of licenses and privileges; however,
11    discharge and dismissal under this Section is not a
12    conviction for purposes of disqualification or
13    disabilities imposed by law upon conviction of a crime.
14        (7) Discharge and dismissal under this Section may
15    occur only once with respect to any person.
16        (8) If a person is convicted of an offense under this
17    Act within 5 years subsequent to a discharge and dismissal
18    under this Section, the discharge and dismissal under this
19    Section shall be admissible in the sentencing proceeding
20    for that conviction as a factor in aggravation.
21        (9) The Circuit Clerk shall notify the Illinois
22    Department of State Police of all persons convicted of or
23    placed under probation for violations of Section 2.36a.
24    (c) Any person who violates any of the provisions of
25Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30,
262.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y),

 

 

SB2037- 1464 -LRB102 17120 WGH 22551 b

1and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 through 3.16, 3.19,
23.20, 3.21 (except subsections (b), (c), (d), (e), (f), (f.5),
3(g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection
4(f)), including administrative rules, shall be guilty of a
5Class B misdemeanor.
6    A person who violates Section 2.33b by using any computer
7software or service to remotely control a weapon that takes
8wildlife by remote operation is guilty of a Class B
9misdemeanor. A person who violates Section 2.33b by
10facilitating a violation of Section 2.33b, including an owner
11of land in which remote control hunting occurs, a computer
12programmer who designs a program or software to facilitate
13remote control hunting, or a person who provides weapons or
14equipment to facilitate remote control hunting, is guilty of a
15Class A misdemeanor.
16    Any person who violates any of the provisions of Sections
171.22, 2.2a, 2.3, 2.4, 2.36 and 2.38, including administrative
18rules, shall be guilty of a Class A misdemeanor. Any second or
19subsequent violations of Sections 2.4 and 2.36 shall be a
20Class 4 felony.
21    Any person who violates any of the provisions of this Act,
22including administrative rules, during such period when his
23license, privileges, or permit is revoked or denied by virtue
24of Section 3.36, shall be guilty of a Class A misdemeanor.
25    Any person who violates subsection (g), (i), (o), (p),
26(y), or (cc) of Section 2.33 shall be guilty of a Class A

 

 

SB2037- 1465 -LRB102 17120 WGH 22551 b

1misdemeanor and subject to a fine of no less than $500 and no
2more than $5,000 in addition to other statutory penalties. In
3addition, the Department shall suspend the privileges, under
4this Act, of any person found guilty of violating Section
52.33(cc) for a period of not less than one year.
6    Any person who violates any other of the provisions of
7this Act including administrative rules, unless otherwise
8stated, shall be guilty of a petty offense. Offenses committed
9by minors under the direct control or with the consent of a
10parent or guardian may subject the parent or guardian to the
11penalties prescribed in this Section.
12    In addition to any fines imposed pursuant to the
13provisions of this Section or as otherwise provided in this
14Act, any person found guilty of unlawfully taking or
15possessing any species protected by this Act, shall be
16assessed a civil penalty for such species in accordance with
17the values prescribed in Section 2.36a of this Act. This civil
18penalty shall be imposed by the Circuit Court for the county
19within which the offense was committed at the time of the
20conviction. All penalties provided for in this Section shall
21be remitted to the Department in accordance with the same
22provisions provided for in Section 1.18 of this Act.
23(Source: P.A. 97-431, eff. 8-16-11.)
 
24    Section 910. The Public Private Agreements for the Illiana
25Expressway Act is amended by changing Section 115 as follows:
 

 

 

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1    (605 ILCS 130/115)
2    Sec. 115. Additional powers of the Department with respect
3to the Illiana Expressway.
4    (a) The Department may exercise any powers provided under
5this Act in participation or cooperation with any governmental
6entity and enter into any contracts to facilitate that
7participation or cooperation. The Department shall cooperate
8with other governmental entities under this Act.
9    (b) The Department may make and enter into all contracts
10and agreements necessary or incidental to the performance of
11the Department's duties and the execution of the Department's
12powers under this Act. Except as otherwise required by law,
13these contracts or agreements are not subject to any approvals
14other than the approval of the Department, Governor, or
15federal agencies.
16    (c) The Department may pay the costs incurred under the
17public private agreement entered into under this Act from any
18funds available to the Department for the purpose of the
19Illiana Expressway under this Act or any other statute.
20    (d) The Department or other State agency may not take any
21action that would impair the public private agreement entered
22into under this Act, except as provided by law.
23    (e) The Department may enter into an agreement between and
24among the contractor, the Department, and the Illinois
25Department of State Police concerning the provision of law

 

 

SB2037- 1467 -LRB102 17120 WGH 22551 b

1enforcement assistance with respect to the Illiana Expressway
2under this Act.
3    (f) The Department is authorized to enter into
4arrangements with the Illinois State Police related to costs
5incurred in providing law enforcement assistance under this
6Act.
7(Source: P.A. 96-913, eff. 6-9-10.)
 
8    Section 915. The Railroad Police Act is amended by
9changing Section 2 as follows:
 
10    (610 ILCS 80/2)  (from Ch. 114, par. 98)
11    Sec. 2. Conductors of all railroad trains, and the captain
12or master of any boat carrying passengers within the
13jurisdiction of this State, are vested with police powers
14while on duty on their respective trains and boats, and may
15wear an appropriate badge indicative of this authority.
16    In the policing of its properties any registered rail
17carrier, as defined in Section 18c-7201 of the Illinois
18Vehicle Code, may provide for the appointment and maintenance
19of a police force to aid and supplement the police forces of
20any municipality in the protection of its property and the
21protection of the persons and property of its passengers and
22employees, or in furtherance of the purposes for which the
23railroad was organized. While engaged in the conduct of their
24employment, the members of the railroad police force have and

 

 

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1may exercise the same police powers conferred upon any peace
2officer employed by a law enforcement agency of this State,
3including the authority to issue administrative citations in
4accordance with the provisions of county or municipal
5ordinances.
6    Any registered rail carrier that appoints and maintains a
7police force shall comply with the following requirements:
8        (1) Establish an internal policy that includes
9    procedures to ensure objective oversight in addressing
10    allegations of abuse of authority or other misconduct on
11    the part of its police officers.
12        (2) Adopt appropriate policies and guidelines for
13    employee investigations by police officers. These policies
14    and guidelines shall provide for initiating employee
15    investigations only under the following conditions:
16            (A) There is reason to believe criminal misconduct
17        has occurred.
18            (B) In response to an employee accident.
19            (C) There is reason to believe that the interview
20        of an employee could result in workplace violence.
21            (D) There is a legitimate concern for the personal
22        safety of one or more employees.
23        These policies and guidelines shall provide for the
24    right of an employee to request a representative to be
25    present during any interview concerning a non-criminal
26    matter.

 

 

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1        (3) File copies of the policies and guidelines adopted
2    under paragraphs (1) and (2) with the Illinois Law
3    Enforcement Training Standards Board, which shall make
4    them available for public inspection. The Board shall
5    review the policies and guidelines, and approve them if
6    they comply with the Act.
7        (4) Appeal of a rail carrier's decision. A person
8    adversely affected or aggrieved by a decision of a rail
9    carrier's internal investigation under this Act may appeal
10    the decision to the Illinois State Police. The appeal
11    shall be filed no later than 90 days after the issuance of
12    the decision. The Illinois State Police shall review the
13    depth, completeness, and objectivity of the rail carrier's
14    investigation, and may conduct its own investigation of
15    the complaint. The Illinois State Police may uphold,
16    overturn, or modify the rail carrier's decision by filing
17    a report of its findings and recommendations with the
18    Illinois Commerce Commission. Consistent with authority
19    under Chapter 18C of the Illinois Vehicle Code and the
20    Commission rules of practice, the Commission shall have
21    the power to conduct evidentiary hearings, make findings,
22    and issue and enforce orders, including sanctions under
23    Section 18c-1704 of the Illinois Vehicle Code.
24    Rulemaking authority to implement this amendatory Act of
25the 95th General Assembly, if any, is conditioned on the rules
26being adopted in accordance with all provisions of the

 

 

SB2037- 1470 -LRB102 17120 WGH 22551 b

1Illinois Administrative Procedure Act and all rules and
2procedures of the Joint Committee on Administrative Rules; any
3purported rule not so adopted, for whatever reason, is
4unauthorized.
5(Source: P.A. 98-791, eff. 7-25-14; 99-78, eff. 7-20-15.)
 
6    Section 920. The Military Emergency Aircraft Restriction
7Act is amended by changing Section 5 as follows:
 
8    (620 ILCS 10/5)  (from Ch. 15 1/2, par. 183)
9    Sec. 5. Notice of the existence of a state of military
10emergency and of currently prevailing air traffic control
11requirements issued to the Department and to civil and
12military aviation facilities of this State over the Federal
13Interstate Airways Communications System and the State
14emergency fan-out system components of the Civil Air Defense
15Warning Net is sufficient to authorize the Department to
16control non-scheduled civil aircraft movement as provided in
17this Act.
18    The Department may utilize, to the extent of capacity, the
19radio network system of the Illinois State Police, county
20sheriffs' offices and municipal police departments in order to
21assure a reliable and adequate State fan-out communications
22system required for rapid dissemination of notices to airmen
23and civil aviation authorities respecting such aircraft
24movement control as may be required on the part of the

 

 

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1Department and airport operators and managers during the
2existence of a state of military emergency.
3(Source: P.A. 91-357, eff. 7-29-99.)
 
4    Section 930. The Public-Private Agreements for the South
5Suburban Airport Act is amended by changing Section 2-135 as
6follows:
 
7    (620 ILCS 75/2-135)
8    Sec. 2-135. Additional powers of the Department with
9respect to the South Suburban Airport.
10    (a) The Department may exercise any powers provided under
11this Act in participation or cooperation with any governmental
12entity and enter into any contracts to facilitate that
13participation or cooperation. The Department shall cooperate
14with other governmental entities under this Act.
15    (b) The Department may make and enter into all contracts
16and agreements necessary or incidental to the performance of
17the Department's duties and the execution of the Department's
18powers under this Act. Except as otherwise required by law,
19these contracts or agreements are not subject to any approvals
20other than the approval of the Department, Governor, or
21federal agencies and may contain any terms that are considered
22reasonable by the Department and not in conflict with any
23provisions of this Act or other statutes, rules, or laws.
24    (c) The Department may pay the costs incurred under the

 

 

SB2037- 1472 -LRB102 17120 WGH 22551 b

1public-private agreement entered into under this Act from any
2funds available to the Department for the purpose of the South
3Suburban Airport under this Act or any other statute.
4    (d) The Department and other State agencies shall not take
5any action that would impair the public-private agreement
6entered into under this Act, except as provided by law.
7    (e) The Department may enter into an agreement between and
8among the contractor, the Department, and the Illinois
9Department of State Police concerning the provision of law
10enforcement assistance with respect to the South Suburban
11Airport under this Act.
12    (f) The Department is authorized to enter into
13arrangements with the Illinois State Police related to costs
14incurred in providing law enforcement assistance under this
15Act.
16(Source: P.A. 98-109, eff. 7-25-13.)
 
17    Section 935. The Illinois Vehicle Code is amended by
18changing Sections 1-129, 2-116, 2-119, 3-117.1, 3-405, 3-416,
194-107, 4-109, 4-202, 4-203.5, 4-205, 4-206, 4-209, 4-302,
205-102, 5-105, 5-401.2, 5-402.1, 6-106.1, 6-106.1a, 6-107.5,
216-112, 6-402, 6-411, 6-508, 8-115, 11-212, 11-416, 11-501.01,
2211-501.2, 11-501.4-1, 11-501.5, 11-501.6, 11-501.8, 11-501.10,
2311-605.1, 11-907.1, 12-612, 13-109.1, 15-102, 15-112, 15-201,
2415-202, 15-203, 15-305, 16-102, 16-105, 18a-200, 18b-112,
2518c-1702, and 18c-4601 as follows:
 

 

 

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1    (625 ILCS 5/1-129)  (from Ch. 95 1/2, par. 1-129)
2    Sec. 1-129. Identification Number. The numbers and
3letters, if any, on a vehicle or essential part, affixed by its
4manufacturer, the Illinois Secretary of State or the Illinois
5Department of State Police for the purpose of identifying the
6vehicle or essential part, or which is required to be affixed
7to the vehicle or part by federal or state law.
8(Source: P.A. 84-1302; 84-1304.)
 
9    (625 ILCS 5/2-116)  (from Ch. 95 1/2, par. 2-116)
10    Sec. 2-116. Secretary of State Department of Police.
11    (a) The Secretary of State and the officers, inspectors,
12and investigators appointed by him shall cooperate with the
13Illinois State Police and the sheriffs and police in enforcing
14the laws regulating the operation of vehicles and the use of
15the highways.
16    (b) The Secretary of State may provide training and
17education for members of his office in traffic regulation, the
18promotion of traffic safety and the enforcement of laws vested
19in the Secretary of State for administration and enforcement
20regulating the operation of vehicles and the use of the
21highways.
22    (c) The Secretary of State may provide distinctive
23uniforms and badges for officers, inspectors and investigators
24employed in the administration of laws relating to the

 

 

SB2037- 1474 -LRB102 17120 WGH 22551 b

1operation of vehicles and the use of the highways and vesting
2the administration and enforcement of such laws in the
3Secretary of State.
4    (c-5) The Director of the Secretary of State Department of
5Police shall establish a program to allow a Secretary of State
6Police officer, inspector, or investigator who is honorably
7retiring in good standing to purchase either one or both of the
8following: (1) any Secretary of State Department of Police
9badge previously issued to that officer, inspector, or
10investigator; or (2) if the officer, inspector, or
11investigator has a currently valid Firearm Owner's
12Identification Card, the service firearm issued or previously
13issued to the officer, inspector, or investigator by the
14Secretary of State Department of Police. The cost of the
15firearm shall be the replacement value of the firearm and not
16the firearm's fair market value.
17    (d) The Secretary of State Department of Police is
18authorized to:
19        (1) investigate the origins, activities, persons, and
20    incidents of crime and the ways and means, if any, to
21    redress the victims of crimes, and study the impact, if
22    any, of legislation relative to the criminal laws of this
23    State related thereto and conduct any other investigations
24    as may be provided by law;
25        (2) employ skilled experts, technicians,
26    investigators, special agents, or otherwise specially

 

 

SB2037- 1475 -LRB102 17120 WGH 22551 b

1    qualified persons to aid in preventing or detecting crime,
2    apprehending criminals, or preparing and presenting
3    evidence of violations of the criminal laws of the State;
4        (3) cooperate with the police of cities, villages, and
5    incorporated towns, and with the police officers of any
6    county, in enforcing the laws of the State and in making
7    arrests;
8        (4) provide, as may be required by law, assistance to
9    local law enforcement agencies through training,
10    management, and consultant services for local law
11    enforcement agencies, pertaining to law enforcement
12    activities;
13        (5) exercise the rights, powers, and duties which have
14    been vested in it by the Secretary of State Act and this
15    Code; and
16        (6) enforce and administer any other laws in relation
17    to law enforcement as may be vested in the Secretary of
18    State Department of Police.
19    Persons within the Secretary of State Department of Police
20who exercise these powers are conservators of the peace and
21have all the powers possessed by policemen in municipalities
22and sheriffs, and may exercise these powers anywhere in the
23State in cooperation with local law enforcement officials.
24These persons may use false or fictitious names in the
25performance of their duties under this Section, upon approval
26of the Director of Police-Secretary of State, and shall not be

 

 

SB2037- 1476 -LRB102 17120 WGH 22551 b

1subject to prosecution under the criminal laws for that use.
2    (e) The Secretary of State Department of Police may
3charge, collect, and receive fees or moneys equivalent to the
4cost of providing its personnel, equipment, and services to
5governmental agencies when explicitly requested by a
6governmental agency and according to an intergovernmental
7agreement or memorandums of understanding as provided by this
8Section, including but not limited to fees or moneys
9equivalent to the cost of providing training to other
10governmental agencies on terms and conditions that in the
11judgment of the Director of Police-Secretary of State are in
12the best interest of the Secretary of State. All fees received
13by the Secretary of State Police Department under this Act
14shall be deposited in a special fund in the State Treasury to
15be known as the Secretary of State Police Services Fund. The
16money deposited in the Secretary of State Police Services Fund
17shall be appropriated to the Secretary of State Department of
18Police as provided for in subsection (g).
19    (f) The Secretary of State Department of Police may apply
20for grants or contracts and receive, expend, allocate, or
21disburse moneys made available by public or private entities,
22including, but not limited to, contracts, bequests, grants, or
23receiving equipment from corporations, foundations, or public
24or private institutions of higher learning.
25    (g) The Secretary of State Police Services Fund is hereby
26created as a special fund in the State Treasury. All moneys

 

 

SB2037- 1477 -LRB102 17120 WGH 22551 b

1received under this Section by the Secretary of State
2Department of Police shall be deposited into the Secretary of
3State Police Services Fund to be appropriated to the Secretary
4of State Department of Police for purposes as indicated by the
5grantor or contractor or, in the case of moneys bequeathed or
6granted for no specific purpose, for any purpose as deemed
7appropriate by the Director of Police-Secretary of State in
8administering the responsibilities of the Secretary of State
9Department of Police.
10(Source: P.A. 100-931, eff. 8-17-18.)
 
11    (625 ILCS 5/2-119)  (from Ch. 95 1/2, par. 2-119)
12    Sec. 2-119. Disposition of fees and taxes.
13    (a) All moneys received from Salvage Certificates shall be
14deposited in the Common School Fund in the State Treasury.
15    (b) Of the money collected for each certificate of title,
16duplicate certificate of title, and corrected certificate of
17title:
18        (1) $2.60 shall be deposited in the Park and
19    Conservation Fund;
20        (2) $0.65 shall be deposited in the Illinois Fisheries
21    Management Fund;
22        (3) $48 shall be disbursed under subsection (g) of
23    this Section;
24        (4) $4 shall be deposited into the Motor Vehicle
25    License Plate Fund; and

 

 

SB2037- 1478 -LRB102 17120 WGH 22551 b

1        (5) $30 shall be deposited into the Capital Projects
2    Fund.
3    All remaining moneys collected for certificates of title,
4and all moneys collected for filing of security interests,
5shall be deposited in the General Revenue Fund.
6    The $20 collected for each delinquent vehicle registration
7renewal fee shall be deposited into the General Revenue Fund.
8    The moneys deposited in the Park and Conservation Fund
9under this Section shall be used for the acquisition and
10development of bike paths as provided for in Section 805-420
11of the Department of Natural Resources (Conservation) Law of
12the Civil Administrative Code of Illinois. The moneys
13deposited into the Park and Conservation Fund under this
14subsection shall not be subject to administrative charges or
15chargebacks, unless otherwise authorized by this Code.
16    If the balance in the Motor Vehicle License Plate Fund
17exceeds $40,000,000 on the last day of a calendar month, then
18during the next calendar month, the $4 that otherwise would be
19deposited in that fund shall instead be deposited into the
20Road Fund.
21    (c) All moneys collected for that portion of a driver's
22license fee designated for driver education under Section
236-118 shall be placed in the Drivers Education Fund in the
24State Treasury.
25    (d) Of the moneys collected as a registration fee for each
26motorcycle, motor driven cycle, and moped, 27% shall be

 

 

SB2037- 1479 -LRB102 17120 WGH 22551 b

1deposited in the Cycle Rider Safety Training Fund.
2    (e) (Blank).
3    (f) Of the total money collected for a commercial
4learner's permit (CLP) or original or renewal issuance of a
5commercial driver's license (CDL) pursuant to the Uniform
6Commercial Driver's License Act (UCDLA): (i) $6 of the total
7fee for an original or renewal CDL, and $6 of the total CLP fee
8when such permit is issued to any person holding a valid
9Illinois driver's license, shall be paid into the
10CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License
11Information System/American Association of Motor Vehicle
12Administrators network/National Motor Vehicle Title
13Information Service Trust Fund) and shall be used for the
14purposes provided in Section 6z-23 of the State Finance Act
15and (ii) $20 of the total fee for an original or renewal CDL or
16CLP shall be paid into the Motor Carrier Safety Inspection
17Fund, which is hereby created as a special fund in the State
18Treasury, to be used by the Illinois Department of State
19Police, subject to appropriation, to hire additional officers
20to conduct motor carrier safety inspections pursuant to
21Chapter 18b of this Code.
22    (g) Of the moneys received by the Secretary of State as
23registration fees or taxes, certificates of title, duplicate
24certificates of title, corrected certificates of title, or as
25payment of any other fee under this Code, when those moneys are
26not otherwise distributed by this Code, 37% shall be deposited

 

 

SB2037- 1480 -LRB102 17120 WGH 22551 b

1into the State Construction Account Fund, and 63% shall be
2deposited in the Road Fund. Moneys in the Road Fund shall be
3used for the purposes provided in Section 8.3 of the State
4Finance Act.
5    (h) (Blank).
6    (i) (Blank).
7    (j) (Blank).
8    (k) There is created in the State Treasury a special fund
9to be known as the Secretary of State Special License Plate
10Fund. Money deposited into the Fund shall, subject to
11appropriation, be used by the Office of the Secretary of State
12(i) to help defray plate manufacturing and plate processing
13costs for the issuance and, when applicable, renewal of any
14new or existing registration plates authorized under this Code
15and (ii) for grants made by the Secretary of State to benefit
16Illinois Veterans Home libraries.
17    (l) The Motor Vehicle Review Board Fund is created as a
18special fund in the State Treasury. Moneys deposited into the
19Fund under paragraph (7) of subsection (b) of Section 5-101
20and Section 5-109 shall, subject to appropriation, be used by
21the Office of the Secretary of State to administer the Motor
22Vehicle Review Board, including without limitation payment of
23compensation and all necessary expenses incurred in
24administering the Motor Vehicle Review Board under the Motor
25Vehicle Franchise Act.
26    (m) Effective July 1, 1996, there is created in the State

 

 

SB2037- 1481 -LRB102 17120 WGH 22551 b

1Treasury a special fund to be known as the Family
2Responsibility Fund. Moneys deposited into the Fund shall,
3subject to appropriation, be used by the Office of the
4Secretary of State for the purpose of enforcing the Family
5Financial Responsibility Law.
6    (n) The Illinois Fire Fighters' Memorial Fund is created
7as a special fund in the State Treasury. Moneys deposited into
8the Fund shall, subject to appropriation, be used by the
9Office of the State Fire Marshal for construction of the
10Illinois Fire Fighters' Memorial to be located at the State
11Capitol grounds in Springfield, Illinois. Upon the completion
12of the Memorial, moneys in the Fund shall be used in accordance
13with Section 3-634.
14    (o) Of the money collected for each certificate of title
15for all-terrain vehicles and off-highway motorcycles, $17
16shall be deposited into the Off-Highway Vehicle Trails Fund.
17    (p) For audits conducted on or after July 1, 2003 pursuant
18to Section 2-124(d) of this Code, 50% of the money collected as
19audit fees shall be deposited into the General Revenue Fund.
20(Source: P.A. 98-176 (See Section 10 of P.A. 98-722 and
21Section 10 of P.A. 99-414 for the effective date of changes
22made by P.A. 98-176); 98-177, eff. 1-1-14; 98-756, eff.
237-16-14; 99-127, eff. 1-1-16; 99-933, eff. 1-27-17.)
 
24    (625 ILCS 5/3-117.1)  (from Ch. 95 1/2, par. 3-117.1)
25    Sec. 3-117.1. When junking certificates or salvage

 

 

SB2037- 1482 -LRB102 17120 WGH 22551 b

1certificates must be obtained.
2    (a) Except as provided in Chapter 4 and Section 3-117.3 of
3this Code, a person who possesses a junk vehicle shall within
415 days cause the certificate of title, salvage certificate,
5certificate of purchase, or a similarly acceptable
6out-of-state document of ownership to be surrendered to the
7Secretary of State along with an application for a junking
8certificate, except as provided in Section 3-117.2, whereupon
9the Secretary of State shall issue to such a person a junking
10certificate, which shall authorize the holder thereof to
11possess, transport, or, by an endorsement, transfer ownership
12in such junked vehicle, and a certificate of title shall not
13again be issued for such vehicle. The owner of a junk vehicle
14is not required to surrender the certificate of title under
15this subsection if (i) there is no lienholder on the
16certificate of title or (ii) the owner of the junk vehicle has
17a valid lien release from the lienholder releasing all
18interest in the vehicle and the owner applying for the junk
19certificate matches the current record on the certificate of
20title file for the vehicle.
21    A licensee who possesses a junk vehicle and a Certificate
22of Title, Salvage Certificate, Certificate of Purchase, or a
23similarly acceptable out-of-state document of ownership for
24such junk vehicle, may transport the junk vehicle to another
25licensee prior to applying for or obtaining a junking
26certificate, by executing a uniform invoice. The licensee

 

 

SB2037- 1483 -LRB102 17120 WGH 22551 b

1transferor shall furnish a copy of the uniform invoice to the
2licensee transferee at the time of transfer. In any case, the
3licensee transferor shall apply for a junking certificate in
4conformance with Section 3-117.1 of this Chapter. The
5following information shall be contained on a uniform invoice:
6        (1) The business name, address and dealer license
7    number of the person disposing of the vehicle, junk
8    vehicle or vehicle cowl;
9        (2) The name and address of the person acquiring the
10    vehicle, junk vehicle or vehicle cowl, and if that person
11    is a dealer, the Illinois or out-of-state dealer license
12    number of that dealer;
13        (3) The date of the disposition of the vehicle, junk
14    vehicle or vehicle cowl;
15        (4) The year, make, model, color and description of
16    each vehicle, junk vehicle or vehicle cowl disposed of by
17    such person;
18        (5) The manufacturer's vehicle identification number,
19    Secretary of State identification number or Illinois
20    Department of State Police number, for each vehicle, junk
21    vehicle or vehicle cowl part disposed of by such person;
22        (6) The printed name and legible signature of the
23    person or agent disposing of the vehicle, junk vehicle or
24    vehicle cowl; and
25        (7) The printed name and legible signature of the
26    person accepting delivery of the vehicle, junk vehicle or

 

 

SB2037- 1484 -LRB102 17120 WGH 22551 b

1    vehicle cowl.
2    The Secretary of State may certify a junking manifest in a
3form prescribed by the Secretary of State that reflects those
4vehicles for which junking certificates have been applied or
5issued. A junking manifest may be issued to any person and it
6shall constitute evidence of ownership for the vehicle listed
7upon it. A junking manifest may be transferred only to a person
8licensed under Section 5-301 of this Code as a scrap
9processor. A junking manifest will allow the transportation of
10those vehicles to a scrap processor prior to receiving the
11junk certificate from the Secretary of State.
12    (b) An application for a salvage certificate shall be
13submitted to the Secretary of State in any of the following
14situations:
15        (1) When an insurance company makes a payment of
16    damages on a total loss claim for a vehicle, the insurance
17    company shall be deemed to be the owner of such vehicle and
18    the vehicle shall be considered to be salvage except that
19    ownership of (i) a vehicle that has incurred only hail
20    damage that does not affect the operational safety of the
21    vehicle or (ii) any vehicle 9 model years of age or older
22    may, by agreement between the registered owner and the
23    insurance company, be retained by the registered owner of
24    such vehicle. The insurance company shall promptly deliver
25    or mail within 20 days the certificate of title along with
26    proper application and fee to the Secretary of State, and

 

 

SB2037- 1485 -LRB102 17120 WGH 22551 b

1    a salvage certificate shall be issued in the name of the
2    insurance company. Notwithstanding the foregoing, an
3    insurer making payment of damages on a total loss claim
4    for the theft of a vehicle shall not be required to apply
5    for a salvage certificate unless the vehicle is recovered
6    and has incurred damage that initially would have caused
7    the vehicle to be declared a total loss by the insurer.
8        (1.1) When a vehicle of a self-insured company is to
9    be sold in the State of Illinois and has sustained damaged
10    by collision, fire, theft, rust corrosion, or other means
11    so that the self-insured company determines the vehicle to
12    be a total loss, or if the cost of repairing the damage,
13    including labor, would be greater than 70% of its fair
14    market value without that damage, the vehicle shall be
15    considered salvage. The self-insured company shall
16    promptly deliver the certificate of title along with
17    proper application and fee to the Secretary of State, and
18    a salvage certificate shall be issued in the name of the
19    self-insured company. A self-insured company making
20    payment of damages on a total loss claim for the theft of a
21    vehicle may exchange the salvage certificate for a
22    certificate of title if the vehicle is recovered without
23    damage. In such a situation, the self-insured shall fill
24    out and sign a form prescribed by the Secretary of State
25    which contains an affirmation under penalty of perjury
26    that the vehicle was recovered without damage and the

 

 

SB2037- 1486 -LRB102 17120 WGH 22551 b

1    Secretary of State may, by rule, require photographs to be
2    submitted.
3        (2) When a vehicle the ownership of which has been
4    transferred to any person through a certificate of
5    purchase from acquisition of the vehicle at an auction,
6    other dispositions as set forth in Sections 4-208 and
7    4-209 of this Code, or a lien arising under Section
8    18a-501 of this Code shall be deemed salvage or junk at the
9    option of the purchaser. The person acquiring such vehicle
10    in such manner shall promptly deliver or mail, within 20
11    days after the acquisition of the vehicle, the certificate
12    of purchase, the proper application and fee, and, if the
13    vehicle is an abandoned mobile home under the Abandoned
14    Mobile Home Act, a certification from a local law
15    enforcement agency that the vehicle was purchased or
16    acquired at a public sale under the Abandoned Mobile Home
17    Act to the Secretary of State and a salvage certificate or
18    junking certificate shall be issued in the name of that
19    person. The salvage certificate or junking certificate
20    issued by the Secretary of State under this Section shall
21    be free of any lien that existed against the vehicle prior
22    to the time the vehicle was acquired by the applicant
23    under this Code.
24        (3) A vehicle which has been repossessed by a
25    lienholder shall be considered to be salvage only when the
26    repossessed vehicle, on the date of repossession by the

 

 

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1    lienholder, has sustained damage by collision, fire,
2    theft, rust corrosion, or other means so that the cost of
3    repairing such damage, including labor, would be greater
4    than 33 1/3% of its fair market value without such damage.
5    If the lienholder determines that such vehicle is damaged
6    in excess of 33 1/3% of such fair market value, the
7    lienholder shall, before sale, transfer or assignment of
8    the vehicle, make application for a salvage certificate,
9    and shall submit with such application the proper fee and
10    evidence of possession. If the facts required to be shown
11    in subsection (f) of Section 3-114 are satisfied, the
12    Secretary of State shall issue a salvage certificate in
13    the name of the lienholder making the application. In any
14    case wherein the vehicle repossessed is not damaged in
15    excess of 33 1/3% of its fair market value, the lienholder
16    shall comply with the requirements of subsections (f),
17    (f-5), and (f-10) of Section 3-114, except that the
18    affidavit of repossession made by or on behalf of the
19    lienholder shall also contain an affirmation under penalty
20    of perjury that the vehicle on the date of sale is not
21    damaged in excess of 33 1/3% of its fair market value. If
22    the facts required to be shown in subsection (f) of
23    Section 3-114 are satisfied, the Secretary of State shall
24    issue a certificate of title as set forth in Section 3-116
25    of this Code. The Secretary of State may by rule or
26    regulation require photographs to be submitted.

 

 

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1        (4) A vehicle which is a part of a fleet of more than 5
2    commercial vehicles registered in this State or any other
3    state or registered proportionately among several states
4    shall be considered to be salvage when such vehicle has
5    sustained damage by collision, fire, theft, rust,
6    corrosion or similar means so that the cost of repairing
7    such damage, including labor, would be greater than 33
8    1/3% of the fair market value of the vehicle without such
9    damage. If the owner of a fleet vehicle desires to sell,
10    transfer, or assign his interest in such vehicle to a
11    person within this State other than an insurance company
12    licensed to do business within this State, and the owner
13    determines that such vehicle, at the time of the proposed
14    sale, transfer or assignment is damaged in excess of 33
15    1/3% of its fair market value, the owner shall, before
16    such sale, transfer or assignment, make application for a
17    salvage certificate. The application shall contain with it
18    evidence of possession of the vehicle. If the fleet
19    vehicle at the time of its sale, transfer, or assignment
20    is not damaged in excess of 33 1/3% of its fair market
21    value, the owner shall so state in a written affirmation
22    on a form prescribed by the Secretary of State by rule or
23    regulation. The Secretary of State may by rule or
24    regulation require photographs to be submitted. Upon sale,
25    transfer or assignment of the fleet vehicle the owner
26    shall mail the affirmation to the Secretary of State.

 

 

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1        (5) A vehicle that has been submerged in water to the
2    point that rising water has reached over the door sill and
3    has entered the passenger or trunk compartment is a "flood
4    vehicle". A flood vehicle shall be considered to be
5    salvage only if the vehicle has sustained damage so that
6    the cost of repairing the damage, including labor, would
7    be greater than 33 1/3% of the fair market value of the
8    vehicle without that damage. The salvage certificate
9    issued under this Section shall indicate the word "flood",
10    and the word "flood" shall be conspicuously entered on
11    subsequent titles for the vehicle. A person who possesses
12    or acquires a flood vehicle that is not damaged in excess
13    of 33 1/3% of its fair market value shall make application
14    for title in accordance with Section 3-116 of this Code,
15    designating the vehicle as "flood" in a manner prescribed
16    by the Secretary of State. The certificate of title issued
17    shall indicate the word "flood", and the word "flood"
18    shall be conspicuously entered on subsequent titles for
19    the vehicle.
20        (6) When any licensed rebuilder, repairer, new or used
21    vehicle dealer, or remittance agent has submitted an
22    application for title to a vehicle (other than an
23    application for title to a rebuilt vehicle) that he or she
24    knows or reasonably should have known to have sustained
25    damages in excess of 33 1/3% of the vehicle's fair market
26    value without that damage; provided, however, that any

 

 

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1    application for a salvage certificate for a vehicle
2    recovered from theft and acquired from an insurance
3    company shall be made as required by paragraph (1) of this
4    subsection (b).
5    (c) Any person who without authority acquires, sells,
6exchanges, gives away, transfers or destroys or offers to
7acquire, sell, exchange, give away, transfer or destroy the
8certificate of title to any vehicle which is a junk or salvage
9vehicle shall be guilty of a Class 3 felony.
10    (d) Except as provided under subsection (a), any person
11who knowingly fails to surrender to the Secretary of State a
12certificate of title, salvage certificate, certificate of
13purchase or a similarly acceptable out-of-state document of
14ownership as required under the provisions of this Section is
15guilty of a Class A misdemeanor for a first offense and a Class
164 felony for a subsequent offense; except that a person
17licensed under this Code who violates paragraph (5) of
18subsection (b) of this Section is guilty of a business offense
19and shall be fined not less than $1,000 nor more than $5,000
20for a first offense and is guilty of a Class 4 felony for a
21second or subsequent violation.
22    (e) Any vehicle which is salvage or junk may not be driven
23or operated on roads and highways within this State. A
24violation of this subsection is a Class A misdemeanor. A
25salvage vehicle displaying valid special plates issued under
26Section 3-601(b) of this Code, which is being driven to or from

 

 

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1an inspection conducted under Section 3-308 of this Code, is
2exempt from the provisions of this subsection. A salvage
3vehicle for which a short term permit has been issued under
4Section 3-307 of this Code is exempt from the provisions of
5this subsection for the duration of the permit.
6(Source: P.A. 100-104, eff. 11-9-17; 100-956, eff. 1-1-19;
7100-1083, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
8    (625 ILCS 5/3-405)  (from Ch. 95 1/2, par. 3-405)
9    Sec. 3-405. Application for registration.
10    (a) Every owner of a vehicle subject to registration under
11this Code shall make application to the Secretary of State for
12the registration of such vehicle upon the appropriate form or
13forms furnished by the Secretary. Every such application shall
14bear the signature of the owner written with pen and ink and
15contain:
16        1. The name, domicile address, as defined in Section
17    1-115.5 of this Code, (except as otherwise provided in
18    this paragraph 1), mail address of the owner or business
19    address of the owner if a firm, association, or
20    corporation, and, if available, email address of the
21    owner. If the mailing address is a post office box number,
22    the address listed on the driver license record may be
23    used to verify residence. A police officer, a deputy
24    sheriff, an elected sheriff, a law enforcement officer for
25    the Illinois Department of State Police, a fire

 

 

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1    investigator, a state's attorney, an assistant state's
2    attorney, a state's attorney special investigator, or a
3    judicial officer may elect to furnish the address of the
4    headquarters of the governmental entity, police district,
5    or business address where he or she works instead of his or
6    her domicile address, in which case that address shall be
7    deemed to be his or her domicile address for all purposes
8    under this Chapter 3. The spouse and children of a person
9    who may elect under this paragraph 1 to furnish the
10    address of the headquarters of the government entity,
11    police district, or business address where the person
12    works instead of the person's domicile address may, if
13    they reside with that person, also elect to furnish the
14    address of the headquarters of the government entity,
15    police district, or business address where the person
16    works as their domicile address, in which case that
17    address shall be deemed to be their domicile address for
18    all purposes under this Chapter 3. In this paragraph 1:
19    (A) "police officer" has the meaning ascribed to
20    "policeman" in Section 10-3-1 of the Illinois Municipal
21    Code; (B) "deputy sheriff" means a deputy sheriff
22    appointed under Section 3-6008 of the Counties Code; (C)
23    "elected sheriff" means a sheriff commissioned pursuant to
24    Section 3-6001 of the Counties Code; (D) "fire
25    investigator" means a person classified as a peace officer
26    under the Peace Officer Fire Investigation Act; (E)

 

 

SB2037- 1493 -LRB102 17120 WGH 22551 b

1    "state's attorney", "assistant state's attorney", and
2    "state's attorney special investigator" mean a state's
3    attorney, assistant state's attorney, and state's attorney
4    special investigator commissioned or appointed under
5    Division 3-9 of the Counties Code; and (F) "judicial
6    officer" has the meaning ascribed to it in Section 1-10 of
7    the Judicial Privacy Act.
8        2. A description of the vehicle, including such
9    information as is required in an application for a
10    certificate of title, determined under such standard
11    rating as may be prescribed by the Secretary.
12        3. (Blank).
13        4. Such further information as may reasonably be
14    required by the Secretary to enable him to determine
15    whether the vehicle is lawfully entitled to registration
16    and the owner entitled to a certificate of title.
17        5. An affirmation by the applicant that all
18    information set forth is true and correct. If the
19    application is for the registration of a motor vehicle,
20    the applicant also shall affirm that the motor vehicle is
21    insured as required by this Code, that such insurance will
22    be maintained throughout the period for which the motor
23    vehicle shall be registered, and that neither the owner,
24    nor any person operating the motor vehicle with the
25    owner's permission, shall operate the motor vehicle unless
26    the required insurance is in effect. If the person signing

 

 

SB2037- 1494 -LRB102 17120 WGH 22551 b

1    the affirmation is not the sole owner of the vehicle, such
2    person shall be deemed to have affirmed on behalf of all
3    the owners of the vehicle. If the person signing the
4    affirmation is not an owner of the vehicle, such person
5    shall be deemed to have affirmed on behalf of the owner or
6    owners of the vehicle. The lack of signature on the
7    application shall not in any manner exempt the owner or
8    owners from any provisions, requirements or penalties of
9    this Code.
10    (b) When such application refers to a new vehicle
11purchased from a dealer the application shall be accompanied
12by a Manufacturer's Statement of Origin from the dealer, and a
13statement showing any lien retained by the dealer.
14(Source: P.A. 100-145, eff. 1-1-18.)
 
15    (625 ILCS 5/3-416)  (from Ch. 95 1/2, par. 3-416)
16    Sec. 3-416. Notice of change of address or name.
17    (a) Whenever any person after making application for or
18obtaining the registration of a vehicle shall move from the
19address named in the application or shown upon a registration
20card such person shall within 10 days thereafter notify the
21Secretary of State of his or her old and new address.
22    (a-5) A police officer, a deputy sheriff, an elected
23sheriff, a law enforcement officer for the Illinois Department
24of State Police, or a fire investigator who, in accordance
25with Section 3-405, has furnished the address of the office of

 

 

SB2037- 1495 -LRB102 17120 WGH 22551 b

1the headquarters of the governmental entity or police district
2where he or she works instead of his or her domicile address
3shall, within 10 days after he or she is no longer employed by
4that governmental entity or police district as a police
5officer, a deputy sheriff, an elected sheriff, a law
6enforcement officer for the Illinois Department of State
7Police or a fire investigator, notify the Secretary of State
8of the old address and his or her new address. If, in
9accordance with Section 3-405, the spouse and children of a
10police officer, deputy sheriff, elected sheriff, law
11enforcement officer for the Illinois Department of State
12Police, or fire investigator have furnished the address of the
13office of the headquarters of the governmental entity or
14police district where the police officer, deputy sheriff,
15elected sheriff, law enforcement officer for the Illinois
16Department of State Police, or fire investigator works instead
17of their domicile address, the spouse and children shall
18notify the Secretary of State of their old address and new
19address within 10 days after the police officer, deputy
20sheriff, elected sheriff, law enforcement officer for the
21Illinois Department of State Police, or fire investigator is
22no longer employed by that governmental entity or police
23district as a police officer, deputy sheriff, elected sheriff,
24law enforcement officer for the Illinois Department of State
25Police, or fire investigator.
26    (b) Whenever the name of any person who has made

 

 

SB2037- 1496 -LRB102 17120 WGH 22551 b

1application for or obtained the registration of a vehicle is
2thereafter changed by marriage or otherwise such person shall
3within 10 days notify the Secretary of State of such former and
4new name.
5    (c) In either event, any such person may obtain a
6corrected registration card or certificate of title upon
7application and payment of the statutory fee.
8(Source: P.A. 94-239, eff. 1-1-06; 95-207, eff. 1-1-08.)
 
9    (625 ILCS 5/4-107)  (from Ch. 95 1/2, par. 4-107)
10    Sec. 4-107. Stolen, converted, recovered and unclaimed
11vehicles.
12    (a) Every Sheriff, Superintendent of police, Chief of
13police or other police officer in command of any Police
14department in any City, Village or Town of the State, shall, by
15the fastest means of communications available to his law
16enforcement agency, immediately report to the Illinois State
17Police, in Springfield, Illinois, the theft or recovery of any
18stolen or converted vehicle within his district or
19jurisdiction. The report shall give the date of theft,
20description of the vehicle including color, year of
21manufacture, manufacturer's trade name, manufacturer's series
22name, body style, vehicle identification number and license
23registration number, including the state in which the license
24was issued and the year of issuance, together with the name,
25residence address, business address, and telephone number of

 

 

SB2037- 1497 -LRB102 17120 WGH 22551 b

1the owner. The report shall be routed by the originating law
2enforcement agency through the Illinois State Police District
3in which such agency is located.
4    (b) A registered owner or a lienholder may report the
5theft by conversion of a vehicle, to the Illinois State
6Police, or any other police department or Sheriff's office.
7Such report will be accepted as a report of theft and processed
8only if a formal complaint is on file and a warrant issued.
9    (c) An operator of a place of business for garaging,
10repairing, parking or storing vehicles for the public, in
11which a vehicle remains unclaimed, after being left for the
12purpose of garaging, repairing, parking or storage, for a
13period of 15 days, shall, within 5 days after the expiration of
14that period, report the vehicle as unclaimed to the municipal
15police when the vehicle is within the corporate limits of any
16City, Village or incorporated Town, or the County Sheriff, or
17State Police when the vehicle is outside the corporate limits
18of a City, Village or incorporated Town. This Section does not
19apply to any vehicle:
20        (1) removed to a place of storage by a law enforcement
21    agency having jurisdiction, in accordance with Sections
22    4-201 and 4-203 of this Act; or
23        (2) left under a garaging, repairing, parking, or
24    storage order signed by the owner, lessor, or other
25    legally entitled person.
26    Failure to comply with this Section will result in the

 

 

SB2037- 1498 -LRB102 17120 WGH 22551 b

1forfeiture of storage fees for that vehicle involved.
2    (d) The Illinois State Police shall keep a complete record
3of all reports filed under this Section of the Act. Upon
4receipt of such report, a careful search shall be made of the
5records of the office of the Illinois State Police, and where
6it is found that a vehicle reported recovered was stolen in a
7County, City, Village or Town other than the County, City,
8Village or Town in which it is recovered, the Illinois State
9Police shall immediately notify the Sheriff, Superintendent of
10police, Chief of police, or other police officer in command of
11the Sheriff's office or Police department of the County, City,
12Village or Town in which the vehicle was originally reported
13stolen, giving complete data as to the time and place of
14recovery.
15    (e) Notification of the theft or conversion of a vehicle
16will be furnished to the Secretary of State by the Illinois
17State Police. The Secretary of State shall place the proper
18information in the license registration and title registration
19files to indicate the theft or conversion of a motor vehicle or
20other vehicle. Notification of the recovery of a vehicle
21previously reported as a theft or a conversion will be
22furnished to the Secretary of State by the Illinois State
23Police. The Secretary of State shall remove the proper
24information from the license registration and title
25registration files that has previously indicated the theft or
26conversion of a vehicle. The Secretary of State shall suspend

 

 

SB2037- 1499 -LRB102 17120 WGH 22551 b

1the registration of a vehicle upon receipt of a report from the
2Illinois State Police that such vehicle was stolen or
3converted.
4    (f) When the Secretary of State receives an application
5for a certificate of title or an application for registration
6of a vehicle and it is determined from the records of the
7office of the Secretary of State that such vehicle has been
8reported stolen or converted, the Secretary of State shall
9immediately notify the Illinois State Police or the Secretary
10of State Department of Police and shall give the Illinois
11State Police or the Secretary of State Department of Police
12the name and address of the person or firm titling or
13registering the vehicle, together with all other information
14contained in the application submitted by such person or firm.
15If the Secretary of State Department of Police receives
16notification under this subsection (f), it shall conduct an
17investigation concerning the identity of the registered owner
18of the stolen or converted vehicle.
19    (g) During the usual course of business the manufacturer
20of any vehicle shall place an original manufacturer's vehicle
21identification number on all such vehicles manufactured and on
22any part of such vehicles requiring an identification number.
23    (h) Except provided in subsection (h-1), if a
24manufacturer's vehicle identification number is missing or has
25been removed, changed or mutilated on any vehicle, or any part
26of such vehicle requiring an identification number, the

 

 

SB2037- 1500 -LRB102 17120 WGH 22551 b

1Illinois State Police or the Secretary of State Department of
2Police shall restore, restamp or reaffix the vehicle
3identification number plate, or affix a new plate bearing the
4original manufacturer's vehicle identification number on each
5such vehicle and on all necessary parts of the vehicles. A
6vehicle identification number so affixed, restored, restamped,
7reaffixed or replaced is not falsified, altered or forged
8within the meaning of this Act.
9    (h-1) A person engaged in the repair or servicing of
10vehicles may reaffix a manufacturer's identification number
11plate on the same damaged vehicle from which it was originally
12removed, if the person reaffixes the original manufacturer's
13identification number plate in place of the identification
14number plate affixed on a new dashboard that has been
15installed in the vehicle. The person must notify the Secretary
16of State each time the original manufacturer's identification
17number plate is reaffixed on a vehicle. The person must keep a
18record indicating that the identification number plate affixed
19on the new dashboard has been removed and has been replaced by
20the manufacturer's identification number plate originally
21affixed on the vehicle. The person also must keep a record
22regarding the status and location of the identification number
23plate removed from the replacement dashboard. The Secretary
24shall adopt rules for implementing this subsection (h-1).
25    (h-2) The owner of a vehicle repaired under subsection
26(h-1) must, within 90 days of the date of the repairs, contact

 

 

SB2037- 1501 -LRB102 17120 WGH 22551 b

1an officer of the Illinois State Police Vehicle Inspection
2Bureau and arrange for an inspection of the vehicle, by the
3officer or the officer's designee, at a mutually agreed upon
4date and location.
5    (i) If a vehicle or part of any vehicle is found to have
6the manufacturer's identification number removed, altered,
7defaced or destroyed, the vehicle or part shall be seized by
8any law enforcement agency having jurisdiction and held for
9the purpose of identification. In the event that the
10manufacturer's identification number of a vehicle or part
11cannot be identified, the vehicle or part shall be considered
12contraband, and no right of property shall exist in any person
13owning, leasing or possessing such property, unless the person
14owning, leasing or possessing the vehicle or part acquired
15such without knowledge that the manufacturer's vehicle
16identification number has been removed, altered, defaced,
17falsified or destroyed.
18    Either the seizing law enforcement agency or the State's
19Attorney of the county where the seizure occurred may make an
20application for an order of forfeiture to the circuit court in
21the county of seizure. The application for forfeiture shall be
22independent from any prosecution arising out of the seizure
23and is not subject to any final determination of such
24prosecution. The circuit court shall issue an order forfeiting
25the property to the seizing law enforcement agency if the
26court finds that the property did not at the time of seizure

 

 

SB2037- 1502 -LRB102 17120 WGH 22551 b

1possess a valid manufacturer's identification number and that
2the original manufacturer's identification number cannot be
3ascertained. The seizing law enforcement agency may:
4        (1) retain the forfeited property for official use; or
5        (2) sell the forfeited property and distribute the
6    proceeds in accordance with Section 4-211 of this Code, or
7    dispose of the forfeited property in such manner as the
8    law enforcement agency deems appropriate.
9    (i-1) If a motorcycle is seized under subsection (i), the
10motorcycle must be returned within 45 days of the date of
11seizure to the person from whom it was seized, unless (i)
12criminal charges are pending against that person or (ii) an
13application for an order of forfeiture has been submitted to
14the circuit in the county of seizure or (iii) the circuit court
15in the county of seizure has received from the seizing law
16enforcement agency and has granted a petition to extend, for a
17single 30 day period, the 45 days allowed for return of the
18motorcycle. Except as provided in subsection (i-2), a
19motorcycle returned to the person from whom it was seized must
20be returned in essentially the same condition it was in at the
21time of seizure.
22    (i-2) If any part or parts of a motorcycle seized under
23subsection (i) are found to be stolen and are removed, the
24seizing law enforcement agency is not required to replace the
25part or parts before returning the motorcycle to the person
26from whom it was seized.

 

 

SB2037- 1503 -LRB102 17120 WGH 22551 b

1    (j) The Illinois State Police or the Secretary of State
2Department of Police shall notify the Secretary of State each
3time a manufacturer's vehicle identification number is
4affixed, reaffixed, restored or restamped on any vehicle. The
5Secretary of State shall make the necessary changes or
6corrections in his records, after the proper applications and
7fees have been submitted, if applicable.
8    (k) Any vessel, vehicle or aircraft used with knowledge
9and consent of the owner in the commission of, or in the
10attempt to commit as defined in Section 8-4 of the Criminal
11Code of 2012, an offense prohibited by Section 4-103 of this
12Chapter, including transporting of a stolen vehicle or stolen
13vehicle parts, shall be seized by any law enforcement agency.
14The seizing law enforcement agency may:
15        (1) return the vehicle to its owner if such vehicle is
16    stolen; or
17        (2) confiscate the vehicle and retain it for any
18    purpose which the law enforcement agency deems
19    appropriate; or
20        (3) sell the vehicle at a public sale or dispose of the
21    vehicle in such other manner as the law enforcement agency
22    deems appropriate.
23    If the vehicle is sold at public sale, the proceeds of the
24sale shall be paid to the law enforcement agency.
25    The law enforcement agency shall not retain, sell or
26dispose of a vehicle under paragraphs (2) or (3) of this

 

 

SB2037- 1504 -LRB102 17120 WGH 22551 b

1subsection (k) except upon an order of forfeiture issued by
2the circuit court. The circuit court may issue such order of
3forfeiture upon application of the law enforcement agency or
4State's Attorney of the county where the law enforcement
5agency has jurisdiction, or in the case of the Illinois
6Department of State Police or the Secretary of State, upon
7application of the Attorney General.
8    The court shall issue the order if the owner of the vehicle
9has been convicted of transporting stolen vehicles or stolen
10vehicle parts and the evidence establishes that the owner's
11vehicle has been used in the commission of such offense.
12    The provisions of subsection (k) of this Section shall not
13apply to any vessel, vehicle or aircraft, which has been
14leased, rented or loaned by its owner, if the owner did not
15have knowledge of and consent to the use of the vessel, vehicle
16or aircraft in the commission of, or in an attempt to commit,
17an offense prohibited by Section 4-103 of this Chapter.
18(Source: P.A. 100-956, eff. 1-1-19.)
 
19    (625 ILCS 5/4-109)
20    Sec. 4-109. Motor Vehicle Theft Prevention Program. The
21Secretary of State, in conjunction with the Motor Vehicle
22Theft Prevention and Insurance Verification Council, is hereby
23authorized to establish and operate a Motor Vehicle Theft
24Prevention Program as follows:
25    (a) Voluntary program participation.

 

 

SB2037- 1505 -LRB102 17120 WGH 22551 b

1    (b) The registered owner of a motor vehicle interested in
2participating in the program shall sign an informed consent
3agreement designed by the Secretary of State under subsection
4(e) of this Section indicating that the motor vehicle
5registered to him is not normally operated between the hours
6of 1:00 a.m. and 5:00 a.m. The form and fee, if any, shall be
7submitted to the Secretary of State for processing.
8    (c) Upon processing the form, the Secretary of State shall
9issue to the registered owner a decal. The registered owner
10shall affix the decal in a conspicuous place on his motor
11vehicle as prescribed by the Secretary of State.
12    (d) Whenever any law enforcement officer shall see a motor
13vehicle displaying a decal issued under the provisions of
14subsection (c) of this Section being operated upon the public
15highways of this State between the hours of 1:00 a.m. and 5:00
16a.m., the officer is authorized to stop that motor vehicle and
17to request the driver to produce a valid driver's license and
18motor vehicle registration card if required to be carried in
19the vehicle. Whenever the operator of a motor vehicle
20displaying a decal is unable to produce the documentation set
21forth in this Section, the police officer shall investigate
22further to determine if the person operating the motor vehicle
23is the registered owner or has the authorization of the owner
24to operate the vehicle.
25    (e) The Secretary of State, in consultation with the
26Director of the Illinois Department of State Police and Motor

 

 

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1Vehicle Theft Prevention and Insurance Verification Council,
2shall design the manner and form of the informed consent
3agreement required under subsection (b) of this Section and
4the decal required under subsection (c) of this Section.
5    (f) The Secretary of State shall provide for the recording
6of registered owners of motor vehicles who participate in the
7program. The records shall be available to all law enforcement
8departments, agencies, and forces. The Secretary of State
9shall cooperate with and assist all law enforcement officers
10and other agencies in tracing or examining any questionable
11motor vehicles in order to determine the ownership of the
12motor vehicles.
13    (g) A fee not to exceed $10 may be charged for the informed
14consent form and decal provided under this Section. The fee,
15if any, shall be set by the Motor Vehicle Theft Prevention and
16Insurance Verification Council and shall be collected by the
17Secretary of State and deposited into the Motor Vehicle Theft
18Prevention and Insurance Verification Trust Fund.
19    (h) The Secretary of State, in consultation with the
20Director of the Illinois Department of State Police and the
21Motor Vehicle Theft Prevention and Insurance Verification
22Council shall promulgate rules and regulations to effectuate
23the purposes of this Section.
24(Source: P.A. 100-373, eff. 1-1-18.)
 
25    (625 ILCS 5/4-202)  (from Ch. 95 1/2, par. 4-202)

 

 

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1    Sec. 4-202. Abandoned, lost, stolen or unclaimed vehicle
2notification to law enforcement agencies.
3    When an abandoned, lost, stolen or unclaimed vehicle comes
4into the temporary possession or custody of a person in this
5State, not the owner of the vehicle, such person shall
6immediately notify the municipal police when the vehicle is
7within the corporate limits of any city, village or town
8having a duly authorized police department, or the State
9Police or the county sheriff when the vehicle is outside the
10corporate limits of a city, village or town. Upon receipt of
11such notification, the municipal police, Illinois State Police
12or county sheriff will authorize a towing service to remove
13and take possession of the abandoned, lost, stolen or
14unclaimed vehicle. The towing service will safely keep the
15towed vehicle and its contents, maintain a record of the tow as
16set forth in Section 4-204 for law enforcement agencies, until
17the vehicle is claimed by the owner or any other person legally
18entitled to possession thereof or until it is disposed of as
19provided in this Chapter.
20(Source: P.A. 78-858.)
 
21    (625 ILCS 5/4-203.5)
22    Sec. 4-203.5. Tow rotation list.
23    (a) Each law enforcement agency whose duties include the
24patrol of highways in this State shall maintain a tow rotation
25list which shall be used by law enforcement officers

 

 

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1authorizing the tow of a vehicle within the jurisdiction of
2the law enforcement agency. To ensure adequate response time,
3a law enforcement agency may maintain multiple tow rotation
4lists, with each tow rotation list covering tows authorized in
5different geographic locations within the jurisdiction of the
6law enforcement agency. A towing service may be included on
7more than one tow rotation list.
8    (b) Any towing service operating within the jurisdiction
9of a law enforcement agency may submit an application in a form
10and manner prescribed by the law enforcement agency for
11inclusion on the law enforcement agency's tow rotation list.
12The towing service does not need to be located within the
13jurisdiction of the law enforcement agency. To be included on
14a tow rotation list the towing service must meet the following
15requirements:
16        (1) possess a license permitting the towing service to
17    operate in every unit of local government in the law
18    enforcement agency's jurisdiction that requires a license
19    for the operation of a towing service;
20        (2) if required by the law enforcement agency for
21    inclusion on that law enforcement agency's tow rotation
22    list, each owner of the towing service and each person
23    operating a vehicle on behalf of the towing service shall
24    submit his or her fingerprints to the Illinois Department
25    of State Police in the form and manner prescribed by the
26    Illinois Department of State Police. These fingerprints

 

 

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1    should be transmitted through a live scan fingerprint
2    vendor licensed by the Department of Financial and
3    Professional Regulation. These fingerprints shall be
4    checked against the fingerprint records now and hereafter
5    filed in the Illinois Department of State Police and
6    Federal Bureau of Investigation criminal history records
7    databases. The Illinois Department of State Police shall
8    charge a fee for conducting the criminal history record
9    check, which shall be deposited in the State Police
10    Services Fund and shall not exceed the actual cost of the
11    State and national criminal history record check. The
12    Illinois Department of State Police shall furnish,
13    pursuant to positive identification, all Illinois
14    conviction information to the law enforcement agency
15    maintaining the tow rotation list and shall forward the
16    national criminal history record information to the law
17    enforcement agency maintaining the tow rotation list. A
18    person may not own a towing service or operate a vehicle on
19    behalf of a towing service included on a tow rotation list
20    if that person has been convicted during the 5 years
21    preceding the application of a criminal offense involving
22    one or more of the following:
23            (A) bodily injury or attempt to inflict bodily
24        injury to another person;
25            (B) theft of property or attempted theft of
26        property; or

 

 

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1            (C) sexual assault or attempted sexual assault of
2        any kind;
3        (3) each person operating a vehicle on behalf of the
4    towing service must be classified for the type of towing
5    operation he or she shall be performing and the vehicle he
6    or she shall be operating;
7        (4) possess and maintain the following insurance in
8    addition to any other insurance required by law:
9            (A) comprehensive automobile liability insurance
10        with a minimum combined single limit coverage of
11        $1,000,000;
12            (B) commercial general liability insurance with
13        limits of not less than $1,000,000 per occurrence,
14        $100,000 minimum garage keepers legal liability
15        insurance, and $100,000 minimum on-hook coverage or
16        cargo insurance; and
17            (C) a worker's compensation policy covering every
18        person operating a tow truck on behalf of the towing
19        service, if required under current law;
20        (5) possess a secure parking lot used for short-term
21    vehicle storage after a vehicle is towed that is open
22    during business hours and is equipped with security
23    features as required by the law enforcement agency;
24        (6) utilize only vehicles that possess a valid vehicle
25    registration, display a valid Illinois license plate in
26    accordance with Section 5-202 of this Code, and comply

 

 

SB2037- 1511 -LRB102 17120 WGH 22551 b

1    with the weight requirements of this Code;
2        (7) every person operating a towing or recovery
3    vehicle on behalf of the towing service must have
4    completed a Traffic Incident Management Training Program
5    approved by the Department of Transportation;
6        (8) hold a valid authority issued to it by the
7    Illinois Commerce Commission;
8        (9) comply with all other applicable federal, State,
9    and local laws; and
10        (10) comply with any additional requirements the
11    applicable law enforcement agency deems necessary.
12    The law enforcement agency may select which towing
13services meeting the requirements of this subsection (b) shall
14be included on a tow rotation list. The law enforcement agency
15may choose to have only one towing service on its tow rotation
16list. Complaints regarding the process for inclusion on a tow
17rotation list or the use of a tow rotation list may be referred
18in writing to the head of the law enforcement agency
19administering that tow rotation list. The head of the law
20enforcement agency shall make the final determination as to
21which qualified towing services shall be included on a tow
22rotation list, and shall not be held liable for the exclusion
23of any towing service from a tow rotation list.
24    (c) Whenever a law enforcement officer initiates a tow of
25a vehicle, the officer shall contact his or her law
26enforcement agency and inform the agency that a tow has been

 

 

SB2037- 1512 -LRB102 17120 WGH 22551 b

1authorized. The law enforcement agency shall then select a
2towing service from the law enforcement agency's tow rotation
3list corresponding to the geographical area where the tow was
4authorized, and shall contact that towing service directly by
5phone, computer, or similar means. Towing services shall be
6contacted in the order listed on the appropriate tow rotation
7list, at which point the towing service shall be placed at the
8end of that tow rotation list. In the event a listed towing
9service is not available, the next listed towing service on
10that tow rotation list shall be contacted.
11    (d) A law enforcement agency may deviate from the order
12listed on a tow rotation list if the towing service next on
13that tow rotation list is, in the judgment of the authorizing
14officer or the law enforcement agency making the selection,
15incapable of or not properly equipped for handling a specific
16task related to the tow that requires special skills or
17equipment. A deviation from the order listed on the tow
18rotation list for this reason shall not cause a loss of
19rotation turn by the towing service determined to be incapable
20or not properly equipped for handling the request.
21    (e) In the event of an emergency a law enforcement officer
22or agency, taking into account the safety and location of the
23situation, may deviate from the order of the tow rotation list
24and obtain towing service from any source deemed appropriate.
25    (f) If the owner or operator of a disabled vehicle is
26present at the scene of the disabled vehicle, is not under

 

 

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1arrest, and does not abandon his or her vehicle, and in the law
2enforcement officer's opinion the disabled vehicle is not
3impeding or obstructing traffic, illegally parked, or posing a
4security or safety risk, the law enforcement officer shall
5allow the owner of the vehicle to specify a towing service to
6relocate the disabled vehicle. If the owner chooses not to
7specify a towing service, the law enforcement agency shall
8select a towing service for the vehicle as provided in
9subsection (c) of this Section.
10    (g) If a tow operator is present or arrives where a tow is
11needed and it has not been requested by the law enforcement
12agency or the owner or operator, the law enforcement officer,
13unless acting under Section 11-1431 of this Code, shall advise
14the tow operator to leave the scene.
15    (h) Nothing contained in this Section shall apply to a law
16enforcement agency having jurisdiction solely over a
17municipality with a population over 1,000,000.
18(Source: P.A. 99-438, eff. 1-1-16.)
 
19    (625 ILCS 5/4-205)  (from Ch. 95 1/2, par. 4-205)
20    Sec. 4-205. Record searches.
21    (a) When a law enforcement agency authorizing the
22impounding of a vehicle does not know the identity of the
23registered owner, lienholder or other legally entitled person,
24that law enforcement agency will cause the vehicle
25registration records of the State of Illinois to be searched

 

 

SB2037- 1514 -LRB102 17120 WGH 22551 b

1by the Secretary of State for the purpose of obtaining the
2required ownership information.
3    (b) The law enforcement agency authorizing the impounding
4of a vehicle will cause the stolen motor vehicle files of the
5Illinois State Police to be searched by a directed
6communication to the Illinois State Police for stolen or
7wanted information on the vehicle. When the Illinois State
8Police files are searched with negative results, the
9information contained in the National Crime Information Center
10(NCIC) files will be searched by the Illinois State Police.
11The information determined from these record searches will be
12returned to the requesting law enforcement agency for that
13agency's use in sending a notification by certified mail to
14the registered owner, lienholder and other legally entitled
15persons advising where the vehicle is held, requesting a
16disposition be made and setting forth public sale information.
17Notification shall be sent no later than 10 business days
18after the date the law enforcement agency impounds or
19authorizes the impounding of a vehicle, provided that if the
20law enforcement agency is unable to determine the identity of
21the registered owner, lienholder or other person legally
22entitled to ownership of the impounded vehicle within a 10
23business day period after impoundment, then notification shall
24be sent no later than 2 days after the date the identity of the
25registered owner, lienholder or other person legally entitled
26to ownership of the impounded vehicle is determined.

 

 

SB2037- 1515 -LRB102 17120 WGH 22551 b

1Exceptions to a notification by certified mail to the
2registered owner, lienholder and other legally entitled
3persons are set forth in Section 4-209 of this Code.
4    (c) When ownership information is needed for a towing
5service to give notification as required under this Code, the
6towing service may cause the vehicle registration records of
7the State of Illinois to be searched by the Secretary of State,
8and in such case, the towing service also shall give notice to
9all lienholders of record within the time period required for
10such other notices.
11    The written request of a towing service, in the form and
12containing the information prescribed by the Secretary of
13State by rule, may be transmitted to the Secretary of State in
14person, by U.S. mail or other delivery service, by facsimile
15transmission, or by other means the Secretary of State deems
16acceptable.
17    The Secretary of State shall provide the required
18information, or a statement that the information was not found
19in the vehicle registration records of the State, by U.S. mail
20or other delivery service, facsimile transmission, as
21requested by the towing service, or by other means acceptable
22to the Secretary of State.
23    (d) The Secretary of State may prescribe standards and
24procedures for submission of requests for record searches and
25replies via computer link.
26    (e) Fees for services provided under this Section shall be

 

 

SB2037- 1516 -LRB102 17120 WGH 22551 b

1in amounts prescribed by the Secretary of State under Section
23-821.1 of this Code. Payment may be made by the towing service
3using cash, any commonly accepted credit card, or any other
4means of payment deemed acceptable by the Secretary of State.
5(Source: P.A. 95-838, eff. 8-15-08.)
 
6    (625 ILCS 5/4-206)  (from Ch. 95 1/2, par. 4-206)
7    Sec. 4-206. Identifying and tracing of vehicle ownership
8by Illinois State Police. When the registered owner,
9lienholder or other person legally entitled to the possession
10of a vehicle cannot be identified from the registration files
11of this State or from the registration files of a foreign
12state, if applicable, the law enforcement agency having
13custody of the vehicle shall notify the Illinois State Police,
14for the purpose of identifying the vehicle owner or other
15person legally entitled to the possession of the vehicle. The
16information obtained by the Illinois State Police will be
17immediately forwarded to the law enforcement agency having
18custody of the vehicle for notification purposes as set forth
19in Section 4-205 of this Code.
20(Source: P.A. 82-363.)
 
21    (625 ILCS 5/4-209)  (from Ch. 95 1/2, par. 4-209)
22    Sec. 4-209. Disposal of unclaimed vehicles more than 7
23years of age; disposal of abandoned or unclaimed vehicles
24without notice.

 

 

SB2037- 1517 -LRB102 17120 WGH 22551 b

1    (a) When the identity of the registered owner, lienholder,
2or other legally entitled persons of an abandoned, lost, or
3unclaimed vehicle of 7 years of age or newer cannot be
4determined by any means provided for in this Chapter, the
5vehicle may be sold as provided in Section 4-208 without
6notice to any person whose identity cannot be determined.
7    (b) When an abandoned vehicle of more than 7 years of age
8is impounded as specified by this Chapter, or when any such
9vehicle is towed at the request or with the consent of the
10owner or operator and is subsequently abandoned, it will be
11kept in custody or storage for a minimum of 10 days for the
12purpose of determining the identity of the registered owner,
13lienholder, or other legally entitled persons and contacting
14the registered owner, lienholder, or other legally entitled
15persons by the U. S. Mail, public service or in person for a
16determination of disposition; and, an examination of the
17Illinois State Police stolen vehicle files for theft and
18wanted information. At the expiration of the 10 day period,
19without the benefit of disposition information being received
20from the registered owner, lienholder, or other legally
21entitled persons, the vehicle may be disposed of in either of
22the following ways:
23        (1) The law enforcement agency having jurisdiction
24    will authorize the disposal of the vehicle as junk or
25    salvage.
26        (2) The towing service may sell the vehicle in the

 

 

SB2037- 1518 -LRB102 17120 WGH 22551 b

1    manner provided in Section 4-208 of this Code, provided
2    that this paragraph (2) shall not apply to vehicles towed
3    by order or authorization of a law enforcement agency.
4    (c) A vehicle classified as an antique vehicle,
5expanded-use antique vehicle, custom vehicle, or street rod
6may however be sold to a person desiring to restore it.
7(Source: P.A. 97-412, eff. 1-1-12.)
 
8    (625 ILCS 5/4-302)  (from Ch. 95 1/2, par. 4-302)
9    Sec. 4-302. Vehicle Recycling Board. There is hereby
10created the Vehicle Recycling Board of the State of Illinois
11composed of the Secretary of Transportation, the Director of
12the Illinois State Police, the Director of Public Health, the
13Director of the Environmental Protection Agency, the
14Superintendent of State Troopers or their designated
15representatives. The Governor shall designate the Chairman and
16Secretary of the Board.
17    The Board shall appoint an advisory committee, of no less
18than 10 members, to include an official representative of the
19Office of the Secretary of State as designated by the
20Secretary; and other appropriate representatives from such
21sources as: statewide associations of city, county and
22township governing bodies; knowledgeable successful leaders
23from the auto recycling private sector; the State associations
24of chiefs of police, county sheriffs, police officers; and
25State agencies having a direct or indirect relationship with

 

 

SB2037- 1519 -LRB102 17120 WGH 22551 b

1vehicle recycling.
2(Source: P.A. 84-25.)
 
3    (625 ILCS 5/5-102)  (from Ch. 95 1/2, par. 5-102)
4    Sec. 5-102. Used vehicle dealers must be licensed.
5    (a) No person, other than a licensed new vehicle dealer,
6shall engage in the business of selling or dealing in, on
7consignment or otherwise, 5 or more used vehicles of any make
8during the year (except house trailers as authorized by
9paragraph (j) of this Section and rebuilt salvage vehicles
10sold by their rebuilders to persons licensed under this
11Chapter), or act as an intermediary, agent or broker for any
12licensed dealer or vehicle purchaser (other than as a
13salesperson) or represent or advertise that he is so engaged
14or intends to so engage in such business unless licensed to do
15so by the Secretary of State under the provisions of this
16Section.
17    (b) An application for a used vehicle dealer's license
18shall be filed with the Secretary of State, duly verified by
19oath, in such form as the Secretary of State may by rule or
20regulation prescribe and shall contain:
21        1. The name and type of business organization
22    established and additional places of business, if any, in
23    this State.
24        2. If the applicant is a corporation, a list of its
25    officers, directors, and shareholders having a ten percent

 

 

SB2037- 1520 -LRB102 17120 WGH 22551 b

1    or greater ownership interest in the corporation, setting
2    forth the residence address of each; if the applicant is a
3    sole proprietorship, a partnership, an unincorporated
4    association, a trust, or any similar form of business
5    organization, the names and residence address of the
6    proprietor or of each partner, member, officer, director,
7    trustee or manager.
8        3. A statement that the applicant has been approved
9    for registration under the Retailers' Occupation Tax Act
10    by the Department of Revenue. However, this requirement
11    does not apply to a dealer who is already licensed
12    hereunder with the Secretary of State, and who is merely
13    applying for a renewal of his license. As evidence of this
14    fact, the application shall be accompanied by a
15    certification from the Department of Revenue showing that
16    the Department has approved the applicant for registration
17    under the Retailers' Occupation Tax Act.
18        4. A statement that the applicant has complied with
19    the appropriate liability insurance requirement. A
20    Certificate of Insurance in a solvent company authorized
21    to do business in the State of Illinois shall be included
22    with each application covering each location at which he
23    proposes to act as a used vehicle dealer. The policy must
24    provide liability coverage in the minimum amounts of
25    $100,000 for bodily injury to, or death of, any person,
26    $300,000 for bodily injury to, or death of, two or more

 

 

SB2037- 1521 -LRB102 17120 WGH 22551 b

1    persons in any one accident, and $50,000 for damage to
2    property. Such policy shall expire not sooner than
3    December 31 of the year for which the license was issued or
4    renewed. The expiration of the insurance policy shall not
5    terminate the liability under the policy arising during
6    the period for which the policy was filed. Trailer and
7    mobile home dealers are exempt from this requirement.
8        If the permitted user has a liability insurance policy
9    that provides automobile liability insurance coverage of
10    at least $100,000 for bodily injury to or the death of any
11    person, $300,000 for bodily injury to or the death of any 2
12    or more persons in any one accident, and $50,000 for
13    damage to property, then the permitted user's insurer
14    shall be the primary insurer and the dealer's insurer
15    shall be the secondary insurer. If the permitted user does
16    not have a liability insurance policy that provides
17    automobile liability insurance coverage of at least
18    $100,000 for bodily injury to or the death of any person,
19    $300,000 for bodily injury to or the death of any 2 or more
20    persons in any one accident, and $50,000 for damage to
21    property, or does not have any insurance at all, then the
22    dealer's insurer shall be the primary insurer and the
23    permitted user's insurer shall be the secondary insurer.
24        When a permitted user is "test driving" a used vehicle
25    dealer's automobile, the used vehicle dealer's insurance
26    shall be primary and the permitted user's insurance shall

 

 

SB2037- 1522 -LRB102 17120 WGH 22551 b

1    be secondary.
2        As used in this paragraph 4, a "permitted user" is a
3    person who, with the permission of the used vehicle dealer
4    or an employee of the used vehicle dealer, drives a
5    vehicle owned and held for sale or lease by the used
6    vehicle dealer which the person is considering to purchase
7    or lease, in order to evaluate the performance,
8    reliability, or condition of the vehicle. The term
9    "permitted user" also includes a person who, with the
10    permission of the used vehicle dealer, drives a vehicle
11    owned or held for sale or lease by the used vehicle dealer
12    for loaner purposes while the user's vehicle is being
13    repaired or evaluated.
14        As used in this paragraph 4, "test driving" occurs
15    when a permitted user who, with the permission of the used
16    vehicle dealer or an employee of the used vehicle dealer,
17    drives a vehicle owned and held for sale or lease by a used
18    vehicle dealer that the person is considering to purchase
19    or lease, in order to evaluate the performance,
20    reliability, or condition of the vehicle.
21        As used in this paragraph 4, "loaner purposes" means
22    when a person who, with the permission of the used vehicle
23    dealer, drives a vehicle owned or held for sale or lease by
24    the used vehicle dealer while the user's vehicle is being
25    repaired or evaluated.
26        5. An application for a used vehicle dealer's license

 

 

SB2037- 1523 -LRB102 17120 WGH 22551 b

1    shall be accompanied by the following license fees:
2            (A) $1,000 for applicant's established place of
3        business, and $50 for each additional place of
4        business, if any, to which the application pertains;
5        however, if the application is made after June 15 of
6        any year, the license fee shall be $500 for
7        applicant's established place of business plus $25 for
8        each additional place of business, if any, to which
9        the application pertains. License fees shall be
10        returnable only in the event that the application is
11        denied by the Secretary of State. Of the money
12        received by the Secretary of State as license fees
13        under this subparagraph (A) for the 2004 licensing
14        year and thereafter, 95% shall be deposited into the
15        General Revenue Fund.
16            (B) Except for dealers selling 25 or fewer
17        automobiles or as provided in subsection (h) of
18        Section 5-102.7 of this Code, an Annual Dealer
19        Recovery Fund Fee in the amount of $500 for the
20        applicant's established place of business, and $50 for
21        each additional place of business, if any, to which
22        the application pertains; but if the application is
23        made after June 15 of any year, the fee shall be $250
24        for the applicant's established place of business plus
25        $25 for each additional place of business, if any, to
26        which the application pertains. For a license renewal

 

 

SB2037- 1524 -LRB102 17120 WGH 22551 b

1        application, the fee shall be based on the amount of
2        automobiles sold in the past year according to the
3        following formula:
4                (1) $0 for dealers selling 25 or less
5            automobiles;
6                (2) $150 for dealers selling more than 25 but
7            less than 200 automobiles;
8                (3) $300 for dealers selling 200 or more
9            automobiles but less than 300 automobiles; and
10                (4) $500 for dealers selling 300 or more
11            automobiles.
12            License fees shall be returnable only in the event
13        that the application is denied by the Secretary of
14        State. Moneys received under this subparagraph (B)
15        shall be deposited into the Dealer Recovery Trust
16        Fund.
17        6. A statement that the applicant's officers,
18    directors, shareholders having a 10% or greater ownership
19    interest therein, proprietor, partner, member, officer,
20    director, trustee, manager or other principals in the
21    business have not committed in the past 3 years any one
22    violation as determined in any civil, criminal or
23    administrative proceedings of any one of the following
24    Acts:
25            (A) The Anti-Theft Laws of the Illinois Vehicle
26        Code;

 

 

SB2037- 1525 -LRB102 17120 WGH 22551 b

1            (B) The Certificate of Title Laws of the Illinois
2        Vehicle Code;
3            (C) The Offenses against Registration and
4        Certificates of Title Laws of the Illinois Vehicle
5        Code;
6            (D) The Dealers, Transporters, Wreckers and
7        Rebuilders Laws of the Illinois Vehicle Code;
8            (E) Section 21-2 of the Illinois Criminal Code of
9        1961 or the Criminal Code of 2012, Criminal Trespass
10        to Vehicles; or
11            (F) The Retailers' Occupation Tax Act.
12        7. A statement that the applicant's officers,
13    directors, shareholders having a 10% or greater ownership
14    interest therein, proprietor, partner, member, officer,
15    director, trustee, manager or other principals in the
16    business have not committed in any calendar year 3 or more
17    violations, as determined in any civil or criminal or
18    administrative proceedings, of any one or more of the
19    following Acts:
20            (A) The Consumer Finance Act;
21            (B) The Consumer Installment Loan Act;
22            (C) The Retail Installment Sales Act;
23            (D) The Motor Vehicle Retail Installment Sales
24        Act;
25            (E) The Interest Act;
26            (F) The Illinois Wage Assignment Act;

 

 

SB2037- 1526 -LRB102 17120 WGH 22551 b

1            (G) Part 8 of Article XII of the Code of Civil
2        Procedure; or
3            (H) The Consumer Fraud and Deceptive Business
4        Practices Act.
5        7.5. A statement that, within 10 years of application,
6    each officer, director, shareholder having a 10% or
7    greater ownership interest therein, proprietor, partner,
8    member, officer, director, trustee, manager, or other
9    principal in the business of the applicant has not
10    committed, as determined in any civil, criminal, or
11    administrative proceeding, in any calendar year one or
12    more forcible felonies under the Criminal Code of 1961 or
13    the Criminal Code of 2012, or a violation of either or both
14    Article 16 or 17 of the Criminal Code of 1961 or a
15    violation of either or both Article 16 or 17 of the
16    Criminal Code of 2012, Article 29B of the Criminal Code of
17    1961 or the Criminal Code of 2012, or a similar
18    out-of-state offense. For the purposes of this paragraph,
19    "forcible felony" has the meaning provided in Section 2-8
20    of the Criminal Code of 2012.
21        8. A bond or Certificate of Deposit in the amount of
22    $50,000 for each location at which the applicant intends
23    to act as a used vehicle dealer. The bond shall be for the
24    term of the license, or its renewal, for which application
25    is made, and shall expire not sooner than December 31 of
26    the year for which the license was issued or renewed. The

 

 

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1    bond shall run to the People of the State of Illinois, with
2    surety by a bonding or insurance company authorized to do
3    business in this State. It shall be conditioned upon the
4    proper transmittal of all title and registration fees and
5    taxes (excluding taxes under the Retailers' Occupation Tax
6    Act) accepted by the applicant as a used vehicle dealer.
7        9. Such other information concerning the business of
8    the applicant as the Secretary of State may by rule or
9    regulation prescribe.
10        10. A statement that the applicant understands Chapter
11    1 through Chapter 5 of this Code.
12        11. A copy of the certification from the prelicensing
13    education program.
14    (c) Any change which renders no longer accurate any
15information contained in any application for a used vehicle
16dealer's license shall be amended within 30 days after the
17occurrence of each change on such form as the Secretary of
18State may prescribe by rule or regulation, accompanied by an
19amendatory fee of $2.
20    (d) Anything in this Chapter to the contrary
21notwithstanding, no person shall be licensed as a used vehicle
22dealer unless such person maintains an established place of
23business as defined in this Chapter.
24    (e) The Secretary of State shall, within a reasonable time
25after receipt, examine an application submitted to him under
26this Section. Unless the Secretary makes a determination that

 

 

SB2037- 1528 -LRB102 17120 WGH 22551 b

1the application submitted to him does not conform to this
2Section or that grounds exist for a denial of the application
3under Section 5-501 of this Chapter, he must grant the
4applicant an original used vehicle dealer's license in writing
5for his established place of business and a supplemental
6license in writing for each additional place of business in
7such form as he may prescribe by rule or regulation which shall
8include the following:
9        1. The name of the person licensed;
10        2. If a corporation, the name and address of its
11    officers or if a sole proprietorship, a partnership, an
12    unincorporated association or any similar form of business
13    organization, the name and address of the proprietor or of
14    each partner, member, officer, director, trustee or
15    manager;
16        3. In case of an original license, the established
17    place of business of the licensee;
18        4. In the case of a supplemental license, the
19    established place of business of the licensee and the
20    additional place of business to which such supplemental
21    license pertains.
22    (f) The appropriate instrument evidencing the license or a
23certified copy thereof, provided by the Secretary of State
24shall be kept posted, conspicuously, in the established place
25of business of the licensee and in each additional place of
26business, if any, maintained by such licensee.

 

 

SB2037- 1529 -LRB102 17120 WGH 22551 b

1    (g) Except as provided in subsection (h) of this Section,
2all used vehicle dealer's licenses granted under this Section
3expire by operation of law on December 31 of the calendar year
4for which they are granted unless sooner revoked or cancelled
5under Section 5-501 of this Chapter.
6    (h) A used vehicle dealer's license may be renewed upon
7application and payment of the fee required herein, and
8submission of proof of coverage by an approved bond under the
9"Retailers' Occupation Tax Act" or proof that applicant is not
10subject to such bonding requirements, as in the case of an
11original license, but in case an application for the renewal
12of an effective license is made during the month of December,
13the effective license shall remain in force until the
14application for renewal is granted or denied by the Secretary
15of State.
16    (i) All persons licensed as a used vehicle dealer are
17required to furnish each purchaser of a motor vehicle:
18        1. A certificate of title properly assigned to the
19    purchaser;
20        2. A statement verified under oath that all
21    identifying numbers on the vehicle agree with those on the
22    certificate of title;
23        3. A bill of sale properly executed on behalf of such
24    person;
25        4. A copy of the Uniform Invoice-transaction reporting
26    return referred to in Section 5-402 of this Chapter;

 

 

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1        5. In the case of a rebuilt vehicle, a copy of the
2    Disclosure of Rebuilt Vehicle Status; and
3        6. In the case of a vehicle for which the warranty has
4    been reinstated, a copy of the warranty.
5    (j) A real estate broker holding a valid certificate of
6registration issued pursuant to "The Real Estate Brokers and
7Salesmen License Act" may engage in the business of selling or
8dealing in house trailers not his own without being licensed
9as a used vehicle dealer under this Section; however such
10broker shall maintain a record of the transaction including
11the following:
12        (1) the name and address of the buyer and seller,
13        (2) the date of sale,
14        (3) a description of the mobile home, including the
15    vehicle identification number, make, model, and year, and
16        (4) the Illinois certificate of title number.
17    The foregoing records shall be available for inspection by
18any officer of the Secretary of State's Office at any
19reasonable hour.
20    (k) Except at the time of sale or repossession of the
21vehicle, no person licensed as a used vehicle dealer may issue
22any other person a newly created key to a vehicle unless the
23used vehicle dealer makes a color photocopy or electronic scan
24of the driver's license or State identification card of the
25person requesting or obtaining the newly created key. The used
26vehicle dealer must retain the photocopy or scan for 30 days.

 

 

SB2037- 1531 -LRB102 17120 WGH 22551 b

1    A used vehicle dealer who violates this subsection (k) is
2guilty of a petty offense. Violation of this subsection (k) is
3not cause to suspend, revoke, cancel, or deny renewal of the
4used vehicle dealer's license.
5    (l) Used vehicle dealers licensed under this Section shall
6provide the Secretary of State a register for the sale at
7auction of each salvage or junk certificate vehicle. Each
8register shall include the following information:
9        1. The year, make, model, style and color of the
10    vehicle;
11        2. The vehicle's manufacturer's identification number
12    or, if applicable, the Secretary of State or Illinois
13    Department of State Police identification number;
14        3. The date of acquisition of the vehicle;
15        4. The name and address of the person from whom the
16    vehicle was acquired;
17        5. The name and address of the person to whom any
18    vehicle was disposed, the person's Illinois license number
19    or if the person is an out-of-state salvage vehicle buyer,
20    the license number from the state or jurisdiction where
21    the buyer is licensed; and
22        6. The purchase price of the vehicle.
23    The register shall be submitted to the Secretary of State
24via written or electronic means within 10 calendar days from
25the date of the auction.
26(Source: P.A. 100-450, eff. 1-1-18; 100-956, eff. 1-1-19;

 

 

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1101-505, eff. 1-1-20.)
 
2    (625 ILCS 5/5-105)  (from Ch. 95 1/2, par. 5-105)
3    Sec. 5-105. Investigation of licensee required. Every
4person seeking a license under Chapter 5 of this Act, as part
5of the application process, authorizes an investigation to
6determine if the applicant has ever been convicted of a crime
7and if so, the disposition of those convictions. This
8authorization shall indicate the scope of the inquiry and the
9agencies which may be contacted. Upon this authorization the
10Secretary of State may request and receive information and
11assistance from any Federal, State or local governmental
12agency as part of the authorized investigation. The Illinois
13Department of State Police shall provide information
14concerning any criminal convictions and their disposition
15brought against the applicant upon request of the Secretary of
16State when the request is made in the form and manner required
17by the Illinois Department of State Police. The information
18derived from this investigation, including the source of this
19information, and any conclusions or recommendations derived
20from this information by the Secretary of State shall be
21provided to the applicant or his designee. Upon request to the
22Secretary of State prior to any final action by the Secretary
23of State on the application, no information obtained from such
24investigation may be placed in any automated information
25system. Any criminal convictions and their disposition

 

 

SB2037- 1533 -LRB102 17120 WGH 22551 b

1information obtained by the Secretary of State shall be
2confidential and may not be transmitted outside the Office of
3the Secretary of State, except as required herein, and may not
4be transmitted to anyone within the Office of the Secretary of
5State except as needed for the purpose of evaluating the
6application. All criminal convictions and their disposition
7and information obtained by the Division of Investigation
8shall be destroyed no later than 60 days after the Division of
9Investigation has made a final ruling on the application, and
10all rights of appeal have expired and pending appeals have
11been completed. The only physical identity materials which the
12applicant can be required to provide the Secretary of State
13are photographs or fingerprints. Only information and
14standards which bear a reasonable and rational relation to the
15performance of a licensee shall be used by the Secretary of
16State. The Secretary of State shall adopt rules and
17regulations for the administration of this Section. Any
18employee of the Secretary of State who gives or causes to be
19given away any confidential information concerning any
20criminal convictions and their disposition of an applicant
21shall be guilty of a Class A misdemeanor.
22(Source: P.A. 84-25.)
 
23    (625 ILCS 5/5-401.2)  (from Ch. 95 1/2, par. 5-401.2)
24    Sec. 5-401.2. Licensees required to keep records and make
25inspections.

 

 

SB2037- 1534 -LRB102 17120 WGH 22551 b

1    (a) Every person licensed or required to be licensed under
2Section 5-101, 5-101.1, 5-101.2, 5-102, 5-102.8, 5-301, or
35-302 of this Code, shall, with the exception of scrap
4processors, maintain for 3 years, in a form as the Secretary of
5State may by rule or regulation prescribe, at his established
6place of business, additional place of business, or principal
7place of business if licensed under Section 5-302, the
8following records relating to the acquisition or disposition
9of vehicles and their essential parts possessed in this State,
10brought into this State from another state, territory or
11country, or sold or transferred to another person in this
12State or in another state, territory, or country.
13        (1) The following records pertaining to new or used
14    vehicles shall be kept:
15            (A) the year, make, model, style and color of the
16        vehicle;
17            (B) the vehicle's manufacturer's identification
18        number or, if applicable, the Secretary of State or
19        Illinois Department of State Police identification
20        number;
21            (C) the date of acquisition of the vehicle;
22            (D) the name and address of the person from whom
23        the vehicle was acquired and, if that person is a
24        dealer, the Illinois or out-of-state dealer license
25        number of such person;
26            (E) the signature of the person making the

 

 

SB2037- 1535 -LRB102 17120 WGH 22551 b

1        inspection of a used vehicle as required under
2        subsection (d) of this Section, if applicable;
3            (F) the purchase price of the vehicle, if
4        applicable;
5            (G) the date of the disposition of the vehicle;
6            (H) the name and address of the person to whom any
7        vehicle was disposed, and if that person is a dealer,
8        the Illinois or out-of-State dealer's license number
9        of that dealer;
10            (I) the uniform invoice number reflecting the
11        disposition of the vehicle, if applicable; and
12            (J) The sale price of the vehicle, if applicable.
13        (2) (A) The following records pertaining to used
14    essential parts other than quarter panels and
15    transmissions of vehicles of the first division shall be
16    kept:
17            (i) the year, make, model, color and type of such
18        part;
19            (ii) the vehicle's manufacturer's identification
20        number, derivative number, or, if applicable, the
21        Secretary of State or Illinois Department of State
22        Police identification number of such part;
23            (iii) the date of the acquisition of each part;
24            (iv) the name and address of the person from whom
25        the part was acquired and, if that person is a dealer,
26        the Illinois or out-of-state dealer license number of

 

 

SB2037- 1536 -LRB102 17120 WGH 22551 b

1        such person; if the essential part being acquired is
2        from a person other than a dealer, the licensee shall
3        verify and record that person's identity by recording
4        the identification numbers from at least two sources
5        of identification, one of which shall be a drivers
6        license or State identification card;
7            (v) the uniform invoice number or out-of-state
8        bill of sale number reflecting the acquisition of such
9        part;
10            (vi) the stock number assigned to the essential
11        part by the licensee, if applicable;
12            (vii) the date of the disposition of such part;
13            (viii) the name and address of the person to whom
14        such part was disposed of and, if that person is a
15        dealer, the Illinois or out-of-state dealer license
16        number of that person;
17            (ix) the uniform invoice number reflecting the
18        disposition of such part.
19        (B) Inspections of all essential parts shall be
20    conducted in accordance with Section 5-402.1.
21        (C) A separate entry containing all of the information
22    required to be recorded in subparagraph (A) of paragraph
23    (2) of subsection (a) of this Section shall be made for
24    each separate essential part. Separate entries shall be
25    made regardless of whether the part was a large purchase
26    acquisition. In addition, a separate entry shall be made

 

 

SB2037- 1537 -LRB102 17120 WGH 22551 b

1    for each part acquired for immediate sale or transfer, or
2    for placement into the overall inventory or stock to be
3    disposed of at a later time, or for use on a vehicle to be
4    materially altered by the licensee, or acquired for any
5    other purpose or reason. Failure to make a separate entry
6    for each essential part acquired or disposed of, or a
7    failure to record any of the specific information required
8    to be recorded concerning the acquisition or disposition
9    of each essential part as set forth in subparagraph (A) of
10    paragraph (2) of subsection (a) shall constitute a failure
11    to keep records.
12        (D) The vehicle's manufacturer's identification number
13    or Secretary of State or Illinois Department of State
14    Police identification number for the essential part shall
15    be ascertained and recorded even if such part is acquired
16    from a person or dealer located in a State, territory, or
17    country which does not require that such information be
18    recorded. If the vehicle's manufacturer's identification
19    number or Secretary of State or Illinois Department of
20    State Police identification number for an essential part
21    cannot be obtained, that part shall not be acquired by the
22    licensee or any of his agents or employees. If such part or
23    parts were physically acquired by the licensee or any of
24    his agents or employees while the licensee or agent or
25    employee was outside this State, that licensee or agent or
26    employee was outside the State, that licensee, agent or

 

 

SB2037- 1538 -LRB102 17120 WGH 22551 b

1    employee shall not bring such essential part into this
2    State or cause it to be brought into this State. The
3    acquisition or disposition of an essential part by a
4    licensee without the recording of the vehicle
5    identification number or Secretary of State identification
6    number for such part or the transportation into the State
7    by the licensee or his agent or employee of such part or
8    parts shall constitute a failure to keep records.
9        (E) The records of essential parts required to be kept
10    by this Section shall apply to all hulks, chassis, frames
11    or cowls, regardless of the age of those essential parts.
12    The records required to be kept by this Section for
13    essential parts other than hulks, chassis, frames or
14    cowls, shall apply only to those essential parts which are
15    6 model years of age or newer. In determining the model
16    year of such an essential part it may be presumed that the
17    identification number of the vehicle from which the
18    essential part came or the identification number affixed
19    to the essential part itself acquired by the licensee
20    denotes the model year of that essential part. This
21    presumption, however, shall not apply if the gross
22    appearance of the essential part does not correspond to
23    the year, make or model of either the identification
24    number of the vehicle from which the essential part is
25    alleged to have come or the identification number which is
26    affixed to the essential part itself. To determine whether

 

 

SB2037- 1539 -LRB102 17120 WGH 22551 b

1    an essential part is 6 years of age or newer within this
2    paragraph, the model year of the essential part shall be
3    subtracted from the calendar year in which the essential
4    part is acquired or disposed of by the licensee. If the
5    remainder is 6 or less, the record of the acquisition or
6    disposition of that essential part shall be kept as
7    required by this Section.
8        (F) The requirements of paragraph (2) of subsection
9    (a) of this Section shall not apply to the disposition of
10    an essential part other than a cowl which has been damaged
11    or altered to a state in which it can no longer be returned
12    to a usable condition and which is being sold or
13    transferred to a scrap processor or for delivery to a
14    scrap processor.
15    (3) the following records for vehicles on which junking
16certificates are obtained shall be kept:
17        (A) the year, make, model, style and color of the
18    vehicle;
19        (B) the vehicle's manufacturer's identification number
20    or, if applicable, the Secretary of State or Illinois
21    Department of State Police identification number;
22        (C) the date the vehicle was acquired;
23        (D) the name and address of the person from whom the
24    vehicle was acquired and, if that person is a dealer, the
25    Illinois or out-of-state dealer license number of that
26    person;

 

 

SB2037- 1540 -LRB102 17120 WGH 22551 b

1        (E) the certificate of title number or salvage
2    certificate number for the vehicle, if applicable;
3        (F) the junking certificate number obtained by the
4    licensee; this entry shall be recorded at the close of
5    business of the fifth business day after receiving the
6    junking certificate;
7        (G) the name and address of the person to whom the
8    junking certificate has been assigned, if applicable, and
9    if that person is a dealer, the Illinois or out-of-state
10    dealer license number of that dealer;
11        (H) if the vehicle or any part of the vehicle is
12    dismantled for its parts to be disposed of in any way, or
13    if such parts are to be used by the licensee to materially
14    alter a vehicle, those essential parts shall be recorded
15    and the entries required by paragraph (2) of subsection
16    (a) shall be made.
17    (4) The following records for rebuilt vehicles shall be
18kept:
19        (A) the year, make, model, style and color of the
20    vehicle;
21        (B) the vehicle's manufacturer's identification number
22    of the vehicle or, if applicable, the Secretary of State
23    or Illinois Department of State Police identification
24    number;
25        (C) the date the vehicle was acquired;
26        (D) the name and address of the person from whom the

 

 

SB2037- 1541 -LRB102 17120 WGH 22551 b

1    vehicle was acquired, and if that person is a dealer, the
2    Illinois or out-of-state dealer license number of that
3    person;
4        (E) the salvage certificate number for the vehicle;
5        (F) the newly issued certificate of title number for
6    the vehicle;
7        (G) the date of disposition of the vehicle;
8        (H) the name and address of the person to whom the
9    vehicle was disposed, and if a dealer, the Illinois or
10    out-of-state dealer license number of that dealer;
11        (I) The sale price of the vehicle.
12    (a-1) A person licensed or required to be licensed under
13Section 5-101 or Section 5-102 of this Code who issues
14temporary registration permits as permitted by this Code and
15by rule must electronically file the registration with the
16Secretary and must maintain records of the registration in the
17manner prescribed by the Secretary.
18    (b) A failure to make separate entries for each vehicle
19acquired, disposed of, or assigned, or a failure to record any
20of the specific information required to be recorded concerning
21the acquisition or disposition of each vehicle as set forth in
22paragraphs (1), (3) and (4) of subsection (a) shall constitute
23a failure to keep records.
24    (c) All entries relating to the acquisition of a vehicle
25or essential part required by subsection (a) of this Section
26shall be recorded no later than the close of business on the

 

 

SB2037- 1542 -LRB102 17120 WGH 22551 b

1seventh calendar day following such acquisition. All entries
2relating to the disposition of a vehicle or an essential part
3shall be made at the time of such disposition. If the vehicle
4or essential part was disposed of on the same day as its
5acquisition or the day thereafter, the entries relating to the
6acquisition of the vehicle or essential part shall be made at
7the time of the disposition of the vehicle or essential part.
8Failure to make the entries required in or at the times
9prescribed by this subsection following the acquisition or
10disposition of such vehicle or essential part shall constitute
11a failure to keep records.
12    (d) Every person licensed or required to be licensed
13shall, before accepting delivery of a used vehicle, inspect
14the vehicle to determine whether the manufacturer's public
15vehicle identification number has been defaced, destroyed,
16falsified, removed, altered, or tampered with in any way. If
17the person making the inspection determines that the
18manufacturer's public vehicle identification number has been
19altered, removed, defaced, destroyed, falsified or tampered
20with he shall not acquire that vehicle but instead shall
21promptly notify law enforcement authorities of his finding.
22    (e) The information required to be kept in subsection (a)
23of this Section shall be kept in a manner prescribed by rule or
24regulation of the Secretary of State.
25    (f) Every person licensed or required to be licensed shall
26have in his possession a separate certificate of title,

 

 

SB2037- 1543 -LRB102 17120 WGH 22551 b

1salvage certificate, junking certificate, certificate of
2purchase, uniform invoice, out-of-state bill of sale or other
3acceptable documentary evidence of his right to the possession
4of every vehicle or essential part.
5    (g) Every person licensed or required to be licensed as a
6transporter under Section 5-201 shall maintain for 3 years, in
7such form as the Secretary of State may by rule or regulation
8prescribe, at his principal place of business a record of
9every vehicle transported by him, including numbers of or
10other marks of identification thereof, the names and addresses
11of persons from whom and to whom the vehicle was delivered and
12the dates of delivery.
13    (h) No later than 15 days prior to going out of business,
14selling the business, or transferring the ownership of the
15business, the licensee shall notify the Secretary of State
16that he is going out of business or that he is transferring the
17ownership of the business. Failure to notify under this
18paragraph shall constitute a failure to keep records.
19    (i) (Blank).
20    (j) A person who knowingly fails to comply with the
21provisions of this Section or knowingly fails to obey,
22observe, or comply with any order of the Secretary or any law
23enforcement agency issued in accordance with this Section is
24guilty of a Class B misdemeanor for the first violation and a
25Class A misdemeanor for the second and subsequent violations.
26Each violation constitutes a separate and distinct offense and

 

 

SB2037- 1544 -LRB102 17120 WGH 22551 b

1a separate count may be brought in the same indictment or
2information for each vehicle or each essential part of a
3vehicle for which a record was not kept as required by this
4Section.
5    (k) Any person convicted of failing to keep the records
6required by this Section with intent to conceal the identity
7or origin of a vehicle or its essential parts or with intent to
8defraud the public in the transfer or sale of vehicles or their
9essential parts is guilty of a Class 2 felony. Each violation
10constitutes a separate and distinct offense and a separate
11count may be brought in the same indictment or information for
12each vehicle or essential part of a vehicle for which a record
13was not kept as required by this Section.
14    (l) A person may not be criminally charged with or
15convicted of both a knowing failure to comply with this
16Section and a knowing failure to comply with any order, if both
17offenses involve the same record keeping violation.
18    (m) The Secretary shall adopt rules necessary for
19implementation of this Section, which may include the
20imposition of administrative fines.
21(Source: P.A. 101-505, eff. 1-1-20.)
 
22    (625 ILCS 5/5-402.1)  (from Ch. 95 1/2, par. 5-402.1)
23    Sec. 5-402.1. Use of Secretary of State Uniform Invoice
24for Essential Parts.
25    (a) Except for scrap processors, every person licensed or

 

 

SB2037- 1545 -LRB102 17120 WGH 22551 b

1required to be licensed under Section 5-101, 5-101.1, 5-102,
25-102.8, or 5-301 of this Code shall issue, in a form the
3Secretary of State may by rule or regulation prescribe, a
4Uniform Invoice, which may also act as a bill of sale, made out
5in triplicate with respect to each transaction in which he
6disposes of an essential part other than quarter panels and
7transmissions of vehicles of the first division. Such Invoice
8shall be made out at the time of the disposition of the
9essential part. If the licensee disposes of several essential
10parts in the same transaction, the licensee may issue one
11Uniform Invoice covering all essential parts disposed of in
12that transaction.
13    (b) The following information shall be contained on the
14Uniform Invoice:
15        (1) the business name, address and dealer license
16    number of the person disposing of the essential part;
17        (2) the name and address of the person acquiring the
18    essential part, and if that person is a dealer, the
19    Illinois or out-of-state dealer license number of that
20    dealer;
21        (3) the date of the disposition of the essential part;
22        (4) the year, make, model, color and description of
23    each essential part disposed of by the person;
24        (5) the manufacturer's vehicle identification number,
25    Secretary of State identification number or Illinois
26    Department of State Police identification number, for each

 

 

SB2037- 1546 -LRB102 17120 WGH 22551 b

1    essential part disposed of by the person;
2        (6) the printed name and legible signature of the
3    person or agent disposing of the essential part; and
4        (7) if the person is a dealer the printed name and
5    legible signature of the dealer or his agent or employee
6    accepting delivery of the essential part.
7    (c) Except for scrap processors, and except as set forth
8in subsection (d) of this Section, whenever a person licensed
9or required to be licensed by Section 5-101, 5-101.1, 5-102,
10or 5-301 accepts delivery of an essential part, other than
11quarter panels and transmissions of vehicles of the first
12division, that person shall, at the time of the acceptance or
13delivery, comply with the following procedures:
14        (1) Before acquiring or accepting delivery of any
15    essential part, the licensee or his authorized agent or
16    employee shall inspect the part to determine whether the
17    vehicle identification number, Secretary of State
18    identification number, Illinois Department of State Police
19    identification number, or identification plate or sticker
20    attached to or stamped on any part being acquired or
21    delivered has been removed, falsified, altered, defaced,
22    destroyed, or tampered with. If the licensee or his agent
23    or employee determines that the vehicle identification
24    number, Secretary of State identification number, Illinois
25    Department of State Police identification number,
26    identification plate or identification sticker containing

 

 

SB2037- 1547 -LRB102 17120 WGH 22551 b

1    an identification number, or Federal Certificate label of
2    an essential part has been removed, falsified, altered,
3    defaced, destroyed or tampered with, the licensee or agent
4    shall not accept or receive that part.
5        If that part was physically acquired by or delivered
6    to a licensee or his agent or employee while that
7    licensee, agent or employee was outside this State, that
8    licensee or agent or employee shall not bring that
9    essential part into this State or cause it to be brought
10    into this State.
11        (2) If the person disposing of or delivering the
12    essential part to the licensee is a licensed in-state or
13    out-of-state dealer, the licensee or his agent or
14    employee, after inspecting the essential part as required
15    by paragraph (1) of this subsection (c), shall examine the
16    Uniform Invoice, or bill of sale, as the case may be, to
17    ensure that it contains all the information required to be
18    provided by persons disposing of essential parts as set
19    forth in subsection (b) of this Section. If the Uniform
20    Invoice or bill of sale does not contain all the
21    information required to be listed by subsection (b) of
22    this Section, the dealer disposing of or delivering such
23    part or his agent or employee shall record such additional
24    information or other needed modifications on the Uniform
25    Invoice or bill of sale or, if needed, an attachment
26    thereto. The dealer or his agent or employee delivering

 

 

SB2037- 1548 -LRB102 17120 WGH 22551 b

1    the essential part shall initial all additions or
2    modifications to the Uniform Invoice or bill of sale and
3    legibly print his name at the bottom of each document
4    containing his initials. If the transaction involves a
5    bill of sale rather than a Uniform Invoice, the licensee
6    or his agent or employee accepting delivery of or
7    acquiring the essential part shall affix his printed name
8    and legible signature on the space on the bill of sale
9    provided for his signature or, if no space is provided, on
10    the back of the bill of sale. If the dealer or his agent or
11    employee disposing of or delivering the essential part
12    cannot or does not provide all the information required by
13    subsection (b) of this Section, the licensee or his agent
14    or employee shall not accept or receive any essential part
15    for which that required information is not provided. If
16    such essential part for which the information required is
17    not fully provided was physically acquired while the
18    licensee or his agent or employee was outside this State,
19    the licensee or his agent or employee shall not bring that
20    essential part into this State or cause it to be brought
21    into this State.
22        (3) If the person disposing of the essential part is
23    not a licensed dealer, the licensee or his agent or
24    employee shall, after inspecting the essential part as
25    required by paragraph (1) of subsection (c) of this
26    Section verify the identity of the person disposing of the

 

 

SB2037- 1549 -LRB102 17120 WGH 22551 b

1    essential part by examining 2 sources of identification,
2    one of which shall be either a driver's license or state
3    identification card. The licensee or his agent or employee
4    shall then prepare a Uniform Invoice listing all the
5    information required to be provided by subsection (b) of
6    this Section. In the space on the Uniform Invoice provided
7    for the dealer license number of the person disposing of
8    the part, the licensee or his agent or employee shall list
9    the numbers taken from the documents of identification
10    provided by the person disposing of the part. The person
11    disposing of the part shall affix his printed name and
12    legible signature on the space on the Uniform Invoice
13    provided for the person disposing of the essential part
14    and the licensee or his agent or employee acquiring the
15    part shall affix his printed name and legible signature on
16    the space provided on the Uniform Invoice for the person
17    acquiring the essential part. If the person disposing of
18    the essential part cannot or does not provide all the
19    information required to be provided by this paragraph, or
20    does not present 2 satisfactory forms of identification,
21    the licensee or his agent or employee shall not acquire
22    that essential part.
23    (d) If an essential part other than quarter panels and
24transmissions of vehicles of the first division was delivered
25by a licensed commercial delivery service delivering such part
26on behalf of a licensed dealer, the person required to comply

 

 

SB2037- 1550 -LRB102 17120 WGH 22551 b

1with subsection (c) of this Section may conduct the inspection
2of that part required by paragraph (1) of subsection (c) and
3examination of the Uniform Invoice or bill of sale required by
4paragraph (2) of subsection (c) of this Section immediately
5after the acceptance of the part.
6        (1) If the inspection of the essential part pursuant
7    to paragraph (1) of subsection (c) reveals that the
8    vehicle identification number, Secretary of State
9    identification number, Illinois Department of State Police
10    identification number, identification plate or sticker
11    containing an identification number, or Federal
12    Certificate label of an essential part has been removed,
13    falsified, altered, defaced, destroyed or tampered with,
14    the licensee or his agent shall immediately record such
15    fact on the Uniform Invoice or bill of sale, assign the
16    part an inventory or stock number, place such inventory or
17    stock number on both the essential part and the Uniform
18    Invoice or bill of sale, and record the date of the
19    inspection of the part on the Uniform Invoice or bill of
20    sale. The licensee shall, within 7 days of such
21    inspection, return such part to the dealer from whom it
22    was acquired.
23        (2) If the examination of the Uniform Invoice or bill
24    of sale pursuant to paragraph (2) of subsection (c)
25    reveals that any of the information required to be listed
26    by subsection (b) of this Section is missing, the licensee

 

 

SB2037- 1551 -LRB102 17120 WGH 22551 b

1    or person required to be licensed shall immediately assign
2    a stock or inventory number to such part, place such stock
3    or inventory number on both the essential part and the
4    Uniform Invoice or bill of sale, and record the date of
5    examination on the Uniform Invoice or bill of sale. The
6    licensee or person required to be licensed shall acquire
7    the information missing from the Uniform Invoice or bill
8    of sale within 7 days of the examination of such Uniform
9    Invoice or bill of sale. Such information may be received
10    by telephone conversation with the dealer from whom the
11    part was acquired. If the dealer provides the missing
12    information the licensee shall record such information on
13    the Uniform Invoice or bill of sale along with the name of
14    the person providing the information. If the dealer does
15    not provide the required information within the
16    aforementioned 7 day period, the licensee shall return the
17    part to that dealer.
18    (e) Except for scrap processors, all persons licensed or
19required to be licensed who acquire or dispose of essential
20parts other than quarter panels and transmissions of vehicles
21of the first division shall retain a copy of the Uniform
22Invoice required to be made by subsections (a), (b) and (c) of
23this Section for a period of 3 years.
24    (f) Except for scrap processors, any person licensed or
25required to be licensed under Sections 5-101, 5-102 or 5-301
26who knowingly fails to record on a Uniform Invoice any of the

 

 

SB2037- 1552 -LRB102 17120 WGH 22551 b

1information or entries required to be recorded by subsections
2(a), (b) and (c) of this Section, or who knowingly places false
3entries or other misleading information on such Uniform
4Invoice, or who knowingly fails to retain for 3 years a copy of
5a Uniform Invoice reflecting transactions required to be
6recorded by subsections (a), (b) and (c) of this Section, or
7who knowingly acquires or disposes of essential parts without
8receiving, issuing, or executing a Uniform Invoice reflecting
9that transaction as required by subsections (a), (b) and (c)
10of this Section, or who brings or causes to be brought into
11this State essential parts for which the information required
12to be recorded on a Uniform Invoice is not recorded as
13prohibited by subsection (c) of this Section, or who knowingly
14fails to comply with the provisions of this Section in any
15other manner shall be guilty of a Class 2 felony. Each
16violation shall constitute a separate and distinct offense and
17a separate count may be brought in the same indictment or
18information for each essential part for which a record was not
19kept as required by this Section or for which the person failed
20to comply with other provisions of this Section.
21    (g) The records required to be kept by this Section may be
22examined by a person or persons making a lawful inspection of
23the licensee's premises pursuant to Section 5-403.
24    (h) The records required to be kept by this Section shall
25be retained by the licensee at his principal place of business
26for a period of 7 years.

 

 

SB2037- 1553 -LRB102 17120 WGH 22551 b

1    (i) The requirements of this Section shall not apply to
2the disposition of an essential part other than a cowl which
3has been damaged or altered to a state in which it can no
4longer be returned to a usable condition and which is being
5sold or transferred to a scrap processor or for delivery to a
6scrap processor.
7(Source: P.A. 101-505, eff. 1-1-20.)
 
8    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
9    Sec. 6-106.1. School bus driver permit.
10    (a) The Secretary of State shall issue a school bus driver
11permit to those applicants who have met all the requirements
12of the application and screening process under this Section to
13insure the welfare and safety of children who are transported
14on school buses throughout the State of Illinois. Applicants
15shall obtain the proper application required by the Secretary
16of State from their prospective or current employer and submit
17the completed application to the prospective or current
18employer along with the necessary fingerprint submission as
19required by the Illinois Department of State Police to conduct
20fingerprint based criminal background checks on current and
21future information available in the state system and current
22information available through the Federal Bureau of
23Investigation's system. Applicants who have completed the
24fingerprinting requirements shall not be subjected to the
25fingerprinting process when applying for subsequent permits or

 

 

SB2037- 1554 -LRB102 17120 WGH 22551 b

1submitting proof of successful completion of the annual
2refresher course. Individuals who on July 1, 1995 (the
3effective date of Public Act 88-612) possess a valid school
4bus driver permit that has been previously issued by the
5appropriate Regional School Superintendent are not subject to
6the fingerprinting provisions of this Section as long as the
7permit remains valid and does not lapse. The applicant shall
8be required to pay all related application and fingerprinting
9fees as established by rule including, but not limited to, the
10amounts established by the Illinois Department of State Police
11and the Federal Bureau of Investigation to process fingerprint
12based criminal background investigations. All fees paid for
13fingerprint processing services under this Section shall be
14deposited into the State Police Services Fund for the cost
15incurred in processing the fingerprint based criminal
16background investigations. All other fees paid under this
17Section shall be deposited into the Road Fund for the purpose
18of defraying the costs of the Secretary of State in
19administering this Section. All applicants must:
20        1. be 21 years of age or older;
21        2. possess a valid and properly classified driver's
22    license issued by the Secretary of State;
23        3. possess a valid driver's license, which has not
24    been revoked, suspended, or canceled for 3 years
25    immediately prior to the date of application, or have not
26    had his or her commercial motor vehicle driving privileges

 

 

SB2037- 1555 -LRB102 17120 WGH 22551 b

1    disqualified within the 3 years immediately prior to the
2    date of application;
3        4. successfully pass a written test, administered by
4    the Secretary of State, on school bus operation, school
5    bus safety, and special traffic laws relating to school
6    buses and submit to a review of the applicant's driving
7    habits by the Secretary of State at the time the written
8    test is given;
9        5. demonstrate ability to exercise reasonable care in
10    the operation of school buses in accordance with rules
11    promulgated by the Secretary of State;
12        6. demonstrate physical fitness to operate school
13    buses by submitting the results of a medical examination,
14    including tests for drug use for each applicant not
15    subject to such testing pursuant to federal law, conducted
16    by a licensed physician, a licensed advanced practice
17    registered nurse, or a licensed physician assistant within
18    90 days of the date of application according to standards
19    promulgated by the Secretary of State;
20        7. affirm under penalties of perjury that he or she
21    has not made a false statement or knowingly concealed a
22    material fact in any application for permit;
23        8. have completed an initial classroom course,
24    including first aid procedures, in school bus driver
25    safety as promulgated by the Secretary of State; and after
26    satisfactory completion of said initial course an annual

 

 

SB2037- 1556 -LRB102 17120 WGH 22551 b

1    refresher course; such courses and the agency or
2    organization conducting such courses shall be approved by
3    the Secretary of State; failure to complete the annual
4    refresher course, shall result in cancellation of the
5    permit until such course is completed;
6        9. not have been under an order of court supervision
7    for or convicted of 2 or more serious traffic offenses, as
8    defined by rule, within one year prior to the date of
9    application that may endanger the life or safety of any of
10    the driver's passengers within the duration of the permit
11    period;
12        10. not have been under an order of court supervision
13    for or convicted of reckless driving, aggravated reckless
14    driving, driving while under the influence of alcohol,
15    other drug or drugs, intoxicating compound or compounds or
16    any combination thereof, or reckless homicide resulting
17    from the operation of a motor vehicle within 3 years of the
18    date of application;
19        11. not have been convicted of committing or
20    attempting to commit any one or more of the following
21    offenses: (i) those offenses defined in Sections 8-1,
22    8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
23    10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
24    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
25    11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
26    11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,

 

 

SB2037- 1557 -LRB102 17120 WGH 22551 b

1    11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
2    11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
3    11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, 12-4,
4    12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6,
5    12-4.7, 12-4.9, 12-5.01, 12-5.3, 12-6, 12-6.2, 12-7.1,
6    12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1,
7    12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 12C-5,
8    12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
9    18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
10    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
11    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
12    33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
13    of Section 24-3, and those offenses contained in Article
14    29D of the Criminal Code of 1961 or the Criminal Code of
15    2012; (ii) those offenses defined in the Cannabis Control
16    Act except those offenses defined in subsections (a) and
17    (b) of Section 4, and subsection (a) of Section 5 of the
18    Cannabis Control Act; (iii) those offenses defined in the
19    Illinois Controlled Substances Act; (iv) those offenses
20    defined in the Methamphetamine Control and Community
21    Protection Act; and (v) any offense committed or attempted
22    in any other state or against the laws of the United
23    States, which if committed or attempted in this State
24    would be punishable as one or more of the foregoing
25    offenses; (vi) the offenses defined in Section 4.1 and 5.1
26    of the Wrongs to Children Act or Section 11-9.1A of the

 

 

SB2037- 1558 -LRB102 17120 WGH 22551 b

1    Criminal Code of 1961 or the Criminal Code of 2012; (vii)
2    those offenses defined in Section 6-16 of the Liquor
3    Control Act of 1934; and (viii) those offenses defined in
4    the Methamphetamine Precursor Control Act;
5        12. not have been repeatedly involved as a driver in
6    motor vehicle collisions or been repeatedly convicted of
7    offenses against laws and ordinances regulating the
8    movement of traffic, to a degree which indicates lack of
9    ability to exercise ordinary and reasonable care in the
10    safe operation of a motor vehicle or disrespect for the
11    traffic laws and the safety of other persons upon the
12    highway;
13        13. not have, through the unlawful operation of a
14    motor vehicle, caused an accident resulting in the death
15    of any person;
16        14. not have, within the last 5 years, been adjudged
17    to be afflicted with or suffering from any mental
18    disability or disease;
19        15. consent, in writing, to the release of results of
20    reasonable suspicion drug and alcohol testing under
21    Section 6-106.1c of this Code by the employer of the
22    applicant to the Secretary of State; and
23        16. not have been convicted of committing or
24    attempting to commit within the last 20 years: (i) an
25    offense defined in subsection (c) of Section 4, subsection
26    (b) of Section 5, and subsection (a) of Section 8 of the

 

 

SB2037- 1559 -LRB102 17120 WGH 22551 b

1    Cannabis Control Act; or (ii) any offenses in any other
2    state or against the laws of the United States that, if
3    committed or attempted in this State, would be punishable
4    as one or more of the foregoing offenses.
5    (b) A school bus driver permit shall be valid for a period
6specified by the Secretary of State as set forth by rule. It
7shall be renewable upon compliance with subsection (a) of this
8Section.
9    (c) A school bus driver permit shall contain the holder's
10driver's license number, legal name, residence address, zip
11code, and date of birth, a brief description of the holder and
12a space for signature. The Secretary of State may require a
13suitable photograph of the holder.
14    (d) The employer shall be responsible for conducting a
15pre-employment interview with prospective school bus driver
16candidates, distributing school bus driver applications and
17medical forms to be completed by the applicant, and submitting
18the applicant's fingerprint cards to the Illinois Department
19of State Police that are required for the criminal background
20investigations. The employer shall certify in writing to the
21Secretary of State that all pre-employment conditions have
22been successfully completed including the successful
23completion of an Illinois specific criminal background
24investigation through the Illinois Department of State Police
25and the submission of necessary fingerprints to the Federal
26Bureau of Investigation for criminal history information

 

 

SB2037- 1560 -LRB102 17120 WGH 22551 b

1available through the Federal Bureau of Investigation system.
2The applicant shall present the certification to the Secretary
3of State at the time of submitting the school bus driver permit
4application.
5    (e) Permits shall initially be provisional upon receiving
6certification from the employer that all pre-employment
7conditions have been successfully completed, and upon
8successful completion of all training and examination
9requirements for the classification of the vehicle to be
10operated, the Secretary of State shall provisionally issue a
11School Bus Driver Permit. The permit shall remain in a
12provisional status pending the completion of the Federal
13Bureau of Investigation's criminal background investigation
14based upon fingerprinting specimens submitted to the Federal
15Bureau of Investigation by the Illinois Department of State
16Police. The Federal Bureau of Investigation shall report the
17findings directly to the Secretary of State. The Secretary of
18State shall remove the bus driver permit from provisional
19status upon the applicant's successful completion of the
20Federal Bureau of Investigation's criminal background
21investigation.
22    (f) A school bus driver permit holder shall notify the
23employer and the Secretary of State if he or she is issued an
24order of court supervision for or convicted in another state
25of an offense that would make him or her ineligible for a
26permit under subsection (a) of this Section. The written

 

 

SB2037- 1561 -LRB102 17120 WGH 22551 b

1notification shall be made within 5 days of the entry of the
2order of court supervision or conviction. Failure of the
3permit holder to provide the notification is punishable as a
4petty offense for a first violation and a Class B misdemeanor
5for a second or subsequent violation.
6    (g) Cancellation; suspension; notice and procedure.
7        (1) The Secretary of State shall cancel a school bus
8    driver permit of an applicant whose criminal background
9    investigation discloses that he or she is not in
10    compliance with the provisions of subsection (a) of this
11    Section.
12        (2) The Secretary of State shall cancel a school bus
13    driver permit when he or she receives notice that the
14    permit holder fails to comply with any provision of this
15    Section or any rule promulgated for the administration of
16    this Section.
17        (3) The Secretary of State shall cancel a school bus
18    driver permit if the permit holder's restricted commercial
19    or commercial driving privileges are withdrawn or
20    otherwise invalidated.
21        (4) The Secretary of State may not issue a school bus
22    driver permit for a period of 3 years to an applicant who
23    fails to obtain a negative result on a drug test as
24    required in item 6 of subsection (a) of this Section or
25    under federal law.
26        (5) The Secretary of State shall forthwith suspend a

 

 

SB2037- 1562 -LRB102 17120 WGH 22551 b

1    school bus driver permit for a period of 3 years upon
2    receiving notice that the holder has failed to obtain a
3    negative result on a drug test as required in item 6 of
4    subsection (a) of this Section or under federal law.
5        (6) The Secretary of State shall suspend a school bus
6    driver permit for a period of 3 years upon receiving
7    notice from the employer that the holder failed to perform
8    the inspection procedure set forth in subsection (a) or
9    (b) of Section 12-816 of this Code.
10        (7) The Secretary of State shall suspend a school bus
11    driver permit for a period of 3 years upon receiving
12    notice from the employer that the holder refused to submit
13    to an alcohol or drug test as required by Section 6-106.1c
14    or has submitted to a test required by that Section which
15    disclosed an alcohol concentration of more than 0.00 or
16    disclosed a positive result on a National Institute on
17    Drug Abuse five-drug panel, utilizing federal standards
18    set forth in 49 CFR 40.87.
19    The Secretary of State shall notify the State
20Superintendent of Education and the permit holder's
21prospective or current employer that the applicant has (1) has
22failed a criminal background investigation or (2) is no longer
23eligible for a school bus driver permit; and of the related
24cancellation of the applicant's provisional school bus driver
25permit. The cancellation shall remain in effect pending the
26outcome of a hearing pursuant to Section 2-118 of this Code.

 

 

SB2037- 1563 -LRB102 17120 WGH 22551 b

1The scope of the hearing shall be limited to the issuance
2criteria contained in subsection (a) of this Section. A
3petition requesting a hearing shall be submitted to the
4Secretary of State and shall contain the reason the individual
5feels he or she is entitled to a school bus driver permit. The
6permit holder's employer shall notify in writing to the
7Secretary of State that the employer has certified the removal
8of the offending school bus driver from service prior to the
9start of that school bus driver's next workshift. An employing
10school board that fails to remove the offending school bus
11driver from service is subject to the penalties defined in
12Section 3-14.23 of the School Code. A school bus contractor
13who violates a provision of this Section is subject to the
14penalties defined in Section 6-106.11.
15    All valid school bus driver permits issued under this
16Section prior to January 1, 1995, shall remain effective until
17their expiration date unless otherwise invalidated.
18    (h) When a school bus driver permit holder who is a service
19member is called to active duty, the employer of the permit
20holder shall notify the Secretary of State, within 30 days of
21notification from the permit holder, that the permit holder
22has been called to active duty. Upon notification pursuant to
23this subsection, (i) the Secretary of State shall characterize
24the permit as inactive until a permit holder renews the permit
25as provided in subsection (i) of this Section, and (ii) if a
26permit holder fails to comply with the requirements of this

 

 

SB2037- 1564 -LRB102 17120 WGH 22551 b

1Section while called to active duty, the Secretary of State
2shall not characterize the permit as invalid.
3    (i) A school bus driver permit holder who is a service
4member returning from active duty must, within 90 days, renew
5a permit characterized as inactive pursuant to subsection (h)
6of this Section by complying with the renewal requirements of
7subsection (b) of this Section.
8    (j) For purposes of subsections (h) and (i) of this
9Section:
10    "Active duty" means active duty pursuant to an executive
11order of the President of the United States, an act of the
12Congress of the United States, or an order of the Governor.
13    "Service member" means a member of the Armed Services or
14reserve forces of the United States or a member of the Illinois
15National Guard.
16    (k) A private carrier employer of a school bus driver
17permit holder, having satisfied the employer requirements of
18this Section, shall be held to a standard of ordinary care for
19intentional acts committed in the course of employment by the
20bus driver permit holder. This subsection (k) shall in no way
21limit the liability of the private carrier employer for
22violation of any provision of this Section or for the
23negligent hiring or retention of a school bus driver permit
24holder.
25(Source: P.A. 100-513, eff. 1-1-18; 101-458, eff. 1-1-20.)
 

 

 

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1    (625 ILCS 5/6-106.1a)
2    Sec. 6-106.1a. Cancellation of school bus driver permit;
3trace of alcohol.
4    (a) A person who has been issued a school bus driver permit
5by the Secretary of State in accordance with Section 6-106.1
6of this Code and who drives or is in actual physical control of
7a school bus or any other vehicle owned or operated by or for a
8public or private school, or a school operated by a religious
9institution, when the vehicle is being used over a regularly
10scheduled route for the transportation of persons enrolled as
11students in grade 12 or below, in connection with any activity
12of the entities listed, upon the public highways of this State
13shall be deemed to have given consent to a chemical test or
14tests of blood, breath, other bodily substance, or urine for
15the purpose of determining the alcohol content of the person's
16blood if arrested, as evidenced by the issuance of a Uniform
17Traffic Ticket for any violation of this Code or a similar
18provision of a local ordinance, if a police officer has
19probable cause to believe that the driver has consumed any
20amount of an alcoholic beverage based upon evidence of the
21driver's physical condition or other first hand knowledge of
22the police officer. The test or tests shall be administered at
23the direction of the arresting officer. The law enforcement
24agency employing the officer shall designate which of the
25aforesaid tests shall be administered. A urine or other bodily
26substance test may be administered even after a blood or

 

 

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1breath test or both has been administered.
2    (b) A person who is dead, unconscious, or who is otherwise
3in a condition rendering that person incapable of refusal,
4shall be deemed not to have withdrawn the consent provided by
5paragraph (a) of this Section and the test or tests may be
6administered subject to the following provisions:
7        (1) Chemical analysis of the person's blood, urine,
8    breath, or other bodily substance, to be considered valid
9    under the provisions of this Section, shall have been
10    performed according to standards promulgated by the
11    Illinois Department of State Police by an individual
12    possessing a valid permit issued by the Illinois
13    Department of State Police for this purpose. The Director
14    of the Illinois State Police is authorized to approve
15    satisfactory techniques or methods, to ascertain the
16    qualifications and competence of individuals to conduct
17    analyses, to issue permits that shall be subject to
18    termination or revocation at the direction of the Illinois
19    Department of State Police, and to certify the accuracy of
20    breath testing equipment. The Illinois Department of State
21    Police shall prescribe rules as necessary.
22        (2) When a person submits to a blood test at the
23    request of a law enforcement officer under the provisions
24    of this Section, only a physician authorized to practice
25    medicine, a licensed physician assistant, a licensed
26    advanced practice registered nurse, a registered nurse, or

 

 

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1    other qualified person trained in venipuncture and acting
2    under the direction of a licensed physician may withdraw
3    blood for the purpose of determining the alcohol content.
4    This limitation does not apply to the taking of breath,
5    other bodily substance, or urine specimens.
6        (3) The person tested may have a physician, qualified
7    technician, chemist, registered nurse, or other qualified
8    person of his or her own choosing administer a chemical
9    test or tests in addition to any test or tests
10    administered at the direction of a law enforcement
11    officer. The test administered at the request of the
12    person may be admissible into evidence at a hearing
13    conducted in accordance with Section 2-118 of this Code.
14    The failure or inability to obtain an additional test by a
15    person shall not preclude the consideration of the
16    previously performed chemical test.
17        (4) Upon a request of the person who submits to a
18    chemical test or tests at the request of a law enforcement
19    officer, full information concerning the test or tests
20    shall be made available to the person or that person's
21    attorney by the requesting law enforcement agency within
22    72 hours of receipt of the test result.
23        (5) Alcohol concentration means either grams of
24    alcohol per 100 milliliters of blood or grams of alcohol
25    per 210 liters of breath.
26        (6) If a driver is receiving medical treatment as a

 

 

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1    result of a motor vehicle accident, a physician licensed
2    to practice medicine, licensed physician assistant,
3    licensed advanced practice registered nurse, registered
4    nurse, or other qualified person trained in venipuncture
5    and acting under the direction of a licensed physician
6    shall withdraw blood for testing purposes to ascertain the
7    presence of alcohol upon the specific request of a law
8    enforcement officer. However, that testing shall not be
9    performed until, in the opinion of the medical personnel
10    on scene, the withdrawal can be made without interfering
11    with or endangering the well-being of the patient.
12    (c) A person requested to submit to a test as provided in
13this Section shall be warned by the law enforcement officer
14requesting the test that a refusal to submit to the test, or
15submission to the test resulting in an alcohol concentration
16of more than 0.00, may result in the loss of that person's
17privilege to possess a school bus driver permit. The loss of
18the individual's privilege to possess a school bus driver
19permit shall be imposed in accordance with Section 6-106.1b of
20this Code. A person requested to submit to a test under this
21Section shall also acknowledge, in writing, receipt of the
22warning required under this subsection (c). If the person
23refuses to acknowledge receipt of the warning, the law
24enforcement officer shall make a written notation on the
25warning that the person refused to sign the warning. A
26person's refusal to sign the warning shall not be evidence

 

 

SB2037- 1569 -LRB102 17120 WGH 22551 b

1that the person was not read the warning.
2    (d) If the person refuses testing or submits to a test that
3discloses an alcohol concentration of more than 0.00, the law
4enforcement officer shall immediately submit a sworn report to
5the Secretary of State on a form prescribed by the Secretary of
6State certifying that the test or tests were requested under
7subsection (a) and the person refused to submit to a test or
8tests or submitted to testing which disclosed an alcohol
9concentration of more than 0.00. The law enforcement officer
10shall submit the same sworn report when a person who has been
11issued a school bus driver permit and who was operating a
12school bus or any other vehicle owned or operated by or for a
13public or private school, or a school operated by a religious
14institution, when the vehicle is being used over a regularly
15scheduled route for the transportation of persons enrolled as
16students in grade 12 or below, in connection with any activity
17of the entities listed, submits to testing under Section
1811-501.1 of this Code and the testing discloses an alcohol
19concentration of more than 0.00 and less than the alcohol
20concentration at which driving or being in actual physical
21control of a motor vehicle is prohibited under paragraph (1)
22of subsection (a) of Section 11-501.
23    Upon receipt of the sworn report of a law enforcement
24officer, the Secretary of State shall enter the school bus
25driver permit sanction on the individual's driving record and
26the sanction shall be effective on the 46th day following the

 

 

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1date notice of the sanction was given to the person.
2    The law enforcement officer submitting the sworn report
3shall serve immediate notice of this school bus driver permit
4sanction on the person and the sanction shall be effective on
5the 46th day following the date notice was given.
6    In cases where the blood alcohol concentration of more
7than 0.00 is established by a subsequent analysis of blood,
8other bodily substance, or urine, the police officer or
9arresting agency shall give notice as provided in this Section
10or by deposit in the United States mail of that notice in an
11envelope with postage prepaid and addressed to that person at
12his or her last known address and the loss of the school bus
13driver permit shall be effective on the 46th day following the
14date notice was given.
15    Upon receipt of the sworn report of a law enforcement
16officer, the Secretary of State shall also give notice of the
17school bus driver permit sanction to the driver and the
18driver's current employer by mailing a notice of the effective
19date of the sanction to the individual. However, shall the
20sworn report be defective by not containing sufficient
21information or be completed in error, the notice of the school
22bus driver permit sanction may not be mailed to the person or
23his current employer or entered to the driving record, but
24rather the sworn report shall be returned to the issuing law
25enforcement agency.
26    (e) A driver may contest this school bus driver permit

 

 

SB2037- 1571 -LRB102 17120 WGH 22551 b

1sanction by requesting an administrative hearing with the
2Secretary of State in accordance with Section 2-118 of this
3Code. An individual whose blood alcohol concentration is shown
4to be more than 0.00 is not subject to this Section if he or
5she consumed alcohol in the performance of a religious service
6or ceremony. An individual whose blood alcohol concentration
7is shown to be more than 0.00 shall not be subject to this
8Section if the individual's blood alcohol concentration
9resulted only from ingestion of the prescribed or recommended
10dosage of medicine that contained alcohol. The petition for
11that hearing shall not stay or delay the effective date of the
12impending suspension. The scope of this hearing shall be
13limited to the issues of:
14        (1) whether the police officer had probable cause to
15    believe that the person was driving or in actual physical
16    control of a school bus or any other vehicle owned or
17    operated by or for a public or private school, or a school
18    operated by a religious institution, when the vehicle is
19    being used over a regularly scheduled route for the
20    transportation of persons enrolled as students in grade 12
21    or below, in connection with any activity of the entities
22    listed, upon the public highways of the State and the
23    police officer had reason to believe that the person was
24    in violation of any provision of this Code or a similar
25    provision of a local ordinance; and
26        (2) whether the person was issued a Uniform Traffic

 

 

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1    Ticket for any violation of this Code or a similar
2    provision of a local ordinance; and
3        (3) whether the police officer had probable cause to
4    believe that the driver had consumed any amount of an
5    alcoholic beverage based upon the driver's physical
6    actions or other first-hand knowledge of the police
7    officer; and
8        (4) whether the person, after being advised by the
9    officer that the privilege to possess a school bus driver
10    permit would be canceled if the person refused to submit
11    to and complete the test or tests, did refuse to submit to
12    or complete the test or tests to determine the person's
13    alcohol concentration; and
14        (5) whether the person, after being advised by the
15    officer that the privileges to possess a school bus driver
16    permit would be canceled if the person submits to a
17    chemical test or tests and the test or tests disclose an
18    alcohol concentration of more than 0.00 and the person did
19    submit to and complete the test or tests that determined
20    an alcohol concentration of more than 0.00; and
21        (6) whether the test result of an alcohol
22    concentration of more than 0.00 was based upon the
23    person's consumption of alcohol in the performance of a
24    religious service or ceremony; and
25        (7) whether the test result of an alcohol
26    concentration of more than 0.00 was based upon the

 

 

SB2037- 1573 -LRB102 17120 WGH 22551 b

1    person's consumption of alcohol through ingestion of the
2    prescribed or recommended dosage of medicine.
3    The Secretary of State may adopt administrative rules
4setting forth circumstances under which the holder of a school
5bus driver permit is not required to appear in person at the
6hearing.
7    Provided that the petitioner may subpoena the officer, the
8hearing may be conducted upon a review of the law enforcement
9officer's own official reports. Failure of the officer to
10answer the subpoena shall be grounds for a continuance if, in
11the hearing officer's discretion, the continuance is
12appropriate. At the conclusion of the hearing held under
13Section 2-118 of this Code, the Secretary of State may
14rescind, continue, or modify the school bus driver permit
15sanction.
16    (f) The results of any chemical testing performed in
17accordance with subsection (a) of this Section are not
18admissible in any civil or criminal proceeding, except that
19the results of the testing may be considered at a hearing held
20under Section 2-118 of this Code. However, the results of the
21testing may not be used to impose driver's license sanctions
22under Section 11-501.1 of this Code. A law enforcement officer
23may, however, pursue a statutory summary suspension or
24revocation of driving privileges under Section 11-501.1 of
25this Code if other physical evidence or first hand knowledge
26forms the basis of that suspension or revocation.

 

 

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1    (g) This Section applies only to drivers who have been
2issued a school bus driver permit in accordance with Section
36-106.1 of this Code at the time of the issuance of the Uniform
4Traffic Ticket for a violation of this Code or a similar
5provision of a local ordinance, and a chemical test request is
6made under this Section.
7    (h) The action of the Secretary of State in suspending,
8revoking, canceling, or denying any license, permit,
9registration, or certificate of title shall be subject to
10judicial review in the Circuit Court of Sangamon County or in
11the Circuit Court of Cook County, and the provisions of the
12Administrative Review Law and its rules are hereby adopted and
13shall apply to and govern every action for the judicial review
14of final acts or decisions of the Secretary of State under this
15Section.
16(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16;
17100-513, eff. 1-1-18.)
 
18    (625 ILCS 5/6-107.5)
19    Sec. 6-107.5. Adult Driver Education Course.
20    (a) The Secretary shall establish by rule the curriculum
21and designate the materials to be used in an adult driver
22education course. The course shall be at least 6 hours in
23length and shall include instruction on traffic laws; highway
24signs, signals, and markings that regulate, warn, or direct
25traffic; and issues commonly associated with motor vehicle

 

 

SB2037- 1575 -LRB102 17120 WGH 22551 b

1accidents including poor decision-making, risk taking,
2impaired driving, distraction, speed, failure to use a safety
3belt, driving at night, failure to yield the right-of-way,
4texting while driving, using wireless communication devices,
5and alcohol and drug awareness. The curriculum shall not
6require the operation of a motor vehicle.
7    (b) The Secretary shall certify course providers. The
8requirements to be a certified course provider, the process
9for applying for certification, and the procedure for
10decertifying a course provider shall be established by rule.
11    (b-5) In order to qualify for certification as an adult
12driver education course provider, each applicant must
13authorize an investigation that includes a fingerprint-based
14background check to determine if the applicant has ever been
15convicted of a criminal offense and, if so, the disposition of
16any conviction. This authorization shall indicate the scope of
17the inquiry and the agencies that may be contacted. Upon
18receiving this authorization, the Secretary of State may
19request and receive information and assistance from any
20federal, State, or local governmental agency as part of the
21authorized investigation. Each applicant shall submit his or
22her fingerprints to the Illinois Department of State Police in
23the form and manner prescribed by the Illinois Department of
24State Police. These fingerprints shall be checked against
25fingerprint records now and hereafter filed in the Illinois
26Department of State Police and Federal Bureau of Investigation

 

 

SB2037- 1576 -LRB102 17120 WGH 22551 b

1criminal history record databases. The Illinois Department of
2State Police shall charge applicants a fee for conducting the
3criminal history record check, which shall be deposited into
4the State Police Services Fund and shall not exceed the actual
5cost of the State and national criminal history record check.
6The Illinois Department of State Police shall furnish,
7pursuant to positive identification, records of Illinois
8criminal convictions to the Secretary and shall forward the
9national criminal history record information to the Secretary.
10Applicants shall pay any other fingerprint-related fees.
11Unless otherwise prohibited by law, the information derived
12from the investigation, including the source of the
13information and any conclusions or recommendations derived
14from the information by the Secretary of State, shall be
15provided to the applicant upon request to the Secretary of
16State prior to any final action by the Secretary of State on
17the application. Any criminal conviction information obtained
18by the Secretary of State shall be confidential and may not be
19transmitted outside the Office of the Secretary of State,
20except as required by this subsection (b-5), and may not be
21transmitted to anyone within the Office of the Secretary of
22State except as needed for the purpose of evaluating the
23applicant. At any administrative hearing held under Section
242-118 of this Code relating to the denial, cancellation,
25suspension, or revocation of certification of an adult driver
26education course provider, the Secretary of State may utilize

 

 

SB2037- 1577 -LRB102 17120 WGH 22551 b

1at that hearing any criminal history, criminal conviction, and
2disposition information obtained under this subsection (b-5).
3The information obtained from the investigation may be
4maintained by the Secretary of State or any agency to which the
5information was transmitted. Only information and standards
6which bear a reasonable and rational relation to the
7performance of providing adult driver education shall be used
8by the Secretary of State. Any employee of the Secretary of
9State who gives or causes to be given away any confidential
10information concerning any criminal convictions or disposition
11of criminal convictions of an applicant shall be guilty of a
12Class A misdemeanor unless release of the information is
13authorized by this Section.
14    (c) The Secretary may permit a course provider to offer
15the course online, if the Secretary is satisfied the course
16provider has established adequate procedures for verifying:
17        (1) the identity of the person taking the course
18    online; and
19        (2) the person completes the entire course.
20    (d) The Secretary shall establish a method of electronic
21verification of a student's successful completion of the
22course.
23    (e) The fee charged by the course provider must bear a
24reasonable relationship to the cost of the course. The
25Secretary shall post on the Secretary of State's website a
26list of approved course providers, the fees charged by the

 

 

SB2037- 1578 -LRB102 17120 WGH 22551 b

1providers, and contact information for each provider.
2    (f) In addition to any other fee charged by the course
3provider, the course provider shall collect a fee of $5 from
4each student to offset the costs incurred by the Secretary in
5administering this program. The $5 shall be submitted to the
6Secretary within 14 days of the day on which it was collected.
7All such fees received by the Secretary shall be deposited in
8the Secretary of State Driver Services Administration Fund.
9(Source: P.A. 98-167, eff. 7-1-14; 98-876, eff. 1-1-15.)
 
10    (625 ILCS 5/6-112)  (from Ch. 95 1/2, par. 6-112)
11    Sec. 6-112. License and Permits to be carried and
12exhibited on demand. Every licensee or permittee shall have
13his drivers license or permit in his immediate possession at
14all times when operating a motor vehicle and, for the purpose
15of indicating compliance with this requirement, shall display
16such license or permit if it is in his possession upon demand
17made, when in uniform or displaying a badge or other sign of
18authority, by a member of the Illinois State Police, a sheriff
19or other police officer or designated agent of the Secretary
20of State. However, no person charged with violating this
21Section shall be convicted if he produces in court
22satisfactory evidence that a drivers license was theretofore
23theretofor issued to him and was valid at the time of his
24arrest.
25    For the purposes of this Section, "display" means the

 

 

SB2037- 1579 -LRB102 17120 WGH 22551 b

1manual surrender of his license certificate into the hands of
2the demanding officer for his inspection thereof.
3(Source: P.A. 76-1749.)
 
4    (625 ILCS 5/6-402)  (from Ch. 95 1/2, par. 6-402)
5    Sec. 6-402. Qualifications of driver training schools. In
6order to qualify for a license to operate a driver training
7school, each applicant must:
8        (a) be of good moral character;
9        (b) be at least 21 years of age;
10        (c) maintain an established place of business open to
11    the public which meets the requirements of Section 6-403
12    through 6-407;
13        (d) maintain bodily injury and property damage
14    liability insurance on motor vehicles while used in
15    driving instruction, insuring the liability of the driving
16    school, the driving instructors and any person taking
17    instruction in at least the following amounts: $50,000 for
18    bodily injury to or death of one person in any one accident
19    and, subject to said limit for one person, $100,000 for
20    bodily injury to or death of 2 or more persons in any one
21    accident and the amount of $10,000 for damage to property
22    of others in any one accident. Evidence of such insurance
23    coverage in the form of a certificate from the insurance
24    carrier shall be filed with the Secretary of State, and
25    such certificate shall stipulate that the insurance shall

 

 

SB2037- 1580 -LRB102 17120 WGH 22551 b

1    not be cancelled except upon 10 days prior written notice
2    to the Secretary of State. The decal showing evidence of
3    insurance shall be affixed to the windshield of the
4    vehicle;
5        (e) provide a continuous surety company bond in the
6    principal sum of $10,000 for a non-accredited school,
7    $40,000 for a CDL or teenage accredited school, $60,000
8    for a CDL accredited and teenage accredited school,
9    $50,000 for a CDL or teenage accredited school with 3 or
10    more licensed branches, $70,000 for a CDL accredited and
11    teenage accredited school with 3 or more licensed branches
12    for the protection of the contractual rights of students
13    in such form as will meet with the approval of the
14    Secretary of State and written by a company authorized to
15    do business in this State. However, the aggregate
16    liability of the surety for all breaches of the condition
17    of the bond in no event shall exceed the principal sum of
18    $10,000 for a non-accredited school, $40,000 for a CDL or
19    teenage accredited school, $60,000 for a CDL accredited
20    and teenage accredited school, $50,000 for a CDL or
21    teenage accredited school with 3 or more licensed
22    branches, $70,000 for a CDL accredited and teenage
23    accredited school with 3 or more licensed branches. The
24    surety on any such bond may cancel such bond on giving 30
25    days notice thereof in writing to the Secretary of State
26    and shall be relieved of liability for any breach of any

 

 

SB2037- 1581 -LRB102 17120 WGH 22551 b

1    conditions of the bond which occurs after the effective
2    date of cancellation;
3        (f) have the equipment necessary to the giving of
4    proper instruction in the operation of motor vehicles;
5        (g) have and use a business telephone listing for all
6    business purposes;
7        (h) pay to the Secretary of State an application fee
8    of $500 and $50 for each branch application; and
9        (i) authorize an investigation to include a
10    fingerprint based background check to determine if the
11    applicant has ever been convicted of a crime and if so, the
12    disposition of those convictions. The authorization shall
13    indicate the scope of the inquiry and the agencies that
14    may be contacted. Upon this authorization, the Secretary
15    of State may request and receive information and
16    assistance from any federal, State, or local governmental
17    agency as part of the authorized investigation. Each
18    applicant shall have his or her fingerprints submitted to
19    the Illinois Department of State Police in the form and
20    manner prescribed by the Illinois Department of State
21    Police. The fingerprints shall be checked against the
22    Illinois Department of State Police and Federal Bureau of
23    Investigation criminal history record information
24    databases. The Illinois Department of State Police shall
25    charge a fee for conducting the criminal history records
26    check, which shall be deposited in the State Police

 

 

SB2037- 1582 -LRB102 17120 WGH 22551 b

1    Services Fund and shall not exceed the actual cost of the
2    records check. The applicant shall be required to pay all
3    related fingerprint fees including, but not limited to,
4    the amounts established by the Illinois Department of
5    State Police and the Federal Bureau of Investigation to
6    process fingerprint based criminal background
7    investigations. The Illinois Department of State Police
8    shall provide information concerning any criminal
9    convictions and disposition of criminal convictions
10    brought against the applicant upon request of the
11    Secretary of State provided that the request is made in
12    the form and manner required by the Illinois Department of
13    the State Police. Unless otherwise prohibited by law, the
14    information derived from the investigation including the
15    source of the information and any conclusions or
16    recommendations derived from the information by the
17    Secretary of State shall be provided to the applicant, or
18    his designee, upon request to the Secretary of State,
19    prior to any final action by the Secretary of State on the
20    application. Any criminal convictions and disposition
21    information obtained by the Secretary of State shall be
22    confidential and may not be transmitted outside the Office
23    of the Secretary of State, except as required herein, and
24    may not be transmitted to anyone within the Office of the
25    Secretary of State except as needed for the purpose of
26    evaluating the applicant. At any administrative hearing

 

 

SB2037- 1583 -LRB102 17120 WGH 22551 b

1    held under Section 2-118 of this Code relating to the
2    denial, cancellation, suspension, or revocation of a
3    driver training school license, the Secretary of State is
4    authorized to utilize at that hearing any criminal
5    histories, criminal convictions, and disposition
6    information obtained under this Section. The information
7    obtained from the investigation may be maintained by the
8    Secretary of State or any agency to which the information
9    was transmitted. Only information and standards, which
10    bear a reasonable and rational relation to the performance
11    of a driver training school owner, shall be used by the
12    Secretary of State. Any employee of the Secretary of State
13    who gives or causes to be given away any confidential
14    information concerning any criminal charges or disposition
15    of criminal charges of an applicant shall be guilty of a
16    Class A misdemeanor, unless release of the information is
17    authorized by this Section.
18    No license shall be issued under this Section to a person
19who is a spouse, offspring, sibling, parent, grandparent,
20grandchild, uncle or aunt, nephew or niece, cousin, or in-law
21of the person whose license to do business at that location has
22been revoked or denied or to a person who was an officer or
23employee of a business firm that has had its license revoked or
24denied, unless the Secretary of State is satisfied the
25application was submitted in good faith and not for the
26purpose or effect of defeating the intent of this Code.

 

 

SB2037- 1584 -LRB102 17120 WGH 22551 b

1(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10;
296-1062, eff. 7-14-10; 97-333, eff. 8-12-11; 97-835, eff.
37-20-12.)
 
4    (625 ILCS 5/6-411)  (from Ch. 95 1/2, par. 6-411)
5    Sec. 6-411. Qualifications of Driver Training Instructors.
6In order to qualify for a license as an instructor for a
7driving school, an applicant must:
8        (a) Be of good moral character;
9        (b) Authorize an investigation to include a
10    fingerprint based background check to determine if the
11    applicant has ever been convicted of a crime and if so, the
12    disposition of those convictions; this authorization shall
13    indicate the scope of the inquiry and the agencies which
14    may be contacted. Upon this authorization the Secretary of
15    State may request and receive information and assistance
16    from any federal, state or local governmental agency as
17    part of the authorized investigation. Each applicant shall
18    submit his or her fingerprints to the Illinois Department
19    of State Police in the form and manner prescribed by the
20    Illinois Department of State Police. These fingerprints
21    shall be checked against the fingerprint records now and
22    hereafter filed in the Illinois Department of State Police
23    and Federal Bureau of Investigation criminal history
24    records databases. The Illinois Department of State Police
25    shall charge a fee for conducting the criminal history

 

 

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1    records check, which shall be deposited in the State
2    Police Services Fund and shall not exceed the actual cost
3    of the records check. The applicant shall be required to
4    pay all related fingerprint fees including, but not
5    limited to, the amounts established by the Illinois
6    Department of State Police and the Federal Bureau of
7    Investigation to process fingerprint based criminal
8    background investigations. The Illinois Department of
9    State Police shall provide information concerning any
10    criminal convictions, and their disposition, brought
11    against the applicant upon request of the Secretary of
12    State when the request is made in the form and manner
13    required by the Illinois Department of State Police.
14    Unless otherwise prohibited by law, the information
15    derived from this investigation including the source of
16    this information, and any conclusions or recommendations
17    derived from this information by the Secretary of State
18    shall be provided to the applicant, or his designee, upon
19    request to the Secretary of State, prior to any final
20    action by the Secretary of State on the application. At
21    any administrative hearing held under Section 2-118 of
22    this Code relating to the denial, cancellation,
23    suspension, or revocation of a driver training school
24    license, the Secretary of State is authorized to utilize
25    at that hearing any criminal histories, criminal
26    convictions, and disposition information obtained under

 

 

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1    this Section. Any criminal convictions and their
2    disposition information obtained by the Secretary of State
3    shall be confidential and may not be transmitted outside
4    the Office of the Secretary of State, except as required
5    herein, and may not be transmitted to anyone within the
6    Office of the Secretary of State except as needed for the
7    purpose of evaluating the applicant. The information
8    obtained from this investigation may be maintained by the
9    Secretary of State or any agency to which such information
10    was transmitted. Only information and standards which bear
11    a reasonable and rational relation to the performance of a
12    driver training instructor shall be used by the Secretary
13    of State. Any employee of the Secretary of State who gives
14    or causes to be given away any confidential information
15    concerning any criminal charges and their disposition of
16    an applicant shall be guilty of a Class A misdemeanor
17    unless release of such information is authorized by this
18    Section;
19        (c) Pass such examination as the Secretary of State
20    shall require on (1) traffic laws, (2) safe driving
21    practices, (3) operation of motor vehicles, and (4)
22    qualifications of teacher;
23        (d) Be physically able to operate safely a motor
24    vehicle and to train others in the operation of motor
25    vehicles. An instructors license application must be
26    accompanied by a medical examination report completed by a

 

 

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1    competent physician licensed to practice in the State of
2    Illinois;
3        (e) Hold a valid Illinois drivers license;
4        (f) Have graduated from an accredited high school
5    after at least 4 years of high school education or the
6    equivalent; and
7        (g) Pay to the Secretary of State an application and
8    license fee of $70.
9    If a driver training school class room instructor teaches
10an approved driver education course, as defined in Section
111-103 of this Code, to students under 18 years of age, he or
12she shall furnish to the Secretary of State a certificate
13issued by the State Board of Education that the said
14instructor is qualified and meets the minimum educational
15standards for teaching driver education courses in the local
16public or parochial school systems, except that no State Board
17of Education certification shall be required of any instructor
18who teaches exclusively in a commercial driving school. On and
19after July 1, 1986, the existing rules and regulations of the
20State Board of Education concerning commercial driving schools
21shall continue to remain in effect but shall be administered
22by the Secretary of State until such time as the Secretary of
23State shall amend or repeal the rules in accordance with the
24Illinois Administrative Procedure Act. Upon request, the
25Secretary of State shall issue a certificate of completion to
26a student under 18 years of age who has completed an approved

 

 

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1driver education course at a commercial driving school.
2(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10;
397-835, eff. 7-20-12.)
 
4    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
5    Sec. 6-508. Commercial Driver's License (CDL) -
6qualification standards.
7    (a) Testing.
8        (1) General. No person shall be issued an original or
9    renewal CDL unless that person is domiciled in this State
10    or is applying for a non-domiciled CDL under Sections
11    6-509 and 6-510 of this Code. The Secretary shall cause to
12    be administered such tests as the Secretary deems
13    necessary to meet the requirements of 49 C.F.R. Part 383,
14    subparts F, G, H, and J.
15        (1.5) Effective July 1, 2014, no person shall be
16    issued an original CDL or an upgraded CDL that requires a
17    skills test unless that person has held a CLP, for a
18    minimum of 14 calendar days, for the classification of
19    vehicle and endorsement, if any, for which the person is
20    seeking a CDL.
21        (2) Third party testing. The Secretary of State may
22    authorize a "third party tester", pursuant to 49 C.F.R.
23    383.75 and 49 C.F.R. 384.228 and 384.229, to administer
24    the skills test or tests specified by the Federal Motor
25    Carrier Safety Administration pursuant to the Commercial

 

 

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1    Motor Vehicle Safety Act of 1986 and any appropriate
2    federal rule.
3        (3)(i) Effective February 7, 2020, unless the person
4    is exempted by 49 CFR 380.603, no person shall be issued an
5    original (first time issuance) CDL, an upgraded CDL or a
6    school bus (S), passenger (P), or hazardous Materials (H)
7    endorsement unless the person has successfully completed
8    entry-level driver training (ELDT) taught by a training
9    provider listed on the federal Training Provider Registry.
10        (ii) Persons who obtain a CLP before February 7, 2020
11    are not required to complete ELDT if the person obtains a
12    CDL before the CLP or renewed CLP expires.
13        (iii) Except for persons seeking the H endorsement,
14    persons must complete the theory and behind-the-wheel
15    (range and public road) portions of ELDT within one year
16    of completing the first portion.
17        (iv) The Secretary shall adopt rules to implement this
18    subsection.
19    (b) Waiver of Skills Test. The Secretary of State may
20waive the skills test specified in this Section for a driver
21applicant for a commercial driver license who meets the
22requirements of 49 C.F.R. 383.77. The Secretary of State shall
23waive the skills tests specified in this Section for a driver
24applicant who has military commercial motor vehicle
25experience, subject to the requirements of 49 C.F.R. 383.77.
26    (b-1) No person shall be issued a CDL unless the person

 

 

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1certifies to the Secretary one of the following types of
2driving operations in which he or she will be engaged:
3        (1) non-excepted interstate;
4        (2) non-excepted intrastate;
5        (3) excepted interstate; or
6        (4) excepted intrastate.
7    (b-2) (Blank).
8    (c) Limitations on issuance of a CDL. A CDL shall not be
9issued to a person while the person is subject to a
10disqualification from driving a commercial motor vehicle, or
11unless otherwise permitted by this Code, while the person's
12driver's license is suspended, revoked or cancelled in any
13state, or any territory or province of Canada; nor may a CLP or
14CDL be issued to a person who has a CLP or CDL issued by any
15other state, or foreign jurisdiction, nor may a CDL be issued
16to a person who has an Illinois CLP unless the person first
17surrenders all of these licenses or permits. However, a person
18may hold an Illinois CLP and an Illinois CDL providing the CLP
19is necessary to train or practice for an endorsement or
20vehicle classification not present on the current CDL. No CDL
21shall be issued to or renewed for a person who does not meet
22the requirement of 49 CFR 391.41(b)(11). The requirement may
23be met with the aid of a hearing aid.
24    (c-1) The Secretary may issue a CDL with a school bus
25driver endorsement to allow a person to drive the type of bus
26described in subsection (d-5) of Section 6-104 of this Code.

 

 

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1The CDL with a school bus driver endorsement may be issued only
2to a person meeting the following requirements:
3        (1) the person has submitted his or her fingerprints
4    to the Illinois Department of State Police in the form and
5    manner prescribed by the Illinois Department of State
6    Police. These fingerprints shall be checked against the
7    fingerprint records now and hereafter filed in the
8    Illinois Department of State Police and Federal Bureau of
9    Investigation criminal history records databases;
10        (2) the person has passed a written test, administered
11    by the Secretary of State, on charter bus operation,
12    charter bus safety, and certain special traffic laws
13    relating to school buses determined by the Secretary of
14    State to be relevant to charter buses, and submitted to a
15    review of the driver applicant's driving habits by the
16    Secretary of State at the time the written test is given;
17        (3) the person has demonstrated physical fitness to
18    operate school buses by submitting the results of a
19    medical examination, including tests for drug use; and
20        (4) the person has not been convicted of committing or
21    attempting to commit any one or more of the following
22    offenses: (i) those offenses defined in Sections 8-1.2,
23    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
24    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
25    11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
26    11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,

 

 

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1    11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
2    11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
3    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
4    11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
5    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
6    12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
7    12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
8    12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,
9    12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5,
10    19-6, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,
11    24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5,
12    24-3.8, 24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in
13    subsection (b) of Section 8-1, and in subdivisions (a)(1),
14    (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1)
15    of Section 12-3.05, and in subsection (a) and subsection
16    (b), clause (1), of Section 12-4, and in subsection (A),
17    clauses (a) and (b), of Section 24-3, and those offenses
18    contained in Article 29D of the Criminal Code of 1961 or
19    the Criminal Code of 2012; (ii) those offenses defined in
20    the Cannabis Control Act except those offenses defined in
21    subsections (a) and (b) of Section 4, and subsection (a)
22    of Section 5 of the Cannabis Control Act; (iii) those
23    offenses defined in the Illinois Controlled Substances
24    Act; (iv) those offenses defined in the Methamphetamine
25    Control and Community Protection Act; (v) any offense
26    committed or attempted in any other state or against the

 

 

SB2037- 1593 -LRB102 17120 WGH 22551 b

1    laws of the United States, which if committed or attempted
2    in this State would be punishable as one or more of the
3    foregoing offenses; (vi) the offenses defined in Sections
4    4.1 and 5.1 of the Wrongs to Children Act or Section
5    11-9.1A of the Criminal Code of 1961 or the Criminal Code
6    of 2012; (vii) those offenses defined in Section 6-16 of
7    the Liquor Control Act of 1934; and (viii) those offenses
8    defined in the Methamphetamine Precursor Control Act.
9    The Illinois Department of State Police shall charge a fee
10for conducting the criminal history records check, which shall
11be deposited into the State Police Services Fund and may not
12exceed the actual cost of the records check.
13    (c-2) The Secretary shall issue a CDL with a school bus
14endorsement to allow a person to drive a school bus as defined
15in this Section. The CDL shall be issued according to the
16requirements outlined in 49 C.F.R. 383. A person may not
17operate a school bus as defined in this Section without a
18school bus endorsement. The Secretary of State may adopt rules
19consistent with Federal guidelines to implement this
20subsection (c-2).
21    (d) (Blank).
22(Source: P.A. 101-185, eff. 1-1-20.)
 
23    (625 ILCS 5/8-115)  (from Ch. 95 1/2, par. 8-115)
24    Sec. 8-115. Display of certificate-Enforcement. The
25certificate issued pursuant to Section 8-114 shall be

 

 

SB2037- 1594 -LRB102 17120 WGH 22551 b

1displayed upon a window of the motor vehicle for which it was
2issued, in such manner as to be visible to the passengers
3carried therein. This Section and Section 8-114 shall be
4enforced by the Illinois State Police, the Secretary of State,
5and other police officers.
6(Source: P.A. 82-433.)
 
7    (625 ILCS 5/11-212)
8    Sec. 11-212. Traffic and pedestrian stop statistical
9study.
10    (a) Whenever a State or local law enforcement officer
11issues a uniform traffic citation or warning citation for an
12alleged violation of the Illinois Vehicle Code, he or she
13shall record at least the following:
14        (1) the name, address, gender, and the officer's
15    subjective determination of the race of the person
16    stopped; the person's race shall be selected from the
17    following list: American Indian or Alaska Native, Asian,
18    Black or African American, Hispanic or Latino, Native
19    Hawaiian or Other Pacific Islander, or White;
20        (2) the alleged traffic violation that led to the stop
21    of the motorist;
22        (3) the make and year of the vehicle stopped;
23        (4) the date and time of the stop, beginning when the
24    vehicle was stopped and ending when the driver is free to
25    leave or taken into physical custody;

 

 

SB2037- 1595 -LRB102 17120 WGH 22551 b

1        (5) the location of the traffic stop;
2        (5.5) whether or not a consent search contemporaneous
3    to the stop was requested of the vehicle, driver,
4    passenger, or passengers; and, if so, whether consent was
5    given or denied;
6        (6) whether or not a search contemporaneous to the
7    stop was conducted of the vehicle, driver, passenger, or
8    passengers; and, if so, whether it was with consent or by
9    other means;
10        (6.2) whether or not a police dog performed a sniff of
11    the vehicle; and, if so, whether or not the dog alerted to
12    the presence of contraband; and, if so, whether or not an
13    officer searched the vehicle; and, if so, whether or not
14    contraband was discovered; and, if so, the type and amount
15    of contraband;
16        (6.5) whether or not contraband was found during a
17    search; and, if so, the type and amount of contraband
18    seized; and
19        (7) the name and badge number of the issuing officer.
20    (b) Whenever a State or local law enforcement officer
21stops a motorist for an alleged violation of the Illinois
22Vehicle Code and does not issue a uniform traffic citation or
23warning citation for an alleged violation of the Illinois
24Vehicle Code, he or she shall complete a uniform stop card,
25which includes field contact cards, or any other existing form
26currently used by law enforcement containing information

 

 

SB2037- 1596 -LRB102 17120 WGH 22551 b

1required pursuant to this Act, that records at least the
2following:
3        (1) the name, address, gender, and the officer's
4    subjective determination of the race of the person
5    stopped; the person's race shall be selected from the
6    following list: American Indian or Alaska Native, Asian,
7    Black or African American, Hispanic or Latino, Native
8    Hawaiian or Other Pacific Islander, or White;
9        (2) the reason that led to the stop of the motorist;
10        (3) the make and year of the vehicle stopped;
11        (4) the date and time of the stop, beginning when the
12    vehicle was stopped and ending when the driver is free to
13    leave or taken into physical custody;
14        (5) the location of the traffic stop;
15        (5.5) whether or not a consent search contemporaneous
16    to the stop was requested of the vehicle, driver,
17    passenger, or passengers; and, if so, whether consent was
18    given or denied;
19        (6) whether or not a search contemporaneous to the
20    stop was conducted of the vehicle, driver, passenger, or
21    passengers; and, if so, whether it was with consent or by
22    other means;
23        (6.2) whether or not a police dog performed a sniff of
24    the vehicle; and, if so, whether or not the dog alerted to
25    the presence of contraband; and, if so, whether or not an
26    officer searched the vehicle; and, if so, whether or not

 

 

SB2037- 1597 -LRB102 17120 WGH 22551 b

1    contraband was discovered; and, if so, the type and amount
2    of contraband;
3        (6.5) whether or not contraband was found during a
4    search; and, if so, the type and amount of contraband
5    seized; and
6        (7) the name and badge number of the issuing officer.
7    (b-5) For purposes of this subsection (b-5), "detention"
8means all frisks, searches, summons, and arrests. Whenever a
9law enforcement officer subjects a pedestrian to detention in
10a public place, he or she shall complete a uniform pedestrian
11stop card, which includes any existing form currently used by
12law enforcement containing all the information required under
13this Section, that records at least the following:
14        (1) the gender, and the officer's subjective
15    determination of the race of the person stopped; the
16    person's race shall be selected from the following list:
17    American Indian or Alaska Native, Asian, Black or African
18    American, Hispanic or Latino, Native Hawaiian or Other
19    Pacific Islander, or White;
20        (2) all the alleged reasons that led to the stop of the
21    person;
22        (3) the date and time of the stop;
23        (4) the location of the stop;
24        (5) whether or not a protective pat down or frisk was
25    conducted of the person; and, if so, all the alleged
26    reasons that led to the protective pat down or frisk, and

 

 

SB2037- 1598 -LRB102 17120 WGH 22551 b

1    whether it was with consent or by other means;
2        (6) whether or not contraband was found during the
3    protective pat down or frisk; and, if so, the type and
4    amount of contraband seized;
5        (7) whether or not a search beyond a protective pat
6    down or frisk was conducted of the person or his or her
7    effects; and, if so, all the alleged reasons that led to
8    the search, and whether it was with consent or by other
9    means;
10        (8) whether or not contraband was found during the
11    search beyond a protective pat down or frisk; and, if so,
12    the type and amount of contraband seized;
13        (9) the disposition of the stop, such as a warning, a
14    ticket, a summons, or an arrest;
15        (10) if a summons or ticket was issued, or an arrest
16    made, a record of the violations, offenses, or crimes
17    alleged or charged; and
18        (11) the name and badge number of the officer who
19    conducted the detention.
20    This subsection (b-5) does not apply to searches or
21inspections for compliance authorized under the Fish and
22Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act,
23or searches or inspections during routine security screenings
24at facilities or events.
25    (c) The Illinois Department of Transportation shall
26provide a standardized law enforcement data compilation form

 

 

SB2037- 1599 -LRB102 17120 WGH 22551 b

1on its website.
2    (d) Every law enforcement agency shall, by March 1 with
3regard to data collected during July through December of the
4previous calendar year and by August 1 with regard to data
5collected during January through June of the current calendar
6year, compile the data described in subsections (a), (b), and
7(b-5) on the standardized law enforcement data compilation
8form provided by the Illinois Department of Transportation and
9transmit the data to the Department.
10    (e) The Illinois Department of Transportation shall
11analyze the data provided by law enforcement agencies required
12by this Section and submit a report of the previous year's
13findings to the Governor, the General Assembly, the Racial
14Profiling Prevention and Data Oversight Board, and each law
15enforcement agency no later than July 1 of each year. The
16Illinois Department of Transportation may contract with an
17outside entity for the analysis of the data provided. In
18analyzing the data collected under this Section, the analyzing
19entity shall scrutinize the data for evidence of statistically
20significant aberrations. The following list, which is
21illustrative, and not exclusive, contains examples of areas in
22which statistically significant aberrations may be found:
23        (1) The percentage of minority drivers, passengers, or
24    pedestrians being stopped in a given area is substantially
25    higher than the proportion of the overall population in or
26    traveling through the area that the minority constitutes.

 

 

SB2037- 1600 -LRB102 17120 WGH 22551 b

1        (2) A substantial number of false stops including
2    stops not resulting in the issuance of a traffic ticket or
3    the making of an arrest.
4        (3) A disparity between the proportion of citations
5    issued to minorities and proportion of minorities in the
6    population.
7        (4) A disparity among the officers of the same law
8    enforcement agency with regard to the number of minority
9    drivers, passengers, or pedestrians being stopped in a
10    given area.
11        (5) A disparity between the frequency of searches
12    performed on minority drivers or pedestrians and the
13    frequency of searches performed on non-minority drivers or
14    pedestrians.
15    (f) Any law enforcement officer identification information
16and driver or pedestrian identification information that is
17compiled by any law enforcement agency or the Illinois
18Department of Transportation pursuant to this Act for the
19purposes of fulfilling the requirements of this Section shall
20be confidential and exempt from public inspection and copying,
21as provided under Section 7 of the Freedom of Information Act,
22and the information shall not be transmitted to anyone except
23as needed to comply with this Section. This Section shall not
24exempt those materials that, prior to the effective date of
25this amendatory Act of the 93rd General Assembly, were
26available under the Freedom of Information Act. This

 

 

SB2037- 1601 -LRB102 17120 WGH 22551 b

1subsection (f) shall not preclude law enforcement agencies
2from reviewing data to perform internal reviews.
3    (g) Funding to implement this Section shall come from
4federal highway safety funds available to Illinois, as
5directed by the Governor.
6    (h) The Illinois Criminal Justice Information Authority,
7in consultation with law enforcement agencies, officials, and
8organizations, including Illinois chiefs of police, the
9Illinois Department of State Police, the Illinois Sheriffs
10Association, and the Chicago Police Department, and community
11groups and other experts, shall undertake a study to determine
12the best use of technology to collect, compile, and analyze
13the traffic stop statistical study data required by this
14Section. The Department shall report its findings and
15recommendations to the Governor and the General Assembly by
16March 1, 2022.
17    (h-1) The Traffic and Pedestrian Stop Data Use and
18Collection Task Force is hereby created.
19        (1) The Task Force shall undertake a study to
20    determine the best use of technology to collect, compile,
21    and analyze the traffic stop statistical study data
22    required by this Section.
23        (2) The Task Force shall be an independent Task Force
24    under the Illinois Criminal Justice Information Authority
25    for administrative purposes, and shall consist of the
26    following members:

 

 

SB2037- 1602 -LRB102 17120 WGH 22551 b

1            (A) 2 academics or researchers who have studied
2        issues related to traffic or pedestrian stop data
3        collection and have education or expertise in
4        statistics;
5            (B) one professor from an Illinois university who
6        specializes in policing and racial equity;
7            (C) one representative from the Illinois State
8        Police;
9            (D) one representative from the Chicago Police
10        Department;
11            (E) one representative from the Illinois Chiefs of
12        Police;
13            (F) one representative from the Illinois Sheriffs
14        Association;
15            (G) one representative from the Chicago Fraternal
16        Order of Police;
17            (H) one representative from the Illinois Fraternal
18        Order of Police;
19            (I) the Executive Director of the American Civil
20        Liberties Union of Illinois, or his or her designee;
21        and
22            (J) 5 representatives from different community
23        organizations who specialize in civil or human rights,
24        policing, or criminal justice reform work, and that
25        represent a range of minority interests or different
26        parts of the State.

 

 

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1        (3) The Illinois Criminal Justice Information
2    Authority may consult, contract, work in conjunction with,
3    and obtain any information from any individual, agency,
4    association, or research institution deemed appropriate by
5    the Authority.
6        (4) The Task Force shall report its findings and
7    recommendations to the Governor and the General Assembly
8    by March 1, 2022 and every 3 years after.
9    (h-5) For purposes of this Section:
10        (1) "American Indian or Alaska Native" means a person
11    having origins in any of the original peoples of North and
12    South America, including Central America, and who
13    maintains tribal affiliation or community attachment.
14        (2) "Asian" means a person having origins in any of
15    the original peoples of the Far East, Southeast Asia, or
16    the Indian subcontinent, including, but not limited to,
17    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
18    the Philippine Islands, Thailand, and Vietnam.
19        (2.5) "Badge" means an officer's department issued
20    identification number associated with his or her position
21    as a police officer with that department.
22        (3) "Black or African American" means a person having
23    origins in any of the black racial groups of Africa. Terms
24    such as "Haitian" or "Negro" can be used in addition to
25    "Black or African American".
26        (4) "Hispanic or Latino" means a person of Cuban,

 

 

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1    Mexican, Puerto Rican, South or Central American, or other
2    Spanish culture or origin, regardless of race.
3        (5) "Native Hawaiian or Other Pacific Islander" means
4    a person having origins in any of the original peoples of
5    Hawaii, Guam, Samoa, or other Pacific Islands.
6        (6) "White" means a person having origins in any of
7    the original peoples of Europe, the Middle East, or North
8    Africa.
9    (i) (Blank).
10(Source: P.A. 101-24, eff. 6-21-19.)
 
11    (625 ILCS 5/11-416)  (from Ch. 95 1/2, par. 11-416)
12    Sec. 11-416. Furnishing copies - Fees. The Illinois
13Department of State Police may furnish copies of an Illinois
14State Police Traffic Accident Report that has been
15investigated by the Illinois State Police and shall be paid a
16fee of $5 for each such copy, or in the case of an accident
17which was investigated by an accident reconstruction officer
18or accident reconstruction team, a fee of $20 shall be paid.
19These fees shall be deposited into the State Police Services
20Fund.
21    Other State law enforcement agencies or law enforcement
22agencies of local authorities may furnish copies of traffic
23accident reports prepared by such agencies and may receive a
24fee not to exceed $5 for each copy or in the case of an
25accident which was investigated by an accident reconstruction

 

 

SB2037- 1605 -LRB102 17120 WGH 22551 b

1officer or accident reconstruction team, the State or local
2law enforcement agency may receive a fee not to exceed $20.
3    Any written accident report required or requested to be
4furnished the Administrator shall be provided without cost or
5fee charges authorized under this Section or any other
6provision of law.
7(Source: P.A. 101-571, eff. 8-23-19.)
 
8    (625 ILCS 5/11-501.01)
9    Sec. 11-501.01. Additional administrative sanctions.
10    (a) After a finding of guilt and prior to any final
11sentencing or an order for supervision, for an offense based
12upon an arrest for a violation of Section 11-501 or a similar
13provision of a local ordinance, individuals shall be required
14to undergo a professional evaluation to determine if an
15alcohol, drug, or intoxicating compound abuse problem exists
16and the extent of the problem, and undergo the imposition of
17treatment as appropriate. Programs conducting these
18evaluations shall be licensed by the Department of Human
19Services. The cost of any professional evaluation shall be
20paid for by the individual required to undergo the
21professional evaluation.
22    (b) Any person who is found guilty of or pleads guilty to
23violating Section 11-501, including any person receiving a
24disposition of court supervision for violating that Section,
25may be required by the Court to attend a victim impact panel

 

 

SB2037- 1606 -LRB102 17120 WGH 22551 b

1offered by, or under contract with, a county State's
2Attorney's office, a probation and court services department,
3Mothers Against Drunk Driving, or the Alliance Against
4Intoxicated Motorists. All costs generated by the victim
5impact panel shall be paid from fees collected from the
6offender or as may be determined by the court.
7    (c) (Blank).
8    (d) The Secretary of State shall revoke the driving
9privileges of any person convicted under Section 11-501 or a
10similar provision of a local ordinance.
11    (e) The Secretary of State shall require the use of
12ignition interlock devices for a period not less than 5 years
13on all vehicles owned by a person who has been convicted of a
14second or subsequent offense of Section 11-501 or a similar
15provision of a local ordinance. The person must pay to the
16Secretary of State DUI Administration Fund an amount not to
17exceed $30 for each month that he or she uses the device. The
18Secretary shall establish by rule and regulation the
19procedures for certification and use of the interlock system,
20the amount of the fee, and the procedures, terms, and
21conditions relating to these fees. During the time period in
22which a person is required to install an ignition interlock
23device under this subsection (e), that person shall only
24operate vehicles in which ignition interlock devices have been
25installed, except as allowed by subdivision (c)(5) or (d)(5)
26of Section 6-205 of this Code.

 

 

SB2037- 1607 -LRB102 17120 WGH 22551 b

1    (f) (Blank).
2    (g) The Secretary of State Police DUI Fund is created as a
3special fund in the State treasury and, subject to
4appropriation, shall be used for enforcement and prevention of
5driving while under the influence of alcohol, other drug or
6drugs, intoxicating compound or compounds or any combination
7thereof, as defined by Section 11-501 of this Code, including,
8but not limited to, the purchase of law enforcement equipment
9and commodities to assist in the prevention of alcohol-related
10criminal violence throughout the State; police officer
11training and education in areas related to alcohol-related
12crime, including, but not limited to, DUI training; and police
13officer salaries, including, but not limited to, salaries for
14hire back funding for safety checkpoints, saturation patrols,
15and liquor store sting operations.
16    (h) Whenever an individual is sentenced for an offense
17based upon an arrest for a violation of Section 11-501 or a
18similar provision of a local ordinance, and the professional
19evaluation recommends remedial or rehabilitative treatment or
20education, neither the treatment nor the education shall be
21the sole disposition and either or both may be imposed only in
22conjunction with another disposition. The court shall monitor
23compliance with any remedial education or treatment
24recommendations contained in the professional evaluation.
25Programs conducting alcohol or other drug evaluation or
26remedial education must be licensed by the Department of Human

 

 

SB2037- 1608 -LRB102 17120 WGH 22551 b

1Services. If the individual is not a resident of Illinois,
2however, the court may accept an alcohol or other drug
3evaluation or remedial education program in the individual's
4state of residence. Programs providing treatment must be
5licensed under existing applicable alcoholism and drug
6treatment licensure standards.
7    (i) (Blank).
8    (j) A person that is subject to a chemical test or tests of
9blood under subsection (a) of Section 11-501.1 or subdivision
10(c)(2) of Section 11-501.2 of this Code, whether or not that
11person consents to testing, shall be liable for the expense up
12to $500 for blood withdrawal by a physician authorized to
13practice medicine, a licensed physician assistant, a licensed
14advanced practice registered nurse, a registered nurse, a
15trained phlebotomist, a licensed paramedic, or a qualified
16person other than a police officer approved by the Illinois
17Department of State Police to withdraw blood, who responds,
18whether at a law enforcement facility or a health care
19facility, to a police department request for the drawing of
20blood based upon refusal of the person to submit to a lawfully
21requested breath test or probable cause exists to believe the
22test would disclose the ingestion, consumption, or use of
23drugs or intoxicating compounds if:
24        (1) the person is found guilty of violating Section
25    11-501 of this Code or a similar provision of a local
26    ordinance; or

 

 

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1        (2) the person pleads guilty to or stipulates to facts
2    supporting a violation of Section 11-503 of this Code or a
3    similar provision of a local ordinance when the plea or
4    stipulation was the result of a plea agreement in which
5    the person was originally charged with violating Section
6    11-501 of this Code or a similar local ordinance.
7(Source: P.A. 100-513, eff. 1-1-18; 100-987, eff. 7-1-19;
8101-81, eff. 7-12-19.)
 
9    (625 ILCS 5/11-501.2)  (from Ch. 95 1/2, par. 11-501.2)
10    Sec. 11-501.2. Chemical and other tests.
11    (a) Upon the trial of any civil or criminal action or
12proceeding arising out of an arrest for an offense as defined
13in Section 11-501 or a similar local ordinance or proceedings
14pursuant to Section 2-118.1, evidence of the concentration of
15alcohol, other drug or drugs, or intoxicating compound or
16compounds, or any combination thereof in a person's blood or
17breath at the time alleged, as determined by analysis of the
18person's blood, urine, breath, or other bodily substance,
19shall be admissible. Where such test is made the following
20provisions shall apply:
21        1. Chemical analyses of the person's blood, urine,
22    breath, or other bodily substance to be considered valid
23    under the provisions of this Section shall have been
24    performed according to standards promulgated by the
25    Illinois Department of State Police by a licensed

 

 

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1    physician, registered nurse, trained phlebotomist,
2    licensed paramedic, or other individual possessing a valid
3    permit issued by that Department for this purpose. The
4    Director of the Illinois State Police is authorized to
5    approve satisfactory techniques or methods, to ascertain
6    the qualifications and competence of individuals to
7    conduct such analyses, to issue permits which shall be
8    subject to termination or revocation at the discretion of
9    that Department and to certify the accuracy of breath
10    testing equipment. The Illinois Department of State Police
11    shall prescribe regulations as necessary to implement this
12    Section.
13        2. When a person in this State shall submit to a blood
14    test at the request of a law enforcement officer under the
15    provisions of Section 11-501.1, only a physician
16    authorized to practice medicine, a licensed physician
17    assistant, a licensed advanced practice registered nurse,
18    a registered nurse, trained phlebotomist, or licensed
19    paramedic, or other qualified person approved by the
20    Illinois Department of State Police may withdraw blood for
21    the purpose of determining the alcohol, drug, or alcohol
22    and drug content therein. This limitation shall not apply
23    to the taking of breath, other bodily substance, or urine
24    specimens.
25        When a blood test of a person who has been taken to an
26    adjoining state for medical treatment is requested by an

 

 

SB2037- 1611 -LRB102 17120 WGH 22551 b

1    Illinois law enforcement officer, the blood may be
2    withdrawn only by a physician authorized to practice
3    medicine in the adjoining state, a licensed physician
4    assistant, a licensed advanced practice registered nurse,
5    a registered nurse, a trained phlebotomist acting under
6    the direction of the physician, or licensed paramedic. The
7    law enforcement officer requesting the test shall take
8    custody of the blood sample, and the blood sample shall be
9    analyzed by a laboratory certified by the Illinois
10    Department of State Police for that purpose.
11        3. The person tested may have a physician, or a
12    qualified technician, chemist, registered nurse, or other
13    qualified person of their own choosing administer a
14    chemical test or tests in addition to any administered at
15    the direction of a law enforcement officer. The failure or
16    inability to obtain an additional test by a person shall
17    not preclude the admission of evidence relating to the
18    test or tests taken at the direction of a law enforcement
19    officer.
20        4. Upon the request of the person who shall submit to a
21    chemical test or tests at the request of a law enforcement
22    officer, full information concerning the test or tests
23    shall be made available to the person or such person's
24    attorney.
25        5. Alcohol concentration shall mean either grams of
26    alcohol per 100 milliliters of blood or grams of alcohol

 

 

SB2037- 1612 -LRB102 17120 WGH 22551 b

1    per 210 liters of breath.
2        6. Tetrahydrocannabinol concentration means either 5
3    nanograms or more of delta-9-tetrahydrocannabinol per
4    milliliter of whole blood or 10 nanograms or more of
5    delta-9-tetrahydrocannabinol per milliliter of other
6    bodily substance.
7    (a-5) Law enforcement officials may use validated roadside
8chemical tests or standardized field sobriety tests approved
9by the National Highway Traffic Safety Administration when
10conducting investigations of a violation of Section 11-501 or
11similar local ordinance by drivers suspected of driving under
12the influence of cannabis. The General Assembly finds that (i)
13validated roadside chemical tests are effective means to
14determine if a person is under the influence of cannabis and
15(ii) standardized field sobriety tests approved by the
16National Highway Traffic Safety Administration are divided
17attention tasks that are intended to determine if a person is
18under the influence of cannabis. The purpose of these tests is
19to determine the effect of the use of cannabis on a person's
20capacity to think and act with ordinary care and therefore
21operate a motor vehicle safely. Therefore, the results of
22these validated roadside chemical tests and standardized field
23sobriety tests, appropriately administered, shall be
24admissible in the trial of any civil or criminal action or
25proceeding arising out of an arrest for a cannabis-related
26offense as defined in Section 11-501 or a similar local

 

 

SB2037- 1613 -LRB102 17120 WGH 22551 b

1ordinance or proceedings under Section 2-118.1 or 2-118.2.
2Where a test is made the following provisions shall apply:
3        1. The person tested may have a physician, or a
4    qualified technician, chemist, registered nurse, or other
5    qualified person of their own choosing administer a
6    chemical test or tests in addition to the standardized
7    field sobriety test or tests administered at the direction
8    of a law enforcement officer. The failure or inability to
9    obtain an additional test by a person does not preclude
10    the admission of evidence relating to the test or tests
11    taken at the direction of a law enforcement officer.
12        2. Upon the request of the person who shall submit to
13    validated roadside chemical tests or a standardized field
14    sobriety test or tests at the request of a law enforcement
15    officer, full information concerning the test or tests
16    shall be made available to the person or the person's
17    attorney.
18        3. At the trial of any civil or criminal action or
19    proceeding arising out of an arrest for an offense as
20    defined in Section 11-501 or a similar local ordinance or
21    proceedings under Section 2-118.1 or 2-118.2 in which the
22    results of these validated roadside chemical tests or
23    standardized field sobriety tests are admitted, the person
24    may present and the trier of fact may consider evidence
25    that the person lacked the physical capacity to perform
26    the validated roadside chemical tests or standardized

 

 

SB2037- 1614 -LRB102 17120 WGH 22551 b

1    field sobriety tests.
2    (b) Upon the trial of any civil or criminal action or
3proceeding arising out of acts alleged to have been committed
4by any person while driving or in actual physical control of a
5vehicle while under the influence of alcohol, the
6concentration of alcohol in the person's blood or breath at
7the time alleged as shown by analysis of the person's blood,
8urine, breath, or other bodily substance shall give rise to
9the following presumptions:
10        1. If there was at that time an alcohol concentration
11    of 0.05 or less, it shall be presumed that the person was
12    not under the influence of alcohol.
13        2. If there was at that time an alcohol concentration
14    in excess of 0.05 but less than 0.08, such facts shall not
15    give rise to any presumption that the person was or was not
16    under the influence of alcohol, but such fact may be
17    considered with other competent evidence in determining
18    whether the person was under the influence of alcohol.
19        3. If there was at that time an alcohol concentration
20    of 0.08 or more, it shall be presumed that the person was
21    under the influence of alcohol.
22        4. The foregoing provisions of this Section shall not
23    be construed as limiting the introduction of any other
24    relevant evidence bearing upon the question whether the
25    person was under the influence of alcohol.
26    (b-5) Upon the trial of any civil or criminal action or

 

 

SB2037- 1615 -LRB102 17120 WGH 22551 b

1proceeding arising out of acts alleged to have been committed
2by any person while driving or in actual physical control of a
3vehicle while under the influence of alcohol, other drug or
4drugs, intoxicating compound or compounds or any combination
5thereof, the concentration of cannabis in the person's whole
6blood or other bodily substance at the time alleged as shown by
7analysis of the person's blood or other bodily substance shall
8give rise to the following presumptions:
9        1. If there was a tetrahydrocannabinol concentration
10    of 5 nanograms or more in whole blood or 10 nanograms or
11    more in an other bodily substance as defined in this
12    Section, it shall be presumed that the person was under
13    the influence of cannabis.
14        2. If there was at that time a tetrahydrocannabinol
15    concentration of less than 5 nanograms in whole blood or
16    less than 10 nanograms in an other bodily substance, such
17    facts shall not give rise to any presumption that the
18    person was or was not under the influence of cannabis, but
19    such fact may be considered with other competent evidence
20    in determining whether the person was under the influence
21    of cannabis.
22    (c) 1. If a person under arrest refuses to submit to a
23chemical test under the provisions of Section 11-501.1,
24evidence of refusal shall be admissible in any civil or
25criminal action or proceeding arising out of acts alleged to
26have been committed while the person under the influence of

 

 

SB2037- 1616 -LRB102 17120 WGH 22551 b

1alcohol, other drug or drugs, or intoxicating compound or
2compounds, or any combination thereof was driving or in actual
3physical control of a motor vehicle.
4    2. Notwithstanding any ability to refuse under this Code
5to submit to these tests or any ability to revoke the implied
6consent to these tests, if a law enforcement officer has
7probable cause to believe that a motor vehicle driven by or in
8actual physical control of a person under the influence of
9alcohol, other drug or drugs, or intoxicating compound or
10compounds, or any combination thereof has caused the death or
11personal injury to another, the law enforcement officer shall
12request, and that person shall submit, upon the request of a
13law enforcement officer, to a chemical test or tests of his or
14her blood, breath, other bodily substance, or urine for the
15purpose of determining the alcohol content thereof or the
16presence of any other drug or combination of both.
17    This provision does not affect the applicability of or
18imposition of driver's license sanctions under Section
1911-501.1 of this Code.
20    3. For purposes of this Section, a personal injury
21includes any Type A injury as indicated on the traffic
22accident report completed by a law enforcement officer that
23requires immediate professional attention in either a doctor's
24office or a medical facility. A Type A injury includes severe
25bleeding wounds, distorted extremities, and injuries that
26require the injured party to be carried from the scene.

 

 

SB2037- 1617 -LRB102 17120 WGH 22551 b

1    (d) If a person refuses validated roadside chemical tests
2or standardized field sobriety tests under Section 11-501.9 of
3this Code, evidence of refusal shall be admissible in any
4civil or criminal action or proceeding arising out of acts
5committed while the person was driving or in actual physical
6control of a vehicle and alleged to have been impaired by the
7use of cannabis.
8    (e) Illinois Department of State Police compliance with
9the changes in this amendatory Act of the 99th General
10Assembly concerning testing of other bodily substances and
11tetrahydrocannabinol concentration by Illinois Department of
12State Police laboratories is subject to appropriation and
13until the Illinois Department of State Police adopt standards
14and completion validation. Any laboratories that test for the
15presence of cannabis or other drugs under this Article, the
16Snowmobile Registration and Safety Act, or the Boat
17Registration and Safety Act must comply with ISO/IEC
1817025:2005.
19(Source: P.A. 100-513, eff. 1-1-18; 101-27, eff. 6-25-19.)
 
20    (625 ILCS 5/11-501.4-1)
21    Sec. 11-501.4-1. Reporting of test results of blood, other
22bodily substance, or urine conducted in the regular course of
23providing emergency medical treatment.
24    (a) Notwithstanding any other provision of law, the
25results of blood, other bodily substance, or urine tests

 

 

SB2037- 1618 -LRB102 17120 WGH 22551 b

1performed for the purpose of determining the content of
2alcohol, other drug or drugs, or intoxicating compound or
3compounds, or any combination thereof, in an individual's
4blood, other bodily substance, or urine conducted upon persons
5receiving medical treatment in a hospital emergency room for
6injuries resulting from a motor vehicle accident shall be
7disclosed to the Illinois Department of State Police or local
8law enforcement agencies of jurisdiction, upon request. Such
9blood, other bodily substance, or urine tests are admissible
10in evidence as a business record exception to the hearsay rule
11only in prosecutions for any violation of Section 11-501 of
12this Code or a similar provision of a local ordinance, or in
13prosecutions for reckless homicide brought under the Criminal
14Code of 1961 or the Criminal Code of 2012.
15    (b) The confidentiality provisions of law pertaining to
16medical records and medical treatment shall not be applicable
17with regard to tests performed upon an individual's blood,
18other bodily substance, or urine under the provisions of
19subsection (a) of this Section. No person shall be liable for
20civil damages or professional discipline as a result of the
21disclosure or reporting of the tests or the evidentiary use of
22an individual's blood, other bodily substance, or urine test
23results under this Section or Section 11-501.4 or as a result
24of that person's testimony made available under this Section
25or Section 11-501.4, except for willful or wanton misconduct.
26(Source: P.A. 99-697, eff. 7-29-16.)
 

 

 

SB2037- 1619 -LRB102 17120 WGH 22551 b

1    (625 ILCS 5/11-501.5)  (from Ch. 95 1/2, par. 11-501.5)
2    Sec. 11-501.5. Preliminary Breath Screening Test.
3    (a) If a law enforcement officer has reasonable suspicion
4to believe that a person is violating or has violated Section
511-501 or a similar provision of a local ordinance, the
6officer, prior to an arrest, may request the person to provide
7a sample of his or her breath for a preliminary breath
8screening test using a portable device approved by the
9Illinois Department of State Police. The person may refuse the
10test. The results of this preliminary breath screening test
11may be used by the law enforcement officer for the purpose of
12assisting with the determination of whether to require a
13chemical test as authorized under Sections 11-501.1 and
1411-501.2, and the appropriate type of test to request. Any
15chemical test authorized under Sections 11-501.1 and 11-501.2
16may be requested by the officer regardless of the result of the
17preliminary breath screening test, if probable cause for an
18arrest exists. The result of a preliminary breath screening
19test may be used by the defendant as evidence in any
20administrative or court proceeding involving a violation of
21Section 11-501 or 11-501.1.
22    (b) The Illinois Department of State Police shall create a
23pilot program to establish the effectiveness of pupillometer
24technology (the measurement of the pupil's reaction to light)
25as a noninvasive technique to detect and measure possible

 

 

SB2037- 1620 -LRB102 17120 WGH 22551 b

1impairment of any person who drives or is in actual physical
2control of a motor vehicle resulting from the suspected usage
3of alcohol, other drug or drugs, intoxicating compound or
4compounds or any combination thereof. This technology shall
5also be used to detect fatigue levels of the operator of a
6Commercial Motor Vehicle as defined in Section 6-500(6),
7pursuant to Section 18b-105 (Part 395-Hours of Service of
8Drivers) of the Illinois Vehicle Code. A State Police officer
9may request that the operator of a commercial motor vehicle
10have his or her eyes examined or tested with a pupillometer
11device. The person may refuse the examination or test. The
12State Police officer shall have the device readily available
13to limit undue delays.
14    If a State Police officer has reasonable suspicion to
15believe that a person is violating or has violated Section
1611-501, the officer may use the pupillometer technology, when
17available. The officer, prior to an arrest, may request the
18person to have his or her eyes examined or tested with a
19pupillometer device. The person may refuse the examination or
20test. The results of this examination or test may be used by
21the officer for the purpose of assisting with the
22determination of whether to require a chemical test as
23authorized under Sections 11-501.1 and 11-501.2 and the
24appropriate type of test to request. Any chemical test
25authorized under Sections 11-501.1 and 11-501.2 may be
26requested by the officer regardless of the result of the

 

 

SB2037- 1621 -LRB102 17120 WGH 22551 b

1pupillometer examination or test, if probable cause for an
2arrest exists. The result of the examination or test may be
3used by the defendant as evidence in any administrative or
4court proceeding involving a violation of 11-501 or 11-501.1.
5    The pilot program shall last for a period of 18 months and
6involve the testing of 15 pupillometer devices. Within 90 days
7of the completion of the pilot project, the Illinois
8Department of State Police shall file a report with the
9President of the Senate and Speaker of the House evaluating
10the project.
11(Source: P.A. 91-828, eff. 1-1-01; 91-881, eff. 6-30-00;
1292-16, eff. 6-28-01.)
 
13    (625 ILCS 5/11-501.6)  (from Ch. 95 1/2, par. 11-501.6)
14    Sec. 11-501.6. Driver involvement in personal injury or
15fatal motor vehicle accident; chemical test.
16    (a) Any person who drives or is in actual control of a
17motor vehicle upon the public highways of this State and who
18has been involved in a personal injury or fatal motor vehicle
19accident, shall be deemed to have given consent to a breath
20test using a portable device as approved by the Illinois
21Department of State Police or to a chemical test or tests of
22blood, breath, other bodily substance, or urine for the
23purpose of determining the content of alcohol, other drug or
24drugs, or intoxicating compound or compounds of such person's
25blood if arrested as evidenced by the issuance of a Uniform

 

 

SB2037- 1622 -LRB102 17120 WGH 22551 b

1Traffic Ticket for any violation of the Illinois Vehicle Code
2or a similar provision of a local ordinance, with the
3exception of equipment violations contained in Chapter 12 of
4this Code, or similar provisions of local ordinances. The test
5or tests shall be administered at the direction of the
6arresting officer. The law enforcement agency employing the
7officer shall designate which of the aforesaid tests shall be
8administered. Up to 2 additional tests of urine or other
9bodily substance may be administered even after a blood or
10breath test or both has been administered. Compliance with
11this Section does not relieve such person from the
12requirements of Section 11-501.1 of this Code.
13    (b) Any person who is dead, unconscious or who is
14otherwise in a condition rendering such person incapable of
15refusal shall be deemed not to have withdrawn the consent
16provided by subsection (a) of this Section. In addition, if a
17driver of a vehicle is receiving medical treatment as a result
18of a motor vehicle accident, any physician licensed to
19practice medicine, licensed physician assistant, licensed
20advanced practice registered nurse, registered nurse or a
21phlebotomist acting under the direction of a licensed
22physician shall withdraw blood for testing purposes to
23ascertain the presence of alcohol, other drug or drugs, or
24intoxicating compound or compounds, upon the specific request
25of a law enforcement officer. However, no such testing shall
26be performed until, in the opinion of the medical personnel on

 

 

SB2037- 1623 -LRB102 17120 WGH 22551 b

1scene, the withdrawal can be made without interfering with or
2endangering the well-being of the patient.
3    (c) A person requested to submit to a test as provided
4above shall be warned by the law enforcement officer
5requesting the test that a refusal to submit to the test, or
6submission to the test resulting in an alcohol concentration
7of 0.08 or more, or testing discloses the presence of cannabis
8as listed in the Cannabis Control Act with a
9tetrahydrocannabinol concentration as defined in paragraph 6
10of subsection (a) of Section 11-501.2 of this Code, or any
11amount of a drug, substance, or intoxicating compound
12resulting from the unlawful use or consumption of a controlled
13substance listed in the Illinois Controlled Substances Act, an
14intoxicating compound listed in the Use of Intoxicating
15Compounds Act, or methamphetamine as listed in the
16Methamphetamine Control and Community Protection Act as
17detected in such person's blood, other bodily substance, or
18urine, may result in the suspension of such person's privilege
19to operate a motor vehicle. If the person is also a CDL holder,
20he or she shall be warned by the law enforcement officer
21requesting the test that a refusal to submit to the test, or
22submission to the test resulting in an alcohol concentration
23of 0.08 or more, or any amount of a drug, substance, or
24intoxicating compound resulting from the unlawful use or
25consumption of cannabis, as covered by the Cannabis Control
26Act, a controlled substance listed in the Illinois Controlled

 

 

SB2037- 1624 -LRB102 17120 WGH 22551 b

1Substances Act, an intoxicating compound listed in the Use of
2Intoxicating Compounds Act, or methamphetamine as listed in
3the Methamphetamine Control and Community Protection Act as
4detected in the person's blood, other bodily substance, or
5urine, may result in the disqualification of the person's
6privilege to operate a commercial motor vehicle, as provided
7in Section 6-514 of this Code. The length of the suspension
8shall be the same as outlined in Section 6-208.1 of this Code
9regarding statutory summary suspensions.
10    A person requested to submit to a test shall also
11acknowledge, in writing, receipt of the warning required under
12this Section. If the person refuses to acknowledge receipt of
13the warning, the law enforcement officer shall make a written
14notation on the warning that the person refused to sign the
15warning. A person's refusal to sign the warning shall not be
16evidence that the person was not read the warning.
17    (d) If the person refuses testing or submits to a test
18which discloses an alcohol concentration of 0.08 or more, the
19presence of cannabis as listed in the Cannabis Control Act
20with a tetrahydrocannabinol concentration as defined in
21paragraph 6 of subsection (a) of Section 11-501.2 of this
22Code, or any amount of a drug, substance, or intoxicating
23compound in such person's blood or urine resulting from the
24unlawful use or consumption of a controlled substance listed
25in the Illinois Controlled Substances Act, an intoxicating
26compound listed in the Use of Intoxicating Compounds Act, or

 

 

SB2037- 1625 -LRB102 17120 WGH 22551 b

1methamphetamine as listed in the Methamphetamine Control and
2Community Protection Act, the law enforcement officer shall
3immediately submit a sworn report to the Secretary of State on
4a form prescribed by the Secretary, certifying that the test
5or tests were requested under subsection (a) and the person
6refused to submit to a test or tests or submitted to testing
7which disclosed an alcohol concentration of 0.08 or more, the
8presence of cannabis as listed in the Cannabis Control Act
9with a tetrahydrocannabinol concentration as defined in
10paragraph 6 of subsection (a) of Section 11-501.2 of this
11Code, or any amount of a drug, substance, or intoxicating
12compound in such person's blood, other bodily substance, or
13urine, resulting from the unlawful use or consumption of a
14controlled substance listed in the Illinois Controlled
15Substances Act, an intoxicating compound listed in the Use of
16Intoxicating Compounds Act, or methamphetamine as listed in
17the Methamphetamine Control and Community Protection Act. If
18the person is also a CDL holder and refuses testing or submits
19to a test which discloses an alcohol concentration of 0.08 or
20more, or any amount of a drug, substance, or intoxicating
21compound in the person's blood, other bodily substance, or
22urine resulting from the unlawful use or consumption of
23cannabis listed in the Cannabis Control Act, a controlled
24substance listed in the Illinois Controlled Substances Act, an
25intoxicating compound listed in the Use of Intoxicating
26Compounds Act, or methamphetamine as listed in the

 

 

SB2037- 1626 -LRB102 17120 WGH 22551 b

1Methamphetamine Control and Community Protection Act, the law
2enforcement officer shall immediately submit a sworn report to
3the Secretary of State on a form prescribed by the Secretary,
4certifying that the test or tests were requested under
5subsection (a) and the person refused to submit to a test or
6tests or submitted to testing which disclosed an alcohol
7concentration of 0.08 or more, or any amount of a drug,
8substance, or intoxicating compound in such person's blood,
9other bodily substance, or urine, resulting from the unlawful
10use or consumption of cannabis listed in the Cannabis Control
11Act, a controlled substance listed in the Illinois Controlled
12Substances Act, an intoxicating compound listed in the Use of
13Intoxicating Compounds Act, or methamphetamine as listed in
14the Methamphetamine Control and Community Protection Act.
15    Upon receipt of the sworn report of a law enforcement
16officer, the Secretary shall enter the suspension and
17disqualification to the individual's driving record and the
18suspension and disqualification shall be effective on the 46th
19day following the date notice of the suspension was given to
20the person.
21    The law enforcement officer submitting the sworn report
22shall serve immediate notice of this suspension on the person
23and such suspension and disqualification shall be effective on
24the 46th day following the date notice was given.
25    In cases involving a person who is not a CDL holder where
26the blood alcohol concentration of 0.08 or more, or blood

 

 

SB2037- 1627 -LRB102 17120 WGH 22551 b

1testing discloses the presence of cannabis as listed in the
2Cannabis Control Act with a tetrahydrocannabinol concentration
3as defined in paragraph 6 of subsection (a) of Section
411-501.2 of this Code, or any amount of a drug, substance, or
5intoxicating compound resulting from the unlawful use or
6consumption of a controlled substance listed in the Illinois
7Controlled Substances Act, an intoxicating compound listed in
8the Use of Intoxicating Compounds Act, or methamphetamine as
9listed in the Methamphetamine Control and Community Protection
10Act, is established by a subsequent analysis of blood, other
11bodily substance, or urine collected at the time of arrest,
12the arresting officer shall give notice as provided in this
13Section or by deposit in the United States mail of such notice
14in an envelope with postage prepaid and addressed to such
15person at his or her address as shown on the Uniform Traffic
16Ticket and the suspension shall be effective on the 46th day
17following the date notice was given.
18    In cases involving a person who is a CDL holder where the
19blood alcohol concentration of 0.08 or more, or any amount of a
20drug, substance, or intoxicating compound resulting from the
21unlawful use or consumption of cannabis as listed in the
22Cannabis Control Act, a controlled substance listed in the
23Illinois Controlled Substances Act, an intoxicating compound
24listed in the Use of Intoxicating Compounds Act, or
25methamphetamine as listed in the Methamphetamine Control and
26Community Protection Act, is established by a subsequent

 

 

SB2037- 1628 -LRB102 17120 WGH 22551 b

1analysis of blood, other bodily substance, or urine collected
2at the time of arrest, the arresting officer shall give notice
3as provided in this Section or by deposit in the United States
4mail of such notice in an envelope with postage prepaid and
5addressed to the person at his or her address as shown on the
6Uniform Traffic Ticket and the suspension and disqualification
7shall be effective on the 46th day following the date notice
8was given.
9    Upon receipt of the sworn report of a law enforcement
10officer, the Secretary shall also give notice of the
11suspension and disqualification to the driver by mailing a
12notice of the effective date of the suspension and
13disqualification to the individual. However, should the sworn
14report be defective by not containing sufficient information
15or be completed in error, the notice of the suspension and
16disqualification shall not be mailed to the person or entered
17to the driving record, but rather the sworn report shall be
18returned to the issuing law enforcement agency.
19    (e) A driver may contest this suspension of his or her
20driving privileges and disqualification of his or her CDL
21privileges by requesting an administrative hearing with the
22Secretary in accordance with Section 2-118 of this Code. At
23the conclusion of a hearing held under Section 2-118 of this
24Code, the Secretary may rescind, continue, or modify the
25orders of suspension and disqualification. If the Secretary
26does not rescind the orders of suspension and

 

 

SB2037- 1629 -LRB102 17120 WGH 22551 b

1disqualification, a restricted driving permit may be granted
2by the Secretary upon application being made and good cause
3shown. A restricted driving permit may be granted to relieve
4undue hardship to allow driving for employment, educational,
5and medical purposes as outlined in Section 6-206 of this
6Code. The provisions of Section 6-206 of this Code shall
7apply. In accordance with 49 C.F.R. 384, the Secretary of
8State may not issue a restricted driving permit for the
9operation of a commercial motor vehicle to a person holding a
10CDL whose driving privileges have been suspended, revoked,
11cancelled, or disqualified.
12    (f) (Blank).
13    (g) For the purposes of this Section, a personal injury
14shall include any type A injury as indicated on the traffic
15accident report completed by a law enforcement officer that
16requires immediate professional attention in either a doctor's
17office or a medical facility. A type A injury shall include
18severely bleeding wounds, distorted extremities, and injuries
19that require the injured party to be carried from the scene.
20(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16;
21100-513, eff. 1-1-18.)
 
22    (625 ILCS 5/11-501.8)
23    Sec. 11-501.8. Suspension of driver's license; persons
24under age 21.
25    (a) A person who is less than 21 years of age and who

 

 

SB2037- 1630 -LRB102 17120 WGH 22551 b

1drives or is in actual physical control of a motor vehicle upon
2the public highways of this State shall be deemed to have given
3consent to a chemical test or tests of blood, breath, other
4bodily substance, or urine for the purpose of determining the
5alcohol content of the person's blood if arrested, as
6evidenced by the issuance of a Uniform Traffic Ticket for any
7violation of the Illinois Vehicle Code or a similar provision
8of a local ordinance, if a police officer has probable cause to
9believe that the driver has consumed any amount of an
10alcoholic beverage based upon evidence of the driver's
11physical condition or other first hand knowledge of the police
12officer. The test or tests shall be administered at the
13direction of the arresting officer. The law enforcement agency
14employing the officer shall designate which of the aforesaid
15tests shall be administered. Up to 2 additional tests of urine
16or other bodily substance may be administered even after a
17blood or breath test or both has been administered.
18    (b) A person who is dead, unconscious, or who is otherwise
19in a condition rendering that person incapable of refusal,
20shall be deemed not to have withdrawn the consent provided by
21paragraph (a) of this Section and the test or tests may be
22administered subject to the following provisions:
23        (i) Chemical analysis of the person's blood, urine,
24    breath, or other bodily substance, to be considered valid
25    under the provisions of this Section, shall have been
26    performed according to standards promulgated by the

 

 

SB2037- 1631 -LRB102 17120 WGH 22551 b

1    Illinois Department of State Police by an individual
2    possessing a valid permit issued by that Department for
3    this purpose. The Director of the Illinois State Police is
4    authorized to approve satisfactory techniques or methods,
5    to ascertain the qualifications and competence of
6    individuals to conduct analyses, to issue permits that
7    shall be subject to termination or revocation at the
8    direction of that Department, and to certify the accuracy
9    of breath testing equipment. The Illinois Department of
10    State Police shall prescribe regulations as necessary.
11        (ii) When a person submits to a blood test at the
12    request of a law enforcement officer under the provisions
13    of this Section, only a physician authorized to practice
14    medicine, a licensed physician assistant, a licensed
15    advanced practice registered nurse, a registered nurse, or
16    other qualified person trained in venipuncture and acting
17    under the direction of a licensed physician may withdraw
18    blood for the purpose of determining the alcohol content
19    therein. This limitation does not apply to the taking of
20    breath, other bodily substance, or urine specimens.
21        (iii) The person tested may have a physician,
22    qualified technician, chemist, registered nurse, or other
23    qualified person of his or her own choosing administer a
24    chemical test or tests in addition to any test or tests
25    administered at the direction of a law enforcement
26    officer. The failure or inability to obtain an additional

 

 

SB2037- 1632 -LRB102 17120 WGH 22551 b

1    test by a person shall not preclude the consideration of
2    the previously performed chemical test.
3        (iv) Upon a request of the person who submits to a
4    chemical test or tests at the request of a law enforcement
5    officer, full information concerning the test or tests
6    shall be made available to the person or that person's
7    attorney.
8        (v) Alcohol concentration means either grams of
9    alcohol per 100 milliliters of blood or grams of alcohol
10    per 210 liters of breath.
11        (vi) If a driver is receiving medical treatment as a
12    result of a motor vehicle accident, a physician licensed
13    to practice medicine, licensed physician assistant,
14    licensed advanced practice registered nurse, registered
15    nurse, or other qualified person trained in venipuncture
16    and acting under the direction of a licensed physician
17    shall withdraw blood for testing purposes to ascertain the
18    presence of alcohol upon the specific request of a law
19    enforcement officer. However, that testing shall not be
20    performed until, in the opinion of the medical personnel
21    on scene, the withdrawal can be made without interfering
22    with or endangering the well-being of the patient.
23    (c) A person requested to submit to a test as provided
24above shall be warned by the law enforcement officer
25requesting the test that a refusal to submit to the test, or
26submission to the test resulting in an alcohol concentration

 

 

SB2037- 1633 -LRB102 17120 WGH 22551 b

1of more than 0.00, may result in the loss of that person's
2privilege to operate a motor vehicle and may result in the
3disqualification of the person's privilege to operate a
4commercial motor vehicle, as provided in Section 6-514 of this
5Code, if the person is a CDL holder. The loss of driving
6privileges shall be imposed in accordance with Section 6-208.2
7of this Code.
8    A person requested to submit to a test shall also
9acknowledge, in writing, receipt of the warning required under
10this Section. If the person refuses to acknowledge receipt of
11the warning, the law enforcement officer shall make a written
12notation on the warning that the person refused to sign the
13warning. A person's refusal to sign the warning shall not be
14evidence that the person was not read the warning.
15    (d) If the person refuses testing or submits to a test that
16discloses an alcohol concentration of more than 0.00, the law
17enforcement officer shall immediately submit a sworn report to
18the Secretary of State on a form prescribed by the Secretary of
19State, certifying that the test or tests were requested under
20subsection (a) and the person refused to submit to a test or
21tests or submitted to testing which disclosed an alcohol
22concentration of more than 0.00. The law enforcement officer
23shall submit the same sworn report when a person under the age
24of 21 submits to testing under Section 11-501.1 of this Code
25and the testing discloses an alcohol concentration of more
26than 0.00 and less than 0.08.

 

 

SB2037- 1634 -LRB102 17120 WGH 22551 b

1    Upon receipt of the sworn report of a law enforcement
2officer, the Secretary of State shall enter the suspension and
3disqualification on the individual's driving record and the
4suspension and disqualification shall be effective on the 46th
5day following the date notice of the suspension was given to
6the person. If this suspension is the individual's first
7driver's license suspension under this Section, reports
8received by the Secretary of State under this Section shall,
9except during the time the suspension is in effect, be
10privileged information and for use only by the courts, police
11officers, prosecuting authorities, the Secretary of State, or
12the individual personally, unless the person is a CDL holder,
13is operating a commercial motor vehicle or vehicle required to
14be placarded for hazardous materials, in which case the
15suspension shall not be privileged. Reports received by the
16Secretary of State under this Section shall also be made
17available to the parent or guardian of a person under the age
18of 18 years that holds an instruction permit or a graduated
19driver's license, regardless of whether the suspension is in
20effect.
21    The law enforcement officer submitting the sworn report
22shall serve immediate notice of this suspension on the person
23and the suspension and disqualification shall be effective on
24the 46th day following the date notice was given.
25    In cases where the blood alcohol concentration of more
26than 0.00 is established by a subsequent analysis of blood,

 

 

SB2037- 1635 -LRB102 17120 WGH 22551 b

1other bodily substance, or urine, the police officer or
2arresting agency shall give notice as provided in this Section
3or by deposit in the United States mail of that notice in an
4envelope with postage prepaid and addressed to that person at
5his last known address and the loss of driving privileges
6shall be effective on the 46th day following the date notice
7was given.
8    Upon receipt of the sworn report of a law enforcement
9officer, the Secretary of State shall also give notice of the
10suspension and disqualification to the driver by mailing a
11notice of the effective date of the suspension and
12disqualification to the individual. However, should the sworn
13report be defective by not containing sufficient information
14or be completed in error, the notice of the suspension and
15disqualification shall not be mailed to the person or entered
16to the driving record, but rather the sworn report shall be
17returned to the issuing law enforcement agency.
18    (e) A driver may contest this suspension and
19disqualification by requesting an administrative hearing with
20the Secretary of State in accordance with Section 2-118 of
21this Code. An individual whose blood alcohol concentration is
22shown to be more than 0.00 is not subject to this Section if he
23or she consumed alcohol in the performance of a religious
24service or ceremony. An individual whose blood alcohol
25concentration is shown to be more than 0.00 shall not be
26subject to this Section if the individual's blood alcohol

 

 

SB2037- 1636 -LRB102 17120 WGH 22551 b

1concentration resulted only from ingestion of the prescribed
2or recommended dosage of medicine that contained alcohol. The
3petition for that hearing shall not stay or delay the
4effective date of the impending suspension. The scope of this
5hearing shall be limited to the issues of:
6        (1) whether the police officer had probable cause to
7    believe that the person was driving or in actual physical
8    control of a motor vehicle upon the public highways of the
9    State and the police officer had reason to believe that
10    the person was in violation of any provision of the
11    Illinois Vehicle Code or a similar provision of a local
12    ordinance; and
13        (2) whether the person was issued a Uniform Traffic
14    Ticket for any violation of the Illinois Vehicle Code or a
15    similar provision of a local ordinance; and
16        (3) whether the police officer had probable cause to
17    believe that the driver had consumed any amount of an
18    alcoholic beverage based upon the driver's physical
19    actions or other first-hand knowledge of the police
20    officer; and
21        (4) whether the person, after being advised by the
22    officer that the privilege to operate a motor vehicle
23    would be suspended if the person refused to submit to and
24    complete the test or tests, did refuse to submit to or
25    complete the test or tests to determine the person's
26    alcohol concentration; and

 

 

SB2037- 1637 -LRB102 17120 WGH 22551 b

1        (5) whether the person, after being advised by the
2    officer that the privileges to operate a motor vehicle
3    would be suspended if the person submits to a chemical
4    test or tests and the test or tests disclose an alcohol
5    concentration of more than 0.00, did submit to and
6    complete the test or tests that determined an alcohol
7    concentration of more than 0.00; and
8        (6) whether the test result of an alcohol
9    concentration of more than 0.00 was based upon the
10    person's consumption of alcohol in the performance of a
11    religious service or ceremony; and
12        (7) whether the test result of an alcohol
13    concentration of more than 0.00 was based upon the
14    person's consumption of alcohol through ingestion of the
15    prescribed or recommended dosage of medicine.
16    At the conclusion of the hearing held under Section 2-118
17of this Code, the Secretary of State may rescind, continue, or
18modify the suspension and disqualification. If the Secretary
19of State does not rescind the suspension and disqualification,
20a restricted driving permit may be granted by the Secretary of
21State upon application being made and good cause shown. A
22restricted driving permit may be granted to relieve undue
23hardship by allowing driving for employment, educational, and
24medical purposes as outlined in item (3) of part (c) of Section
256-206 of this Code. The provisions of item (3) of part (c) of
26Section 6-206 of this Code and of subsection (f) of that

 

 

SB2037- 1638 -LRB102 17120 WGH 22551 b

1Section shall apply. The Secretary of State shall promulgate
2rules providing for participation in an alcohol education and
3awareness program or activity, a drug education and awareness
4program or activity, or both as a condition to the issuance of
5a restricted driving permit for suspensions imposed under this
6Section.
7    (f) The results of any chemical testing performed in
8accordance with subsection (a) of this Section are not
9admissible in any civil or criminal proceeding, except that
10the results of the testing may be considered at a hearing held
11under Section 2-118 of this Code. However, the results of the
12testing may not be used to impose driver's license sanctions
13under Section 11-501.1 of this Code. A law enforcement officer
14may, however, pursue a statutory summary suspension or
15revocation of driving privileges under Section 11-501.1 of
16this Code if other physical evidence or first hand knowledge
17forms the basis of that suspension or revocation.
18    (g) This Section applies only to drivers who are under age
1921 at the time of the issuance of a Uniform Traffic Ticket for
20a violation of the Illinois Vehicle Code or a similar
21provision of a local ordinance, and a chemical test request is
22made under this Section.
23    (h) The action of the Secretary of State in suspending,
24revoking, cancelling, or disqualifying any license or permit
25shall be subject to judicial review in the Circuit Court of
26Sangamon County or in the Circuit Court of Cook County, and the

 

 

SB2037- 1639 -LRB102 17120 WGH 22551 b

1provisions of the Administrative Review Law and its rules are
2hereby adopted and shall apply to and govern every action for
3the judicial review of final acts or decisions of the
4Secretary of State under this Section.
5(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16;
6100-513, eff. 1-1-18.)
 
7    (625 ILCS 5/11-501.10)
8    (Section scheduled to be repealed on July 1, 2021)
9    Sec. 11-501.10. DUI Cannabis Task Force.
10    (a) The DUI Cannabis Task Force is hereby created to study
11the issue of driving under the influence of cannabis. The Task
12Force shall consist of the following members:
13        (1) The Director of the Illinois State Police, or his
14    or her designee, who shall serve as chair;
15        (2) The Secretary of State, or his or her designee;
16        (3) The President of the Illinois State's Attorneys
17    Association, or his or her designee;
18        (4) The President of the Illinois Association of
19    Criminal Defense Lawyers, or his or her designee;
20        (5) One member appointed by the Speaker of the House
21    of Representatives;
22        (6) One member appointed by the Minority Leader of the
23    House of Representatives;
24        (7) One member appointed by the President of the
25    Senate;

 

 

SB2037- 1640 -LRB102 17120 WGH 22551 b

1        (8) One member appointed by the Minority Leader of the
2    Senate;
3        (9) One member of an organization dedicated to end
4    drunk driving and drugged driving;
5        (10) The president of a statewide bar association,
6    appointed by the Governor;
7        (11) One member of a statewide organization
8    representing civil and constitutional rights, appointed by
9    the Governor;
10        (12) One member of a statewide association
11    representing chiefs of police, appointed by the Governor;
12    and
13        (13) One member of a statewide association
14    representing sheriffs, appointed by the Governor.
15    (b) The members of the Task Force shall serve without
16compensation.
17    (c) The Task Force shall examine best practices in the
18area of driving under the influence of cannabis enforcement,
19including examining emerging technology in roadside testing.
20    (d) The Task Force shall meet no fewer than 3 times and
21shall present its report and recommendations on improvements
22to enforcement of driving under the influence of cannabis, in
23electronic format, to the Governor and the General Assembly no
24later than July 1, 2020.
25    (e) The Illinois Department of State Police shall provide
26administrative support to the Task Force as needed. The

 

 

SB2037- 1641 -LRB102 17120 WGH 22551 b

1Sentencing Policy Advisory Council shall provide data on
2driving under the influence of cannabis offenses and other
3data to the Task Force as needed.
4    (f) This Section is repealed on July 1, 2021.
5(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
6    (625 ILCS 5/11-605.1)
7    Sec. 11-605.1. Special limit while traveling through a
8highway construction or maintenance speed zone.
9    (a) A person may not operate a motor vehicle in a
10construction or maintenance speed zone at a speed in excess of
11the posted speed limit when workers are present.
12    (a-5) A person may not operate a motor vehicle in a
13construction or maintenance speed zone at a speed in excess of
14the posted speed limit when workers are not present.
15    (b) Nothing in this Chapter prohibits the use of
16electronic speed-detecting devices within 500 feet of signs
17within a construction or maintenance speed zone indicating the
18zone, as defined in this Section, nor shall evidence obtained
19by use of those devices be inadmissible in any prosecution for
20speeding, provided the use of the device shall apply only to
21the enforcement of the speed limit in the construction or
22maintenance speed zone.
23    (c) As used in this Section, a "construction or
24maintenance speed zone" is an area in which the Department,
25Toll Highway Authority, or local agency has posted signage

 

 

SB2037- 1642 -LRB102 17120 WGH 22551 b

1advising drivers that a construction or maintenance speed zone
2is being approached, or in which the Department, Authority, or
3local agency has posted a lower speed limit with a highway
4construction or maintenance speed zone special speed limit
5sign after determining that the preexisting established speed
6limit through a highway construction or maintenance project is
7greater than is reasonable or safe with respect to the
8conditions expected to exist in the construction or
9maintenance speed zone.
10    If it is determined that the preexisting established speed
11limit is safe with respect to the conditions expected to exist
12in the construction or maintenance speed zone, additional
13speed limit signs which conform to the requirements of this
14subsection (c) shall be posted.
15    Highway construction or maintenance speed zone special
16speed limit signs shall be of a design approved by the
17Department. The signs must give proper due warning that a
18construction or maintenance speed zone is being approached and
19must indicate the maximum speed limit in effect. The signs
20also must state the amount of the minimum fine for a violation.
21    (d) Except as provided under subsection (d-5), a person
22who violates this Section is guilty of a petty offense.
23Violations of this Section are punishable with a minimum fine
24of $250 for the first violation and a minimum fine of $750 for
25the second or subsequent violation.
26    (d-5) A person committing a violation of this Section is

 

 

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1guilty of aggravated special speed limit while traveling
2through a highway construction or maintenance speed zone when
3he or she drives a motor vehicle at a speed that is:
4        (1) 26 miles per hour or more but less than 35 miles
5    per hour in excess of the applicable special speed limit
6    established under this Section or a similar provision of a
7    local ordinance and is guilty of a Class B misdemeanor; or
8        (2) 35 miles per hour or more in excess of the
9    applicable special speed limit established under this
10    Section or a similar provision of a local ordinance and is
11    guilty of a Class A misdemeanor.
12    (e) (Blank).
13    (e-5) The Illinois Department of State Police and the
14local county police department have concurrent jurisdiction
15over any violation of this Section that occurs on an
16interstate highway.
17    (f) The Transportation Safety Highway Hire-back Fund,
18which was created by Public Act 92-619, shall continue to be a
19special fund in the State treasury. Subject to appropriation
20by the General Assembly and approval by the Secretary, the
21Secretary of Transportation shall use all moneys in the
22Transportation Safety Highway Hire-back Fund to hire off-duty
23Illinois Department of State Police officers to monitor
24construction or maintenance zones.
25    (f-5) Each county shall create a Transportation Safety
26Highway Hire-back Fund. The county shall use the moneys in its

 

 

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1Transportation Safety Highway Hire-back Fund to hire off-duty
2county police officers to monitor construction or maintenance
3zones in that county on highways other than interstate
4highways. The county, in its discretion, may also use a
5portion of the moneys in its Transportation Safety Highway
6Hire-back Fund to purchase equipment for county law
7enforcement and fund the production of materials to educate
8drivers on construction zone safe driving habits.
9    (g) For a second or subsequent violation of this Section
10within 2 years of the date of the previous violation, the
11Secretary of State shall suspend the driver's license of the
12violator for a period of 90 days. This suspension shall only be
13imposed if the current violation of this Section and at least
14one prior violation of this Section occurred during a period
15when workers were present in the construction or maintenance
16zone.
17(Source: P.A. 99-212, eff. 1-1-16; 99-280, eff. 1-1-16;
1899-642, eff. 7-28-16; 100-987, eff. 7-1-19.)
 
19    (625 ILCS 5/11-907.1)
20    (Section scheduled to be repealed on January 1, 2022)
21    Sec. 11-907.1. Move Over Task Force.
22    (a) The Move Over Task Force is created to study the issue
23of violations of Sections 11-907, 11-907.5, and 11-908 with
24particular attention to the causes of violations and ways to
25protect law enforcement and emergency responders.

 

 

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1    (b) The membership of the Task Force shall consist of the
2following members:
3        (1) the Director of the Illinois State Police or his
4    or her designee, who shall serve as chair;
5        (2) the Governor or his or her designee;
6        (3) the Secretary of State or his or her designee;
7        (4) the Secretary of Transportation or his or her
8    designee;
9        (5) the Director of the Illinois Toll Highway
10    Authority or his or her designee;
11        (6) the President of the Illinois State's Attorneys
12    Association or his or her designee;
13        (7) the President of the Illinois Association of
14    Chiefs of Police or his or her designee;
15        (8) the President of the Illinois Sheriffs'
16    Association or his or her designee;
17        (9) the President of the Illinois Fraternal Order of
18    Police or his or her designee;
19        (10) the President of the Associated Fire Fighters of
20    Illinois or his or her designee;
21        (11) one member appointed by the Speaker of the House
22    of Representatives;
23        (12) one member appointed by the Minority Leader of
24    the House of Representatives;
25        (13) one member appointed by the President of the
26    Senate;

 

 

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1        (14) one member appointed by the Minority Leader of
2    the Senate; and
3        (15) the following persons appointed by the Governor:
4            (A) 2 representatives of different statewide
5        trucking associations;
6            (B) one representative of a Chicago area motor
7        club;
8            (C) one representative of a Chicago area transit
9        safety alliance;
10            (D) one representative of a statewide press
11        association;
12            (E) one representative of a statewide broadcast
13        association;
14            (F) one representative of a statewide towing
15        organization;
16            (G) the chief of police of a municipality with a
17        population under 25,000;
18            (H) one representative of a statewide organization
19        representing chiefs of police; and
20            (I) one representative of the solid waste
21        management industry; and
22            (J) one representative from a bona fide labor
23        organization representing certified road flaggers and
24        other road construction workers.
25    (c) The members of the Task Force shall serve without
26compensation.

 

 

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1    (d) The Task Force shall meet no fewer than 3 times and
2shall present its report and recommendations, including
3legislative recommendations, if any, on how to better enforce
4Scott's Law and prevent fatalities on Illinois roadways to the
5General Assembly no later than January 1, 2021.
6    (e) The Illinois Department of State Police shall provide
7administrative support to the Task Force as needed.
8    (f) This Section is repealed on January 1, 2022.
9(Source: P.A. 101-174, eff. 1-1-20; 101-606, eff. 12-13-19.)
 
10    (625 ILCS 5/12-612)
11    Sec. 12-612. False or secret compartment in a vehicle.
12    (a) Offenses. It is unlawful for any person:
13        (1) to own or operate with criminal intent any vehicle
14    he or she knows to contain a false or secret compartment
15    that is used or has been used to conceal a firearm as
16    prohibited by paragraph (a)(4) of Section 24-1 or
17    paragraph (a)(1) of Section 24-1.6 of the Criminal Code of
18    2012, or controlled substance as prohibited by the
19    Illinois Controlled Substances Act or the Methamphetamine
20    Control and Community Protection Act; or
21        (2) to install, create, build, or fabricate in any
22    vehicle a false or secret compartment knowing that another
23    person intends to use the compartment to conceal a firearm
24    as prohibited by paragraph (a)(4) of Section 24-1 of the
25    Criminal Code of 2012, or controlled substance as

 

 

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1    prohibited by the Illinois Controlled Substances Act or
2    the Methamphetamine Control and Community Protection Act.
3    (b) Definitions. For purposes of this Section:
4        (1) "False or secret compartment" means an enclosure
5    integrated into a vehicle that is a modification of the
6    vehicle as built by the original manufacturer.
7        (2) "Vehicle" means any of the following vehicles
8    without regard to whether the vehicles are private or
9    commercial, including, but not limited to, cars, trucks,
10    buses, aircraft, and watercraft.
11    (c) Forfeiture. Any vehicle containing a false or secret
12compartment used in violation of this Section, as well as any
13items within that compartment, shall be subject to seizure by
14the Illinois Department of State Police or by any municipal or
15other local law enforcement agency within whose jurisdiction
16that property is found as provided in Sections 36-1 and 36-2 of
17the Criminal Code of 2012 (720 ILCS 5/36-1 and 5/36-2). The
18removal of the false or secret compartment from the vehicle,
19or the promise to do so, shall not be the basis for a defense
20to forfeiture of the motor vehicle under Section 36-2 of the
21Criminal Code of 2012 and shall not be the basis for the court
22to release the vehicle to the owner.
23    (d) Sentence. A violation of this Section is a Class 4
24felony. The sentence imposed for violation of this Section
25shall be served consecutively to any other sentence imposed in
26connection with the firearm, controlled substance, or other

 

 

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1contraband concealed in the false or secret compartment.
2    (e) For purposes of this Section, a new owner is not
3responsible for any conduct that occurred or knowledge of
4conduct that occurred prior to transfer of title.
5(Source: P.A. 96-202, eff. 1-1-10; 97-1150, eff. 1-25-13.)
 
6    (625 ILCS 5/13-109.1)
7    Sec. 13-109.1. Annual emission inspection tests;
8standards; penalties; funds.
9    (a) For each diesel powered vehicle that (i) is registered
10for a gross weight of more than 16,000 pounds, (ii) is
11registered within an affected area, and (iii) is a 2 year or
12older model year, an annual emission inspection test shall be
13conducted at an official testing station certified by the
14Illinois Department of Transportation to perform diesel
15emission inspections pursuant to the standards set forth in
16subsection (b) of this Section. This annual emission
17inspection test may be conducted in conjunction with a
18semi-annual safety test.
19    (a-5) (Blank).
20    (b) Diesel emission inspections conducted under this
21Chapter 13 shall be conducted in accordance with the Society
22of Automotive Engineers Recommended Practice J1667
23"Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel
24Powered Vehicles" and the cutpoint standards set forth in the
25United States Environmental Protection Agency guidance

 

 

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1document "Guidance to States on Smoke Opacity Cutpoints to be
2used with the SAE J1667 In-Use Smoke Test Procedure". Those
3procedures and standards, as now in effect, are made a part of
4this Code, in the same manner as though they were set out in
5full in this Code.
6    Notwithstanding the above cutpoint standards, for motor
7vehicles that are model years 1973 and older, until December
831, 2002, the level of peak smoke opacity shall not exceed 70
9percent. Beginning January 1, 2003, for motor vehicles that
10are model years 1973 and older, the level of peak smoke opacity
11shall not exceed 55 percent.
12    (c) If the annual emission inspection under subsection (a)
13reveals that the vehicle is not in compliance with the diesel
14emission standards set forth in subsection (b) of this
15Section, the operator of the official testing station shall
16issue a warning notice requiring correction of the violation.
17The correction shall be made and the vehicle submitted to an
18emissions retest at an official testing station certified by
19the Department to perform diesel emission inspections within
2030 days from the issuance of the warning notice requiring
21correction of the violation.
22    If, within 30 days from the issuance of the warning
23notice, the vehicle is not in compliance with the diesel
24emission standards set forth in subsection (b) as determined
25by an emissions retest at an official testing station, the
26operator of the official testing station or the Department

 

 

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1shall place the vehicle out-of-service in accordance with the
2rules promulgated by the Department. Operating a vehicle that
3has been placed out-of-service under this subsection (c) is a
4petty offense punishable by a $1,000 fine. The vehicle must
5pass a diesel emission inspection at an official testing
6station before it is again placed in service. The Secretary of
7State, Illinois Department of State Police, and other law
8enforcement officers shall enforce this Section. No emergency
9vehicle, as defined in Section 1-105, may be placed
10out-of-service pursuant to this Section.
11    The Department or an official testing station may issue a
12certificate of waiver subsequent to a reinspection of a
13vehicle that failed the emissions inspection. Certificate of
14waiver shall be issued upon determination that documented
15proof demonstrates that emissions repair costs for the
16noncompliant vehicle of at least $3,000 have been spent in an
17effort to achieve compliance with the emission standards set
18forth in subsection (b). The Department of Transportation
19shall adopt rules for the implementation of this subsection
20including standards of documented proof as well as the
21criteria by which a waiver shall be granted.
22    (c-5) (Blank).
23    (d) (Blank).
24(Source: P.A. 100-700, eff. 8-3-18.)
 
25    (625 ILCS 5/15-102)  (from Ch. 95 1/2, par. 15-102)

 

 

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1    Sec. 15-102. Width of vehicles.
2    (a) On Class III and non-designated State and local
3highways, the total outside width of any vehicle or load
4thereon shall not exceed 8 feet 6 inches.
5    (b) Except during those times when, due to insufficient
6light or unfavorable atmospheric conditions, persons and
7vehicles on the highway are not clearly discernible at a
8distance of 1000 feet, the following vehicles may exceed the 8
9feet 6 inch limitation during the period from a half hour
10before sunrise to a half hour after sunset:
11        (1) Loads of hay, straw or other similar farm products
12    provided that the load is not more than 12 feet wide.
13        (2) Implements of husbandry being transported on
14    another vehicle and the transporting vehicle while loaded.
15        The following requirements apply to the transportation
16    on another vehicle of an implement of husbandry wider than
17    8 feet 6 inches on the National System of Interstate and
18    Defense Highways or other highways in the system of State
19    highways:
20            (A) The driver of a vehicle transporting an
21        implement of husbandry that exceeds 8 feet 6 inches in
22        width shall obey all traffic laws and shall check the
23        roadways prior to making a movement in order to ensure
24        that adequate clearance is available for the movement.
25        It is prima facie evidence that the driver of a vehicle
26        transporting an implement of husbandry has failed to

 

 

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1        check the roadway prior to making a movement if the
2        vehicle is involved in a collision with a bridge,
3        overpass, fixed structure, or properly placed traffic
4        control device or if the vehicle blocks traffic due to
5        its inability to proceed because of a bridge,
6        overpass, fixed structure, or properly placed traffic
7        control device.
8            (B) Flags shall be displayed so as to wave freely
9        at the extremities of overwidth objects and at the
10        extreme ends of all protrusions, projections, and
11        overhangs. All flags shall be clean, bright red flags
12        with no advertising, wording, emblem, or insignia
13        inscribed upon them and at least 18 inches square.
14            (C) "OVERSIZE LOAD" signs are mandatory on the
15        front and rear of all vehicles with loads over 10 feet
16        wide. These signs must have 12-inch high black letters
17        with a 2-inch stroke on a yellow sign that is 7 feet
18        wide by 18 inches high.
19            (D) One civilian escort vehicle is required for a
20        load that exceeds 14 feet 6 inches in width and 2
21        civilian escort vehicles are required for a load that
22        exceeds 16 feet in width on the National System of
23        Interstate and Defense Highways or other highways in
24        the system of State highways.
25            (E) The requirements for a civilian escort vehicle
26        and driver are as follows:

 

 

SB2037- 1654 -LRB102 17120 WGH 22551 b

1                (1) The civilian escort vehicle shall be a
2            vehicle not exceeding a gross vehicle weight
3            rating of 26,000 pounds that is designed to afford
4            clear and unobstructed vision to both front and
5            rear.
6                (2) The escort vehicle driver must be properly
7            licensed to operate the vehicle.
8                (3) While in use, the escort vehicle must be
9            equipped with illuminated rotating, oscillating,
10            or flashing amber lights or flashing amber strobe
11            lights mounted on top that are of sufficient
12            intensity to be visible at 500 feet in normal
13            sunlight.
14                (4) "OVERSIZE LOAD" signs are mandatory on all
15            escort vehicles. The sign on an escort vehicle
16            shall have 8-inch high black letters on a yellow
17            sign that is 5 feet wide by 12 inches high.
18                (5) When only one escort vehicle is required
19            and it is operating on a two-lane highway, the
20            escort vehicle shall travel approximately 300 feet
21            ahead of the load. The rotating, oscillating, or
22            flashing lights or flashing amber strobe lights
23            and an "OVERSIZE LOAD" sign shall be displayed on
24            the escort vehicle and shall be visible from the
25            front. When only one escort vehicle is required
26            and it is operating on a multilane divided

 

 

SB2037- 1655 -LRB102 17120 WGH 22551 b

1            highway, the escort vehicle shall travel
2            approximately 300 feet behind the load and the
3            sign and lights shall be visible from the rear.
4                (6) When 2 escort vehicles are required, one
5            escort shall travel approximately 300 feet ahead
6            of the load and the second escort shall travel
7            approximately 300 feet behind the load. The
8            rotating, oscillating, or flashing lights or
9            flashing amber strobe lights and an "OVERSIZE
10            LOAD" sign shall be displayed on the escort
11            vehicles and shall be visible from the front on
12            the lead escort and from the rear on the trailing
13            escort.
14                (7) When traveling within the corporate limits
15            of a municipality, the escort vehicle shall
16            maintain a reasonable and proper distance from the
17            oversize load, consistent with existing traffic
18            conditions.
19                (8) A separate escort shall be provided for
20            each load hauled.
21                (9) The driver of an escort vehicle shall obey
22            all traffic laws.
23                (10) The escort vehicle must be in safe
24            operational condition.
25                (11) The driver of the escort vehicle must be
26            in radio contact with the driver of the vehicle

 

 

SB2037- 1656 -LRB102 17120 WGH 22551 b

1            carrying the oversize load.
2            (F) A transport vehicle while under load of more
3        than 8 feet 6 inches in width must be equipped with an
4        illuminated rotating, oscillating, or flashing amber
5        light or lights or a flashing amber strobe light or
6        lights mounted on the top of the cab that are of
7        sufficient intensity to be visible at 500 feet in
8        normal sunlight. If the load on the transport vehicle
9        blocks the visibility of the amber lighting from the
10        rear of the vehicle, the vehicle must also be equipped
11        with an illuminated rotating, oscillating, or flashing
12        amber light or lights or a flashing amber strobe light
13        or lights mounted on the rear of the load that are of
14        sufficient intensity to be visible at 500 feet in
15        normal sunlight.
16            (G) When a flashing amber light is required on the
17        transport vehicle under load and it is operating on a
18        two-lane highway, the transport vehicle shall display
19        to the rear at least one rotating, oscillating, or
20        flashing light or a flashing amber strobe light and an
21        "OVERSIZE LOAD" sign. When a flashing amber light is
22        required on the transport vehicle under load and it is
23        operating on a multilane divided highway, the sign and
24        light shall be visible from the rear.
25            (H) Maximum speed shall be 45 miles per hour on all
26        such moves or 5 miles per hour above the posted minimum

 

 

SB2037- 1657 -LRB102 17120 WGH 22551 b

1        speed limit, whichever is greater, but the vehicle
2        shall not at any time exceed the posted maximum speed
3        limit.
4        (3) Portable buildings designed and used for
5    agricultural and livestock raising operations that are not
6    more than 14 feet wide and with not more than a 1 foot
7    overhang along the left side of the hauling vehicle.
8    However, the buildings shall not be transported more than
9    10 miles and not on any route that is part of the National
10    System of Interstate and Defense Highways.
11    All buildings when being transported shall display at
12least 2 red cloth flags, not less than 12 inches square,
13mounted as high as practicable on the left and right side of
14the building.
15    An Illinois A State Police escort shall be required if it
16is necessary for this load to use part of the left lane when
17crossing any 2 laned State highway bridge.
18    (c) Vehicles propelled by electric power obtained from
19overhead trolley wires operated wholly within the corporate
20limits of a municipality are also exempt from the width
21limitation.
22    (d) (Blank).
23    (d-1) A recreational vehicle, as defined in Section 1-169,
24may exceed 8 feet 6 inches in width if:
25        (1) the excess width is attributable to appurtenances
26    that extend 6 inches or less beyond either side of the body

 

 

SB2037- 1658 -LRB102 17120 WGH 22551 b

1    of the vehicle; and
2        (2) the roadway on which the vehicle is traveling has
3    marked lanes for vehicular traffic that are at least 11
4    feet in width.
5    As used in this subsection (d-1) and in subsection (d-2),
6the term appurtenance includes (i) a retracted awning and its
7support hardware and (ii) any appendage that is intended to be
8an integral part of a recreational recreation vehicle.
9    (d-2) A recreational vehicle that exceeds 8 feet 6 inches
10in width as provided in subsection (d-1) may travel any
11roadway of the State if the vehicle is being operated between a
12roadway permitted under subsection (d-1) and:
13        (1) the location where the recreational recreation
14    vehicle is garaged;
15        (2) the destination of the recreational recreation
16    vehicle; or
17        (3) a facility for food, fuel, repair, services, or
18    rest.
19    (e) A vehicle and load traveling upon the National System
20of Interstate and Defense Highways or any other highway in the
21system of State highways that has been designated as a Class I
22or Class II highway by the Department, or any street or highway
23designated by local authorities, may have a total outside
24width of 8 feet 6 inches, provided that certain safety devices
25that the Department determines as necessary for the safe and
26efficient operation of motor vehicles shall not be included in

 

 

SB2037- 1659 -LRB102 17120 WGH 22551 b

1the calculation of width.
2    Section 5-35 of the Illinois Administrative Procedure Act
3relating to procedures for rulemaking shall not apply to the
4designation of highways under this paragraph (e).
5    (f) Mirrors required by Section 12-502 of this Code and
6other safety devices identified by the Department may project
7up to 14 inches beyond each side of a bus and up to 6 inches
8beyond each side of any other vehicle, and that projection
9shall not be deemed a violation of the width restrictions of
10this Section.
11    (g) Any person who is convicted of violating this Section
12is subject to the penalty as provided in paragraph (b) of
13Section 15-113.
14(Source: P.A. 100-830, eff. 1-1-19.)
 
15    (625 ILCS 5/15-112)  (from Ch. 95 1/2, par. 15-112)
16    Sec. 15-112. Officers to weigh vehicles and require
17removal of excess loads.
18    (a) Any police officer having reason to believe that the
19weight of a vehicle and load is unlawful shall require the
20driver to stop and submit to a weighing of the same either by
21means of a portable or stationary scales that have been tested
22and approved at a frequency prescribed by the Illinois
23Department of Agriculture, or for those scales operated by the
24State, when such tests are requested by the Illinois
25Department of State Police, whichever is more frequent. If

 

 

SB2037- 1660 -LRB102 17120 WGH 22551 b

1such scales are not available at the place where such vehicle
2is stopped, the police officer shall require that such vehicle
3be driven to the nearest available scale that has been tested
4and approved pursuant to this Section by the Illinois
5Department of Agriculture. Notwithstanding any provisions of
6the Weights and Measures Act or the United States Department
7of Commerce NIST handbook 44, multi or single draft weighing
8is an acceptable method of weighing by law enforcement for
9determining a violation of Chapter 3 or 15 of this Code. Law
10enforcement is exempt from the requirements of commercial
11weighing established in NIST handbook 44.
12    Within 18 months after the effective date of this
13amendatory Act of the 91st General Assembly, all municipal and
14county officers, technicians, and employees who set up and
15operate portable scales for wheel load or axle load or both and
16issue citations based on the use of portable scales for wheel
17load or axle load or both and who have not successfully
18completed initial classroom and field training regarding the
19set up and operation of portable scales, shall attend and
20successfully complete initial classroom and field training
21administered by the Illinois Law Enforcement Training
22Standards Board.
23    (b) Whenever an officer, upon weighing a vehicle and the
24load, determines that the weight is unlawful, such officer
25shall require the driver to stop the vehicle in a suitable
26place and remain standing until such portion of the load is

 

 

SB2037- 1661 -LRB102 17120 WGH 22551 b

1removed as may be necessary to reduce the weight of the vehicle
2to the limit permitted under this Chapter, or to the limit
3permitted under the terms of a permit issued pursuant to
4Sections 15-301 through 15-318 and shall forthwith arrest the
5driver or owner. All material so unloaded shall be cared for by
6the owner or operator of the vehicle at the risk of such owner
7or operator; however, whenever a 3 or 4 axle vehicle with a
8tandem axle dimension greater than 72 inches, but less than 96
9inches and registered as a Special Hauling Vehicle is
10transporting asphalt or concrete in the plastic state that
11exceeds axle weight or gross weight limits by less than 4,000
12pounds, the owner or operator of the vehicle shall accept the
13arrest ticket or tickets for the alleged violations under this
14Section and proceed without shifting or reducing the load
15being transported or may shift or reduce the load under the
16provisions of subsection (d) or (e) of this Section, when
17applicable. Any fine imposed following an overweight violation
18by a vehicle registered as a Special Hauling Vehicle
19transporting asphalt or concrete in the plastic state shall be
20paid as provided in subsection 4 of paragraph (a) of Section
2116-105 of this Code.
22    (c) The Department of Transportation may, at the request
23of the Illinois Department of State Police, erect appropriate
24regulatory signs on any State highway directing second
25division vehicles to a scale. The Department of Transportation
26may also, at the direction of any State Police officer, erect

 

 

SB2037- 1662 -LRB102 17120 WGH 22551 b

1portable regulating signs on any highway directing second
2division vehicles to a portable scale. Every such vehicle,
3pursuant to such sign, shall stop and be weighed.
4    (d) Whenever any axle load of a vehicle exceeds the axle or
5tandem axle weight limits permitted by paragraph (a) of
6Section 15-111 by 2000 pounds or less, the owner or operator of
7the vehicle must shift or remove the excess so as to comply
8with paragraph (a) of Section 15-111. No overweight arrest
9ticket shall be issued to the owner or operator of the vehicle
10by any officer if the excess weight is shifted or removed as
11required by this paragraph.
12    (e) Whenever the gross weight of a vehicle with a
13registered gross weight of 77,000 pounds or less exceeds the
14weight limits of paragraph (a) of Section 15-111 of this
15Chapter by 2000 pounds or less, the owner or operator of the
16vehicle must remove the excess. Whenever the gross weight of a
17vehicle with a registered gross weight over 77,000 pounds or
18more exceeds the weight limits of paragraph (a) of Section
1915-111 by 1,000 pounds or less or 2,000 pounds or less if
20weighed on wheel load weighers, the owner or operator of the
21vehicle must remove the excess. In either case no arrest
22ticket for any overweight violation of this Code shall be
23issued to the owner or operator of the vehicle by any officer
24if the excess weight is removed as required by this paragraph.
25A person who has been granted a special permit under Section
2615-301 of this Code shall not be granted a tolerance on wheel

 

 

SB2037- 1663 -LRB102 17120 WGH 22551 b

1load weighers.
2    (e-5) Auxiliary power or idle reduction unit (APU) weight.
3        (1) A vehicle with a fully functional APU shall be
4    allowed an additional 550 pounds or the certified unit
5    weight, whichever is less. The additional pounds may be
6    allowed in gross, axles, or bridge formula weight limits
7    above the legal weight limits except when overweight on an
8    axle or axles of the towed unit or units in combination.
9    This tolerance shall be given in addition to the limits in
10    subsection (d) of this Section.
11        (2) An operator of a vehicle equipped with an APU
12    shall carry written certification showing the weight of
13    the APU, which shall be displayed upon the request of any
14    law enforcement officer.
15        (3) The operator may be required to demonstrate or
16    certify that the APU is fully functional at all times.
17        (4) This allowance may not be granted above the weight
18    limits specified on any loads permitted under Section
19    15-301 of this Code.
20    (f) Whenever an axle load of a vehicle exceeds axle weight
21limits allowed by the provisions of a permit an arrest ticket
22shall be issued, but the owner or operator of the vehicle may
23shift the load so as to comply with the provisions of the
24permit. Where such shifting of a load to comply with the permit
25is accomplished, the owner or operator of the vehicle may then
26proceed.

 

 

SB2037- 1664 -LRB102 17120 WGH 22551 b

1    (g) Any driver of a vehicle who refuses to stop and submit
2his vehicle and load to weighing after being directed to do so
3by an officer or removes or causes the removal of the load or
4part of it prior to weighing is guilty of a business offense
5and shall be fined not less than $500 nor more than $2,000.
6(Source: P.A. 99-717, eff. 8-5-16.)
 
7    (625 ILCS 5/15-201)  (from Ch. 95 1/2, par. 15-201)
8    Sec. 15-201. Vehicles exceeding prescribed weight limits -
9Preventing use of highway by. The Illinois Department of State
10Police is directed to institute and maintain a program
11designed to prevent the use of public highways by vehicles
12which exceed the maximum weights allowed by Section 15-111 of
13this Act or which exceeds the maximum weights allowed as
14evidenced by the license plates attached to such vehicle and
15which license is required by this Act.
16(Source: P.A. 84-25.)
 
17    (625 ILCS 5/15-202)  (from Ch. 95 1/2, par. 15-202)
18    Sec. 15-202. Enforcement.
19    Such program shall make provision for an intensive
20campaign by the Illinois State Police to apprehend any
21violators of the acts above mentioned, and at all times to
22maintain a vigilant watch for possible violators of such acts.
23(Source: P.A. 77-506.)
 

 

 

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1    (625 ILCS 5/15-203)  (from Ch. 95 1/2, par. 15-203)
2    Sec. 15-203. Records of violations. The Illinois
3Department of State Police shall maintain records of the
4number of violators of such acts apprehended and the number of
5convictions obtained. A resume of such records shall be
6included in the Department's annual report to the Governor;
7and the Department shall also present such resume to each
8regular session of the General Assembly.
9    The requirement for reporting to the General Assembly
10shall be satisfied by filing copies of the report as required
11by Section 3.1 of the General Assembly Organization Act, and
12filing such additional copies with the State Government Report
13Distribution Center for the General Assembly as is required
14under paragraph (t) of Section 7 of the State Library Act.
15(Source: P.A. 100-1148, eff. 12-10-18.)
 
16    (625 ILCS 5/15-305)  (from Ch. 95 1/2, par. 15-305)
17    Sec. 15-305. Fees for legal weight but overdimension
18vehicles, combinations, and ;oads, other than house trailer
19combinations. Fees for special permits to move overdimension
20vehicles, combinations, and loads, other than house trailer
21combinations, shall be paid by the applicant to the Department
22at the following rates:
2390 DayAnnual
24LimitedLimited
25SingleContinuousContinuous

 

 

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1TripOperationOperation
2(a) Overall width of 10 feet
3or less, overall height of 14
4feet 6 inches or less, and
5overall length of 70
6feet or less$100.00$400.00
7For the first 90 miles$12.00
8From 90 miles to 180 miles15.00
9From 180 miles to 270 miles18.00
10For more than 270 miles$21.00
11(b) Overall width of 12 feet
12or less, overall height of 14
13feet 6 inches or less, and
14overall length
15of 85 feet or less$150.00$600.00
16For the first 90 miles$15.00
17From 90 miles to 180 miles$20.00
18From 180 miles to 270 miles$25.00
19For more than 270 miles$30.00
20(c) Overall width of 14 feet
21or less, overall height of 15
22feet or less, and overall
23length of 100 feet or less
24
25Single Trip
26Only

 

 

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1For the first 90 miles$25.00
2From 90 miles to 180 miles$30.00
3From 180 miles to 270 miles$35.00
4For more than 270 miles$40.00
5(d) Overall width of 18 feet
6or less (authorized only
7under special conditions and
8for limited distances),
9overall height of 16 feet or
10less, and overall length of
11120 feet or less
12
13Single Trip
14Only
15For the first 90 miles$30.00
16From 90 miles to 180 miles$40.00
17From 180 miles to 270 miles$50.00
18For more than 270 miles$60.00
19(e) Overall width of more
20than 18 feet (authorized only
21under special conditions and
22for limited distances),
23overall height more than 16
24feet, and overall length more
25than 120 feet

 

 

SB2037- 1668 -LRB102 17120 WGH 22551 b

1
2Single Trip
3Only
4For the first 90 miles$50.00
5From 90 miles to 180 miles$75.00
6From 180 miles to 270 miles$100.00
7For more than 270 miles$125.00
8    Permits issued under this Section shall be for a vehicle,
9or vehicle combination and load not exceeding legal weights;
10and, in the case of the limited continuous operation, shall be
11for the same vehicle, vehicle combination or like load.
12    Escort requirements shall be as prescribed in the
13Department's rules and regulations. Fees for the Illinois
14State Police vehicle escort, when required, shall be in
15addition to the permit fees.
16(Source: P.A. 89-219, eff. 1-1-96.)
 
17    (625 ILCS 5/16-102)  (from Ch. 95 1/2, par. 16-102)
18    Sec. 16-102. Arrests - Investigations - Prosecutions.
19    (a) The Illinois State Police shall patrol the public
20highways and make arrests for violation of the provisions of
21this Act.
22    (b) The Secretary of State, through the investigators
23provided for in this Act shall investigate and report
24violations of the provisions of this Act in relation to the
25equipment and operation of vehicles as provided for in Section

 

 

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12-115 and for such purposes these investigators have and may
2exercise throughout the State all of the powers of police
3officers.
4    (c) The State's Attorney of the county in which the
5violation occurs shall prosecute all violations except when
6the violation occurs within the corporate limits of a
7municipality, the municipal attorney may prosecute if written
8permission to do so is obtained from the State's Attorney.
9    (d) The State's Attorney of the county in which the
10violation occurs may not grant to the municipal attorney
11permission to prosecute if the offense charged is a felony
12under Section 11-501 of this Code. The municipality may,
13however, charge an offender with a municipal misdemeanor
14offense if the State's Attorney rejects or denies felony
15charges for the conduct that comprises the charge.
16(Source: P.A. 94-111, eff. 1-1-06; 94-740, eff. 5-8-06.)
 
17    (625 ILCS 5/16-105)  (from Ch. 95 1/2, par. 16-105)
18    Sec. 16-105. Disposition of fines and forfeitures.
19    (a) Except as provided in Section 15-113 of this Act and
20except those amounts subject to disbursement by the circuit
21clerk under the Criminal and Traffic Assessment Act, fines and
22penalties recovered under the provisions of Chapters 3 through
2317 and 18b inclusive of this Code shall be paid and used as
24follows:
25        1. For offenses committed upon a highway within the

 

 

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1    limits of a city, village, or incorporated town or under
2    the jurisdiction of any park district, to the treasurer of
3    the particular city, village, incorporated town or park
4    district, if the violator was arrested by the authorities
5    of the city, village, incorporated town or park district,
6    provided the police officers and officials of cities,
7    villages, incorporated towns and park districts shall
8    seasonably prosecute for all fines and penalties under
9    this Code. If the violation is prosecuted by the
10    authorities of the county, any fines or penalties
11    recovered shall be paid to the county treasurer, except
12    that fines and penalties recovered from violations
13    arrested by the Illinois State Police shall be remitted to
14    the State Police Law Enforcement Administration Fund.
15    Provided further that if the violator was arrested by the
16    Illinois State Police, fines and penalties recovered under
17    the provisions of paragraph (a) of Section 15-113 of this
18    Code or paragraph (e) of Section 15-316 of this Code shall
19    be paid over to the Illinois Department of State Police
20    which shall thereupon remit the amount of the fines and
21    penalties so received to the State Treasurer who shall
22    deposit the amount so remitted in the special fund in the
23    State treasury known as the Road Fund except that if the
24    violation is prosecuted by the State's Attorney, 10% of
25    the fine or penalty recovered shall be paid to the State's
26    Attorney as a fee of his office and the balance shall be

 

 

SB2037- 1671 -LRB102 17120 WGH 22551 b

1    paid over to the Illinois Department of State Police for
2    remittance to and deposit by the State Treasurer as
3    hereinabove provided.
4        2. Except as provided in paragraph 4, for offenses
5    committed upon any highway outside the limits of a city,
6    village, incorporated town or park district, to the county
7    treasurer of the county where the offense was committed
8    except if such offense was committed on a highway
9    maintained by or under the supervision of a township,
10    township district, or a road district to the Treasurer
11    thereof for deposit in the road and bridge fund of such
12    township or other district, except that fines and
13    penalties recovered from violations arrested by the
14    Illinois State Police shall be remitted to the State
15    Police Law Enforcement Administration Fund; provided, that
16    fines and penalties recovered under the provisions of
17    paragraph (a) of Section 15-113, paragraph (d) of Section
18    3-401, or paragraph (e) of Section 15-316 of this Code
19    shall be paid over to the Illinois Department of State
20    Police which shall thereupon remit the amount of the fines
21    and penalties so received to the State Treasurer who shall
22    deposit the amount so remitted in the special fund in the
23    State treasury known as the Road Fund except that if the
24    violation is prosecuted by the State's Attorney, 10% of
25    the fine or penalty recovered shall be paid to the State's
26    Attorney as a fee of his office and the balance shall be

 

 

SB2037- 1672 -LRB102 17120 WGH 22551 b

1    paid over to the Illinois Department of State Police for
2    remittance to and deposit by the State Treasurer as
3    hereinabove provided.
4        3. Notwithstanding subsections 1 and 2 of this
5    paragraph, for violations of overweight and overload
6    limits found in Sections 15-101 through 15-203 of this
7    Code, which are committed upon the highways belonging to
8    the Illinois State Toll Highway Authority, fines and
9    penalties shall be paid over to the Illinois State Toll
10    Highway Authority for deposit with the State Treasurer
11    into that special fund known as the Illinois State Toll
12    Highway Authority Fund, except that if the violation is
13    prosecuted by the State's Attorney, 10% of the fine or
14    penalty recovered shall be paid to the State's Attorney as
15    a fee of his office and the balance shall be paid over to
16    the Illinois State Toll Highway Authority for remittance
17    to and deposit by the State Treasurer as hereinabove
18    provided.
19        4. With regard to violations of overweight and
20    overload limits found in Sections 15-101 through 15-203 of
21    this Code committed by operators of vehicles registered as
22    Special Hauling Vehicles, for offenses committed upon a
23    highway within the limits of a city, village, or
24    incorporated town or under the jurisdiction of any park
25    district, all fines and penalties shall be paid over or
26    retained as required in paragraph 1. However, with regard

 

 

SB2037- 1673 -LRB102 17120 WGH 22551 b

1    to the above offenses committed by operators of vehicles
2    registered as Special Hauling Vehicles upon any highway
3    outside the limits of a city, village, incorporated town
4    or park district, fines and penalties shall be paid over
5    or retained by the entity having jurisdiction over the
6    road or highway upon which the offense occurred, except
7    that if the violation is prosecuted by the State's
8    Attorney, 10% of the fine or penalty recovered shall be
9    paid to the State's Attorney as a fee of his office.
10    (b) Failure, refusal or neglect on the part of any
11judicial or other officer or employee receiving or having
12custody of any such fine or forfeiture either before or after a
13deposit with the proper official as defined in paragraph (a)
14of this Section, shall constitute misconduct in office and
15shall be grounds for removal therefrom.
16(Source: P.A. 100-987, eff. 7-1-19.)
 
17    (625 ILCS 5/18a-200)  (from Ch. 95 1/2, par. 18a-200)
18    Sec. 18a-200. General powers and duties of Commission. The
19Commission shall:
20    (1) Regulate commercial vehicle relocators and their
21employees or agents in accordance with this Chapter and to
22that end may establish reasonable requirements with respect to
23proper service and practices relating thereto;
24    (2) Require the maintenance of uniform systems of
25accounts, records and the preservation thereof;

 

 

SB2037- 1674 -LRB102 17120 WGH 22551 b

1    (3) Require that all drivers and other personnel used in
2relocation be employees of a licensed relocator;
3    (4) Regulate equipment leasing to and by relocators;
4    (5) Adopt reasonable and proper rules covering the
5exercise of powers conferred upon it by this Chapter, and
6reasonable rules governing investigations, hearings and
7proceedings under this Chapter;
8    (6) Set reasonable rates for the commercial towing or
9removal of trespassing vehicles from private property. The
10rates shall not exceed the mean average of the 5 highest rates
11for police tows within the territory to which this Chapter
12applies that are performed under Sections 4-201 and 4-214 of
13this Code and that are of record at hearing; provided that the
14Commission shall not re-calculate the maximum specified herein
15if the order containing the previous calculation was entered
16within one calendar year of the date on which the new order is
17entered. Set reasonable rates for the storage, for periods in
18excess of 24 hours, of the vehicles in connection with the
19towing or removal; however, no relocator shall impose charges
20for storage for the first 24 hours after towing or removal. Set
21reasonable rates for other services provided by relocators,
22provided that the rates shall not be charged to the owner or
23operator of a relocated vehicle. Any fee charged by a
24relocator for the use of a credit card that is used to pay for
25any service rendered by the relocator shall be included in the
26total amount that shall not exceed the maximum reasonable rate

 

 

SB2037- 1675 -LRB102 17120 WGH 22551 b

1established by the Commission. The Commission shall require a
2relocator to refund any amount charged in excess of the
3reasonable rate established by the Commission, including any
4fee for the use of a credit card;
5    (7) Investigate and maintain current files of the criminal
6records, if any, of all relocators and their employees and of
7all applicants for relocator's license, operator's licenses
8and dispatcher's licenses. If the Commission determines that
9an applicant for a license issued under this Chapter will be
10subjected to a criminal history records check, the applicant
11shall submit his or her fingerprints to the Illinois
12Department of State Police in the form and manner prescribed
13by the Illinois Department of State Police. These fingerprints
14shall be checked against the Illinois Department of State
15Police and Federal Bureau of Investigation criminal history
16record information databases now and hereafter filed. The
17Illinois Department of State Police shall charge the applicant
18a fee for conducting the criminal history records check, which
19shall be deposited in the State Police Services Fund and shall
20not exceed the actual cost of the records check. The Illinois
21Department of State Police shall furnish pursuant to positive
22identification, records of conviction to the Commission;
23    (8) Issue relocator's licenses, dispatcher's employment
24permits, and operator's employment permits in accordance with
25Article IV of this Chapter;
26    (9) Establish fitness standards for applicants seeking

 

 

SB2037- 1676 -LRB102 17120 WGH 22551 b

1relocator licensees and holders of relocator licenses;
2    (10) Upon verified complaint in writing by any person,
3organization or body politic, or upon its own initiative may,
4investigate whether any commercial vehicle relocator,
5operator, dispatcher, or person otherwise required to comply
6with any provision of this Chapter or any rule promulgated
7hereunder, has failed to comply with any provision or rule;
8    (11) Whenever the Commission receives notice from the
9Secretary of State that any domestic or foreign corporation
10regulated under this Chapter has not paid a franchise tax,
11license fee or penalty required under the Business Corporation
12Act of 1983, institute proceedings for the revocation of the
13license or right to engage in any business required under this
14Chapter or the suspension thereof until such time as the
15delinquent franchise tax, license fee or penalty is paid.
16(Source: P.A. 93-418, eff. 1-1-04.)
 
17    (625 ILCS 5/18b-112)
18    Sec. 18b-112. Intermodal trailer, chassis, and safety.
19    (a) Definitions. For purposes of this Section:
20    "Department" means the Department of State Police.
21    "Equipment interchange agreement" means a written document
22executed by the intermodal equipment provider and operator at
23the time the equipment is interchanged by the provider to the
24operator.
25    "Equipment provider" is the owner of an intermodal

 

 

SB2037- 1677 -LRB102 17120 WGH 22551 b

1trailer, chassis, or container. This includes any forwarding
2company, water carrier, steamship line, railroad, vehicle
3equipment leasing company, and their subsidiary or affiliated
4companies owning the equipment.
5    "Federal motor carrier safety regulations" means
6regulations promulgated by the United States Department of
7Transportation governing the condition and maintenance of
8commercial motor vehicles contained in Title 49 of the United
9States Code of Federal Regulations on the day of enactment of
10this Act or as amended or revised by the United States
11Department of Transportation thereafter.
12    "Interchange" means the act of providing a vehicle to a
13motor carrier by an equipment provider for the purpose of
14transporting the vehicle for loading or unloading by another
15party or the repositioning of the vehicle for the benefit of
16the equipment provider. "Interchange" does not include the
17leasing of the vehicle by a motor carrier from an
18owner-operator pursuant to subpart B of Part 376 of Title 49 of
19the Code of Federal Regulations or the leasing of a vehicle to
20a motor carrier for use in the motor carrier's over-the-road
21freight hauling operations.
22    "Operator" means a motor carrier or driver of a commercial
23motor vehicle.
24    "Vehicle" means an intermodal trailer, chassis, or
25container.
26    (b) Responsibility of equipment provider. An equipment

 

 

SB2037- 1678 -LRB102 17120 WGH 22551 b

1provider shall not interchange or offer for interchange a
2vehicle with an operator for use on a highway which vehicle is
3in violation of the requirements contained in the federal
4motor carrier safety regulations. It is the responsibility of
5the equipment provider to inspect and, if a vehicle at the time
6of inspection does not comply with all federal motor carrier
7safety regulation requirements, perform the necessary repairs
8on, all vehicles prior to interchange or offering for
9interchange.
10    (c) Duty of inspection by the operator. Before
11interchanging a vehicle with an operator, an equipment
12provider must provide the operator the opportunity and
13facilities to perform a visual inspection of the equipment.
14The operator must determine if it complies with the provisions
15of the federal motor carrier safety regulation capable of
16being determined from an inspection. If the operator
17determines that the vehicle does not comply with the
18provisions of the federal motor carrier safety regulations,
19the equipment provider shall immediately perform the necessary
20repairs to the vehicle so that it complies with the federal
21motor carrier safety regulations or shall immediately provide
22the operator with another vehicle.
23    (d) Presumption of defect prior to interchange.
24        (1) If as a result of a roadside inspection by the
25    Illinois State Police Department, any of the defects
26    listed in paragraph (2) are discovered, a rebuttable

 

 

SB2037- 1679 -LRB102 17120 WGH 22551 b

1    presumption existed at the time of the interchange. If a
2    summons or complaint is issued to the operator, the
3    operator may seek relief pursuant to paragraph (3).
4        (2) A rebuttable presumption exists that the following
5    defects were present at the time of the interchange:
6            (A) There is a defect with the brake drum when:
7                (I) the drum cracks;
8                (II) the lining is loose or missing; or
9                (III) the lining is saturated with oil.
10            (B) There is a defect of inoperative brakes when:
11                (I) there is no movement of any components;
12                (II) there are missing, broken, or loose
13            components; or
14                (III) there are mismatched components.
15            (C) There is a defect with the air lines and tubing
16        when:
17                (I) there is a bulge and swelling;
18                (II) there is an audible air leak; or
19                (III) there are air lines broken, cracked, or
20            crimped.
21            (D) There is a defect with the reservoir tank when
22        there is any separation of original attachment points.
23            (E) There is a defect with the frames when:
24                (I) there is any cracked, loose, sagging, or
25            broken frame members which measure one and
26            one-half inch in web or one inch or longer in

 

 

SB2037- 1680 -LRB102 17120 WGH 22551 b

1            bottom flange or any crack extending from web
2            radius into bottom flange; or
3                (II) there is any condition which causes
4            moving parts to come in contact with the frame.
5            (F) There is an electrical defect when wires are
6        chaffed.
7            (G) There is a defect with the wheel assembly
8        when:
9                (I) there is low or no oil;
10                (II) there is oil leakage on brake components;
11                (III) there are lug nuts that are loose or
12            missing; or
13                (IV) the wheel bearings are not properly
14            maintained.
15            (H) There is a defect with the tires when:
16                (I) there is improper inflation;
17                (II) there is tire separation from the casing;
18            or
19                (III) there are exposed plys or belting
20            material.
21            (I) There is defect with rim cracks when:
22                (I) there is any circumferential crack, except
23            a manufactured crack; or
24                (II) there is a lock or side ring cracked,
25            bent, broken, sprung, improperly seated, or
26            mismatched.

 

 

SB2037- 1681 -LRB102 17120 WGH 22551 b

1            (J) There is a defect with the suspension when:
2                (I) there are spring assembly leaves broken,
3            missing, or separated; or
4                (II) there are spring hanger, u-bolts, or axle
5            positioning components cracked, broken loose, or
6            missing.
7            (K) There is a defect with the chassis locking
8        pins when there is any twist lock or fitting for
9        securement that is sprung, broken, or improperly
10        latched.
11        (3) If an operator receives a citation for a violation
12    due to a defect in any equipment specified in subsection
13    (d)(2), the equipment provider shall reimburse the
14    operator for any:
15            (A) fines and costs, including court costs and
16        reasonable attorneys fees, incurred as a result of the
17        citation; and
18            (B) costs incurred by the operator to repair the
19        defects specified in the citation, including any
20        towing costs incurred.
21        The equipment provider shall reimburse the operator
22    within 30 days of the final court action. If the equipment
23    provider fails to reimburse the operator within 30 days,
24    the operator has a civil cause of action against the
25    equipment provider.
26    (e) Fines and penalties. Any person violating the

 

 

SB2037- 1682 -LRB102 17120 WGH 22551 b

1provisions of this Section shall be fined no less than $50 and
2no more than $500 for each violation.
3    (f) Obligation of motor carrier. Nothing in this Section
4is intended to eliminate the responsibility and obligation of
5a motor carrier and operator to maintain and operate vehicles
6in accordance with the federal motor carrier safety
7regulations and applicable State and local laws and
8regulations.
9    (g) This Section shall not be applied, construed, or
10implemented in any manner inconsistent with, or in conflict
11with, any provision of the federal motor carrier safety
12regulations.
13(Source: P.A. 91-662, eff. 7-1-00.)
 
14    (625 ILCS 5/18c-1702)  (from Ch. 95 1/2, par. 18c-1702)
15    Sec. 18c-1702. Responsibility for Enforcement. It shall be
16the duty of the Commission and of the Illinois State Police and
17the Secretary of State to conduct investigations, make
18arrests, and take any other action necessary for the
19enforcement of this Chapter.
20(Source: P.A. 84-796.)
 
21    (625 ILCS 5/18c-4601)  (from Ch. 95 1/2, par. 18c-4601)
22    Sec. 18c-4601. Cab Card and Identifier to be Carried and
23Displayed in Each Vehicle.
24    (1) General Provisions.

 

 

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1    (a) Carrying Requirement. Each motor vehicle used in
2for-hire transportation upon the public roads of this State
3shall carry a current cab card together with an identifier
4issued by or under authority of the Commission. If the carrier
5is an intrastate motor carrier of property, the prescribed
6intrastate cab card and identifier shall be required; if the
7carrier is an interstate motor carrier of property, the
8prescribed interstate cab card and identifier shall be
9required.
10    (b) Execution and Presentation Requirement. Such cab card
11shall be properly executed by the carrier. The cab card, with
12an identifier affixed or printed thereon, shall be carried in
13the vehicle for which it was executed. The cab card and
14identifier shall be presented upon request to any authorized
15employee of the Commission or the Illinois State Police or
16Secretary of State.
17    (c) Deadlines for Execution, Carrying, and Presentation.
18Cab cards and identifiers shall be executed, carried, and
19presented no earlier than December 1 of the calendar year
20preceding the calendar year for which fees are owing, and no
21later than February 1 of the calendar year for which fees are
22owing, unless otherwise provided in Commission regulations and
23orders.
24    (2) Interstate Compensated Intercorporate Hauling and
25Single-Source Leasing. The provisions of subsection (1) of
26this Section apply to motor vehicles used in interstate

 

 

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1compensated intercorporate hauling or which are leased, with
2drivers, to private carriers for use in interstate commerce,
3as well as to other motor vehicles used in for-hire
4transportation upon the public roads of this State. However,
5the Commission may:
6    (a) Exempt such carriers from the requirements of this
7Article;
8    (b) Subject any exemption to such reasonable terms and
9conditions as the Commission deems necessary to effectuate the
10purposes of this Chapter; and
11    (c) Revoke any exemption granted hereunder if it deems
12revocation necessary to effectuate the purposes of this
13Chapter.
14(Source: P.A. 85-553.)
 
15    Section 940. The Automated Traffic Control Systems in
16Highway Construction or Maintenance Zones Act is amended by
17changing Sections 10 and 25 as follows:
 
18    (625 ILCS 7/10)
19    Sec. 10. Establishment of automated control systems. The
20Illinois Department of State Police may establish an automated
21traffic control system in any construction or maintenance zone
22established by the Department of Transportation or the
23Illinois State Toll Highway Authority. An automated traffic
24control system may operate only during those periods when

 

 

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1workers are present in the construction or maintenance zone.
2In any prosecution based upon evidence obtained through an
3automated traffic control system established under this Act,
4the State must prove that one or more workers were present in
5the construction or maintenance zone when the violation
6occurred.
7(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06;
894-814, eff. 1-1-07.)
 
9    (625 ILCS 7/25)
10    Sec. 25. Limitations on the use of automated traffic
11enforcement systems.
12    (a) The Illinois Department of State Police must conduct a
13public information campaign to inform drivers about the use of
14automated traffic control systems in highway construction or
15maintenance zones before establishing any of those systems.
16The Illinois Department of State Police shall adopt rules for
17implementing this subsection (a).
18    (b) Signs indicating that speeds are enforced by automated
19traffic control systems must be clearly posted in the areas
20where the systems are in use.
21    (c) Operation of automated traffic control systems is
22limited to areas where road construction or maintenance is
23occurring.
24    (d) Photographs obtained in this manner may only be used
25as evidence in relation to a violation of Section 11-605.1 of

 

 

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1the Illinois Vehicle Code for which the photograph is taken.
2The photographs are available only to the owner of the
3vehicle, the offender and the offender's attorney, the
4judiciary, the local State's Attorney, and law enforcement
5officials.
6    (e) If the driver of the vehicle cannot be identified
7through the photograph, the owner is not liable for the fine,
8and the citation may not be counted against the driving record
9of the owner. If the driver can be identified, the driver is
10liable for the fine, and the violation is counted against his
11or her driving record.
12(Source: P.A. 93-947, eff. 8-19-04.)
 
13    Section 945. The Child Passenger Protection Act is amended
14by changing Section 7 as follows:
 
15    (625 ILCS 25/7)  (from Ch. 95 1/2, par. 1107)
16    Sec. 7. Arrests - Prosecutions. The Illinois State Police
17shall patrol the public highways and make arrests for a
18violation of this Act. Police officers shall make arrests for
19violations of this Act occurring upon the highway within the
20limits of a county, city, village, or unincorporated town or
21park district.
22    The State's Attorney of the county in which the violation
23of this Act occurs shall prosecute all violations except when
24the violation occurs within the corporate limits of a

 

 

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1municipality, the municipal attorney may prosecute if written
2permission to do so is obtained from the State's Attorney.
3    The provisions of this Act shall not apply to a child
4passenger with a physical disability of such a nature as to
5prevent appropriate restraint in a seat, provided that the
6disability is duly certified by a physician who shall state
7the nature of the disability, as well as the reason the
8restraint is inappropriate. No physician shall be liable, and
9no cause of action may be brought for personal injuries
10resulting from the exercise of good faith judgment in making
11certifications under this provision.
12(Source: P.A. 88-685, eff. 1-24-95.)
 
13    Section 950. The Boat Registration and Safety Act is
14amended by changing Sections 3A-6, 3C-2, 3C-5, 3C-9, 5-16b,
155-16c, 5-22, and 6-1 as follows:
 
16    (625 ILCS 45/3A-6)  (from Ch. 95 1/2, par. 313A-6)
17    Sec. 3A-6. Stolen and recovered watercraft.
18    (a) Every sheriff, superintendent of police, chief of
19police or other police officer in command of any police
20department in any city, village or town of the State shall, by
21the fastest means of communications available to his or her
22law enforcement agency, immediately report to the Illinois
23Department of State Police the theft or recovery of any stolen
24or converted watercraft within his or her district or

 

 

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1jurisdiction. The report shall give the date of theft,
2description of the watercraft including color, manufacturer's
3trade name, manufacturer's series name, identification number
4and registration number, including the state in which the
5registration number was issued, together with the name,
6residence address, business address, and telephone number of
7the owner. The report shall be routed by the originating law
8enforcement agency through the Illinois State Police in a form
9and manner prescribed by the Illinois Department of State
10Police.
11    (b) A registered owner or a lienholder may report the
12theft by conversion of a watercraft to the Illinois Department
13of State Police or any other police department or sheriff's
14office. The report will be accepted as a report of theft and
15processed only if a formal complaint is on file and a warrant
16issued.
17    (c) The Illinois Department of State Police shall keep a
18complete record of all reports filed under this Section. Upon
19receipt of the report, a careful search shall be made of the
20records of the Illinois Department of State Police, and where
21it is found that a watercraft reported recovered was stolen in
22a county, city, village or town other than the county, city,
23village or town in which it is recovered, the recovering
24agency shall notify the reporting agency of the recovery in a
25form and manner prescribed by the Illinois Department of State
26Police.

 

 

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1    (d) Notification of the theft of a watercraft will be
2furnished to the Department of Natural Resources by the
3Illinois Department of State Police. The Department of Natural
4Resources shall place the proper information in the title
5registration files and in the certificate of number files to
6indicate the theft of a watercraft. Notification of the
7recovery of a watercraft previously reported as a theft or a
8conversion will be furnished to the Department of Natural
9Resources by the Illinois Department of State Police. The
10Department of Natural Resources shall remove the proper
11information from the certificate of number and title
12registration files that has previously indicated the theft of
13a watercraft. The Department of Natural Resources shall
14suspend the certificate of number of a watercraft upon receipt
15of a report that the watercraft was stolen.
16    (e) When the Department of Natural Resources receives an
17application for a certificate of title or an application for a
18certificate of number of a watercraft and it is determined
19from the records that the watercraft has been reported stolen,
20the Department of Natural Resources, Division of Law
21Enforcement, shall immediately notify the Illinois State
22Police and shall give the Illinois State Police the name and
23address of the person or firm titling or registering the
24watercraft, together with all other information contained in
25the application submitted by the person or firm.
26(Source: P.A. 89-445, eff. 2-7-96.)
 

 

 

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1    (625 ILCS 45/3C-2)  (from Ch. 95 1/2, par. 313C-2)
2    Sec. 3C-2. Notification to law enforcement agencies. When
3an abandoned, lost, stolen or unclaimed watercraft comes into
4the temporary possession or custody of a person in this State,
5not the owner of the watercraft, such person shall immediately
6notify the municipal police when the watercraft is within the
7corporate limits of any city, village or town having a duly
8authorized police department, or the Illinois State Police,
9Conservation Police or the county sheriff when the watercraft
10is outside the corporate limits of a city, village or town.
11Upon receipt of such notification, the municipal police, State
12Police, Conservation Police, or county sheriff will authorize
13a towing service to remove and take possession of the
14abandoned, lost, stolen or unclaimed watercraft. The towing
15service will safely keep the towed watercraft and its
16contents, and maintain a record of the tow as set forth in
17Section 3C-4 for law enforcement agencies, until the
18watercraft is claimed by the owner or any other person legally
19entitled to possession thereof or until it is disposed of as
20provided in this Article.
21(Source: P.A. 84-646.)
 
22    (625 ILCS 45/3C-5)  (from Ch. 95 1/2, par. 313C-5)
23    Sec. 3C-5. Record searches. When a law enforcement agency
24authorizing the impounding of a watercraft does not know the

 

 

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1identity of the registered owner, lienholder or other legally
2entitled person, that law enforcement agency will cause the
3watercraft registration records of the State of Illinois to be
4searched by the Department of Natural Resources for the
5purpose of obtaining the required ownership information. The
6law enforcement agency authorizing the impounding of a
7watercraft will cause the stolen watercraft files of the
8Illinois State Police to be searched by a directed
9communication to the Illinois State Police for stolen or
10wanted information on the watercraft. When the Illinois State
11Police files are searched with negative results, the
12information contained in the National Crime Information Center
13(NCIC) files will be searched by the Illinois State Police.
14The information determined from these record searches will be
15returned to the requesting law enforcement agency for that
16agency's use in sending a notification by certified mail to
17the registered owner, lienholder and other legally entitled
18persons advising where the watercraft is held, requesting that
19a disposition be made and setting forth public sale
20information. Notification shall be sent no later than 10 days
21after the date the law enforcement agency impounds or
22authorizes the impounding of a watercraft, provided that if
23the law enforcement agency is unable to determine the identity
24of the registered owner, lienholder or other person legally
25entitled to ownership of the impounded watercraft within a 10
26day period after impoundment, then notification shall be sent

 

 

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1no later than 2 days after the date the identity of the
2registered owner, lienholder or other person legally entitled
3to ownership of the impounded watercraft is determined.
4Exceptions to a notification by certified mail to the
5registered owner, lienholder and other legally entitled
6persons are set forth in Section 3C-9.
7(Source: P.A. 89-445, eff. 2-7-96.)
 
8    (625 ILCS 45/3C-9)  (from Ch. 95 1/2, par. 313C-9)
9    Sec. 3C-9. Disposal of unclaimed watercraft without
10notice.
11    (a) When the identity of the registered owner, lienholder
12and other person legally entitled to the possession of an
13abandoned, lost or unclaimed watercraft of 7 years of age or
14newer cannot be determined by any means provided for in this
15Article, the watercraft may be sold as provided in Section
163C-8 without notice to any person whose identity cannot be
17determined.
18    (b) When an abandoned watercraft of more than 7 years of
19age is impounded as specified by this Article, it will be kept
20in custody for a minimum of 10 days for the purpose of
21determining the identity of the registered owner and
22lienholder, contacting the registered owner and lienholder for
23a determination of disposition, and an examination of the
24Illinois State Police stolen watercraft files for the theft
25and wanted information. At the expiration of the 10 day

 

 

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1period, if disposition information has not been received from
2the registered owner or the lienholder, the law enforcement
3agency having jurisdiction will authorize the disposal of the
4watercraft as junk.
5    However, if, in the opinion of the police officer
6processing the watercraft, it has a value of $200 or more and
7can be restored to safe operating condition, the law
8enforcement agency may authorize its purchase for salvage and
9the Department of Natural Resources may issue a certificate of
10title. A watercraft classified as a historical watercraft may
11be sold to a person desiring to restore it.
12(Source: P.A. 89-445, eff. 2-7-96.)
 
13    (625 ILCS 45/5-16b)  (from Ch. 95 1/2, par. 315-11b)
14    Sec. 5-16b. Preliminary breath screening test. If a law
15enforcement officer has reasonable suspicion to believe that a
16person is violating or has violated Section 5-16 or a similar
17provision of a local ordinance, the officer, prior to an
18arrest, may request the person to provide a sample of his or
19her breath for a preliminary breath screening test using a
20portable device approved by the Illinois Department of State
21Police. The results of this preliminary breath screening test
22may be used by the law enforcement officer for the purpose of
23assisting with the determination of whether to require a
24chemical test as authorized under Section 5-16 and the
25appropriate type of test to request. Any chemical test

 

 

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1authorized under Section 5-16 may be requested by the officer
2regardless of the result of the preliminary breath screening
3test if probable cause for an arrest exists. The result of a
4preliminary breath screening test may be used by the defendant
5as evidence in any administrative or court proceeding
6involving a violation of Section 5-16.
7(Source: P.A. 90-215, eff. 1-1-98; 91-828, eff. 1-1-01.)
 
8    (625 ILCS 45/5-16c)
9    Sec. 5-16c. Operator involvement in personal injury or
10fatal boating accident; chemical tests.
11    (a) Any person who operates or is in actual physical
12control of a motorboat within this State and who has been
13involved in a personal injury or fatal boating accident shall
14be deemed to have given consent to a breath test using a
15portable device as approved by the Illinois Department of
16State Police or to a chemical test or tests of blood, breath,
17other bodily substance, or urine for the purpose of
18determining the content of alcohol, other drug or drugs, or
19intoxicating compound or compounds of the person's blood if
20arrested as evidenced by the issuance of a uniform citation
21for a violation of the Boat Registration and Safety Act or a
22similar provision of a local ordinance, with the exception of
23equipment violations contained in Article IV of this Act or
24similar provisions of local ordinances. The test or tests
25shall be administered at the direction of the arresting

 

 

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1officer. The law enforcement agency employing the officer
2shall designate which of the aforesaid tests shall be
3administered. Up to 2 additional tests of urine or other
4bodily substance may be administered even after a blood or
5breath test or both has been administered. Compliance with
6this Section does not relieve the person from the requirements
7of any other Section of this Act.
8    (b) Any person who is dead, unconscious, or who is
9otherwise in a condition rendering that person incapable of
10refusal shall be deemed not to have withdrawn the consent
11provided by subsection (a) of this Section. In addition, if an
12operator of a motorboat is receiving medical treatment as a
13result of a boating accident, any physician licensed to
14practice medicine, licensed physician assistant, licensed
15advanced practice registered nurse, registered nurse, or a
16phlebotomist acting under the direction of a licensed
17physician shall withdraw blood for testing purposes to
18ascertain the presence of alcohol, other drug or drugs, or
19intoxicating compound or compounds, upon the specific request
20of a law enforcement officer. However, this testing shall not
21be performed until, in the opinion of the medical personnel on
22scene, the withdrawal can be made without interfering with or
23endangering the well-being of the patient.
24    (c) A person who is a CDL holder requested to submit to a
25test under subsection (a) of this Section shall be warned by
26the law enforcement officer requesting the test that a refusal

 

 

SB2037- 1696 -LRB102 17120 WGH 22551 b

1to submit to the test, or submission to the test resulting in
2an alcohol concentration of 0.08 or more, or any amount of a
3drug, substance, or intoxicating compound resulting from the
4unlawful use or consumption of cannabis listed in the Cannabis
5Control Act, a controlled substance listed in the Illinois
6Controlled Substances Act, an intoxicating compound listed in
7the Use of Intoxicating Compounds Act, or methamphetamine as
8listed in the Methamphetamine Control and Community Protection
9Act as detected in the person's blood, other bodily substance,
10or urine, may result in the suspension of the person's
11privilege to operate a motor vehicle and may result in the
12disqualification of the person's privilege to operate a
13commercial motor vehicle, as provided in Section 6-514 of the
14Illinois Vehicle Code. A person who is not a CDL holder
15requested to submit to a test under subsection (a) of this
16Section shall be warned by the law enforcement officer
17requesting the test that a refusal to submit to the test, or
18submission to the test resulting in an alcohol concentration
19of 0.08 or more, a tetrahydrocannabinol concentration in the
20person's whole blood or other bodily substance as defined in
21paragraph 6 of subsection (a) of Section 11-501.2 of the
22Illinois Vehicle Code, or any amount of a drug, substance, or
23intoxicating compound resulting from the unlawful use or
24consumption of a controlled substance listed in the Illinois
25Controlled Substances Act, an intoxicating compound listed in
26the Use of Intoxicating Compounds Act, or methamphetamine as

 

 

SB2037- 1697 -LRB102 17120 WGH 22551 b

1listed in the Methamphetamine Control and Community Protection
2Act as detected in the person's blood, other bodily substance,
3or urine, may result in the suspension of the person's
4privilege to operate a motor vehicle. The length of the
5suspension shall be the same as outlined in Section 6-208.1 of
6the Illinois Vehicle Code regarding statutory summary
7suspensions.
8    (d) If the person is a CDL holder and refuses testing or
9submits to a test which discloses an alcohol concentration of
100.08 or more, or any amount of a drug, substance, or
11intoxicating compound in the person's blood, other bodily
12substance, or urine resulting from the unlawful use or
13consumption of cannabis listed in the Cannabis Control Act, a
14controlled substance listed in the Illinois Controlled
15Substances Act, an intoxicating compound listed in the Use of
16Intoxicating Compounds Act, or methamphetamine as listed in
17the Methamphetamine Control and Community Protection Act, the
18law enforcement officer shall immediately submit a sworn
19report to the Secretary of State on a form prescribed by the
20Secretary of State, certifying that the test or tests were
21requested under subsection (a) of this Section and the person
22refused to submit to a test or tests or submitted to testing
23which disclosed an alcohol concentration of 0.08 or more, or
24any amount of a drug, substance, or intoxicating compound in
25the person's blood, other bodily substance, or urine,
26resulting from the unlawful use or consumption of cannabis

 

 

SB2037- 1698 -LRB102 17120 WGH 22551 b

1listed in the Cannabis Control Act, a controlled substance
2listed in the Illinois Controlled Substances Act, an
3intoxicating compound listed in the Use of Intoxicating
4Compounds Act, or methamphetamine as listed in the
5Methamphetamine Control and Community Protection Act. If the
6person is not a CDL holder and refuses testing or submits to a
7test which discloses an alcohol concentration of 0.08 or more,
8a tetrahydrocannabinol concentration in the person's whole
9blood or other bodily substance as defined in paragraph 6 of
10subsection (a) of Section 11-501.2 of the Illinois Vehicle
11Code, or any amount of a drug, substance, or intoxicating
12compound in the person's blood, other bodily substance, or
13urine resulting from the unlawful use or consumption of a
14controlled substance listed in the Illinois Controlled
15Substances Act, an intoxicating compound listed in the Use of
16Intoxicating Compounds Act, or methamphetamine as listed in
17the Methamphetamine Control and Community Protection Act, the
18law enforcement officer shall immediately submit a sworn
19report to the Secretary of State on a form prescribed by the
20Secretary of State, certifying that the test or tests were
21requested under subsection (a) of this Section and the person
22refused to submit to a test or tests or submitted to testing
23which disclosed an alcohol concentration of 0.08 or more, a
24tetrahydrocannabinol concentration in the person's whole blood
25or other bodily substance as defined in paragraph 6 of
26subsection (a) of Section 11-501.2 of the Illinois Vehicle

 

 

SB2037- 1699 -LRB102 17120 WGH 22551 b

1Code, or any amount of a drug, substance, or intoxicating
2compound in the person's blood or urine, resulting from the
3unlawful use or consumption of a controlled substance listed
4in the Illinois Controlled Substances Act, an intoxicating
5compound listed in the Use of Intoxicating Compounds Act, or
6methamphetamine as listed in the Methamphetamine Control and
7Community Protection Act.
8    Upon receipt of the sworn report of a law enforcement
9officer, the Secretary of State shall enter the suspension and
10disqualification to the person's driving record and the
11suspension and disqualification shall be effective on the 46th
12day following the date notice of the suspension was given to
13the person.
14    The law enforcement officer submitting the sworn report
15shall serve immediate notice of this suspension on the person
16and this suspension and disqualification shall be effective on
17the 46th day following the date notice was given.
18    In cases involving a person who is a CDL holder where the
19blood alcohol concentration of 0.08 or more, or any amount of a
20drug, substance, or intoxicating compound resulting from the
21unlawful use or consumption of cannabis listed in the Cannabis
22Control Act, a controlled substance listed in the Illinois
23Controlled Substances Act, an intoxicating compound listed in
24the Use of Intoxicating Compounds Act, or methamphetamine as
25listed in the Methamphetamine Control and Community Protection
26Act, is established by a subsequent analysis of blood, other

 

 

SB2037- 1700 -LRB102 17120 WGH 22551 b

1bodily substance, or urine collected at the time of arrest,
2the arresting officer shall give notice as provided in this
3Section or by deposit in the United States mail of this notice
4in an envelope with postage prepaid and addressed to the
5person at his or her address as shown on the uniform citation
6and the suspension and disqualification shall be effective on
7the 46th day following the date notice was given. In cases
8involving a person who is not a CDL holder where the blood
9alcohol concentration of 0.08 or more, a tetrahydrocannabinol
10concentration in the person's whole blood or other bodily
11substance as defined in paragraph 6 of subsection (a) of
12Section 11-501.2 of the Illinois Vehicle Code, or any amount
13of a drug, substance, or intoxicating compound resulting from
14the unlawful use or consumption of a controlled substance
15listed in the Illinois Controlled Substances Act, an
16intoxicating compound listed in the Use of Intoxicating
17Compounds Act, or methamphetamine as listed in the
18Methamphetamine Control and Community Protection Act, is
19established by a subsequent analysis of blood, other bodily
20substance, or urine collected at the time of arrest, the
21arresting officer shall give notice as provided in this
22Section or by deposit in the United States mail of this notice
23in an envelope with postage prepaid and addressed to the
24person at his or her address as shown on the uniform citation
25and the suspension shall be effective on the 46th day
26following the date notice was given.

 

 

SB2037- 1701 -LRB102 17120 WGH 22551 b

1    Upon receipt of the sworn report of a law enforcement
2officer, the Secretary of State shall also give notice of the
3suspension and disqualification to the person by mailing a
4notice of the effective date of the suspension and
5disqualification to the person. However, should the sworn
6report be defective by not containing sufficient information
7or be completed in error, the notice of the suspension and
8disqualification shall not be mailed to the person or entered
9to the driving record, but rather the sworn report shall be
10returned to the issuing law enforcement agency.
11    (e) A person may contest this suspension of his or her
12driving privileges and disqualification of his or her CDL
13privileges by requesting an administrative hearing with the
14Secretary of State in accordance with Section 2-118 of the
15Illinois Vehicle Code. At the conclusion of a hearing held
16under Section 2-118 of the Illinois Vehicle Code, the
17Secretary of State may rescind, continue, or modify the orders
18of suspension and disqualification. If the Secretary of State
19does not rescind the orders of suspension and
20disqualification, a restricted driving permit may be granted
21by the Secretary of State upon application being made and good
22cause shown. A restricted driving permit may be granted to
23relieve undue hardship to allow driving for employment,
24educational, and medical purposes as outlined in Section 6-206
25of the Illinois Vehicle Code. The provisions of Section 6-206
26of the Illinois Vehicle Code shall apply. In accordance with

 

 

SB2037- 1702 -LRB102 17120 WGH 22551 b

149 C.F.R. 384, the Secretary of State may not issue a
2restricted driving permit for the operation of a commercial
3motor vehicle to a person holding a CDL whose driving
4privileges have been suspended, revoked, cancelled, or
5disqualified.
6    (f) For the purposes of this Section, a personal injury
7shall include any type A injury as indicated on the accident
8report completed by a law enforcement officer that requires
9immediate professional attention in a doctor's office or a
10medical facility. A type A injury shall include severely
11bleeding wounds, distorted extremities, and injuries that
12require the injured party to be carried from the scene.
13(Source: P.A. 99-697, eff. 7-29-16; 100-513, eff. 1-1-18.)
 
14    (625 ILCS 45/5-22)
15    Sec. 5-22. Operation of watercraft upon the approach of an
16authorized emergency watercraft.
17    (a) As used in this Section, "authorized emergency
18watercraft" includes any watercraft operated by the Illinois
19Department of Natural Resources Police, the Illinois
20Department of State Police, a county sheriff, a local law
21enforcement agency, a fire department, a provider of emergency
22medical services, or the United States Coast Guard, equipped
23with alternately flashing red, blue, red and white, red and
24blue, or red in combination with white or blue lights, while
25engaged in official duties. Any authorized emergency

 

 

SB2037- 1703 -LRB102 17120 WGH 22551 b

1watercraft must be clearly emblazoned with markings
2identifying it as a watercraft operated by the qualifying
3agency.
4    (b) Upon the immediate approach of an authorized emergency
5watercraft making use of rotating or flashing visual signals
6and lawfully making use of a visual signal, the operator of
7every other watercraft shall yield the right-of-way and shall
8immediately reduce the speed of the watercraft, so as not to
9create a wake, and shall yield way to the emergency
10watercraft, moving to the right to permit the safe passage of
11the emergency watercraft, and shall stop and remain in that
12position until the authorized emergency watercraft has passed,
13unless otherwise directed by a police officer.
14    (c) Upon approaching a stationary authorized emergency
15watercraft, when the authorized emergency watercraft is giving
16a signal by displaying rotating or alternately flashing red,
17blue, red and white, red and blue, or red in combination with
18white or blue lights, a person operating an approaching
19watercraft shall proceed with due caution at no-wake speed and
20yield the right-of-way by moving safely away from that
21authorized emergency watercraft, proceeding with due caution
22at a no-wake speed with due regard to safety and water
23conditions, maintaining no-wake speed until sufficiently away
24from the emergency watercraft so as not to create a wake that
25would otherwise rock or otherwise disturb the authorized
26emergency watercraft.

 

 

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1    (d) This Section shall not operate to relieve the operator
2of an authorized emergency watercraft from the duty to operate
3that watercraft with due regard for the safety of all persons
4using the waterway.
5    (e) A person who violates this Section commits a business
6offense punishable by a fine of not less than $100 or more than
7$10,000. It is a factor in aggravation if the person committed
8the offense while in violation of Section 5-16 of this Act.
9    (f) If a violation of this Section results in damage to the
10property of another person, in addition to any other penalty
11imposed, the person's watercraft operating privileges shall be
12suspended for a fixed period of not less than 90 days and not
13more than one year.
14    (g) If a violation of this Section results in injury to
15another person, in addition to any other penalty imposed, the
16person's watercraft operating privileges shall be suspended
17for a fixed period of not less than 180 days and not more than
182 years.
19    (h) If a violation of subsection (c) of this Section
20results in great bodily harm or permanent disability or
21disfigurement to, or the death of, another person, in addition
22to any other penalty imposed, the person's watercraft
23operating privileges shall be suspended for 2 years.
24    (i) The Department of Natural Resources shall, upon
25receiving a record of a judgment entered against a person
26under this Section:

 

 

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1        (1) suspend the person's watercraft operating
2    privileges for the mandatory period; or
3        (2) extend the period of an existing suspension by the
4    appropriate mandatory period.
5(Source: P.A. 98-102, eff. 7-22-13.)
 
6    (625 ILCS 45/6-1)  (from Ch. 95 1/2, par. 316-1)
7    Sec. 6-1. Collisions, accidents, and casualties; reports.
8    A. The operator of a vessel involved in a collision,
9accident, or other casualty, so far as he can without serious
10danger to his own vessel, crew, passengers and guests, if any,
11shall render to other persons affected by the collision,
12accident, or other casualty assistance as may be practicable
13and as may be necessary in order to save them from or minimize
14any danger caused by the collision, accident, or other
15casualty, and also shall give his name, address, and
16identification of his vessel to any person injured and to the
17owner of any property damaged in the collision, accident, or
18other casualty.
19    If the collision, accident, or other casualty has resulted
20in the death of or personal injury to any person, failure to
21comply with this subsection A is a Class A misdemeanor.
22    A-1. Any person who has failed to stop or to comply with
23the requirements of subsection A must, as soon as possible but
24in no case later than one hour after the collision, accident,
25or other casualty, or, if hospitalized and incapacitated from

 

 

SB2037- 1706 -LRB102 17120 WGH 22551 b

1reporting at any time during that period, as soon as possible
2but in no case later than one hour after being discharged from
3the hospital, report the date, place, and approximate time of
4the collision, accident, or other casualty, the watercraft
5operator's name and address, the identification number of the
6watercraft, if any, and the names of all other occupants of the
7watercraft, at a police station or sheriff's office near the
8location where the collision, accident, or other casualty
9occurred. A report made as required under this subsection A-1
10may not be used, directly or indirectly, as a basis for the
11prosecution of any violation of subsection A.
12    As used in this Section, personal injury means any injury
13requiring treatment beyond first aid.
14    Any person failing to comply with this subsection A-1 is
15guilty of a Class 4 felony if the collision, accident, or other
16casualty does not result in the death of any person. Any person
17failing to comply with this subsection A-1 when the collision,
18accident, or other casualty results in the death of any person
19is guilty of a Class 2 felony, for which the person, if
20sentenced to a term of imprisonment, shall be sentenced to a
21term of not less than 3 years and not more than 14 years.
22    B. In the case of collision, accident, or other casualty
23involving a vessel, the operator, if the collision, accident,
24or other casualty results in death or injury to a person or
25damage to property in excess of $2000, or there is a complete
26loss of the vessel, shall file with the Department a full

 

 

SB2037- 1707 -LRB102 17120 WGH 22551 b

1description of the collision, accident, or other casualty,
2including information as the Department may by regulation
3require. Reports of the accidents must be filed with the
4Department on a Department Accident Report form within 5 days.
5    C. Reports of accidents resulting in personal injury,
6where a person sustains an injury requiring medical attention
7beyond first aid, must be filed with the Department on a
8Department Accident Report form within 5 days. Accidents that
9result in loss of life shall be reported to the Department on a
10Department form within 48 hours.
11    D. All required accident reports and supplemental reports
12are without prejudice to the individual reporting, and are for
13the confidential use of the Department, except that the
14Department may disclose the identity of a person involved in
15an accident when the identity is not otherwise known or when
16the person denies his presence at the accident. No report to
17the Department may be used as evidence in any trial, civil or
18criminal, arising out of an accident, except that the
19Department must furnish upon demand of any person who has or
20claims to have made a report or upon demand of any court a
21certificate showing that a specified accident report has or
22has not been made to the Department solely to prove a
23compliance or a failure to comply with the requirements that a
24report be made to the Department.
25    E. (1) Every coroner or medical examiner shall on or
26    before the 10th day of each month report in writing to the

 

 

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1    Department the circumstances surrounding the death of any
2    person that has occurred as the result of a boating
3    accident within the examiner's jurisdiction during the
4    preceding calendar month.
5        (2) Within 6 hours after a death resulting from a
6    boating accident, but in any case not more than 12 hours
7    after the occurrence of the boating accident, a blood
8    specimen of at least 10 cc shall be withdrawn from the body
9    of the decedent by the coroner or medical examiner or by a
10    qualified person at the direction of the physician. All
11    morticians shall obtain a release from the coroner or
12    medical examiner prior to proceeding with embalming any
13    body coming under the scope of this Section. The blood so
14    drawn shall be forwarded to a laboratory approved by the
15    Illinois Department of State Police for analysis of the
16    alcoholic content of the blood specimen. The coroner or
17    medical examiner causing the blood to be withdrawn shall
18    be notified of the results of each analysis made and shall
19    forward the results of each analysis to the Department.
20    The Department shall keep a record of all examinations to
21    be used for statistical purposes only. The cumulative
22    results of the examinations, without identifying the
23    individuals involved, shall be disseminated and made
24    public by the Department.
25(Source: P.A. 93-782, eff. 1-1-05; 94-214, eff. 1-1-06.)
 

 

 

SB2037- 1709 -LRB102 17120 WGH 22551 b

1    Section 955. The Public-Private Partnerships for
2Transportation Act is amended by changing Section 70 as
3follows:
 
4    (630 ILCS 5/70)
5    Sec. 70. Additional powers of transportation agencies with
6respect to transportation projects.
7    (a) Each transportation agency may exercise any powers
8provided under this Act in participation or cooperation with
9any governmental entity and enter into any contracts to
10facilitate that participation or cooperation without
11compliance with any other statute. Each transportation agency
12shall cooperate with each other and with other governmental
13entities in carrying out transportation projects under this
14Act.
15    (b) Each transportation agency may make and enter into all
16contracts and agreements necessary or incidental to the
17performance of the transportation agency's duties and the
18execution of the transportation agency's powers under this
19Act. Except as otherwise required by law, these contracts or
20agreements are not subject to any approvals other than the
21approval of the transportation agency and may be for any term
22of years and contain any terms that are considered reasonable
23by the transportation agency.
24    (c) Each transportation agency may pay the costs incurred
25under a public-private agreement entered into under this Act

 

 

SB2037- 1710 -LRB102 17120 WGH 22551 b

1from any funds available to the transportation agency under
2this Act or any other statute.
3    (d) A transportation agency or other State agency may not
4take any action that would impair a public-private agreement
5entered into under this Act.
6    (e) Each transportation agency may enter into an agreement
7between and among the contractor, the transportation agency,
8and the Illinois Department of State Police concerning the
9provision of law enforcement assistance with respect to a
10transportation project that is the subject of a public-private
11agreement under this Act.
12    (f) Each transportation agency is authorized to enter into
13arrangements with the Illinois Department of State Police
14related to costs incurred in providing law enforcement
15assistance under this Act.
16(Source: P.A. 97-502, eff. 8-23-11.)
 
17    Section 965. The Clerks of Courts Act is amended by
18changing Section 27.3b-1 as follows:
 
19    (705 ILCS 105/27.3b-1)
20    Sec. 27.3b-1. Minimum fines; disbursement of fines.
21    (a) Unless otherwise specified by law, the minimum fine
22for a conviction or supervision disposition on a minor traffic
23offense is $25 and the minimum fine for a conviction,
24supervision disposition, or violation based upon a plea of

 

 

SB2037- 1711 -LRB102 17120 WGH 22551 b

1guilty or finding of guilt for any other offense is $75. If the
2court finds that the fine would impose an undue burden on the
3victim, the court may reduce or waive the fine. In this
4subsection (a), "victim" shall not be construed to include the
5defendant.
6    (b) Unless otherwise specified by law, all fines imposed
7on a misdemeanor offense, other than a traffic, conservation,
8or driving under the influence offense, or on a felony offense
9shall be disbursed within 60 days after receipt by the circuit
10clerk to the county treasurer for deposit into the county's
11General Fund. Unless otherwise specified by law, all fines
12imposed on an ordinance offense or a misdemeanor traffic,
13misdemeanor conservation, or misdemeanor driving under the
14influence offense shall be disbursed within 60 days after
15receipt by the circuit clerk to the treasurer of the unit of
16government of the arresting agency. If the arresting agency is
17the office of the sheriff, the county treasurer shall deposit
18the portion into a fund to support the law enforcement
19operations of the office of the sheriff. If the arresting
20agency is a State agency, the State Treasurer shall deposit
21the portion as follows:
22        (1) if the arresting agency is the Illinois Department
23    of State Police, into the State Police Law Enforcement
24    Administration Fund;
25        (2) if the arresting agency is the Department of
26    Natural Resources, into the Conservation Police Operations

 

 

SB2037- 1712 -LRB102 17120 WGH 22551 b

1    Assistance Fund;
2        (3) if the arresting agency is the Secretary of State,
3    into the Secretary of State Police Services Fund; and
4        (4) if the arresting agency is the Illinois Commerce
5    Commission, into the Transportation Regulatory Fund.
6(Source: P.A. 100-987, eff. 7-1-19; 101-636, eff. 6-10-20.)
 
7    Section 970. The Criminal and Traffic Assessment Act is
8amended by changing Sections 10-5 and 15-70 as follows:
 
9    (705 ILCS 135/10-5)
10    (Section scheduled to be repealed on January 1, 2022)
11    Sec. 10-5. Funds.
12    (a) All money collected by the Clerk of the Circuit Court
13under Article 15 of this Act shall be remitted as directed in
14Article 15 of this Act to the county treasurer, to the State
15Treasurer, and to the treasurers of the units of local
16government. If an amount payable to any of the treasurers is
17less than $10, the clerk may postpone remitting the money
18until $10 has accrued or by the end of fiscal year. The
19treasurers shall deposit the money as indicated in the
20schedules, except, in a county with a population of over
213,000,000, money remitted to the county treasurer shall be
22subject to appropriation by the county board. Any amount
23retained by the Clerk of the Circuit Court in a county with a
24population of over 3,000,000 shall be subject to appropriation

 

 

SB2037- 1713 -LRB102 17120 WGH 22551 b

1by the county board.
2    (b) The county treasurer or the treasurer of the unit of
3local government may create the funds indicated in paragraphs
4(1) through (5), (9), and (16) of subsection (d) of this
5Section, if not already in existence. If a county or unit of
6local government has not instituted, and does not plan to
7institute a program that uses a particular fund, the treasurer
8need not create the fund and may instead deposit the money
9intended for the fund into the general fund of the county or
10unit of local government for use in financing the court
11system.
12    (c) If the arresting agency is a State agency, the
13arresting agency portion shall be remitted by the clerk of
14court to the State Treasurer who shall deposit the portion as
15follows:
16        (1) if the arresting agency is the Illinois Department
17    of State Police, into the State Police Law Enforcement
18    Administration Fund;
19        (2) if the arresting agency is the Department of
20    Natural Resources, into the Conservation Police Operations
21    Assistance Fund;
22        (3) if the arresting agency is the Secretary of State,
23    into the Secretary of State Police Services Fund; and
24        (4) if the arresting agency is the Illinois Commerce
25    Commission, into the Transportation Regulatory Fund.
26    (d) Fund descriptions and provisions:

 

 

SB2037- 1714 -LRB102 17120 WGH 22551 b

1        (1) The Court Automation Fund is to defray the
2    expense, borne by the county, of establishing and
3    maintaining automated record keeping systems in the Office
4    of the Clerk of the Circuit Court. The money shall be
5    remitted monthly by the clerk to the county treasurer and
6    identified as funds for the Circuit Court Clerk. The fund
7    shall be audited by the county auditor, and the board
8    shall make expenditures from the fund in payment of any
9    costs related to the automation of court records including
10    hardware, software, research and development costs, and
11    personnel costs related to the foregoing, provided that
12    the expenditure is approved by the clerk of the court and
13    by the chief judge of the circuit court or his or her
14    designee.
15        (2) The Document Storage Fund is to defray the
16    expense, borne by the county, of establishing and
17    maintaining a document storage system and converting the
18    records of the circuit court clerk to electronic or
19    micrographic storage. The money shall be remitted monthly
20    by the clerk to the county treasurer and identified as
21    funds for the circuit court clerk. The fund shall be
22    audited by the county auditor, and the board shall make
23    expenditure from the fund in payment of any cost related
24    to the storage of court records, including hardware,
25    software, research and development costs, and personnel
26    costs related to the foregoing, provided that the

 

 

SB2037- 1715 -LRB102 17120 WGH 22551 b

1    expenditure is approved by the clerk of the court.
2        (3) The Circuit Clerk Operations and Administration
3    Fund may be used to defray the expenses incurred for
4    collection and disbursement of the various assessment
5    schedules. The money shall be remitted monthly by the
6    clerk to the county treasurer and identified as funds for
7    the circuit court clerk.
8        (4) The State's Attorney Records Automation Fund is to
9    defray the expense of establishing and maintaining
10    automated record keeping systems in the offices of the
11    State's Attorney. The money shall be remitted monthly by
12    the clerk to the county treasurer for deposit into the
13    State's Attorney Records Automation Fund. Expenditures
14    from this fund may be made by the State's Attorney for
15    hardware, software, and research and development related
16    to automated record keeping systems.
17        (5) The Public Defender Records Automation Fund is to
18    defray the expense of establishing and maintaining
19    automated record keeping systems in the offices of the
20    Public Defender. The money shall be remitted monthly by
21    the clerk to the county treasurer for deposit into the
22    Public Defender Records Automation Fund. Expenditures from
23    this fund may be made by the Public Defender for hardware,
24    software, and research and development related to
25    automated record keeping systems.
26        (6) The DUI Fund shall be used for enforcement and

 

 

SB2037- 1716 -LRB102 17120 WGH 22551 b

1    prevention of driving while under the influence of
2    alcohol, other drug or drugs, intoxicating compound or
3    compounds or any combination thereof, as defined by
4    Section 11-501 of the Illinois Vehicle Code, including,
5    but not limited to, the purchase of law enforcement
6    equipment and commodities that will assist in the
7    prevention of alcohol-related criminal violence throughout
8    the State; police officer training and education in areas
9    related to alcohol-related crime, including, but not
10    limited to, DUI training; and police officer salaries,
11    including, but not limited to, salaries for hire-back
12    funding for safety checkpoints, saturation patrols, and
13    liquor store sting operations. Any moneys shall be used to
14    purchase law enforcement equipment that will assist in the
15    prevention of alcohol-related criminal violence throughout
16    the State. The money shall be remitted monthly by the
17    clerk to the State or local treasurer for deposit as
18    provided by law.
19        (7) The Trauma Center Fund shall be distributed as
20    provided under Section 3.225 of the Emergency Medical
21    Services (EMS) Systems Act.
22        (8) The Probation and Court Services Fund is to be
23    expended as described in Section 15.1 of the Probation and
24    Probation Officers Act.
25        (9) The Circuit Court Clerk Electronic Citation Fund
26    shall have the Circuit Court Clerk as the custodian, ex

 

 

SB2037- 1717 -LRB102 17120 WGH 22551 b

1    officio, of the Fund and shall be used to perform the
2    duties required by the office for establishing and
3    maintaining electronic citations. The Fund shall be
4    audited by the county's auditor.
5        (10) The Drug Treatment Fund is a special fund in the
6    State treasury. Moneys in the Fund shall be expended as
7    provided in Section 411.2 of the Illinois Controlled
8    Substances Act.
9        (11) The Violent Crime Victims Assistance Fund is a
10    special fund in the State treasury to provide moneys for
11    the grants to be awarded under the Violent Crime Victims
12    Assistance Act.
13        (12) The Criminal Justice Information Projects Fund
14    shall be appropriated to and administered by the Illinois
15    Criminal Justice Information Authority for distribution to
16    fund Illinois Department of State Police drug task forces
17    and Metropolitan Enforcement Groups, for the costs
18    associated with making grants from the Prescription Pill
19    and Drug Disposal Fund, for undertaking criminal justice
20    information projects, and for the operating and other
21    expenses of the Authority incidental to those criminal
22    justice information projects. The moneys deposited into
23    the Criminal Justice Information Projects Fund under
24    Sections 15-15 and 15-35 of this Act shall be appropriated
25    to and administered by the Illinois Criminal Justice
26    Information Authority for distribution to fund Illinois

 

 

SB2037- 1718 -LRB102 17120 WGH 22551 b

1    Department of State Police drug task forces and
2    Metropolitan Enforcement Groups by dividing the funds
3    equally by the total number of Illinois Department of
4    State Police drug task forces and Illinois Metropolitan
5    Enforcement Groups.
6        (13) The Sexual Assault Services Fund shall be
7    appropriated to the Department of Public Health. Upon
8    appropriation of moneys from the Sexual Assault Services
9    Fund, the Department of Public Health shall make grants of
10    these moneys to sexual assault organizations with whom the
11    Department has contracts for the purpose of providing
12    community-based services to victims of sexual assault.
13    Grants are in addition to, and are not substitutes for,
14    other grants authorized and made by the Department.
15        (14) The County Jail Medical Costs Fund is to help
16    defray the costs outlined in Section 17 of the County Jail
17    Act. Moneys in the Fund shall be used solely for
18    reimbursement to the county of costs for medical expenses
19    and administration of the Fund.
20        (15) The Prisoner Review Board Vehicle and Equipment
21    Fund is a special fund in the State treasury. The Prisoner
22    Review Board shall, subject to appropriation by the
23    General Assembly and approval by the Secretary, use all
24    moneys in the Prisoner Review Board Vehicle and Equipment
25    Fund for the purchase and operation of vehicles and
26    equipment.

 

 

SB2037- 1719 -LRB102 17120 WGH 22551 b

1        (16) In each county in which a Children's Advocacy
2    Center provides services, a Child Advocacy Center Fund is
3    specifically for the operation and administration of the
4    Children's Advocacy Center, from which the county board
5    shall make grants to support the activities and services
6    of the Children's Advocacy Center within that county.
7(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19;
8101-636, eff. 6-10-20.)
 
9    (705 ILCS 135/15-70)
10    (Section scheduled to be repealed on January 1, 2022)
11    Sec. 15-70. Conditional assessments. In addition to
12payments under one of the Schedule of Assessments 1 through 13
13of this Act, the court shall also order payment of any of the
14following conditional assessment amounts for each sentenced
15violation in the case to which a conditional assessment is
16applicable, which shall be collected and remitted by the Clerk
17of the Circuit Court as provided in this Section:
18        (1) arson, residential arson, or aggravated arson,
19    $500 per conviction to the State Treasurer for deposit
20    into the Fire Prevention Fund;
21        (2) child pornography under Section 11-20.1 of the
22    Criminal Code of 1961 or the Criminal Code of 2012, $500
23    per conviction, unless more than one agency is responsible
24    for the arrest in which case the amount shall be remitted
25    to each unit of government equally:

 

 

SB2037- 1720 -LRB102 17120 WGH 22551 b

1            (A) if the arresting agency is an agency of a unit
2        of local government, $500 to the treasurer of the unit
3        of local government for deposit into the unit of local
4        government's General Fund, except that if the Illinois
5        Department of State Police provides digital or
6        electronic forensic examination assistance, or both,
7        to the arresting agency then $100 to the State
8        Treasurer for deposit into the State Crime Laboratory
9        Fund; or
10            (B) if the arresting agency is the Illinois
11        Department of State Police, $500 to the State
12        Treasurer for deposit into the State Crime Laboratory
13        Fund;
14        (3) crime laboratory drug analysis for a drug-related
15    offense involving possession or delivery of cannabis or
16    possession or delivery of a controlled substance as
17    defined in the Cannabis Control Act, the Illinois
18    Controlled Substances Act, or the Methamphetamine Control
19    and Community Protection Act, $100 reimbursement for
20    laboratory analysis, as set forth in subsection (f) of
21    Section 5-9-1.4 of the Unified Code of Corrections;
22        (4) DNA analysis, $250 on each conviction in which it
23    was used to the State Treasurer for deposit into the State
24    Offender DNA Identification System Fund as set forth in
25    Section 5-4-3 of the Unified Code of Corrections;
26        (5) DUI analysis, $150 on each sentenced violation in

 

 

SB2037- 1721 -LRB102 17120 WGH 22551 b

1    which it was used as set forth in subsection (f) of Section
2    5-9-1.9 of the Unified Code of Corrections;
3        (6) drug-related offense involving possession or
4    delivery of cannabis or possession or delivery of a
5    controlled substance, other than methamphetamine, as
6    defined in the Cannabis Control Act or the Illinois
7    Controlled Substances Act, an amount not less than the
8    full street value of the cannabis or controlled substance
9    seized for each conviction to be disbursed as follows:
10            (A) 12.5% of the street value assessment shall be
11        paid into the Youth Drug Abuse Prevention Fund, to be
12        used by the Department of Human Services for the
13        funding of programs and services for drug-abuse
14        treatment, and prevention and education services;
15            (B) 37.5% to the county in which the charge was
16        prosecuted, to be deposited into the county General
17        Fund;
18            (C) 50% to the treasurer of the arresting law
19        enforcement agency of the municipality or county, or
20        to the State Treasurer if the arresting agency was a
21        state agency;
22            (D) if the arrest was made in combination with
23        multiple law enforcement agencies, the clerk shall
24        equitably allocate the portion in subparagraph (C) of
25        this paragraph (6) among the law enforcement agencies
26        involved in the arrest;

 

 

SB2037- 1722 -LRB102 17120 WGH 22551 b

1        (6.5) Kane County or Will County, in felony,
2    misdemeanor, local or county ordinance, traffic, or
3    conservation cases, up to $30 as set by the county board
4    under Section 5-1101.3 of the Counties Code upon the entry
5    of a judgment of conviction, an order of supervision, or a
6    sentence of probation without entry of judgment under
7    Section 10 of the Cannabis Control Act, Section 410 of the
8    Illinois Controlled Substances Act, Section 70 of the
9    Methamphetamine Control and Community Protection Act,
10    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
11    the Criminal Code of 1961 or the Criminal Code of 2012,
12    Section 10-102 of the Illinois Alcoholism and Other Drug
13    Dependency Act, or Section 10 of the Steroid Control Act;
14    except in local or county ordinance, traffic, and
15    conservation cases, if fines are paid in full without a
16    court appearance, then the assessment shall not be imposed
17    or collected. Distribution of assessments collected under
18    this paragraph (6.5) shall be as provided in Section
19    5-1101.3 of the Counties Code;
20        (7) methamphetamine-related offense involving
21    possession or delivery of methamphetamine or any salt of
22    an optical isomer of methamphetamine or possession of a
23    methamphetamine manufacturing material as set forth in
24    Section 10 of the Methamphetamine Control and Community
25    Protection Act with the intent to manufacture a substance
26    containing methamphetamine or salt of an optical isomer of

 

 

SB2037- 1723 -LRB102 17120 WGH 22551 b

1    methamphetamine, an amount not less than the full street
2    value of the methamphetamine or salt of an optical isomer
3    of methamphetamine or methamphetamine manufacturing
4    materials seized for each conviction to be disbursed as
5    follows:
6            (A) 12.5% of the street value assessment shall be
7        paid into the Youth Drug Abuse Prevention Fund, to be
8        used by the Department of Human Services for the
9        funding of programs and services for drug-abuse
10        treatment, and prevention and education services;
11            (B) 37.5% to the county in which the charge was
12        prosecuted, to be deposited into the county General
13        Fund;
14            (C) 50% to the treasurer of the arresting law
15        enforcement agency of the municipality or county, or
16        to the State Treasurer if the arresting agency was a
17        state agency;
18            (D) if the arrest was made in combination with
19        multiple law enforcement agencies, the clerk shall
20        equitably allocate the portion in subparagraph (C) of
21        this paragraph (6) among the law enforcement agencies
22        involved in the arrest;
23        (8) order of protection violation under Section 12-3.4
24    of the Criminal Code of 2012, $200 for each conviction to
25    the county treasurer for deposit into the Probation and
26    Court Services Fund for implementation of a domestic

 

 

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1    violence surveillance program and any other assessments or
2    fees imposed under Section 5-9-1.16 of the Unified Code of
3    Corrections;
4        (9) order of protection violation, $25 for each
5    violation to the State Treasurer, for deposit into the
6    Domestic Violence Abuser Services Fund;
7        (10) prosecution by the State's Attorney of a:
8            (A) petty or business offense, $4 to the county
9        treasurer of which $2 deposited into the State's
10        Attorney Records Automation Fund and $2 into the
11        Public Defender Records Automation Fund;
12            (B) conservation or traffic offense, $2 to the
13        county treasurer for deposit into the State's Attorney
14        Records Automation Fund;
15        (11) speeding in a construction zone violation, $250
16    to the State Treasurer for deposit into the Transportation
17    Safety Highway Hire-back Fund, unless (i) the violation
18    occurred on a highway other than an interstate highway and
19    (ii) a county police officer wrote the ticket for the
20    violation, in which case to the county treasurer for
21    deposit into that county's Transportation Safety Highway
22    Hire-back Fund;
23        (12) supervision disposition on an offense under the
24    Illinois Vehicle Code or similar provision of a local
25    ordinance, 50 cents, unless waived by the court, into the
26    Prisoner Review Board Vehicle and Equipment Fund;

 

 

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1        (13) victim and offender are family or household
2    members as defined in Section 103 of the Illinois Domestic
3    Violence Act of 1986 and offender pleads guilty or no
4    contest to or is convicted of murder, voluntary
5    manslaughter, involuntary manslaughter, burglary,
6    residential burglary, criminal trespass to residence,
7    criminal trespass to vehicle, criminal trespass to land,
8    criminal damage to property, telephone harassment,
9    kidnapping, aggravated kidnaping, unlawful restraint,
10    forcible detention, child abduction, indecent solicitation
11    of a child, sexual relations between siblings,
12    exploitation of a child, child pornography, assault,
13    aggravated assault, battery, aggravated battery, heinous
14    battery, aggravated battery of a child, domestic battery,
15    reckless conduct, intimidation, criminal sexual assault,
16    predatory criminal sexual assault of a child, aggravated
17    criminal sexual assault, criminal sexual abuse, aggravated
18    criminal sexual abuse, violation of an order of
19    protection, disorderly conduct, endangering the life or
20    health of a child, child abandonment, contributing to
21    dependency or neglect of child, or cruelty to children and
22    others, $200 for each sentenced violation to the State
23    Treasurer for deposit as follows: (i) for sexual assault,
24    as defined in Section 5-9-1.7 of the Unified Code of
25    Corrections, when the offender and victim are family
26    members, one-half to the Domestic Violence Shelter and

 

 

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1    Service Fund, and one-half to the Sexual Assault Services
2    Fund; (ii) for the remaining offenses to the Domestic
3    Violence Shelter and Service Fund;
4        (14) violation of Section 11-501 of the Illinois
5    Vehicle Code, Section 5-7 of the Snowmobile Registration
6    and Safety Act, Section 5-16 of the Boat Registration and
7    Safety Act, or a similar provision, whose operation of a
8    motor vehicle, snowmobile, or watercraft while in
9    violation of Section 11-501, Section 5-7 of the Snowmobile
10    Registration and Safety Act, Section 5-16 of the Boat
11    Registration and Safety Act, or a similar provision
12    proximately caused an incident resulting in an appropriate
13    emergency response, $1,000 maximum to the public agency
14    that provided an emergency response related to the
15    person's violation, and if more than one agency responded,
16    the amount payable to public agencies shall be shared
17    equally;
18        (15) violation of Section 401, 407, or 407.2 of the
19    Illinois Controlled Substances Act that proximately caused
20    any incident resulting in an appropriate drug-related
21    emergency response, $1,000 as reimbursement for the
22    emergency response to the law enforcement agency that made
23    the arrest, and if more than one agency is responsible for
24    the arrest, the amount payable to law enforcement agencies
25    shall be shared equally;
26        (16) violation of reckless driving, aggravated

 

 

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1    reckless driving, or driving 26 miles per hour or more in
2    excess of the speed limit that triggered an emergency
3    response, $1,000 maximum reimbursement for the emergency
4    response to be distributed in its entirety to a public
5    agency that provided an emergency response related to the
6    person's violation, and if more than one agency responded,
7    the amount payable to public agencies shall be shared
8    equally;
9        (17) violation based upon each plea of guilty,
10    stipulation of facts, or finding of guilt resulting in a
11    judgment of conviction or order of supervision for an
12    offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
13    the Criminal Code of 2012 that results in the imposition
14    of a fine, to be distributed as follows:
15            (A) $50 to the county treasurer for deposit into
16        the Circuit Court Clerk Operation and Administrative
17        Fund to cover the costs in administering this
18        paragraph (17);
19            (B) $300 to the State Treasurer who shall deposit
20        the portion as follows:
21                (i) if the arresting or investigating agency
22            is the Illinois Department of State Police, into
23            the State Police Law Enforcement Administration
24            Fund;
25                (ii) if the arresting or investigating agency
26            is the Department of Natural Resources, into the

 

 

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1            Conservation Police Operations Assistance Fund;
2                (iii) if the arresting or investigating agency
3            is the Secretary of State, into the Secretary of
4            State Police Services Fund;
5                (iv) if the arresting or investigating agency
6            is the Illinois Commerce Commission, into the
7            Transportation Regulatory Fund; or
8                (v) if more than one of the State agencies in
9            this subparagraph (B) is the arresting or
10            investigating agency, then equal shares with the
11            shares deposited as provided in the applicable
12            items (i) through (iv) of this subparagraph (B);
13            and
14            (C) the remainder for deposit into the Specialized
15        Services for Survivors of Human Trafficking Fund;
16        (18) weapons violation under Section 24-1.1, 24-1.2,
17    or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
18    of 2012, $100 for each conviction to the State Treasurer
19    for deposit into the Trauma Center Fund; and
20        (19) violation of subsection (c) of Section 11-907 of
21    the Illinois Vehicle Code, $250 to the State Treasurer for
22    deposit into the Scott's Law Fund, unless a county or
23    municipal police officer wrote the ticket for the
24    violation, in which case to the county treasurer for
25    deposit into that county's or municipality's
26    Transportation Safety Highway Hire-back Fund to be used as

 

 

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1    provided in subsection (j) of Section 11-907 of the
2    Illinois Vehicle Code.
3(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19;
4101-173, eff. 1-1-20; 101-636, eff. 6-10-20.)
 
5    Section 975. The Juvenile Court Act of 1987 is amended by
6changing Sections 1-3, 1-7, 1-8, 2-21, 2-25, 3-26, 4-23,
75-105, 5-301, 5-305, 5-730, 5-901, and 5-915 as follows:
 
8    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
9    Sec. 1-3. Definitions. Terms used in this Act, unless the
10context otherwise requires, have the following meanings
11ascribed to them:
12    (1) "Adjudicatory hearing" means a hearing to determine
13whether the allegations of a petition under Section 2-13, 3-15
14or 4-12 that a minor under 18 years of age is abused, neglected
15or dependent, or requires authoritative intervention, or
16addicted, respectively, are supported by a preponderance of
17the evidence or whether the allegations of a petition under
18Section 5-520 that a minor is delinquent are proved beyond a
19reasonable doubt.
20    (2) "Adult" means a person 21 years of age or older.
21    (3) "Agency" means a public or private child care facility
22legally authorized or licensed by this State for placement or
23institutional care or for both placement and institutional
24care.

 

 

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1    (4) "Association" means any organization, public or
2private, engaged in welfare functions which include services
3to or on behalf of children but does not include "agency" as
4herein defined.
5    (4.05) Whenever a "best interest" determination is
6required, the following factors shall be considered in the
7context of the child's age and developmental needs:
8        (a) the physical safety and welfare of the child,
9    including food, shelter, health, and clothing;
10        (b) the development of the child's identity;
11        (c) the child's background and ties, including
12    familial, cultural, and religious;
13        (d) the child's sense of attachments, including:
14            (i) where the child actually feels love,
15        attachment, and a sense of being valued (as opposed to
16        where adults believe the child should feel such love,
17        attachment, and a sense of being valued);
18            (ii) the child's sense of security;
19            (iii) the child's sense of familiarity;
20            (iv) continuity of affection for the child;
21            (v) the least disruptive placement alternative for
22        the child;
23        (e) the child's wishes and long-term goals;
24        (f) the child's community ties, including church,
25    school, and friends;
26        (g) the child's need for permanence which includes the

 

 

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1    child's need for stability and continuity of relationships
2    with parent figures and with siblings and other relatives;
3        (h) the uniqueness of every family and child;
4        (i) the risks attendant to entering and being in
5    substitute care; and
6        (j) the preferences of the persons available to care
7    for the child.
8    (4.1) "Chronic truant" shall have the definition ascribed
9to it in Section 26-2a of the School Code.
10    (5) "Court" means the circuit court in a session or
11division assigned to hear proceedings under this Act.
12    (6) "Dispositional hearing" means a hearing to determine
13whether a minor should be adjudged to be a ward of the court,
14and to determine what order of disposition should be made in
15respect to a minor adjudged to be a ward of the court.
16    (6.5) "Dissemination" or "disseminate" means to publish,
17produce, print, manufacture, distribute, sell, lease, exhibit,
18broadcast, display, transmit, or otherwise share information
19in any format so as to make the information accessible to
20others.
21    (7) "Emancipated minor" means any minor 16 years of age or
22over who has been completely or partially emancipated under
23the Emancipation of Minors Act or under this Act.
24    (7.03) "Expunge" means to physically destroy the records
25and to obliterate the minor's name from any official index,
26public record, or electronic database.

 

 

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1    (7.05) "Foster parent" includes a relative caregiver
2selected by the Department of Children and Family Services to
3provide care for the minor.
4    (8) "Guardianship of the person" of a minor means the duty
5and authority to act in the best interests of the minor,
6subject to residual parental rights and responsibilities, to
7make important decisions in matters having a permanent effect
8on the life and development of the minor and to be concerned
9with his or her general welfare. It includes but is not
10necessarily limited to:
11        (a) the authority to consent to marriage, to
12    enlistment in the armed forces of the United States, or to
13    a major medical, psychiatric, and surgical treatment; to
14    represent the minor in legal actions; and to make other
15    decisions of substantial legal significance concerning the
16    minor;
17        (b) the authority and duty of reasonable visitation,
18    except to the extent that these have been limited in the
19    best interests of the minor by court order;
20        (c) the rights and responsibilities of legal custody
21    except where legal custody has been vested in another
22    person or agency; and
23        (d) the power to consent to the adoption of the minor,
24    but only if expressly conferred on the guardian in
25    accordance with Section 2-29, 3-30, or 4-27.
26    (8.1) "Juvenile court record" includes, but is not limited

 

 

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1to:
2        (a) all documents filed in or maintained by the
3    juvenile court pertaining to a specific incident,
4    proceeding, or individual;
5        (b) all documents relating to a specific incident,
6    proceeding, or individual made available to or maintained
7    by probation officers;
8        (c) all documents, video or audio tapes, photographs,
9    and exhibits admitted into evidence at juvenile court
10    hearings; or
11        (d) all documents, transcripts, records, reports, or
12    other evidence prepared by, maintained by, or released by
13    any municipal, county, or State agency or department, in
14    any format, if indicating involvement with the juvenile
15    court relating to a specific incident, proceeding, or
16    individual.
17    (8.2) "Juvenile law enforcement record" includes records
18of arrest, station adjustments, fingerprints, probation
19adjustments, the issuance of a notice to appear, or any other
20records or documents maintained by any law enforcement agency
21relating to a minor suspected of committing an offense, and
22records maintained by a law enforcement agency that identifies
23a juvenile as a suspect in committing an offense, but does not
24include records identifying a juvenile as a victim, witness,
25or missing juvenile and any records created, maintained, or
26used for purposes of referral to programs relating to

 

 

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1diversion as defined in subsection (6) of Section 5-105.
2    (9) "Legal custody" means the relationship created by an
3order of court in the best interests of the minor which imposes
4on the custodian the responsibility of physical possession of
5a minor and the duty to protect, train and discipline him and
6to provide him with food, shelter, education and ordinary
7medical care, except as these are limited by residual parental
8rights and responsibilities and the rights and
9responsibilities of the guardian of the person, if any.
10    (9.1) "Mentally capable adult relative" means a person 21
11years of age or older who is not suffering from a mental
12illness that prevents him or her from providing the care
13necessary to safeguard the physical safety and welfare of a
14minor who is left in that person's care by the parent or
15parents or other person responsible for the minor's welfare.
16    (10) "Minor" means a person under the age of 21 years
17subject to this Act.
18    (11) "Parent" means a father or mother of a child and
19includes any adoptive parent. It also includes a person (i)
20whose parentage is presumed or has been established under the
21law of this or another jurisdiction or (ii) who has registered
22with the Putative Father Registry in accordance with Section
2312.1 of the Adoption Act and whose paternity has not been ruled
24out under the law of this or another jurisdiction. It does not
25include a parent whose rights in respect to the minor have been
26terminated in any manner provided by law. It does not include a

 

 

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1person who has been or could be determined to be a parent under
2the Illinois Parentage Act of 1984 or the Illinois Parentage
3Act of 2015, or similar parentage law in any other state, if
4that person has been convicted of or pled nolo contendere to a
5crime that resulted in the conception of the child under
6Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
712-14.1, subsection (a) or (b) (but not subsection (c)) of
8Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
9(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
10Criminal Code of 1961 or the Criminal Code of 2012, or similar
11statute in another jurisdiction unless upon motion of any
12party, other than the offender, to the juvenile court
13proceedings the court finds it is in the child's best interest
14to deem the offender a parent for purposes of the juvenile
15court proceedings.
16    (11.1) "Permanency goal" means a goal set by the court as
17defined in subdivision (2) of Section 2-28.
18    (11.2) "Permanency hearing" means a hearing to set the
19permanency goal and to review and determine (i) the
20appropriateness of the services contained in the plan and
21whether those services have been provided, (ii) whether
22reasonable efforts have been made by all the parties to the
23service plan to achieve the goal, and (iii) whether the plan
24and goal have been achieved.
25    (12) "Petition" means the petition provided for in Section
262-13, 3-15, 4-12 or 5-520, including any supplemental

 

 

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1petitions thereunder in Section 3-15, 4-12 or 5-520.
2    (12.1) "Physically capable adult relative" means a person
321 years of age or older who does not have a severe physical
4disability or medical condition, or is not suffering from
5alcoholism or drug addiction, that prevents him or her from
6providing the care necessary to safeguard the physical safety
7and welfare of a minor who is left in that person's care by the
8parent or parents or other person responsible for the minor's
9welfare.
10    (12.2) "Post Permanency Sibling Contact Agreement" has the
11meaning ascribed to the term in Section 7.4 of the Children and
12Family Services Act.
13    (12.3) "Residential treatment center" means a licensed
14setting that provides 24-hour care to children in a group home
15or institution, including a facility licensed as a child care
16institution under Section 2.06 of the Child Care Act of 1969, a
17licensed group home under Section 2.16 of the Child Care Act of
181969, a secure child care facility as defined in paragraph
19(18) of this Section, or any similar facility in another
20state. "Residential treatment center" does not include a
21relative foster home or a licensed foster family home.
22    (13) "Residual parental rights and responsibilities" means
23those rights and responsibilities remaining with the parent
24after the transfer of legal custody or guardianship of the
25person, including, but not necessarily limited to, the right
26to reasonable visitation (which may be limited by the court in

 

 

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1the best interests of the minor as provided in subsection
2(8)(b) of this Section), the right to consent to adoption, the
3right to determine the minor's religious affiliation, and the
4responsibility for his support.
5    (14) "Shelter" means the temporary care of a minor in
6physically unrestricting facilities pending court disposition
7or execution of court order for placement.
8    (14.05) "Shelter placement" means a temporary or emergency
9placement for a minor, including an emergency foster home
10placement.
11    (14.1) "Sibling Contact Support Plan" has the meaning
12ascribed to the term in Section 7.4 of the Children and Family
13Services Act.
14    (14.2) "Significant event report" means a written document
15describing an occurrence or event beyond the customary
16operations, routines, or relationships in the Department of
17Children of Family Services, a child care facility, or other
18entity that is licensed or regulated by the Department of
19Children of Family Services or that provides services for the
20Department of Children of Family Services under a grant,
21contract, or purchase of service agreement; involving children
22or youth, employees, foster parents, or relative caregivers;
23allegations of abuse or neglect or any other incident raising
24a concern about the well-being of a minor under the
25jurisdiction of the court under Article II of the Juvenile
26Court Act; incidents involving damage to property, allegations

 

 

SB2037- 1738 -LRB102 17120 WGH 22551 b

1of criminal activity, misconduct, or other occurrences
2affecting the operations of the Department of Children of
3Family Services or a child care facility; any incident that
4could have media impact; and unusual incidents as defined by
5Department of Children and Family Services rule.
6    (15) "Station adjustment" means the informal handling of
7an alleged offender by a juvenile police officer.
8    (16) "Ward of the court" means a minor who is so adjudged
9under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
10requisite jurisdictional facts, and thus is subject to the
11dispositional powers of the court under this Act.
12    (17) "Juvenile police officer" means a sworn police
13officer who has completed a Basic Recruit Training Course, has
14been assigned to the position of juvenile police officer by
15his or her chief law enforcement officer and has completed the
16necessary juvenile officers training as prescribed by the
17Illinois Law Enforcement Training Standards Board, or in the
18case of a State police officer, juvenile officer training
19approved by the Director of the Illinois Department of State
20Police.
21    (18) "Secure child care facility" means any child care
22facility licensed by the Department of Children and Family
23Services to provide secure living arrangements for children
24under 18 years of age who are subject to placement in
25facilities under the Children and Family Services Act and who
26are not subject to placement in facilities for whom standards

 

 

SB2037- 1739 -LRB102 17120 WGH 22551 b

1are established by the Department of Corrections under Section
23-15-2 of the Unified Code of Corrections. "Secure child care
3facility" also means a facility that is designed and operated
4to ensure that all entrances and exits from the facility, a
5building, or a distinct part of the building are under the
6exclusive control of the staff of the facility, whether or not
7the child has the freedom of movement within the perimeter of
8the facility, building, or distinct part of the building.
9(Source: P.A. 99-85, eff. 1-1-16; 100-136, eff. 8-8-17;
10100-229, eff. 1-1-18; 100-689, eff. 1-1-19; 100-863, eff.
118-14-18; 100-1162, eff. 12-20-18.)
 
12    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)
13    Sec. 1-7. Confidentiality of juvenile law enforcement and
14municipal ordinance violation records.
15    (A) All juvenile law enforcement records which have not
16been expunged are confidential and may never be disclosed to
17the general public or otherwise made widely available.
18Juvenile law enforcement records may be obtained only under
19this Section and Section 1-8 and Part 9 of Article V of this
20Act, when their use is needed for good cause and with an order
21from the juvenile court, as required by those not authorized
22to retain them. Inspection, copying, and disclosure of
23juvenile law enforcement records maintained by law enforcement
24agencies or records of municipal ordinance violations
25maintained by any State, local, or municipal agency that

 

 

SB2037- 1740 -LRB102 17120 WGH 22551 b

1relate to a minor who has been investigated, arrested, or
2taken into custody before his or her 18th birthday shall be
3restricted to the following:
4        (0.05) The minor who is the subject of the juvenile
5    law enforcement record, his or her parents, guardian, and
6    counsel.
7        (0.10) Judges of the circuit court and members of the
8    staff of the court designated by the judge.
9        (0.15) An administrative adjudication hearing officer
10    or members of the staff designated to assist in the
11    administrative adjudication process.
12        (1) Any local, State, or federal law enforcement
13    officers or designated law enforcement staff of any
14    jurisdiction or agency when necessary for the discharge of
15    their official duties during the investigation or
16    prosecution of a crime or relating to a minor who has been
17    adjudicated delinquent and there has been a previous
18    finding that the act which constitutes the previous
19    offense was committed in furtherance of criminal
20    activities by a criminal street gang, or, when necessary
21    for the discharge of its official duties in connection
22    with a particular investigation of the conduct of a law
23    enforcement officer, an independent agency or its staff
24    created by ordinance and charged by a unit of local
25    government with the duty of investigating the conduct of
26    law enforcement officers. For purposes of this Section,

 

 

SB2037- 1741 -LRB102 17120 WGH 22551 b

1    "criminal street gang" has the meaning ascribed to it in
2    Section 10 of the Illinois Streetgang Terrorism Omnibus
3    Prevention Act.
4        (2) Prosecutors, public defenders, probation officers,
5    social workers, or other individuals assigned by the court
6    to conduct a pre-adjudication or pre-disposition
7    investigation, and individuals responsible for supervising
8    or providing temporary or permanent care and custody for
9    minors under the order of the juvenile court, when
10    essential to performing their responsibilities.
11        (3) Federal, State, or local prosecutors, public
12    defenders, probation officers, and designated staff:
13            (a) in the course of a trial when institution of
14        criminal proceedings has been permitted or required
15        under Section 5-805;
16            (b) when institution of criminal proceedings has
17        been permitted or required under Section 5-805 and the
18        minor is the subject of a proceeding to determine the
19        amount of bail;
20            (c) when criminal proceedings have been permitted
21        or required under Section 5-805 and the minor is the
22        subject of a pre-trial investigation, pre-sentence
23        investigation, fitness hearing, or proceedings on an
24        application for probation; or
25            (d) in the course of prosecution or administrative
26        adjudication of a violation of a traffic, boating, or

 

 

SB2037- 1742 -LRB102 17120 WGH 22551 b

1        fish and game law, or a county or municipal ordinance.
2        (4) Adult and Juvenile Prisoner Review Board.
3        (5) Authorized military personnel.
4        (5.5) Employees of the federal government authorized
5    by law.
6        (6) Persons engaged in bona fide research, with the
7    permission of the Presiding Judge and the chief executive
8    of the respective law enforcement agency; provided that
9    publication of such research results in no disclosure of a
10    minor's identity and protects the confidentiality of the
11    minor's record.
12        (7) Department of Children and Family Services child
13    protection investigators acting in their official
14    capacity.
15        (8) The appropriate school official only if the agency
16    or officer believes that there is an imminent threat of
17    physical harm to students, school personnel, or others who
18    are present in the school or on school grounds.
19            (A) Inspection and copying shall be limited to
20        juvenile law enforcement records transmitted to the
21        appropriate school official or officials whom the
22        school has determined to have a legitimate educational
23        or safety interest by a local law enforcement agency
24        under a reciprocal reporting system established and
25        maintained between the school district and the local
26        law enforcement agency under Section 10-20.14 of the

 

 

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1        School Code concerning a minor enrolled in a school
2        within the school district who has been arrested or
3        taken into custody for any of the following offenses:
4                (i) any violation of Article 24 of the
5            Criminal Code of 1961 or the Criminal Code of
6            2012;
7                (ii) a violation of the Illinois Controlled
8            Substances Act;
9                (iii) a violation of the Cannabis Control Act;
10                (iv) a forcible felony as defined in Section
11            2-8 of the Criminal Code of 1961 or the Criminal
12            Code of 2012;
13                (v) a violation of the Methamphetamine Control
14            and Community Protection Act;
15                (vi) a violation of Section 1-2 of the
16            Harassing and Obscene Communications Act;
17                (vii) a violation of the Hazing Act; or
18                (viii) a violation of Section 12-1, 12-2,
19            12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
20            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
21            Criminal Code of 1961 or the Criminal Code of
22            2012.
23            The information derived from the juvenile law
24        enforcement records shall be kept separate from and
25        shall not become a part of the official school record
26        of that child and shall not be a public record. The

 

 

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1        information shall be used solely by the appropriate
2        school official or officials whom the school has
3        determined to have a legitimate educational or safety
4        interest to aid in the proper rehabilitation of the
5        child and to protect the safety of students and
6        employees in the school. If the designated law
7        enforcement and school officials deem it to be in the
8        best interest of the minor, the student may be
9        referred to in-school or community-based social
10        services if those services are available.
11        "Rehabilitation services" may include interventions by
12        school support personnel, evaluation for eligibility
13        for special education, referrals to community-based
14        agencies such as youth services, behavioral healthcare
15        service providers, drug and alcohol prevention or
16        treatment programs, and other interventions as deemed
17        appropriate for the student.
18            (B) Any information provided to appropriate school
19        officials whom the school has determined to have a
20        legitimate educational or safety interest by local law
21        enforcement officials about a minor who is the subject
22        of a current police investigation that is directly
23        related to school safety shall consist of oral
24        information only, and not written juvenile law
25        enforcement records, and shall be used solely by the
26        appropriate school official or officials to protect

 

 

SB2037- 1745 -LRB102 17120 WGH 22551 b

1        the safety of students and employees in the school and
2        aid in the proper rehabilitation of the child. The
3        information derived orally from the local law
4        enforcement officials shall be kept separate from and
5        shall not become a part of the official school record
6        of the child and shall not be a public record. This
7        limitation on the use of information about a minor who
8        is the subject of a current police investigation shall
9        in no way limit the use of this information by
10        prosecutors in pursuing criminal charges arising out
11        of the information disclosed during a police
12        investigation of the minor. For purposes of this
13        paragraph, "investigation" means an official
14        systematic inquiry by a law enforcement agency into
15        actual or suspected criminal activity.
16        (9) Mental health professionals on behalf of the
17    Department of Corrections or the Department of Human
18    Services or prosecutors who are evaluating, prosecuting,
19    or investigating a potential or actual petition brought
20    under the Sexually Violent Persons Commitment Act relating
21    to a person who is the subject of juvenile law enforcement
22    records or the respondent to a petition brought under the
23    Sexually Violent Persons Commitment Act who is the subject
24    of the juvenile law enforcement records sought. Any
25    juvenile law enforcement records and any information
26    obtained from those juvenile law enforcement records under

 

 

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1    this paragraph (9) may be used only in sexually violent
2    persons commitment proceedings.
3        (10) The president of a park district. Inspection and
4    copying shall be limited to juvenile law enforcement
5    records transmitted to the president of the park district
6    by the Illinois Department of State Police under Section
7    8-23 of the Park District Code or Section 16a-5 of the
8    Chicago Park District Act concerning a person who is
9    seeking employment with that park district and who has
10    been adjudicated a juvenile delinquent for any of the
11    offenses listed in subsection (c) of Section 8-23 of the
12    Park District Code or subsection (c) of Section 16a-5 of
13    the Chicago Park District Act.
14        (11) Persons managing and designated to participate in
15    a court diversion program as designated in subsection (6)
16    of Section 5-105.
17        (12) The Public Access Counselor of the Office of the
18    Attorney General, when reviewing juvenile law enforcement
19    records under its powers and duties under the Freedom of
20    Information Act.
21        (13) Collection agencies, contracted or otherwise
22    engaged by a governmental entity, to collect any debts due
23    and owing to the governmental entity.
24    (B)(1) Except as provided in paragraph (2), no law
25enforcement officer or other person or agency may knowingly
26transmit to the Department of Corrections, the Illinois

 

 

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1Department of State Police, or to the Federal Bureau of
2Investigation any fingerprint or photograph relating to a
3minor who has been arrested or taken into custody before his or
4her 18th birthday, unless the court in proceedings under this
5Act authorizes the transmission or enters an order under
6Section 5-805 permitting or requiring the institution of
7criminal proceedings.
8    (2) Law enforcement officers or other persons or agencies
9shall transmit to the Illinois Department of State Police
10copies of fingerprints and descriptions of all minors who have
11been arrested or taken into custody before their 18th birthday
12for the offense of unlawful use of weapons under Article 24 of
13the Criminal Code of 1961 or the Criminal Code of 2012, a Class
14X or Class 1 felony, a forcible felony as defined in Section
152-8 of the Criminal Code of 1961 or the Criminal Code of 2012,
16or a Class 2 or greater felony under the Cannabis Control Act,
17the Illinois Controlled Substances Act, the Methamphetamine
18Control and Community Protection Act, or Chapter 4 of the
19Illinois Vehicle Code, pursuant to Section 5 of the Criminal
20Identification Act. Information reported to the Department
21pursuant to this Section may be maintained with records that
22the Department files pursuant to Section 2.1 of the Criminal
23Identification Act. Nothing in this Act prohibits a law
24enforcement agency from fingerprinting a minor taken into
25custody or arrested before his or her 18th birthday for an
26offense other than those listed in this paragraph (2).

 

 

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1    (C) The records of law enforcement officers, or of an
2independent agency created by ordinance and charged by a unit
3of local government with the duty of investigating the conduct
4of law enforcement officers, concerning all minors under 18
5years of age must be maintained separate from the records of
6arrests and may not be open to public inspection or their
7contents disclosed to the public. For purposes of obtaining
8documents under this Section, a civil subpoena is not an order
9of the court.
10        (1) In cases where the law enforcement, or independent
11    agency, records concern a pending juvenile court case, the
12    party seeking to inspect the records shall provide actual
13    notice to the attorney or guardian ad litem of the minor
14    whose records are sought.
15        (2) In cases where the records concern a juvenile
16    court case that is no longer pending, the party seeking to
17    inspect the records shall provide actual notice to the
18    minor or the minor's parent or legal guardian, and the
19    matter shall be referred to the chief judge presiding over
20    matters pursuant to this Act.
21        (3) In determining whether the records should be
22    available for inspection, the court shall consider the
23    minor's interest in confidentiality and rehabilitation
24    over the moving party's interest in obtaining the
25    information. Any records obtained in violation of this
26    subsection (C) shall not be admissible in any criminal or

 

 

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1    civil proceeding, or operate to disqualify a minor from
2    subsequently holding public office or securing employment,
3    or operate as a forfeiture of any public benefit, right,
4    privilege, or right to receive any license granted by
5    public authority.
6    (D) Nothing contained in subsection (C) of this Section
7shall prohibit the inspection or disclosure to victims and
8witnesses of photographs contained in the records of law
9enforcement agencies when the inspection and disclosure is
10conducted in the presence of a law enforcement officer for the
11purpose of the identification or apprehension of any person
12subject to the provisions of this Act or for the investigation
13or prosecution of any crime.
14    (E) Law enforcement officers, and personnel of an
15independent agency created by ordinance and charged by a unit
16of local government with the duty of investigating the conduct
17of law enforcement officers, may not disclose the identity of
18any minor in releasing information to the general public as to
19the arrest, investigation or disposition of any case involving
20a minor.
21    (F) Nothing contained in this Section shall prohibit law
22enforcement agencies from communicating with each other by
23letter, memorandum, teletype, or intelligence alert bulletin
24or other means the identity or other relevant information
25pertaining to a person under 18 years of age if there are
26reasonable grounds to believe that the person poses a real and

 

 

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1present danger to the safety of the public or law enforcement
2officers. The information provided under this subsection (F)
3shall remain confidential and shall not be publicly disclosed,
4except as otherwise allowed by law.
5    (G) Nothing in this Section shall prohibit the right of a
6Civil Service Commission or appointing authority of any
7federal government, state, county or municipality examining
8the character and fitness of an applicant for employment with
9a law enforcement agency, correctional institution, or fire
10department from obtaining and examining the records of any law
11enforcement agency relating to any record of the applicant
12having been arrested or taken into custody before the
13applicant's 18th birthday.
14    (G-5) Information identifying victims and alleged victims
15of sex offenses shall not be disclosed or open to the public
16under any circumstances. Nothing in this Section shall
17prohibit the victim or alleged victim of any sex offense from
18voluntarily disclosing his or her own identity.
19    (H) The changes made to this Section by Public Act 98-61
20apply to law enforcement records of a minor who has been
21arrested or taken into custody on or after January 1, 2014 (the
22effective date of Public Act 98-61).
23    (H-5) Nothing in this Section shall require any court or
24adjudicative proceeding for traffic, boating, fish and game
25law, or municipal and county ordinance violations to be closed
26to the public.

 

 

SB2037- 1751 -LRB102 17120 WGH 22551 b

1    (I) Willful violation of this Section is a Class C
2misdemeanor and each violation is subject to a fine of $1,000.
3This subsection (I) shall not apply to the person who is the
4subject of the record.
5    (J) A person convicted of violating this Section is liable
6for damages in the amount of $1,000 or actual damages,
7whichever is greater.
8(Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18;
9100-720, eff. 8-3-18; 100-863, eff. 8-14-18; 100-1162, eff.
1012-20-18.)
 
11    (705 ILCS 405/1-8)  (from Ch. 37, par. 801-8)
12    Sec. 1-8. Confidentiality and accessibility of juvenile
13court records.
14    (A) A juvenile adjudication shall never be considered a
15conviction nor shall an adjudicated individual be considered a
16criminal. Unless expressly allowed by law, a juvenile
17adjudication shall not operate to impose upon the individual
18any of the civil disabilities ordinarily imposed by or
19resulting from conviction. Unless expressly allowed by law,
20adjudications shall not prejudice or disqualify the individual
21in any civil service application or appointment, from holding
22public office, or from receiving any license granted by public
23authority. All juvenile court records which have not been
24expunged are sealed and may never be disclosed to the general
25public or otherwise made widely available. Sealed juvenile

 

 

SB2037- 1752 -LRB102 17120 WGH 22551 b

1court records may be obtained only under this Section and
2Section 1-7 and Part 9 of Article V of this Act, when their use
3is needed for good cause and with an order from the juvenile
4court. Inspection and copying of juvenile court records
5relating to a minor who is the subject of a proceeding under
6this Act shall be restricted to the following:
7        (1) The minor who is the subject of record, his or her
8    parents, guardian, and counsel.
9        (2) Law enforcement officers and law enforcement
10    agencies when such information is essential to executing
11    an arrest or search warrant or other compulsory process,
12    or to conducting an ongoing investigation or relating to a
13    minor who has been adjudicated delinquent and there has
14    been a previous finding that the act which constitutes the
15    previous offense was committed in furtherance of criminal
16    activities by a criminal street gang.
17        Before July 1, 1994, for the purposes of this Section,
18    "criminal street gang" means any ongoing organization,
19    association, or group of 3 or more persons, whether formal
20    or informal, having as one of its primary activities the
21    commission of one or more criminal acts and that has a
22    common name or common identifying sign, symbol or specific
23    color apparel displayed, and whose members individually or
24    collectively engage in or have engaged in a pattern of
25    criminal activity.
26        Beginning July 1, 1994, for purposes of this Section,

 

 

SB2037- 1753 -LRB102 17120 WGH 22551 b

1    "criminal street gang" has the meaning ascribed to it in
2    Section 10 of the Illinois Streetgang Terrorism Omnibus
3    Prevention Act.
4        (3) Judges, hearing officers, prosecutors, public
5    defenders, probation officers, social workers, or other
6    individuals assigned by the court to conduct a
7    pre-adjudication or pre-disposition investigation, and
8    individuals responsible for supervising or providing
9    temporary or permanent care and custody for minors under
10    the order of the juvenile court when essential to
11    performing their responsibilities.
12        (4) Judges, federal, State, and local prosecutors,
13    public defenders, probation officers, and designated
14    staff:
15            (a) in the course of a trial when institution of
16        criminal proceedings has been permitted or required
17        under Section 5-805;
18            (b) when criminal proceedings have been permitted
19        or required under Section 5-805 and a minor is the
20        subject of a proceeding to determine the amount of
21        bail;
22            (c) when criminal proceedings have been permitted
23        or required under Section 5-805 and a minor is the
24        subject of a pre-trial investigation, pre-sentence
25        investigation or fitness hearing, or proceedings on an
26        application for probation; or

 

 

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1            (d) when a minor becomes 18 years of age or older,
2        and is the subject of criminal proceedings, including
3        a hearing to determine the amount of bail, a pre-trial
4        investigation, a pre-sentence investigation, a fitness
5        hearing, or proceedings on an application for
6        probation.
7        (5) Adult and Juvenile Prisoner Review Boards.
8        (6) Authorized military personnel.
9        (6.5) Employees of the federal government authorized
10    by law.
11        (7) Victims, their subrogees and legal
12    representatives; however, such persons shall have access
13    only to the name and address of the minor and information
14    pertaining to the disposition or alternative adjustment
15    plan of the juvenile court.
16        (8) Persons engaged in bona fide research, with the
17    permission of the presiding judge of the juvenile court
18    and the chief executive of the agency that prepared the
19    particular records; provided that publication of such
20    research results in no disclosure of a minor's identity
21    and protects the confidentiality of the record.
22        (9) The Secretary of State to whom the Clerk of the
23    Court shall report the disposition of all cases, as
24    required in Section 6-204 of the Illinois Vehicle Code.
25    However, information reported relative to these offenses
26    shall be privileged and available only to the Secretary of

 

 

SB2037- 1755 -LRB102 17120 WGH 22551 b

1    State, courts, and police officers.
2        (10) The administrator of a bonafide substance abuse
3    student assistance program with the permission of the
4    presiding judge of the juvenile court.
5        (11) Mental health professionals on behalf of the
6    Department of Corrections or the Department of Human
7    Services or prosecutors who are evaluating, prosecuting,
8    or investigating a potential or actual petition brought
9    under the Sexually Violent Persons Commitment Act relating
10    to a person who is the subject of juvenile court records or
11    the respondent to a petition brought under the Sexually
12    Violent Persons Commitment Act, who is the subject of
13    juvenile court records sought. Any records and any
14    information obtained from those records under this
15    paragraph (11) may be used only in sexually violent
16    persons commitment proceedings.
17        (12) Collection agencies, contracted or otherwise
18    engaged by a governmental entity, to collect any debts due
19    and owing to the governmental entity.
20    (A-1) Findings and exclusions of paternity entered in
21proceedings occurring under Article II of this Act shall be
22disclosed, in a manner and form approved by the Presiding
23Judge of the Juvenile Court, to the Department of Healthcare
24and Family Services when necessary to discharge the duties of
25the Department of Healthcare and Family Services under Article
26X of the Illinois Public Aid Code.

 

 

SB2037- 1756 -LRB102 17120 WGH 22551 b

1    (B) A minor who is the victim in a juvenile proceeding
2shall be provided the same confidentiality regarding
3disclosure of identity as the minor who is the subject of
4record.
5    (C)(0.1) In cases where the records concern a pending
6juvenile court case, the requesting party seeking to inspect
7the juvenile court records shall provide actual notice to the
8attorney or guardian ad litem of the minor whose records are
9sought.
10    (0.2) In cases where the juvenile court records concern a
11juvenile court case that is no longer pending, the requesting
12party seeking to inspect the juvenile court records shall
13provide actual notice to the minor or the minor's parent or
14legal guardian, and the matter shall be referred to the chief
15judge presiding over matters pursuant to this Act.
16    (0.3) In determining whether juvenile court records should
17be made available for inspection and whether inspection should
18be limited to certain parts of the file, the court shall
19consider the minor's interest in confidentiality and
20rehabilitation over the requesting party's interest in
21obtaining the information. The State's Attorney, the minor,
22and the minor's parents, guardian, and counsel shall at all
23times have the right to examine court files and records.
24    (0.4) Any records obtained in violation of this Section
25shall not be admissible in any criminal or civil proceeding,
26or operate to disqualify a minor from subsequently holding

 

 

SB2037- 1757 -LRB102 17120 WGH 22551 b

1public office, or operate as a forfeiture of any public
2benefit, right, privilege, or right to receive any license
3granted by public authority.
4    (D) Pending or following any adjudication of delinquency
5for any offense defined in Sections 11-1.20 through 11-1.60 or
612-13 through 12-16 of the Criminal Code of 1961 or the
7Criminal Code of 2012, the victim of any such offense shall
8receive the rights set out in Sections 4 and 6 of the Bill of
9Rights for Victims and Witnesses of Violent Crime Act; and the
10juvenile who is the subject of the adjudication,
11notwithstanding any other provision of this Act, shall be
12treated as an adult for the purpose of affording such rights to
13the victim.
14    (E) Nothing in this Section shall affect the right of a
15Civil Service Commission or appointing authority of the
16federal government, or any state, county, or municipality
17examining the character and fitness of an applicant for
18employment with a law enforcement agency, correctional
19institution, or fire department to ascertain whether that
20applicant was ever adjudicated to be a delinquent minor and,
21if so, to examine the records of disposition or evidence which
22were made in proceedings under this Act.
23    (F) Following any adjudication of delinquency for a crime
24which would be a felony if committed by an adult, or following
25any adjudication of delinquency for a violation of Section
2624-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the

 

 

SB2037- 1758 -LRB102 17120 WGH 22551 b

1Criminal Code of 2012, the State's Attorney shall ascertain
2whether the minor respondent is enrolled in school and, if so,
3shall provide a copy of the dispositional order to the
4principal or chief administrative officer of the school.
5Access to the dispositional order shall be limited to the
6principal or chief administrative officer of the school and
7any guidance counselor designated by him or her.
8    (G) Nothing contained in this Act prevents the sharing or
9disclosure of information or records relating or pertaining to
10juveniles subject to the provisions of the Serious Habitual
11Offender Comprehensive Action Program when that information is
12used to assist in the early identification and treatment of
13habitual juvenile offenders.
14    (H) When a court hearing a proceeding under Article II of
15this Act becomes aware that an earlier proceeding under
16Article II had been heard in a different county, that court
17shall request, and the court in which the earlier proceedings
18were initiated shall transmit, an authenticated copy of the
19juvenile court record, including all documents, petitions, and
20orders filed and the minute orders, transcript of proceedings,
21and docket entries of the court.
22    (I) The Clerk of the Circuit Court shall report to the
23Illinois Department of State Police, in the form and manner
24required by the Illinois Department of State Police, the final
25disposition of each minor who has been arrested or taken into
26custody before his or her 18th birthday for those offenses

 

 

SB2037- 1759 -LRB102 17120 WGH 22551 b

1required to be reported under Section 5 of the Criminal
2Identification Act. Information reported to the Department
3under this Section may be maintained with records that the
4Department files under Section 2.1 of the Criminal
5Identification Act.
6    (J) The changes made to this Section by Public Act 98-61
7apply to juvenile law enforcement records of a minor who has
8been arrested or taken into custody on or after January 1, 2014
9(the effective date of Public Act 98-61).
10    (K) Willful violation of this Section is a Class C
11misdemeanor and each violation is subject to a fine of $1,000.
12This subsection (K) shall not apply to the person who is the
13subject of the record.
14    (L) A person convicted of violating this Section is liable
15for damages in the amount of $1,000 or actual damages,
16whichever is greater.
17(Source: P.A. 100-285, eff. 1-1-18; 100-720, eff. 8-3-18;
18100-1162, eff. 12-20-18.)
 
19    (705 ILCS 405/2-21)  (from Ch. 37, par. 802-21)
20    Sec. 2-21. Findings and adjudication.
21    (1) The court shall state for the record the manner in
22which the parties received service of process and shall note
23whether the return or returns of service, postal return
24receipt or receipts for notice by certified mail, or
25certificate or certificates of publication have been filed in

 

 

SB2037- 1760 -LRB102 17120 WGH 22551 b

1the court record. The court shall enter any appropriate orders
2of default against any parent who has been properly served in
3any manner and fails to appear.
4    No further service of process as defined in Sections 2-15
5and 2-16 is required in any subsequent proceeding for a parent
6who was properly served in any manner, except as required by
7Supreme Court Rule 11.
8    The caseworker shall testify about the diligent search
9conducted for the parent.
10    After hearing the evidence the court shall determine
11whether or not the minor is abused, neglected, or dependent.
12If it finds that the minor is not such a person, the court
13shall order the petition dismissed and the minor discharged.
14The court's determination of whether the minor is abused,
15neglected, or dependent shall be stated in writing with the
16factual basis supporting that determination.
17    If the court finds that the minor is abused, neglected, or
18dependent, the court shall then determine and put in writing
19the factual basis supporting that determination, and specify,
20to the extent possible, the acts or omissions or both of each
21parent, guardian, or legal custodian that form the basis of
22the court's findings. That finding shall appear in the order
23of the court.
24    If the court finds that the child has been abused,
25neglected or dependent, the court shall admonish the parents
26that they must cooperate with the Department of Children and

 

 

SB2037- 1761 -LRB102 17120 WGH 22551 b

1Family Services, comply with the terms of the service plan,
2and correct the conditions that require the child to be in
3care, or risk termination of parental rights.
4    If the court determines that a person has inflicted
5physical or sexual abuse upon a minor, the court shall report
6that determination to the Illinois Department of State Police,
7which shall include that information in its report to the
8President of the school board for a school district that
9requests a criminal history records check of that person, or
10the regional superintendent of schools who requests a check of
11that person, as required under Section 10-21.9 or 34-18.5 of
12the School Code.
13    (2) If, pursuant to subsection (1) of this Section, the
14court determines and puts in writing the factual basis
15supporting the determination that the minor is either abused
16or neglected or dependent, the court shall then set a time not
17later than 30 days after the entry of the finding for a
18dispositional hearing (unless an earlier date is required
19pursuant to Section 2-13.1) to be conducted under Section 2-22
20at which hearing the court shall determine whether it is
21consistent with the health, safety and best interests of the
22minor and the public that he be made a ward of the court. To
23assist the court in making this and other determinations at
24the dispositional hearing, the court may order that an
25investigation be conducted and a dispositional report be
26prepared concerning the minor's physical and mental history

 

 

SB2037- 1762 -LRB102 17120 WGH 22551 b

1and condition, family situation and background, economic
2status, education, occupation, history of delinquency or
3criminality, personal habits, and any other information that
4may be helpful to the court. The dispositional hearing may be
5continued once for a period not to exceed 30 days if the court
6finds that such continuance is necessary to complete the
7dispositional report.
8    (3) The time limits of this Section may be waived only by
9consent of all parties and approval by the court, as
10determined to be consistent with the health, safety and best
11interests of the minor.
12    (4) For all cases adjudicated prior to July 1, 1991, for
13which no dispositional hearing has been held prior to that
14date, a dispositional hearing under Section 2-22 shall be held
15within 90 days of July 1, 1991.
16    (5) The court may terminate the parental rights of a
17parent at the initial dispositional hearing if all of the
18following conditions are met:
19        (i) the original or amended petition contains a
20    request for termination of parental rights and appointment
21    of a guardian with power to consent to adoption; and
22        (ii) the court has found by a preponderance of
23    evidence, introduced or stipulated to at an adjudicatory
24    hearing, that the child comes under the jurisdiction of
25    the court as an abused, neglected, or dependent minor
26    under Section 2-18; and

 

 

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1        (iii) the court finds, on the basis of clear and
2    convincing evidence admitted at the adjudicatory hearing
3    that the parent is an unfit person under subdivision D of
4    Section 1 of the Adoption Act; and
5        (iv) the court determines in accordance with the rules
6    of evidence for dispositional proceedings, that:
7            (A) it is in the best interest of the minor and
8        public that the child be made a ward of the court;
9            (A-5) reasonable efforts under subsection (l-1) of
10        Section 5 of the Children and Family Services Act are
11        inappropriate or such efforts were made and were
12        unsuccessful; and
13            (B) termination of parental rights and appointment
14        of a guardian with power to consent to adoption is in
15        the best interest of the child pursuant to Section
16        2-29.
17(Source: P.A. 93-909, eff. 8-12-04.)
 
18    (705 ILCS 405/2-25)  (from Ch. 37, par. 802-25)
19    Sec. 2-25. Order of protection.
20    (1) The court may make an order of protection in
21assistance of or as a condition of any other order authorized
22by this Act. The order of protection shall be based on the
23health, safety and best interests of the minor and may set
24forth reasonable conditions of behavior to be observed for a
25specified period. Such an order may require a person:

 

 

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1        (a) to stay away from the home or the minor;
2        (b) to permit a parent to visit the minor at stated
3    periods;
4        (c) to abstain from offensive conduct against the
5    minor, his parent or any person to whom custody of the
6    minor is awarded;
7        (d) to give proper attention to the care of the home;
8        (e) to cooperate in good faith with an agency to which
9    custody of a minor is entrusted by the court or with an
10    agency or association to which the minor is referred by
11    the court;
12        (f) to prohibit and prevent any contact whatsoever
13    with the respondent minor by a specified individual or
14    individuals who are alleged in either a criminal or
15    juvenile proceeding to have caused injury to a respondent
16    minor or a sibling of a respondent minor;
17        (g) to refrain from acts of commission or omission
18    that tend to make the home not a proper place for the
19    minor;
20        (h) to refrain from contacting the minor and the
21    foster parents in any manner that is not specified in
22    writing in the case plan.
23    (2) The court shall enter an order of protection to
24prohibit and prevent any contact between a respondent minor or
25a sibling of a respondent minor and any person named in a
26petition seeking an order of protection who has been convicted

 

 

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1of heinous battery or aggravated battery under subdivision
2(a)(2) of Section 12-3.05, aggravated battery of a child or
3aggravated battery under subdivision (b)(1) of Section
412-3.05, criminal sexual assault, aggravated criminal sexual
5assault, predatory criminal sexual assault of a child,
6criminal sexual abuse, or aggravated criminal sexual abuse as
7described in the Criminal Code of 1961 or the Criminal Code of
82012, or has been convicted of an offense that resulted in the
9death of a child, or has violated a previous order of
10protection under this Section.
11    (3) When the court issues an order of protection against
12any person as provided by this Section, the court shall direct
13a copy of such order to the Sheriff of that county. The Sheriff
14shall furnish a copy of the order of protection to the Illinois
15Department of State Police within 24 hours of receipt, in the
16form and manner required by the Department. The Illinois
17Department of State Police shall maintain a complete record
18and index of such orders of protection and make this data
19available to all local law enforcement agencies.
20    (4) After notice and opportunity for hearing afforded to a
21person subject to an order of protection, the order may be
22modified or extended for a further specified period or both or
23may be terminated if the court finds that the health, safety,
24and best interests of the minor and the public will be served
25thereby.
26    (5) An order of protection may be sought at any time during

 

 

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1the course of any proceeding conducted pursuant to this Act if
2such an order is consistent with the health, safety, and best
3interests of the minor. Any person against whom an order of
4protection is sought may retain counsel to represent him at a
5hearing, and has rights to be present at the hearing, to be
6informed prior to the hearing in writing of the contents of the
7petition seeking a protective order and of the date, place and
8time of such hearing, and to cross examine witnesses called by
9the petitioner and to present witnesses and argument in
10opposition to the relief sought in the petition.
11    (6) Diligent efforts shall be made by the petitioner to
12serve any person or persons against whom any order of
13protection is sought with written notice of the contents of
14the petition seeking a protective order and of the date, place
15and time at which the hearing on the petition is to be held.
16When a protective order is being sought in conjunction with a
17temporary custody hearing, if the court finds that the person
18against whom the protective order is being sought has been
19notified of the hearing or that diligent efforts have been
20made to notify such person, the court may conduct a hearing. If
21a protective order is sought at any time other than in
22conjunction with a temporary custody hearing, the court may
23not conduct a hearing on the petition in the absence of the
24person against whom the order is sought unless the petitioner
25has notified such person by personal service at least 3 days
26before the hearing or has sent written notice by first class

 

 

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1mail to such person's last known address at least 5 days before
2the hearing.
3    (7) A person against whom an order of protection is being
4sought who is neither a parent, guardian, legal custodian or
5responsible relative as described in Section 1-5 is not a
6party or respondent as defined in that Section and shall not be
7entitled to the rights provided therein. Such person does not
8have a right to appointed counsel or to be present at any
9hearing other than the hearing in which the order of
10protection is being sought or a hearing directly pertaining to
11that order. Unless the court orders otherwise, such person
12does not have a right to inspect the court file.
13    (8) All protective orders entered under this Section shall
14be in writing. Unless the person against whom the order was
15obtained was present in court when the order was issued, the
16sheriff, other law enforcement official or special process
17server shall promptly serve that order upon that person and
18file proof of such service, in the manner provided for service
19of process in civil proceedings. The person against whom the
20protective order was obtained may seek a modification of the
21order by filing a written motion to modify the order within 7
22days after actual receipt by the person of a copy of the order.
23Any modification of the order granted by the court must be
24determined to be consistent with the best interests of the
25minor.
26    (9) If a petition is filed charging a violation of a

 

 

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1condition contained in the protective order and if the court
2determines that this violation is of a critical service
3necessary to the safety and welfare of the minor, the court may
4proceed to findings and an order for temporary custody.
5(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11;
696-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff.
71-1-13; 97-1150, eff. 1-25-13.)
 
8    (705 ILCS 405/3-26)  (from Ch. 37, par. 803-26)
9    Sec. 3-26. Order of protection.
10    (1) The court may make an order of protection in
11assistance of or as a condition of any other order authorized
12by this Act. The order of protection may set forth reasonable
13conditions of behavior to be observed for a specified period.
14Such an order may require a person:
15        (a) To stay away from the home or the minor;
16        (b) To permit a parent to visit the minor at stated
17    periods;
18        (c) To abstain from offensive conduct against the
19    minor, his parent or any person to whom custody of the
20    minor is awarded;
21        (d) To give proper attention to the care of the home;
22        (e) To cooperate in good faith with an agency to which
23    custody of a minor is entrusted by the court or with an
24    agency or association to which the minor is referred by
25    the court;

 

 

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1        (f) To prohibit and prevent any contact whatsoever
2    with the respondent minor by a specified individual or
3    individuals who are alleged in either a criminal or
4    juvenile proceeding to have caused injury to a respondent
5    minor or a sibling of a respondent minor;
6        (g) To refrain from acts of commission or omission
7    that tend to make the home not a proper place for the
8    minor.
9    (2) The court shall enter an order of protection to
10prohibit and prevent any contact between a respondent minor or
11a sibling of a respondent minor and any person named in a
12petition seeking an order of protection who has been convicted
13of heinous battery or aggravated battery under subdivision
14(a)(2) of Section 12-3.05, aggravated battery of a child or
15aggravated battery under subdivision (b)(1) of Section
1612-3.05, criminal sexual assault, aggravated criminal sexual
17assault, predatory criminal sexual assault of a child,
18criminal sexual abuse, or aggravated criminal sexual abuse as
19described in the Criminal Code of 1961 or the Criminal Code of
202012, or has been convicted of an offense that resulted in the
21death of a child, or has violated a previous order of
22protection under this Section.
23    (3) When the court issues an order of protection against
24any person as provided by this Section, the court shall direct
25a copy of such order to the Sheriff of that county. The Sheriff
26shall furnish a copy of the order of protection to the Illinois

 

 

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1Department of State Police within 24 hours of receipt, in the
2form and manner required by the Department. The Illinois
3Department of State Police shall maintain a complete record
4and index of such orders of protection and make this data
5available to all local law enforcement agencies.
6    (4) After notice and opportunity for hearing afforded to a
7person subject to an order of protection, the order may be
8modified or extended for a further specified period or both or
9may be terminated if the court finds that the best interests of
10the minor and the public will be served thereby.
11    (5) An order of protection may be sought at any time during
12the course of any proceeding conducted pursuant to this Act.
13Any person against whom an order of protection is sought may
14retain counsel to represent him at a hearing, and has rights to
15be present at the hearing, to be informed prior to the hearing
16in writing of the contents of the petition seeking a
17protective order and of the date, place and time of such
18hearing, and to cross examine witnesses called by the
19petitioner and to present witnesses and argument in opposition
20to the relief sought in the petition.
21    (6) Diligent efforts shall be made by the petitioner to
22serve any person or persons against whom any order of
23protection is sought with written notice of the contents of
24the petition seeking a protective order and of the date, place
25and time at which the hearing on the petition is to be held.
26When a protective order is being sought in conjunction with a

 

 

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1shelter care hearing, if the court finds that the person
2against whom the protective order is being sought has been
3notified of the hearing or that diligent efforts have been
4made to notify such person, the court may conduct a hearing. If
5a protective order is sought at any time other than in
6conjunction with a shelter care hearing, the court may not
7conduct a hearing on the petition in the absence of the person
8against whom the order is sought unless the petitioner has
9notified such person by personal service at least 3 days
10before the hearing or has sent written notice by first class
11mail to such person's last known address at least 5 days before
12the hearing.
13    (7) A person against whom an order of protection is being
14sought who is neither a parent, guardian, legal custodian or
15responsible relative as described in Section 1-5 is not a
16party or respondent as defined in that Section and shall not be
17entitled to the rights provided therein. Such person does not
18have a right to appointed counsel or to be present at any
19hearing other than the hearing in which the order of
20protection is being sought or a hearing directly pertaining to
21that order. Unless the court orders otherwise, such person
22does not have a right to inspect the court file.
23    (8) All protective orders entered under this Section shall
24be in writing. Unless the person against whom the order was
25obtained was present in court when the order was issued, the
26sheriff, other law enforcement official or special process

 

 

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1server shall promptly serve that order upon that person and
2file proof of such service, in the manner provided for service
3of process in civil proceedings. The person against whom the
4protective order was obtained may seek a modification of the
5order by filing a written motion to modify the order within 7
6days after actual receipt by the person of a copy of the order.
7(Source: P.A. 96-1551, Article 1, Section 995, eff. 7-1-11;
896-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff.
91-1-13; 97-1150, eff. 1-25-13.)
 
10    (705 ILCS 405/4-23)  (from Ch. 37, par. 804-23)
11    Sec. 4-23. Order of protection.
12    (1) The court may make an order of protection in
13assistance of or as a condition of any other order authorized
14by this Act. The order of protection may set forth reasonable
15conditions of behavior to be observed for a specified period.
16Such an order may require a person:
17        (a) To stay away from the home or the minor;
18        (b) To permit a parent to visit the minor at stated
19    periods;
20        (c) To abstain from offensive conduct against the
21    minor, his parent or any person to whom custody of the
22    minor is awarded;
23        (d) To give proper attention to the care of the home;
24        (e) To cooperate in good faith with an agency to which
25    custody of a minor is entrusted by the court or with an

 

 

SB2037- 1773 -LRB102 17120 WGH 22551 b

1    agency or association to which the minor is referred by
2    the court;
3        (f) To prohibit and prevent any contact whatsoever
4    with the respondent minor by a specified individual or
5    individuals who are alleged in either a criminal or
6    juvenile proceeding to have caused injury to a respondent
7    minor or a sibling of a respondent minor;
8        (g) To refrain from acts of commission or omission
9    that tend to make the home not a proper place for the
10    minor.
11    (2) The court shall enter an order of protection to
12prohibit and prevent any contact between a respondent minor or
13a sibling of a respondent minor and any person named in a
14petition seeking an order of protection who has been convicted
15of heinous battery or aggravated battery under subdivision
16(a)(2) of Section 12-3.05, aggravated battery of a child or
17aggravated battery under subdivision (b)(1) of Section
1812-3.05, criminal sexual assault, aggravated criminal sexual
19assault, predatory criminal sexual assault of a child,
20criminal sexual abuse, or aggravated criminal sexual abuse as
21described in the Criminal Code of 1961 or the Criminal Code of
222012, or has been convicted of an offense that resulted in the
23death of a child, or has violated a previous order of
24protection under this Section.
25    (3) When the court issues an order of protection against
26any person as provided by this Section, the court shall direct

 

 

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1a copy of such order to the Sheriff of that county. The Sheriff
2shall furnish a copy of the order of protection to the Illinois
3Department of State Police within 24 hours of receipt, in the
4form and manner required by the Department. The Illinois
5Department of State Police shall maintain a complete record
6and index of such orders of protection and make this data
7available to all local law enforcement agencies.
8    (4) After notice and opportunity for hearing afforded to a
9person subject to an order of protection, the order may be
10modified or extended for a further specified period or both or
11may be terminated if the court finds that the best interests of
12the minor and the public will be served thereby.
13    (5) An order of protection may be sought at any time during
14the course of any proceeding conducted pursuant to this Act.
15Any person against whom an order of protection is sought may
16retain counsel to represent him at a hearing, and has rights to
17be present at the hearing, to be informed prior to the hearing
18in writing of the contents of the petition seeking a
19protective order and of the date, place and time of such
20hearing, and to cross examine witnesses called by the
21petitioner and to present witnesses and argument in opposition
22to the relief sought in the petition.
23    (6) Diligent efforts shall be made by the petitioner to
24serve any person or persons against whom any order of
25protection is sought with written notice of the contents of
26the petition seeking a protective order and of the date, place

 

 

SB2037- 1775 -LRB102 17120 WGH 22551 b

1and time at which the hearing on the petition is to be held.
2When a protective order is being sought in conjunction with a
3shelter care hearing, if the court finds that the person
4against whom the protective order is being sought has been
5notified of the hearing or that diligent efforts have been
6made to notify such person, the court may conduct a hearing. If
7a protective order is sought at any time other than in
8conjunction with a shelter care hearing, the court may not
9conduct a hearing on the petition in the absence of the person
10against whom the order is sought unless the petitioner has
11notified such person by personal service at least 3 days
12before the hearing or has sent written notice by first class
13mail to such person's last known address at least 5 days before
14the hearing.
15    (7) A person against whom an order of protection is being
16sought who is neither a parent, guardian, legal custodian or
17responsible relative as described in Section 1-5 is not a
18party or respondent as defined in that Section and shall not be
19entitled to the rights provided therein. Such person does not
20have a right to appointed counsel or to be present at any
21hearing other than the hearing in which the order of
22protection is being sought or a hearing directly pertaining to
23that order. Unless the court orders otherwise, such person
24does not have a right to inspect the court file.
25    (8) All protective orders entered under this Section shall
26be in writing. Unless the person against whom the order was

 

 

SB2037- 1776 -LRB102 17120 WGH 22551 b

1obtained was present in court when the order was issued, the
2sheriff, other law enforcement official or special process
3server shall promptly serve that order upon that person and
4file proof of such service, in the manner provided for service
5of process in civil proceedings. The person against whom the
6protective order was obtained may seek a modification of the
7order by filing a written motion to modify the order within 7
8days after actual receipt by the person of a copy of the order.
9(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11;
1096-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff.
111-1-13; 97-1150, eff. 1-25-13.)
 
12    (705 ILCS 405/5-105)
13    Sec. 5-105. Definitions. As used in this Article:
14        (1) "Aftercare release" means the conditional and
15    revocable release of an adjudicated delinquent juvenile
16    committed to the Department of Juvenile Justice under the
17    supervision of the Department of Juvenile Justice.
18        (1.5) "Court" means the circuit court in a session or
19    division assigned to hear proceedings under this Act, and
20    includes the term Juvenile Court.
21        (2) "Community service" means uncompensated labor for
22    a community service agency as hereinafter defined.
23        (2.5) "Community service agency" means a
24    not-for-profit organization, community organization,
25    church, charitable organization, individual, public

 

 

SB2037- 1777 -LRB102 17120 WGH 22551 b

1    office, or other public body whose purpose is to enhance
2    the physical or mental health of a delinquent minor or to
3    rehabilitate the minor, or to improve the environmental
4    quality or social welfare of the community which agrees to
5    accept community service from juvenile delinquents and to
6    report on the progress of the community service to the
7    State's Attorney pursuant to an agreement or to the court
8    or to any agency designated by the court or to the
9    authorized diversion program that has referred the
10    delinquent minor for community service.
11        (3) "Delinquent minor" means any minor who prior to
12    his or her 18th birthday has violated or attempted to
13    violate, regardless of where the act occurred, any
14    federal, State, county or municipal law or ordinance.
15        (4) "Department" means the Department of Human
16    Services unless specifically referenced as another
17    department.
18        (5) "Detention" means the temporary care of a minor
19    who is alleged to be or has been adjudicated delinquent
20    and who requires secure custody for the minor's own
21    protection or the community's protection in a facility
22    designed to physically restrict the minor's movements,
23    pending disposition by the court or execution of an order
24    of the court for placement or commitment. Design features
25    that physically restrict movement include, but are not
26    limited to, locked rooms and the secure handcuffing of a

 

 

SB2037- 1778 -LRB102 17120 WGH 22551 b

1    minor to a rail or other stationary object. In addition,
2    "detention" includes the court ordered care of an alleged
3    or adjudicated delinquent minor who requires secure
4    custody pursuant to Section 5-125 of this Act.
5        (6) "Diversion" means the referral of a juvenile,
6    without court intervention, into a program that provides
7    services designed to educate the juvenile and develop a
8    productive and responsible approach to living in the
9    community.
10        (7) "Juvenile detention home" means a public facility
11    with specially trained staff that conforms to the county
12    juvenile detention standards adopted by the Department of
13    Juvenile Justice.
14        (8) "Juvenile justice continuum" means a set of
15    delinquency prevention programs and services designed for
16    the purpose of preventing or reducing delinquent acts,
17    including criminal activity by youth gangs, as well as
18    intervention, rehabilitation, and prevention services
19    targeted at minors who have committed delinquent acts, and
20    minors who have previously been committed to residential
21    treatment programs for delinquents. The term includes
22    children-in-need-of-services and
23    families-in-need-of-services programs; aftercare and
24    reentry services; substance abuse and mental health
25    programs; community service programs; community service
26    work programs; and alternative-dispute resolution programs

 

 

SB2037- 1779 -LRB102 17120 WGH 22551 b

1    serving youth-at-risk of delinquency and their families,
2    whether offered or delivered by State or local
3    governmental entities, public or private for-profit or
4    not-for-profit organizations, or religious or charitable
5    organizations. This term would also encompass any program
6    or service consistent with the purpose of those programs
7    and services enumerated in this subsection.
8        (9) "Juvenile police officer" means a sworn police
9    officer who has completed a Basic Recruit Training Course,
10    has been assigned to the position of juvenile police
11    officer by his or her chief law enforcement officer and
12    has completed the necessary juvenile officers training as
13    prescribed by the Illinois Law Enforcement Training
14    Standards Board, or in the case of a State police officer,
15    juvenile officer training approved by the Director of the
16    Illinois State Police.
17        (10) "Minor" means a person under the age of 21 years
18    subject to this Act.
19        (11) "Non-secure custody" means confinement where the
20    minor is not physically restricted by being placed in a
21    locked cell or room, by being handcuffed to a rail or other
22    stationary object, or by other means. Non-secure custody
23    may include, but is not limited to, electronic monitoring,
24    foster home placement, home confinement, group home
25    placement, or physical restriction of movement or activity
26    solely through facility staff.

 

 

SB2037- 1780 -LRB102 17120 WGH 22551 b

1        (12) "Public or community service" means uncompensated
2    labor for a not-for-profit organization or public body
3    whose purpose is to enhance physical or mental stability
4    of the offender, environmental quality or the social
5    welfare and which agrees to accept public or community
6    service from offenders and to report on the progress of
7    the offender and the public or community service to the
8    court or to the authorized diversion program that has
9    referred the offender for public or community service.
10    "Public or community service" does not include blood
11    donation or assignment to labor at a blood bank. For the
12    purposes of this Act, "blood bank" has the meaning
13    ascribed to the term in Section 2-124 of the Illinois
14    Clinical Laboratory and Blood Bank Act.
15        (13) "Sentencing hearing" means a hearing to determine
16    whether a minor should be adjudged a ward of the court, and
17    to determine what sentence should be imposed on the minor.
18    It is the intent of the General Assembly that the term
19    "sentencing hearing" replace the term "dispositional
20    hearing" and be synonymous with that definition as it was
21    used in the Juvenile Court Act of 1987.
22        (14) "Shelter" means the temporary care of a minor in
23    physically unrestricting facilities pending court
24    disposition or execution of court order for placement.
25        (15) "Site" means a not-for-profit organization,
26    public body, church, charitable organization, or

 

 

SB2037- 1781 -LRB102 17120 WGH 22551 b

1    individual agreeing to accept community service from
2    offenders and to report on the progress of ordered or
3    required public or community service to the court or to
4    the authorized diversion program that has referred the
5    offender for public or community service.
6        (16) "Station adjustment" means the informal or formal
7    handling of an alleged offender by a juvenile police
8    officer.
9        (17) "Trial" means a hearing to determine whether the
10    allegations of a petition under Section 5-520 that a minor
11    is delinquent are proved beyond a reasonable doubt. It is
12    the intent of the General Assembly that the term "trial"
13    replace the term "adjudicatory hearing" and be synonymous
14    with that definition as it was used in the Juvenile Court
15    Act of 1987.
16    The changes made to this Section by Public Act 98-61 apply
17to violations or attempted violations committed on or after
18January 1, 2014 (the effective date of Public Act 98-61).
19(Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; 98-685,
20eff. 1-1-15; 98-756, eff. 7-16-14; 98-824, eff. 1-1-15; 99-78,
21eff. 7-20-15.)
 
22    (705 ILCS 405/5-301)
23    Sec. 5-301. Station adjustments. A minor arrested for any
24offense or a violation of a condition of previous station
25adjustment may receive a station adjustment for that arrest as

 

 

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1provided herein. In deciding whether to impose a station
2adjustment, either informal or formal, a juvenile police
3officer shall consider the following factors:
4        (A) The seriousness of the alleged offense.
5        (B) The prior history of delinquency of the minor.
6        (C) The age of the minor.
7        (D) The culpability of the minor in committing the
8    alleged offense.
9        (E) Whether the offense was committed in an aggressive
10    or premeditated manner.
11        (F) Whether the minor used or possessed a deadly
12    weapon when committing the alleged offenses.
13    (1) Informal station adjustment.
14        (a) An informal station adjustment is defined as a
15    procedure when a juvenile police officer determines that
16    there is probable cause to believe that the minor has
17    committed an offense.
18        (b) A minor shall receive no more than 3 informal
19    station adjustments statewide for a misdemeanor offense
20    within 3 years without prior approval from the State's
21    Attorney's Office.
22        (c) A minor shall receive no more than 3 informal
23    station adjustments statewide for a felony offense within
24    3 years without prior approval from the State's Attorney's
25    Office.
26        (d) A minor shall receive a combined total of no more

 

 

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1    than 5 informal station adjustments statewide during his
2    or her minority.
3        (e) The juvenile police officer may make reasonable
4    conditions of an informal station adjustment which may
5    include but are not limited to:
6            (i) Curfew.
7            (ii) Conditions restricting entry into designated
8        geographical areas.
9            (iii) No contact with specified persons.
10            (iv) School attendance.
11            (v) Performing up to 25 hours of community service
12        work.
13            (vi) Community mediation.
14            (vii) Teen court or a peer court.
15            (viii) Restitution limited to 90 days.
16        (f) If the minor refuses or fails to abide by the
17    conditions of an informal station adjustment, the juvenile
18    police officer may impose a formal station adjustment or
19    refer the matter to the State's Attorney's Office.
20        (g) An informal station adjustment does not constitute
21    an adjudication of delinquency or a criminal conviction.
22    Beginning January 1, 2000, a record shall be maintained
23    with the Illinois Department of State Police for informal
24    station adjustments for offenses that would be a felony if
25    committed by an adult, and may be maintained if the
26    offense would be a misdemeanor.

 

 

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1    (2) Formal station adjustment.
2        (a) A formal station adjustment is defined as a
3    procedure when a juvenile police officer determines that
4    there is probable cause to believe the minor has committed
5    an offense and an admission by the minor of involvement in
6    the offense.
7        (b) The minor and parent, guardian, or legal custodian
8    must agree in writing to the formal station adjustment and
9    must be advised of the consequences of violation of any
10    term of the agreement.
11        (c) The minor and parent, guardian or legal custodian
12    shall be provided a copy of the signed agreement of the
13    formal station adjustment. The agreement shall include:
14            (i) The offense which formed the basis of the
15        formal station adjustment.
16            (ii) An acknowledgment that the terms of the
17        formal station adjustment and the consequences for
18        violation have been explained.
19            (iii) An acknowledgment that the formal station
20        adjustments record may be expunged under Section 5-915
21        of this Act.
22            (iv) An acknowledgment acknowledgement that the
23        minor understands that his or her admission of
24        involvement in the offense may be admitted into
25        evidence in future court hearings.
26            (v) A statement that all parties understand the

 

 

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1        terms and conditions of formal station adjustment and
2        agree to the formal station adjustment process.
3        (d) Conditions of the formal station adjustment may
4    include, but are not limited to:
5            (i) The time shall not exceed 120 days.
6            (ii) The minor shall not violate any laws.
7            (iii) The juvenile police officer may require the
8        minor to comply with additional conditions for the
9        formal station adjustment which may include but are
10        not limited to:
11                (a) Attending school.
12                (b) Abiding by a set curfew.
13                (c) Payment of restitution.
14                (d) Refraining from possessing a firearm or
15            other weapon.
16                (e) Reporting to a police officer at
17            designated times and places, including reporting
18            and verification that the minor is at home at
19            designated hours.
20                (f) Performing up to 25 hours of community
21            service work.
22                (g) Refraining from entering designated
23            geographical areas.
24                (h) Participating in community mediation.
25                (i) Participating in teen court or peer court.
26                (j) Refraining from contact with specified

 

 

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1            persons.
2        (e) A formal station adjustment does not constitute an
3    adjudication of delinquency or a criminal conviction.
4    Beginning January 1, 2000, a record shall be maintained
5    with the Illinois Department of State Police for formal
6    station adjustments.
7        (f) A minor or the minor's parent, guardian, or legal
8    custodian, or both the minor and the minor's parent,
9    guardian, or legal custodian, may refuse a formal station
10    adjustment and have the matter referred for court action
11    or other appropriate action.
12        (g) A minor or the minor's parent, guardian, or legal
13    custodian, or both the minor and the minor's parent,
14    guardian, or legal custodian, may within 30 days of the
15    commencement of the formal station adjustment revoke their
16    consent and have the matter referred for court action or
17    other appropriate action. This revocation must be in
18    writing and personally served upon the police officer or
19    his or her supervisor.
20        (h) The admission of the minor as to involvement in
21    the offense shall be admissible at further court hearings
22    as long as the statement would be admissible under the
23    rules of evidence.
24        (i) If the minor violates any term or condition of the
25    formal station adjustment the juvenile police officer
26    shall provide written notice of violation to the minor and

 

 

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1    the minor's parent, guardian, or legal custodian. After
2    consultation with the minor and the minor's parent,
3    guardian, or legal custodian, the juvenile police officer
4    may take any of the following steps upon violation:
5            (i) Warn the minor of consequences of continued
6        violations and continue the formal station adjustment.
7            (ii) Extend the period of the formal station
8        adjustment up to a total of 180 days.
9            (iii) Extend the hours of community service work
10        up to a total of 40 hours.
11            (iv) Terminate the formal station adjustment
12        unsatisfactorily and take no other action.
13            (v) Terminate the formal station adjustment
14        unsatisfactorily and refer the matter to the juvenile
15        court.
16        (j) A minor shall receive no more than 2 formal
17    station adjustments statewide for a felony offense without
18    the State's Attorney's approval within a 3 year period.
19        (k) A minor shall receive no more than 3 formal
20    station adjustments statewide for a misdemeanor offense
21    without the State's Attorney's approval within a 3 year
22    period.
23        (l) The total for formal station adjustments statewide
24    within the period of minority may not exceed 4 without the
25    State's Attorney's approval.
26        (m) If the minor is arrested in a jurisdiction where

 

 

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1    the minor does not reside, the formal station adjustment
2    may be transferred to the jurisdiction where the minor
3    does reside upon written agreement of that jurisdiction to
4    monitor the formal station adjustment.
5    (3) Beginning January 1, 2000, the juvenile police officer
6making a station adjustment shall assure that information
7about any offense which would constitute a felony if committed
8by an adult and may assure that information about a
9misdemeanor is transmitted to the Illinois Department of State
10Police.
11    (4) The total number of station adjustments, both formal
12and informal, shall not exceed 9 without the State's
13Attorney's approval for any minor arrested anywhere in the
14State.
15(Source: P.A. 99-78, eff. 7-20-15.)
 
16    (705 ILCS 405/5-305)
17    Sec. 5-305. Probation adjustment.
18    (1) The court may authorize the probation officer to
19confer in a preliminary conference with a minor who is alleged
20to have committed an offense, his or her parent, guardian or
21legal custodian, the victim, the juvenile police officer, the
22State's Attorney, and other interested persons concerning the
23advisability of filing a petition under Section 5-520, with a
24view to adjusting suitable cases without the filing of a
25petition as provided for in this Article, the probation

 

 

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1officer should schedule a conference promptly except when the
2State's Attorney insists on court action or when the minor has
3indicated that he or she will demand a judicial hearing and
4will not comply with a probation adjustment.
5    (1-b) In any case of a minor who is in custody, the holding
6of a probation adjustment conference does not operate to
7prolong temporary custody beyond the period permitted by
8Section 5-415.
9    (2) This Section does not authorize any probation officer
10to compel any person to appear at any conference, produce any
11papers, or visit any place.
12    (3) No statement made during a preliminary conference in
13regard to the offense that is the subject of the conference may
14be admitted into evidence at an adjudicatory hearing or at any
15proceeding against the minor under the criminal laws of this
16State prior to his or her conviction under those laws.
17    (4) When a probation adjustment is appropriate, the
18probation officer shall promptly formulate a written,
19non-judicial adjustment plan following the initial conference.
20    (5) Non-judicial probation adjustment plans include but
21are not limited to the following:
22        (a) up to 6 months informal supervision within the
23    family;
24        (b) up to 12 months informal supervision with a
25    probation officer involved which may include any
26    conditions of probation provided in Section 5-715;

 

 

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1        (c) up to 6 months informal supervision with release
2    to a person other than a parent;
3        (d) referral to special educational, counseling, or
4    other rehabilitative social or educational programs;
5        (e) referral to residential treatment programs;
6        (f) participation in a public or community service
7    program or activity; and
8        (g) any other appropriate action with the consent of
9    the minor and a parent.
10    (6) The factors to be considered by the probation officer
11in formulating a non-judicial probation adjustment plan shall
12be the same as those limited in subsection (4) of Section
135-405.
14    (7) Beginning January 1, 2000, the probation officer who
15imposes a probation adjustment plan shall assure that
16information about an offense which would constitute a felony
17if committed by an adult, and may assure that information
18about a misdemeanor offense, is transmitted to the Illinois
19Department of State Police.
20    (8) If the minor fails to comply with any term or condition
21of the non-judicial probation adjustment, the matter shall be
22referred to the State's Attorney for determination of whether
23a petition under this Article shall be filed.
24(Source: P.A. 98-892, eff. 1-1-15.)
 
25    (705 ILCS 405/5-730)

 

 

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1    Sec. 5-730. Order of protection.
2    (1) The court may make an order of protection in
3assistance of or as a condition of any other order authorized
4by this Act. The order of protection may set forth reasonable
5conditions of behavior to be observed for a specified period.
6The order may require a person:
7        (a) to stay away from the home or the minor;
8        (b) to permit a parent to visit the minor at stated
9    periods;
10        (c) to abstain from offensive conduct against the
11    minor, his or her parent or any person to whom custody of
12    the minor is awarded;
13        (d) to give proper attention to the care of the home;
14        (e) to cooperate in good faith with an agency to which
15    custody of a minor is entrusted by the court or with an
16    agency or association to which the minor is referred by
17    the court;
18        (f) to prohibit and prevent any contact whatsoever
19    with the respondent minor by a specified individual or
20    individuals who are alleged in either a criminal or
21    juvenile proceeding to have caused injury to a respondent
22    minor or a sibling of a respondent minor;
23        (g) to refrain from acts of commission or omission
24    that tend to make the home not a proper place for the
25    minor.
26    (2) The court shall enter an order of protection to

 

 

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1prohibit and prevent any contact between a respondent minor or
2a sibling of a respondent minor and any person named in a
3petition seeking an order of protection who has been convicted
4of heinous battery or aggravated battery under subdivision
5(a)(2) of Section 12-3.05, aggravated battery of a child or
6aggravated battery under subdivision (b)(1) of Section
712-3.05, criminal sexual assault, aggravated criminal sexual
8assault, predatory criminal sexual assault of a child,
9criminal sexual abuse, or aggravated criminal sexual abuse as
10described in the Criminal Code of 1961 or the Criminal Code of
112012, or has been convicted of an offense that resulted in the
12death of a child, or has violated a previous order of
13protection under this Section.
14    (3) When the court issues an order of protection against
15any person as provided by this Section, the court shall direct
16a copy of such order to the sheriff of that county. The sheriff
17shall furnish a copy of the order of protection to the Illinois
18Department of State Police within 24 hours of receipt, in the
19form and manner required by the Department. The Illinois
20Department of State Police shall maintain a complete record
21and index of the orders of protection and make this data
22available to all local law enforcement agencies.
23    (4) After notice and opportunity for hearing afforded to a
24person subject to an order of protection, the order may be
25modified or extended for a further specified period or both or
26may be terminated if the court finds that the best interests of

 

 

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1the minor and the public will be served by the modification,
2extension, or termination.
3    (5) An order of protection may be sought at any time during
4the course of any proceeding conducted under this Act. Any
5person against whom an order of protection is sought may
6retain counsel to represent him or her at a hearing, and has
7rights to be present at the hearing, to be informed prior to
8the hearing in writing of the contents of the petition seeking
9a protective order and of the date, place, and time of the
10hearing, and to cross-examine witnesses called by the
11petitioner and to present witnesses and argument in opposition
12to the relief sought in the petition.
13    (6) Diligent efforts shall be made by the petitioner to
14serve any person or persons against whom any order of
15protection is sought with written notice of the contents of
16the petition seeking a protective order and of the date, place
17and time at which the hearing on the petition is to be held.
18When a protective order is being sought in conjunction with a
19shelter care or detention hearing, if the court finds that the
20person against whom the protective order is being sought has
21been notified of the hearing or that diligent efforts have
22been made to notify the person, the court may conduct a
23hearing. If a protective order is sought at any time other than
24in conjunction with a shelter care or detention hearing, the
25court may not conduct a hearing on the petition in the absence
26of the person against whom the order is sought unless the

 

 

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1petitioner has notified the person by personal service at
2least 3 days before the hearing or has sent written notice by
3first class mail to the person's last known address at least 5
4days before the hearing.
5    (7) A person against whom an order of protection is being
6sought who is neither a parent, guardian, or legal custodian
7or responsible relative as described in Section 1-5 of this
8Act or is not a party or respondent as defined in that Section
9shall not be entitled to the rights provided in that Section.
10The person does not have a right to appointed counsel or to be
11present at any hearing other than the hearing in which the
12order of protection is being sought or a hearing directly
13pertaining to that order. Unless the court orders otherwise,
14the person does not have a right to inspect the court file.
15    (8) All protective orders entered under this Section shall
16be in writing. Unless the person against whom the order was
17obtained was present in court when the order was issued, the
18sheriff, other law enforcement official, or special process
19server shall promptly serve that order upon that person and
20file proof of that service, in the manner provided for service
21of process in civil proceedings. The person against whom the
22protective order was obtained may seek a modification of the
23order by filing a written motion to modify the order within 7
24days after actual receipt by the person of a copy of the order.
25(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11;
2696-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff.

 

 

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11-1-13; 97-1150, eff. 1-25-13.)
 
2    (705 ILCS 405/5-901)
3    Sec. 5-901. Court file.
4    (1) The Court file with respect to proceedings under this
5Article shall consist of the petitions, pleadings, victim
6impact statements, process, service of process, orders, writs
7and docket entries reflecting hearings held and judgments and
8decrees entered by the court. The court file shall be kept
9separate from other records of the court.
10        (a) The file, including information identifying the
11    victim or alleged victim of any sex offense, shall be
12    disclosed only to the following parties when necessary for
13    discharge of their official duties:
14            (i) A judge of the circuit court and members of the
15        staff of the court designated by the judge;
16            (ii) Parties to the proceedings and their
17        attorneys;
18            (iii) Victims and their attorneys, except in cases
19        of multiple victims of sex offenses in which case the
20        information identifying the nonrequesting victims
21        shall be redacted;
22            (iv) Probation officers, law enforcement officers
23        or prosecutors or their staff;
24            (v) Adult and juvenile Prisoner Review Boards.
25        (b) The Court file redacted to remove any information

 

 

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1    identifying the victim or alleged victim of any sex
2    offense shall be disclosed only to the following parties
3    when necessary for discharge of their official duties:
4            (i) Authorized military personnel;
5            (ii) Persons engaged in bona fide research, with
6        the permission of the judge of the juvenile court and
7        the chief executive of the agency that prepared the
8        particular recording: provided that publication of
9        such research results in no disclosure of a minor's
10        identity and protects the confidentiality of the
11        record;
12            (iii) The Secretary of State to whom the Clerk of
13        the Court shall report the disposition of all cases,
14        as required in Section 6-204 or Section 6-205.1 of the
15        Illinois Vehicle Code. However, information reported
16        relative to these offenses shall be privileged and
17        available only to the Secretary of State, courts, and
18        police officers;
19            (iv) The administrator of a bonafide substance
20        abuse student assistance program with the permission
21        of the presiding judge of the juvenile court;
22            (v) Any individual, or any public or private
23        agency or institution, having custody of the juvenile
24        under court order or providing educational, medical or
25        mental health services to the juvenile or a
26        court-approved advocate for the juvenile or any

 

 

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1        placement provider or potential placement provider as
2        determined by the court.
3    (3) A minor who is the victim or alleged victim in a
4juvenile proceeding shall be provided the same confidentiality
5regarding disclosure of identity as the minor who is the
6subject of record. Information identifying victims and alleged
7victims of sex offenses, shall not be disclosed or open to
8public inspection under any circumstances. Nothing in this
9Section shall prohibit the victim or alleged victim of any sex
10offense from voluntarily disclosing his or her identity.
11    (4) Relevant information, reports and records shall be
12made available to the Department of Juvenile Justice when a
13juvenile offender has been placed in the custody of the
14Department of Juvenile Justice.
15    (5) Except as otherwise provided in this subsection (5),
16juvenile court records shall not be made available to the
17general public but may be inspected by representatives of
18agencies, associations and news media or other properly
19interested persons by general or special order of the court.
20The State's Attorney, the minor, his or her parents, guardian
21and counsel shall at all times have the right to examine court
22files and records.
23        (a) The court shall allow the general public to have
24    access to the name, address, and offense of a minor who is
25    adjudicated a delinquent minor under this Act under either
26    of the following circumstances:

 

 

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1            (i) The adjudication of delinquency was based upon
2        the minor's commission of first degree murder, attempt
3        to commit first degree murder, aggravated criminal
4        sexual assault, or criminal sexual assault; or
5            (ii) The court has made a finding that the minor
6        was at least 13 years of age at the time the act was
7        committed and the adjudication of delinquency was
8        based upon the minor's commission of: (A) an act in
9        furtherance of the commission of a felony as a member
10        of or on behalf of a criminal street gang, (B) an act
11        involving the use of a firearm in the commission of a
12        felony, (C) an act that would be a Class X felony
13        offense under or the minor's second or subsequent
14        Class 2 or greater felony offense under the Cannabis
15        Control Act if committed by an adult, (D) an act that
16        would be a second or subsequent offense under Section
17        402 of the Illinois Controlled Substances Act if
18        committed by an adult, (E) an act that would be an
19        offense under Section 401 of the Illinois Controlled
20        Substances Act if committed by an adult, or (F) an act
21        that would be an offense under the Methamphetamine
22        Control and Community Protection Act if committed by
23        an adult.
24        (b) The court shall allow the general public to have
25    access to the name, address, and offense of a minor who is
26    at least 13 years of age at the time the offense is

 

 

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1    committed and who is convicted, in criminal proceedings
2    permitted or required under Section 5-805, under either of
3    the following circumstances:
4            (i) The minor has been convicted of first degree
5        murder, attempt to commit first degree murder,
6        aggravated criminal sexual assault, or criminal sexual
7        assault,
8            (ii) The court has made a finding that the minor
9        was at least 13 years of age at the time the offense
10        was committed and the conviction was based upon the
11        minor's commission of: (A) an offense in furtherance
12        of the commission of a felony as a member of or on
13        behalf of a criminal street gang, (B) an offense
14        involving the use of a firearm in the commission of a
15        felony, (C) a Class X felony offense under the
16        Cannabis Control Act or a second or subsequent Class 2
17        or greater felony offense under the Cannabis Control
18        Act, (D) a second or subsequent offense under Section
19        402 of the Illinois Controlled Substances Act, (E) an
20        offense under Section 401 of the Illinois Controlled
21        Substances Act, or (F) an offense under the
22        Methamphetamine Control and Community Protection Act.
23    (6) Nothing in this Section shall be construed to limit
24the use of an a adjudication of delinquency as evidence in any
25juvenile or criminal proceeding, where it would otherwise be
26admissible under the rules of evidence, including but not

 

 

SB2037- 1800 -LRB102 17120 WGH 22551 b

1limited to, use as impeachment evidence against any witness,
2including the minor if he or she testifies.
3    (7) Nothing in this Section shall affect the right of a
4Civil Service Commission or appointing authority examining the
5character and fitness of an applicant for a position as a law
6enforcement officer to ascertain whether that applicant was
7ever adjudicated to be a delinquent minor and, if so, to
8examine the records or evidence which were made in proceedings
9under this Act.
10    (8) Following any adjudication of delinquency for a crime
11which would be a felony if committed by an adult, or following
12any adjudication of delinquency for a violation of Section
1324-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
14Criminal Code of 2012, the State's Attorney shall ascertain
15whether the minor respondent is enrolled in school and, if so,
16shall provide a copy of the sentencing order to the principal
17or chief administrative officer of the school. Access to such
18juvenile records shall be limited to the principal or chief
19administrative officer of the school and any guidance
20counselor designated by him or her.
21    (9) Nothing contained in this Act prevents the sharing or
22disclosure of information or records relating or pertaining to
23juveniles subject to the provisions of the Serious Habitual
24Offender Comprehensive Action Program when that information is
25used to assist in the early identification and treatment of
26habitual juvenile offenders.

 

 

SB2037- 1801 -LRB102 17120 WGH 22551 b

1    (11) The Clerk of the Circuit Court shall report to the
2Illinois Department of State Police, in the form and manner
3required by the Illinois Department of State Police, the final
4disposition of each minor who has been arrested or taken into
5custody before his or her 18th birthday for those offenses
6required to be reported under Section 5 of the Criminal
7Identification Act. Information reported to the Department
8under this Section may be maintained with records that the
9Department files under Section 2.1 of the Criminal
10Identification Act.
11    (12) Information or records may be disclosed to the
12general public when the court is conducting hearings under
13Section 5-805 or 5-810.
14    (13) The changes made to this Section by Public Act 98-61
15apply to juvenile court records of a minor who has been
16arrested or taken into custody on or after January 1, 2014 (the
17effective date of Public Act 98-61).
18(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
1998-756, eff. 7-16-14.)
 
20    (705 ILCS 405/5-915)
21    Sec. 5-915. Expungement of juvenile law enforcement and
22juvenile court records.
23    (0.05) (Blank).
24    (0.1) (a) The Illinois Department of State Police and all
25law enforcement agencies within the State shall automatically

 

 

SB2037- 1802 -LRB102 17120 WGH 22551 b

1expunge, on or before January 1 of each year, all juvenile law
2enforcement records relating to events occurring before an
3individual's 18th birthday if:
4        (1) one year or more has elapsed since the date of the
5    arrest or law enforcement interaction documented in the
6    records;
7        (2) no petition for delinquency or criminal charges
8    were filed with the clerk of the circuit court relating to
9    the arrest or law enforcement interaction documented in
10    the records; and
11        (3) 6 months have elapsed since the date of the arrest
12    without an additional subsequent arrest or filing of a
13    petition for delinquency or criminal charges whether
14    related or not to the arrest or law enforcement
15    interaction documented in the records.
16    (b) If the law enforcement agency is unable to verify
17satisfaction of conditions (2) and (3) of this subsection
18(0.1), records that satisfy condition (1) of this subsection
19(0.1) shall be automatically expunged if the records relate to
20an offense that if committed by an adult would not be an
21offense classified as a Class 2 felony or higher, an offense
22under Article 11 of the Criminal Code of 1961 or Criminal Code
23of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
2412-15, or 12-16 of the Criminal Code of 1961.
25    (0.15) If a juvenile law enforcement record meets
26paragraph (a) of subsection (0.1) of this Section, a juvenile

 

 

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1law enforcement record created:
2        (1) prior to January 1, 2018, but on or after January
3    1, 2013 shall be automatically expunged prior to January
4    1, 2020;
5        (2) prior to January 1, 2013, but on or after January
6    1, 2000, shall be automatically expunged prior to January
7    1, 2023; and
8        (3) prior to January 1, 2000 shall not be subject to
9    the automatic expungement provisions of this Act.
10Nothing in this subsection (0.15) shall be construed to
11restrict or modify an individual's right to have his or her
12juvenile law enforcement records expunged except as otherwise
13may be provided in this Act.
14    (0.2) (a) Upon dismissal of a petition alleging
15delinquency or upon a finding of not delinquent, the
16successful termination of an order of supervision, or the
17successful termination of an adjudication for an offense which
18would be a Class B misdemeanor, Class C misdemeanor, or a petty
19or business offense if committed by an adult, the court shall
20automatically order the expungement of the juvenile court
21records and juvenile law enforcement records. The clerk shall
22deliver a certified copy of the expungement order to the
23Illinois Department of State Police and the arresting agency.
24Upon request, the State's Attorney shall furnish the name of
25the arresting agency. The expungement shall be completed
26within 60 business days after the receipt of the expungement

 

 

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1order.
2    (b) If the chief law enforcement officer of the agency, or
3his or her designee, certifies in writing that certain
4information is needed for a pending investigation involving
5the commission of a felony, that information, and information
6identifying the juvenile, may be retained until the statute of
7limitations for the felony has run. If the chief law
8enforcement officer of the agency, or his or her designee,
9certifies in writing that certain information is needed with
10respect to an internal investigation of any law enforcement
11office, that information and information identifying the
12juvenile may be retained within an intelligence file until the
13investigation is terminated or the disciplinary action,
14including appeals, has been completed, whichever is later.
15Retention of a portion of a juvenile's law enforcement record
16does not disqualify the remainder of his or her record from
17immediate automatic expungement.
18    (0.3) (a) Upon an adjudication of delinquency based on any
19offense except a disqualified offense, the juvenile court
20shall automatically order the expungement of the juvenile
21court and law enforcement records 2 years after the juvenile's
22case was closed if no delinquency or criminal proceeding is
23pending and the person has had no subsequent delinquency
24adjudication or criminal conviction. The clerk shall deliver a
25certified copy of the expungement order to the Illinois
26Department of State Police and the arresting agency. Upon

 

 

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1request, the State's Attorney shall furnish the name of the
2arresting agency. The expungement shall be completed within 60
3business days after the receipt of the expungement order. In
4this subsection (0.3), "disqualified offense" means any of the
5following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1,
69-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9,
711-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
812-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5,
912-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1,
1018-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
1124-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
1229D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
13Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
14of subsection (a) of Section 11-14.4, subsection (a-5) of
15Section 12-3.1, paragraph (1), (2), or (3) of subsection (a)
16of Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
17paragraph (1) or (2) of subsection (a) of Section 12-7.4,
18subparagraph (i) of paragraph (1) of subsection (a) of Section
1912-9, subparagraph (H) of paragraph (3) of subsection (a) of
20Section 24-1.6, paragraph (1) of subsection (a) of Section
2125-1, or subsection (a-7) of Section 31-1 of the Criminal Code
22of 2012.
23    (b) If the chief law enforcement officer of the agency, or
24his or her designee, certifies in writing that certain
25information is needed for a pending investigation involving
26the commission of a felony, that information, and information

 

 

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1identifying the juvenile, may be retained in an intelligence
2file until the investigation is terminated or for one
3additional year, whichever is sooner. Retention of a portion
4of a juvenile's juvenile law enforcement record does not
5disqualify the remainder of his or her record from immediate
6automatic expungement.
7    (0.4) Automatic expungement for the purposes of this
8Section shall not require law enforcement agencies to
9obliterate or otherwise destroy juvenile law enforcement
10records that would otherwise need to be automatically expunged
11under this Act, except after 2 years following the subject
12arrest for purposes of use in civil litigation against a
13governmental entity or its law enforcement agency or personnel
14which created, maintained, or used the records. However, these
15juvenile law enforcement records shall be considered expunged
16for all other purposes during this period and the offense,
17which the records or files concern, shall be treated as if it
18never occurred as required under Section 5-923.
19    (0.5) Subsection (0.1) or (0.2) of this Section does not
20apply to violations of traffic, boating, fish and game laws,
21or county or municipal ordinances.
22    (0.6) Juvenile law enforcement records of a plaintiff who
23has filed civil litigation against the governmental entity or
24its law enforcement agency or personnel that created,
25maintained, or used the records, or juvenile law enforcement
26records that contain information related to the allegations

 

 

SB2037- 1807 -LRB102 17120 WGH 22551 b

1set forth in the civil litigation may not be expunged until
2after 2 years have elapsed after the conclusion of the
3lawsuit, including any appeal.
4    (0.7) Officer-worn body camera recordings shall not be
5automatically expunged except as otherwise authorized by the
6Law Enforcement Officer-Worn Body Camera Act.
7    (1) Whenever a person has been arrested, charged, or
8adjudicated delinquent for an incident occurring before his or
9her 18th birthday that if committed by an adult would be an
10offense, and that person's juvenile law enforcement and
11juvenile court records are not eligible for automatic
12expungement under subsection (0.1), (0.2), or (0.3), the
13person may petition the court at any time for expungement of
14juvenile law enforcement records and juvenile court records
15relating to the incident and, upon termination of all juvenile
16court proceedings relating to that incident, the court shall
17order the expungement of all records in the possession of the
18Illinois Department of State Police, the clerk of the circuit
19court, and law enforcement agencies relating to the incident,
20but only in any of the following circumstances:
21        (a) the minor was arrested and no petition for
22    delinquency was filed with the clerk of the circuit court;
23        (a-5) the minor was charged with an offense and the
24    petition or petitions were dismissed without a finding of
25    delinquency;
26        (b) the minor was charged with an offense and was

 

 

SB2037- 1808 -LRB102 17120 WGH 22551 b

1    found not delinquent of that offense;
2        (c) the minor was placed under supervision under
3    Section 5-615, and the order of supervision has since been
4    successfully terminated; or
5        (d) the minor was adjudicated for an offense which
6    would be a Class B misdemeanor, Class C misdemeanor, or a
7    petty or business offense if committed by an adult.
8    (1.5) The Illinois Department of State Police shall allow
9a person to use the Access and Review process, established in
10the Illinois Department of State Police, for verifying that
11his or her juvenile law enforcement records relating to
12incidents occurring before his or her 18th birthday eligible
13under this Act have been expunged.
14    (1.6) (Blank).
15    (1.7) (Blank).
16    (1.8) (Blank).
17    (2) Any person whose delinquency adjudications are not
18eligible for automatic expungement under subsection (0.3) of
19this Section may petition the court to expunge all juvenile
20law enforcement records relating to any incidents occurring
21before his or her 18th birthday which did not result in
22proceedings in criminal court and all juvenile court records
23with respect to any adjudications except those based upon
24first degree murder or an offense under Article 11 of the
25Criminal Code of 2012 if the person is required to register
26under the Sex Offender Registration Act at the time he or she

 

 

SB2037- 1809 -LRB102 17120 WGH 22551 b

1petitions the court for expungement; provided that: (a)
2(blank); or (b) 2 years have elapsed since all juvenile court
3proceedings relating to him or her have been terminated and
4his or her commitment to the Department of Juvenile Justice
5under this Act has been terminated.
6    (2.5) If a minor is arrested and no petition for
7delinquency is filed with the clerk of the circuit court at the
8time the minor is released from custody, the youth officer, if
9applicable, or other designated person from the arresting
10agency, shall notify verbally and in writing to the minor or
11the minor's parents or guardians that the minor shall have an
12arrest record and shall provide the minor and the minor's
13parents or guardians with an expungement information packet,
14information regarding this State's expungement laws including
15a petition to expunge juvenile law enforcement and juvenile
16court records obtained from the clerk of the circuit court.
17    (2.6) If a minor is referred to court, then, at the time of
18sentencing, or dismissal of the case, or successful completion
19of supervision, the judge shall inform the delinquent minor of
20his or her rights regarding expungement and the clerk of the
21circuit court shall provide an expungement information packet
22to the minor, written in plain language, including information
23regarding this State's expungement laws and a petition for
24expungement, a sample of a completed petition, expungement
25instructions that shall include information informing the
26minor that (i) once the case is expunged, it shall be treated

 

 

SB2037- 1810 -LRB102 17120 WGH 22551 b

1as if it never occurred, (ii) he or she may apply to have
2petition fees waived, (iii) once he or she obtains an
3expungement, he or she may not be required to disclose that he
4or she had a juvenile law enforcement or juvenile court
5record, and (iv) if petitioning he or she may file the petition
6on his or her own or with the assistance of an attorney. The
7failure of the judge to inform the delinquent minor of his or
8her right to petition for expungement as provided by law does
9not create a substantive right, nor is that failure grounds
10for: (i) a reversal of an adjudication of delinquency; , (ii) a
11new trial; or (iii) an appeal.
12    (2.7) (Blank).
13    (2.8) (Blank).
14    (3) (Blank).
15    (3.1) (Blank).
16    (3.2) (Blank).
17    (3.3) (Blank).
18    (4) (Blank).
19    (5) (Blank).
20    (5.5) Whether or not expunged, records eligible for
21automatic expungement under subdivision (0.1)(a), (0.2)(a), or
22(0.3)(a) may be treated as expunged by the individual subject
23to the records.
24    (6) (Blank).
25    (6.5) The Illinois Department of State Police or any
26employee of the Illinois State Police Department shall be

 

 

SB2037- 1811 -LRB102 17120 WGH 22551 b

1immune from civil or criminal liability for failure to expunge
2any records of arrest that are subject to expungement under
3this Section because of inability to verify a record. Nothing
4in this Section shall create Illinois Department of State
5Police liability or responsibility for the expungement of
6juvenile law enforcement records it does not possess.
7    (7) (Blank).
8    (7.5) (Blank).
9    (8)(a) (Blank). (b) (Blank). (c) The expungement of
10juvenile law enforcement or juvenile court records under
11subsection (0.1), (0.2), or (0.3) of this Section shall be
12funded by appropriation by the General Assembly for that
13purpose.
14    (9) (Blank).
15    (10) (Blank).
16(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
17100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff.
188-3-18; 100-863, eff. 8-14-18; 100-987, eff. 7-1-19; 100-1162,
19eff. 12-20-18; revised 7-16-19.)
 
20    Section 980. The Criminal Code of 2012 is amended by
21changing Sections 3-7, 12-38, 12C-15, 14-3, 17-6.3, 24-1,
2224-1.1, 24-3, 24-3B, 24-6, 24-8, 24.8-5, 28-5, 29B-0.5, 29B-3,
2329B-4, 29B-12, 29B-20, 29B-25, 29B-26, 32-2, 32-8, 33-2,
2433-3.1, 33-3.2, 36-1.1, 36-1.3, 36-2.2, and 36-7 as follows:
 

 

 

SB2037- 1812 -LRB102 17120 WGH 22551 b

1    (720 ILCS 5/3-7)  (from Ch. 38, par. 3-7)
2    Sec. 3-7. Periods excluded from limitation.
3    (a) The period within which a prosecution must be
4commenced does not include any period in which:
5        (1) the defendant is not usually and publicly resident
6    within this State; or
7        (2) the defendant is a public officer and the offense
8    charged is theft of public funds while in public office;
9    or
10        (3) a prosecution is pending against the defendant for
11    the same conduct, even if the indictment or information
12    which commences the prosecution is quashed or the
13    proceedings thereon are set aside, or are reversed on
14    appeal; or
15        (4) a proceeding or an appeal from a proceeding
16    relating to the quashing or enforcement of a Grand Jury
17    subpoena issued in connection with an investigation of a
18    violation of a criminal law of this State is pending.
19    However, the period within which a prosecution must be
20    commenced includes any period in which the State brings a
21    proceeding or an appeal from a proceeding specified in
22    this paragraph (4); or
23        (5) a material witness is placed on active military
24    duty or leave. In this paragraph (5), "material witness"
25    includes, but is not limited to, the arresting officer,
26    occurrence witness, or the alleged victim of the offense;

 

 

SB2037- 1813 -LRB102 17120 WGH 22551 b

1    or
2        (6) the victim of unlawful force or threat of imminent
3    bodily harm to obtain information or a confession is
4    incarcerated, and the victim's incarceration, in whole or
5    in part, is a consequence of the unlawful force or
6    threats; or
7        (7) the sexual assault evidence is collected and
8    submitted to the Illinois Department of State Police until
9    the completion of the analysis of the submitted evidence.
10    (a-5) The prosecution shall not be required to prove at
11trial facts establishing periods excluded from the general
12limitations in Section 3-5 of this Code when the facts
13supporting periods being excluded from the general limitations
14are properly pled in the charging document. Any challenge
15relating to periods of exclusion as defined in this Section
16shall be exclusively conducted under Section 114-1 of the Code
17of Criminal Procedure of 1963.
18    (b) For the purposes of this Section:
19        "Completion of the analysis of the submitted evidence"
20    means analysis of the collected evidence and conducting of
21    laboratory tests and the comparison of the collected
22    evidence with the genetic marker grouping analysis
23    information maintained by the Illinois Department of State
24    Police under Section 5-4-3 of the Unified Code of
25    Corrections and with the information contained in the
26    Federal Bureau of Investigation's National DNA database.

 

 

SB2037- 1814 -LRB102 17120 WGH 22551 b

1        "Sexual assault" has the meaning ascribed to it in
2    Section 1a of the Sexual Assault Survivors Emergency
3    Treatment Act.
4        "Sexual assault evidence" has the meaning ascribed to
5    it in Section 5 of the Sexual Assault Evidence Submission
6    Act.
7(Source: P.A. 99-252, eff. 1-1-16; 100-434, eff. 1-1-18.)
 
8    (720 ILCS 5/12-38)
9    Sec. 12-38. Restrictions on purchase or acquisition of
10corrosive or caustic acid.
11    (a) A person seeking to purchase a substance which is
12regulated by Title 16 CFR Section 1500.129 of the Federal
13Caustic Poison Act and is required to contain the words
14"causes severe burns" as the affirmative statement of
15principal hazard on its label, must prior to taking
16possession:
17        (1) provide a valid driver's license or other
18    government-issued identification showing the person's
19    name, date of birth, and photograph; and
20        (2) sign a log documenting the name and address of the
21    person, date and time of the transaction, and the brand,
22    product name and net weight of the item.
23    (b) Exemption. The requirements of subsection (a) do not
24apply to batteries or household products. For the purposes of
25this Section, "household product" means any product which is

 

 

SB2037- 1815 -LRB102 17120 WGH 22551 b

1customarily produced or distributed for sale for consumption
2or use, or customarily stored, by individuals in or about the
3household, including, but not limited to, products which are
4customarily produced and distributed for use in or about a
5household as a cleaning agent, drain cleaner, pesticide,
6epoxy, paint, stain, or similar substance.
7    (c) Rules and Regulations. The Illinois Department of
8State Police shall have the authority to promulgate rules for
9the implementation and enforcement of this Section.
10    (d) Sentence. Any violation of this Section is a business
11offense for which a fine not exceeding $150 for the first
12violation, $500 for the second violation, or $1,500 for the
13third and subsequent violations within a 12-month period shall
14be imposed.
15    (e) Preemption. The regulation of the purchase or
16acquisition, or both, of a caustic or corrosive substance and
17any registry regarding the sale or possession, or both, of a
18caustic or corrosive substance is an exclusive power and
19function of the State. A home rule unit may not regulate the
20purchase or acquisition of caustic or corrosive substances and
21any ordinance or local law contrary to this Section is
22declared void. This is a denial and limitation of home rule
23powers and functions under subsection (h) of Section 6 of
24Article VII of the Illinois Constitution.
25(Source: P.A. 97-565, eff. 1-1-12; 97-929, eff. 8-10-12.)
 

 

 

SB2037- 1816 -LRB102 17120 WGH 22551 b

1    (720 ILCS 5/12C-15)   (was 720 ILCS 5/12-22)
2    Sec. 12C-15. Child abandonment or endangerment; probation.
3    (a) Whenever a parent of a child as determined by the court
4on the facts before it, pleads guilty to or is found guilty of,
5with respect to his or her child, child abandonment under
6Section 12C-10 of this Article or endangering the life or
7health of a child under Section 12C-5 of this Article, the
8court may, without entering a judgment of guilt and with the
9consent of the person, defer further proceedings and place the
10person upon probation upon the reasonable terms and conditions
11as the court may require. At least one term of the probation
12shall require the person to cooperate with the Department of
13Children and Family Services at the times and in the programs
14that the Department of Children and Family Services may
15require.
16    (b) Upon fulfillment of the terms and conditions imposed
17under subsection (a), the court shall discharge the person and
18dismiss the proceedings. Discharge and dismissal under this
19Section shall be without court adjudication of guilt and shall
20not be considered a conviction for purposes of
21disqualification or disabilities imposed by law upon
22conviction of a crime. However, a record of the disposition
23shall be reported by the clerk of the circuit court to the
24Illinois Department of State Police under Section 2.1 of the
25Criminal Identification Act, and the record shall be
26maintained and provided to any civil authority in connection

 

 

SB2037- 1817 -LRB102 17120 WGH 22551 b

1with a determination of whether the person is an acceptable
2candidate for the care, custody and supervision of children.
3    (c) Discharge and dismissal under this Section may occur
4only once.
5    (d) Probation under this Section may not be for a period of
6less than 2 years.
7    (e) If the child dies of the injuries alleged, this
8Section shall be inapplicable.
9(Source: P.A. 97-1109, eff. 1-1-13.)
 
10    (720 ILCS 5/14-3)
11    Sec. 14-3. Exemptions. The following activities shall be
12exempt from the provisions of this Article:
13        (a) Listening to radio, wireless electronic
14    communications, and television communications of any sort
15    where the same are publicly made;
16        (b) Hearing conversation when heard by employees of
17    any common carrier by wire incidental to the normal course
18    of their employment in the operation, maintenance or
19    repair of the equipment of such common carrier by wire so
20    long as no information obtained thereby is used or
21    divulged by the hearer;
22        (c) Any broadcast by radio, television or otherwise
23    whether it be a broadcast or recorded for the purpose of
24    later broadcasts of any function where the public is in
25    attendance and the conversations are overheard incidental

 

 

SB2037- 1818 -LRB102 17120 WGH 22551 b

1    to the main purpose for which such broadcasts are then
2    being made;
3        (d) Recording or listening with the aid of any device
4    to any emergency communication made in the normal course
5    of operations by any federal, state or local law
6    enforcement agency or institutions dealing in emergency
7    services, including, but not limited to, hospitals,
8    clinics, ambulance services, fire fighting agencies, any
9    public utility, emergency repair facility, civilian
10    defense establishment or military installation;
11        (e) Recording the proceedings of any meeting required
12    to be open by the Open Meetings Act, as amended;
13        (f) Recording or listening with the aid of any device
14    to incoming telephone calls of phone lines publicly listed
15    or advertised as consumer "hotlines" by manufacturers or
16    retailers of food and drug products. Such recordings must
17    be destroyed, erased or turned over to local law
18    enforcement authorities within 24 hours from the time of
19    such recording and shall not be otherwise disseminated.
20    Failure on the part of the individual or business
21    operating any such recording or listening device to comply
22    with the requirements of this subsection shall eliminate
23    any civil or criminal immunity conferred upon that
24    individual or business by the operation of this Section;
25        (g) With prior notification to the State's Attorney of
26    the county in which it is to occur, recording or listening

 

 

SB2037- 1819 -LRB102 17120 WGH 22551 b

1    with the aid of any device to any conversation where a law
2    enforcement officer, or any person acting at the direction
3    of law enforcement, is a party to the conversation and has
4    consented to it being intercepted or recorded under
5    circumstances where the use of the device is necessary for
6    the protection of the law enforcement officer or any
7    person acting at the direction of law enforcement, in the
8    course of an investigation of a forcible felony, a felony
9    offense of involuntary servitude, involuntary sexual
10    servitude of a minor, or trafficking in persons under
11    Section 10-9 of this Code, an offense involving
12    prostitution, solicitation of a sexual act, or pandering,
13    a felony violation of the Illinois Controlled Substances
14    Act, a felony violation of the Cannabis Control Act, a
15    felony violation of the Methamphetamine Control and
16    Community Protection Act, any "streetgang related" or
17    "gang-related" felony as those terms are defined in the
18    Illinois Streetgang Terrorism Omnibus Prevention Act, or
19    any felony offense involving any weapon listed in
20    paragraphs (1) through (11) of subsection (a) of Section
21    24-1 of this Code. Any recording or evidence derived as
22    the result of this exemption shall be inadmissible in any
23    proceeding, criminal, civil or administrative, except (i)
24    where a party to the conversation suffers great bodily
25    injury or is killed during such conversation, or (ii) when
26    used as direct impeachment of a witness concerning matters

 

 

SB2037- 1820 -LRB102 17120 WGH 22551 b

1    contained in the interception or recording. The Director
2    of the Illinois Department of State Police shall issue
3    regulations as are necessary concerning the use of
4    devices, retention of tape recordings, and reports
5    regarding their use;
6        (g-5) (Blank);
7        (g-6) With approval of the State's Attorney of the
8    county in which it is to occur, recording or listening
9    with the aid of any device to any conversation where a law
10    enforcement officer, or any person acting at the direction
11    of law enforcement, is a party to the conversation and has
12    consented to it being intercepted or recorded in the
13    course of an investigation of child pornography,
14    aggravated child pornography, indecent solicitation of a
15    child, luring of a minor, sexual exploitation of a child,
16    aggravated criminal sexual abuse in which the victim of
17    the offense was at the time of the commission of the
18    offense under 18 years of age, or criminal sexual abuse by
19    force or threat of force in which the victim of the offense
20    was at the time of the commission of the offense under 18
21    years of age. In all such cases, an application for an
22    order approving the previous or continuing use of an
23    eavesdropping device must be made within 48 hours of the
24    commencement of such use. In the absence of such an order,
25    or upon its denial, any continuing use shall immediately
26    terminate. The Director of the Illinois State Police shall

 

 

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1    issue rules as are necessary concerning the use of
2    devices, retention of recordings, and reports regarding
3    their use. Any recording or evidence obtained or derived
4    in the course of an investigation of child pornography,
5    aggravated child pornography, indecent solicitation of a
6    child, luring of a minor, sexual exploitation of a child,
7    aggravated criminal sexual abuse in which the victim of
8    the offense was at the time of the commission of the
9    offense under 18 years of age, or criminal sexual abuse by
10    force or threat of force in which the victim of the offense
11    was at the time of the commission of the offense under 18
12    years of age shall, upon motion of the State's Attorney or
13    Attorney General prosecuting any case involving child
14    pornography, aggravated child pornography, indecent
15    solicitation of a child, luring of a minor, sexual
16    exploitation of a child, aggravated criminal sexual abuse
17    in which the victim of the offense was at the time of the
18    commission of the offense under 18 years of age, or
19    criminal sexual abuse by force or threat of force in which
20    the victim of the offense was at the time of the commission
21    of the offense under 18 years of age be reviewed in camera
22    with notice to all parties present by the court presiding
23    over the criminal case, and, if ruled by the court to be
24    relevant and otherwise admissible, it shall be admissible
25    at the trial of the criminal case. Absent such a ruling,
26    any such recording or evidence shall not be admissible at

 

 

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1    the trial of the criminal case;
2        (h) Recordings made simultaneously with the use of an
3    in-car video camera recording of an oral conversation
4    between a uniformed peace officer, who has identified his
5    or her office, and a person in the presence of the peace
6    officer whenever (i) an officer assigned a patrol vehicle
7    is conducting an enforcement stop; or (ii) patrol vehicle
8    emergency lights are activated or would otherwise be
9    activated if not for the need to conceal the presence of
10    law enforcement.
11        For the purposes of this subsection (h), "enforcement
12    stop" means an action by a law enforcement officer in
13    relation to enforcement and investigation duties,
14    including but not limited to, traffic stops, pedestrian
15    stops, abandoned vehicle contacts, motorist assists,
16    commercial motor vehicle stops, roadside safety checks,
17    requests for identification, or responses to requests for
18    emergency assistance;
19        (h-5) Recordings of utterances made by a person while
20    in the presence of a uniformed peace officer and while an
21    occupant of a police vehicle including, but not limited
22    to, (i) recordings made simultaneously with the use of an
23    in-car video camera and (ii) recordings made in the
24    presence of the peace officer utilizing video or audio
25    systems, or both, authorized by the law enforcement
26    agency;

 

 

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1        (h-10) Recordings made simultaneously with a video
2    camera recording during the use of a taser or similar
3    weapon or device by a peace officer if the weapon or device
4    is equipped with such camera;
5        (h-15) Recordings made under subsection (h), (h-5), or
6    (h-10) shall be retained by the law enforcement agency
7    that employs the peace officer who made the recordings for
8    a storage period of 90 days, unless the recordings are
9    made as a part of an arrest or the recordings are deemed
10    evidence in any criminal, civil, or administrative
11    proceeding and then the recordings must only be destroyed
12    upon a final disposition and an order from the court.
13    Under no circumstances shall any recording be altered or
14    erased prior to the expiration of the designated storage
15    period. Upon completion of the storage period, the
16    recording medium may be erased and reissued for
17    operational use;
18        (i) Recording of a conversation made by or at the
19    request of a person, not a law enforcement officer or
20    agent of a law enforcement officer, who is a party to the
21    conversation, under reasonable suspicion that another
22    party to the conversation is committing, is about to
23    commit, or has committed a criminal offense against the
24    person or a member of his or her immediate household, and
25    there is reason to believe that evidence of the criminal
26    offense may be obtained by the recording;

 

 

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1        (j) The use of a telephone monitoring device by either
2    (1) a corporation or other business entity engaged in
3    marketing or opinion research or (2) a corporation or
4    other business entity engaged in telephone solicitation,
5    as defined in this subsection, to record or listen to oral
6    telephone solicitation conversations or marketing or
7    opinion research conversations by an employee of the
8    corporation or other business entity when:
9            (i) the monitoring is used for the purpose of
10        service quality control of marketing or opinion
11        research or telephone solicitation, the education or
12        training of employees or contractors engaged in
13        marketing or opinion research or telephone
14        solicitation, or internal research related to
15        marketing or opinion research or telephone
16        solicitation; and
17            (ii) the monitoring is used with the consent of at
18        least one person who is an active party to the
19        marketing or opinion research conversation or
20        telephone solicitation conversation being monitored.
21        No communication or conversation or any part, portion,
22    or aspect of the communication or conversation made,
23    acquired, or obtained, directly or indirectly, under this
24    exemption (j), may be, directly or indirectly, furnished
25    to any law enforcement officer, agency, or official for
26    any purpose or used in any inquiry or investigation, or

 

 

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1    used, directly or indirectly, in any administrative,
2    judicial, or other proceeding, or divulged to any third
3    party.
4        When recording or listening authorized by this
5    subsection (j) on telephone lines used for marketing or
6    opinion research or telephone solicitation purposes
7    results in recording or listening to a conversation that
8    does not relate to marketing or opinion research or
9    telephone solicitation; the person recording or listening
10    shall, immediately upon determining that the conversation
11    does not relate to marketing or opinion research or
12    telephone solicitation, terminate the recording or
13    listening and destroy any such recording as soon as is
14    practicable.
15        Business entities that use a telephone monitoring or
16    telephone recording system pursuant to this exemption (j)
17    shall provide current and prospective employees with
18    notice that the monitoring or recordings may occur during
19    the course of their employment. The notice shall include
20    prominent signage notification within the workplace.
21        Business entities that use a telephone monitoring or
22    telephone recording system pursuant to this exemption (j)
23    shall provide their employees or agents with access to
24    personal-only telephone lines which may be pay telephones,
25    that are not subject to telephone monitoring or telephone
26    recording.

 

 

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1        For the purposes of this subsection (j), "telephone
2    solicitation" means a communication through the use of a
3    telephone by live operators:
4            (i) soliciting the sale of goods or services;
5            (ii) receiving orders for the sale of goods or
6        services;
7            (iii) assisting in the use of goods or services;
8        or
9            (iv) engaging in the solicitation, administration,
10        or collection of bank or retail credit accounts.
11        For the purposes of this subsection (j), "marketing or
12    opinion research" means a marketing or opinion research
13    interview conducted by a live telephone interviewer
14    engaged by a corporation or other business entity whose
15    principal business is the design, conduct, and analysis of
16    polls and surveys measuring the opinions, attitudes, and
17    responses of respondents toward products and services, or
18    social or political issues, or both;
19        (k) Electronic recordings, including but not limited
20    to, a motion picture, videotape, digital, or other visual
21    or audio recording, made of a custodial interrogation of
22    an individual at a police station or other place of
23    detention by a law enforcement officer under Section
24    5-401.5 of the Juvenile Court Act of 1987 or Section
25    103-2.1 of the Code of Criminal Procedure of 1963;
26        (l) Recording the interview or statement of any person

 

 

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1    when the person knows that the interview is being
2    conducted by a law enforcement officer or prosecutor and
3    the interview takes place at a police station that is
4    currently participating in the Custodial Interview Pilot
5    Program established under the Illinois Criminal Justice
6    Information Act;
7        (m) An electronic recording, including but not limited
8    to, a motion picture, videotape, digital, or other visual
9    or audio recording, made of the interior of a school bus
10    while the school bus is being used in the transportation
11    of students to and from school and school-sponsored
12    activities, when the school board has adopted a policy
13    authorizing such recording, notice of such recording
14    policy is included in student handbooks and other
15    documents including the policies of the school, notice of
16    the policy regarding recording is provided to parents of
17    students, and notice of such recording is clearly posted
18    on the door of and inside the school bus.
19        Recordings made pursuant to this subsection (m) shall
20    be confidential records and may only be used by school
21    officials (or their designees) and law enforcement
22    personnel for investigations, school disciplinary actions
23    and hearings, proceedings under the Juvenile Court Act of
24    1987, and criminal prosecutions, related to incidents
25    occurring in or around the school bus;
26        (n) Recording or listening to an audio transmission

 

 

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1    from a microphone placed by a person under the authority
2    of a law enforcement agency inside a bait car surveillance
3    vehicle while simultaneously capturing a photographic or
4    video image;
5        (o) The use of an eavesdropping camera or audio device
6    during an ongoing hostage or barricade situation by a law
7    enforcement officer or individual acting on behalf of a
8    law enforcement officer when the use of such device is
9    necessary to protect the safety of the general public,
10    hostages, or law enforcement officers or anyone acting on
11    their behalf;
12        (p) Recording or listening with the aid of any device
13    to incoming telephone calls of phone lines publicly listed
14    or advertised as the "CPS Violence Prevention Hotline",
15    but only where the notice of recording is given at the
16    beginning of each call as required by Section 34-21.8 of
17    the School Code. The recordings may be retained only by
18    the Chicago Police Department or other law enforcement
19    authorities, and shall not be otherwise retained or
20    disseminated;
21        (q)(1) With prior request to and written or verbal
22    approval of the State's Attorney of the county in which
23    the conversation is anticipated to occur, recording or
24    listening with the aid of an eavesdropping device to a
25    conversation in which a law enforcement officer, or any
26    person acting at the direction of a law enforcement

 

 

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1    officer, is a party to the conversation and has consented
2    to the conversation being intercepted or recorded in the
3    course of an investigation of a qualified offense. The
4    State's Attorney may grant this approval only after
5    determining that reasonable cause exists to believe that
6    inculpatory conversations concerning a qualified offense
7    will occur with a specified individual or individuals
8    within a designated period of time.
9        (2) Request for approval. To invoke the exception
10    contained in this subsection (q), a law enforcement
11    officer shall make a request for approval to the
12    appropriate State's Attorney. The request may be written
13    or verbal; however, a written memorialization of the
14    request must be made by the State's Attorney. This request
15    for approval shall include whatever information is deemed
16    necessary by the State's Attorney but shall include, at a
17    minimum, the following information about each specified
18    individual whom the law enforcement officer believes will
19    commit a qualified offense:
20            (A) his or her full or partial name, nickname or
21        alias;
22            (B) a physical description; or
23            (C) failing either (A) or (B) of this paragraph
24        (2), any other supporting information known to the law
25        enforcement officer at the time of the request that
26        gives rise to reasonable cause to believe that the

 

 

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1        specified individual will participate in an
2        inculpatory conversation concerning a qualified
3        offense.
4        (3) Limitations on approval. Each written approval by
5    the State's Attorney under this subsection (q) shall be
6    limited to:
7            (A) a recording or interception conducted by a
8        specified law enforcement officer or person acting at
9        the direction of a law enforcement officer;
10            (B) recording or intercepting conversations with
11        the individuals specified in the request for approval,
12        provided that the verbal approval shall be deemed to
13        include the recording or intercepting of conversations
14        with other individuals, unknown to the law enforcement
15        officer at the time of the request for approval, who
16        are acting in conjunction with or as co-conspirators
17        with the individuals specified in the request for
18        approval in the commission of a qualified offense;
19            (C) a reasonable period of time but in no event
20        longer than 24 consecutive hours;
21            (D) the written request for approval, if
22        applicable, or the written memorialization must be
23        filed, along with the written approval, with the
24        circuit clerk of the jurisdiction on the next business
25        day following the expiration of the authorized period
26        of time, and shall be subject to review by the Chief

 

 

SB2037- 1831 -LRB102 17120 WGH 22551 b

1        Judge or his or her designee as deemed appropriate by
2        the court.
3        (3.5) The written memorialization of the request for
4    approval and the written approval by the State's Attorney
5    may be in any format, including via facsimile, email, or
6    otherwise, so long as it is capable of being filed with the
7    circuit clerk.
8        (3.10) Beginning March 1, 2015, each State's Attorney
9    shall annually submit a report to the General Assembly
10    disclosing:
11            (A) the number of requests for each qualified
12        offense for approval under this subsection; and
13            (B) the number of approvals for each qualified
14        offense given by the State's Attorney.
15        (4) Admissibility of evidence. No part of the contents
16    of any wire, electronic, or oral communication that has
17    been recorded or intercepted as a result of this exception
18    may be received in evidence in any trial, hearing, or
19    other proceeding in or before any court, grand jury,
20    department, officer, agency, regulatory body, legislative
21    committee, or other authority of this State, or a
22    political subdivision of the State, other than in a
23    prosecution of:
24            (A) the qualified offense for which approval was
25        given to record or intercept a conversation under this
26        subsection (q);

 

 

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1            (B) a forcible felony committed directly in the
2        course of the investigation of the qualified offense
3        for which approval was given to record or intercept a
4        conversation under this subsection (q); or
5            (C) any other forcible felony committed while the
6        recording or interception was approved in accordance
7        with this subsection (q), but for this specific
8        category of prosecutions, only if the law enforcement
9        officer or person acting at the direction of a law
10        enforcement officer who has consented to the
11        conversation being intercepted or recorded suffers
12        great bodily injury or is killed during the commission
13        of the charged forcible felony.
14        (5) Compliance with the provisions of this subsection
15    is a prerequisite to the admissibility in evidence of any
16    part of the contents of any wire, electronic or oral
17    communication that has been intercepted as a result of
18    this exception, but nothing in this subsection shall be
19    deemed to prevent a court from otherwise excluding the
20    evidence on any other ground recognized by State or
21    federal law, nor shall anything in this subsection be
22    deemed to prevent a court from independently reviewing the
23    admissibility of the evidence for compliance with the
24    Fourth Amendment to the U.S. Constitution or with Article
25    I, Section 6 of the Illinois Constitution.
26        (6) Use of recordings or intercepts unrelated to

 

 

SB2037- 1833 -LRB102 17120 WGH 22551 b

1    qualified offenses. Whenever any private conversation or
2    private electronic communication has been recorded or
3    intercepted as a result of this exception that is not
4    related to an offense for which the recording or intercept
5    is admissible under paragraph (4) of this subsection (q),
6    no part of the contents of the communication and evidence
7    derived from the communication may be received in evidence
8    in any trial, hearing, or other proceeding in or before
9    any court, grand jury, department, officer, agency,
10    regulatory body, legislative committee, or other authority
11    of this State, or a political subdivision of the State,
12    nor may it be publicly disclosed in any way.
13        (6.5) The Illinois Department of State Police shall
14    adopt rules as are necessary concerning the use of
15    devices, retention of recordings, and reports regarding
16    their use under this subsection (q).
17        (7) Definitions. For the purposes of this subsection
18    (q) only:
19            "Forcible felony" includes and is limited to those
20        offenses contained in Section 2-8 of the Criminal Code
21        of 1961 as of the effective date of this amendatory Act
22        of the 97th General Assembly, and only as those
23        offenses have been defined by law or judicial
24        interpretation as of that date.
25            "Qualified offense" means and is limited to:
26                (A) a felony violation of the Cannabis Control

 

 

SB2037- 1834 -LRB102 17120 WGH 22551 b

1            Act, the Illinois Controlled Substances Act, or
2            the Methamphetamine Control and Community
3            Protection Act, except for violations of:
4                    (i) Section 4 of the Cannabis Control Act;
5                    (ii) Section 402 of the Illinois
6                Controlled Substances Act; and
7                    (iii) Section 60 of the Methamphetamine
8                Control and Community Protection Act; and
9                (B) first degree murder, solicitation of
10            murder for hire, predatory criminal sexual assault
11            of a child, criminal sexual assault, aggravated
12            criminal sexual assault, aggravated arson,
13            kidnapping, aggravated kidnapping, child
14            abduction, trafficking in persons, involuntary
15            servitude, involuntary sexual servitude of a
16            minor, or gunrunning.
17            "State's Attorney" includes and is limited to the
18        State's Attorney or an assistant State's Attorney
19        designated by the State's Attorney to provide verbal
20        approval to record or intercept conversations under
21        this subsection (q).
22        (8) Sunset. This subsection (q) is inoperative on and
23    after January 1, 2023. No conversations intercepted
24    pursuant to this subsection (q), while operative, shall be
25    inadmissible in a court of law by virtue of the
26    inoperability of this subsection (q) on January 1, 2023.

 

 

SB2037- 1835 -LRB102 17120 WGH 22551 b

1        (9) Recordings, records, and custody. Any private
2    conversation or private electronic communication
3    intercepted by a law enforcement officer or a person
4    acting at the direction of law enforcement shall, if
5    practicable, be recorded in such a way as will protect the
6    recording from editing or other alteration. Any and all
7    original recordings made under this subsection (q) shall
8    be inventoried without unnecessary delay pursuant to the
9    law enforcement agency's policies for inventorying
10    evidence. The original recordings shall not be destroyed
11    except upon an order of a court of competent jurisdiction;
12    and
13        (r) Electronic recordings, including but not limited
14    to, motion picture, videotape, digital, or other visual or
15    audio recording, made of a lineup under Section 107A-2 of
16    the Code of Criminal Procedure of 1963.
17(Source: P.A. 100-572, eff. 12-29-17; 101-80, eff. 7-12-19.)
 
18    (720 ILCS 5/17-6.3)
19    Sec. 17-6.3. WIC fraud.
20    (a) For the purposes of this Section, the Special
21Supplemental Food Program for Women, Infants and Children
22administered by the Illinois Department of Public Health or
23Department of Human Services shall be referred to as "WIC".
24    (b) A person commits WIC fraud if he or she knowingly (i)
25uses, acquires, possesses, or transfers WIC Food Instruments

 

 

SB2037- 1836 -LRB102 17120 WGH 22551 b

1or authorizations to participate in WIC in any manner not
2authorized by law or the rules of the Illinois Department of
3Public Health or Department of Human Services or (ii) uses,
4acquires, possesses, or transfers altered WIC Food Instruments
5or authorizations to participate in WIC.
6    (c) Administrative malfeasance.
7        (1) A person commits administrative malfeasance if he
8    or she knowingly or recklessly misappropriates, misuses,
9    or unlawfully withholds or converts to his or her own use
10    or to the use of another any public funds made available
11    for WIC.
12        (2) An official or employee of the State or a unit of
13    local government who knowingly aids, abets, assists, or
14    participates in a known violation of this Section is
15    subject to disciplinary proceedings under the rules of the
16    applicable State agency or unit of local government.
17    (d) Unauthorized possession of identification document. A
18person commits unauthorized possession of an identification
19document if he or she knowingly possesses, with intent to
20commit a misdemeanor or felony, another person's
21identification document issued by the Illinois Department of
22Public Health or Department of Human Services. For purposes of
23this Section, "identification document" includes, but is not
24limited to, an authorization to participate in WIC or a card or
25other document that identifies a person as being entitled to
26WIC benefits.

 

 

SB2037- 1837 -LRB102 17120 WGH 22551 b

1    (e) Penalties.
2        (1) If an individual, firm, corporation, association,
3    agency, institution, or other legal entity is found by a
4    court to have engaged in an act, practice, or course of
5    conduct declared unlawful under subsection (a), (b), or
6    (c) of this Section and:
7            (A) the total amount of money involved in the
8        violation, including the monetary value of the WIC
9        Food Instruments and the value of commodities, is less
10        than $150, the violation is a Class A misdemeanor; a
11        second or subsequent violation is a Class 4 felony;
12            (B) the total amount of money involved in the
13        violation, including the monetary value of the WIC
14        Food Instruments and the value of commodities, is $150
15        or more but less than $1,000, the violation is a Class
16        4 felony; a second or subsequent violation is a Class 3
17        felony;
18            (C) the total amount of money involved in the
19        violation, including the monetary value of the WIC
20        Food Instruments and the value of commodities, is
21        $1,000 or more but less than $5,000, the violation is a
22        Class 3 felony; a second or subsequent violation is a
23        Class 2 felony;
24            (D) the total amount of money involved in the
25        violation, including the monetary value of the WIC
26        Food Instruments and the value of commodities, is

 

 

SB2037- 1838 -LRB102 17120 WGH 22551 b

1        $5,000 or more but less than $10,000, the violation is
2        a Class 2 felony; a second or subsequent violation is a
3        Class 1 felony; or
4            (E) the total amount of money involved in the
5        violation, including the monetary value of the WIC
6        Food Instruments and the value of commodities, is
7        $10,000 or more, the violation is a Class 1 felony and
8        the defendant shall be permanently ineligible to
9        participate in WIC.
10        (2) A violation of subsection (d) is a Class 4 felony.
11        (3) The State's Attorney of the county in which the
12    violation of this Section occurred or the Attorney General
13    shall bring actions arising under this Section in the name
14    of the People of the State of Illinois.
15        (4) For purposes of determining the classification of
16    an offense under this subsection (e), all of the money
17    received as a result of the unlawful act, practice, or
18    course of conduct, including the value of any WIC Food
19    Instruments and the value of commodities, shall be
20    aggregated.
21    (f) Seizure and forfeiture of property.
22        (1) A person who commits a felony violation of this
23    Section is subject to the property forfeiture provisions
24    set forth in Article 124B of the Code of Criminal
25    Procedure of 1963.
26        (2) Property subject to forfeiture under this

 

 

SB2037- 1839 -LRB102 17120 WGH 22551 b

1    subsection (f) may be seized by the Director of the
2    Illinois State Police or any local law enforcement agency
3    upon process or seizure warrant issued by any court having
4    jurisdiction over the property. The Director or a local
5    law enforcement agency may seize property under this
6    subsection (f) without process under any of the following
7    circumstances:
8            (A) If the seizure is incident to inspection under
9        an administrative inspection warrant.
10            (B) If the property subject to seizure has been
11        the subject of a prior judgment in favor of the State
12        in a criminal proceeding or in an injunction or
13        forfeiture proceeding under Article 124B of the Code
14        of Criminal Procedure of 1963.
15            (C) If there is probable cause to believe that the
16        property is directly or indirectly dangerous to health
17        or safety.
18            (D) If there is probable cause to believe that the
19        property is subject to forfeiture under this
20        subsection (f) and Article 124B of the Code of
21        Criminal Procedure of 1963 and the property is seized
22        under circumstances in which a warrantless seizure or
23        arrest would be reasonable.
24            (E) In accordance with the Code of Criminal
25        Procedure of 1963.
26    (g) Future participation as WIC vendor. A person who has

 

 

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1been convicted of a felony violation of this Section is
2prohibited from participating as a WIC vendor for a minimum
3period of 3 years following conviction and until the total
4amount of money involved in the violation, including the value
5of WIC Food Instruments and the value of commodities, is
6repaid to WIC. This prohibition shall extend to any person
7with management responsibility in a firm, corporation,
8association, agency, institution, or other legal entity that
9has been convicted of a violation of this Section and to an
10officer or person owning, directly or indirectly, 5% or more
11of the shares of stock or other evidences of ownership in a
12corporate vendor.
13(Source: P.A. 96-1551, eff. 7-1-11.)
 
14    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
15    Sec. 24-1. Unlawful use of weapons.
16    (a) A person commits the offense of unlawful use of
17weapons when he knowingly:
18        (1) Sells, manufactures, purchases, possesses or
19    carries any bludgeon, black-jack, slung-shot, sand-club,
20    sand-bag, metal knuckles or other knuckle weapon
21    regardless of its composition, throwing star, or any
22    knife, commonly referred to as a switchblade knife, which
23    has a blade that opens automatically by hand pressure
24    applied to a button, spring or other device in the handle
25    of the knife, or a ballistic knife, which is a device that

 

 

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1    propels a knifelike blade as a projectile by means of a
2    coil spring, elastic material or compressed gas; or
3        (2) Carries or possesses with intent to use the same
4    unlawfully against another, a dagger, dirk, billy,
5    dangerous knife, razor, stiletto, broken bottle or other
6    piece of glass, stun gun or taser or any other dangerous or
7    deadly weapon or instrument of like character; or
8        (2.5) Carries or possesses with intent to use the same
9    unlawfully against another, any firearm in a church,
10    synagogue, mosque, or other building, structure, or place
11    used for religious worship; or
12        (3) Carries on or about his person or in any vehicle, a
13    tear gas gun projector or bomb or any object containing
14    noxious liquid gas or substance, other than an object
15    containing a non-lethal noxious liquid gas or substance
16    designed solely for personal defense carried by a person
17    18 years of age or older; or
18        (4) Carries or possesses in any vehicle or concealed
19    on or about his person except when on his land or in his
20    own abode, legal dwelling, or fixed place of business, or
21    on the land or in the legal dwelling of another person as
22    an invitee with that person's permission, any pistol,
23    revolver, stun gun or taser or other firearm, except that
24    this subsection (a) (4) does not apply to or affect
25    transportation of weapons that meet one of the following
26    conditions:

 

 

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1            (i) are broken down in a non-functioning state; or
2            (ii) are not immediately accessible; or
3            (iii) are unloaded and enclosed in a case, firearm
4        carrying box, shipping box, or other container by a
5        person who has been issued a currently valid Firearm
6        Owner's Identification Card; or
7            (iv) are carried or possessed in accordance with
8        the Firearm Concealed Carry Act by a person who has
9        been issued a currently valid license under the
10        Firearm Concealed Carry Act; or
11        (5) Sets a spring gun; or
12        (6) Possesses any device or attachment of any kind
13    designed, used or intended for use in silencing the report
14    of any firearm; or
15        (7) Sells, manufactures, purchases, possesses or
16    carries:
17            (i) a machine gun, which shall be defined for the
18        purposes of this subsection as any weapon, which
19        shoots, is designed to shoot, or can be readily
20        restored to shoot, automatically more than one shot
21        without manually reloading by a single function of the
22        trigger, including the frame or receiver of any such
23        weapon, or sells, manufactures, purchases, possesses,
24        or carries any combination of parts designed or
25        intended for use in converting any weapon into a
26        machine gun, or any combination or parts from which a

 

 

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1        machine gun can be assembled if such parts are in the
2        possession or under the control of a person;
3            (ii) any rifle having one or more barrels less
4        than 16 inches in length or a shotgun having one or
5        more barrels less than 18 inches in length or any
6        weapon made from a rifle or shotgun, whether by
7        alteration, modification, or otherwise, if such a
8        weapon as modified has an overall length of less than
9        26 inches; or
10            (iii) any bomb, bomb-shell, grenade, bottle or
11        other container containing an explosive substance of
12        over one-quarter ounce for like purposes, such as, but
13        not limited to, black powder bombs and Molotov
14        cocktails or artillery projectiles; or
15        (8) Carries or possesses any firearm, stun gun or
16    taser or other deadly weapon in any place which is
17    licensed to sell intoxicating beverages, or at any public
18    gathering held pursuant to a license issued by any
19    governmental body or any public gathering at which an
20    admission is charged, excluding a place where a showing,
21    demonstration or lecture involving the exhibition of
22    unloaded firearms is conducted.
23        This subsection (a)(8) does not apply to any auction
24    or raffle of a firearm held pursuant to a license or permit
25    issued by a governmental body, nor does it apply to
26    persons engaged in firearm safety training courses; or

 

 

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1        (9) Carries or possesses in a vehicle or on or about
2    his or her person any pistol, revolver, stun gun or taser
3    or firearm or ballistic knife, when he or she is hooded,
4    robed or masked in such manner as to conceal his or her
5    identity; or
6        (10) Carries or possesses on or about his or her
7    person, upon any public street, alley, or other public
8    lands within the corporate limits of a city, village, or
9    incorporated town, except when an invitee thereon or
10    therein, for the purpose of the display of such weapon or
11    the lawful commerce in weapons, or except when on his land
12    or in his or her own abode, legal dwelling, or fixed place
13    of business, or on the land or in the legal dwelling of
14    another person as an invitee with that person's
15    permission, any pistol, revolver, stun gun, or taser or
16    other firearm, except that this subsection (a) (10) does
17    not apply to or affect transportation of weapons that meet
18    one of the following conditions:
19            (i) are broken down in a non-functioning state; or
20            (ii) are not immediately accessible; or
21            (iii) are unloaded and enclosed in a case, firearm
22        carrying box, shipping box, or other container by a
23        person who has been issued a currently valid Firearm
24        Owner's Identification Card; or
25            (iv) are carried or possessed in accordance with
26        the Firearm Concealed Carry Act by a person who has

 

 

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1        been issued a currently valid license under the
2        Firearm Concealed Carry Act.
3        A "stun gun or taser", as used in this paragraph (a)
4    means (i) any device which is powered by electrical
5    charging units, such as, batteries, and which fires one or
6    several barbs attached to a length of wire and which, upon
7    hitting a human, can send out a current capable of
8    disrupting the person's nervous system in such a manner as
9    to render him incapable of normal functioning or (ii) any
10    device which is powered by electrical charging units, such
11    as batteries, and which, upon contact with a human or
12    clothing worn by a human, can send out current capable of
13    disrupting the person's nervous system in such a manner as
14    to render him incapable of normal functioning; or
15        (11) Sells, manufactures, or purchases any explosive
16    bullet. For purposes of this paragraph (a) "explosive
17    bullet" means the projectile portion of an ammunition
18    cartridge which contains or carries an explosive charge
19    which will explode upon contact with the flesh of a human
20    or an animal. "Cartridge" means a tubular metal case
21    having a projectile affixed at the front thereof and a cap
22    or primer at the rear end thereof, with the propellant
23    contained in such tube between the projectile and the cap;
24    or
25        (12) (Blank); or
26        (13) Carries or possesses on or about his or her

 

 

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1    person while in a building occupied by a unit of
2    government, a billy club, other weapon of like character,
3    or other instrument of like character intended for use as
4    a weapon. For the purposes of this Section, "billy club"
5    means a short stick or club commonly carried by police
6    officers which is either telescopic or constructed of a
7    solid piece of wood or other man-made material.
8    (b) Sentence. A person convicted of a violation of
9subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
10subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
11Class A misdemeanor. A person convicted of a violation of
12subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;
13a person convicted of a violation of subsection 24-1(a)(6) or
1424-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
15convicted of a violation of subsection 24-1(a)(7)(i) commits a
16Class 2 felony and shall be sentenced to a term of imprisonment
17of not less than 3 years and not more than 7 years, unless the
18weapon is possessed in the passenger compartment of a motor
19vehicle as defined in Section 1-146 of the Illinois Vehicle
20Code, or on the person, while the weapon is loaded, in which
21case it shall be a Class X felony. A person convicted of a
22second or subsequent violation of subsection 24-1(a)(4),
2324-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
24felony. A person convicted of a violation of subsection
2524-1(a)(2.5) commits a Class 2 felony. The possession of each
26weapon in violation of this Section constitutes a single and

 

 

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1separate violation.
2    (c) Violations in specific places.
3        (1) A person who violates subsection 24-1(a)(6) or
4    24-1(a)(7) in any school, regardless of the time of day or
5    the time of year, in residential property owned, operated
6    or managed by a public housing agency or leased by a public
7    housing agency as part of a scattered site or mixed-income
8    development, in a public park, in a courthouse, on the
9    real property comprising any school, regardless of the
10    time of day or the time of year, on residential property
11    owned, operated or managed by a public housing agency or
12    leased by a public housing agency as part of a scattered
13    site or mixed-income development, on the real property
14    comprising any public park, on the real property
15    comprising any courthouse, in any conveyance owned, leased
16    or contracted by a school to transport students to or from
17    school or a school related activity, in any conveyance
18    owned, leased, or contracted by a public transportation
19    agency, or on any public way within 1,000 feet of the real
20    property comprising any school, public park, courthouse,
21    public transportation facility, or residential property
22    owned, operated, or managed by a public housing agency or
23    leased by a public housing agency as part of a scattered
24    site or mixed-income development commits a Class 2 felony
25    and shall be sentenced to a term of imprisonment of not
26    less than 3 years and not more than 7 years.

 

 

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1        (1.5) A person who violates subsection 24-1(a)(4),
2    24-1(a)(9), or 24-1(a)(10) in any school, regardless of
3    the time of day or the time of year, in residential
4    property owned, operated, or managed by a public housing
5    agency or leased by a public housing agency as part of a
6    scattered site or mixed-income development, in a public
7    park, in a courthouse, on the real property comprising any
8    school, regardless of the time of day or the time of year,
9    on residential property owned, operated, or managed by a
10    public housing agency or leased by a public housing agency
11    as part of a scattered site or mixed-income development,
12    on the real property comprising any public park, on the
13    real property comprising any courthouse, in any conveyance
14    owned, leased, or contracted by a school to transport
15    students to or from school or a school related activity,
16    in any conveyance owned, leased, or contracted by a public
17    transportation agency, or on any public way within 1,000
18    feet of the real property comprising any school, public
19    park, courthouse, public transportation facility, or
20    residential property owned, operated, or managed by a
21    public housing agency or leased by a public housing agency
22    as part of a scattered site or mixed-income development
23    commits a Class 3 felony.
24        (2) A person who violates subsection 24-1(a)(1),
25    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
26    time of day or the time of year, in residential property

 

 

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1    owned, operated or managed by a public housing agency or
2    leased by a public housing agency as part of a scattered
3    site or mixed-income development, in a public park, in a
4    courthouse, on the real property comprising any school,
5    regardless of the time of day or the time of year, on
6    residential property owned, operated or managed by a
7    public housing agency or leased by a public housing agency
8    as part of a scattered site or mixed-income development,
9    on the real property comprising any public park, on the
10    real property comprising any courthouse, in any conveyance
11    owned, leased or contracted by a school to transport
12    students to or from school or a school related activity,
13    in any conveyance owned, leased, or contracted by a public
14    transportation agency, or on any public way within 1,000
15    feet of the real property comprising any school, public
16    park, courthouse, public transportation facility, or
17    residential property owned, operated, or managed by a
18    public housing agency or leased by a public housing agency
19    as part of a scattered site or mixed-income development
20    commits a Class 4 felony. "Courthouse" means any building
21    that is used by the Circuit, Appellate, or Supreme Court
22    of this State for the conduct of official business.
23        (3) Paragraphs (1), (1.5), and (2) of this subsection
24    (c) shall not apply to law enforcement officers or
25    security officers of such school, college, or university
26    or to students carrying or possessing firearms for use in

 

 

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1    training courses, parades, hunting, target shooting on
2    school ranges, or otherwise with the consent of school
3    authorities and which firearms are transported unloaded
4    enclosed in a suitable case, box, or transportation
5    package.
6        (4) For the purposes of this subsection (c), "school"
7    means any public or private elementary or secondary
8    school, community college, college, or university.
9        (5) For the purposes of this subsection (c), "public
10    transportation agency" means a public or private agency
11    that provides for the transportation or conveyance of
12    persons by means available to the general public, except
13    for transportation by automobiles not used for conveyance
14    of the general public as passengers; and "public
15    transportation facility" means a terminal or other place
16    where one may obtain public transportation.
17    (d) The presence in an automobile other than a public
18omnibus of any weapon, instrument or substance referred to in
19subsection (a)(7) is prima facie evidence that it is in the
20possession of, and is being carried by, all persons occupying
21such automobile at the time such weapon, instrument or
22substance is found, except under the following circumstances:
23(i) if such weapon, instrument or instrumentality is found
24upon the person of one of the occupants therein; or (ii) if
25such weapon, instrument or substance is found in an automobile
26operated for hire by a duly licensed driver in the due, lawful

 

 

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1and proper pursuit of his or her trade, then such presumption
2shall not apply to the driver.
3    (e) Exemptions.
4        (1) Crossbows, Common or Compound bows and Underwater
5    Spearguns are exempted from the definition of ballistic
6    knife as defined in paragraph (1) of subsection (a) of
7    this Section.
8        (2) The provision of paragraph (1) of subsection (a)
9    of this Section prohibiting the sale, manufacture,
10    purchase, possession, or carrying of any knife, commonly
11    referred to as a switchblade knife, which has a blade that
12    opens automatically by hand pressure applied to a button,
13    spring or other device in the handle of the knife, does not
14    apply to a person who possesses a currently valid Firearm
15    Owner's Identification Card previously issued in his or
16    her name by the Illinois Department of State Police or to a
17    person or an entity engaged in the business of selling or
18    manufacturing switchblade knives.
19(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
 
20    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
21    Sec. 24-1.1. Unlawful use or possession of weapons by
22felons or persons in the custody of the Department of
23Corrections facilities.
24    (a) It is unlawful for a person to knowingly possess on or
25about his person or on his land or in his own abode or fixed

 

 

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1place of business any weapon prohibited under Section 24-1 of
2this Act or any firearm or any firearm ammunition if the person
3has been convicted of a felony under the laws of this State or
4any other jurisdiction. This Section shall not apply if the
5person has been granted relief by the Director of the Illinois
6Department of State Police under Section 10 of the Firearm
7Owners Identification Card Act.
8    (b) It is unlawful for any person confined in a penal
9institution, which is a facility of the Illinois Department of
10Corrections, to possess any weapon prohibited under Section
1124-1 of this Code or any firearm or firearm ammunition,
12regardless of the intent with which he possesses it.
13    (c) It shall be an affirmative defense to a violation of
14subsection (b), that such possession was specifically
15authorized by rule, regulation, or directive of the Illinois
16Department of Corrections or order issued pursuant thereto.
17    (d) The defense of necessity is not available to a person
18who is charged with a violation of subsection (b) of this
19Section.
20    (e) Sentence. Violation of this Section by a person not
21confined in a penal institution shall be a Class 3 felony for
22which the person shall be sentenced to no less than 2 years and
23no more than 10 years. A second or subsequent violation of this
24Section shall be a Class 2 felony for which the person shall be
25sentenced to a term of imprisonment of not less than 3 years
26and not more than 14 years, except as provided for in Section

 

 

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15-4.5-110 of the Unified Code of Corrections. Violation of
2this Section by a person not confined in a penal institution
3who has been convicted of a forcible felony, a felony
4violation of Article 24 of this Code or of the Firearm Owners
5Identification Card Act, stalking or aggravated stalking, or a
6Class 2 or greater felony under the Illinois Controlled
7Substances Act, the Cannabis Control Act, or the
8Methamphetamine Control and Community Protection Act is a
9Class 2 felony for which the person shall be sentenced to not
10less than 3 years and not more than 14 years, except as
11provided for in Section 5-4.5-110 of the Unified Code of
12Corrections. Violation of this Section by a person who is on
13parole or mandatory supervised release is a Class 2 felony for
14which the person shall be sentenced to not less than 3 years
15and not more than 14 years, except as provided for in Section
165-4.5-110 of the Unified Code of Corrections. Violation of
17this Section by a person not confined in a penal institution is
18a Class X felony when the firearm possessed is a machine gun.
19Any person who violates this Section while confined in a penal
20institution, which is a facility of the Illinois Department of
21Corrections, is guilty of a Class 1 felony, if he possesses any
22weapon prohibited under Section 24-1 of this Code regardless
23of the intent with which he possesses it, a Class X felony if
24he possesses any firearm, firearm ammunition or explosive, and
25a Class X felony for which the offender shall be sentenced to
26not less than 12 years and not more than 50 years when the

 

 

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1firearm possessed is a machine gun. A violation of this
2Section while wearing or in possession of body armor as
3defined in Section 33F-1 is a Class X felony punishable by a
4term of imprisonment of not less than 10 years and not more
5than 40 years. The possession of each firearm or firearm
6ammunition in violation of this Section constitutes a single
7and separate violation.
8(Source: P.A. 100-3, eff. 1-1-18.)
 
9    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
10    Sec. 24-3. Unlawful sale or delivery of firearms.
11    (A) A person commits the offense of unlawful sale or
12delivery of firearms when he or she knowingly does any of the
13following:
14        (a) Sells or gives any firearm of a size which may be
15    concealed upon the person to any person under 18 years of
16    age.
17        (b) Sells or gives any firearm to a person under 21
18    years of age who has been convicted of a misdemeanor other
19    than a traffic offense or adjudged delinquent.
20        (c) Sells or gives any firearm to any narcotic addict.
21        (d) Sells or gives any firearm to any person who has
22    been convicted of a felony under the laws of this or any
23    other jurisdiction.
24        (e) Sells or gives any firearm to any person who has
25    been a patient in a mental institution within the past 5

 

 

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1    years. In this subsection (e):
2            "Mental institution" means any hospital,
3        institution, clinic, evaluation facility, mental
4        health center, or part thereof, which is used
5        primarily for the care or treatment of persons with
6        mental illness.
7            "Patient in a mental institution" means the person
8        was admitted, either voluntarily or involuntarily, to
9        a mental institution for mental health treatment,
10        unless the treatment was voluntary and solely for an
11        alcohol abuse disorder and no other secondary
12        substance abuse disorder or mental illness.
13        (f) Sells or gives any firearms to any person who is a
14    person with an intellectual disability.
15        (g) Delivers any firearm, incidental to a sale,
16    without withholding delivery of the firearm for at least
17    72 hours after application for its purchase has been made,
18    or delivers a stun gun or taser, incidental to a sale,
19    without withholding delivery of the stun gun or taser for
20    at least 24 hours after application for its purchase has
21    been made. However, this paragraph (g) does not apply to:
22    (1) the sale of a firearm to a law enforcement officer if
23    the seller of the firearm knows that the person to whom he
24    or she is selling the firearm is a law enforcement officer
25    or the sale of a firearm to a person who desires to
26    purchase a firearm for use in promoting the public

 

 

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1    interest incident to his or her employment as a bank
2    guard, armed truck guard, or other similar employment; (2)
3    a mail order sale of a firearm from a federally licensed
4    firearms dealer to a nonresident of Illinois under which
5    the firearm is mailed to a federally licensed firearms
6    dealer outside the boundaries of Illinois; (3) (blank);
7    (4) the sale of a firearm to a dealer licensed as a federal
8    firearms dealer under Section 923 of the federal Gun
9    Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
10    sale of any rifle, shotgun, or other long gun to a resident
11    registered competitor or attendee or non-resident
12    registered competitor or attendee by any dealer licensed
13    as a federal firearms dealer under Section 923 of the
14    federal Gun Control Act of 1968 at competitive shooting
15    events held at the World Shooting Complex sanctioned by a
16    national governing body. For purposes of transfers or
17    sales under subparagraph (5) of this paragraph (g), the
18    Department of Natural Resources shall give notice to the
19    Illinois Department of State Police at least 30 calendar
20    days prior to any competitive shooting events at the World
21    Shooting Complex sanctioned by a national governing body.
22    The notification shall be made on a form prescribed by the
23    Illinois Department of State Police. The sanctioning body
24    shall provide a list of all registered competitors and
25    attendees at least 24 hours before the events to the
26    Illinois Department of State Police. Any changes to the

 

 

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1    list of registered competitors and attendees shall be
2    forwarded to the Illinois Department of State Police as
3    soon as practicable. The Illinois Department of State
4    Police must destroy the list of registered competitors and
5    attendees no later than 30 days after the date of the
6    event. Nothing in this paragraph (g) relieves a federally
7    licensed firearm dealer from the requirements of
8    conducting a NICS background check through the Illinois
9    Point of Contact under 18 U.S.C. 922(t). For purposes of
10    this paragraph (g), "application" means when the buyer and
11    seller reach an agreement to purchase a firearm. For
12    purposes of this paragraph (g), "national governing body"
13    means a group of persons who adopt rules and formulate
14    policy on behalf of a national firearm sporting
15    organization.
16        (h) While holding any license as a dealer, importer,
17    manufacturer or pawnbroker under the federal Gun Control
18    Act of 1968, manufactures, sells or delivers to any
19    unlicensed person a handgun having a barrel, slide, frame
20    or receiver which is a die casting of zinc alloy or any
21    other nonhomogeneous metal which will melt or deform at a
22    temperature of less than 800 degrees Fahrenheit. For
23    purposes of this paragraph, (1) "firearm" is defined as in
24    the Firearm Owners Identification Card Act; and (2)
25    "handgun" is defined as a firearm designed to be held and
26    fired by the use of a single hand, and includes a

 

 

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1    combination of parts from which such a firearm can be
2    assembled.
3        (i) Sells or gives a firearm of any size to any person
4    under 18 years of age who does not possess a valid Firearm
5    Owner's Identification Card.
6        (j) Sells or gives a firearm while engaged in the
7    business of selling firearms at wholesale or retail
8    without being licensed as a federal firearms dealer under
9    Section 923 of the federal Gun Control Act of 1968 (18
10    U.S.C. 923). In this paragraph (j):
11        A person "engaged in the business" means a person who
12    devotes time, attention, and labor to engaging in the
13    activity as a regular course of trade or business with the
14    principal objective of livelihood and profit, but does not
15    include a person who makes occasional repairs of firearms
16    or who occasionally fits special barrels, stocks, or
17    trigger mechanisms to firearms.
18        "With the principal objective of livelihood and
19    profit" means that the intent underlying the sale or
20    disposition of firearms is predominantly one of obtaining
21    livelihood and pecuniary gain, as opposed to other
22    intents, such as improving or liquidating a personal
23    firearms collection; however, proof of profit shall not be
24    required as to a person who engages in the regular and
25    repetitive purchase and disposition of firearms for
26    criminal purposes or terrorism.

 

 

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1        (k) Sells or transfers ownership of a firearm to a
2    person who does not display to the seller or transferor of
3    the firearm either: (1) a currently valid Firearm Owner's
4    Identification Card that has previously been issued in the
5    transferee's name by the Illinois Department of State
6    Police under the provisions of the Firearm Owners
7    Identification Card Act; or (2) a currently valid license
8    to carry a concealed firearm that has previously been
9    issued in the transferee's name by the Illinois Department
10    of State Police under the Firearm Concealed Carry Act.
11    This paragraph (k) does not apply to the transfer of a
12    firearm to a person who is exempt from the requirement of
13    possessing a Firearm Owner's Identification Card under
14    Section 2 of the Firearm Owners Identification Card Act.
15    For the purposes of this Section, a currently valid
16    Firearm Owner's Identification Card means (i) a Firearm
17    Owner's Identification Card that has not expired or (ii)
18    an approval number issued in accordance with subsection
19    (a-10) of subsection 3 or Section 3.1 of the Firearm
20    Owners Identification Card Act shall be proof that the
21    Firearm Owner's Identification Card was valid.
22            (1) In addition to the other requirements of this
23        paragraph (k), all persons who are not federally
24        licensed firearms dealers must also have complied with
25        subsection (a-10) of Section 3 of the Firearm Owners
26        Identification Card Act by determining the validity of

 

 

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1        a purchaser's Firearm Owner's Identification Card.
2            (2) All sellers or transferors who have complied
3        with the requirements of subparagraph (1) of this
4        paragraph (k) shall not be liable for damages in any
5        civil action arising from the use or misuse by the
6        transferee of the firearm transferred, except for
7        willful or wanton misconduct on the part of the seller
8        or transferor.
9        (l) Not being entitled to the possession of a firearm,
10    delivers the firearm, knowing it to have been stolen or
11    converted. It may be inferred that a person who possesses
12    a firearm with knowledge that its serial number has been
13    removed or altered has knowledge that the firearm is
14    stolen or converted.
15    (B) Paragraph (h) of subsection (A) does not include
16firearms sold within 6 months after enactment of Public Act
1778-355 (approved August 21, 1973, effective October 1, 1973),
18nor is any firearm legally owned or possessed by any citizen or
19purchased by any citizen within 6 months after the enactment
20of Public Act 78-355 subject to confiscation or seizure under
21the provisions of that Public Act. Nothing in Public Act
2278-355 shall be construed to prohibit the gift or trade of any
23firearm if that firearm was legally held or acquired within 6
24months after the enactment of that Public Act.
25    (C) Sentence.
26        (1) Any person convicted of unlawful sale or delivery

 

 

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1    of firearms in violation of paragraph (c), (e), (f), (g),
2    or (h) of subsection (A) commits a Class 4 felony.
3        (2) Any person convicted of unlawful sale or delivery
4    of firearms in violation of paragraph (b) or (i) of
5    subsection (A) commits a Class 3 felony.
6        (3) Any person convicted of unlawful sale or delivery
7    of firearms in violation of paragraph (a) of subsection
8    (A) commits a Class 2 felony.
9        (4) Any person convicted of unlawful sale or delivery
10    of firearms in violation of paragraph (a), (b), or (i) of
11    subsection (A) in any school, on the real property
12    comprising a school, within 1,000 feet of the real
13    property comprising a school, at a school related
14    activity, or on or within 1,000 feet of any conveyance
15    owned, leased, or contracted by a school or school
16    district to transport students to or from school or a
17    school related activity, regardless of the time of day or
18    time of year at which the offense was committed, commits a
19    Class 1 felony. Any person convicted of a second or
20    subsequent violation of unlawful sale or delivery of
21    firearms in violation of paragraph (a), (b), or (i) of
22    subsection (A) in any school, on the real property
23    comprising a school, within 1,000 feet of the real
24    property comprising a school, at a school related
25    activity, or on or within 1,000 feet of any conveyance
26    owned, leased, or contracted by a school or school

 

 

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1    district to transport students to or from school or a
2    school related activity, regardless of the time of day or
3    time of year at which the offense was committed, commits a
4    Class 1 felony for which the sentence shall be a term of
5    imprisonment of no less than 5 years and no more than 15
6    years.
7        (5) Any person convicted of unlawful sale or delivery
8    of firearms in violation of paragraph (a) or (i) of
9    subsection (A) in residential property owned, operated, or
10    managed by a public housing agency or leased by a public
11    housing agency as part of a scattered site or mixed-income
12    development, in a public park, in a courthouse, on
13    residential property owned, operated, or managed by a
14    public housing agency or leased by a public housing agency
15    as part of a scattered site or mixed-income development,
16    on the real property comprising any public park, on the
17    real property comprising any courthouse, or on any public
18    way within 1,000 feet of the real property comprising any
19    public park, courthouse, or residential property owned,
20    operated, or managed by a public housing agency or leased
21    by a public housing agency as part of a scattered site or
22    mixed-income development commits a Class 2 felony.
23        (6) Any person convicted of unlawful sale or delivery
24    of firearms in violation of paragraph (j) of subsection
25    (A) commits a Class A misdemeanor. A second or subsequent
26    violation is a Class 4 felony.

 

 

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1        (7) Any person convicted of unlawful sale or delivery
2    of firearms in violation of paragraph (k) of subsection
3    (A) commits a Class 4 felony, except that a violation of
4    subparagraph (1) of paragraph (k) of subsection (A) shall
5    not be punishable as a crime or petty offense. A third or
6    subsequent conviction for a violation of paragraph (k) of
7    subsection (A) is a Class 1 felony.
8        (8) A person 18 years of age or older convicted of
9    unlawful sale or delivery of firearms in violation of
10    paragraph (a) or (i) of subsection (A), when the firearm
11    that was sold or given to another person under 18 years of
12    age was used in the commission of or attempt to commit a
13    forcible felony, shall be fined or imprisoned, or both,
14    not to exceed the maximum provided for the most serious
15    forcible felony so committed or attempted by the person
16    under 18 years of age who was sold or given the firearm.
17        (9) Any person convicted of unlawful sale or delivery
18    of firearms in violation of paragraph (d) of subsection
19    (A) commits a Class 3 felony.
20        (10) Any person convicted of unlawful sale or delivery
21    of firearms in violation of paragraph (l) of subsection
22    (A) commits a Class 2 felony if the delivery is of one
23    firearm. Any person convicted of unlawful sale or delivery
24    of firearms in violation of paragraph (l) of subsection
25    (A) commits a Class 1 felony if the delivery is of not less
26    than 2 and not more than 5 firearms at the same time or

 

 

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1    within a one year period. Any person convicted of unlawful
2    sale or delivery of firearms in violation of paragraph (l)
3    of subsection (A) commits a Class X felony for which he or
4    she shall be sentenced to a term of imprisonment of not
5    less than 6 years and not more than 30 years if the
6    delivery is of not less than 6 and not more than 10
7    firearms at the same time or within a 2 year period. Any
8    person convicted of unlawful sale or delivery of firearms
9    in violation of paragraph (l) of subsection (A) commits a
10    Class X felony for which he or she shall be sentenced to a
11    term of imprisonment of not less than 6 years and not more
12    than 40 years if the delivery is of not less than 11 and
13    not more than 20 firearms at the same time or within a 3
14    year period. Any person convicted of unlawful sale or
15    delivery of firearms in violation of paragraph (l) of
16    subsection (A) commits a Class X felony for which he or she
17    shall be sentenced to a term of imprisonment of not less
18    than 6 years and not more than 50 years if the delivery is
19    of not less than 21 and not more than 30 firearms at the
20    same time or within a 4 year period. Any person convicted
21    of unlawful sale or delivery of firearms in violation of
22    paragraph (l) of subsection (A) commits a Class X felony
23    for which he or she shall be sentenced to a term of
24    imprisonment of not less than 6 years and not more than 60
25    years if the delivery is of 31 or more firearms at the same
26    time or within a 5 year period.

 

 

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1    (D) For purposes of this Section:
2    "School" means a public or private elementary or secondary
3school, community college, college, or university.
4    "School related activity" means any sporting, social,
5academic, or other activity for which students' attendance or
6participation is sponsored, organized, or funded in whole or
7in part by a school or school district.
8    (E) A prosecution for a violation of paragraph (k) of
9subsection (A) of this Section may be commenced within 6 years
10after the commission of the offense. A prosecution for a
11violation of this Section other than paragraph (g) of
12subsection (A) of this Section may be commenced within 5 years
13after the commission of the offense defined in the particular
14paragraph.
15(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
1699-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
 
17    (720 ILCS 5/24-3B)
18    Sec. 24-3B. Firearms trafficking.
19    (a) A person commits firearms trafficking when he or she
20has not been issued a currently valid Firearm Owner's
21Identification Card and knowingly:
22        (1) brings, or causes to be brought, into this State,
23    a firearm or firearm ammunition for the purpose of sale,
24    delivery, or transfer to any other person or with the
25    intent to sell, deliver, or transfer the firearm or

 

 

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1    firearm ammunition to any other person; or
2        (2) brings, or causes to be brought, into this State,
3    a firearm and firearm ammunition for the purpose of sale,
4    delivery, or transfer to any other person or with the
5    intent to sell, deliver, or transfer the firearm and
6    firearm ammunition to any other person.
7    (a-5) This Section does not apply to:
8        (1) a person exempt under Section 2 of the Firearm
9    Owners Identification Card Act from the requirement of
10    having possession of a Firearm Owner's Identification Card
11    previously issued in his or her name by the Illinois
12    Department of State Police in order to acquire or possess
13    a firearm or firearm ammunition;
14        (2) a common carrier under subsection (i) of Section
15    24-2 of this Code; or
16        (3) a non-resident who may lawfully possess a firearm
17    in his or her resident state.
18    (b) Sentence.
19        (1) Firearms trafficking is a Class 1 felony for which
20    the person, if sentenced to a term of imprisonment, shall
21    be sentenced to not less than 4 years and not more than 20
22    years.
23        (2) Firearms trafficking by a person who has been
24    previously convicted of firearms trafficking, gunrunning,
25    or a felony offense for the unlawful sale, delivery, or
26    transfer of a firearm or firearm ammunition in this State

 

 

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1    or another jurisdiction is a Class X felony.
2(Source: P.A. 99-885, eff. 8-23-16.)
 
3    (720 ILCS 5/24-6)  (from Ch. 38, par. 24-6)
4    Sec. 24-6. Confiscation and disposition of weapons.
5    (a) Upon conviction of an offense in which a weapon was
6used or possessed by the offender, any weapon seized shall be
7confiscated by the trial court.
8    (b) Any stolen weapon so confiscated, when no longer
9needed for evidentiary purposes, shall be returned to the
10person entitled to possession, if known. After the disposition
11of a criminal case or in any criminal case where a final
12judgment in the case was not entered due to the death of the
13defendant, and when a confiscated weapon is no longer needed
14for evidentiary purposes, and when in due course no legitimate
15claim has been made for the weapon, the court may transfer the
16weapon to the sheriff of the county who may proceed to destroy
17it, or may in its discretion order the weapon preserved as
18property of the governmental body whose police agency seized
19the weapon, or may in its discretion order the weapon to be
20transferred to the Illinois Department of State Police for use
21by the crime laboratory system, for training purposes, or for
22any other application as deemed appropriate by the Department.
23If, after the disposition of a criminal case, a need still
24exists for the use of the confiscated weapon for evidentiary
25purposes, the court may transfer the weapon to the custody of

 

 

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1the State Department of Corrections for preservation. The
2court may not order the transfer of the weapon to any private
3individual or private organization other than to return a
4stolen weapon to its rightful owner.
5    The provisions of this Section shall not apply to
6violations of the Fish and Aquatic Life Code or the Wildlife
7Code. Confiscation of weapons for Fish and Aquatic Life Code
8and Wildlife Code violations shall be only as provided in
9those Codes.
10    (c) Any mental hospital that admits a person as an
11inpatient pursuant to any of the provisions of the Mental
12Health and Developmental Disabilities Code shall confiscate
13any firearms in the possession of that person at the time of
14admission, or at any time the firearms are discovered in the
15person's possession during the course of hospitalization. The
16hospital shall, as soon as possible following confiscation,
17transfer custody of the firearms to the appropriate law
18enforcement agency. The hospital shall give written notice to
19the person from whom the firearm was confiscated of the
20identity and address of the law enforcement agency to which it
21has given the firearm.
22    The law enforcement agency shall maintain possession of
23any firearm it obtains pursuant to this subsection for a
24minimum of 90 days. Thereafter, the firearm may be disposed of
25pursuant to the provisions of subsection (b) of this Section.
26(Source: P.A. 91-696, eff. 4-13-00.)
 

 

 

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1    (720 ILCS 5/24-8)
2    Sec. 24-8. Firearm tracing.
3    (a) Upon recovering a firearm from the possession of
4anyone who is not permitted by federal or State law to possess
5a firearm, a local law enforcement agency shall use the best
6available information, including a firearms trace when
7necessary, to determine how and from whom the person gained
8possession of the firearm. Upon recovering a firearm that was
9used in the commission of any offense classified as a felony or
10upon recovering a firearm that appears to have been lost,
11mislaid, stolen, or otherwise unclaimed, a local law
12enforcement agency shall use the best available information,
13including a firearms trace when necessary, to determine prior
14ownership of the firearm.
15    (b) Local law enforcement shall, when appropriate, use the
16National Tracing Center of the Federal Bureau of Alcohol,
17Tobacco and Firearms in complying with subsection (a) of this
18Section.
19    (c) Local law enforcement agencies shall use the Illinois
20Department of State Police Law Enforcement Agencies Data
21System (LEADS) Gun File to enter all stolen, seized, or
22recovered firearms as prescribed by LEADS regulations and
23policies.
24(Source: P.A. 91-364, eff. 1-1-00; 92-300, eff. 1-1-02.)
 

 

 

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1    (720 ILCS 5/24.8-5)
2    Sec. 24.8-5. Sentence. A violation of this Article is a
3petty offense. The Illinois State Police or any sheriff or
4police officer shall seize, take, remove or cause to be
5removed at the expense of the owner, any air rifle sold or used
6in any manner in violation of this Article.
7(Source: P.A. 97-1108, eff. 1-1-13.)
 
8    (720 ILCS 5/28-5)  (from Ch. 38, par. 28-5)
9    Sec. 28-5. Seizure of gambling devices and gambling funds.
10    (a) Every device designed for gambling which is incapable
11of lawful use or every device used unlawfully for gambling
12shall be considered a "gambling device", and shall be subject
13to seizure, confiscation and destruction by the Illinois
14Department of State Police or by any municipal, or other local
15authority, within whose jurisdiction the same may be found. As
16used in this Section, a "gambling device" includes any slot
17machine, and includes any machine or device constructed for
18the reception of money or other thing of value and so
19constructed as to return, or to cause someone to return, on
20chance to the player thereof money, property or a right to
21receive money or property. With the exception of any device
22designed for gambling which is incapable of lawful use, no
23gambling device shall be forfeited or destroyed unless an
24individual with a property interest in said device knows of
25the unlawful use of the device.

 

 

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1    (b) Every gambling device shall be seized and forfeited to
2the county wherein such seizure occurs. Any money or other
3thing of value integrally related to acts of gambling shall be
4seized and forfeited to the county wherein such seizure
5occurs.
6    (c) If, within 60 days after any seizure pursuant to
7subparagraph (b) of this Section, a person having any property
8interest in the seized property is charged with an offense,
9the court which renders judgment upon such charge shall,
10within 30 days after such judgment, conduct a forfeiture
11hearing to determine whether such property was a gambling
12device at the time of seizure. Such hearing shall be commenced
13by a written petition by the State, including material
14allegations of fact, the name and address of every person
15determined by the State to have any property interest in the
16seized property, a representation that written notice of the
17date, time and place of such hearing has been mailed to every
18such person by certified mail at least 10 days before such
19date, and a request for forfeiture. Every such person may
20appear as a party and present evidence at such hearing. The
21quantum of proof required shall be a preponderance of the
22evidence, and the burden of proof shall be on the State. If the
23court determines that the seized property was a gambling
24device at the time of seizure, an order of forfeiture and
25disposition of the seized property shall be entered: a
26gambling device shall be received by the State's Attorney, who

 

 

SB2037- 1872 -LRB102 17120 WGH 22551 b

1shall effect its destruction, except that valuable parts
2thereof may be liquidated and the resultant money shall be
3deposited in the general fund of the county wherein such
4seizure occurred; money and other things of value shall be
5received by the State's Attorney and, upon liquidation, shall
6be deposited in the general fund of the county wherein such
7seizure occurred. However, in the event that a defendant
8raises the defense that the seized slot machine is an antique
9slot machine described in subparagraph (b) (7) of Section 28-1
10of this Code and therefore he is exempt from the charge of a
11gambling activity participant, the seized antique slot machine
12shall not be destroyed or otherwise altered until a final
13determination is made by the Court as to whether it is such an
14antique slot machine. Upon a final determination by the Court
15of this question in favor of the defendant, such slot machine
16shall be immediately returned to the defendant. Such order of
17forfeiture and disposition shall, for the purposes of appeal,
18be a final order and judgment in a civil proceeding.
19    (d) If a seizure pursuant to subparagraph (b) of this
20Section is not followed by a charge pursuant to subparagraph
21(c) of this Section, or if the prosecution of such charge is
22permanently terminated or indefinitely discontinued without
23any judgment of conviction or acquittal (1) the State's
24Attorney shall commence an in rem proceeding for the
25forfeiture and destruction of a gambling device, or for the
26forfeiture and deposit in the general fund of the county of any

 

 

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1seized money or other things of value, or both, in the circuit
2court and (2) any person having any property interest in such
3seized gambling device, money or other thing of value may
4commence separate civil proceedings in the manner provided by
5law.
6    (e) Any gambling device displayed for sale to a riverboat
7gambling operation, casino gambling operation, or organization
8gaming facility or used to train occupational licensees of a
9riverboat gambling operation, casino gambling operation, or
10organization gaming facility as authorized under the Illinois
11Gambling Act is exempt from seizure under this Section.
12    (f) Any gambling equipment, devices, and supplies provided
13by a licensed supplier in accordance with the Illinois
14Gambling Act which are removed from a riverboat, casino, or
15organization gaming facility for repair are exempt from
16seizure under this Section.
17    (g) The following video gaming terminals are exempt from
18seizure under this Section:
19        (1) Video gaming terminals for sale to a licensed
20    distributor or operator under the Video Gaming Act.
21        (2) Video gaming terminals used to train licensed
22    technicians or licensed terminal handlers.
23        (3) Video gaming terminals that are removed from a
24    licensed establishment, licensed truck stop establishment,
25    licensed large truck stop establishment, licensed
26    fraternal establishment, or licensed veterans

 

 

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1    establishment for repair.
2    (h) Property seized or forfeited under this Section is
3subject to reporting under the Seizure and Forfeiture
4Reporting Act.
5    (i) Any sports lottery terminals provided by a central
6system provider that are removed from a lottery retailer for
7repair under the Sports Wagering Act are exempt from seizure
8under this Section.
9(Source: P.A. 100-512, eff. 7-1-18; 101-31, Article 25,
10Section 25-915, eff. 6-28-19; 101-31, Article 35, Section
1135-80, eff. 6-28-19; revised 7-12-19.)
 
12    (720 ILCS 5/29B-0.5)
13    Sec. 29B-0.5. Definitions. In this Article:
14    "Conduct" or "conducts" includes, in addition to its
15ordinary meaning, initiating, concluding, or participating in
16initiating or concluding a transaction.
17    "Criminally derived property" means: (1) any property,
18real or personal, constituting or derived from proceeds
19obtained, directly or indirectly, from activity that
20constitutes a felony under State, federal, or foreign law; or
21(2) any property represented to be property constituting or
22derived from proceeds obtained, directly or indirectly, from
23activity that constitutes a felony under State, federal, or
24foreign law.
25    "Department" means the Department of State Police of this

 

 

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1State or its successor agency.
2    "Director" means the Director of the Illinois State Police
3or his or her designated agents.
4    "Financial institution" means any bank; savings and loan
5association; trust company; agency or branch of a foreign bank
6in the United States; currency exchange; credit union;
7mortgage banking institution; pawnbroker; loan or finance
8company; operator of a credit card system; issuer, redeemer,
9or cashier of travelers checks, checks, or money orders;
10dealer in precious metals, stones, or jewels; broker or dealer
11in securities or commodities; investment banker; or investment
12company.
13    "Financial transaction" means a purchase, sale, loan,
14pledge, gift, transfer, delivery, or other disposition
15utilizing criminally derived property, and with respect to
16financial institutions, includes a deposit, withdrawal,
17transfer between accounts, exchange of currency, loan,
18extension of credit, purchase or sale of any stock, bond,
19certificate of deposit or other monetary instrument, use of
20safe deposit box, or any other payment, transfer or delivery
21by, through, or to a financial institution. "Financial
22transaction" also means a transaction which without regard to
23whether the funds, monetary instruments, or real or personal
24property involved in the transaction are criminally derived,
25any transaction which in any way or degree: (1) involves the
26movement of funds by wire or any other means; (2) involves one

 

 

SB2037- 1876 -LRB102 17120 WGH 22551 b

1or more monetary instruments; or (3) the transfer of title to
2any real or personal property. The receipt by an attorney of
3bona fide fees for the purpose of legal representation is not a
4financial transaction for purposes of this Article.
5    "Form 4-64" means the Illinois State Police
6Notice/Inventory of Seized Property (Form 4-64).
7    "Knowing that the property involved in a financial
8transaction represents the proceeds of some form of unlawful
9activity" means that the person knew the property involved in
10the transaction represented proceeds from some form, though
11not necessarily which form, of activity that constitutes a
12felony under State, federal, or foreign law.
13    "Monetary instrument" means United States coins and
14currency; coins and currency of a foreign country; travelers
15checks; personal checks, bank checks, and money orders;
16investment securities; bearer negotiable instruments; bearer
17investment securities; or bearer securities and certificates
18of stock in a form that title passes upon delivery.
19    "Specified criminal activity" means any violation of
20Section 29D-15.1 and any violation of Article 29D of this
21Code.
22    "Transaction reporting requirement under State law" means
23any violation as defined under the Currency Reporting Act.
24(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 
25    (720 ILCS 5/29B-3)

 

 

SB2037- 1877 -LRB102 17120 WGH 22551 b

1    Sec. 29B-3. Duty to enforce this Article.
2    (a) It is the duty of the Illinois Department of State
3Police, and its agents, officers, and investigators, to
4enforce this Article, except those provisions otherwise
5specifically delegated, and to cooperate with all agencies
6charged with the enforcement of the laws of the United States,
7or of any state, relating to money laundering. Only an agent,
8officer, or investigator designated by the Director may be
9authorized in accordance with this Section to serve seizure
10notices, warrants, subpoenas, and summonses under the
11authority of this State.
12    (b) An agent, officer, investigator, or peace officer
13designated by the Director may: (1) make seizure of property
14under this Article; and (2) perform other law enforcement
15duties as the Director designates. It is the duty of all
16State's Attorneys to prosecute violations of this Article and
17institute legal proceedings as authorized under this Article.
18(Source: P.A. 100-699, eff. 8-3-18.)
 
19    (720 ILCS 5/29B-4)
20    Sec. 29B-4. Protective orders and warrants for forfeiture
21purposes.
22    (a) Upon application of the State, the court may enter a
23restraining order or injunction, require the execution of a
24satisfactory performance bond, or take any other action to
25preserve the availability of property described in Section

 

 

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129B-5 of this Article for forfeiture under this Article:
2        (1) upon the filing of an indictment, information, or
3    complaint charging a violation of this Article for which
4    forfeiture may be ordered under this Article and alleging
5    that the property with respect to which the order is
6    sought would be subject to forfeiture under this Article;
7    or
8        (2) prior to the filing of the indictment,
9    information, or complaint, if, after notice to persons
10    appearing to have an interest in the property and
11    opportunity for a hearing, the court determines that:
12            (A) there is probable cause to believe that the
13        State will prevail on the issue of forfeiture and that
14        failure to enter the order will result in the property
15        being destroyed, removed from the jurisdiction of the
16        court, or otherwise made unavailable for forfeiture;
17        and
18            (B) the need to preserve the availability of the
19        property through the entry of the requested order
20        outweighs the hardship on any party against whom the
21        order is to be entered.
22        Provided, however, that an order entered under
23    paragraph (2) of this Section shall be effective for not
24    more than 90 days, unless extended by the court for good
25    cause shown or unless an indictment, information,
26    complaint, or administrative notice has been filed.

 

 

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1    (b) A temporary restraining order under this subsection
2(b) may be entered upon application of the State without
3notice or opportunity for a hearing when an indictment,
4information, complaint, or administrative notice has not yet
5been filed with respect to the property, if the State
6demonstrates that there is probable cause to believe that the
7property with respect to which the order is sought would be
8subject to forfeiture under this Article and that provision of
9notice will jeopardize the availability of the property for
10forfeiture. The temporary order shall expire not more than 30
11days after the date on which it is entered, unless extended for
12good cause shown or unless the party against whom it is entered
13consents to an extension for a longer period. A hearing
14requested concerning an order entered under this subsection
15(b) shall be held at the earliest possible time and prior to
16the expiration of the temporary order.
17    (c) The court may receive and consider, at a hearing held
18under this Section, evidence and information that would be
19inadmissible under the Illinois rules of evidence.
20    (d) Under its authority to enter a pretrial restraining
21order under this Section, the court may order a defendant to
22repatriate any property that may be seized and forfeited and
23to deposit that property pending trial with the Illinois
24Department of State Police or another law enforcement agency
25designated by the Illinois Department of State Police. Failure
26to comply with an order under this Section is punishable as a

 

 

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1civil or criminal contempt of court.
2    (e) The State may request the issuance of a warrant
3authorizing the seizure of property described in Section 29B-5
4of this Article in the same manner as provided for a search
5warrant. If the court determines that there is probable cause
6to believe that the property to be seized would be subject to
7forfeiture, the court shall issue a warrant authorizing the
8seizure of that property.
9(Source: P.A. 100-699, eff. 8-3-18.)
 
10    (720 ILCS 5/29B-12)
11    Sec. 29B-12. Non-judicial forfeiture. If non-real
12property that exceeds $20,000 in value excluding the value of
13any conveyance, or if real property is seized under the
14provisions of this Article, the State's Attorney shall
15institute judicial in rem forfeiture proceedings as described
16in Section 29B-13 of this Article within 28 days from receipt
17of notice of seizure from the seizing agency under Section
1829B-8 of this Article. However, if non-real property that does
19not exceed $20,000 in value excluding the value of any
20conveyance is seized, the following procedure shall be used:
21        (1) If, after review of the facts surrounding the
22    seizure, the State's Attorney is of the opinion that the
23    seized property is subject to forfeiture, then, within 28
24    days after the receipt of notice of seizure from the
25    seizing agency, the State's Attorney shall cause notice of

 

 

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1    pending forfeiture to be given to the owner of the
2    property and all known interest holders of the property in
3    accordance with Section 29B-10 of this Article.
4        (2) The notice of pending forfeiture shall include a
5    description of the property, the estimated value of the
6    property, the date and place of seizure, the conduct
7    giving rise to forfeiture or the violation of law alleged,
8    and a summary of procedures and procedural rights
9    applicable to the forfeiture action.
10        (3)(A) Any person claiming an interest in property
11    that is the subject of notice under paragraph (1) of this
12    Section, must, in order to preserve any rights or claims
13    to the property, within 45 days after the effective date
14    of notice as described in Section 29B-10 of this Article,
15    file a verified claim with the State's Attorney expressing
16    his or her interest in the property. The claim shall set
17    forth:
18            (i) the caption of the proceedings as set forth on
19        the notice of pending forfeiture and the name of the
20        claimant;
21            (ii) the address at which the claimant will accept
22        mail;
23            (iii) the nature and extent of the claimant's
24        interest in the property;
25            (iv) the date, identity of the transferor, and
26        circumstances of the claimant's acquisition of the

 

 

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1        interest in the property;
2            (v) the names and addresses of all other persons
3        known to have an interest in the property;
4            (vi) the specific provision of law relied on in
5        asserting the property is not subject to forfeiture;
6            (vii) all essential facts supporting each
7        assertion; and
8            (viii) the relief sought.
9        (B) If a claimant files the claim, then the State's
10    Attorney shall institute judicial in rem forfeiture
11    proceedings with the clerk of the court as described in
12    Section 29B-13 of this Article within 28 days after
13    receipt of the claim.
14        (4) If no claim is filed within the 28-day period as
15    described in paragraph (3) of this Section, the State's
16    Attorney shall declare the property forfeited and shall
17    promptly notify the owner and all known interest holders
18    of the property and the Director of the Illinois State
19    Police of the declaration of forfeiture and the Director
20    shall dispose of the property in accordance with law.
21(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 
22    (720 ILCS 5/29B-20)
23    Sec. 29B-20. Settlement of claims. Notwithstanding other
24provisions of this Article, the State's Attorney and a
25claimant of seized property may enter into an agreed-upon

 

 

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1settlement concerning the seized property in such an amount
2and upon such terms as are set out in writing in a settlement
3agreement. All proceeds from a settlement agreement shall be
4tendered to the Illinois Department of State Police and
5distributed under Section 29B-26 of this Article.
6(Source: P.A. 100-699, eff. 8-3-18.)
 
7    (720 ILCS 5/29B-25)
8    Sec. 29B-25. Return of property, damages, and costs.
9    (a) The law enforcement agency that holds custody of
10property seized for forfeiture shall deliver property ordered
11by the court to be returned or conveyed to the claimant within
12a reasonable time not to exceed 7 days, unless the order is
13stayed by the trial court or a reviewing court pending an
14appeal, motion to reconsider, or other reason.
15    (b) The law enforcement agency that holds custody of
16property is responsible for any damages, storage fees, and
17related costs applicable to property returned. The claimant
18shall not be subject to any charges by the State for storage of
19the property or expenses incurred in the preservation of the
20property. Charges for the towing of a conveyance shall be
21borne by the claimant unless the conveyance was towed for the
22sole reason of seizure for forfeiture. This Section does not
23prohibit the imposition of any fees or costs by a home rule
24unit of local government related to the impoundment of a
25conveyance under an ordinance enacted by the unit of

 

 

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1government.
2    (c) A law enforcement agency shall not retain forfeited
3property for its own use or transfer the property to any person
4or entity, except as provided under this Section. A law
5enforcement agency may apply in writing to the Director of the
6Illinois State Police to request that forfeited property be
7awarded to the agency for a specifically articulated official
8law enforcement use in an investigation. The Director shall
9provide a written justification in each instance detailing the
10reasons why the forfeited property was placed into official
11use and the justification shall be retained for a period of not
12less than 3 years.
13    (d) A claimant or a party interested in personal property
14contained within a seized conveyance may file a request with
15the State's Attorney in a non-judicial forfeiture action, or a
16motion with the court in a judicial forfeiture action for the
17return of any personal property contained within a conveyance
18that is seized under this Article. The return of personal
19property shall not be unreasonably withheld if the personal
20property is not mechanically or electrically coupled to the
21conveyance, needed for evidentiary purposes, or otherwise
22contraband. Any law enforcement agency that returns property
23under a court order under this Section shall not be liable to
24any person who claims ownership to the property if it is
25returned to an improper party.
26(Source: P.A. 100-699, eff. 8-3-18.)
 

 

 

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1    (720 ILCS 5/29B-26)
2    Sec. 29B-26. Distribution of proceeds. All moneys and the
3sale proceeds of all other property forfeited and seized under
4this Article shall be distributed as follows:
5        (1) 65% shall be distributed to the metropolitan
6    enforcement group, local, municipal, county, or State law
7    enforcement agency or agencies that conducted or
8    participated in the investigation resulting in the
9    forfeiture. The distribution shall bear a reasonable
10    relationship to the degree of direct participation of the
11    law enforcement agency in the effort resulting in the
12    forfeiture, taking into account the total value of the
13    property forfeited and the total law enforcement effort
14    with respect to the violation of the law upon which the
15    forfeiture is based. Amounts distributed to the agency or
16    agencies shall be used for the enforcement of laws.
17        (2)(i) 12.5% shall be distributed to the Office of the
18    State's Attorney of the county in which the prosecution
19    resulting in the forfeiture was instituted, deposited in a
20    special fund in the county treasury and appropriated to
21    the State's Attorney for use in the enforcement of laws.
22    In counties over 3,000,000 population, 25% shall be
23    distributed to the Office of the State's Attorney for use
24    in the enforcement of laws. If the prosecution is
25    undertaken solely by the Attorney General, the portion

 

 

SB2037- 1886 -LRB102 17120 WGH 22551 b

1    provided under this subparagraph (i) shall be distributed
2    to the Attorney General for use in the enforcement of
3    laws.
4        (ii) 12.5% shall be distributed to the Office of the
5    State's Attorneys Appellate Prosecutor and deposited in
6    the Narcotics Profit Forfeiture Fund of that office to be
7    used for additional expenses incurred in the
8    investigation, prosecution, and appeal of cases arising
9    under laws. The Office of the State's Attorneys Appellate
10    Prosecutor shall not receive distribution from cases
11    brought in counties with over 3,000,000 population.
12        (3) 10% shall be retained by the Illinois Department
13    of State Police for expenses related to the administration
14    and sale of seized and forfeited property.
15    Moneys and the sale proceeds distributed to the Illinois
16Department of State Police under this Article shall be
17deposited in the Money Laundering Asset Recovery Fund created
18in the State treasury and shall be used by the Illinois
19Department of State Police for State law enforcement purposes.
20All moneys and sale proceeds of property forfeited and seized
21under this Article and distributed according to this Section
22may also be used to purchase opioid antagonists as defined in
23Section 5-23 of the Substance Use Disorder Act.
24(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 
25    (720 ILCS 5/32-2)  (from Ch. 38, par. 32-2)

 

 

SB2037- 1887 -LRB102 17120 WGH 22551 b

1    Sec. 32-2. Perjury.
2    (a) A person commits perjury when, under oath or
3affirmation, in a proceeding or in any other matter where by
4law the oath or affirmation is required, he or she makes a
5false statement, material to the issue or point in question,
6knowing the statement is false.
7    (b) Proof of Falsity.
8    An indictment or information for perjury alleging that the
9offender, under oath, has knowingly made contradictory
10statements, material to the issue or point in question, in the
11same or in different proceedings, where the oath or
12affirmation is required, need not specify which statement is
13false. At the trial, the prosecution need not establish which
14statement is false.
15    (c) Admission of Falsity.
16    Where the contradictory statements are made in the same
17continuous trial, an admission by the offender in that same
18continuous trial of the falsity of a contradictory statement
19shall bar prosecution therefor under any provisions of this
20Code.
21    (d) A person shall be exempt from prosecution under
22subsection (a) of this Section if he or she is a peace officer
23who uses a false or fictitious name in the enforcement of the
24criminal laws, and this use is approved in writing as provided
25in Section 10-1 of "The Liquor Control Act of 1934", as
26amended, Section 5 of "An Act in relation to the use of an

 

 

SB2037- 1888 -LRB102 17120 WGH 22551 b

1assumed name in the conduct or transaction of business in this
2State", approved July 17, 1941, as amended, or Section
32605-200 of the Illinois Department of State Police Law.
4However, this exemption shall not apply to testimony in
5judicial proceedings where the identity of the peace officer
6is material to the issue, and he or she is ordered by the court
7to disclose his or her identity.
8    (e) Sentence.
9    Perjury is a Class 3 felony.
10(Source: P.A. 97-1108, eff. 1-1-13.)
 
11    (720 ILCS 5/32-8)  (from Ch. 38, par. 32-8)
12    Sec. 32-8. Tampering with public records.
13    (a) A person commits tampering with public records when he
14or she knowingly, without lawful authority, and with the
15intent to defraud any party, public officer or entity, alters,
16destroys, defaces, removes or conceals any public record.
17    (b) (Blank).
18    (c) A judge, circuit clerk or clerk of court, public
19official or employee, court reporter, or other person commits
20tampering with public records when he or she knowingly,
21without lawful authority, and with the intent to defraud any
22party, public officer or entity, alters, destroys, defaces,
23removes, or conceals any public record received or held by any
24judge or by a clerk of any court.
25    (c-5) "Public record" expressly includes, but is not

 

 

SB2037- 1889 -LRB102 17120 WGH 22551 b

1limited to, court records, or documents, evidence, or exhibits
2filed with the clerk of the court and which have become a part
3of the official court record, pertaining to any civil or
4criminal proceeding in any court.
5    (d) Sentence. A violation of subsection (a) is a Class 4
6felony. A violation of subsection (c) is a Class 3 felony. Any
7person convicted under subsection (c) who at the time of the
8violation was responsible for making, keeping, storing, or
9reporting the record for which the tampering occurred:
10        (1) shall forfeit his or her public office or public
11    employment, if any, and shall thereafter be ineligible for
12    both State and local public office and public employment
13    in this State for a period of 5 years after completion of
14    any term of probation, conditional discharge, or
15    incarceration in a penitentiary including the period of
16    mandatory supervised release;
17        (2) shall forfeit all retirement, pension, and other
18    benefits arising out of public office or public employment
19    as may be determined by the court in accordance with the
20    applicable provisions of the Illinois Pension Code;
21        (3) shall be subject to termination of any
22    professional licensure or registration in this State as
23    may be determined by the court in accordance with the
24    provisions of the applicable professional licensing or
25    registration laws;
26        (4) may be ordered by the court, after a hearing in

 

 

SB2037- 1890 -LRB102 17120 WGH 22551 b

1    accordance with applicable law and in addition to any
2    other penalty or fine imposed by the court, to forfeit to
3    the State an amount equal to any financial gain or the
4    value of any advantage realized by the person as a result
5    of the offense; and
6        (5) may be ordered by the court, after a hearing in
7    accordance with applicable law and in addition to any
8    other penalty or fine imposed by the court, to pay
9    restitution to the victim in an amount equal to any
10    financial loss or the value of any advantage lost by the
11    victim as a result of the offense.
12    For the purposes of this subsection (d), an offense under
13subsection (c) committed by a person holding public office or
14public employment shall be rebuttably presumed to relate to or
15arise out of or in connection with that public office or public
16employment.
17    (e) Any party litigant who believes a violation of this
18Section has occurred may seek the restoration of the court
19record as provided in the Court Records Restoration Act. Any
20order of the court denying the restoration of the court record
21may be appealed as any other civil judgment.
22    (f) When the sheriff or local law enforcement agency
23having jurisdiction declines to investigate, or inadequately
24investigates, the court or any interested party, shall notify
25the Illinois State Police of a suspected violation of
26subsection (a) or (c), who shall have the authority to

 

 

SB2037- 1891 -LRB102 17120 WGH 22551 b

1investigate, and may investigate, the same, without regard to
2whether the local law enforcement agency has requested the
3Illinois State Police to do so.
4    (g) If the State's Attorney having jurisdiction declines
5to prosecute a violation of subsection (a) or (c), the court or
6interested party shall notify the Attorney General of the
7refusal. The Attorney General shall, thereafter, have the
8authority to prosecute, and may prosecute, the violation,
9without a referral from the State's Attorney.
10    (h) Prosecution of a violation of subsection (c) shall be
11commenced within 3 years after the act constituting the
12violation is discovered or reasonably should have been
13discovered.
14(Source: P.A. 96-1217, eff. 1-1-11; 96-1508, eff. 6-1-11;
1597-1108, eff. 1-1-13.)
 
16    (720 ILCS 5/33-2)  (from Ch. 38, par. 33-2)
17    Sec. 33-2. Failure to report a bribe. Any public officer,
18public employee or juror who fails to report forthwith to the
19local State's Attorney, or in the case of a State employee to
20the Illinois Department of State Police, any offer made to him
21in violation of Section 33-1 commits a Class A misdemeanor.
22    In the case of a State employee, the making of such report
23to the Illinois Department of State Police shall discharge
24such employee from any further duty under this Section. Upon
25receiving any such report, the Illinois Department of State

 

 

SB2037- 1892 -LRB102 17120 WGH 22551 b

1Police shall forthwith transmit a copy thereof to the
2appropriate State's Attorney.
3(Source: P.A. 84-25.)
 
4    (720 ILCS 5/33-3.1)
5    Sec. 33-3.1. Solicitation misconduct (State government).
6    (a) An employee of an executive branch constitutional
7officer commits solicitation misconduct (State government)
8when, at any time, he or she knowingly solicits or receives
9contributions, as that term is defined in Section 9-1.4 of the
10Election Code, from a person engaged in a business or activity
11over which the person has regulatory authority.
12    (b) For the purpose of this Section, "employee of an
13executive branch constitutional officer" means a full-time or
14part-time salaried employee, full-time or part-time salaried
15appointee, or any contractual employee of any office, board,
16commission, agency, department, authority, administrative
17unit, or corporate outgrowth under the jurisdiction of an
18executive branch constitutional officer; and "regulatory
19authority" means having the responsibility to investigate,
20inspect, license, or enforce regulatory measures necessary to
21the requirements of any State or federal statute or regulation
22relating to the business or activity.
23    (c) An employee of an executive branch constitutional
24officer, including one who does not have regulatory authority,
25commits a violation of this Section if that employee knowingly

 

 

SB2037- 1893 -LRB102 17120 WGH 22551 b

1acts in concert with an employee of an executive branch
2constitutional officer who does have regulatory authority to
3solicit or receive contributions in violation of this Section.
4    (d) Solicitation misconduct (State government) is a Class
5A misdemeanor. An employee of an executive branch
6constitutional officer convicted of committing solicitation
7misconduct (State government) forfeits his or her employment.
8    (e) An employee of an executive branch constitutional
9officer who is discharged, demoted, suspended, threatened,
10harassed, or in any other manner discriminated against in the
11terms and conditions of employment because of lawful acts done
12by the employee or on behalf of the employee or others in
13furtherance of the enforcement of this Section shall be
14entitled to all relief necessary to make the employee whole.
15    (f) Any person who knowingly makes a false report of
16solicitation misconduct (State government) to the Illinois
17State Police, the Attorney General, a State's Attorney, or any
18law enforcement official is guilty of a Class C misdemeanor.
19(Source: P.A. 92-853, eff. 8-28-02.)
 
20    (720 ILCS 5/33-3.2)
21    Sec. 33-3.2. Solicitation misconduct (local government).
22    (a) An employee of a chief executive officer of a local
23government commits solicitation misconduct (local government)
24when, at any time, he or she knowingly solicits or receives
25contributions, as that term is defined in Section 9-1.4 of the

 

 

SB2037- 1894 -LRB102 17120 WGH 22551 b

1Election Code, from a person engaged in a business or activity
2over which the person has regulatory authority.
3    (b) For the purpose of this Section, "chief executive
4officer of a local government" means an executive officer of a
5county, township or municipal government or any administrative
6subdivision under jurisdiction of the county, township, or
7municipal government including but not limited to: chairman or
8president of a county board or commission, mayor or village
9president, township supervisor, county executive, municipal
10manager, assessor, auditor, clerk, coroner, recorder, sheriff
11or State's Attorney; "employee of a chief executive officer of
12a local government" means a full-time or part-time salaried
13employee, full-time or part-time salaried appointee, or any
14contractual employee of any office, board, commission, agency,
15department, authority, administrative unit, or corporate
16outgrowth under the jurisdiction of a chief executive officer
17of a local government; and "regulatory authority" means having
18the responsibility to investigate, inspect, license, or
19enforce regulatory measures necessary to the requirements of
20any State, local, or federal statute or regulation relating to
21the business or activity.
22    (c) An employee of a chief executive officer of a local
23government, including one who does not have regulatory
24authority, commits a violation of this Section if that
25employee knowingly acts in concert with an employee of a chief
26executive officer of a local government who does have

 

 

SB2037- 1895 -LRB102 17120 WGH 22551 b

1regulatory authority to solicit or receive contributions in
2violation of this Section.
3    (d) Solicitation misconduct (local government) is a Class
4A misdemeanor. An employee of a chief executive officer of a
5local government convicted of committing solicitation
6misconduct (local government) forfeits his or her employment.
7    (e) An employee of a chief executive officer of a local
8government who is discharged, demoted, suspended, threatened,
9harassed, or in any other manner discriminated against in the
10terms and conditions of employment because of lawful acts done
11by the employee or on behalf of the employee or others in
12furtherance of the enforcement of this Section shall be
13entitled to all relief necessary to make the employee whole.
14    (f) Any person who knowingly makes a false report of
15solicitation misconduct (local government) to the Illinois
16State Police, the Attorney General, a State's Attorney, or any
17law enforcement official is guilty of a Class C misdemeanor.
18(Source: P.A. 92-853, eff. 8-28-02.)
 
19    (720 ILCS 5/36-1.1)
20    Sec. 36-1.1. Seizure.
21    (a) Any property subject to forfeiture under this Article
22may be seized and impounded by the Director of the Illinois
23State Police or any peace officer upon process or seizure
24warrant issued by any court having jurisdiction over the
25property.

 

 

SB2037- 1896 -LRB102 17120 WGH 22551 b

1    (b) Any property subject to forfeiture under this Article
2may be seized and impounded by the Director of the Illinois
3State Police or any peace officer without process if there is
4probable cause to believe that the property is subject to
5forfeiture under Section 36-1 of this Article and the property
6is seized under circumstances in which a warrantless seizure
7or arrest would be reasonable.
8    (c) If the seized property is a conveyance, an
9investigation shall be made by the law enforcement agency as
10to any person whose right, title, interest, or lien is of
11record in the office of the agency or official in which title
12to or interest in the conveyance is required by law to be
13recorded.
14    (d) After seizure under this Section, notice shall be
15given to all known interest holders that forfeiture
16proceedings, including a preliminary review, may be instituted
17and the proceedings may be instituted under this Article.
18(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
19    (720 ILCS 5/36-1.3)
20    Sec. 36-1.3. Safekeeping of seized property pending
21disposition.
22    (a) Property seized under this Article is deemed to be in
23the custody of the Director of the Illinois State Police,
24subject only to the order and judgments of the circuit court
25having jurisdiction over the forfeiture proceedings and the

 

 

SB2037- 1897 -LRB102 17120 WGH 22551 b

1decisions of the State's Attorney under this Article.
2    (b) If property is seized under this Article, the seizing
3agency shall promptly conduct an inventory of the seized
4property and estimate the property's value and shall forward a
5copy of the inventory of seized property and the estimate of
6the property's value to the Director of the Illinois State
7Police. Upon receiving notice of seizure, the Director of the
8Illinois State Police may:
9        (1) place the property under seal;
10        (2) remove the property to a place designated by the
11    Director of the Illinois State Police;
12        (3) keep the property in the possession of the seizing
13    agency;
14        (4) remove the property to a storage area for
15    safekeeping;
16        (5) place the property under constructive seizure by
17    posting notice of pending forfeiture on it, by giving
18    notice of pending forfeiture to its owners and interest
19    holders, or by filing notice of pending forfeiture in any
20    appropriate public record relating to the property; or
21        (6) provide for another agency or custodian, including
22    an owner, secured party, or lienholder, to take custody of
23    the property upon the terms and conditions set by the
24    seizing agency.
25    (c) The seizing agency shall exercise ordinary care to
26protect the subject of the forfeiture from negligent loss,

 

 

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1damage, or destruction.
2    (d) Property seized or forfeited under this Article is
3subject to reporting under the Seizure and Forfeiture
4Reporting Act.
5(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
6100-1163, eff. 12-20-18.)
 
7    (720 ILCS 5/36-2.2)
8    Sec. 36-2.2. Replevin prohibited; return of personal
9property inside seized conveyance.
10    (a) Property seized under this Article shall not be
11subject to replevin, but is deemed to be in the custody of the
12Director of the Illinois State Police, subject only to the
13order and judgments of the circuit court having jurisdiction
14over the forfeiture proceedings and the decisions of the
15State's Attorney.
16    (b) A claimant or a party interested in personal property
17contained within a seized conveyance may file a motion with
18the court in a judicial forfeiture action for the return of any
19personal property contained within a conveyance seized under
20this Article. The return of personal property shall not be
21unreasonably withheld if the personal property is not
22mechanically or electrically coupled to the conveyance, needed
23for evidentiary purposes, or otherwise contraband. A law
24enforcement agency that returns property under a court order
25under this Section shall not be liable to any person who claims

 

 

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1ownership to the property if the property is returned to an
2improper party.
3(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
4    (720 ILCS 5/36-7)
5    Sec. 36-7. Distribution of proceeds; selling or retaining
6seized property prohibited.
7    (a) Except as otherwise provided in this Section, the
8court shall order that property forfeited under this Article
9be delivered to the Illinois Department of State Police within
1060 days.
11    (b) The Illinois Department of State Police or its
12designee shall dispose of all property at public auction and
13shall distribute the proceeds of the sale, together with any
14moneys forfeited or seized, under subsection (c) of this
15Section.
16    (c) All moneys and the sale proceeds of all other property
17forfeited and seized under this Act shall be distributed as
18follows:
19        (1) 65% shall be distributed to the drug task force,
20    metropolitan enforcement group, local, municipal, county,
21    or State law enforcement agency or agencies that conducted
22    or participated in the investigation resulting in the
23    forfeiture. The distribution shall bear a reasonable
24    relationship to the degree of direct participation of the
25    law enforcement agency in the effort resulting in the

 

 

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1    forfeiture, taking into account the total value of the
2    property forfeited and the total law enforcement effort
3    with respect to the violation of the law upon which the
4    forfeiture is based. Amounts distributed to the agency or
5    agencies shall be used, at the discretion of the agency,
6    for the enforcement of criminal laws; or for public
7    education in the community or schools in the prevention or
8    detection of the abuse of drugs or alcohol; or for
9    security cameras used for the prevention or detection of
10    violence, except that amounts distributed to the Secretary
11    of State shall be deposited into the Secretary of State
12    Evidence Fund to be used as provided in Section 2-115 of
13    the Illinois Vehicle Code.
14        Any local, municipal, or county law enforcement agency
15    entitled to receive a monetary distribution of forfeiture
16    proceeds may share those forfeiture proceeds pursuant to
17    the terms of an intergovernmental agreement with a
18    municipality that has a population in excess of 20,000 if:
19            (A) the receiving agency has entered into an
20        intergovernmental agreement with the municipality to
21        provide police services;
22            (B) the intergovernmental agreement for police
23        services provides for consideration in an amount of
24        not less than $1,000,000 per year;
25            (C) the seizure took place within the geographical
26        limits of the municipality; and

 

 

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1            (D) the funds are used only for the enforcement of
2        criminal laws; for public education in the community
3        or schools in the prevention or detection of the abuse
4        of drugs or alcohol; or for security cameras used for
5        the prevention or detection of violence or the
6        establishment of a municipal police force, including
7        the training of officers, construction of a police
8        station, the purchase of law enforcement equipment, or
9        vehicles.
10        (2) 12.5% shall be distributed to the Office of the
11    State's Attorney of the county in which the prosecution
12    resulting in the forfeiture was instituted, deposited in a
13    special fund in the county treasury and appropriated to
14    the State's Attorney for use, at the discretion of the
15    State's Attorney, in the enforcement of criminal laws; or
16    for public education in the community or schools in the
17    prevention or detection of the abuse of drugs or alcohol;
18    or at the discretion of the State's Attorney, in addition
19    to other authorized purposes, to make grants to local
20    substance abuse treatment facilities and half-way houses.
21    In counties over 3,000,000 population, 25% will be
22    distributed to the Office of the State's Attorney for use,
23    at the discretion of the State's Attorney, in the
24    enforcement of criminal laws; or for public education in
25    the community or schools in the prevention or detection of
26    the abuse of drugs or alcohol; or at the discretion of the

 

 

SB2037- 1902 -LRB102 17120 WGH 22551 b

1    State's Attorney, in addition to other authorized
2    purposes, to make grants to local substance abuse
3    treatment facilities and half-way houses. If the
4    prosecution is undertaken solely by the Attorney General,
5    the portion provided shall be distributed to the Attorney
6    General for use in the enforcement of criminal laws
7    governing cannabis and controlled substances or for public
8    education in the community or schools in the prevention or
9    detection of the abuse of drugs or alcohol.
10        12.5% shall be distributed to the Office of the
11    State's Attorneys Appellate Prosecutor and shall be used
12    at the discretion of the State's Attorneys Appellate
13    Prosecutor for additional expenses incurred in the
14    investigation, prosecution and appeal of cases arising in
15    the enforcement of criminal laws; or for public education
16    in the community or schools in the prevention or detection
17    of the abuse of drugs or alcohol. The Office of the State's
18    Attorneys Appellate Prosecutor shall not receive
19    distribution from cases brought in counties with over
20    3,000,000 population.
21        (3) 10% shall be retained by the Illinois Department
22    of State Police for expenses related to the administration
23    and sale of seized and forfeited property.
24    (d) A law enforcement agency shall not retain forfeited
25property for its own use or transfer the property to any person
26or entity, except as provided under this Section. A law

 

 

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1enforcement agency may apply in writing to the Director of the
2Illinois State Police to request that forfeited property be
3awarded to the agency for a specifically articulated official
4law enforcement use in an investigation. The Director of the
5Illinois State Police shall provide a written justification in
6each instance detailing the reasons why the forfeited property
7was placed into official use, and the justification shall be
8retained for a period of not less than 3 years.
9(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
10    Section 985. The Cannabis Control Act is amended by
11changing Sections 3, 4, 8, 10.2, 11, 15.2, 16.2, and 17 as
12follows:
 
13    (720 ILCS 550/3)  (from Ch. 56 1/2, par. 703)
14    Sec. 3. As used in this Act, unless the context otherwise
15requires:
16    (a) "Cannabis" includes marihuana, hashish and other
17substances which are identified as including any parts of the
18plant Cannabis Sativa, whether growing or not; the seeds
19thereof, the resin extracted from any part of such plant; and
20any compound, manufacture, salt, derivative, mixture, or
21preparation of such plant, its seeds, or resin, including
22tetrahydrocannabinol (THC) and all other cannabinol
23derivatives, including its naturally occurring or
24synthetically produced ingredients, whether produced directly

 

 

SB2037- 1904 -LRB102 17120 WGH 22551 b

1or indirectly by extraction, or independently by means of
2chemical synthesis or by a combination of extraction and
3chemical synthesis; but shall not include the mature stalks of
4such plant, fiber produced from such stalks, oil or cake made
5from the seeds of such plant, any other compound, manufacture,
6salt, derivative, mixture, or preparation of such mature
7stalks (except the resin extracted therefrom), fiber, oil or
8cake, or the sterilized seed of such plant which is incapable
9of germination.
10    (b) "Casual delivery" means the delivery of not more than
1110 grams of any substance containing cannabis without
12consideration.
13    (c) "Department" means the Illinois Department of Human
14Services (as successor to the Department of Alcoholism and
15Substance Abuse) or its successor agency.
16    (d) "Deliver" or "delivery" means the actual, constructive
17or attempted transfer of possession of cannabis, with or
18without consideration, whether or not there is an agency
19relationship.
20    (e) (Blank). "Department of State Police" means the
21Department of State Police of the State of Illinois or its
22successor agency.
23    (f) "Director" means the Director of the Illinois
24Department of State Police or his designated agent.
25    (g) "Local authorities" means a duly organized State,
26county, or municipal peace unit or police force.

 

 

SB2037- 1905 -LRB102 17120 WGH 22551 b

1    (h) "Manufacture" means the production, preparation,
2propagation, compounding, conversion or processing of
3cannabis, either directly or indirectly, by extraction from
4substances of natural origin, or independently by means of
5chemical synthesis, or by a combination of extraction and
6chemical synthesis, and includes any packaging or repackaging
7of cannabis or labeling of its container, except that this
8term does not include the preparation, compounding, packaging,
9or labeling of cannabis as an incident to lawful research,
10teaching, or chemical analysis and not for sale.
11    (i) "Person" means any individual, corporation, government
12or governmental subdivision or agency, business trust, estate,
13trust, partnership or association, or any other entity.
14    (j) "Produce" or "production" means planting, cultivating,
15tending or harvesting.
16    (k) "State" includes the State of Illinois and any state,
17district, commonwealth, territory, insular possession thereof,
18and any area subject to the legal authority of the United
19States of America.
20    (l) "Subsequent offense" means an offense under this Act,
21the offender of which, prior to his conviction of the offense,
22has at any time been convicted under this Act or under any laws
23of the United States or of any state relating to cannabis, or
24any controlled substance as defined in the Illinois Controlled
25Substances Act.
26(Source: P.A. 100-1091, eff. 8-26-18; 101-593, eff. 12-4-19.)
 

 

 

SB2037- 1906 -LRB102 17120 WGH 22551 b

1    (720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)
2    Sec. 4. Except as otherwise provided in the Cannabis
3Regulation and Tax Act and the Industrial Hemp Act, it is
4unlawful for any person knowingly to possess cannabis.
5    Any person who violates this Section with respect to:
6        (a) not more than 10 grams of any substance containing
7    cannabis is guilty of a civil law violation punishable by
8    a minimum fine of $100 and a maximum fine of $200. The
9    proceeds of the fine shall be payable to the clerk of the
10    circuit court. Within 30 days after the deposit of the
11    fine, the clerk shall distribute the proceeds of the fine
12    as follows:
13            (1) $10 of the fine to the circuit clerk and $10 of
14        the fine to the law enforcement agency that issued the
15        citation; the proceeds of each $10 fine distributed to
16        the circuit clerk and each $10 fine distributed to the
17        law enforcement agency that issued the citation for
18        the violation shall be used to defer the cost of
19        automatic expungements under paragraph (2.5) of
20        subsection (a) of Section 5.2 of the Criminal
21        Identification Act;
22            (2) $15 to the county to fund drug addiction
23        services;
24            (3) $10 to the Office of the State's Attorneys
25        Appellate Prosecutor for use in training programs;

 

 

SB2037- 1907 -LRB102 17120 WGH 22551 b

1            (4) $10 to the State's Attorney; and
2            (5) any remainder of the fine to the law
3        enforcement agency that issued the citation for the
4        violation.
5        With respect to funds designated for the Illinois
6    Department of State Police, the moneys shall be remitted
7    by the circuit court clerk to the Illinois Department of
8    State Police within one month after receipt for deposit
9    into the State Police Operations Assistance Fund. With
10    respect to funds designated for the Department of Natural
11    Resources, the Department of Natural Resources shall
12    deposit the moneys into the Conservation Police Operations
13    Assistance Fund;
14        (b) more than 10 grams but not more than 30 grams of
15    any substance containing cannabis is guilty of a Class B
16    misdemeanor;
17        (c) more than 30 grams but not more than 100 grams of
18    any substance containing cannabis is guilty of a Class A
19    misdemeanor; provided, that if any offense under this
20    subsection (c) is a subsequent offense, the offender shall
21    be guilty of a Class 4 felony;
22        (d) more than 100 grams but not more than 500 grams of
23    any substance containing cannabis is guilty of a Class 4
24    felony; provided that if any offense under this subsection
25    (d) is a subsequent offense, the offender shall be guilty
26    of a Class 3 felony;

 

 

SB2037- 1908 -LRB102 17120 WGH 22551 b

1        (e) more than 500 grams but not more than 2,000 grams
2    of any substance containing cannabis is guilty of a Class
3    3 felony;
4        (f) more than 2,000 grams but not more than 5,000
5    grams of any substance containing cannabis is guilty of a
6    Class 2 felony;
7        (g) more than 5,000 grams of any substance containing
8    cannabis is guilty of a Class 1 felony.
9(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
10    (720 ILCS 550/8)  (from Ch. 56 1/2, par. 708)
11    Sec. 8. Except as otherwise provided in the Cannabis
12Regulation and Tax Act and the Industrial Hemp Act, it is
13unlawful for any person knowingly to produce the Cannabis
14sativa plant or to possess such plants unless production or
15possession has been authorized pursuant to the provisions of
16Section 11 or 15.2 of the Act. Any person who violates this
17Section with respect to production or possession of:
18        (a) Not more than 5 plants is guilty of a civil
19    violation punishable by a minimum fine of $100 and a
20    maximum fine of $200. The proceeds of the fine are payable
21    to the clerk of the circuit court. Within 30 days after the
22    deposit of the fine, the clerk shall distribute the
23    proceeds of the fine as follows:
24            (1) $10 of the fine to the circuit clerk and $10 of
25        the fine to the law enforcement agency that issued the

 

 

SB2037- 1909 -LRB102 17120 WGH 22551 b

1        citation; the proceeds of each $10 fine distributed to
2        the circuit clerk and each $10 fine distributed to the
3        law enforcement agency that issued the citation for
4        the violation shall be used to defer the cost of
5        automatic expungements under paragraph (2.5) of
6        subsection (a) of Section 5.2 of the Criminal
7        Identification Act;
8            (2) $15 to the county to fund drug addiction
9        services;
10            (3) $10 to the Office of the State's Attorneys
11        Appellate Prosecutor for use in training programs;
12            (4) $10 to the State's Attorney; and
13            (5) any remainder of the fine to the law
14        enforcement agency that issued the citation for the
15        violation.
16        With respect to funds designated for the Illinois
17    Department of State Police, the moneys shall be remitted
18    by the circuit court clerk to the Illinois Department of
19    State Police within one month after receipt for deposit
20    into the State Police Operations Assistance Fund. With
21    respect to funds designated for the Department of Natural
22    Resources, the Department of Natural Resources shall
23    deposit the moneys into the Conservation Police Operations
24    Assistance Fund.
25        (b) More than 5, but not more than 20 plants, is guilty
26    of a Class 4 felony.

 

 

SB2037- 1910 -LRB102 17120 WGH 22551 b

1        (c) More than 20, but not more than 50 plants, is
2    guilty of a Class 3 felony.
3        (d) More than 50, but not more than 200 plants, is
4    guilty of a Class 2 felony for which a fine not to exceed
5    $100,000 may be imposed and for which liability for the
6    cost of conducting the investigation and eradicating such
7    plants may be assessed. Compensation for expenses incurred
8    in the enforcement of this provision shall be transmitted
9    to and deposited in the treasurer's office at the level of
10    government represented by the Illinois law enforcement
11    agency whose officers or employees conducted the
12    investigation or caused the arrest or arrests leading to
13    the prosecution, to be subsequently made available to that
14    law enforcement agency as expendable receipts for use in
15    the enforcement of laws regulating controlled substances
16    and cannabis. If such seizure was made by a combination of
17    law enforcement personnel representing different levels of
18    government, the court levying the assessment shall
19    determine the allocation of such assessment. The proceeds
20    of assessment awarded to the State treasury shall be
21    deposited in a special fund known as the Drug Traffic
22    Prevention Fund.
23        (e) More than 200 plants is guilty of a Class 1 felony
24    for which a fine not to exceed $100,000 may be imposed and
25    for which liability for the cost of conducting the
26    investigation and eradicating such plants may be assessed.

 

 

SB2037- 1911 -LRB102 17120 WGH 22551 b

1    Compensation for expenses incurred in the enforcement of
2    this provision shall be transmitted to and deposited in
3    the treasurer's office at the level of government
4    represented by the Illinois law enforcement agency whose
5    officers or employees conducted the investigation or
6    caused the arrest or arrests leading to the prosecution,
7    to be subsequently made available to that law enforcement
8    agency as expendable receipts for use in the enforcement
9    of laws regulating controlled substances and cannabis. If
10    such seizure was made by a combination of law enforcement
11    personnel representing different levels of government, the
12    court levying the assessment shall determine the
13    allocation of such assessment. The proceeds of assessment
14    awarded to the State treasury shall be deposited in a
15    special fund known as the Drug Traffic Prevention Fund.
16(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
17    (720 ILCS 550/10.2)  (from Ch. 56 1/2, par. 710.2)
18    Sec. 10.2. (a) Twelve and one-half percent of all amounts
19collected as fines pursuant to the provisions of this Act
20shall be paid into the Youth Drug Abuse Prevention Fund, which
21is hereby created in the State treasury, to be used by the
22Department of Human Services for the funding of programs and
23services for drug-abuse treatment, and prevention and
24education services, for juveniles.
25    (b) Eighty-seven and one-half percent of the proceeds of

 

 

SB2037- 1912 -LRB102 17120 WGH 22551 b

1all fines received under the provisions of this Act shall be
2transmitted to and deposited in the treasurer's office at the
3level of government as follows:
4        (1) If such seizure was made by a combination of law
5    enforcement personnel representing differing units of
6    local government, the court levying the fine shall
7    equitably allocate 50% of the fine among these units of
8    local government and shall allocate 37 1/2% to the county
9    general corporate fund. In the event that the seizure was
10    made by law enforcement personnel representing a unit of
11    local government from a municipality where the number of
12    inhabitants exceeds 2 million in population, the court
13    levying the fine shall allocate 87 1/2% of the fine to that
14    unit of local government. If the seizure was made by a
15    combination of law enforcement personnel representing
16    differing units of local government, and at least one of
17    those units represents a municipality where the number of
18    inhabitants exceeds 2 million in population, the court
19    shall equitably allocate 87 1/2% of the proceeds of the
20    fines received among the differing units of local
21    government.
22        (2) If such seizure was made by State law enforcement
23    personnel, then the court shall allocate 37 1/2% to the
24    State treasury and 50% to the county general corporate
25    fund.
26        (3) If a State law enforcement agency in combination

 

 

SB2037- 1913 -LRB102 17120 WGH 22551 b

1    with a law enforcement agency or agencies of a unit or
2    units of local government conducted the seizure, the court
3    shall equitably allocate 37 1/2% of the fines to or among
4    the law enforcement agency or agencies of the unit or
5    units of local government which conducted the seizure and
6    shall allocate 50% to the county general corporate fund.
7    (c) The proceeds of all fines allocated to the law
8enforcement agency or agencies of the unit or units of local
9government pursuant to subsection (b) shall be made available
10to that law enforcement agency as expendable receipts for use
11in the enforcement of laws regulating controlled substances
12and cannabis. The proceeds of fines awarded to the State
13treasury shall be deposited in a special fund known as the Drug
14Traffic Prevention Fund, except that amounts distributed to
15the Secretary of State shall be deposited into the Secretary
16of State Evidence Fund to be used as provided in Section 2-115
17of the Illinois Vehicle Code. Monies from this fund may be used
18by the Illinois Department of State Police for use in the
19enforcement of laws regulating controlled substances and
20cannabis; to satisfy funding provisions of the
21Intergovernmental Drug Laws Enforcement Act; to defray costs
22and expenses associated with returning violators of this Act,
23the Illinois Controlled Substances Act, and the
24Methamphetamine Control and Community Protection Act only, as
25provided in such Acts, when punishment of the crime shall be
26confinement of the criminal in the penitentiary; and all other

 

 

SB2037- 1914 -LRB102 17120 WGH 22551 b

1monies shall be paid into the general revenue fund in the State
2treasury.
3(Source: P.A. 94-556, eff. 9-11-05.)
 
4    (720 ILCS 550/11)  (from Ch. 56 1/2, par. 711)
5    Sec. 11. (a) The Department, with the written approval of
6the Illinois Department of State Police, may authorize the
7possession, production, manufacture and delivery of substances
8containing cannabis by persons engaged in research and when
9such authorization is requested by a physician licensed to
10practice medicine in all its branches, such authorization
11shall issue without unnecessary delay where the Department
12finds that such physician licensed to practice medicine in all
13its branches has certified that such possession, production,
14manufacture or delivery of such substance is necessary for the
15treatment of glaucoma, the side effects of chemotherapy or
16radiation therapy in cancer patients or such other procedure
17certified to be medically necessary; such authorization shall
18be, upon such terms and conditions as may be consistent with
19the public health and safety. To the extent of the applicable
20authorization, persons are exempt from prosecution in this
21State for possession, production, manufacture or delivery of
22cannabis.
23    (b) Persons registered under Federal law to conduct
24research with cannabis may conduct research with cannabis
25including, but not limited to treatment by a physician

 

 

SB2037- 1915 -LRB102 17120 WGH 22551 b

1licensed to practice medicine in all its branches for
2glaucoma, the side effects of chemotherapy or radiation
3therapy in cancer patients or such other procedure which is
4medically necessary within this State upon furnishing evidence
5of that Federal registration and notification of the scope and
6purpose of such research to the Department and to the Illinois
7Department of State Police of that Federal registration.
8    (c) Persons authorized to engage in research may be
9authorized by the Department to protect the privacy of
10individuals who are the subjects of such research by
11withholding from all persons not connected with the conduct of
12the research the names and other identifying characteristics
13of such individuals. Persons who are given this authorization
14shall not be compelled in any civil, criminal, administrative,
15legislative or other proceeding to identify the individuals
16who are the subjects of research for which the authorization
17was granted, except to the extent necessary to permit the
18Department to determine whether the research is being
19conducted in accordance with the authorization.
20(Source: P.A. 84-25.)
 
21    (720 ILCS 550/15.2)
22    Sec. 15.2. Industrial hemp pilot program.
23    (a) Pursuant to Section 7606 of the federal Agricultural
24Act of 2014, an institution of higher education or the
25Department of Agriculture may grow or cultivate industrial

 

 

SB2037- 1916 -LRB102 17120 WGH 22551 b

1hemp if:
2        (1) the industrial hemp is grown or cultivated for
3    purposes of research conducted under an agricultural pilot
4    program or other agricultural or academic research;
5        (2) the pilot program studies the growth, cultivation,
6    or marketing of industrial hemp; and
7        (3) any site used for the growing or cultivating of
8    industrial hemp is certified by, and registered with, the
9    Department of Agriculture.
10    (b) Before conducting industrial hemp research, an
11institution of higher education shall notify the Department of
12Agriculture and any local law enforcement agency in writing.
13    (c) The institution of higher education shall provide
14quarterly reports and an annual report to the Department of
15Agriculture on the research and the research program shall be
16subject to random inspection by the Department of Agriculture,
17the Illinois Department of State Police, or local law
18enforcement agencies. The institution of higher education
19shall submit the annual report to the Department of
20Agriculture on or before October 1.
21    (d) The Department of Agriculture may adopt rules to
22implement this Section. In order to provide for the
23expeditious and timely implementation of this Section, upon
24notification by an institution of higher education that the
25institution wishes to engage in the growth or cultivation of
26industrial hemp for agricultural research purposes, the

 

 

SB2037- 1917 -LRB102 17120 WGH 22551 b

1Department of Agriculture may adopt emergency rules under
2Section 5-45 of the Illinois Administrative Procedure Act to
3implement the provisions of this Section. If changes to the
4rules are required to comply with federal rules, the
5Department of Agriculture may adopt peremptory rules as
6necessary to comply with changes to corresponding federal
7rules. All other rules that the Department of Agriculture
8deems necessary to adopt in connection with this Section must
9proceed through the ordinary rule-making process. The adoption
10of emergency rules authorized by this Section shall be deemed
11to be necessary for the public interest, safety, and welfare.
12    The Department of Agriculture may determine, by rule, the
13duration of an institution of higher education's pilot program
14or industrial hemp research. If the institution of higher
15education has not completed its program within the timeframe
16established by rule, then the Department of Agriculture may
17grant an extension to the pilot program if unanticipated
18circumstances arose that impacted the program.
19    (e) As used in this Section:
20    "Industrial hemp" means cannabis sativa L. having no more
21than 0.3% total THC available, upon heating, or maximum
22delta-9 tetrahydrocannabinol content possible.
23    "Institution of higher education" means a State
24institution of higher education that offers a 4-year degree in
25agricultural science.
26(Source: P.A. 98-1072, eff. 1-1-15; 99-78, eff. 7-20-15.)
 

 

 

SB2037- 1918 -LRB102 17120 WGH 22551 b

1    (720 ILCS 550/16.2)
2    Sec. 16.2. Preservation of cannabis or cannabis sativa
3plants for laboratory testing.
4    (a) Before or after the trial in a prosecution for a
5violation of Section 4, 5, 5.1, 5.2, 8, or 9 of this Act, a law
6enforcement agency or an agent acting on behalf of the law
7enforcement agency must preserve, subject to a continuous
8chain of custody, not less than 6,001 grams of any substance
9containing cannabis and not less than 51 cannabis sativa
10plants with respect to the offenses enumerated in this
11subsection (a) and must maintain sufficient documentation to
12locate that evidence. Excess quantities with respect to the
13offenses enumerated in this subsection (a) cannot practicably
14be retained by a law enforcement agency because of its size,
15bulk, and physical character.
16    (b) The court may before trial transfer excess quantities
17of any substance containing cannabis or cannabis sativa plants
18with respect to a prosecution for any offense enumerated in
19subsection (a) to the sheriff of the county, or may in its
20discretion transfer such evidence to the Illinois Department
21of State Police, for destruction after notice is given to the
22defendant's attorney of record or to the defendant if the
23defendant is proceeding pro se.
24    (c) After a judgment of conviction is entered and the
25charged quantity is no longer needed for evidentiary purposes

 

 

SB2037- 1919 -LRB102 17120 WGH 22551 b

1with respect to a prosecution for any offense enumerated in
2subsection (a), the court may transfer any substance
3containing cannabis or cannabis sativa plants to the sheriff
4of the county, or may in its discretion transfer such evidence
5to the Illinois Department of State Police, for destruction
6after notice is given to the defendant's attorney of record or
7to the defendant if the defendant is proceeding pro se. No
8evidence shall be disposed of until 30 days after the judgment
9is entered, and if a notice of appeal is filed, no evidence
10shall be disposed of until the mandate has been received by the
11circuit court from the Appellate Court.
12(Source: P.A. 94-180, eff. 7-12-05.)
 
13    (720 ILCS 550/17)  (from Ch. 56 1/2, par. 717)
14    Sec. 17. It is hereby made the duty of the Illinois
15Department of State Police, all peace officers within the
16State and of all State's attorneys, to enforce all provisions
17of this Act and to cooperate with all agencies charged with the
18enforcement of the laws of the United States, of this State,
19and of all other states, relating to cannabis.
20(Source: P.A. 84-25.)
 
21    Section 990. The Illinois Controlled Substances Act is
22amended by changing Section 102 as follows:
 
23    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)

 

 

SB2037- 1920 -LRB102 17120 WGH 22551 b

1    Sec. 102. Definitions. As used in this Act, unless the
2context otherwise requires:
3    (a) "Addict" means any person who habitually uses any
4drug, chemical, substance or dangerous drug other than alcohol
5so as to endanger the public morals, health, safety or welfare
6or who is so far addicted to the use of a dangerous drug or
7controlled substance other than alcohol as to have lost the
8power of self control with reference to his or her addiction.
9    (b) "Administer" means the direct application of a
10controlled substance, whether by injection, inhalation,
11ingestion, or any other means, to the body of a patient,
12research subject, or animal (as defined by the Humane
13Euthanasia in Animal Shelters Act) by:
14        (1) a practitioner (or, in his or her presence, by his
15    or her authorized agent),
16        (2) the patient or research subject pursuant to an
17    order, or
18        (3) a euthanasia technician as defined by the Humane
19    Euthanasia in Animal Shelters Act.
20    (c) "Agent" means an authorized person who acts on behalf
21of or at the direction of a manufacturer, distributor,
22dispenser, prescriber, or practitioner. It does not include a
23common or contract carrier, public warehouseman or employee of
24the carrier or warehouseman.
25    (c-1) "Anabolic Steroids" means any drug or hormonal
26substance, chemically and pharmacologically related to

 

 

SB2037- 1921 -LRB102 17120 WGH 22551 b

1testosterone (other than estrogens, progestins,
2corticosteroids, and dehydroepiandrosterone), and includes:
3    (i) 3[beta],17-dihydroxy-5a-androstane, 
4    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
5    (iii) 5[alpha]-androstan-3,17-dione, 
6    (iv) 1-androstenediol (3[beta], 
7        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
8    (v) 1-androstenediol (3[alpha], 
9        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
10    (vi) 4-androstenediol  
11        (3[beta],17[beta]-dihydroxy-androst-4-ene), 
12    (vii) 5-androstenediol  
13        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
14    (viii) 1-androstenedione  
15        ([5alpha]-androst-1-en-3,17-dione), 
16    (ix) 4-androstenedione  
17        (androst-4-en-3,17-dione), 
18    (x) 5-androstenedione  
19        (androst-5-en-3,17-dione), 
20    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
21        hydroxyandrost-4-en-3-one), 
22    (xii) boldenone (17[beta]-hydroxyandrost- 
23        1,4,-diene-3-one), 
24    (xiii) boldione (androsta-1,4- 
25        diene-3,17-dione), 
26    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 

 

 

SB2037- 1922 -LRB102 17120 WGH 22551 b

1        [beta]-hydroxyandrost-4-en-3-one), 
2    (xv) clostebol (4-chloro-17[beta]- 
3        hydroxyandrost-4-en-3-one), 
4    (xvi) dehydrochloromethyltestosterone (4-chloro- 
5        17[beta]-hydroxy-17[alpha]-methyl- 
6        androst-1,4-dien-3-one), 
7    (xvii) desoxymethyltestosterone 
8    (17[alpha]-methyl-5[alpha] 
9        -androst-2-en-17[beta]-ol)(a.k.a., madol), 
10    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
11        '1-testosterone') (17[beta]-hydroxy- 
12        5[alpha]-androst-1-en-3-one), 
13    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
14        androstan-3-one), 
15    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
16        5[alpha]-androstan-3-one), 
17    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
18        hydroxyestr-4-ene), 
19    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
20        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
21    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
22        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
23    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
24        hydroxyandrostano[2,3-c]-furazan), 
25    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, 
26    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 

 

 

SB2037- 1923 -LRB102 17120 WGH 22551 b

1        androst-4-en-3-one), 
2    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
3        dihydroxy-estr-4-en-3-one), 
4    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
5        hydroxy-5-androstan-3-one), 
6    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
7        [5a]-androstan-3-one), 
8    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
9        hydroxyandrost-1,4-dien-3-one), 
10    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
11        dihydroxyandrost-5-ene), 
12    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
13        5[alpha]-androst-1-en-3-one), 
14    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
15        dihydroxy-5a-androstane, 
16    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
17        -5a-androstane, 
18    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
19        dihydroxyandrost-4-ene), 
20    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
21        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
22    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
23        hydroxyestra-4,9(10)-dien-3-one), 
24    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
25        hydroxyestra-4,9-11-trien-3-one), 
26    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 

 

 

SB2037- 1924 -LRB102 17120 WGH 22551 b

1        hydroxyandrost-4-en-3-one), 
2    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
3        hydroxyestr-4-en-3-one), 
4    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
5        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
6        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
7        1-testosterone'), 
8    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
9    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
10        dihydroxyestr-4-ene), 
11    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
12        dihydroxyestr-4-ene), 
13    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
14        dihydroxyestr-5-ene), 
15    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
16        dihydroxyestr-5-ene), 
17    (xlvii) 19-nor-4,9(10)-androstadienedione  
18        (estra-4,9(10)-diene-3,17-dione), 
19    (xlviii) 19-nor-4-androstenedione (estr-4- 
20        en-3,17-dione), 
21    (xlix) 19-nor-5-androstenedione (estr-5- 
22        en-3,17-dione), 
23    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
24        hydroxygon-4-en-3-one), 
25    (li) norclostebol (4-chloro-17[beta]- 
26        hydroxyestr-4-en-3-one), 

 

 

SB2037- 1925 -LRB102 17120 WGH 22551 b

1    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
2        hydroxyestr-4-en-3-one), 
3    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
4        hydroxyestr-4-en-3-one), 
5    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
6        2-oxa-5[alpha]-androstan-3-one), 
7    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
8        dihydroxyandrost-4-en-3-one), 
9    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
10        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
11    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
12        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
13    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
14        (5[alpha]-androst-1-en-3-one), 
15    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
16        secoandrosta-1,4-dien-17-oic 
17        acid lactone), 
18    (lx) testosterone (17[beta]-hydroxyandrost- 
19        4-en-3-one), 
20    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
21        diethyl-17[beta]-hydroxygon- 
22        4,9,11-trien-3-one), 
23    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
24        11-trien-3-one). 
25    Any person who is otherwise lawfully in possession of an
26anabolic steroid, or who otherwise lawfully manufactures,

 

 

SB2037- 1926 -LRB102 17120 WGH 22551 b

1distributes, dispenses, delivers, or possesses with intent to
2deliver an anabolic steroid, which anabolic steroid is
3expressly intended for and lawfully allowed to be administered
4through implants to livestock or other nonhuman species, and
5which is approved by the Secretary of Health and Human
6Services for such administration, and which the person intends
7to administer or have administered through such implants,
8shall not be considered to be in unauthorized possession or to
9unlawfully manufacture, distribute, dispense, deliver, or
10possess with intent to deliver such anabolic steroid for
11purposes of this Act.
12    (d) "Administration" means the Drug Enforcement
13Administration, United States Department of Justice, or its
14successor agency.
15    (d-5) "Clinical Director, Prescription Monitoring Program"
16means a Department of Human Services administrative employee
17licensed to either prescribe or dispense controlled substances
18who shall run the clinical aspects of the Department of Human
19Services Prescription Monitoring Program and its Prescription
20Information Library.
21    (d-10) "Compounding" means the preparation and mixing of
22components, excluding flavorings, (1) as the result of a
23prescriber's prescription drug order or initiative based on
24the prescriber-patient-pharmacist relationship in the course
25of professional practice or (2) for the purpose of, or
26incident to, research, teaching, or chemical analysis and not

 

 

SB2037- 1927 -LRB102 17120 WGH 22551 b

1for sale or dispensing. "Compounding" includes the preparation
2of drugs or devices in anticipation of receiving prescription
3drug orders based on routine, regularly observed dispensing
4patterns. Commercially available products may be compounded
5for dispensing to individual patients only if both of the
6following conditions are met: (i) the commercial product is
7not reasonably available from normal distribution channels in
8a timely manner to meet the patient's needs and (ii) the
9prescribing practitioner has requested that the drug be
10compounded.
11    (e) "Control" means to add a drug or other substance, or
12immediate precursor, to a Schedule whether by transfer from
13another Schedule or otherwise.
14    (f) "Controlled Substance" means (i) a drug, substance,
15immediate precursor, or synthetic drug in the Schedules of
16Article II of this Act or (ii) a drug or other substance, or
17immediate precursor, designated as a controlled substance by
18the Department through administrative rule. The term does not
19include distilled spirits, wine, malt beverages, or tobacco,
20as those terms are defined or used in the Liquor Control Act of
211934 and the Tobacco Products Tax Act of 1995.
22    (f-5) "Controlled substance analog" means a substance:
23        (1) the chemical structure of which is substantially
24    similar to the chemical structure of a controlled
25    substance in Schedule I or II;
26        (2) which has a stimulant, depressant, or

 

 

SB2037- 1928 -LRB102 17120 WGH 22551 b

1    hallucinogenic effect on the central nervous system that
2    is substantially similar to or greater than the stimulant,
3    depressant, or hallucinogenic effect on the central
4    nervous system of a controlled substance in Schedule I or
5    II; or
6        (3) with respect to a particular person, which such
7    person represents or intends to have a stimulant,
8    depressant, or hallucinogenic effect on the central
9    nervous system that is substantially similar to or greater
10    than the stimulant, depressant, or hallucinogenic effect
11    on the central nervous system of a controlled substance in
12    Schedule I or II.
13    (g) "Counterfeit substance" means a controlled substance,
14which, or the container or labeling of which, without
15authorization bears the trademark, trade name, or other
16identifying mark, imprint, number or device, or any likeness
17thereof, of a manufacturer, distributor, or dispenser other
18than the person who in fact manufactured, distributed, or
19dispensed the substance.
20    (h) "Deliver" or "delivery" means the actual, constructive
21or attempted transfer of possession of a controlled substance,
22with or without consideration, whether or not there is an
23agency relationship.
24    (i) "Department" means the Illinois Department of Human
25Services (as successor to the Department of Alcoholism and
26Substance Abuse) or its successor agency.

 

 

SB2037- 1929 -LRB102 17120 WGH 22551 b

1    (j) (Blank).
2    (k) "Department of Corrections" means the Department of
3Corrections of the State of Illinois or its successor agency.
4    (l) "Department of Financial and Professional Regulation"
5means the Department of Financial and Professional Regulation
6of the State of Illinois or its successor agency.
7    (m) "Depressant" means any drug that (i) causes an overall
8depression of central nervous system functions, (ii) causes
9impaired consciousness and awareness, and (iii) can be
10habit-forming or lead to a substance abuse problem, including
11but not limited to alcohol, cannabis and its active principles
12and their analogs, benzodiazepines and their analogs,
13barbiturates and their analogs, opioids (natural and
14synthetic) and their analogs, and chloral hydrate and similar
15sedative hypnotics.
16    (n) (Blank).
17    (o) "Director" means the Director of the Illinois State
18Police or his or her designated agents.
19    (p) "Dispense" means to deliver a controlled substance to
20an ultimate user or research subject by or pursuant to the
21lawful order of a prescriber, including the prescribing,
22administering, packaging, labeling, or compounding necessary
23to prepare the substance for that delivery.
24    (q) "Dispenser" means a practitioner who dispenses.
25    (r) "Distribute" means to deliver, other than by
26administering or dispensing, a controlled substance.

 

 

SB2037- 1930 -LRB102 17120 WGH 22551 b

1    (s) "Distributor" means a person who distributes.
2    (t) "Drug" means (1) substances recognized as drugs in the
3official United States Pharmacopoeia, Official Homeopathic
4Pharmacopoeia of the United States, or official National
5Formulary, or any supplement to any of them; (2) substances
6intended for use in diagnosis, cure, mitigation, treatment, or
7prevention of disease in man or animals; (3) substances (other
8than food) intended to affect the structure of any function of
9the body of man or animals and (4) substances intended for use
10as a component of any article specified in clause (1), (2), or
11(3) of this subsection. It does not include devices or their
12components, parts, or accessories.
13    (t-3) "Electronic health record" or "EHR" means an
14electronic record of health-related information on an
15individual that is created, gathered, managed, and consulted
16by authorized health care clinicians and staff.
17    (t-4) "Emergency medical services personnel" has the
18meaning ascribed to it in the Emergency Medical Services (EMS)
19Systems Act.
20    (t-5) "Euthanasia agency" means an entity certified by the
21Department of Financial and Professional Regulation for the
22purpose of animal euthanasia that holds an animal control
23facility license or animal shelter license under the Animal
24Welfare Act. A euthanasia agency is authorized to purchase,
25store, possess, and utilize Schedule II nonnarcotic and
26Schedule III nonnarcotic drugs for the sole purpose of animal

 

 

SB2037- 1931 -LRB102 17120 WGH 22551 b

1euthanasia.
2    (t-10) "Euthanasia drugs" means Schedule II or Schedule
3III substances (nonnarcotic controlled substances) that are
4used by a euthanasia agency for the purpose of animal
5euthanasia.
6    (u) "Good faith" means the prescribing or dispensing of a
7controlled substance by a practitioner in the regular course
8of professional treatment to or for any person who is under his
9or her treatment for a pathology or condition other than that
10individual's physical or psychological dependence upon or
11addiction to a controlled substance, except as provided
12herein: and application of the term to a pharmacist shall mean
13the dispensing of a controlled substance pursuant to the
14prescriber's order which in the professional judgment of the
15pharmacist is lawful. The pharmacist shall be guided by
16accepted professional standards including, but not limited to
17the following, in making the judgment:
18        (1) lack of consistency of prescriber-patient
19    relationship,
20        (2) frequency of prescriptions for same drug by one
21    prescriber for large numbers of patients,
22        (3) quantities beyond those normally prescribed,
23        (4) unusual dosages (recognizing that there may be
24    clinical circumstances where more or less than the usual
25    dose may be used legitimately),
26        (5) unusual geographic distances between patient,

 

 

SB2037- 1932 -LRB102 17120 WGH 22551 b

1    pharmacist and prescriber,
2        (6) consistent prescribing of habit-forming drugs.
3    (u-0.5) "Hallucinogen" means a drug that causes markedly
4altered sensory perception leading to hallucinations of any
5type.
6    (u-1) "Home infusion services" means services provided by
7a pharmacy in compounding solutions for direct administration
8to a patient in a private residence, long-term care facility,
9or hospice setting by means of parenteral, intravenous,
10intramuscular, subcutaneous, or intraspinal infusion.
11    (u-5) "Illinois State Police" means the Illinois State
12Police of the State of Illinois, or its successor agency.
13    (v) "Immediate precursor" means a substance:
14        (1) which the Department has found to be and by rule
15    designated as being a principal compound used, or produced
16    primarily for use, in the manufacture of a controlled
17    substance;
18        (2) which is an immediate chemical intermediary used
19    or likely to be used in the manufacture of such controlled
20    substance; and
21        (3) the control of which is necessary to prevent,
22    curtail or limit the manufacture of such controlled
23    substance.
24    (w) "Instructional activities" means the acts of teaching,
25educating or instructing by practitioners using controlled
26substances within educational facilities approved by the State

 

 

SB2037- 1933 -LRB102 17120 WGH 22551 b

1Board of Education or its successor agency.
2    (x) "Local authorities" means a duly organized State,
3County or Municipal peace unit or police force.
4    (y) "Look-alike substance" means a substance, other than a
5controlled substance which (1) by overall dosage unit
6appearance, including shape, color, size, markings or lack
7thereof, taste, consistency, or any other identifying physical
8characteristic of the substance, would lead a reasonable
9person to believe that the substance is a controlled
10substance, or (2) is expressly or impliedly represented to be
11a controlled substance or is distributed under circumstances
12which would lead a reasonable person to believe that the
13substance is a controlled substance. For the purpose of
14determining whether the representations made or the
15circumstances of the distribution would lead a reasonable
16person to believe the substance to be a controlled substance
17under this clause (2) of subsection (y), the court or other
18authority may consider the following factors in addition to
19any other factor that may be relevant:
20        (a) statements made by the owner or person in control
21    of the substance concerning its nature, use or effect;
22        (b) statements made to the buyer or recipient that the
23    substance may be resold for profit;
24        (c) whether the substance is packaged in a manner
25    normally used for the illegal distribution of controlled
26    substances;

 

 

SB2037- 1934 -LRB102 17120 WGH 22551 b

1        (d) whether the distribution or attempted distribution
2    included an exchange of or demand for money or other
3    property as consideration, and whether the amount of the
4    consideration was substantially greater than the
5    reasonable retail market value of the substance.
6    Clause (1) of this subsection (y) shall not apply to a
7noncontrolled substance in its finished dosage form that was
8initially introduced into commerce prior to the initial
9introduction into commerce of a controlled substance in its
10finished dosage form which it may substantially resemble.
11    Nothing in this subsection (y) prohibits the dispensing or
12distributing of noncontrolled substances by persons authorized
13to dispense and distribute controlled substances under this
14Act, provided that such action would be deemed to be carried
15out in good faith under subsection (u) if the substances
16involved were controlled substances.
17    Nothing in this subsection (y) or in this Act prohibits
18the manufacture, preparation, propagation, compounding,
19processing, packaging, advertising or distribution of a drug
20or drugs by any person registered pursuant to Section 510 of
21the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
22    (y-1) "Mail-order pharmacy" means a pharmacy that is
23located in a state of the United States that delivers,
24dispenses or distributes, through the United States Postal
25Service or other common carrier, to Illinois residents, any
26substance which requires a prescription.

 

 

SB2037- 1935 -LRB102 17120 WGH 22551 b

1    (z) "Manufacture" means the production, preparation,
2propagation, compounding, conversion or processing of a
3controlled substance other than methamphetamine, either
4directly or indirectly, by extraction from substances of
5natural origin, or independently by means of chemical
6synthesis, or by a combination of extraction and chemical
7synthesis, and includes any packaging or repackaging of the
8substance or labeling of its container, except that this term
9does not include:
10        (1) by an ultimate user, the preparation or
11    compounding of a controlled substance for his or her own
12    use; or
13        (2) by a practitioner, or his or her authorized agent
14    under his or her supervision, the preparation,
15    compounding, packaging, or labeling of a controlled
16    substance:
17            (a) as an incident to his or her administering or
18        dispensing of a controlled substance in the course of
19        his or her professional practice; or
20            (b) as an incident to lawful research, teaching or
21        chemical analysis and not for sale.
22    (z-1) (Blank).
23    (z-5) "Medication shopping" means the conduct prohibited
24under subsection (a) of Section 314.5 of this Act.
25    (z-10) "Mid-level practitioner" means (i) a physician
26assistant who has been delegated authority to prescribe

 

 

SB2037- 1936 -LRB102 17120 WGH 22551 b

1through a written delegation of authority by a physician
2licensed to practice medicine in all of its branches, in
3accordance with Section 7.5 of the Physician Assistant
4Practice Act of 1987, (ii) an advanced practice registered
5nurse who has been delegated authority to prescribe through a
6written delegation of authority by a physician licensed to
7practice medicine in all of its branches or by a podiatric
8physician, in accordance with Section 65-40 of the Nurse
9Practice Act, (iii) an advanced practice registered nurse
10certified as a nurse practitioner, nurse midwife, or clinical
11nurse specialist who has been granted authority to prescribe
12by a hospital affiliate in accordance with Section 65-45 of
13the Nurse Practice Act, (iv) an animal euthanasia agency, or
14(v) a prescribing psychologist.
15    (aa) "Narcotic drug" means any of the following, whether
16produced directly or indirectly by extraction from substances
17of vegetable origin, or independently by means of chemical
18synthesis, or by a combination of extraction and chemical
19synthesis:
20        (1) opium, opiates, derivatives of opium and opiates,
21    including their isomers, esters, ethers, salts, and salts
22    of isomers, esters, and ethers, whenever the existence of
23    such isomers, esters, ethers, and salts is possible within
24    the specific chemical designation; however the term
25    "narcotic drug" does not include the isoquinoline
26    alkaloids of opium;

 

 

SB2037- 1937 -LRB102 17120 WGH 22551 b

1        (2) (blank);
2        (3) opium poppy and poppy straw;
3        (4) coca leaves, except coca leaves and extracts of
4    coca leaves from which substantially all of the cocaine
5    and ecgonine, and their isomers, derivatives and salts,
6    have been removed;
7        (5) cocaine, its salts, optical and geometric isomers,
8    and salts of isomers;
9        (6) ecgonine, its derivatives, their salts, isomers,
10    and salts of isomers;
11        (7) any compound, mixture, or preparation which
12    contains any quantity of any of the substances referred to
13    in subparagraphs (1) through (6).
14    (bb) "Nurse" means a registered nurse licensed under the
15Nurse Practice Act.
16    (cc) (Blank).
17    (dd) "Opiate" means any substance having an addiction
18forming or addiction sustaining liability similar to morphine
19or being capable of conversion into a drug having addiction
20forming or addiction sustaining liability.
21    (ee) "Opium poppy" means the plant of the species Papaver
22somniferum L., except its seeds.
23    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
24solution or other liquid form of medication intended for
25administration by mouth, but the term does not include a form
26of medication intended for buccal, sublingual, or transmucosal

 

 

SB2037- 1938 -LRB102 17120 WGH 22551 b

1administration.
2    (ff) "Parole and Pardon Board" means the Parole and Pardon
3Board of the State of Illinois or its successor agency.
4    (gg) "Person" means any individual, corporation,
5mail-order pharmacy, government or governmental subdivision or
6agency, business trust, estate, trust, partnership or
7association, or any other entity.
8    (hh) "Pharmacist" means any person who holds a license or
9certificate of registration as a registered pharmacist, a
10local registered pharmacist or a registered assistant
11pharmacist under the Pharmacy Practice Act.
12    (ii) "Pharmacy" means any store, ship or other place in
13which pharmacy is authorized to be practiced under the
14Pharmacy Practice Act.
15    (ii-5) "Pharmacy shopping" means the conduct prohibited
16under subsection (b) of Section 314.5 of this Act.
17    (ii-10) "Physician" (except when the context otherwise
18requires) means a person licensed to practice medicine in all
19of its branches.
20    (jj) "Poppy straw" means all parts, except the seeds, of
21the opium poppy, after mowing.
22    (kk) "Practitioner" means a physician licensed to practice
23medicine in all its branches, dentist, optometrist, podiatric
24physician, veterinarian, scientific investigator, pharmacist,
25physician assistant, advanced practice registered nurse,
26licensed practical nurse, registered nurse, emergency medical

 

 

SB2037- 1939 -LRB102 17120 WGH 22551 b

1services personnel, hospital, laboratory, or pharmacy, or
2other person licensed, registered, or otherwise lawfully
3permitted by the United States or this State to distribute,
4dispense, conduct research with respect to, administer or use
5in teaching or chemical analysis, a controlled substance in
6the course of professional practice or research.
7    (ll) "Pre-printed prescription" means a written
8prescription upon which the designated drug has been indicated
9prior to the time of issuance; the term does not mean a written
10prescription that is individually generated by machine or
11computer in the prescriber's office.
12    (mm) "Prescriber" means a physician licensed to practice
13medicine in all its branches, dentist, optometrist,
14prescribing psychologist licensed under Section 4.2 of the
15Clinical Psychologist Licensing Act with prescriptive
16authority delegated under Section 4.3 of the Clinical
17Psychologist Licensing Act, podiatric physician, or
18veterinarian who issues a prescription, a physician assistant
19who issues a prescription for a controlled substance in
20accordance with Section 303.05, a written delegation, and a
21written collaborative agreement required under Section 7.5 of
22the Physician Assistant Practice Act of 1987, an advanced
23practice registered nurse with prescriptive authority
24delegated under Section 65-40 of the Nurse Practice Act and in
25accordance with Section 303.05, a written delegation, and a
26written collaborative agreement under Section 65-35 of the

 

 

SB2037- 1940 -LRB102 17120 WGH 22551 b

1Nurse Practice Act, an advanced practice registered nurse
2certified as a nurse practitioner, nurse midwife, or clinical
3nurse specialist who has been granted authority to prescribe
4by a hospital affiliate in accordance with Section 65-45 of
5the Nurse Practice Act and in accordance with Section 303.05,
6or an advanced practice registered nurse certified as a nurse
7practitioner, nurse midwife, or clinical nurse specialist who
8has full practice authority pursuant to Section 65-43 of the
9Nurse Practice Act.
10    (nn) "Prescription" means a written, facsimile, or oral
11order, or an electronic order that complies with applicable
12federal requirements, of a physician licensed to practice
13medicine in all its branches, dentist, podiatric physician or
14veterinarian for any controlled substance, of an optometrist
15in accordance with Section 15.1 of the Illinois Optometric
16Practice Act of 1987, of a prescribing psychologist licensed
17under Section 4.2 of the Clinical Psychologist Licensing Act
18with prescriptive authority delegated under Section 4.3 of the
19Clinical Psychologist Licensing Act, of a physician assistant
20for a controlled substance in accordance with Section 303.05,
21a written delegation, and a written collaborative agreement
22required under Section 7.5 of the Physician Assistant Practice
23Act of 1987, of an advanced practice registered nurse with
24prescriptive authority delegated under Section 65-40 of the
25Nurse Practice Act who issues a prescription for a controlled
26substance in accordance with Section 303.05, a written

 

 

SB2037- 1941 -LRB102 17120 WGH 22551 b

1delegation, and a written collaborative agreement under
2Section 65-35 of the Nurse Practice Act, of an advanced
3practice registered nurse certified as a nurse practitioner,
4nurse midwife, or clinical nurse specialist who has been
5granted authority to prescribe by a hospital affiliate in
6accordance with Section 65-45 of the Nurse Practice Act and in
7accordance with Section 303.05 when required by law, or of an
8advanced practice registered nurse certified as a nurse
9practitioner, nurse midwife, or clinical nurse specialist who
10has full practice authority pursuant to Section 65-43 of the
11Nurse Practice Act.
12    (nn-5) "Prescription Information Library" (PIL) means an
13electronic library that contains reported controlled substance
14data.
15    (nn-10) "Prescription Monitoring Program" (PMP) means the
16entity that collects, tracks, and stores reported data on
17controlled substances and select drugs pursuant to Section
18316.
19    (oo) "Production" or "produce" means manufacture,
20planting, cultivating, growing, or harvesting of a controlled
21substance other than methamphetamine.
22    (pp) "Registrant" means every person who is required to
23register under Section 302 of this Act.
24    (qq) "Registry number" means the number assigned to each
25person authorized to handle controlled substances under the
26laws of the United States and of this State.

 

 

SB2037- 1942 -LRB102 17120 WGH 22551 b

1    (qq-5) "Secretary" means, as the context requires, either
2the Secretary of the Department or the Secretary of the
3Department of Financial and Professional Regulation, and the
4Secretary's designated agents.
5    (rr) "State" includes the State of Illinois and any state,
6district, commonwealth, territory, insular possession thereof,
7and any area subject to the legal authority of the United
8States of America.
9    (rr-5) "Stimulant" means any drug that (i) causes an
10overall excitation of central nervous system functions, (ii)
11causes impaired consciousness and awareness, and (iii) can be
12habit-forming or lead to a substance abuse problem, including
13but not limited to amphetamines and their analogs,
14methylphenidate and its analogs, cocaine, and phencyclidine
15and its analogs.
16    (rr-10) "Synthetic drug" includes, but is not limited to,
17any synthetic cannabinoids or piperazines or any synthetic
18cathinones as provided for in Schedule I.
19    (ss) "Ultimate user" means a person who lawfully possesses
20a controlled substance for his or her own use or for the use of
21a member of his or her household or for administering to an
22animal owned by him or her or by a member of his or her
23household.
24(Source: P.A. 99-78, eff. 7-20-15; 99-173, eff. 7-29-15;
2599-371, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, eff.
267-28-16; 100-280, eff. 1-1-18; 100-453, eff. 8-25-17; 100-513,

 

 

SB2037- 1943 -LRB102 17120 WGH 22551 b

1eff. 1-1-18; 100-789, eff. 1-1-19; 100-863, eff. 8-14-18.)
 
2    Section 1000. The Methamphetamine Control and Community
3Protection Act is amended by changing Sections 10, 90, and 95
4as follows:
 
5    (720 ILCS 646/10)
6    Sec. 10. Definitions. As used in this Act:
7    "Anhydrous ammonia" has the meaning provided in subsection
8(d) of Section 3 of the Illinois Fertilizer Act of 1961.
9    "Anhydrous ammonia equipment" means all items used to
10store, hold, contain, handle, transfer, transport, or apply
11anhydrous ammonia for lawful purposes.
12    "Booby trap" means any device designed to cause physical
13injury when triggered by an act of a person approaching,
14entering, or moving through a structure, a vehicle, or any
15location where methamphetamine has been manufactured, is being
16manufactured, or is intended to be manufactured.
17    "Deliver" or "delivery" has the meaning provided in
18subsection (h) of Section 102 of the Illinois Controlled
19Substances Act.
20    "Director" means the Director of the Illinois State Police
21or the Director's designated agents.
22    "Dispose" or "disposal" means to abandon, discharge,
23release, deposit, inject, dump, spill, leak, or place
24methamphetamine waste onto or into any land, water, or well of

 

 

SB2037- 1944 -LRB102 17120 WGH 22551 b

1any type so that the waste has the potential to enter the
2environment, be emitted into the air, or be discharged into
3the soil or any waters, including groundwater.
4    "Emergency response" means the act of collecting evidence
5from or securing a methamphetamine laboratory site,
6methamphetamine waste site or other methamphetamine-related
7site and cleaning up the site, whether these actions are
8performed by public entities or private contractors paid by
9public entities.
10    "Emergency service provider" means a local, State, or
11federal peace officer, firefighter, emergency medical
12technician-ambulance, emergency medical
13technician-intermediate, emergency medical
14technician-paramedic, ambulance driver, or other medical or
15first aid personnel rendering aid, or any agent or designee of
16the foregoing.
17    "Finished methamphetamine" means methamphetamine in a form
18commonly used for personal consumption.
19    "Firearm" has the meaning provided in Section 1.1 of the
20Firearm Owners Identification Card Act.
21    "Manufacture" means to produce, prepare, compound,
22convert, process, synthesize, concentrate, purify, separate,
23extract, or package any methamphetamine, methamphetamine
24precursor, methamphetamine manufacturing catalyst,
25methamphetamine manufacturing reagent, methamphetamine
26manufacturing solvent, or any substance containing any of the

 

 

SB2037- 1945 -LRB102 17120 WGH 22551 b

1foregoing.
2    "Methamphetamine" means the chemical methamphetamine (a
3Schedule II controlled substance under the Illinois Controlled
4Substances Act) or any salt, optical isomer, salt of optical
5isomer, or analog thereof, with the exception of
63,4-Methylenedioxymethamphetamine (MDMA) or any other
7scheduled substance with a separate listing under the Illinois
8Controlled Substances Act.
9    "Methamphetamine manufacturing catalyst" means any
10substance that has been used, is being used, or is intended to
11be used to activate, accelerate, extend, or improve a chemical
12reaction involved in the manufacture of methamphetamine.
13    "Methamphetamine manufacturing environment" means a
14structure or vehicle in which:
15        (1) methamphetamine is being or has been manufactured;
16        (2) chemicals that are being used, have been used, or
17    are intended to be used to manufacture methamphetamine are
18    stored;
19        (3) methamphetamine manufacturing materials that have
20    been used to manufacture methamphetamine are stored; or
21        (4) methamphetamine manufacturing waste is stored.
22    "Methamphetamine manufacturing material" means any
23methamphetamine precursor, substance containing any
24methamphetamine precursor, methamphetamine manufacturing
25catalyst, substance containing any methamphetamine
26manufacturing catalyst, methamphetamine manufacturing

 

 

SB2037- 1946 -LRB102 17120 WGH 22551 b

1reagent, substance containing any methamphetamine
2manufacturing reagent, methamphetamine manufacturing solvent,
3substance containing any methamphetamine manufacturing
4solvent, or any other chemical, substance, ingredient,
5equipment, apparatus, or item that is being used, has been
6used, or is intended to be used in the manufacture of
7methamphetamine.
8    "Methamphetamine manufacturing reagent" means any
9substance other than a methamphetamine manufacturing catalyst
10that has been used, is being used, or is intended to be used to
11react with and chemically alter any methamphetamine precursor.
12    "Methamphetamine manufacturing solvent" means any
13substance that has been used, is being used, or is intended to
14be used as a medium in which any methamphetamine precursor,
15methamphetamine manufacturing catalyst, methamphetamine
16manufacturing reagent, or any substance containing any of the
17foregoing is dissolved, diluted, or washed during any part of
18the methamphetamine manufacturing process.
19    "Methamphetamine manufacturing waste" means any chemical,
20substance, ingredient, equipment, apparatus, or item that is
21left over from, results from, or is produced by the process of
22manufacturing methamphetamine, other than finished
23methamphetamine.
24    "Methamphetamine precursor" means ephedrine,
25pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
26phenylacetone, phenyl-2-propanone, P2P, or any salt, optical

 

 

SB2037- 1947 -LRB102 17120 WGH 22551 b

1isomer, or salt of an optical isomer of any of these chemicals.
2    "Multi-unit dwelling" means a unified structure used or
3intended for use as a habitation, home, or residence that
4contains 2 or more condominiums, apartments, hotel rooms,
5motel rooms, or other living units.
6    "Package" means an item marked for retail sale that is not
7designed to be further broken down or subdivided for the
8purpose of retail sale.
9    "Participate" or "participation" in the manufacture of
10methamphetamine means to produce, prepare, compound, convert,
11process, synthesize, concentrate, purify, separate, extract,
12or package any methamphetamine, methamphetamine precursor,
13methamphetamine manufacturing catalyst, methamphetamine
14manufacturing reagent, methamphetamine manufacturing solvent,
15or any substance containing any of the foregoing, or to assist
16in any of these actions, or to attempt to take any of these
17actions, regardless of whether this action or these actions
18result in the production of finished methamphetamine.
19    "Person with a disability" means a person who suffers from
20a permanent physical or mental impairment resulting from
21disease, injury, functional disorder, or congenital condition
22which renders the person incapable of adequately providing for
23his or her own health and personal care.
24    "Procure" means to purchase, steal, gather, or otherwise
25obtain, by legal or illegal means, or to cause another to take
26such action.

 

 

SB2037- 1948 -LRB102 17120 WGH 22551 b

1    "Second or subsequent offense" means an offense under this
2Act committed by an offender who previously committed an
3offense under this Act, the Illinois Controlled Substances
4Act, the Cannabis Control Act, or another Act of this State,
5another state, or the United States relating to
6methamphetamine, cannabis, or any other controlled substance.
7    "Standard dosage form", as used in relation to any
8methamphetamine precursor, means that the methamphetamine
9precursor is contained in a pill, tablet, capsule, caplet, gel
10cap, or liquid cap that has been manufactured by a lawful
11entity and contains a standard quantity of methamphetamine
12precursor.
13    "Unauthorized container", as used in relation to anhydrous
14ammonia, means any container that is not designed for the
15specific and sole purpose of holding, storing, transporting,
16or applying anhydrous ammonia. "Unauthorized container"
17includes, but is not limited to, any propane tank, fire
18extinguisher, oxygen cylinder, gasoline can, food or beverage
19cooler, or compressed gas cylinder used in dispensing fountain
20drinks. "Unauthorized container" does not encompass anhydrous
21ammonia manufacturing plants, refrigeration systems where
22anhydrous ammonia is used solely as a refrigerant, anhydrous
23ammonia transportation pipelines, anhydrous ammonia tankers,
24or anhydrous ammonia barges.
25(Source: P.A. 97-434, eff. 1-1-12.)
 

 

 

SB2037- 1949 -LRB102 17120 WGH 22551 b

1    (720 ILCS 646/90)
2    Sec. 90. Methamphetamine restitution.
3    (a) If a person commits a violation of this Act in a manner
4that requires an emergency response, the person shall be
5required to make restitution to all public entities involved
6in the emergency response, to cover the reasonable cost of
7their participation in the emergency response, including but
8not limited to regular and overtime costs incurred by local
9law enforcement agencies and private contractors paid by the
10public agencies in securing the site. The convicted person
11shall make this restitution in addition to any other fine or
12penalty required by law.
13    (b) Any restitution payments made under this Section shall
14be disbursed equitably by the circuit clerk in the following
15order:
16        (1) first, to the agency responsible for the
17    mitigation of the incident;
18        (2) second, to the local agencies involved in the
19    emergency response;
20        (3) third, to the State agencies involved in the
21    emergency response; and
22        (4) fourth, to the federal agencies involved in the
23    emergency response.
24    (c) In addition to any other penalties and liabilities, a
25person who is convicted of violating any Section of this Act,
26whose violation proximately caused any incident resulting in

 

 

SB2037- 1950 -LRB102 17120 WGH 22551 b

1an appropriate emergency response, shall be assessed a fine of
2$2,500, payable to the circuit clerk, who shall distribute the
3money to the law enforcement agency responsible for the
4mitigation of the incident. If the person has been previously
5convicted of violating any Section of this Act, the fine shall
6be $5,000 and the circuit clerk shall distribute the money to
7the law enforcement agency responsible for the mitigation of
8the incident. In the event that more than one agency is
9responsible for an arrest which does not require mitigation,
10the amount payable to law enforcement agencies shall be shared
11equally. Any moneys received by a law enforcement agency under
12this Section shall be used for law enforcement expenses.
13    Any moneys collected for the Illinois State Police shall
14be remitted to the State Treasurer and deposited into the
15State Police Operations Assistance Fund.
16(Source: P.A. 100-987, eff. 7-1-19.)
 
17    (720 ILCS 646/95)
18    Sec. 95. Youth Drug Abuse Prevention Fund.
19    (a) Twelve and one-half percent of all amounts collected
20as fines pursuant to the provisions of this Article shall be
21paid into the Youth Drug Abuse Prevention Fund created by the
22Controlled Substances Act in the State treasury, to be used by
23the Department for the funding of programs and services for
24drug-abuse treatment, and prevention and education services,
25for juveniles.

 

 

SB2037- 1951 -LRB102 17120 WGH 22551 b

1    (b) Eighty-seven and one-half percent of the proceeds of
2all fines received under the provisions of this Act shall be
3transmitted to and deposited into the State treasury and
4distributed as follows:
5        (1) If such seizure was made by a combination of law
6    enforcement personnel representing differing units of
7    local government, the court levying the fine shall
8    equitably allocate 50% of the fine among these units of
9    local government and shall allocate 37.5% to the county
10    general corporate fund. If the seizure was made by law
11    enforcement personnel representing a unit of local
12    government from a municipality where the number of
13    inhabitants exceeds 2 million in population, the court
14    levying the fine shall allocate 87.5% of the fine to that
15    unit of local government. If the seizure was made by a
16    combination of law enforcement personnel representing
17    differing units of local government and if at least one of
18    those units represents a municipality where the number of
19    inhabitants exceeds 2 million in population, the court
20    shall equitably allocate 87.5% of the proceeds of the
21    fines received among the differing units of local
22    government.
23        (2) If such seizure was made by State law enforcement
24    personnel, then the court shall allocate 37.5% to the
25    State treasury and 50% to the county general corporate
26    fund.

 

 

SB2037- 1952 -LRB102 17120 WGH 22551 b

1        (3) If a State law enforcement agency in combination
2    with any law enforcement agency or agencies of a unit or
3    units of local government conducted the seizure, the court
4    shall equitably allocate 37.5% of the fines to or among
5    the law enforcement agency or agencies of the unit or
6    units of local government that conducted the seizure and
7    shall allocate 50% to the county general corporate fund.
8    (c) The proceeds of all fines allocated to the law
9enforcement agency or agencies of the unit or units of local
10government pursuant to subsection (b) shall be made available
11to that law enforcement agency as expendable receipts for use
12in the enforcement of laws regulating controlled substances
13and cannabis. The proceeds of fines awarded to the State
14treasury shall be deposited in a special fund known as the Drug
15Traffic Prevention Fund, except that amounts distributed to
16the Secretary of State shall be deposited into the Secretary
17of State Evidence Fund to be used as provided in Section 2-115
18of the Illinois Vehicle Code. Moneys from this Fund may be used
19by the Illinois Department of State Police for use in the
20enforcement of laws regulating controlled substances and
21cannabis; to satisfy funding provisions of the
22Intergovernmental Drug Laws Enforcement Act; to defray costs
23and expenses associated with returning violators of the
24Cannabis Control Act and this Act only, as provided in those
25Acts, when punishment of the crime shall be confinement of the
26criminal in the penitentiary; and all other moneys shall be

 

 

SB2037- 1953 -LRB102 17120 WGH 22551 b

1paid into the General Revenue Fund in the State treasury.
2(Source: P.A. 94-556, eff. 9-11-05.)
 
3    Section 1005. The Methamphetamine Precursor Control Act is
4amended by changing Section 10 as follows:
 
5    (720 ILCS 648/10)
6    Sec. 10. Definitions. In this Act:
7    "Administer" or "administration" has the meaning provided
8in Section 102 of the Illinois Controlled Substances Act.
9    "Agent" has the meaning provided in Section 102 of the
10Illinois Controlled Substances Act.
11    "Authorized representative" means an employee or agent of
12a qualified outside entity who has been authorized in writing
13by his or her agency or office to receive confidential
14information from the Central Repository.
15    "Central Repository" means the entity chosen by the
16Illinois State Police to handle electronic transaction records
17as described in this Act.
18    "Convenience package" means any package that contains 360
19milligrams or less of ephedrine or pseudoephedrine, their
20salts or optical isomers, or salts of optical isomers in
21liquid or liquid-filled capsule form.
22    "Covered pharmacy" means any pharmacy that distributes any
23amount of targeted methamphetamine precursor that is
24physically located in Illinois.

 

 

SB2037- 1954 -LRB102 17120 WGH 22551 b

1    "Deliver" has the meaning provided in Section 102 of the
2Illinois Controlled Substances Act.
3    "Dispense" has the meaning provided in Section 102 of the
4Illinois Controlled Substances Act.
5    "Distribute" has the meaning provided in Section 102 of
6the Illinois Controlled Substances Act.
7    "Electronic transaction record" means, with respect to the
8distribution of a targeted methamphetamine precursor by a
9pharmacy to a recipient under Section 25 of this Act, an
10electronic record that includes: the name and address of the
11recipient; date and time of the transaction; brand and product
12name and total quantity distributed of ephedrine or
13pseudoephedrine, their salts, or optical isomers, or salts of
14optical isomers; identification type and identification number
15of the identification presented by the recipient; and the name
16and address of the pharmacy.
17    "Identification information" means identification type and
18identification number.
19    "Identification number" means the number that appears on
20the identification furnished by the recipient of a targeted
21methamphetamine precursor.
22    "Identification type" means the type of identification
23furnished by the recipient of a targeted methamphetamine
24precursor such as, by way of example only, an Illinois
25driver's license or United States passport.
26    "List I chemical" has the meaning provided in 21 U.S.C.

 

 

SB2037- 1955 -LRB102 17120 WGH 22551 b

1Section 802.
2    "Methamphetamine precursor" has the meaning provided in
3Section 10 of the Methamphetamine Control and Community
4Protection Act.
5    "Package" means an item packaged and marked for retail
6sale that is not designed to be further broken down or
7subdivided for the purpose of retail sale.
8    "Pharmacist" has the meaning provided in Section 102 of
9the Illinois Controlled Substances Act.
10    "Pharmacy" has the meaning provided in Section 102 of the
11Illinois Controlled Substances Act.
12    "Practitioner" has the meaning provided in Section 102 of
13the Illinois Controlled Substances Act.
14    "Prescriber" has the meaning provided in Section 102 of
15the Illinois Controlled Substances Act.
16    "Prescription" has the meaning provided in Section 102 of
17the Illinois Controlled Substances Act.
18    "Procure" means to purchase, steal, gather, or otherwise
19obtain, for oneself or another person, by legal or illegal
20means, or to cause another to take that action.
21    "Qualified outside entity" means a law enforcement agency
22or prosecutor's office with authority to identify,
23investigate, or prosecute violations of this Act or any other
24State or federal law or rule involving a methamphetamine
25precursor, methamphetamine, or any other controlled substance.
26    "Readily retrievable" has the meaning provided in 21

 

 

SB2037- 1956 -LRB102 17120 WGH 22551 b

1C.F.R. part 1300.
2    "Recipient" means a person purchasing, receiving, or
3otherwise acquiring a targeted methamphetamine precursor from
4a pharmacy in Illinois, as described in Section 25 of this Act.
5    "Retail distributor" means a grocery store, general
6merchandise store, drug store, other merchandise store, or
7other entity or person whose activities as a distributor
8relating to drug products containing targeted methamphetamine
9precursor are limited exclusively or almost exclusively to
10sales for personal use by an ultimate user, both in number of
11sales and volume of sales, either directly to walk-in
12customers or in face-to-face transactions by direct sales.
13    "Sales employee" means any employee or agent, other than a
14pharmacist or pharmacy technician who at any time (a) operates
15a cash register at which convenience packages may be sold, (b)
16stocks shelves containing convenience packages, or (c) trains
17or supervises any other employee or agent who engages in any of
18the preceding activities.
19    "Single retail transaction" means a sale by a retail
20distributor to a recipient at a specific time.
21    "Targeted methamphetamine precursor" means any compound,
22mixture, or preparation that contains any detectable quantity
23of ephedrine or pseudoephedrine, their salts or optical
24isomers, or salts of optical isomers.
25    "Targeted package" means a package, including a
26convenience package, containing any amount of targeted

 

 

SB2037- 1957 -LRB102 17120 WGH 22551 b

1methamphetamine precursor.
2    "Ultimate user" has the meaning provided in Section 102 of
3the Illinois Controlled Substances Act.
4(Source: P.A. 97-670, eff. 1-19-12; 98-371, eff. 8-16-13.)
 
5    Section 1010. The Methamphetamine Precursor Tracking Act
6is amended by changing Sections 10, 15, 20, and 25 as follows:
 
7    (720 ILCS 649/10)
8    Sec. 10. Definitions. In this Act:
9    "Administer" or "administration" has the meaning provided
10in Section 102 of the Illinois Controlled Substances Act.
11    "Agent" has the meaning provided in Section 102 of the
12Illinois Controlled Substances Act.
13    "Authorized representative" means an employee or agent of
14a qualified outside entity who has been authorized in writing
15by his or her agency or office to receive confidential
16information from the central repository.
17    "Central Repository" means the entity chosen by the
18Illinois State Police to handle electronic transaction records
19as described in this Act.
20    "Convenience package" means any package that contains 360
21milligrams or less of ephedrine or pseudoephedrine, their
22salts or optical isomers, or salts of optical isomers in
23liquid or liquid filled capsule form.
24    "Covered pharmacy" means any pharmacy that distributes any

 

 

SB2037- 1958 -LRB102 17120 WGH 22551 b

1amount of targeted methamphetamine precursor that is
2physically located in Illinois.
3    "Deliver" has the meaning provided in Section 102 of the
4Illinois Controlled Substances Act.
5    "Dispense" has the meaning provided in Section 102 of the
6Illinois Controlled Substances Act.
7    "Distribute" has the meaning provided in Section 102 of
8the Illinois Controlled Substances Act.
9    "Electronic transaction record" means, with respect to the
10distribution of a targeted methamphetamine precursor by a
11pharmacy to a recipient under Section 25 of the
12Methamphetamine Precursor Control Act, an electronic record
13that includes: the name and address of the recipient; date and
14time of the transaction; brand and product name and total
15quantity distributed of ephedrine or pseudoephedrine, their
16salts, or optical isomers, or salts of optical isomers;
17identification type and identification number of the
18identification presented by the recipient; and the name and
19address of the pharmacy.
20    "Identification information" means identification type and
21identification number.
22    "Identification number" means the number that appears on
23the identification furnished by the recipient of a targeted
24methamphetamine precursor.
25    "Identification type" means the type of identification
26furnished by the recipient of a targeted methamphetamine

 

 

SB2037- 1959 -LRB102 17120 WGH 22551 b

1precursor such as, by way of example only, an Illinois
2driver's license or United States passport.
3    "List I chemical" has the meaning provided in 21 U.S.C.
4802.
5    "Methamphetamine precursor" has the meaning provided in
6Section 10 of the Methamphetamine Control and Community
7Protection Act.
8    "Package" means an item packaged and marked for retail
9sale that is not designed to be further broken down or
10subdivided for the purpose of retail sale.
11    "Pharmacist" has the meaning provided in Section 102 of
12the Illinois Controlled Substances Act.
13    "Pharmacy" has the meaning provided in Section 102 of the
14Illinois Controlled Substances Act.
15    "Practitioner" has the meaning provided in Section 102 of
16the Illinois Controlled Substances Act.
17    "Prescriber" has the meaning provided in Section 102 of
18the Illinois Controlled Substances Act.
19    "Prescription" has the meaning provided in Section 102 of
20the Illinois Controlled Substances Act.
21    "Qualified outside entity" means:
22        (1) a law enforcement agency or prosecutor's office
23    with authority to identify, investigate, or prosecute
24    violations of this Act or any other State or federal law or
25    rule involving a methamphetamine precursor,
26    methamphetamine, or any other controlled substance;

 

 

SB2037- 1960 -LRB102 17120 WGH 22551 b

1        (2) any probation and court services department
2    authorized by the Probation and Probation Officers Act;
3        (3) the Department of Corrections;
4        (4) the Department of Juvenile Justice;
5        (5) the U.S. Probation and Pretrial Services System;
6    or
7        (6) the U.S. Parole Commission.
8    "Readily retrievable" has the meaning provided in 21
9C.F.R. part 1300.
10    "Recipient" means a person purchasing, receiving, or
11otherwise acquiring a targeted methamphetamine precursor from
12a pharmacy in Illinois, as described in Section 25 of the
13Methamphetamine Precursor Control Act.
14    "Retail distributor" means a grocery store, general
15merchandise store, drug store, other merchandise store, or
16other entity or person whose activities as a distributor
17relating to drug products containing targeted methamphetamine
18precursor are limited exclusively or almost exclusively to
19sales for personal use by an ultimate user, both in number of
20sales and volume of sales, either directly to walk-in
21customers or in face-to-face transactions by direct sales.
22    "Sales employee" means any employee or agent, other than a
23pharmacist or pharmacy technician who at any time (1) operates
24a cash register at which convenience packages may be sold, (2)
25stocks shelves containing convenience packages, or (3) trains
26or supervises any other employee or agent who engages in any of

 

 

SB2037- 1961 -LRB102 17120 WGH 22551 b

1the preceding activities.
2    "Single retail transaction" means a sale by a retail
3distributor to a recipient at a specific time.
4    "Targeted methamphetamine precursor" means any compound,
5mixture, or preparation that contains any detectable quantity
6of ephedrine or pseudoephedrine, their salts or optical
7isomers, or salts of optical isomers.
8    "Targeted package" means a package, including a
9convenience package, containing any amount of targeted
10methamphetamine precursor.
11    "Ultimate user" has the meaning provided in Section 102 of
12the Illinois Controlled Substances Act.
13(Source: P.A. 97-670, eff. 1-19-12; 98-208, eff. 8-9-13.)
 
14    (720 ILCS 649/15)
15    Sec. 15. General provisions.
16    (a) Structure. There is established a statewide precursor
17tracking program coordinated and administered by the Illinois
18State Police to track purchases of targeted methamphetamine
19precursors across multiple locations for the purposes stated
20in Section 5 of this Act. Every covered pharmacy must comply
21with this Act. The tracking program created by this Act shall
22be the sole methamphetamine precursor tracking program in
23Illinois.
24    (b) Transmission of electronic transaction records. Unless
25otherwise provided in this Act, each time a covered pharmacy

 

 

SB2037- 1962 -LRB102 17120 WGH 22551 b

1distributes a targeted methamphetamine precursor to a
2recipient, the pharmacy shall transmit an electronic
3transaction record to the Central Repository.
4    (c) Notification. The Illinois Department of Financial and
5Professional Regulation shall notify pharmacies seeking
6licensure in Illinois of their obligation to comply with the
7requirements of this Act.
8    (d) Electronic transmission. Starting on the effective
9date of this Act and continuing thereafter, covered pharmacies
10shall transmit all electronic transaction records as required
11by this Act.
12    (e) Funding. Funding for the tracking program shall be
13provided by the Illinois State Police drawing upon federal and
14State grant money and other available sources.
15(Source: P.A. 97-670, eff. 1-19-12.)
 
16    (720 ILCS 649/20)
17    Sec. 20. Secure website.
18    (a) The Illinois State Police, in consultation with the
19Department of Innovation and Technology, shall establish a
20secure website for the transmission of electronic transaction
21records and make it available free of charge to covered
22pharmacies.
23    (b) The secure website shall enable covered pharmacies to
24transmit to the Central Repository an electronic transaction
25record each time the pharmacy distributes a targeted

 

 

SB2037- 1963 -LRB102 17120 WGH 22551 b

1methamphetamine precursor to a recipient.
2    (c) If the secure website becomes unavailable to a covered
3pharmacy, the covered pharmacy may, during the period in which
4the secure website is not available, continue to distribute
5targeted methamphetamine precursor without using the secure
6website if, during this period, the covered pharmacy maintains
7and transmits handwritten logs as described in Sections 20 and
825 of the Methamphetamine Precursor Control Act.
9(Source: P.A. 100-611, eff. 7-20-18.)
 
10    (720 ILCS 649/25)
11    Sec. 25. Confidentiality of records.
12    (a) The Central Repository may delete each electronic
13transaction record and handwritten log entry 48 months after
14the date of the transaction it describes.
15    (b) The Illinois State Police and Central Repository shall
16carry out a program to protect the confidentiality of
17electronic transaction records created pursuant to this Act
18and shall ensure that this information remains completely
19confidential except as specifically provided in subsections
20(c) through (f) of this Section.
21    (c) Any employee or agent of the Central Repository may
22have access to electronic transaction records and handwritten
23log entries solely for the purpose of receiving, processing,
24storing or analyzing this information.
25    (d) The Illinois State Police may grant qualified outside

 

 

SB2037- 1964 -LRB102 17120 WGH 22551 b

1agencies access to electronic transaction records or
2handwritten log entries for the purpose of identifying,
3investigating, or prosecuting violations of this Act or any
4other State or federal law or rule involving a methamphetamine
5precursor, methamphetamine, or any other controlled substance.
6    (e) The Illinois State Police may release electronic
7transaction records or handwritten log entries to the
8authorized representative of a qualified outside entity only
9if the Illinois State Police verifies that the entity
10receiving electronic transaction records or handwritten log
11entries is a qualified outside entity as defined in this Act
12and that outside entity agrees or has previously agreed in
13writing that it will use electronic transaction records and
14handwritten log entries solely for the purpose of identifying,
15investigating, or prosecuting violations of this Act or any
16other State or federal law or rule involving a methamphetamine
17precursor, methamphetamine, or any other controlled substance.
18    (f) The Illinois State Police may release to the recipient
19any electronic transaction records clearly relating to that
20recipient, upon sufficient proof of identity.
21(Source: P.A. 97-670, eff. 1-19-12.)
 
22    Section 1015. The Prevention of Tobacco Use by Minors and
23Sale and Distribution of Tobacco Products Act is amended by
24changing Section 1 as follows:
 

 

 

SB2037- 1965 -LRB102 17120 WGH 22551 b

1    (720 ILCS 675/1)  (from Ch. 23, par. 2357)
2    Sec. 1. Prohibition on sale of tobacco products,
3electronic cigarettes, and alternative nicotine products to
4persons under 21 years of age; prohibition on the distribution
5of tobacco product samples, electronic cigarette samples, and
6alternative nicotine product samples to any person; use of
7identification cards; vending machines; lunch wagons;
8out-of-package sales.
9    (a) No person under 21 years of age shall buy any tobacco
10product, electronic cigarette, or alternative nicotine
11product. No person shall sell, buy for, distribute samples of
12or furnish any tobacco product, electronic cigarette, or any
13alternative nicotine product to any person under 21 years of
14age.
15    (a-5) No person under 16 years of age may sell any tobacco
16product, electronic cigarette, or alternative nicotine product
17at a retail establishment selling tobacco products, electronic
18cigarettes, or alternative nicotine products. This subsection
19does not apply to a sales clerk in a family-owned business
20which can prove that the sales clerk is in fact a son or
21daughter of the owner.
22    (a-5.1) Before selling, offering for sale, giving, or
23furnishing a tobacco product, electronic cigarette, or
24alternative nicotine product to another person, the person
25selling, offering for sale, giving, or furnishing the tobacco
26product, electronic cigarette, or alternative nicotine product

 

 

SB2037- 1966 -LRB102 17120 WGH 22551 b

1shall verify that the person is at least 21 years of age by:
2        (1) examining from any person that appears to be under
3    30 years of age a government-issued photographic
4    identification that establishes the person to be 21 years
5    of age or older; or
6        (2) for sales of tobacco products, electronic
7    cigarettes, or alternative nicotine products made through
8    the Internet or other remote sales methods, performing an
9    age verification through an independent, third party age
10    verification service that compares information available
11    from public records to the personal information entered by
12    the person during the ordering process that establishes
13    the person is 21 years of age or older.
14    (a-6) No person under 21 years of age in the furtherance or
15facilitation of obtaining any tobacco product, electronic
16cigarette, or alternative nicotine product shall display or
17use a false or forged identification card or transfer, alter,
18or deface an identification card.
19    (a-7) (Blank).
20    (a-8) A person shall not distribute without charge samples
21of any tobacco product to any other person, regardless of age,
22except for smokeless tobacco in an adult-only facility.
23    This subsection (a-8) does not apply to the distribution
24of a tobacco product, electronic cigarette, or alternative
25nicotine product sample in any adult-only facility.
26    (a-9) For the purpose of this Section:

 

 

SB2037- 1967 -LRB102 17120 WGH 22551 b

1        "Adult-only facility" means a facility or restricted
2    area (whether open-air or enclosed) where the operator
3    ensures or has a reasonable basis to believe (such as by
4    checking identification as required under State law, or by
5    checking the identification of any person appearing to be
6    under the age of 30) that no person under legal age is
7    present. A facility or restricted area need not be
8    permanently restricted to persons under 21 years of age to
9    constitute an adult-only facility, provided that the
10    operator ensures or has a reasonable basis to believe that
11    no person under 21 years of age is present during the event
12    or time period in question.
13        "Alternative nicotine product" means a product or
14    device not consisting of or containing tobacco that
15    provides for the ingestion into the body of nicotine,
16    whether by chewing, smoking, absorbing, dissolving,
17    inhaling, snorting, sniffing, or by any other means.
18    "Alternative nicotine product" does not include:
19    cigarettes as defined in Section 1 of the Cigarette Tax
20    Act and tobacco products as defined in Section 10-5 of the
21    Tobacco Products Tax Act of 1995; tobacco product and
22    electronic cigarette as defined in this Section; or any
23    product approved by the United States Food and Drug
24    Administration for sale as a tobacco cessation product, as
25    a tobacco dependence product, or for other medical
26    purposes, and is being marketed and sold solely for that

 

 

SB2037- 1968 -LRB102 17120 WGH 22551 b

1    approved purpose.
2        "Electronic cigarette" means:
3            (1) any device that employs a battery or other
4        mechanism to heat a solution or substance to produce a
5        vapor or aerosol intended for inhalation;
6            (2) any cartridge or container of a solution or
7        substance intended to be used with or in the device or
8        to refill the device; or
9            (3) any solution or substance, whether or not it
10        contains nicotine intended for use in the device.
11        "Electronic cigarette" includes, but is not limited
12    to, any electronic nicotine delivery system, electronic
13    cigar, electronic cigarillo, electronic pipe, electronic
14    hookah, vape pen, or similar product or device, and any
15    components or parts that can be used to build the product
16    or device. "Electronic cigarette" does not include:
17    cigarettes as defined in Section 1 of the Cigarette Tax
18    Act and tobacco products as defined in Section 10-5 of the
19    Tobacco Products Tax Act of 1995; tobacco product and
20    alternative nicotine product as defined in this Section;
21    any product approved by the United States Food and Drug
22    Administration for sale as a tobacco cessation product, as
23    a tobacco dependence product, or for other medical
24    purposes, and is being marketed and sold solely for that
25    approved purpose; any asthma inhaler prescribed by a
26    physician for that condition and is being marketed and

 

 

SB2037- 1969 -LRB102 17120 WGH 22551 b

1    sold solely for that approved purpose; or any therapeutic
2    product approved for use under the Compassionate Use of
3    Medical Cannabis Pilot Program Act.
4        "Lunch wagon" means a mobile vehicle designed and
5    constructed to transport food and from which food is sold
6    to the general public.
7        "Nicotine" means any form of the chemical nicotine,
8    including any salt or complex, regardless of whether the
9    chemical is naturally or synthetically derived.
10        "Tobacco product" means any product containing or made
11    from tobacco that is intended for human consumption,
12    whether smoked, heated, chewed, absorbed, dissolved,
13    inhaled, snorted, sniffed, or ingested by any other means,
14    including, but not limited to, cigarettes, cigars, little
15    cigars, chewing tobacco, pipe tobacco, snuff, snus, and
16    any other smokeless tobacco product which contains tobacco
17    that is finely cut, ground, powdered, or leaf and intended
18    to be placed in the oral cavity. "Tobacco product"
19    includes any component, part, or accessory of a tobacco
20    product, whether or not sold separately. "Tobacco product"
21    does not include: an electronic cigarette and alternative
22    nicotine product as defined in this Section; or any
23    product that has been approved by the United States Food
24    and Drug Administration for sale as a tobacco cessation
25    product, as a tobacco dependence product, or for other
26    medical purposes, and is being marketed and sold solely

 

 

SB2037- 1970 -LRB102 17120 WGH 22551 b

1    for that approved purpose.
2    (b) Tobacco products, electronic cigarettes, and
3alternative nicotine products may be sold through a vending
4machine only if such tobacco products, electronic cigarettes,
5and alternative nicotine products are not placed together with
6any non-tobacco product, other than matches, in the vending
7machine and the vending machine is in any of the following
8locations:
9        (1) (Blank).
10        (2) Places to which persons under 21 years of age are
11    not permitted access at any time.
12        (3) Places where alcoholic beverages are sold and
13    consumed on the premises and vending machine operation is
14    under the direct supervision of the owner or manager.
15        (4) (Blank).
16        (5) (Blank).
17    (c) (Blank).
18    (d) The sale or distribution by any person of a tobacco
19product as defined in this Section, including but not limited
20to a single or loose cigarette, that is not contained within a
21sealed container, pack, or package as provided by the
22manufacturer, which container, pack, or package bears the
23health warning required by federal law, is prohibited.
24    (e) It is not a violation of this Act for a person under 21
25years of age to purchase a tobacco product, electronic
26cigarette, or alternative nicotine product if the person under

 

 

SB2037- 1971 -LRB102 17120 WGH 22551 b

1the age of 21 purchases or is given the tobacco product,
2electronic cigarette, or alternative nicotine product in any
3of its forms from a retail seller of tobacco products,
4electronic cigarettes, or alternative nicotine products or an
5employee of the retail seller pursuant to a plan or action to
6investigate, patrol, or otherwise conduct a "sting operation"
7or enforcement action against a retail seller of tobacco
8products, electronic cigarettes, or alternative nicotine
9products or a person employed by the retail seller of tobacco
10products, electronic cigarettes, or alternative nicotine
11products or on any premises authorized to sell tobacco
12products, electronic cigarettes, or alternative nicotine
13products to determine if tobacco products, electronic
14cigarettes, or alternative nicotine products are being sold or
15given to persons under 21 years of age if the "sting operation"
16or enforcement action is approved by, conducted by, or
17conducted on behalf of the Illinois Department of State
18Police, the county sheriff, a municipal police department, the
19Department of Revenue, the Department of Public Health, or a
20local health department. The results of any sting operation or
21enforcement action, including the name of the clerk, shall be
22provided to the retail seller within 7 business days.
23(Source: P.A. 101-2, eff. 7-1-19.)
 
24    Section 1020. The Code of Criminal Procedure of 1963 is
25amended by changing Sections 104-26, 107-4, 108A-11, 108B-1,

 

 

SB2037- 1972 -LRB102 17120 WGH 22551 b

1108B-2, 108B-5, 108B-13, 108B-14, 110-7, 112A-11.1, 112A-11.2,
2112A-14, 112A-14.7, 112A-17.5, 112A-20, 112A-22, 112A-28,
3115-15, 116-3, 116-4, 116-5, 124B-605, 124B-705, 124B-710,
4124B-930, and 124B-935 as follows:
 
5    (725 ILCS 5/104-26)  (from Ch. 38, par. 104-26)
6    Sec. 104-26. Disposition of Defendants suffering
7disabilities.
8    (a) A defendant convicted following a trial conducted
9under the provisions of Section 104-22 shall not be sentenced
10before a written presentence report of investigation is
11presented to and considered by the court. The presentence
12report shall be prepared pursuant to Sections 5-3-2, 5-3-3 and
135-3-4 of the Unified Code of Corrections, as now or hereafter
14amended, and shall include a physical and mental examination
15unless the court finds that the reports of prior physical and
16mental examinations conducted pursuant to this Article are
17adequate and recent enough so that additional examinations
18would be unnecessary.
19    (b) A defendant convicted following a trial under Section
20104-22 shall not be subject to the death penalty.
21    (c) A defendant convicted following a trial under Section
22104-22 shall be sentenced according to the procedures and
23dispositions authorized under the Unified Code of Corrections,
24as now or hereafter amended, subject to the following
25provisions:

 

 

SB2037- 1973 -LRB102 17120 WGH 22551 b

1        (1) The court shall not impose a sentence of
2    imprisonment upon the offender if the court believes that
3    because of his disability a sentence of imprisonment would
4    not serve the ends of justice and the interests of society
5    and the offender or that because of his disability a
6    sentence of imprisonment would subject the offender to
7    excessive hardship. In addition to any other conditions of
8    a sentence of conditional discharge or probation the court
9    may require that the offender undergo treatment
10    appropriate to his mental or physical condition.
11        (2) After imposing a sentence of imprisonment upon an
12    offender who has a mental disability, the court may remand
13    him to the custody of the Department of Human Services and
14    order a hearing to be conducted pursuant to the provisions
15    of the Mental Health and Developmental Disabilities Code,
16    as now or hereafter amended. If the offender is committed
17    following such hearing, he shall be treated in the same
18    manner as any other civilly committed patient for all
19    purposes except as provided in this Section. If the
20    defendant is not committed pursuant to such hearing, he
21    shall be remanded to the sentencing court for disposition
22    according to the sentence imposed.
23        (3) If the court imposes a sentence of imprisonment
24    upon an offender who has a mental disability but does not
25    proceed under subparagraph (2) of paragraph (c) of this
26    Section, it shall order the Department of Corrections to

 

 

SB2037- 1974 -LRB102 17120 WGH 22551 b

1    proceed pursuant to Section 3-8-5 of the Unified Code of
2    Corrections, as now or hereafter amended.
3        (3.5) If the court imposes a sentence of imprisonment
4    upon an offender who has a mental disability, the court
5    shall direct the circuit court clerk to immediately notify
6    the Illinois Department of State Police, Firearm Owner's
7    Identification (FOID) Office, in a form and manner
8    prescribed by the Illinois Department of State Police and
9    shall forward a copy of the court order to the Department.
10        (4) If the court imposes a sentence of imprisonment
11    upon an offender who has a physical disability, it may
12    authorize the Department of Corrections to place the
13    offender in a public or private facility which is able to
14    provide care or treatment for the offender's disability
15    and which agrees to do so.
16        (5) When an offender is placed with the Department of
17    Human Services or another facility pursuant to
18    subparagraph (2) or (4) of this paragraph (c), the
19    Department or private facility shall not discharge or
20    allow the offender to be at large in the community without
21    prior approval of the court. If the defendant is placed in
22    the custody of the Department of Human Services, the
23    defendant shall be placed in a secure setting unless the
24    court determines that there are compelling reasons why
25    such placement is not necessary. The offender shall accrue
26    good time and shall be eligible for parole in the same

 

 

SB2037- 1975 -LRB102 17120 WGH 22551 b

1    manner as if he were serving his sentence within the
2    Department of Corrections. When the offender no longer
3    requires hospitalization, care, or treatment, the
4    Department of Human Services or the facility shall
5    transfer him, if his sentence has not expired, to the
6    Department of Corrections. If an offender is transferred
7    to the Department of Corrections, the Department of Human
8    Services shall transfer to the Department of Corrections
9    all related records pertaining to length of custody and
10    treatment services provided during the time the offender
11    was held.
12        (6) The Department of Corrections shall notify the
13    Department of Human Services or a facility in which an
14    offender has been placed pursuant to subparagraph (2) or
15    (4) of paragraph (c) of this Section of the expiration of
16    his sentence. Thereafter, an offender in the Department of
17    Human Services shall continue to be treated pursuant to
18    his commitment order and shall be considered a civilly
19    committed patient for all purposes including discharge. An
20    offender who is in a facility pursuant to subparagraph (4)
21    of paragraph (c) of this Section shall be informed by the
22    facility of the expiration of his sentence, and shall
23    either consent to the continuation of his care or
24    treatment by the facility or shall be discharged.
25(Source: P.A. 97-1131, eff. 1-1-13.)
 

 

 

SB2037- 1976 -LRB102 17120 WGH 22551 b

1    (725 ILCS 5/107-4)  (from Ch. 38, par. 107-4)
2    Sec. 107-4. Arrest by peace officer from other
3jurisdiction.
4    (a) As used in this Section:
5        (1) "State" means any State of the United States and
6    the District of Columbia.
7        (2) "Peace Officer" means any peace officer or member
8    of any duly organized State, County, or Municipal peace
9    unit, any police force of another State, the United States
10    Department of Defense, or any police force whose members,
11    by statute, are granted and authorized to exercise powers
12    similar to those conferred upon any peace officer employed
13    by a law enforcement agency of this State.
14        (3) "Fresh pursuit" means the immediate pursuit of a
15    person who is endeavoring to avoid arrest.
16        (4) "Law enforcement agency" means a municipal police
17    department or county sheriff's office of this State.
18    (a-3) Any peace officer employed by a law enforcement
19agency of this State may conduct temporary questioning
20pursuant to Section 107-14 of this Code and may make arrests in
21any jurisdiction within this State: (1) if the officer is
22engaged in the investigation of criminal activity that
23occurred in the officer's primary jurisdiction and the
24temporary questioning or arrest relates to, arises from, or is
25conducted pursuant to that investigation; or (2) if the
26officer, while on duty as a peace officer, becomes personally

 

 

SB2037- 1977 -LRB102 17120 WGH 22551 b

1aware of the immediate commission of a felony or misdemeanor
2violation of the laws of this State; or (3) if the officer,
3while on duty as a peace officer, is requested by an
4appropriate State or local law enforcement official to render
5aid or assistance to the requesting law enforcement agency
6that is outside the officer's primary jurisdiction; or (4) in
7accordance with Section 2605-580 of the Illinois Department of
8State Police Law of the Civil Administrative Code of Illinois.
9While acting pursuant to this subsection, an officer has the
10same authority as within his or her own jurisdiction.
11    (a-7) The law enforcement agency of the county or
12municipality in which any arrest is made under this Section
13shall be immediately notified of the arrest.
14    (b) Any peace officer of another State who enters this
15State in fresh pursuit and continues within this State in
16fresh pursuit of a person in order to arrest him on the ground
17that he has committed an offense in the other State has the
18same authority to arrest and hold the person in custody as
19peace officers of this State have to arrest and hold a person
20in custody on the ground that he has committed an offense in
21this State.
22    (c) If an arrest is made in this State by a peace officer
23of another State in accordance with the provisions of this
24Section he shall without unnecessary delay take the person
25arrested before the circuit court of the county in which the
26arrest was made. Such court shall conduct a hearing for the

 

 

SB2037- 1978 -LRB102 17120 WGH 22551 b

1purpose of determining the lawfulness of the arrest. If the
2court determines that the arrest was lawful it shall commit
3the person arrested, to await for a reasonable time the
4issuance of an extradition warrant by the Governor of this
5State, or admit him to bail for such purpose. If the court
6determines that the arrest was unlawful it shall discharge the
7person arrested.
8(Source: P.A. 98-576, eff. 1-1-14.)
 
9    (725 ILCS 5/108A-11)  (from Ch. 38, par. 108A-11)
10    Sec. 108A-11. Reports concerning use of eavesdropping
11devices.
12    (a) In January of each year the State's Attorney of each
13county in which eavesdropping devices were used pursuant to
14the provisions of this Article shall report to the Illinois
15Department of State Police the following with respect to each
16application for an order authorizing the use of an
17eavesdropping device, or an extension thereof, made during the
18preceding calendar year:
19        (1) the fact that such an order, extension, or
20    subsequent approval of an emergency was applied for;
21        (2) the kind of order or extension applied for;
22        (3) a statement as to whether the order or extension
23    was granted as applied for was modified, or was denied;
24        (4) the period authorized by the order or extensions
25    in which an eavesdropping device could be used;

 

 

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1        (5) the felony specified in the order extension or
2    denied application;
3        (6) the identity of the applying investigative or law
4    enforcement officer and agency making the application and
5    the State's Attorney authorizing the application; and
6        (7) the nature of the facilities from which or the
7    place where the eavesdropping device was to be used.
8    (b) Such report shall also include the following:
9        (1) a general description of the uses of eavesdropping
10    devices actually made under such order to overheard or
11    record conversations, including: (a) the approximate
12    nature and frequency of incriminating conversations
13    overheard, (b) the approximate nature and frequency of
14    other conversations overheard, (c) the approximate number
15    of persons whose conversations were overheard, and (d) the
16    approximate nature, amount, and cost of the manpower and
17    other resources used pursuant to the authorization to use
18    an eavesdropping device;
19        (2) the number of arrests resulting from authorized
20    uses of eavesdropping devices and the offenses for which
21    arrests were made;
22        (3) the number of trials resulting from such uses of
23    eavesdropping devices;
24        (4) the number of motions to suppress made with
25    respect to such uses, and the number granted or denied;
26    and

 

 

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1        (5) the number of convictions resulting from such uses
2    and the offenses for which the convictions were obtained
3    and a general assessment of the importance of the
4    convictions.
5    (c) In April of each year, the Illinois Department of
6State Police shall transmit to the General Assembly a report
7including information on the number of applications for orders
8authorizing the use of eavesdropping devices, the number of
9orders and extensions granted or denied during the preceding
10calendar year, and the convictions arising out of such uses.
11    The requirement for reporting to the General Assembly
12shall be satisfied by filing copies of the report as required
13by Section 3.1 of the General Assembly Organization Act, and
14filing such additional copies with the State Government Report
15Distribution Center for the General Assembly as is required
16under paragraph (t) of Section 7 of the State Library Act.
17(Source: P.A. 100-1148, eff. 12-10-18.)
 
18    (725 ILCS 5/108B-1)  (from Ch. 38, par. 108B-1)
19    Sec. 108B-1. Definitions. For the purpose of this Article:
20    (a) "Aggrieved person" means a person who was a party to
21any intercepted private communication or any person against
22whom the intercept was directed.
23    (b) "Chief Judge" means, when referring to a judge
24authorized to receive application for, and to enter orders
25authorizing, interceptions of private communications, the

 

 

SB2037- 1981 -LRB102 17120 WGH 22551 b

1Chief Judge of the Circuit Court wherein the application for
2order of interception is filed, or a Circuit Judge designated
3by the Chief Judge to enter these orders. In circuits other
4than the Cook County Circuit, "Chief Judge" also means, when
5referring to a judge authorized to receive application for,
6and to enter orders authorizing, interceptions of private
7communications, an Associate Judge authorized by Supreme Court
8Rule to try felony cases who is assigned by the Chief Judge to
9enter these orders. After assignment by the Chief Judge, an
10Associate Judge shall have plenary authority to issue orders
11without additional authorization for each specific application
12made to him by the State's Attorney until the time the
13Associate Judge's power is rescinded by the Chief Judge.
14    (c) "Communications common carrier" means any person
15engaged as a common carrier in the transmission of
16communications by wire or radio, not including radio
17broadcasting.
18    (d) "Contents" includes information obtained from a
19private communication concerning the existence, substance,
20purport or meaning of the communication, or the identity of a
21party of the communication.
22    (e) "Court of competent jurisdiction" means any circuit
23court.
24    (f) (Blank). "Department" means Illinois Department of
25State Police.
26    (g) "Director" means Director of the Illinois Department

 

 

SB2037- 1982 -LRB102 17120 WGH 22551 b

1of State Police.
2    (g-1) "Electronic communication" means any transfer of
3signs, signals, writing, images, sounds, data, or intelligence
4of any nature transmitted in whole or part by a wire, radio,
5pager, computer, or electromagnetic, photo electronic, or
6photo optical system where the sending and receiving parties
7intend the electronic communication to be private and the
8interception, recording, or transcription of the electronic
9communication is accomplished by a device in a surreptitious
10manner contrary to the provisions of this Article. "Electronic
11communication" does not include:
12        (1) any wire or oral communication; or
13        (2) any communication from a tracking device.
14    (h) "Electronic criminal surveillance device" or
15"eavesdropping device" means any device or apparatus, or
16computer program including an induction coil, that can be used
17to intercept private communication other than:
18        (1) Any telephone, telegraph or telecommunication
19    instrument, equipment or facility, or any component of it,
20    furnished to the subscriber or user by a communication
21    common carrier in the ordinary course of its business, or
22    purchased by any person and being used by the subscriber,
23    user or person in the ordinary course of his business, or
24    being used by a communications common carrier in the
25    ordinary course of its business, or by an investigative or
26    law enforcement officer in the ordinary course of his

 

 

SB2037- 1983 -LRB102 17120 WGH 22551 b

1    duties; or
2        (2) A hearing aid or similar device being used to
3    correct subnormal hearing to not better than normal.
4    (i) "Electronic criminal surveillance officer" means any
5law enforcement officer or retired law enforcement officer of
6the United States or of the State or political subdivision of
7it, or of another State, or of a political subdivision of it,
8who is certified by the Illinois Department of State Police to
9intercept private communications. A retired law enforcement
10officer may be certified by the Illinois State Police only to
11(i) prepare petitions for the authority to intercept private
12communications in accordance with the provisions of this Act;
13(ii) intercept and supervise the interception of private
14communications; (iii) handle, safeguard, and use evidence
15derived from such private communications; and (iv) operate and
16maintain equipment used to intercept private communications.
17    (j) "In-progress trace" means to determine the origin of a
18wire communication to a telephone or telegraph instrument,
19equipment or facility during the course of the communication.
20    (k) "Intercept" means the aural or other acquisition of
21the contents of any private communication through the use of
22any electronic criminal surveillance device.
23    (l) "Journalist" means a person engaged in, connected
24with, or employed by news media, including newspapers,
25magazines, press associations, news agencies, wire services,
26radio, television or other similar media, for the purpose of

 

 

SB2037- 1984 -LRB102 17120 WGH 22551 b

1gathering, processing, transmitting, compiling, editing or
2disseminating news for the general public.
3    (m) "Law enforcement agency" means any law enforcement
4agency of the United States, or the State or a political
5subdivision of it.
6    (n) "Oral communication" means human speech used to
7communicate by one party to another, in person, by wire
8communication or by any other means.
9    (o) "Private communication" means a wire, oral, or
10electronic communication uttered or transmitted by a person
11exhibiting an expectation that the communication is not
12subject to interception, under circumstances reasonably
13justifying the expectation. Circumstances that reasonably
14justify the expectation that a communication is not subject to
15interception include the use of a cordless telephone or
16cellular communication device.
17    (p) "Wire communication" means any human speech used to
18communicate by one party to another in whole or in part through
19the use of facilities for the transmission of communications
20by wire, cable or other like connection between the point of
21origin and the point of reception furnished or operated by a
22communications common carrier.
23    (q) "Privileged communications" means a private
24communication between:
25        (1) a licensed and practicing physician and a patient
26    within the scope of the profession of the physician;

 

 

SB2037- 1985 -LRB102 17120 WGH 22551 b

1        (2) a licensed and practicing psychologist to a
2    patient within the scope of the profession of the
3    psychologist;
4        (3) a licensed and practicing attorney-at-law and a
5    client within the scope of the profession of the lawyer;
6        (4) a practicing clergyman and a confidant within the
7    scope of the profession of the clergyman;
8        (5) a practicing journalist within the scope of his
9    profession;
10        (6) spouses within the scope of their marital
11    relationship; or
12        (7) a licensed and practicing social worker to a
13    client within the scope of the profession of the social
14    worker.
15    (r) "Retired law enforcement officer" means a person: (1)
16who is a graduate of a police training institute or academy,
17who after graduating served for at least 15 consecutive years
18as a sworn, full-time peace officer qualified to carry
19firearms for any federal or State department or agency or for
20any unit of local government of Illinois; (2) who has retired
21as a local, State, or federal peace officer in a publicly
22created peace officer retirement system; and (3) whose service
23in law enforcement was honorably terminated through retirement
24or disability and not as a result of discipline, suspension,
25or discharge.
26(Source: P.A. 95-331, eff. 8-21-07.)
 

 

 

SB2037- 1986 -LRB102 17120 WGH 22551 b

1    (725 ILCS 5/108B-2)  (from Ch. 38, par. 108B-2)
2    Sec. 108B-2. Request for application for interception.
3    (a) A State's Attorney may apply for an order authorizing
4interception of private communications in accordance with the
5provisions of this Article.
6    (b) The head of a law enforcement agency, including, for
7purposes of this subsection, the acting head of such law
8enforcement agency if the head of such agency is absent or
9unable to serve, may request that a State's Attorney apply for
10an order authorizing interception of private communications in
11accordance with the provisions of this Article.
12    Upon request of a law enforcement agency, the Illinois
13State Police Department may provide technical assistance to
14such an agency which is authorized to conduct an interception.
15(Source: P.A. 92-854, eff. 12-5-02.)
 
16    (725 ILCS 5/108B-5)  (from Ch. 38, par. 108B-5)
17    Sec. 108B-5. Requirements for order of interception.
18    (a) Upon consideration of an application, the chief judge
19may enter an ex parte order, as requested or as modified,
20authorizing the interception of a private communication, if
21the chief judge determines on the basis of the application
22submitted by the applicant, that:
23        (1) There is probable cause for belief that (A) the
24    person whose private communication is to be intercepted is

 

 

SB2037- 1987 -LRB102 17120 WGH 22551 b

1    committing, has committed, or is about to commit an
2    offense enumerated in Section 108B-3, or (B) the
3    facilities from which, or the place where, the private
4    communication is to be intercepted, is, has been, or is
5    about to be used in connection with the commission of the
6    offense, or is leased to, listed in the name of, or
7    commonly used by, the person; and
8        (2) There is probable cause for belief that a
9    particular private communication concerning such offense
10    may be obtained through the interception; and
11        (3) Normal investigative procedures with respect to
12    the offense have been tried and have failed or reasonably
13    appear to be unlikely to succeed if tried or too dangerous
14    to employ; and
15        (4) The electronic criminal surveillance officers to
16    be authorized to supervise the interception of the private
17    communication have been certified by the Illinois State
18    Police Department.
19    (b) In the case of an application, other than for an
20extension, for an order to intercept a communication of a
21person or on a wire communication facility that was the
22subject of a previous order authorizing interception, the
23application shall be based upon new evidence or information
24different from and in addition to the evidence or information
25offered to support the prior order, regardless of whether the
26evidence was derived from prior interceptions or from other

 

 

SB2037- 1988 -LRB102 17120 WGH 22551 b

1sources.
2    (c) The chief judge may authorize interception of a
3private communication anywhere in the judicial circuit. If the
4court authorizes the use of an eavesdropping device with
5respect to a vehicle, watercraft, or aircraft that is within
6the judicial circuit at the time the order is issued, the order
7may provide that the interception may continue anywhere within
8the State if the vehicle, watercraft, or aircraft leaves the
9judicial circuit.
10(Source: P.A. 95-331, eff. 8-21-07.)
 
11    (725 ILCS 5/108B-13)  (from Ch. 38, par. 108B-13)
12    Sec. 108B-13. Reports concerning use of eavesdropping
13devices.
14    (a) Within 30 days after the expiration of an order and
15each extension thereof authorizing an interception, or within
1630 days after the denial of an application or disapproval of an
17application subsequent to any alleged emergency situation, the
18State's Attorney shall report to the Illinois Department of
19State Police the following:
20        (1) the fact that such an order, extension, or
21    subsequent approval of an emergency was applied for;
22        (2) the kind of order or extension applied for;
23        (3) a statement as to whether the order or extension
24    was granted as applied for was modified, or was denied;
25        (4) the period authorized by the order or extensions

 

 

SB2037- 1989 -LRB102 17120 WGH 22551 b

1    in which an eavesdropping device could be used;
2        (5) the offense enumerated in Section 108B-3 which is
3    specified in the order or extension or in the denied
4    application;
5        (6) the identity of the applying electronic criminal
6    surveillance officer and agency making the application and
7    the State's Attorney authorizing the application; and
8        (7) the nature of the facilities from which or the
9    place where the eavesdropping device was to be used.
10    (b) In January of each year the State's Attorney of each
11county in which an interception occurred pursuant to the
12provisions of this Article shall report to the Illinois
13Department of State Police the following:
14        (1) a general description of the uses of eavesdropping
15    devices actually made under such order to overhear or
16    record conversations, including: (a) the approximate
17    nature and frequency of incriminating conversations
18    overheard, (b) the approximate nature and frequency of
19    other conversations overheard, (c) the approximate number
20    of persons whose conversations were overheard, and (d) the
21    approximate nature, amount, and cost of the manpower and
22    other resources used pursuant to the authorization to use
23    an eavesdropping device;
24        (2) the number of arrests resulting from authorized
25    uses of eavesdropping devices and the offenses for which
26    arrests were made;

 

 

SB2037- 1990 -LRB102 17120 WGH 22551 b

1        (3) the number of trials resulting from such uses of
2    eavesdropping devices;
3        (4) the number of motions to suppress made with
4    respect to such uses, and the number granted or denied;
5    and
6        (5) the number of convictions resulting from such uses
7    and the offenses for which the convictions were obtained
8    and a general assessment of the importance of the
9    convictions.
10    On or before March 1 of each year, the Director of the
11Illinois Department of State Police shall submit to the
12Governor a report of all intercepts as defined herein
13conducted pursuant to this Article and terminated during the
14preceding calendar year. Such report shall include:
15        (1) the reports of State's Attorneys forwarded to the
16    Director as required in this Section;
17        (2) the number of Illinois State Police Department
18    personnel authorized to possess, install, or operate
19    electronic, mechanical, or other devices;
20        (3) the number of Illinois State Police Department and
21    other law enforcement personnel who participated or
22    engaged in the seizure of intercepts pursuant to this
23    Article during the preceding calendar year;
24        (4) the number of electronic criminal surveillance
25    officers trained by the Illinois State Police Department;
26        (5) the total cost to the Illinois State Police

 

 

SB2037- 1991 -LRB102 17120 WGH 22551 b

1    Department of all activities and procedures relating to
2    the seizure of intercepts during the preceding calendar
3    year, including costs of equipment, manpower, and expenses
4    incurred as compensation for use of facilities or
5    technical assistance provided to or by the Illinois State
6    Police Department; and
7        (6) a summary of the use of eavesdropping devices
8    pursuant to orders of interception including (a) the
9    frequency of use in each county, (b) the frequency of use
10    for each crime enumerated in Section 108B-3 of the Code of
11    Criminal Procedure of 1963, as amended, (c) the type and
12    frequency of eavesdropping device use, and (d) the
13    frequency of use by each police department or law
14    enforcement agency of this State.
15    (d) In April of each year, the Director of the Illinois
16Department of State Police and the Governor shall each
17transmit to the General Assembly reports including information
18on the number of applications for orders authorizing the use
19of eavesdropping devices, the number of orders and extensions
20granted or denied during the preceding calendar year, the
21convictions arising out of such uses, and a summary of the
22information required by subsections (a) and (b) of this
23Section.
24    The requirement for reporting to the General Assembly
25shall be satisfied by filing copies of the report as required
26by Section 3.1 of the General Assembly Organization Act, and

 

 

SB2037- 1992 -LRB102 17120 WGH 22551 b

1filing such additional copies with the State Government Report
2Distribution Center for the General Assembly as is required
3under paragraph (t) of Section 7 of the State Library Act.
4(Source: P.A. 100-1148, eff. 12-10-18.)
 
5    (725 ILCS 5/108B-14)  (from Ch. 38, par. 108B-14)
6    Sec. 108B-14. Training.
7    (a) The Director of the Illinois Department of State
8Police shall:
9        (1) Establish a course of training in the legal,
10    practical, and technical aspects of the interception of
11    private communications and related investigation and
12    prosecution techniques;
13        (2) Issue regulations as he finds necessary for the
14    training program;
15        (3) In cooperation with the Illinois Law Enforcement
16    Training Standards Board, set minimum standards for
17    certification and periodic recertification of electronic
18    criminal surveillance officers as eligible to apply for
19    orders authorizing the interception of private
20    communications, to conduct the interceptions, and to use
21    the private communications or evidence derived from them
22    in official proceedings; and
23        (4) In cooperation with the Illinois Law Enforcement
24    Training Standards Board, revoke or suspend the
25    certification of any electronic criminal surveillance

 

 

SB2037- 1993 -LRB102 17120 WGH 22551 b

1    officer who has violated any law relating to electronic
2    criminal surveillance, or any of the guidelines
3    established by the Illinois State Police Department for
4    conducting electronic criminal surveillance.
5    (b) The Executive Director of the Illinois Law Enforcement
6Training Standards Board shall:
7        (1) Pursuant to the Illinois Police Training Act,
8    review the course of training prescribed by the Illinois
9    State Police Department for the purpose of certification
10    relating to reimbursement of expenses incurred by local
11    law enforcement agencies participating in the electronic
12    criminal surveillance officer training process, and
13        (2) Assist the Illinois State Police Department in
14    establishing minimum standards for certification and
15    periodic recertification of electronic criminal
16    surveillance officers as being eligible to apply for
17    orders authorizing the interception of private
18    communications, to conduct the interpretations, and to use
19    the communications or evidence derived from them in
20    official proceedings.
21(Source: P.A. 92-854, eff. 12-5-02.)
 
22    (725 ILCS 5/110-7)  (from Ch. 38, par. 110-7)
23    Sec. 110-7. Deposit of bail security.
24    (a) The person for whom bail has been set shall execute the
25bail bond and deposit with the clerk of the court before which

 

 

SB2037- 1994 -LRB102 17120 WGH 22551 b

1the proceeding is pending a sum of money equal to 10% of the
2bail, but in no event shall such deposit be less than $25. The
3clerk of the court shall provide a space on each form for a
4person other than the accused who has provided the money for
5the posting of bail to so indicate and a space signed by an
6accused who has executed the bail bond indicating whether a
7person other than the accused has provided the money for the
8posting of bail. The form shall also include a written notice
9to such person who has provided the defendant with the money
10for the posting of bail indicating that the bail may be used to
11pay costs, attorney's fees, fines, or other purposes
12authorized by the court and if the defendant fails to comply
13with the conditions of the bail bond, the court shall enter an
14order declaring the bail to be forfeited. The written notice
15must be: (1) distinguishable from the surrounding text; (2) in
16bold type or underscored; and (3) in a type size at least 2
17points larger than the surrounding type. When a person for
18whom bail has been set is charged with an offense under the
19Illinois Controlled Substances Act or the Methamphetamine
20Control and Community Protection Act which is a Class X
21felony, or making a terrorist threat in violation of Section
2229D-20 of the Criminal Code of 1961 or the Criminal Code of
232012 or an attempt to commit the offense of making a terrorist
24threat, the court may require the defendant to deposit a sum
25equal to 100% of the bail. Where any person is charged with a
26forcible felony while free on bail and is the subject of

 

 

SB2037- 1995 -LRB102 17120 WGH 22551 b

1proceedings under Section 109-3 of this Code the judge
2conducting the preliminary examination may also conduct a
3hearing upon the application of the State pursuant to the
4provisions of Section 110-6 of this Code to increase or revoke
5the bail for that person's prior alleged offense.
6    (b) Upon depositing this sum and any bond fee authorized
7by law, the person shall be released from custody subject to
8the conditions of the bail bond.
9    (c) Once bail has been given and a charge is pending or is
10thereafter filed in or transferred to a court of competent
11jurisdiction the latter court shall continue the original bail
12in that court subject to the provisions of Section 110-6 of
13this Code.
14    (d) After conviction the court may order that the original
15bail stand as bail pending appeal or deny, increase or reduce
16bail subject to the provisions of Section 110-6.2.
17    (e) After the entry of an order by the trial court allowing
18or denying bail pending appeal either party may apply to the
19reviewing court having jurisdiction or to a justice thereof
20sitting in vacation for an order increasing or decreasing the
21amount of bail or allowing or denying bail pending appeal
22subject to the provisions of Section 110-6.2.
23    (f) When the conditions of the bail bond have been
24performed and the accused has been discharged from all
25obligations in the cause the clerk of the court shall return to
26the accused or to the defendant's designee by an assignment

 

 

SB2037- 1996 -LRB102 17120 WGH 22551 b

1executed at the time the bail amount is deposited, unless the
2court orders otherwise, 90% of the sum which had been
3deposited and shall retain as bail bond costs 10% of the amount
4deposited. However, in no event shall the amount retained by
5the clerk as bail bond costs be less than $5. Notwithstanding
6the foregoing, in counties with a population of 3,000,000 or
7more, in no event shall the amount retained by the clerk as
8bail bond costs exceed $100. Bail bond deposited by or on
9behalf of a defendant in one case may be used, in the court's
10discretion, to satisfy financial obligations of that same
11defendant incurred in a different case due to a fine, court
12costs, restitution or fees of the defendant's attorney of
13record. In counties with a population of 3,000,000 or more,
14the court shall not order bail bond deposited by or on behalf
15of a defendant in one case to be used to satisfy financial
16obligations of that same defendant in a different case until
17the bail bond is first used to satisfy court costs and
18attorney's fees in the case in which the bail bond has been
19deposited and any other unpaid child support obligations are
20satisfied. In counties with a population of less than
213,000,000, the court shall not order bail bond deposited by or
22on behalf of a defendant in one case to be used to satisfy
23financial obligations of that same defendant in a different
24case until the bail bond is first used to satisfy court costs
25in the case in which the bail bond has been deposited.
26    At the request of the defendant the court may order such

 

 

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190% of defendant's bail deposit, or whatever amount is
2repayable to defendant from such deposit, to be paid to
3defendant's attorney of record.
4    (g) If the accused does not comply with the conditions of
5the bail bond the court having jurisdiction shall enter an
6order declaring the bail to be forfeited. Notice of such order
7of forfeiture shall be mailed forthwith to the accused at his
8last known address. If the accused does not appear and
9surrender to the court having jurisdiction within 30 days from
10the date of the forfeiture or within such period satisfy the
11court that appearance and surrender by the accused is
12impossible and without his fault the court shall enter
13judgment for the State if the charge for which the bond was
14given was a felony or misdemeanor, or if the charge was
15quasi-criminal or traffic, judgment for the political
16subdivision of the State which prosecuted the case, against
17the accused for the amount of the bail and costs of the court
18proceedings; however, in counties with a population of less
19than 3,000,000, instead of the court entering a judgment for
20the full amount of the bond the court may, in its discretion,
21enter judgment for the cash deposit on the bond, less costs,
22retain the deposit for further disposition or, if a cash bond
23was posted for failure to appear in a matter involving
24enforcement of child support or maintenance, the amount of the
25cash deposit on the bond, less outstanding costs, may be
26awarded to the person or entity to whom the child support or

 

 

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1maintenance is due. The deposit made in accordance with
2paragraph (a) shall be applied to the payment of costs. If
3judgment is entered and any amount of such deposit remains
4after the payment of costs it shall be applied to payment of
5the judgment and transferred to the treasury of the municipal
6corporation wherein the bond was taken if the offense was a
7violation of any penal ordinance of a political subdivision of
8this State, or to the treasury of the county wherein the bond
9was taken if the offense was a violation of any penal statute
10of this State. The balance of the judgment may be enforced and
11collected in the same manner as a judgment entered in a civil
12action.
13    (h) After a judgment for a fine and court costs or either
14is entered in the prosecution of a cause in which a deposit had
15been made in accordance with paragraph (a) the balance of such
16deposit, after deduction of bail bond costs, shall be applied
17to the payment of the judgment.
18    (i) When a court appearance is required for an alleged
19violation of the Criminal Code of 1961, the Criminal Code of
202012, the Illinois Vehicle Code, the Wildlife Code, the Fish
21and Aquatic Life Code, the Child Passenger Protection Act, or
22a comparable offense of a unit of local government as
23specified in Supreme Court Rule 551, and if the accused does
24not appear in court on the date set for appearance or any date
25to which the case may be continued and the court issues an
26arrest warrant for the accused, based upon his or her failure

 

 

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1to appear when having so previously been ordered to appear by
2the court, the accused upon his or her admission to bail shall
3be assessed by the court a fee of $75. Payment of the fee shall
4be a condition of release unless otherwise ordered by the
5court. The fee shall be in addition to any bail that the
6accused is required to deposit for the offense for which the
7accused has been charged and may not be used for the payment of
8court costs or fines assessed for the offense. The clerk of the
9court shall remit $70 of the fee assessed to the arresting
10agency who brings the offender in on the arrest warrant. If the
11Illinois Department of State Police is the arresting agency,
12$70 of the fee assessed shall be remitted by the clerk of the
13court to the State Treasurer within one month after receipt
14for deposit into the State Police Operations Assistance Fund.
15The clerk of the court shall remit $5 of the fee assessed to
16the Circuit Court Clerk Operation and Administrative Fund as
17provided in Section 27.3d of the Clerks of Courts Act.
18(Source: P.A. 99-412, eff. 1-1-16.)
 
19    (725 ILCS 5/112A-11.1)
20    Sec. 112A-11.1. Procedure for determining whether certain
21misdemeanor crimes are crimes of domestic violence for
22purposes of federal law.
23    (a) When a defendant has been charged with a violation of
24Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
25Criminal Code of 1961 or the Criminal Code of 2012, the State

 

 

SB2037- 2000 -LRB102 17120 WGH 22551 b

1may, at arraignment or no later than 45 days after
2arraignment, for the purpose of notification to the Illinois
3Department of State Police Firearm Owner's Identification Card
4Office, serve on the defendant and file with the court a notice
5alleging that conviction of the offense would subject the
6defendant to the prohibitions of 18 U.S.C. 922(g)(9) because
7of the relationship between the defendant and the alleged
8victim and the nature of the alleged offense.
9    (b) The notice shall include the name of the person
10alleged to be the victim of the crime and shall specify the
11nature of the alleged relationship as set forth in 18 U.S.C.
12921(a)(33)(A)(ii). It shall also specify the element of the
13charged offense which requires the use or attempted use of
14physical force, or the threatened use of a deadly weapon, as
15set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
16notice that the defendant is entitled to a hearing on the
17allegation contained in the notice and that if the allegation
18is sustained, that determination and conviction shall be
19reported to the Illinois Department of State Police Firearm
20Owner's Identification Card Office.
21    (c) After having been notified as provided in subsection
22(b) of this Section, the defendant may stipulate or admit,
23orally on the record or in writing, that conviction of the
24offense would subject the defendant to the prohibitions of 18
25U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
26922(g)(9) shall be deemed established for purposes of Section

 

 

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1112A-11.2. If the defendant denies the applicability of 18
2U.S.C. 922(g)(9) as alleged in the notice served by the State,
3or stands mute with respect to that allegation, then the State
4shall bear the burden to prove beyond a reasonable doubt that
5the offense is one to which the prohibitions of 18 U.S.C.
6922(g)(9) apply. The court may consider reliable hearsay
7evidence submitted by either party provided that it is
8relevant to the determination of the allegation. Facts
9previously proven at trial or elicited at the time of entry of
10a plea of guilty shall be deemed established beyond a
11reasonable doubt and shall not be relitigated. At the
12conclusion of the hearing, or upon a stipulation or admission,
13as applicable, the court shall make a specific written
14determination with respect to the allegation.
15(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
16    (725 ILCS 5/112A-11.2)
17    Sec. 112A-11.2. Notification to the Illinois Department of
18State Police Firearm Owner's Identification Card Office of
19determinations in certain misdemeanor cases. Upon judgment of
20conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
2112-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
22Code of 2012 when the defendant has been determined, under
23Section 112A-11.1, to be subject to the prohibitions of 18
24U.S.C. 922(g)(9), the circuit court clerk shall include
25notification and a copy of the written determination in a

 

 

SB2037- 2002 -LRB102 17120 WGH 22551 b

1report of the conviction to the Illinois Department of State
2Police Firearm Owner's Identification Card Office to enable
3the office to report that determination to the Federal Bureau
4of Investigation and assist the Bureau in identifying persons
5prohibited from purchasing and possessing a firearm pursuant
6to the provisions of 18 U.S.C. 922.
7(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
8    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
9    Sec. 112A-14. Domestic violence order of protection;
10remedies.
11    (a) (Blank).
12    (b) The court may order any of the remedies listed in this
13subsection (b). The remedies listed in this subsection (b)
14shall be in addition to other civil or criminal remedies
15available to petitioner.
16        (1) Prohibition of abuse. Prohibit respondent's
17    harassment, interference with personal liberty,
18    intimidation of a dependent, physical abuse, or willful
19    deprivation, as defined in this Article, if such abuse has
20    occurred or otherwise appears likely to occur if not
21    prohibited.
22        (2) Grant of exclusive possession of residence.
23    Prohibit respondent from entering or remaining in any
24    residence, household, or premises of the petitioner,
25    including one owned or leased by respondent, if petitioner

 

 

SB2037- 2003 -LRB102 17120 WGH 22551 b

1    has a right to occupancy thereof. The grant of exclusive
2    possession of the residence, household, or premises shall
3    not affect title to real property, nor shall the court be
4    limited by the standard set forth in subsection (c-2) of
5    Section 501 of the Illinois Marriage and Dissolution of
6    Marriage Act.
7            (A) Right to occupancy. A party has a right to
8        occupancy of a residence or household if it is solely
9        or jointly owned or leased by that party, that party's
10        spouse, a person with a legal duty to support that
11        party or a minor child in that party's care, or by any
12        person or entity other than the opposing party that
13        authorizes that party's occupancy (e.g., a domestic
14        violence shelter). Standards set forth in subparagraph
15        (B) shall not preclude equitable relief.
16            (B) Presumption of hardships. If petitioner and
17        respondent each has the right to occupancy of a
18        residence or household, the court shall balance (i)
19        the hardships to respondent and any minor child or
20        dependent adult in respondent's care resulting from
21        entry of this remedy with (ii) the hardships to
22        petitioner and any minor child or dependent adult in
23        petitioner's care resulting from continued exposure to
24        the risk of abuse (should petitioner remain at the
25        residence or household) or from loss of possession of
26        the residence or household (should petitioner leave to

 

 

SB2037- 2004 -LRB102 17120 WGH 22551 b

1        avoid the risk of abuse). When determining the balance
2        of hardships, the court shall also take into account
3        the accessibility of the residence or household.
4        Hardships need not be balanced if respondent does not
5        have a right to occupancy.
6            The balance of hardships is presumed to favor
7        possession by petitioner unless the presumption is
8        rebutted by a preponderance of the evidence, showing
9        that the hardships to respondent substantially
10        outweigh the hardships to petitioner and any minor
11        child or dependent adult in petitioner's care. The
12        court, on the request of petitioner or on its own
13        motion, may order respondent to provide suitable,
14        accessible, alternate housing for petitioner instead
15        of excluding respondent from a mutual residence or
16        household.
17        (3) Stay away order and additional prohibitions. Order
18    respondent to stay away from petitioner or any other
19    person protected by the domestic violence order of
20    protection, or prohibit respondent from entering or
21    remaining present at petitioner's school, place of
22    employment, or other specified places at times when
23    petitioner is present, or both, if reasonable, given the
24    balance of hardships. Hardships need not be balanced for
25    the court to enter a stay away order or prohibit entry if
26    respondent has no right to enter the premises.

 

 

SB2037- 2005 -LRB102 17120 WGH 22551 b

1            (A) If a domestic violence order of protection
2        grants petitioner exclusive possession of the
3        residence, prohibits respondent from entering the
4        residence, or orders respondent to stay away from
5        petitioner or other protected persons, then the court
6        may allow respondent access to the residence to remove
7        items of clothing and personal adornment used
8        exclusively by respondent, medications, and other
9        items as the court directs. The right to access shall
10        be exercised on only one occasion as the court directs
11        and in the presence of an agreed-upon adult third
12        party or law enforcement officer.
13            (B) When the petitioner and the respondent attend
14        the same public, private, or non-public elementary,
15        middle, or high school, the court when issuing a
16        domestic violence order of protection and providing
17        relief shall consider the severity of the act, any
18        continuing physical danger or emotional distress to
19        the petitioner, the educational rights guaranteed to
20        the petitioner and respondent under federal and State
21        law, the availability of a transfer of the respondent
22        to another school, a change of placement or a change of
23        program of the respondent, the expense, difficulty,
24        and educational disruption that would be caused by a
25        transfer of the respondent to another school, and any
26        other relevant facts of the case. The court may order

 

 

SB2037- 2006 -LRB102 17120 WGH 22551 b

1        that the respondent not attend the public, private, or
2        non-public elementary, middle, or high school attended
3        by the petitioner, order that the respondent accept a
4        change of placement or change of program, as
5        determined by the school district or private or
6        non-public school, or place restrictions on the
7        respondent's movements within the school attended by
8        the petitioner. The respondent bears the burden of
9        proving by a preponderance of the evidence that a
10        transfer, change of placement, or change of program of
11        the respondent is not available. The respondent also
12        bears the burden of production with respect to the
13        expense, difficulty, and educational disruption that
14        would be caused by a transfer of the respondent to
15        another school. A transfer, change of placement, or
16        change of program is not unavailable to the respondent
17        solely on the ground that the respondent does not
18        agree with the school district's or private or
19        non-public school's transfer, change of placement, or
20        change of program or solely on the ground that the
21        respondent fails or refuses to consent or otherwise
22        does not take an action required to effectuate a
23        transfer, change of placement, or change of program.
24        When a court orders a respondent to stay away from the
25        public, private, or non-public school attended by the
26        petitioner and the respondent requests a transfer to

 

 

SB2037- 2007 -LRB102 17120 WGH 22551 b

1        another attendance center within the respondent's
2        school district or private or non-public school, the
3        school district or private or non-public school shall
4        have sole discretion to determine the attendance
5        center to which the respondent is transferred. If the
6        court order results in a transfer of the minor
7        respondent to another attendance center, a change in
8        the respondent's placement, or a change of the
9        respondent's program, the parents, guardian, or legal
10        custodian of the respondent is responsible for
11        transportation and other costs associated with the
12        transfer or change.
13            (C) The court may order the parents, guardian, or
14        legal custodian of a minor respondent to take certain
15        actions or to refrain from taking certain actions to
16        ensure that the respondent complies with the order. If
17        the court orders a transfer of the respondent to
18        another school, the parents, guardian, or legal
19        custodian of the respondent is responsible for
20        transportation and other costs associated with the
21        change of school by the respondent.
22        (4) Counseling. Require or recommend the respondent to
23    undergo counseling for a specified duration with a social
24    worker, psychologist, clinical psychologist,
25    psychiatrist, family service agency, alcohol or substance
26    abuse program, mental health center guidance counselor,

 

 

SB2037- 2008 -LRB102 17120 WGH 22551 b

1    agency providing services to elders, program designed for
2    domestic violence abusers, or any other guidance service
3    the court deems appropriate. The court may order the
4    respondent in any intimate partner relationship to report
5    to an Illinois Department of Human Services protocol
6    approved partner abuse intervention program for an
7    assessment and to follow all recommended treatment.
8        (5) Physical care and possession of the minor child.
9    In order to protect the minor child from abuse, neglect,
10    or unwarranted separation from the person who has been the
11    minor child's primary caretaker, or to otherwise protect
12    the well-being of the minor child, the court may do either
13    or both of the following: (i) grant petitioner physical
14    care or possession of the minor child, or both, or (ii)
15    order respondent to return a minor child to, or not remove
16    a minor child from, the physical care of a parent or person
17    in loco parentis.
18        If the respondent is charged with abuse (as defined in
19    Section 112A-3 of this Code) of a minor child, there shall
20    be a rebuttable presumption that awarding physical care to
21    respondent would not be in the minor child's best
22    interest.
23        (6) Temporary allocation of parental responsibilities
24    and significant decision-making responsibilities. Award
25    temporary significant decision-making responsibility to
26    petitioner in accordance with this Section, the Illinois

 

 

SB2037- 2009 -LRB102 17120 WGH 22551 b

1    Marriage and Dissolution of Marriage Act, the Illinois
2    Parentage Act of 2015, and this State's Uniform
3    Child-Custody Jurisdiction and Enforcement Act.
4        If the respondent is charged with abuse (as defined in
5    Section 112A-3 of this Code) of a minor child, there shall
6    be a rebuttable presumption that awarding temporary
7    significant decision-making responsibility to respondent
8    would not be in the child's best interest.
9        (7) Parenting time. Determine the parenting time, if
10    any, of respondent in any case in which the court awards
11    physical care or temporary significant decision-making
12    responsibility of a minor child to petitioner. The court
13    shall restrict or deny respondent's parenting time with a
14    minor child if the court finds that respondent has done or
15    is likely to do any of the following:
16            (i) abuse or endanger the minor child during
17        parenting time;
18            (ii) use the parenting time as an opportunity to
19        abuse or harass petitioner or petitioner's family or
20        household members;
21            (iii) improperly conceal or detain the minor
22        child; or
23            (iv) otherwise act in a manner that is not in the
24        best interests of the minor child.
25        The court shall not be limited by the standards set
26    forth in Section 603.10 of the Illinois Marriage and

 

 

SB2037- 2010 -LRB102 17120 WGH 22551 b

1    Dissolution of Marriage Act. If the court grants parenting
2    time, the order shall specify dates and times for the
3    parenting time to take place or other specific parameters
4    or conditions that are appropriate. No order for parenting
5    time shall refer merely to the term "reasonable parenting
6    time". Petitioner may deny respondent access to the minor
7    child if, when respondent arrives for parenting time,
8    respondent is under the influence of drugs or alcohol and
9    constitutes a threat to the safety and well-being of
10    petitioner or petitioner's minor children or is behaving
11    in a violent or abusive manner. If necessary to protect
12    any member of petitioner's family or household from future
13    abuse, respondent shall be prohibited from coming to
14    petitioner's residence to meet the minor child for
15    parenting time, and the petitioner and respondent shall
16    submit to the court their recommendations for reasonable
17    alternative arrangements for parenting time. A person may
18    be approved to supervise parenting time only after filing
19    an affidavit accepting that responsibility and
20    acknowledging accountability to the court.
21        (8) Removal or concealment of minor child. Prohibit
22    respondent from removing a minor child from the State or
23    concealing the child within the State.
24        (9) Order to appear. Order the respondent to appear in
25    court, alone or with a minor child, to prevent abuse,
26    neglect, removal or concealment of the child, to return

 

 

SB2037- 2011 -LRB102 17120 WGH 22551 b

1    the child to the custody or care of the petitioner, or to
2    permit any court-ordered interview or examination of the
3    child or the respondent.
4        (10) Possession of personal property. Grant petitioner
5    exclusive possession of personal property and, if
6    respondent has possession or control, direct respondent to
7    promptly make it available to petitioner, if:
8            (i) petitioner, but not respondent, owns the
9        property; or
10            (ii) the petitioner and respondent own the
11        property jointly; sharing it would risk abuse of
12        petitioner by respondent or is impracticable; and the
13        balance of hardships favors temporary possession by
14        petitioner.
15        If petitioner's sole claim to ownership of the
16    property is that it is marital property, the court may
17    award petitioner temporary possession thereof under the
18    standards of subparagraph (ii) of this paragraph only if a
19    proper proceeding has been filed under the Illinois
20    Marriage and Dissolution of Marriage Act, as now or
21    hereafter amended.
22        No order under this provision shall affect title to
23    property.
24        (11) Protection of property. Forbid the respondent
25    from taking, transferring, encumbering, concealing,
26    damaging, or otherwise disposing of any real or personal

 

 

SB2037- 2012 -LRB102 17120 WGH 22551 b

1    property, except as explicitly authorized by the court,
2    if:
3            (i) petitioner, but not respondent, owns the
4        property; or
5            (ii) the petitioner and respondent own the
6        property jointly, and the balance of hardships favors
7        granting this remedy.
8        If petitioner's sole claim to ownership of the
9    property is that it is marital property, the court may
10    grant petitioner relief under subparagraph (ii) of this
11    paragraph only if a proper proceeding has been filed under
12    the Illinois Marriage and Dissolution of Marriage Act, as
13    now or hereafter amended.
14        The court may further prohibit respondent from
15    improperly using the financial or other resources of an
16    aged member of the family or household for the profit or
17    advantage of respondent or of any other person.
18        (11.5) Protection of animals. Grant the petitioner the
19    exclusive care, custody, or control of any animal owned,
20    possessed, leased, kept, or held by either the petitioner
21    or the respondent or a minor child residing in the
22    residence or household of either the petitioner or the
23    respondent and order the respondent to stay away from the
24    animal and forbid the respondent from taking,
25    transferring, encumbering, concealing, harming, or
26    otherwise disposing of the animal.

 

 

SB2037- 2013 -LRB102 17120 WGH 22551 b

1        (12) Order for payment of support. Order respondent to
2    pay temporary support for the petitioner or any child in
3    the petitioner's care or over whom the petitioner has been
4    allocated parental responsibility, when the respondent has
5    a legal obligation to support that person, in accordance
6    with the Illinois Marriage and Dissolution of Marriage
7    Act, which shall govern, among other matters, the amount
8    of support, payment through the clerk and withholding of
9    income to secure payment. An order for child support may
10    be granted to a petitioner with lawful physical care of a
11    child, or an order or agreement for physical care of a
12    child, prior to entry of an order allocating significant
13    decision-making responsibility. Such a support order shall
14    expire upon entry of a valid order allocating parental
15    responsibility differently and vacating petitioner's
16    significant decision-making responsibility unless
17    otherwise provided in the order.
18        (13) Order for payment of losses. Order respondent to
19    pay petitioner for losses suffered as a direct result of
20    the abuse. Such losses shall include, but not be limited
21    to, medical expenses, lost earnings or other support,
22    repair or replacement of property damaged or taken,
23    reasonable attorney's fees, court costs, and moving or
24    other travel expenses, including additional reasonable
25    expenses for temporary shelter and restaurant meals.
26            (i) Losses affecting family needs. If a party is

 

 

SB2037- 2014 -LRB102 17120 WGH 22551 b

1        entitled to seek maintenance, child support, or
2        property distribution from the other party under the
3        Illinois Marriage and Dissolution of Marriage Act, as
4        now or hereafter amended, the court may order
5        respondent to reimburse petitioner's actual losses, to
6        the extent that such reimbursement would be
7        "appropriate temporary relief", as authorized by
8        subsection (a)(3) of Section 501 of that Act.
9            (ii) Recovery of expenses. In the case of an
10        improper concealment or removal of a minor child, the
11        court may order respondent to pay the reasonable
12        expenses incurred or to be incurred in the search for
13        and recovery of the minor child, including, but not
14        limited to, legal fees, court costs, private
15        investigator fees, and travel costs.
16        (14) Prohibition of entry. Prohibit the respondent
17    from entering or remaining in the residence or household
18    while the respondent is under the influence of alcohol or
19    drugs and constitutes a threat to the safety and
20    well-being of the petitioner or the petitioner's children.
21        (14.5) Prohibition of firearm possession.
22            (A) A person who is subject to an existing
23        domestic violence order of protection issued under
24        this Code may not lawfully possess weapons under
25        Section 8.2 of the Firearm Owners Identification Card
26        Act.

 

 

SB2037- 2015 -LRB102 17120 WGH 22551 b

1            (B) Any firearms in the possession of the
2        respondent, except as provided in subparagraph (C) of
3        this paragraph (14.5), shall be ordered by the court
4        to be turned over to a person with a valid Firearm
5        Owner's Identification Card for safekeeping. The court
6        shall issue an order that the respondent's Firearm
7        Owner's Identification Card be turned over to the
8        local law enforcement agency, which in turn shall
9        immediately mail the card to the Illinois Department
10        of State Police Firearm Owner's Identification Card
11        Office for safekeeping. The period of safekeeping
12        shall be for the duration of the domestic violence
13        order of protection. The firearm or firearms and
14        Firearm Owner's Identification Card, if unexpired,
15        shall at the respondent's request be returned to the
16        respondent at expiration of the domestic violence
17        order of protection.
18            (C) If the respondent is a peace officer as
19        defined in Section 2-13 of the Criminal Code of 2012,
20        the court shall order that any firearms used by the
21        respondent in the performance of his or her duties as a
22        peace officer be surrendered to the chief law
23        enforcement executive of the agency in which the
24        respondent is employed, who shall retain the firearms
25        for safekeeping for the duration of the domestic
26        violence order of protection.

 

 

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1            (D) Upon expiration of the period of safekeeping,
2        if the firearms or Firearm Owner's Identification Card
3        cannot be returned to respondent because respondent
4        cannot be located, fails to respond to requests to
5        retrieve the firearms, or is not lawfully eligible to
6        possess a firearm, upon petition from the local law
7        enforcement agency, the court may order the local law
8        enforcement agency to destroy the firearms, use the
9        firearms for training purposes, or for any other
10        application as deemed appropriate by the local law
11        enforcement agency; or that the firearms be turned
12        over to a third party who is lawfully eligible to
13        possess firearms, and who does not reside with
14        respondent.
15        (15) Prohibition of access to records. If a domestic
16    violence order of protection prohibits respondent from
17    having contact with the minor child, or if petitioner's
18    address is omitted under subsection (b) of Section 112A-5
19    of this Code, or if necessary to prevent abuse or wrongful
20    removal or concealment of a minor child, the order shall
21    deny respondent access to, and prohibit respondent from
22    inspecting, obtaining, or attempting to inspect or obtain,
23    school or any other records of the minor child who is in
24    the care of petitioner.
25        (16) Order for payment of shelter services. Order
26    respondent to reimburse a shelter providing temporary

 

 

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1    housing and counseling services to the petitioner for the
2    cost of the services, as certified by the shelter and
3    deemed reasonable by the court.
4        (17) Order for injunctive relief. Enter injunctive
5    relief necessary or appropriate to prevent further abuse
6    of a family or household member or to effectuate one of the
7    granted remedies, if supported by the balance of
8    hardships. If the harm to be prevented by the injunction
9    is abuse or any other harm that one of the remedies listed
10    in paragraphs (1) through (16) of this subsection is
11    designed to prevent, no further evidence is necessary to
12    establish that the harm is an irreparable injury.
13        (18) Telephone services.
14            (A) Unless a condition described in subparagraph
15        (B) of this paragraph exists, the court may, upon
16        request by the petitioner, order a wireless telephone
17        service provider to transfer to the petitioner the
18        right to continue to use a telephone number or numbers
19        indicated by the petitioner and the financial
20        responsibility associated with the number or numbers,
21        as set forth in subparagraph (C) of this paragraph. In
22        this paragraph (18), the term "wireless telephone
23        service provider" means a provider of commercial
24        mobile service as defined in 47 U.S.C. 332. The
25        petitioner may request the transfer of each telephone
26        number that the petitioner, or a minor child in his or

 

 

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1        her custody, uses. The clerk of the court shall serve
2        the order on the wireless telephone service provider's
3        agent for service of process provided to the Illinois
4        Commerce Commission. The order shall contain all of
5        the following:
6                (i) The name and billing telephone number of
7            the account holder including the name of the
8            wireless telephone service provider that serves
9            the account.
10                (ii) Each telephone number that will be
11            transferred.
12                (iii) A statement that the provider transfers
13            to the petitioner all financial responsibility for
14            and right to the use of any telephone number
15            transferred under this paragraph.
16            (B) A wireless telephone service provider shall
17        terminate the respondent's use of, and shall transfer
18        to the petitioner use of, the telephone number or
19        numbers indicated in subparagraph (A) of this
20        paragraph unless it notifies the petitioner, within 72
21        hours after it receives the order, that one of the
22        following applies:
23                (i) The account holder named in the order has
24            terminated the account.
25                (ii) A difference in network technology would
26            prevent or impair the functionality of a device on

 

 

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1            a network if the transfer occurs.
2                (iii) The transfer would cause a geographic or
3            other limitation on network or service provision
4            to the petitioner.
5                (iv) Another technological or operational
6            issue would prevent or impair the use of the
7            telephone number if the transfer occurs.
8            (C) The petitioner assumes all financial
9        responsibility for and right to the use of any
10        telephone number transferred under this paragraph. In
11        this paragraph, "financial responsibility" includes
12        monthly service costs and costs associated with any
13        mobile device associated with the number.
14            (D) A wireless telephone service provider may
15        apply to the petitioner its routine and customary
16        requirements for establishing an account or
17        transferring a number, including requiring the
18        petitioner to provide proof of identification,
19        financial information, and customer preferences.
20            (E) Except for willful or wanton misconduct, a
21        wireless telephone service provider is immune from
22        civil liability for its actions taken in compliance
23        with a court order issued under this paragraph.
24            (F) All wireless service providers that provide
25        services to residential customers shall provide to the
26        Illinois Commerce Commission the name and address of

 

 

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1        an agent for service of orders entered under this
2        paragraph (18). Any change in status of the registered
3        agent must be reported to the Illinois Commerce
4        Commission within 30 days of such change.
5            (G) The Illinois Commerce Commission shall
6        maintain the list of registered agents for service for
7        each wireless telephone service provider on the
8        Commission's website. The Commission may consult with
9        wireless telephone service providers and the Circuit
10        Court Clerks on the manner in which this information
11        is provided and displayed.
12    (c) Relevant factors; findings.
13        (1) In determining whether to grant a specific remedy,
14    other than payment of support, the court shall consider
15    relevant factors, including, but not limited to, the
16    following:
17            (i) the nature, frequency, severity, pattern, and
18        consequences of the respondent's past abuse of the
19        petitioner or any family or household member,
20        including the concealment of his or her location in
21        order to evade service of process or notice, and the
22        likelihood of danger of future abuse to petitioner or
23        any member of petitioner's or respondent's family or
24        household; and
25            (ii) the danger that any minor child will be
26        abused or neglected or improperly relocated from the

 

 

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1        jurisdiction, improperly concealed within the State,
2        or improperly separated from the child's primary
3        caretaker.
4        (2) In comparing relative hardships resulting to the
5    parties from loss of possession of the family home, the
6    court shall consider relevant factors, including, but not
7    limited to, the following:
8            (i) availability, accessibility, cost, safety,
9        adequacy, location, and other characteristics of
10        alternate housing for each party and any minor child
11        or dependent adult in the party's care;
12            (ii) the effect on the party's employment; and
13            (iii) the effect on the relationship of the party,
14        and any minor child or dependent adult in the party's
15        care, to family, school, church, and community.
16        (3) Subject to the exceptions set forth in paragraph
17    (4) of this subsection (c), the court shall make its
18    findings in an official record or in writing, and shall at
19    a minimum set forth the following:
20            (i) That the court has considered the applicable
21        relevant factors described in paragraphs (1) and (2)
22        of this subsection (c).
23            (ii) Whether the conduct or actions of respondent,
24        unless prohibited, will likely cause irreparable harm
25        or continued abuse.
26            (iii) Whether it is necessary to grant the

 

 

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1        requested relief in order to protect petitioner or
2        other alleged abused persons.
3        (4) (Blank).
4        (5) Never married parties. No rights or
5    responsibilities for a minor child born outside of
6    marriage attach to a putative father until a father and
7    child relationship has been established under the Illinois
8    Parentage Act of 1984, the Illinois Parentage Act of 2015,
9    the Illinois Public Aid Code, Section 12 of the Vital
10    Records Act, the Juvenile Court Act of 1987, the Probate
11    Act of 1975, the Uniform Interstate Family Support Act,
12    the Expedited Child Support Act of 1990, any judicial,
13    administrative, or other act of another state or
14    territory, any other statute of this State, or by any
15    foreign nation establishing the father and child
16    relationship, any other proceeding substantially in
17    conformity with the federal Personal Responsibility and
18    Work Opportunity Reconciliation Act of 1996, or when both
19    parties appeared in open court or at an administrative
20    hearing acknowledging under oath or admitting by
21    affirmation the existence of a father and child
22    relationship. Absent such an adjudication, no putative
23    father shall be granted temporary allocation of parental
24    responsibilities, including parenting time with the minor
25    child, or physical care and possession of the minor child,
26    nor shall an order of payment for support of the minor

 

 

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1    child be entered.
2    (d) Balance of hardships; findings. If the court finds
3that the balance of hardships does not support the granting of
4a remedy governed by paragraph (2), (3), (10), (11), or (16) of
5subsection (b) of this Section, which may require such
6balancing, the court's findings shall so indicate and shall
7include a finding as to whether granting the remedy will
8result in hardship to respondent that would substantially
9outweigh the hardship to petitioner from denial of the remedy.
10The findings shall be an official record or in writing.
11    (e) Denial of remedies. Denial of any remedy shall not be
12based, in whole or in part, on evidence that:
13        (1) respondent has cause for any use of force, unless
14    that cause satisfies the standards for justifiable use of
15    force provided by Article 7 of the Criminal Code of 2012;
16        (2) respondent was voluntarily intoxicated;
17        (3) petitioner acted in self-defense or defense of
18    another, provided that, if petitioner utilized force, such
19    force was justifiable under Article 7 of the Criminal Code
20    of 2012;
21        (4) petitioner did not act in self-defense or defense
22    of another;
23        (5) petitioner left the residence or household to
24    avoid further abuse by respondent;
25        (6) petitioner did not leave the residence or
26    household to avoid further abuse by respondent; or

 

 

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1        (7) conduct by any family or household member excused
2    the abuse by respondent, unless that same conduct would
3    have excused such abuse if the parties had not been family
4    or household members.
5(Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18;
6100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff.
71-1-19; 101-81, eff. 7-12-19.)
 
8    (725 ILCS 5/112A-14.7)
9    Sec. 112A-14.7. Stalking no contact order; remedies.
10    (a) The court may order any of the remedies listed in this
11Section. The remedies listed in this Section shall be in
12addition to other civil or criminal remedies available to
13petitioner. A stalking no contact order shall order one or
14more of the following:
15        (1) prohibit the respondent from threatening to commit
16    or committing stalking;
17        (2) order the respondent not to have any contact with
18    the petitioner or a third person specifically named by the
19    court;
20        (3) prohibit the respondent from knowingly coming
21    within, or knowingly remaining within a specified distance
22    of the petitioner or the petitioner's residence, school,
23    daycare, or place of employment, or any specified place
24    frequented by the petitioner; however, the court may order
25    the respondent to stay away from the respondent's own

 

 

SB2037- 2025 -LRB102 17120 WGH 22551 b

1    residence, school, or place of employment only if the
2    respondent has been provided actual notice of the
3    opportunity to appear and be heard on the petition;
4        (4) prohibit the respondent from possessing a Firearm
5    Owners Identification Card, or possessing or buying
6    firearms; and
7        (5) order other injunctive relief the court determines
8    to be necessary to protect the petitioner or third party
9    specifically named by the court.
10    (b) When the petitioner and the respondent attend the same
11public, private, or non-public elementary, middle, or high
12school, the court when issuing a stalking no contact order and
13providing relief shall consider the severity of the act, any
14continuing physical danger or emotional distress to the
15petitioner, the educational rights guaranteed to the
16petitioner and respondent under federal and State law, the
17availability of a transfer of the respondent to another
18school, a change of placement or a change of program of the
19respondent, the expense, difficulty, and educational
20disruption that would be caused by a transfer of the
21respondent to another school, and any other relevant facts of
22the case. The court may order that the respondent not attend
23the public, private, or non-public elementary, middle, or high
24school attended by the petitioner, order that the respondent
25accept a change of placement or program, as determined by the
26school district or private or non-public school, or place

 

 

SB2037- 2026 -LRB102 17120 WGH 22551 b

1restrictions on the respondent's movements within the school
2attended by the petitioner. The respondent bears the burden of
3proving by a preponderance of the evidence that a transfer,
4change of placement, or change of program of the respondent is
5not available. The respondent also bears the burden of
6production with respect to the expense, difficulty, and
7educational disruption that would be caused by a transfer of
8the respondent to another school. A transfer, change of
9placement, or change of program is not unavailable to the
10respondent solely on the ground that the respondent does not
11agree with the school district's or private or non-public
12school's transfer, change of placement, or change of program
13or solely on the ground that the respondent fails or refuses to
14consent to or otherwise does not take an action required to
15effectuate a transfer, change of placement, or change of
16program. When a court orders a respondent to stay away from the
17public, private, or non-public school attended by the
18petitioner and the respondent requests a transfer to another
19attendance center within the respondent's school district or
20private or non-public school, the school district or private
21or non-public school shall have sole discretion to determine
22the attendance center to which the respondent is transferred.
23If the court order results in a transfer of the minor
24respondent to another attendance center, a change in the
25respondent's placement, or a change of the respondent's
26program, the parents, guardian, or legal custodian of the

 

 

SB2037- 2027 -LRB102 17120 WGH 22551 b

1respondent is responsible for transportation and other costs
2associated with the transfer or change.
3    (c) The court may order the parents, guardian, or legal
4custodian of a minor respondent to take certain actions or to
5refrain from taking certain actions to ensure that the
6respondent complies with the order. If the court orders a
7transfer of the respondent to another school, the parents,
8guardian, or legal custodian of the respondent are responsible
9for transportation and other costs associated with the change
10of school by the respondent.
11    (d) The court shall not hold a school district or private
12or non-public school or any of its employees in civil or
13criminal contempt unless the school district or private or
14non-public school has been allowed to intervene.
15    (e) The court may hold the parents, guardian, or legal
16custodian of a minor respondent in civil or criminal contempt
17for a violation of any provision of any order entered under
18this Article for conduct of the minor respondent in violation
19of this Article if the parents, guardian, or legal custodian
20directed, encouraged, or assisted the respondent minor in the
21conduct.
22    (f) Monetary damages are not recoverable as a remedy.
23    (g) If the stalking no contact order prohibits the
24respondent from possessing a Firearm Owner's Identification
25Card, or possessing or buying firearms; the court shall
26confiscate the respondent's Firearm Owner's Identification

 

 

SB2037- 2028 -LRB102 17120 WGH 22551 b

1Card and immediately return the card to the Illinois
2Department of State Police Firearm Owner's Identification Card
3Office.
4(Source: P.A. 100-199, eff. 1-1-18.)
 
5    (725 ILCS 5/112A-17.5)
6    Sec. 112A-17.5. Ex parte protective orders.
7    (a) The petitioner may request expedited consideration of
8the petition for an ex parte protective order. The court shall
9consider the request on an expedited basis without requiring
10the respondent's presence or requiring notice to the
11respondent.
12    (b) Issuance of ex parte protective orders in cases
13involving domestic violence. An ex parte domestic violence
14order of protection shall be issued if petitioner satisfies
15the requirements of this subsection (b) for one or more of the
16requested remedies. For each remedy requested, petitioner
17shall establish that:
18        (1) the court has jurisdiction under Section 112A-9 of
19    this Code;
20        (2) the requirements of subsection (a) of Section
21    112A-11.5 of this Code are satisfied; and
22        (3) there is good cause to grant the remedy,
23    regardless of prior service of process or notice upon the
24    respondent, because:
25            (A) for the remedy of prohibition of abuse

 

 

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1        described in paragraph (1) of subsection (b) of
2        Section 112A-14 of this Code; stay away order and
3        additional prohibitions described in paragraph (3) of
4        subsection (b) of Section 112A-14 of this Code;
5        removal or concealment of minor child described in
6        paragraph (8) of subsection (b) of Section 112A-14 of
7        this Code; order to appear described in paragraph (9)
8        of subsection (b) of Section 112A-14 of this Code;
9        physical care and possession of the minor child
10        described in paragraph (5) of subsection (b) of
11        Section 112A-14 of this Code; protection of property
12        described in paragraph (11) of subsection (b) of
13        Section 112A-14 of this Code; prohibition of entry
14        described in paragraph (14) of subsection (b) of
15        Section 112A-14 of this Code; prohibition of firearm
16        possession described in paragraph (14.5) of subsection
17        (b) of Section 112A-14 of this Code; prohibition of
18        access to records described in paragraph (15) of
19        subsection (b) of Section 112A-14 of this Code;
20        injunctive relief described in paragraph (16) of
21        subsection (b) of Section 112A-14 of this Code; and
22        telephone services described in paragraph (18) of
23        subsection (b) of Section 112A-14 of this Code, the
24        harm which that remedy is intended to prevent would be
25        likely to occur if the respondent were given any prior
26        notice, or greater notice than was actually given, of

 

 

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1        the petitioner's efforts to obtain judicial relief;
2            (B) for the remedy of grant of exclusive
3        possession of residence described in paragraph (2) of
4        subsection (b) of Section 112A-14 of this Code; the
5        immediate danger of further abuse of the petitioner by
6        the respondent, if the petitioner chooses or had
7        chosen to remain in the residence or household while
8        the respondent was given any prior notice or greater
9        notice than was actually given of the petitioner's
10        efforts to obtain judicial relief outweighs the
11        hardships to the respondent of an emergency order
12        granting the petitioner exclusive possession of the
13        residence or household; and the remedy shall not be
14        denied because the petitioner has or could obtain
15        temporary shelter elsewhere while prior notice is
16        given to the respondent, unless the hardship to the
17        respondent from exclusion from the home substantially
18        outweigh the hardship to the petitioner; or
19            (C) for the remedy of possession of personal
20        property described in paragraph (10) of subsection (b)
21        of Section 112A-14 of this Code; improper disposition
22        of the personal property would be likely to occur if
23        the respondent were given any prior notice, or greater
24        notice than was actually given, of the petitioner's
25        efforts to obtain judicial relief or the petitioner
26        has an immediate and pressing need for the possession

 

 

SB2037- 2031 -LRB102 17120 WGH 22551 b

1        of that property.
2    An ex parte domestic violence order of protection may not
3include the counseling, custody, or payment of support or
4monetary compensation remedies provided by paragraphs (4),
5(12), (13), and (16) of subsection (b) of Section 112A-14 of
6this Code.
7    (c) Issuance of ex parte civil no contact order in cases
8involving sexual offenses. An ex parte civil no contact order
9shall be issued if the petitioner establishes that:
10        (1) the court has jurisdiction under Section 112A-9 of
11    this Code;
12        (2) the requirements of subsection (a) of Section
13    112A-11.5 of this Code are satisfied; and
14        (3) there is good cause to grant the remedy,
15    regardless of prior service of process or of notice upon
16    the respondent, because the harm which that remedy is
17    intended to prevent would be likely to occur if the
18    respondent were given any prior notice, or greater notice
19    than was actually given, of the petitioner's efforts to
20    obtain judicial relief.
21    The court may order any of the remedies under Section
22112A-14.5 of this Code.
23    (d) Issuance of ex parte stalking no contact order in
24cases involving stalking offenses. An ex parte stalking no
25contact order shall be issued if the petitioner establishes
26that:

 

 

SB2037- 2032 -LRB102 17120 WGH 22551 b

1        (1) the court has jurisdiction under Section 112A-9 of
2    this Code;
3        (2) the requirements of subsection (a) of Section
4    112A-11.5 of this Code are satisfied; and
5        (3) there is good cause to grant the remedy,
6    regardless of prior service of process or of notice upon
7    the respondent, because the harm which that remedy is
8    intended to prevent would be likely to occur if the
9    respondent were given any prior notice, or greater notice
10    than was actually given, of the petitioner's efforts to
11    obtain judicial relief.
12    The court may order any of the remedies under Section
13112A-14.7 of this Code.
14    (e) Issuance of ex parte protective orders on court
15holidays and evenings.
16    When the court is unavailable at the close of business,
17the petitioner may file a petition for an ex parte protective
18order before any available circuit judge or associate judge
19who may grant relief under this Article. If the judge finds
20that petitioner has satisfied the prerequisites in subsection
21(b), (c), or (d) of this Section, the judge shall issue an ex
22parte protective order.
23    The chief judge of the circuit court may designate for
24each county in the circuit at least one judge to be reasonably
25available to issue orally, by telephone, by facsimile, or
26otherwise, an ex parte protective order at all times, whether

 

 

SB2037- 2033 -LRB102 17120 WGH 22551 b

1or not the court is in session.
2    The judge who issued the order under this Section shall
3promptly communicate or convey the order to the sheriff to
4facilitate the entry of the order into the Law Enforcement
5Agencies Data System by the Illinois Department of State
6Police under Section 112A-28 of this Code. Any order issued
7under this Section and any documentation in support of it
8shall be certified on the next court day to the appropriate
9court. The clerk of that court shall immediately assign a case
10number, file the petition, order, and other documents with the
11court and enter the order of record and file it with the
12sheriff for service under subsection (f) of this Section.
13Failure to comply with the requirements of this subsection (e)
14shall not affect the validity of the order.
15    (f) Service of ex parte protective order on respondent.
16        (1) If an ex parte protective order is entered at the
17    time a summons or arrest warrant is issued for the
18    criminal charge, the petition for the protective order,
19    any supporting affidavits, if any, and the ex parte
20    protective order that has been issued shall be served with
21    the summons or arrest warrant. The enforcement of a
22    protective order under Section 112A-23 of this Code shall
23    not be affected by the lack of service or delivery,
24    provided the requirements of subsection (a) of Section
25    112A-23 of this Code are otherwise met.
26        (2) If an ex parte protective order is entered after a

 

 

SB2037- 2034 -LRB102 17120 WGH 22551 b

1    summons or arrest warrant is issued and before the
2    respondent makes an initial appearance in the criminal
3    case, the summons shall be in the form prescribed by
4    subsection (d) of Supreme Court Rule 101, except that it
5    shall require respondent to answer or appear within 7 days
6    and shall be accompanied by the petition for the
7    protective order, any supporting affidavits, if any, and
8    the ex parte protective order that has been issued.
9        (3) If an ex parte protective order is entered after
10    the respondent has been served notice of a petition for a
11    final protective order and the respondent has requested a
12    continuance to respond to the petition, the ex parte
13    protective order shall be served: (A) in open court if the
14    respondent is present at the proceeding at which the order
15    was entered; or (B) by summons in the form prescribed by
16    subsection (d) of Supreme Court Rule 101.
17        (4) No fee shall be charged for service of summons.
18        (5) The summons shall be served by the sheriff or
19    other law enforcement officer at the earliest time and
20    shall take precedence over other summonses except those of
21    a similar emergency nature. Special process servers may be
22    appointed at any time, and their designation shall not
23    affect the responsibilities and authority of the sheriff
24    or other official process servers. In a county with a
25    population over 3,000,000, a special process server may
26    not be appointed if an ex parte protective order grants

 

 

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1    the surrender of a child, the surrender of a firearm or
2    Firearm Owner's Identification Card, or the exclusive
3    possession of a shared residence. Process may be served in
4    court.
5    (g) Upon 7 days' notice to the petitioner, or a shorter
6notice period as the court may prescribe, a respondent subject
7to an ex parte protective order may appear and petition the
8court to re-hear the petition. Any petition to re-hear shall
9be verified and shall allege the following:
10        (1) that respondent did not receive prior notice of
11    the initial hearing in which the ex parte protective order
12    was entered under Section 112A-17.5 of this Code; and
13        (2) that respondent had a meritorious defense to the
14    order or any of its remedies or that the order or any of
15    its remedies was not authorized under this Article.
16    The verified petition and affidavit shall set forth the
17evidence of the meritorious defense that will be presented at
18a hearing. If the court finds that the evidence presented at
19the hearing on the petition establishes a meritorious defense
20by a preponderance of the evidence, the court may decide to
21vacate the protective order or modify the remedies.
22    (h) If the ex parte protective order granted petitioner
23exclusive possession of the residence and the petition of
24respondent seeks to re-open or vacate that grant, the court
25shall set a date for hearing within 14 days on all issues
26relating to exclusive possession. Under no circumstances shall

 

 

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1a court continue a hearing concerning exclusive possession
2beyond the 14th day except by agreement of the petitioner and
3the respondent. Other issues raised by the pleadings may be
4consolidated for the hearing if the petitioner, the
5respondent, and the court do not object.
6    (i) Duration of ex parte protective order. An ex parte
7order shall remain in effect until the court considers the
8request for a final protective order after notice has been
9served on the respondent or a default final protective order
10is entered, whichever occurs first. If a court date is
11scheduled for the issuance of a default protective order and
12the petitioner fails to personally appear or appear through
13counsel or the prosecuting attorney, the petition shall be
14dismissed and the ex parte order terminated.
15(Source: P.A. 100-597, eff. 6-29-18.)
 
16    (725 ILCS 5/112A-20)  (from Ch. 38, par. 112A-20)
17    Sec. 112A-20. Duration and extension of final protective
18orders.
19    (a) (Blank).
20    (b) A final protective order shall remain in effect as
21follows:
22        (1) if entered during pre-trial release, until
23    disposition, withdrawal, or dismissal of the underlying
24    charge; if, however, the case is continued as an
25    independent cause of action, the order's duration may be

 

 

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1    for a fixed period of time not to exceed 2 years;
2        (2) if in effect in conjunction with a bond forfeiture
3    warrant, until final disposition or an additional period
4    of time not exceeding 2 years; no domestic violence order
5    of protection, however, shall be terminated by a dismissal
6    that is accompanied by the issuance of a bond forfeiture
7    warrant;
8        (3) until 2 years after the expiration of any
9    supervision, conditional discharge, probation, periodic
10    imprisonment, parole, aftercare release, or mandatory
11    supervised release for domestic violence orders of
12    protection and civil no contact orders; or
13        (4) until 2 years after the date set by the court for
14    expiration of any sentence of imprisonment and subsequent
15    parole, aftercare release, or mandatory supervised release
16    for domestic violence orders of protection and civil no
17    contact orders; and
18        (5) permanent for a stalking no contact order if a
19    judgment of conviction for stalking is entered.
20    (c) Computation of time. The duration of a domestic
21violence order of protection shall not be reduced by the
22duration of any prior domestic violence order of protection.
23    (d) Law enforcement records. When a protective order
24expires upon the occurrence of a specified event, rather than
25upon a specified date as provided in subsection (b), no
26expiration date shall be entered in Illinois Department of

 

 

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1State Police records. To remove the protective order from
2those records, either the petitioner or the respondent shall
3request the clerk of the court to file a certified copy of an
4order stating that the specified event has occurred or that
5the protective order has been vacated or modified with the
6sheriff, and the sheriff shall direct that law enforcement
7records shall be promptly corrected in accordance with the
8filed order.
9    (e) Extension of Orders. Any domestic violence order of
10protection or civil no contact order that expires 2 years
11after the expiration of the defendant's sentence under
12paragraph (2), (3), or (4) of subsection (b) of Section
13112A-20 of this Article may be extended one or more times, as
14required. The petitioner, petitioner's counsel, or the State's
15Attorney on the petitioner's behalf shall file the motion for
16an extension of the final protective order in the criminal
17case and serve the motion in accordance with Supreme Court
18Rules 11 and 12. The court shall transfer the motion to the
19appropriate court or division for consideration under
20subsection (e) of Section 220 of the Illinois Domestic
21Violence Act of 1986, subsection (c) of Section 216 of the
22Civil No Contact Order Act, or subsection (c) of Section 105 of
23the Stalking No Contact Order as appropriate.
24    (f) Termination date. Any final protective order which
25would expire on a court holiday shall instead expire at the
26close of the next court business day.

 

 

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1    (g) Statement of purpose. The practice of dismissing or
2suspending a criminal prosecution in exchange for issuing a
3protective order undermines the purposes of this Article. This
4Section shall not be construed as encouraging that practice.
5(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 
6    (725 ILCS 5/112A-22)  (from Ch. 38, par. 112A-22)
7    Sec. 112A-22. Notice of orders.
8    (a) Entry and issuance. Upon issuance of any protective
9order, the clerk shall immediately, or on the next court day if
10an ex parte order is issued under subsection (e) of Section
11112A-17.5 of this Code, (i) enter the order on the record and
12file it in accordance with the circuit court procedures and
13(ii) provide a file stamped copy of the order to respondent and
14to petitioner, if present, and to the State's Attorney. If the
15victim is not present the State's Attorney shall (i) as soon as
16practicable notify the petitioner the order has been entered
17and (ii) provide a file stamped copy of the order to the
18petitioner within 3 days.
19    (b) Filing with sheriff. The clerk of the issuing judge
20shall, on the same day that a protective order is issued, file
21a copy of that order with the sheriff or other law enforcement
22officials charged with maintaining Illinois Department of
23State Police records or charged with serving the order upon
24respondent. If the order was issued under subsection (e) of
25Section 112A-17.5 of this Code, the clerk on the next court day

 

 

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1shall file a certified copy of the order with the sheriff or
2other law enforcement officials charged with maintaining
3Illinois Department of State Police records.
4    (c) (Blank).
5    (c-2) Service by sheriff. Unless respondent was present in
6court when the order was issued, the sheriff, other law
7enforcement official, or special process server shall promptly
8serve that order upon respondent and file proof of the
9service, in the manner provided for service of process in
10civil proceedings. Instead of serving the order upon the
11respondent; however, the sheriff, other law enforcement
12official, special process server, or other persons defined in
13Section 112A-22.1 of this Code may serve the respondent with a
14short form notification as provided in Section 112A-22.1 of
15this Code. If process has not yet been served upon the
16respondent, process shall be served with the order or short
17form notification if the service is made by the sheriff, other
18law enforcement official, or special process server.
19    (c-3) If the person against whom the protective order is
20issued is arrested and the written order is issued under
21subsection (e) of Section 112A-17.5 of this Code and received
22by the custodial law enforcement agency before the respondent
23or arrestee is released from custody, the custodial law
24enforcement agency shall promptly serve the order upon the
25respondent or arrestee before the respondent or arrestee is
26released from custody. In no event shall detention of the

 

 

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1respondent or arrestee be extended for a hearing on the
2petition for protective order or receipt of the order issued
3under Section 112A-17 of this Code.
4    (c-4) Extensions, modifications, and revocations. Any
5order extending, modifying, or revoking any protective order
6shall be promptly recorded, issued, and served as provided in
7this Section.
8    (c-5) (Blank).
9    (d) (Blank).
10    (e) Notice to health care facilities and health care
11practitioners. Upon the request of the petitioner, the clerk
12of the circuit court shall send a certified copy of the
13protective order to any specified health care facility or
14health care practitioner requested by the petitioner at the
15mailing address provided by the petitioner.
16    (f) Disclosure by health care facilities and health care
17practitioners. After receiving a certified copy of a
18protective order that prohibits a respondent's access to
19records, no health care facility or health care practitioner
20shall allow a respondent access to the records of any child who
21is a protected person under the protective order, or release
22information in those records to the respondent, unless the
23order has expired or the respondent shows a certified copy of
24the court order vacating the corresponding protective order
25that was sent to the health care facility or practitioner.
26Nothing in this Section shall be construed to require health

 

 

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1care facilities or health care practitioners to alter
2procedures related to billing and payment. The health care
3facility or health care practitioner may file the copy of the
4protective order in the records of a child who is a protected
5person under the protective order, or may employ any other
6method to identify the records to which a respondent is
7prohibited access. No health care facility or health care
8practitioner shall be civilly or professionally liable for
9reliance on a copy of a protective order, except for willful
10and wanton misconduct.
11    (g) Notice to schools. Upon the request of the petitioner,
12within 24 hours of the issuance of a protective order, the
13clerk of the issuing judge shall send a certified copy of the
14protective order to the day-care facility, pre-school or
15pre-kindergarten, or private school or the principal office of
16the public school district or any college or university in
17which any child who is a protected person under the protective
18order or any child of the petitioner is enrolled as requested
19by the petitioner at the mailing address provided by the
20petitioner. If the child transfers enrollment to another
21day-care facility, pre-school, pre-kindergarten, private
22school, public school, college, or university, the petitioner
23may, within 24 hours of the transfer, send to the clerk written
24notice of the transfer, including the name and address of the
25institution to which the child is transferring. Within 24
26hours of receipt of notice from the petitioner that a child is

 

 

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1transferring to another day-care facility, pre-school,
2pre-kindergarten, private school, public school, college, or
3university, the clerk shall send a certified copy of the order
4to the institution to which the child is transferring.
5    (h) Disclosure by schools. After receiving a certified
6copy of a protective order that prohibits a respondent's
7access to records, neither a day-care facility, pre-school,
8pre-kindergarten, public or private school, college, or
9university nor its employees shall allow a respondent access
10to a protected child's records or release information in those
11records to the respondent. The school shall file the copy of
12the protective order in the records of a child who is a
13protected person under the order. When a child who is a
14protected person under the protective order transfers to
15another day-care facility, pre-school, pre-kindergarten,
16public or private school, college, or university, the
17institution from which the child is transferring may, at the
18request of the petitioner, provide, within 24 hours of the
19transfer, written notice of the protective order, along with a
20certified copy of the order, to the institution to which the
21child is transferring.
22(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 
23    (725 ILCS 5/112A-28)  (from Ch. 38, par. 112A-28)
24    Sec. 112A-28. Data maintenance by law enforcement
25agencies.

 

 

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1    (a) All sheriffs shall furnish to the Illinois Department
2of State Police, daily, in the form and detail the Department
3requires, copies of any recorded protective orders issued by
4the court, and any foreign protective orders filed by the
5clerk of the court, and transmitted to the sheriff by the clerk
6of the court. Each protective order shall be entered in the Law
7Enforcement Agencies Data System on the same day it is issued
8by the court.
9    (b) The Illinois Department of State Police shall maintain
10a complete and systematic record and index of all valid and
11recorded protective orders issued or filed under this Act. The
12data shall be used to inform all dispatchers and law
13enforcement officers at the scene of an alleged incident of
14abuse or violation of a protective order of any recorded prior
15incident of abuse involving the abused party and the effective
16dates and terms of any recorded protective order.
17    (c) The data, records and transmittals required under this
18Section shall pertain to:
19        (1) any valid emergency, interim or plenary domestic
20    violence order of protection, civil no contact or stalking
21    no contact order issued in a civil proceeding; and
22        (2) any valid ex parte or final protective order
23    issued in a criminal proceeding or authorized under the
24    laws of another state, tribe, or United States territory.
25(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 

 

 

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1    (725 ILCS 5/115-15)
2    Sec. 115-15. Laboratory reports.
3    (a) In any criminal prosecution for a violation of the
4Cannabis Control Act, the Illinois Controlled Substances Act,
5or the Methamphetamine Control and Community Protection Act, a
6laboratory report from the Illinois Department of State
7Police, Division of Forensic Services, that is signed and
8sworn to by the person performing an analysis and that states
9(1) that the substance that is the basis of the alleged
10violation has been weighed and analyzed, and (2) the person's
11findings as to the contents, weight and identity of the
12substance, and (3) that it contains any amount of a controlled
13substance or cannabis is prima facie evidence of the contents,
14identity and weight of the substance. Attached to the report
15shall be a copy of a notarized statement by the signer of the
16report giving the name of the signer and stating (i) that he or
17she is an employee of the Illinois Department of State Police,
18Division of Forensic Services, (ii) the name and location of
19the laboratory where the analysis was performed, (iii) that
20performing the analysis is a part of his or her regular duties,
21and (iv) that the signer is qualified by education, training
22and experience to perform the analysis. The signer shall also
23allege that scientifically accepted tests were performed with
24due caution and that the evidence was handled in accordance
25with established and accepted procedures while in the custody
26of the laboratory.

 

 

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1    (a-5) In any criminal prosecution for reckless homicide
2under Section 9-3 of the Criminal Code of 1961 or the Criminal
3Code of 2012, or driving under the influence of alcohol, other
4drug, or combination of both, in violation of Section 11-501
5of the Illinois Vehicle Code or in any civil action held under
6a statutory summary suspension or revocation hearing under
7Section 2-118.1 of the Illinois Vehicle Code, a laboratory
8report from the Illinois Department of State Police, Division
9of Forensic Services, that is signed and sworn to by the person
10performing an analysis, and that states that the sample of
11blood, other bodily substance, or urine was tested for alcohol
12or drugs, and contains the person's findings as to the
13presence and amount of alcohol or drugs and type of drug is
14prima facie evidence of the presence, content, and amount of
15the alcohol or drugs analyzed in the blood, other bodily
16substance, or urine. Attached to the report must be a copy of a
17notarized statement by the signer of the report giving the
18name of the signer and stating (1) that he or she is an
19employee of the Illinois Department of State Police, Division
20of Forensic Services, (2) the name and location of the
21laboratory where the analysis was performed, (3) that
22performing the analysis is a part of his or her regular duties,
23(4) that the signer is qualified by education, training, and
24experience to perform the analysis, and (5) that
25scientifically accepted tests were performed with due caution
26and that the evidence was handled in accordance with

 

 

SB2037- 2047 -LRB102 17120 WGH 22551 b

1established and accepted procedures while in the custody of
2the laboratory.
3    (b) The State's Attorney shall serve a copy of the report
4on the attorney of record for the accused, or on the accused if
5he or she has no attorney, before any proceeding in which the
6report is to be used against the accused other than at a
7preliminary hearing or grand jury hearing when the report may
8be used without having been previously served upon the
9accused.
10    (c) The report shall not be prima facie evidence if the
11accused or his or her attorney demands the testimony of the
12person signing the report by serving the demand upon the
13State's Attorney within 7 days from the accused or his or her
14attorney's receipt of the report.
15(Source: P.A. 99-697, eff. 7-29-16.)
 
16    (725 ILCS 5/116-3)
17    Sec. 116-3. Motion for fingerprint, Integrated Ballistic
18Identification System, or forensic testing not available at
19trial or guilty plea regarding actual innocence.
20    (a) A defendant may make a motion before the trial court
21that entered the judgment of conviction in his or her case for
22the performance of fingerprint, Integrated Ballistic
23Identification System, or forensic DNA testing, including
24comparison analysis of genetic marker groupings of the
25evidence collected by criminal justice agencies pursuant to

 

 

SB2037- 2048 -LRB102 17120 WGH 22551 b

1the alleged offense, to those of the defendant, to those of
2other forensic evidence, and to those maintained under
3subsection (f) of Section 5-4-3 of the Unified Code of
4Corrections, on evidence that was secured in relation to the
5trial or guilty plea which resulted in his or her conviction,
6and:
7        (1) was not subject to the testing which is now
8    requested at the time of trial; or
9        (2) although previously subjected to testing, can be
10    subjected to additional testing utilizing a method that
11    was not scientifically available at the time of trial that
12    provides a reasonable likelihood of more probative
13    results.
14    Reasonable notice of the motion shall be served upon the
15State.
16    (b) The defendant must present a prima facie case that:
17        (1) identity was the issue in the trial or guilty plea
18    which resulted in his or her conviction; and
19        (2) the evidence to be tested has been subject to a
20    chain of custody sufficient to establish that it has not
21    been substituted, tampered with, replaced, or altered in
22    any material aspect.
23    (c) The trial court shall allow the testing under
24reasonable conditions designed to protect the State's
25interests in the integrity of the evidence and the testing
26process upon a determination that:

 

 

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1        (1) the result of the testing has the scientific
2    potential to produce new, noncumulative evidence (i)
3    materially relevant to the defendant's assertion of actual
4    innocence when the defendant's conviction was the result
5    of a trial, even though the results may not completely
6    exonerate the defendant, or (ii) that would raise a
7    reasonable probability that the defendant would have been
8    acquitted if the results of the evidence to be tested had
9    been available prior to the defendant's guilty plea and
10    the petitioner had proceeded to trial instead of pleading
11    guilty, even though the results may not completely
12    exonerate the defendant; and
13        (2) the testing requested employs a scientific method
14    generally accepted within the relevant scientific
15    community.
16    (d) If evidence previously tested pursuant to this Section
17reveals an unknown fingerprint from the crime scene that does
18not match the defendant or the victim, the order of the Court
19shall direct the prosecuting authority to request the Illinois
20State Police Bureau of Forensic Science to submit the unknown
21fingerprint evidence into the FBI's Integrated Automated
22Fingerprint Identification System (AIFIS) for identification.
23    (e) In the court's order to allow testing, the court shall
24order the investigating authority to prepare an inventory of
25the evidence related to the case and issue a copy of the
26inventory to the prosecution, the petitioner, and the court.

 

 

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1    (f) When a motion is filed to vacate based on favorable
2post-conviction testing results, the State may, upon request,
3reactivate victim services for the victim of the crime during
4the pendency of the proceedings, and, as determined by the
5court after consultation with the victim or victim advocate,
6or both, following final adjudication of the case.
7(Source: P.A. 98-948, eff. 8-15-14.)
 
8    (725 ILCS 5/116-4)
9    Sec. 116-4. Preservation of evidence for forensic testing.
10    (a) Before or after the trial in a prosecution for a
11violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50,
1211-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the
13Criminal Code of 1961 or the Criminal Code of 2012 or in a
14prosecution for an offense defined in Article 9 of that Code,
15or in a prosecution for an attempt in violation of Section 8-4
16of that Code of any of the above-enumerated offenses, unless
17otherwise provided herein under subsection (b) or (c), a law
18enforcement agency or an agent acting on behalf of the law
19enforcement agency shall preserve, subject to a continuous
20chain of custody, any physical evidence in their possession or
21control that is reasonably likely to contain forensic
22evidence, including, but not limited to, fingerprints or
23biological material secured in relation to a trial and with
24sufficient documentation to locate that evidence.
25    (b) After a judgment of conviction is entered, the

 

 

SB2037- 2051 -LRB102 17120 WGH 22551 b

1evidence shall either be impounded with the Clerk of the
2Circuit Court or shall be securely retained by a law
3enforcement agency. Retention shall be permanent in cases
4where a sentence of death is imposed. Retention shall be until
5the completion of the sentence, including the period of
6mandatory supervised release for the offense, or January 1,
72006, whichever is later, for any conviction for an offense or
8an attempt of an offense defined in Article 9 of the Criminal
9Code of 1961 or the Criminal Code of 2012 or in Section
1011-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1112-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
12Criminal Code of 2012 or for 7 years following any conviction
13for any other felony for which the defendant's genetic profile
14may be taken by a law enforcement agency and submitted for
15comparison in a forensic DNA database for unsolved offenses.
16    (c) After a judgment of conviction is entered, the law
17enforcement agency required to retain evidence described in
18subsection (a) may petition the court with notice to the
19defendant or, in cases where the defendant has died, his
20estate, his attorney of record, or an attorney appointed for
21that purpose by the court for entry of an order allowing it to
22dispose of evidence if, after a hearing, the court determines
23by a preponderance of the evidence that:
24        (1) it has no significant value for forensic science
25    analysis and should be returned to its rightful owner,
26    destroyed, used for training purposes, or as otherwise

 

 

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1    provided by law; or
2        (2) it has no significant value for forensic science
3    analysis and is of a size, bulk, or physical character not
4    usually retained by the law enforcement agency and cannot
5    practicably be retained by the law enforcement agency; or
6        (3) there no longer exists a reasonable basis to
7    require the preservation of the evidence because of the
8    death of the defendant; however, this paragraph (3) does
9    not apply if a sentence of death was imposed.
10    (d) The court may order the disposition of the evidence if
11the defendant is allowed the opportunity to take reasonable
12measures to remove or preserve portions of the evidence in
13question for future testing.
14    (d-5) Any order allowing the disposition of evidence
15pursuant to subsection (c) or (d) shall be a final and
16appealable order. No evidence shall be disposed of until 30
17days after the order is entered, and if a notice of appeal is
18filed, no evidence shall be disposed of until the mandate has
19been received by the circuit court from the appellate court.
20    (d-10) All records documenting the possession, control,
21storage, and destruction of evidence and all police reports,
22evidence control or inventory records, and other reports cited
23in this Section, including computer records, must be retained
24for as long as the evidence exists and may not be disposed of
25without the approval of the Local Records Commission.
26    (e) In this Section, "law enforcement agency" includes any

 

 

SB2037- 2053 -LRB102 17120 WGH 22551 b

1of the following or an agent acting on behalf of any of the
2following: a municipal police department, county sheriff's
3office, any prosecuting authority, the Illinois Department of
4State Police, or any other State, university, county, federal,
5or municipal police unit or police force.
6    "Biological material" includes, but is not limited to, any
7blood, hair, saliva, or semen from which genetic marker
8groupings may be obtained.
9(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
10    (725 ILCS 5/116-5)
11    Sec. 116-5. Motion for DNA database search (genetic marker
12groupings comparison analysis).
13    (a) Upon motion by a defendant charged with any offense
14where DNA evidence may be material to the defense
15investigation or relevant at trial, a court may order a DNA
16database search by the Illinois Department of State Police.
17Such analysis may include comparing:
18        (1) the genetic profile from forensic evidence that
19    was secured in relation to the trial against the genetic
20    profile of the defendant,
21        (2) the genetic profile of items of forensic evidence
22    secured in relation to trial to the genetic profile of
23    other forensic evidence secured in relation to trial, or
24        (3) the genetic profiles referred to in subdivisions
25    (1) and (2) against:

 

 

SB2037- 2054 -LRB102 17120 WGH 22551 b

1            (i) genetic profiles of offenders maintained under
2        subsection (f) of Section 5-4-3 of the Unified Code of
3        Corrections, or
4            (ii) genetic profiles, including but not limited
5        to, profiles from unsolved crimes maintained in state
6        or local DNA databases by law enforcement agencies.
7    (b) If appropriate federal criteria are met, the court may
8order the Illinois Department of State Police to request the
9National DNA index system to search its database of genetic
10profiles.
11    (c) If requested by the defense, a defense representative
12shall be allowed to view any genetic marker grouping analysis
13conducted by the Illinois Department of State Police. The
14defense shall be provided with copies of all documentation,
15correspondence, including digital correspondence, notes,
16memoranda, and reports generated in relation to the analysis.
17    (d) Reasonable notice of the motion shall be served upon
18the State.
19(Source: P.A. 93-605, eff. 11-19-03.)
 
20    (725 ILCS 5/124B-605)
21    Sec. 124B-605. Distribution of property and sale proceeds.
22    (a) All moneys and the sale proceeds of all other property
23forfeited and seized under this Part 600 shall be distributed
24as follows:
25        (1) 50% shall be distributed to the unit of local

 

 

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1    government whose officers or employees conducted the
2    investigation into computer fraud and caused the arrest or
3    arrests and prosecution leading to the forfeiture. Amounts
4    distributed to units of local government shall be used for
5    training or enforcement purposes relating to detection,
6    investigation, or prosecution of financial crimes,
7    including computer fraud. If, however, the investigation,
8    arrest or arrests, and prosecution leading to the
9    forfeiture were undertaken solely by a State agency, the
10    portion provided under this paragraph (1) shall be paid
11    into the State Police Services Fund of the Illinois
12    Department of State Police to be used for training or
13    enforcement purposes relating to detection, investigation,
14    or prosecution of financial crimes, including computer
15    fraud.
16        (2) 50% shall be distributed to the county in which
17    the prosecution and petition for forfeiture resulting in
18    the forfeiture was instituted by the State's Attorney and
19    shall be deposited into a special fund in the county
20    treasury and appropriated to the State's Attorney for use
21    in training or enforcement purposes relating to detection,
22    investigation, or prosecution of financial crimes,
23    including computer fraud. If a prosecution and petition
24    for forfeiture resulting in the forfeiture has been
25    maintained by the Attorney General, 50% of the proceeds
26    shall be paid into the Attorney General's Financial Crime

 

 

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1    Prevention Fund. If the Attorney General and the State's
2    Attorney have participated jointly in any part of the
3    proceedings, 25% of the proceeds forfeited shall be paid
4    to the county in which the prosecution and petition for
5    forfeiture resulting in the forfeiture occurred, and 25%
6    shall be paid into the Attorney General's Financial Crime
7    Prevention Fund to be used for the purposes stated in this
8    paragraph (2).
9    (b) Before any distribution under subsection (a), the
10Attorney General or State's Attorney shall retain from the
11forfeited moneys or sale proceeds, or both, sufficient moneys
12to cover expenses related to the administration and sale of
13the forfeited property.
14(Source: P.A. 96-712, eff. 1-1-10.)
 
15    (725 ILCS 5/124B-705)
16    Sec. 124B-705. Seizure and inventory of property subject
17to forfeiture. Property taken or detained under this Part
18shall not be subject to replevin, but is deemed to be in the
19custody of the Director of the Illinois State Police subject
20only to the order and judgments of the circuit court having
21jurisdiction over the forfeiture proceedings and the decisions
22of the Attorney General or State's Attorney under this
23Article. When property is seized under this Article, the
24seizing agency shall promptly conduct an inventory of the
25seized property and estimate the property's value and shall

 

 

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1forward a copy of the estimate of the property's value to the
2Director of the Illinois State Police. Upon receiving the
3notice of seizure, the Director may do any of the following:
4        (1) Place the property under seal.
5        (2) Remove the property to a place designated by the
6    Director.
7        (3) Keep the property in the possession of the seizing
8    agency.
9        (4) Remove the property to a storage area for
10    safekeeping or, if the property is a negotiable instrument
11    or money and is not needed for evidentiary purposes,
12    deposit it in an interest bearing account.
13        (5) Place the property under constructive seizure by
14    posting notice of the pending forfeiture on it, by giving
15    notice of the pending forfeiture to its owners and
16    interest holders, or by filing a notice of the pending
17    forfeiture in any appropriate public record relating to
18    the property.
19        (6) Provide for another agency or custodian, including
20    an owner, secured party, or lienholder, to take custody of
21    the property on terms and conditions set by the Director.
22(Source: P.A. 96-712, eff. 1-1-10.)
 
23    (725 ILCS 5/124B-710)
24    Sec. 124B-710. Sale of forfeited property by Director of
25the Illinois State Police.

 

 

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1    (a) The court shall authorize the Director of the Illinois
2State Police to seize any property declared forfeited under
3this Article on terms and conditions the court deems proper.
4    (b) When property is forfeited under this Part 700, the
5Director of the Illinois State Police shall sell the property
6unless the property is required by law to be destroyed or is
7harmful to the public. The Director shall distribute the
8proceeds of the sale, together with any moneys forfeited or
9seized, in accordance with Section 124B-715.
10    (c) (Blank).
11(Source: P.A. 100-512, eff. 7-1-18.)
 
12    (725 ILCS 5/124B-930)
13    Sec. 124B-930. Disposal of property.
14    (a) Real property taken or detained under this Part is not
15subject to replevin, but is deemed to be in the custody of the
16Director of the Illinois State Police subject only to the
17order and judgments of the circuit court having jurisdiction
18over the forfeiture proceedings and the decisions of the
19State's Attorney or Attorney General under this Article.
20    (b) When property is forfeited under this Article, the
21Director of the Illinois State Police shall sell all such
22property and shall distribute the proceeds of the sale,
23together with any moneys forfeited or seized, in accordance
24with Section 124B-935.
25(Source: P.A. 96-712, eff. 1-1-10.)
 

 

 

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1    (725 ILCS 5/124B-935)
2    Sec. 124B-935. Distribution of property and sale proceeds.
3All moneys and the sale proceeds of all other property
4forfeited and seized under this Part 900 shall be distributed
5as follows:
6        (1) 65% shall be distributed to the local, municipal,
7    county, or State law enforcement agency or agencies that
8    conducted or participated in the investigation resulting
9    in the forfeiture. The distribution shall bear a
10    reasonable relationship to the degree of direct
11    participation of the law enforcement agency in the effort
12    resulting in the forfeiture, taking into account the total
13    value of the property forfeited and the total law
14    enforcement effort with respect to the violation of the
15    law upon which the forfeiture is based.
16        (2) 12.5% shall be distributed to the Office of the
17    State's Attorney of the county in which the prosecution
18    resulting in the forfeiture was instituted for use in the
19    enforcement of laws, including laws governing animal
20    fighting.
21        (3) 12.5% shall be distributed to the Illinois
22    Department of Agriculture for reimbursement of expenses
23    incurred in the investigation, prosecution, and appeal of
24    cases arising under laws governing animal fighting.
25        (4) 10% shall be retained by the Illinois Department

 

 

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1    of State Police for expenses related to the administration
2    and sale of seized and forfeited property.
3(Source: P.A. 96-712, eff. 1-1-10.)
 
4    Section 1025. The Drug Asset Forfeiture Procedure Act is
5amended by changing Sections 3.1, 3.3, 4, 5.1, 6, 11, 13.1, and
613.2 as follows:
 
7    (725 ILCS 150/3.1)
8    Sec. 3.1. Seizure.
9    (a) Actual physical seizure of real property subject to
10forfeiture under this Act requires the issuance of a seizure
11warrant. Nothing in this Section prohibits the constructive
12seizure of real property through the filing of a complaint for
13forfeiture in circuit court and the recording of a lis pendens
14against the real property without a hearing, warrant
15application, or judicial approval.
16    (b) Personal property subject to forfeiture under the
17Illinois Controlled Substances Act, the Cannabis Control Act,
18the Illinois Food, Drug and Cosmetic Act, or the
19Methamphetamine Control and Community Protection Act may be
20seized by the Director of the Illinois State Police or any
21peace officer upon process or seizure warrant issued by any
22court having jurisdiction over the property.
23    (c) Personal property subject to forfeiture under the
24Illinois Controlled Substances Act, the Cannabis Control Act,

 

 

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1the Illinois Food, Drug and Cosmetic Act, or the
2Methamphetamine Control and Community Protection Act may be
3seized by the Director of the Illinois State Police or any
4peace officer without process:
5        (1) if the seizure is incident to inspection under an
6    administrative inspection warrant;
7        (2) if the property subject to seizure has been the
8    subject of a prior judgment in favor of the State in a
9    criminal proceeding or in an injunction or forfeiture
10    proceeding based upon this Act;
11        (3) if there is probable cause to believe that the
12    property is directly or indirectly dangerous to health or
13    safety;
14        (4) if there is probable cause to believe that the
15    property is subject to forfeiture under the Illinois
16    Controlled Substances Act, the Cannabis Control Act, the
17    Illinois Food, Drug and Cosmetic Act, or the
18    Methamphetamine Control and Community Protection Act, and
19    the property is seized under circumstances in which a
20    warrantless seizure or arrest would be reasonable; or
21        (5) under the Code of Criminal Procedure of 1963.
22    (d) If a conveyance is seized under this Act, an
23investigation shall be made by the law enforcement agency as
24to any person whose right, title, interest, or lien is of
25record in the office of the agency or official in which title
26to or interest in the conveyance is required by law to be

 

 

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1recorded.
2    (e) After seizure under this Section, notice shall be
3given to all known interest holders that forfeiture
4proceedings, including a preliminary review, may be instituted
5and the proceedings may be instituted under this Act. Upon a
6showing of good cause related to an ongoing investigation, the
7notice required for a preliminary review under this Section
8may be postponed.
9(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
10    (725 ILCS 150/3.3)
11    Sec. 3.3. Safekeeping of seized property pending
12disposition.
13    (a) Property seized under this Act is deemed to be in the
14custody of the Director of the Illinois State Police, subject
15only to the order and judgments of the circuit court having
16jurisdiction over the forfeiture proceedings and the decisions
17of the State's Attorney under this Act.
18    (b) If property is seized under this Act, the seizing
19agency shall promptly conduct an inventory of the seized
20property and estimate the property's value and shall forward a
21copy of the inventory of seized property and the estimate of
22the property's value to the Director of the Illinois State
23Police. Upon receiving notice of seizure, the Director of the
24Illinois State Police may:
25        (1) place the property under seal;

 

 

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1        (2) remove the property to a place designated by the
2    seizing agency;
3        (3) keep the property in the possession of the
4    Director of the Illinois State Police;
5        (4) remove the property to a storage area for
6    safekeeping;
7        (5) place the property under constructive seizure by
8    posting notice of pending forfeiture on it, by giving
9    notice of pending forfeiture to its owners and interest
10    holders, or by filing notice of pending forfeiture in any
11    appropriate public record relating to the property; or
12        (6) provide for another agency or custodian, including
13    an owner, secured party, or lienholder, to take custody of
14    the property upon the terms and conditions set by the
15    seizing agency.
16    (c) The seizing agency is required to exercise ordinary
17care to protect the seized property from negligent loss,
18damage, or destruction.
19(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
20100-1163, eff. 12-20-18.)
 
21    (725 ILCS 150/4)  (from Ch. 56 1/2, par. 1674)
22    Sec. 4. Notice to owner or interest holder. The first
23attempted service of notice shall be commenced within 28 days
24of the filing of the verified claim or the receipt of the
25notice from the seizing agency by Illinois State Police

 

 

SB2037- 2064 -LRB102 17120 WGH 22551 b

1Notice/Inventory of Seized Property (Form 4-64), whichever
2occurs sooner. A complaint for forfeiture or a notice of
3pending forfeiture shall be served upon the property owner or
4interest holder in the following manner:
5        (1) If the owner's or interest holder's name and
6    current address are known, then by either:
7            (A) personal service; or
8            (B) mailing a copy of the notice by certified
9        mail, return receipt requested, and first class mail
10        to that address.
11                (i) If notice is sent by certified mail and no
12            signed return receipt is received by the State's
13            Attorney within 28 days of mailing, and no
14            communication from the owner or interest holder is
15            received by the State's Attorney documenting
16            actual notice by said parties, then the State's
17            Attorney shall, within a reasonable period of
18            time, mail a second copy of the notice by
19            certified mail, return receipt requested, and
20            first class mail to that address.
21                (ii) If no signed return receipt is received
22            by the State's Attorney within 28 days of the
23            second attempt at service by certified mail, and
24            no communication from the owner or interest holder
25            is received by the State's Attorney documenting
26            actual notice by said parties, then the State's

 

 

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1            Attorney shall have 60 days to attempt to serve
2            the notice by personal service, which also
3            includes substitute service by leaving a copy at
4            the usual place of abode, with some person of the
5            family or a person residing there, of the age of 13
6            years or upwards. If, after 3 attempts at service
7            in this manner, no service of the notice is
8            accomplished, then the notice shall be posted in a
9            conspicuous manner at this address and service
10            shall be made by posting.
11                The attempts at service and the posting, if
12            required, shall be documented by the person
13            attempting service and said documentation shall be
14            made part of a return of service returned to the
15            State's Attorney.
16                The State's Attorney may utilize any Sheriff
17            or Deputy Sheriff, any peace officer, a private
18            process server or investigator, or any employee,
19            agent, or investigator of the State's Attorney's
20            Office to attempt service without seeking leave of
21            court.
22                After the procedures set forth are followed,
23            service shall be effective on an owner or interest
24            holder on the date of receipt by the State's
25            Attorney of a return receipt, or on the date of
26            receipt of a communication from an owner or

 

 

SB2037- 2066 -LRB102 17120 WGH 22551 b

1            interest holder documenting actual notice,
2            whichever is first in time, or on the date of the
3            last act performed by the State's Attorney in
4            attempting personal service under subparagraph
5            (ii) above. If notice is to be shown by actual
6            notice from communication with a claimant, then
7            the State's Attorney shall file an affidavit
8            providing details of the communication, which may
9            be accepted as sufficient proof of service by the
10            court.
11                After a claimant files a verified claim with
12            the State's Attorney and provides an address at
13            which the claimant will accept service, the
14            complaint shall be served and notice shall be
15            perfected upon mailing of the complaint to the
16            claimant at the address the claimant provided via
17            certified mail, return receipt requested, and
18            first class mail. No return receipt need be
19            received, or any other attempts at service need be
20            made to comply with service and notice
21            requirements under this Act. This certified
22            mailing, return receipt requested, shall be proof
23            of service of the complaint on the claimant.
24                For purposes of notice under this Section, if
25            a person has been arrested for the conduct giving
26            rise to the forfeiture, then the address provided

 

 

SB2037- 2067 -LRB102 17120 WGH 22551 b

1            to the arresting agency at the time of arrest
2            shall be deemed to be that person's known address.
3            Provided, however, if an owner or interest
4            holder's address changes prior to the effective
5            date of the notice of pending forfeiture, the
6            owner or interest holder shall promptly notify the
7            seizing agency of the change in address or, if the
8            owner or interest holder's address changes
9            subsequent to the effective date of the notice of
10            pending forfeiture, the owner or interest holder
11            shall promptly notify the State's Attorney of the
12            change in address; or if the property seized is a
13            conveyance, to the address reflected in the office
14            of the agency or official in which title to or
15            interest in the conveyance is required by law to
16            be recorded.
17        (2) If the owner's or interest holder's address is not
18    known, and is not on record, then notice shall be served by
19    publication for 3 successive weeks in a newspaper of
20    general circulation in the county in which the seizure
21    occurred.
22        (3) After a claimant files a verified claim with the
23    State's Attorney and provides an address at which the
24    claimant will accept service, the complaint shall be
25    served and notice shall be perfected upon mailing of the
26    complaint to the claimant at the address the claimant

 

 

SB2037- 2068 -LRB102 17120 WGH 22551 b

1    provided via certified mail, return receipt requested, and
2    first class mail. No return receipt need be received or
3    any other attempts at service need be made to comply with
4    service and notice requirements under this Act. This
5    certified mailing, return receipt requested, shall be
6    proof of service of the complaint on the claimant.
7        (4) Notice to any business entity, corporation,
8    limited liability company, limited liability partnership,
9    or partnership shall be completed by a single mailing of a
10    copy of the notice by certified mail, return receipt
11    requested, and first class mail to that address. This
12    notice is complete regardless of the return of a signed
13    return receipt.
14        (5) Notice to a person whose address is not within the
15    State shall be completed by a single mailing of a copy of
16    the notice by certified mail, return receipt requested,
17    and first class mail to that address. This notice is
18    complete regardless of the return of a signed return
19    receipt.
20        (6) Notice to a person whose address is not within the
21    United States shall be completed by a single mailing of a
22    copy of the notice by certified mail, return receipt
23    requested, and first class mail to that address. This
24    notice shall be complete regardless of the return of a
25    signed return receipt. If certified mail is not available
26    in the foreign country where the person has an address,

 

 

SB2037- 2069 -LRB102 17120 WGH 22551 b

1    then notice shall proceed by publication under paragraph
2    (2) of this Section.
3        (7) Notice to any person whom the State's Attorney
4    reasonably should know is incarcerated within the State
5    shall also include the mailing a copy of the notice by
6    certified mail, return receipt requested, and first class
7    mail to the address of the detention facility with the
8    inmate's name clearly marked on the envelope.
9(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
10100-1163, eff. 12-20-18.)
 
11    (725 ILCS 150/5.1)
12    Sec. 5.1. Replevin prohibited; return of personal property
13inside seized conveyance.
14    (a) Property seized under this Act shall not be subject to
15replevin, but is deemed to be in the custody of the Director of
16the Illinois State Police, subject only to the order and
17judgments of the circuit court having jurisdiction over the
18forfeiture proceedings and the decisions of the State's
19Attorney.
20    (b) A claimant or a party interested in personal property
21contained within a seized conveyance may file a request with
22the State's Attorney in an administrative forfeiture action,
23or a motion with the court in a judicial forfeiture action, for
24the return of any personal property contained within a
25conveyance seized under this Act. The return of personal

 

 

SB2037- 2070 -LRB102 17120 WGH 22551 b

1property shall not be unreasonably withheld if the personal
2property is not mechanically or electrically coupled to the
3conveyance, needed for evidentiary purposes, or otherwise
4contraband. A law enforcement agency that returns property
5under a court order under this Section shall not be liable to
6any person who claims ownership to the property if the
7property is returned to an improper party.
8(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
9    (725 ILCS 150/6)  (from Ch. 56 1/2, par. 1676)
10    Sec. 6. Non-judicial forfeiture. If non-real property that
11exceeds $150,000 in value excluding the value of any
12conveyance, or if real property is seized under the provisions
13of the Illinois Controlled Substances Act, the Cannabis
14Control Act, or the Methamphetamine Control and Community
15Protection Act, the State's Attorney shall institute judicial
16in rem forfeiture proceedings as described in Section 9 of
17this Act within 28 days from receipt of notice of seizure from
18the seizing agency under Section 5 of this Act. However, if
19non-real property that does not exceed $150,000 in value
20excluding the value of any conveyance is seized, the following
21procedure shall be used:
22        (A) If, after review of the facts surrounding the
23    seizure, the State's Attorney is of the opinion that the
24    seized property is subject to forfeiture, then, within 28
25    days of the receipt of notice of seizure from the seizing

 

 

SB2037- 2071 -LRB102 17120 WGH 22551 b

1    agency, the State's Attorney shall cause notice of pending
2    forfeiture to be given to the owner of the property and all
3    known interest holders of the property in accordance with
4    Section 4 of this Act.
5        (B) The notice of pending forfeiture must include a
6    description of the property, the estimated value of the
7    property, the date and place of seizure, the conduct
8    giving rise to forfeiture or the violation of law alleged,
9    and a summary of procedures and procedural rights
10    applicable to the forfeiture action.
11         (C)(1) Any person claiming an interest in property
12    which is the subject of notice under subsection (A) of
13    this Section may, within 45 days after the effective date
14    of notice as described in Section 4 of this Act, file a
15    verified claim with the State's Attorney expressing his or
16    her interest in the property. The claim must set forth:
17            (i) the caption of the proceedings as set forth on
18        the notice of pending forfeiture and the name of the
19        claimant;
20            (ii) the address at which the claimant will accept
21        mail;
22            (iii) the nature and extent of the claimant's
23        interest in the property;
24            (iv) the date, identity of the transferor, and
25        circumstances of the claimant's acquisition of the
26        interest in the property;

 

 

SB2037- 2072 -LRB102 17120 WGH 22551 b

1            (v) the names and addresses of all other persons
2        known to have an interest in the property;
3            (vi) the specific provision of law relied on in
4        asserting the property is not subject to forfeiture;
5            (vii) all essential facts supporting each
6        assertion; and
7            (viii) the relief sought.
8        (2) If a claimant files the claim then the State's
9    Attorney shall institute judicial in rem forfeiture
10    proceedings within 28 days after receipt of the claim.
11        (D) If no claim is filed within the 45-day period as
12    described in subsection (C) of this Section, the State's
13    Attorney shall declare the property forfeited and shall
14    promptly notify the owner and all known interest holders
15    of the property and the Director of the Illinois
16    Department of State Police of the declaration of
17    forfeiture and the Director shall dispose of the property
18    in accordance with law.
19(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
20100-1163, eff. 12-20-18.)
 
21    (725 ILCS 150/11)  (from Ch. 56 1/2, par. 1681)
22    Sec. 11. Settlement of claims. Notwithstanding other
23provisions of this Act, the State's Attorney and a claimant of
24seized property may enter into an agreed-upon settlement
25concerning the seized property in such an amount and upon such

 

 

SB2037- 2073 -LRB102 17120 WGH 22551 b

1terms as are set out in writing in a settlement agreement. All
2proceeds from a settlement agreement shall be tendered to the
3Illinois Department of State Police and distributed in
4accordance with the provisions of Section 13.2 of this Act.
5(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
6    (725 ILCS 150/13.1)   (was 725 ILCS 150/15)
7    Sec. 13.1. Return of property, damages, and costs.
8    (a) The law enforcement agency that holds custody of
9property seized for forfeiture shall deliver property ordered
10by the court to be returned or conveyed to the claimant within
11a reasonable time not to exceed 7 days, unless the order is
12stayed by the trial court or a reviewing court pending an
13appeal, motion to reconsider, or other reason.
14    (b) The law enforcement agency that holds custody of
15property described in subsection (a) of this Section is
16responsible for any damages, storage fees, and related costs
17applicable to property returned. The claimant shall not be
18subject to any charges by the State for storage of the property
19or expenses incurred in the preservation of the property.
20Charges for the towing of a conveyance shall be borne by the
21claimant unless the conveyance was towed for the sole reason
22of seizure for forfeiture. This Section does not prohibit the
23imposition of any fees or costs by a home rule unit of local
24government related to the impoundment of a conveyance pursuant
25to an ordinance enacted by the unit of government.

 

 

SB2037- 2074 -LRB102 17120 WGH 22551 b

1    (c) A law enforcement agency shall not retain forfeited
2property for its own use or transfer the property to any person
3or entity, except as provided under this Section. A law
4enforcement agency may apply in writing to the Director of the
5Illinois State Police to request that forfeited property be
6awarded to the agency for a specifically articulated official
7law enforcement use in an investigation. The Director of the
8Illinois State Police shall provide a written justification in
9each instance detailing the reasons why the forfeited property
10was placed into official use and the justification shall be
11retained for a period of not less than 3 years.
12(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
13    (725 ILCS 150/13.2)  (was 725 ILCS 150/17)
14    Sec. 13.2. Distribution of proceeds; selling or retaining
15seized property prohibited.
16    (a) Except as otherwise provided in this Section, the
17court shall order that property forfeited under this Act be
18delivered to the Illinois Department of State Police within 60
19days.
20    (b) All moneys and the sale proceeds of all other property
21forfeited and seized under this Act shall be distributed as
22follows:
23        (1)(i) 65% shall be distributed to the metropolitan
24    enforcement group, local, municipal, county, or State law
25    enforcement agency or agencies that conducted or

 

 

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1    participated in the investigation resulting in the
2    forfeiture. The distribution shall bear a reasonable
3    relationship to the degree of direct participation of the
4    law enforcement agency in the effort resulting in the
5    forfeiture, taking into account the total value of the
6    property forfeited and the total law enforcement effort
7    with respect to the violation of the law upon which the
8    forfeiture is based. Amounts distributed to the agency or
9    agencies shall be used for the enforcement of laws
10    governing cannabis and controlled substances; for public
11    education in the community or schools in the prevention or
12    detection of the abuse of drugs or alcohol; or for
13    security cameras used for the prevention or detection of
14    violence, except that amounts distributed to the Secretary
15    of State shall be deposited into the Secretary of State
16    Evidence Fund to be used as provided in Section 2-115 of
17    the Illinois Vehicle Code.
18        (ii) Any local, municipal, or county law enforcement
19    agency entitled to receive a monetary distribution of
20    forfeiture proceeds may share those forfeiture proceeds
21    pursuant to the terms of an intergovernmental agreement
22    with a municipality that has a population in excess of
23    20,000 if:
24            (A) the receiving agency has entered into an
25        intergovernmental agreement with the municipality to
26        provide police services;

 

 

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1            (B) the intergovernmental agreement for police
2        services provides for consideration in an amount of
3        not less than $1,000,000 per year;
4            (C) the seizure took place within the geographical
5        limits of the municipality; and
6            (D) the funds are used only for the enforcement of
7        laws governing cannabis and controlled substances; for
8        public education in the community or schools in the
9        prevention or detection of the abuse of drugs or
10        alcohol; or for security cameras used for the
11        prevention or detection of violence or the
12        establishment of a municipal police force, including
13        the training of officers, construction of a police
14        station, or the purchase of law enforcement equipment
15        or vehicles.
16        (2)(i) 12.5% shall be distributed to the Office of the
17    State's Attorney of the county in which the prosecution
18    resulting in the forfeiture was instituted, deposited in a
19    special fund in the county treasury and appropriated to
20    the State's Attorney for use in the enforcement of laws
21    governing cannabis and controlled substances; for public
22    education in the community or schools in the prevention or
23    detection of the abuse of drugs or alcohol; or, at the
24    discretion of the State's Attorney, in addition to other
25    authorized purposes, to make grants to local substance
26    abuse treatment facilities and half-way houses. In

 

 

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1    counties over 3,000,000 population, 25% shall be
2    distributed to the Office of the State's Attorney for use
3    in the enforcement of laws governing cannabis and
4    controlled substances; for public education in the
5    community or schools in the prevention or detection of the
6    abuse of drugs or alcohol; or at the discretion of the
7    State's Attorney, in addition to other authorized
8    purposes, to make grants to local substance abuse
9    treatment facilities and half-way houses. If the
10    prosecution is undertaken solely by the Attorney General,
11    the portion provided shall be distributed to the Attorney
12    General for use in the enforcement of laws governing
13    cannabis and controlled substances or for public education
14    in the community or schools in the prevention or detection
15    of the abuse of drugs or alcohol.
16        (ii) 12.5% shall be distributed to the Office of the
17    State's Attorneys Appellate Prosecutor and deposited in
18    the Narcotics Profit Forfeiture Fund of that office to be
19    used for additional expenses incurred in the
20    investigation, prosecution and appeal of cases arising
21    under laws governing cannabis and controlled substances,
22    together with administrative expenses, and for legal
23    education or for public education in the community or
24    schools in the prevention or detection of the abuse of
25    drugs or alcohol. The Office of the State's Attorneys
26    Appellate Prosecutor shall not receive distribution from

 

 

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1    cases brought in counties with over 3,000,000 population.
2        (3) 10% shall be retained by the Illinois Department
3    of State Police for expenses related to the administration
4    and sale of seized and forfeited property.
5(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
6101-10, eff. 6-5-19.)
 
7    Section 1030. The Narcotics Profit Forfeiture Act is
8amended by changing Sections 5 and 5.2 as follows:
 
9    (725 ILCS 175/5)  (from Ch. 56 1/2, par. 1655)
10    Sec. 5. (a) A person who commits the offense of narcotics
11racketeering shall:
12        (1) be guilty of a Class 1 felony; and
13        (2) be subject to a fine of up to $250,000.
14    A person who commits the offense of narcotics racketeering
15or who violates Section 3 of the Drug Paraphernalia Control
16Act shall forfeit to the State of Illinois: (A) any profits or
17proceeds and any property or property interest he has acquired
18or maintained in violation of this Act or Section 3 of the Drug
19Paraphernalia Control Act or has used to facilitate a
20violation of this Act that the court determines, after a
21forfeiture hearing, under subsection (b) of this Section to
22have been acquired or maintained as a result of narcotics
23racketeering or violating Section 3 of the Drug Paraphernalia
24Control Act, or used to facilitate narcotics racketeering; and

 

 

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1(B) any interest in, security of, claim against, or property
2or contractual right of any kind affording a source of
3influence over, any enterprise which he has established,
4operated, controlled, conducted, or participated in the
5conduct of, in violation of this Act or Section 3 of the Drug
6Paraphernalia Control Act, that the court determines, after a
7forfeiture hearing, under subsection (b) of this Section to
8have been acquired or maintained as a result of narcotics
9racketeering or violating Section 3 of the Drug Paraphernalia
10Control Act or used to facilitate narcotics racketeering.
11    (b) The court shall, upon petition by the Attorney General
12or State's Attorney, at any time subsequent to the filing of an
13information or return of an indictment, conduct a hearing to
14determine whether any property or property interest is subject
15to forfeiture under this Act. At the forfeiture hearing the
16people shall have the burden of establishing, by a
17preponderance of the evidence, that property or property
18interests are subject to forfeiture under this Act. There is a
19rebuttable presumption at such hearing that any property or
20property interest of a person charged by information or
21indictment with narcotics racketeering or who is convicted of
22a violation of Section 3 of the Drug Paraphernalia Control Act
23is subject to forfeiture under this Section if the State
24establishes by a preponderance of the evidence that:
25        (1) such property or property interest was acquired by
26    such person during the period of the violation of this Act

 

 

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1    or Section 3 of the Drug Paraphernalia Control Act or
2    within a reasonable time after such period; and
3        (2) there was no likely source for such property or
4    property interest other than the violation of this Act or
5    Section 3 of the Drug Paraphernalia Control Act.
6    (c) In an action brought by the People of the State of
7Illinois under this Act, wherein any restraining order,
8injunction or prohibition or any other action in connection
9with any property or property interest subject to forfeiture
10under this Act is sought, the circuit court which shall
11preside over the trial of the person or persons charged with
12narcotics racketeering as defined in Section 4 of this Act or
13violating Section 3 of the Drug Paraphernalia Control Act
14shall first determine whether there is probable cause to
15believe that the person or persons so charged has committed
16the offense of narcotics racketeering as defined in Section 4
17of this Act or a violation of Section 3 of the Drug
18Paraphernalia Control Act and whether the property or property
19interest is subject to forfeiture pursuant to this Act.
20    In order to make such a determination, prior to entering
21any such order, the court shall conduct a hearing without a
22jury, wherein the People shall establish that there is: (i)
23probable cause that the person or persons so charged have
24committed the offense of narcotics racketeering or violating
25Section 3 of the Drug Paraphernalia Control Act and (ii)
26probable cause that any property or property interest may be

 

 

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1subject to forfeiture pursuant to this Act. Such hearing may
2be conducted simultaneously with a preliminary hearing, if the
3prosecution is commenced by information or complaint, or by
4motion of the People, at any stage in the proceedings. The
5court may accept a finding of probable cause at a preliminary
6hearing following the filing of an information charging the
7offense of narcotics racketeering as defined in Section 4 of
8this Act or the return of an indictment by a grand jury
9charging the offense of narcotics racketeering as defined in
10Section 4 of this Act or after a charge is filed for violating
11Section 3 of the Drug Paraphernalia Control Act as sufficient
12evidence of probable cause as provided in item (i) above.
13    Upon such a finding, the circuit court shall enter such
14restraining order, injunction or prohibition, or shall take
15such other action in connection with any such property or
16property interest subject to forfeiture under this Act, as is
17necessary to insure that such property is not removed from the
18jurisdiction of the court, concealed, destroyed or otherwise
19disposed of by the owner of that property or property interest
20prior to a forfeiture hearing under subsection (b) of this
21Section. The Attorney General or State's Attorney shall file a
22certified copy of such restraining order, injunction or other
23prohibition with the recorder of deeds or registrar of titles
24of each county where any such property of the defendant may be
25located. No such injunction, restraining order or other
26prohibition shall affect the rights of any bona fide

 

 

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1purchaser, mortgagee, judgment creditor or other lien holder
2arising prior to the date of such filing.
3    The court may, at any time, upon verified petition by the
4defendant, conduct a hearing to release all or portions of any
5such property or interest which the court previously
6determined to be subject to forfeiture or subject to any
7restraining order, injunction, or prohibition or other action.
8The court may release such property to the defendant for good
9cause shown and within the sound discretion of the court.
10    (d) Prosecution under this Act may be commenced by the
11Attorney General or a State's Attorney.
12    (e) Upon an order of forfeiture being entered pursuant to
13subsection (b) of this Section, the court shall authorize the
14Attorney General to seize any property or property interest
15declared forfeited under this Act and under such terms and
16conditions as the court shall deem proper. Any property or
17property interest that has been the subject of an entered
18restraining order, injunction or prohibition or any other
19action filed under subsection (c) shall be forfeited unless
20the claimant can show by a preponderance of the evidence that
21the property or property interest has not been acquired or
22maintained as a result of narcotics racketeering or has not
23been used to facilitate narcotics racketeering.
24    (f) The Attorney General or his designee is authorized to
25sell all property forfeited and seized pursuant to this Act,
26unless such property is required by law to be destroyed or is

 

 

SB2037- 2083 -LRB102 17120 WGH 22551 b

1harmful to the public, and, after the deduction of all
2requisite expenses of administration and sale, shall
3distribute the proceeds of such sale, along with any moneys
4forfeited or seized, in accordance with subsection (g) or (h),
5whichever is applicable.
6    (g) All monies and the sale proceeds of all other property
7forfeited and seized pursuant to this Act shall be distributed
8as follows:
9        (1) An amount equal to 50% shall be distributed to the
10    unit of local government whose officers or employees
11    conducted the investigation into narcotics racketeering
12    and caused the arrest or arrests and prosecution leading
13    to the forfeiture. Amounts distributed to units of local
14    government shall be used for enforcement of laws governing
15    narcotics activity or for public education in the
16    community or schools in the prevention or detection of the
17    abuse of drugs or alcohol. In the event, however, that the
18    investigation, arrest or arrests and prosecution leading
19    to the forfeiture were undertaken solely by a State
20    agency, the portion provided hereunder shall be paid into
21    the Drug Traffic Prevention Fund in the State treasury to
22    be used for enforcement of laws governing narcotics
23    activity.
24        (2) An amount equal to 12.5% shall be distributed to
25    the county in which the prosecution resulting in the
26    forfeiture was instituted, deposited in a special fund in

 

 

SB2037- 2084 -LRB102 17120 WGH 22551 b

1    the county treasury and appropriated to the State's
2    Attorney for use in the enforcement of laws governing
3    narcotics activity or for public education in the
4    community or schools in the prevention or detection of the
5    abuse of drugs or alcohol.
6        An amount equal to 12.5% shall be distributed to the
7    Office of the State's Attorneys Appellate Prosecutor and
8    deposited in the Narcotics Profit Forfeiture Fund, which
9    is hereby created in the State treasury, to be used by the
10    Office of the State's Attorneys Appellate Prosecutor for
11    additional expenses incurred in prosecuting appeals
12    arising under this Act. Any amounts remaining in the Fund
13    after all additional expenses have been paid shall be used
14    by the Office to reduce the participating county
15    contributions to the Office on a pro-rated basis as
16    determined by the board of governors of the Office of the
17    State's Attorneys Appellate Prosecutor based on the
18    populations of the participating counties.
19        (3) An amount equal to 25% shall be paid into the Drug
20    Traffic Prevention Fund in the State treasury to be used
21    by the Illinois Department of State Police for funding
22    Metropolitan Enforcement Groups created pursuant to the
23    Intergovernmental Drug Laws Enforcement Act. Any amounts
24    remaining in the Fund after full funding of Metropolitan
25    Enforcement Groups shall be used for enforcement, by the
26    State or any unit of local government, of laws governing

 

 

SB2037- 2085 -LRB102 17120 WGH 22551 b

1    narcotics activity or for public education in the
2    community or schools in the prevention or detection of the
3    abuse of drugs or alcohol.
4    (h) Where the investigation or indictment for the offense
5of narcotics racketeering or a violation of Section 3 of the
6Drug Paraphernalia Control Act has occurred under the
7provisions of the Statewide Grand Jury Act, all monies and the
8sale proceeds of all other property shall be distributed as
9follows:
10        (1) 60% shall be distributed to the metropolitan
11    enforcement group, local, municipal, county, or State law
12    enforcement agency or agencies which conducted or
13    participated in the investigation resulting in the
14    forfeiture. The distribution shall bear a reasonable
15    relationship to the degree of direct participation of the
16    law enforcement agency in the effort resulting in the
17    forfeiture, taking into account the total value of the
18    property forfeited and the total law enforcement effort
19    with respect to the violation of the law on which the
20    forfeiture is based. Amounts distributed to the agency or
21    agencies shall be used for the enforcement of laws
22    governing cannabis and controlled substances or for public
23    education in the community or schools in the prevention or
24    detection of the abuse of drugs or alcohol.
25        (2) 25% shall be distributed by the Attorney General
26    as grants to drug education, treatment and prevention

 

 

SB2037- 2086 -LRB102 17120 WGH 22551 b

1    programs licensed or approved by the Department of Human
2    Services. In making these grants, the Attorney General
3    shall take into account the plans and service priorities
4    of, and the needs identified by, the Department of Human
5    Services.
6        (3) 15% shall be distributed to the Attorney General
7    and the State's Attorney, if any, participating in the
8    prosecution resulting in the forfeiture. The distribution
9    shall bear a reasonable relationship to the degree of
10    direct participation in the prosecution of the offense,
11    taking into account the total value of the property
12    forfeited and the total amount of time spent in preparing
13    and presenting the case, the complexity of the case and
14    other similar factors. Amounts distributed to the Attorney
15    General under this paragraph shall be retained in a fund
16    held by the State Treasurer as ex-officio custodian to be
17    designated as the Statewide Grand Jury Prosecution Fund
18    and paid out upon the direction of the Attorney General
19    for expenses incurred in criminal prosecutions arising
20    under the Statewide Grand Jury Act. Amounts distributed to
21    a State's Attorney shall be deposited in a special fund in
22    the county treasury and appropriated to the State's
23    Attorney for use in the enforcement of laws governing
24    narcotics activity or for public education in the
25    community or schools in the prevention or detection of the
26    abuse of drugs or alcohol.

 

 

SB2037- 2087 -LRB102 17120 WGH 22551 b

1    (i) All monies deposited pursuant to this Act in the Drug
2Traffic Prevention Fund established under Section 5-9-1.2 of
3the Unified Code of Corrections are appropriated, on a
4continuing basis, to the Illinois Department of State Police
5to be used for funding Metropolitan Enforcement Groups created
6pursuant to the Intergovernmental Drug Laws Enforcement Act or
7otherwise for the enforcement of laws governing narcotics
8activity or for public education in the community or schools
9in the prevention or detection of the abuse of drugs or
10alcohol.
11(Source: P.A. 99-686, eff. 7-29-16.)
 
12    (725 ILCS 175/5.2)  (from Ch. 56 1/2, par. 1655.2)
13    Sec. 5.2. (a) Twelve and one-half percent of all amounts
14collected as fines pursuant to the provisions of this Act
15shall be paid into the Youth Drug Abuse Prevention Fund, which
16is hereby created in the State treasury, to be used by the
17Department of Human Services for the funding of programs and
18services for drug-abuse treatment, and prevention and
19education services, for juveniles.
20    (b) Eighty-seven and one-half percent of the proceeds of
21all fines received under the provisions of this Act shall be
22transmitted to and deposited in the treasurer's office at the
23level of government as follows:
24        (1) If such seizure was made by a combination of law
25    enforcement personnel representing differing units of

 

 

SB2037- 2088 -LRB102 17120 WGH 22551 b

1    local government, the court levying the fine shall
2    equitably allocate 50% of the fine among these units of
3    local government and shall allocate 37 1/2% to the county
4    general corporate fund. In the event that the seizure was
5    made by law enforcement personnel representing a unit of
6    local government from a municipality where the number of
7    inhabitants exceeds 2 million in population, the court
8    levying the fine shall allocate 87 1/2% of the fine to that
9    unit of local government. If the seizure was made by a
10    combination of law enforcement personnel representing
11    differing units of local government, and at least one of
12    those units represents a municipality where the number of
13    inhabitants exceeds 2 million in population, the court
14    shall equitably allocate 87 1/2% of the proceeds of the
15    fines received among the differing units of local
16    government.
17        (2) If such seizure was made by State law enforcement
18    personnel, then the court shall allocate 37 1/2% to the
19    State treasury and 50% to the county general corporate
20    fund.
21        (3) If a State law enforcement agency in combination
22    with a law enforcement agency or agencies of a unit or
23    units of local government conducted the seizure, the court
24    shall equitably allocate 37 1/2% of the fines to or among
25    the law enforcement agency or agencies of the unit or
26    units of local government which conducted the seizure and

 

 

SB2037- 2089 -LRB102 17120 WGH 22551 b

1    shall allocate 50% to the county general corporate fund.
2    (c) The proceeds of all fines allocated to the law
3enforcement agency or agencies of the unit or units of local
4government pursuant to subsection (b) shall be made available
5to that law enforcement agency as expendable receipts for use
6in the enforcement of laws regulating controlled substances
7and cannabis. The proceeds of fines awarded to the State
8treasury shall be deposited in a special fund known as the Drug
9Traffic Prevention Fund. Monies from this fund may be used by
10the Illinois Department of State Police for use in the
11enforcement of laws regulating controlled substances and
12cannabis; to satisfy funding provisions of the
13Intergovernmental Drug Laws Enforcement Act; to defray costs
14and expenses associated with returning violators of the
15Cannabis Control Act and the Illinois Controlled Substances
16Act only, as provided in those Acts, when punishment of the
17crime shall be confinement of the criminal in the
18penitentiary; and all other monies shall be paid into the
19general revenue fund in the State treasury.
20(Source: P.A. 89-507, eff. 7-1-97.)
 
21    Section 1035. The Sexual Assault Evidence Submission Act
22is amended by changing Sections 5, 10, 15, 20, 25, 35, 42, 45,
23and 50 as follows:
 
24    (725 ILCS 202/5)

 

 

SB2037- 2090 -LRB102 17120 WGH 22551 b

1    Sec. 5. Definitions. In this Act:
2    "Commission" means the Sexual Assault Evidence Tracking
3and Reporting Commission.
4    "Department" means the Department of State Police or
5Illinois State Police.
6    "Law enforcement agencies" means local, county, State or
7federal law enforcement agencies involved in the investigation
8of sexual assault cases in Illinois.
9    "Sexual assault evidence" means evidence collected in
10connection with a sexual assault investigation, including, but
11not limited to, evidence collected using the Illinois State
12Police Evidence Collection Kits.
13(Source: P.A. 100-336, eff. 8-25-17.)
 
14    (725 ILCS 202/10)
15    Sec. 10. Submission of evidence. Law enforcement agencies
16that receive sexual assault evidence that the victim of a
17sexual assault or sexual abuse or a person authorized under
18Section 6.5 of the Sexual Assault Survivors Emergency
19Treatment Act has consented to allow law enforcement to test
20in connection with the investigation of a criminal case on or
21after the effective date of this Act must submit evidence from
22the case within 10 business days of receipt of the consent to
23test to an Illinois a Department of State Police forensic
24laboratory or a laboratory approved and designated by the
25Director of the Illinois State Police. The written report

 

 

SB2037- 2091 -LRB102 17120 WGH 22551 b

1required under Section 20 of the Sexual Assault Incident
2Procedure Act shall include the date and time the sexual
3assault evidence was picked up from the hospital, the date
4consent to test the sexual assault evidence was given, and the
5date and time the sexual assault evidence was sent to the
6laboratory. Sexual assault evidence received by a law
7enforcement agency within 30 days prior to the effective date
8of this Act shall be submitted pursuant to this Section.
9(Source: P.A. 99-801, eff. 1-1-17.)
 
10    (725 ILCS 202/15)
11    Sec. 15. Analysis of evidence; notification.
12    (a) All sexual assault evidence submitted pursuant to
13Section 10 of this Act on or after the effective date of this
14Act shall be analyzed within 6 months after receipt of all
15necessary evidence and standards by the Illinois State Police
16Laboratory or other designated laboratory if sufficient
17staffing and resources are available.
18    (b) If a consistent DNA profile has been identified by
19comparing the submitted sexual assault evidence with a known
20standard from a suspect or with DNA profiles in the CODIS
21database, the Illinois State Police Department shall notify
22the investigating law enforcement agency of the results in
23writing, and the Illinois State Police Department shall
24provide an automatic courtesy copy of the written notification
25to the appropriate State's Attorney's Office for tracking and

 

 

SB2037- 2092 -LRB102 17120 WGH 22551 b

1further action, as necessary.
2(Source: P.A. 99-617, eff. 7-22-16.)
 
3    (725 ILCS 202/20)
4    Sec. 20. Inventory of evidence.
5    (a) By October 15, 2010, each Illinois law enforcement
6agency shall provide written notice to the Illinois Department
7of State Police, in a form and manner prescribed by the
8Illinois State Police Department, stating the number of sexual
9assault cases in the custody of the law enforcement agency
10that have not been previously submitted to a laboratory for
11analysis. Within 180 days after the effective date of this
12Act, appropriate arrangements shall be made between the law
13enforcement agency and the Illinois Department of State
14Police, or a laboratory approved and designated by the
15Director of the Illinois State Police, to ensure that all
16cases that were collected prior to the effective date of this
17Act and are, or were at the time of collection, the subject of
18a criminal investigation, are submitted to the Illinois
19Department of State Police, or a laboratory approved and
20designated by the Director of the Illinois State Police.
21    (b) By February 15, 2011, the Illinois Department of State
22Police shall submit to the Governor, the Attorney General, and
23both houses of the General Assembly a plan for analyzing cases
24submitted pursuant to this Section. The plan shall include but
25not be limited to a timeline for completion of analysis and a

 

 

SB2037- 2093 -LRB102 17120 WGH 22551 b

1summary of the inventory received, as well as requests for
2funding and resources necessary to meet the established
3timeline. Should the Illinois State Police Department
4determine it is necessary to outsource the forensic testing of
5the cases submitted in accordance with this Section, all such
6cases will be exempt from the provisions of subsection (n) of
7Section 5-4-3 of the Unified Code of Corrections.
8    (c) Beginning June 1, 2016 or on and after the effective
9date of this amendatory Act of the 99th General Assembly,
10whichever is later, each law enforcement agency must conduct
11an annual inventory of all sexual assault cases in the custody
12of the law enforcement agency and provide written notice of
13its annual findings to the State's Attorney's Office having
14jurisdiction to ensure sexual assault cases are being
15submitted as provided by law.
16(Source: P.A. 99-617, eff. 7-22-16.)
 
17    (725 ILCS 202/25)
18    Sec. 25. Failure of a law enforcement agency to submit the
19sexual assault evidence. The failure of a law enforcement
20agency to submit the sexual assault evidence collected on or
21after the effective date of this Act within 10 business days
22after receipt shall in no way alter the authority of the law
23enforcement agency to submit the evidence or the authority of
24the Illinois Department of State Police forensic laboratory or
25designated laboratory to accept and analyze the evidence or

 

 

SB2037- 2094 -LRB102 17120 WGH 22551 b

1specimen or to maintain or upload the results of genetic
2marker grouping analysis information into a local, State, or
3national database in accordance with established protocol.
4(Source: P.A. 96-1011, eff. 9-1-10.)
 
5    (725 ILCS 202/35)
6    Sec. 35. Expungement. If the Illinois State Police
7Department receives written confirmation from the
8investigating law enforcement agency or State's Attorney's
9office that a DNA record that has been uploaded pursuant to
10this Act into a local, State or national DNA database was not
11connected to a criminal investigation, the DNA record shall be
12expunged from the DNA database and the Illinois State Police
13Department shall, by rule, prescribe procedures to ensure that
14written confirmation is sent to the submitting law enforcement
15agency verifying the expungement.
16(Source: P.A. 96-1011, eff. 9-1-10.)
 
17    (725 ILCS 202/42)
18    Sec. 42. Reporting. Beginning January 1, 2017 and each
19year thereafter, the Illinois State Police Department shall
20publish a quarterly report on its website, indicating a
21breakdown of the number of sexual assault case submissions
22from every law enforcement agency.
23(Source: P.A. 99-617, eff. 7-22-16.)
 

 

 

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1    (725 ILCS 202/45)
2    Sec. 45. Rules. The Illinois Department of State Police
3shall promulgate rules that prescribe the procedures for the
4operation of this Act, including expunging a DNA record.
5(Source: P.A. 96-1011, eff. 9-1-10.)
 
6    (725 ILCS 202/50)
7    Sec. 50. Sexual assault evidence tracking system.
8    (a) On June 26, 2018, the Sexual Assault Evidence Tracking
9and Reporting Commission issued its report as required under
10Section 43. It is the intention of the General Assembly in
11enacting the provisions of this amendatory Act of the 101st
12General Assembly to implement the recommendations of the
13Sexual Assault Evidence Tracking and Reporting Commission set
14forth in that report in a manner that utilizes the current
15resources of law enforcement agencies whenever possible and
16that is adaptable to changing technologies and circumstances.
17    (a-1) Due to the complex nature of a statewide tracking
18system for sexual assault evidence and to ensure all
19stakeholders, including, but not limited to, victims and their
20designees, health care facilities, law enforcement agencies,
21forensic labs, and State's Attorneys offices are integrated,
22the Commission recommended the purchase of an electronic
23off-the-shelf tracking system. The system must be able to
24communicate with all stakeholders and provide real-time
25information to a victim or his or her designee on the status of

 

 

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1the evidence that was collected. The sexual assault evidence
2tracking system must:
3        (1) be electronic and web-based;
4        (2) be administered by the Illinois Department of
5    State Police;
6        (3) have help desk availability at all times;
7        (4) ensure the law enforcement agency contact
8    information is accessible to the victim or his or her
9    designee through the tracking system, so there is contact
10    information for questions;
11        (5) have the option for external connectivity to
12    evidence management systems, laboratory information
13    management systems, or other electronic data systems
14    already in existence by any of the stakeholders to
15    minimize additional burdens or tasks on stakeholders;
16        (6) allow for the victim to opt in for automatic
17    notifications when status updates are entered in the
18    system, if the system allows;
19        (7) include at each step in the process, a brief
20    explanation of the general purpose of that step and a
21    general indication of how long the step may take to
22    complete;
23        (8) contain minimum fields for tracking and reporting,
24    as follows:
25            (A) for sexual assault evidence kit vendor fields:
26                (i) each sexual evidence kit identification

 

 

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1            number provided to each health care facility; and
2                (ii) the date the sexual evidence kit was sent
3            to the health care facility.
4            (B) for health care facility fields:
5                (i) the date sexual assault evidence was
6            collected; and
7                (ii) the date notification was made to the law
8            enforcement agency that the sexual assault
9            evidence was collected.
10            (C) for law enforcement agency fields:
11                (i) the date the law enforcement agency took
12            possession of the sexual assault evidence from the
13            health care facility, another law enforcement
14            agency, or victim if he or she did not go through a
15            health care facility;
16                (ii) the law enforcement agency complaint
17            number;
18                (iii) if the law enforcement agency that takes
19            possession of the sexual assault evidence from a
20            health care facility is not the law enforcement
21            agency with jurisdiction in which the offense
22            occurred, the date when the law enforcement agency
23            notified the law enforcement agency having
24            jurisdiction that the agency has sexual assault
25            evidence required under subsection (c) of Section
26            20 of the Sexual Assault Incident Procedure Act;

 

 

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1                (iv) an indication if the victim consented for
2            analysis of the sexual assault evidence;
3                (v) if the victim did not consent for analysis
4            of the sexual assault evidence, the date on which
5            the law enforcement agency is no longer required
6            to store the sexual assault evidence;
7                (vi) a mechanism for the law enforcement
8            agency to document why the sexual assault evidence
9            was not submitted to the laboratory for analysis,
10            if applicable;
11                (vii) the date the law enforcement agency
12            received the sexual assault evidence results back
13            from the laboratory;
14                (viii) the date statutory notifications were
15            made to the victim or documentation of why
16            notification was not made; and
17                (ix) the date the law enforcement agency
18            turned over the case information to the State's
19            Attorney office, if applicable.
20            (D) for forensic lab fields:
21                (i) the date the sexual assault evidence is
22            received from the law enforcement agency by the
23            forensic lab for analysis;
24                (ii) the laboratory case number, visible to
25            the law enforcement agency and State's Attorney
26            office; and

 

 

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1                (iii) the date the laboratory completes the
2            analysis of the sexual assault evidence.
3            (E) for State's Attorney office fields:
4                (i) the date the State's Attorney office
5            received the sexual assault evidence results from
6            the laboratory, if applicable; and
7                (ii) the disposition or status of the case.
8    (a-2) The Commission also developed guidelines for secure
9electronic access to a tracking system for a victim, or his or
10her designee to access information on the status of the
11evidence collected. The Commission recommended minimum
12guidelines in order to safeguard confidentiality of the
13information contained within this statewide tracking system.
14These recommendations are that the sexual assault evidence
15tracking system must:
16        (1) allow for secure access, controlled by an
17    administering body who can restrict user access and allow
18    different permissions based on the need of that particular
19    user and health care facility users may include
20    out-of-state border hospitals, if authorized by the
21    Illinois Department of State Police to obtain this State's
22    kits from vendor;
23        (2) provide for users, other than victims, the ability
24    to provide for any individual who is granted access to the
25    program their own unique user ID and password;
26        (3) provide for a mechanism for a victim to enter the

 

 

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1    system and only access his or her own information;
2        (4) enable a sexual assault evidence to be tracked and
3    identified through the unique sexual assault evidence kit
4    identification number or barcode that the vendor applies
5    to each sexual assault evidence kit per the Illinois
6    Department of State Police's contract;
7        (5) have a mechanism to inventory unused kits provided
8    to a health care facility from the vendor;
9        (6) provide users the option to either scan the bar
10    code or manually enter the sexual assault evidence kit
11    number into the tracking program;
12        (7) provide a mechanism to create a separate unique
13    identification number for cases in which a sexual evidence
14    kit was not collected, but other evidence was collected;
15        (8) provide the ability to record date, time, and user
16    ID whenever any user accesses the system;
17        (9) provide for real-time entry and update of data;
18        (10) contain report functions including:
19            (A) health care facility compliance with
20        applicable laws;
21            (B) law enforcement agency compliance with
22        applicable laws;
23            (C) law enforcement agency annual inventory of
24        cases to each State's Attorney office; and
25            (D) forensic lab compliance with applicable laws;
26        and

 

 

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1        (11) provide automatic notifications to the law
2    enforcement agency when:
3            (A) a health care facility has collected sexual
4        assault evidence;
5            (B) unreleased sexual assault evidence that is
6        being stored by the law enforcement agency has met the
7        minimum storage requirement by law; and
8            (C) timelines as required by law are not met for a
9        particular case, if not otherwise documented.
10    (b) The Illinois State Police Department shall develop
11rules to implement a sexual assault evidence tracking system
12that conforms with subsections (a-1) and (a-2) of this
13Section. The Illinois State Police Department shall design the
14criteria for the sexual assault evidence tracking system so
15that, to the extent reasonably possible, the system can use
16existing technologies and products, including, but not limited
17to, currently available tracking systems. The sexual assault
18evidence tracking system shall be operational and shall begin
19tracking and reporting sexual assault evidence no later than
20one year after the effective date of this amendatory Act of the
21101st General Assembly. The Illinois State Police Department
22may adopt additional rules as it deems necessary to ensure
23that the sexual assault evidence tracking system continues to
24be a useful tool for law enforcement.
25    (c) A treatment hospital, a treatment hospital with
26approved pediatric transfer, an out-of-state hospital approved

 

 

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1by the Department of Public Health to receive transfers of
2Illinois sexual assault survivors, or an approved pediatric
3health care facility defined in Section 1a of the Sexual
4Assault Survivors Emergency Treatment Act shall participate in
5the sexual assault evidence tracking system created under this
6Section and in accordance with rules adopted under subsection
7(b), including, but not limited to, the collection of sexual
8assault evidence and providing information regarding that
9evidence, including, but not limited to, providing notice to
10law enforcement that the evidence has been collected.
11    (d) The operations of the sexual assault evidence tracking
12system shall be funded by moneys appropriated for that purpose
13from the State Crime Laboratory Fund and funds provided to the
14Illinois State Police Department through asset forfeiture,
15together with such other funds as the General Assembly may
16appropriate.
17    (e) To ensure that the sexual assault evidence tracking
18system is operational, the Illinois State Police Department
19may adopt emergency rules to implement the provisions of this
20Section under subsection (ff) of Section 5-45 of the Illinois
21Administrative Procedure Act.
22    (f) Information, including, but not limited to, evidence
23and records in the sexual assault evidence tracking system is
24exempt from disclosure under the Freedom of Information Act.
25(Source: P.A. 101-377, eff. 8-16-19.)
 

 

 

SB2037- 2103 -LRB102 17120 WGH 22551 b

1    Section 1045. The Sexual Assault Incident Procedure Act is
2amended by changing Sections 15, 20, and 35 as follows:
 
3    (725 ILCS 203/15)
4    Sec. 15. Sexual assault incident policies.
5    (a) On or before January 1, 2018, every law enforcement
6agency shall develop, adopt, and implement written policies
7regarding procedures for incidents of sexual assault or sexual
8abuse consistent with the guidelines developed under
9subsection (b) of this Section. In developing these policies,
10each law enforcement agency is encouraged to consult with
11other law enforcement agencies, sexual assault advocates, and
12sexual assault nurse examiners with expertise in recognizing
13and handling sexual assault and sexual abuse incidents. These
14policies must include mandatory sexual assault and sexual
15abuse response training as required in Section 10.21 of the
16Illinois Police Training Act and Sections 2605-51 and 2605-53
17and 2605-98 of the Illinois Department of State Police Law of
18the Civil Administrative Code of Illinois.
19    (a-5) On or before January 1, 2021, every law enforcement
20agency shall revise and implement its written policies
21regarding procedures for incidents of sexual assault or sexual
22abuse consistent with the guideline revisions developed under
23subsection (b-5) of this Section.
24    (b) On or before July 1, 2017, the Office of the Attorney
25General, in consultation with the Illinois Law Enforcement

 

 

SB2037- 2104 -LRB102 17120 WGH 22551 b

1Training Standards Board and the Illinois Department of State
2Police, shall develop and make available to each law
3enforcement agency, comprehensive guidelines for creation of a
4law enforcement agency policy on evidence-based,
5trauma-informed, victim-centered sexual assault and sexual
6abuse response and investigation.
7    These guidelines shall include, but not be limited to the
8following:
9        (1) dispatcher or call taker response;
10        (2) responding officer duties;
11        (3) duties of officers investigating sexual assaults
12    and sexual abuse;
13        (4) supervisor duties;
14        (5) report writing;
15        (6) reporting methods;
16        (7) victim interviews;
17        (8) evidence collection;
18        (9) sexual assault medical forensic examinations;
19        (10) suspect interviews;
20        (11) suspect forensic exams;
21        (12) witness interviews;
22        (13) sexual assault response and resource teams, if
23    applicable;
24        (14) working with victim advocates;
25        (15) working with prosecutors;
26        (16) victims' rights;

 

 

SB2037- 2105 -LRB102 17120 WGH 22551 b

1        (17) victim notification; and
2        (18) consideration for specific populations or
3    communities.
4    (b-5) On or before January 1, 2020, the Office of the
5Attorney General, in consultation with the Illinois Law
6Enforcement Training Standards Board and the Illinois
7Department of State Police, shall revise the comprehensive
8guidelines developed under subsection (b) to include
9responding to victims who are under 13 years of age at the time
10the sexual assault or sexual abuse occurred.
11(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17;
12100-910, eff. 1-1-19.)
 
13    (725 ILCS 203/20)
14    Sec. 20. Reports by law enforcement officers.
15    (a) A law enforcement officer shall complete a written
16police report upon receiving the following, regardless of
17where the incident occurred:
18        (1) an allegation by a person that the person has been
19    sexually assaulted or sexually abused regardless of
20    jurisdiction;
21        (2) information from hospital or medical personnel
22    provided under Section 3.2 of the Criminal Identification
23    Act; or
24        (3) information from a witness who personally observed
25    what appeared to be a sexual assault or sexual abuse or

 

 

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1    attempted sexual assault or sexual abuse.
2    (b) The written report shall include the following, if
3known:
4        (1) the victim's name or other identifier;
5        (2) the victim's contact information;
6        (3) time, date, and location of offense;
7        (4) information provided by the victim;
8        (5) the suspect's description and name, if known;
9        (6) names of persons with information relevant to the
10    time before, during, or after the sexual assault or sexual
11    abuse, and their contact information;
12        (7) names of medical professionals who provided a
13    medical forensic examination of the victim and any
14    information they provided about the sexual assault or
15    sexual abuse;
16        (8) whether an Illinois State Police Sexual Assault
17    Evidence Collection Kit was completed, the name and
18    contact information for the hospital, and whether the
19    victim consented to testing of the Evidence Collection Kit
20    by law enforcement;
21        (9) whether a urine or blood sample was collected and
22    whether the victim consented to testing of a toxicology
23    screen by law enforcement;
24        (10) information the victim related to medical
25    professionals during a medical forensic examination which
26    the victim consented to disclosure to law enforcement; and

 

 

SB2037- 2107 -LRB102 17120 WGH 22551 b

1        (11) other relevant information.
2    (c) If the sexual assault or sexual abuse occurred in
3another jurisdiction, the law enforcement officer taking the
4report must submit the report to the law enforcement agency
5having jurisdiction in person or via fax or email within 24
6hours of receiving information about the sexual assault or
7sexual abuse.
8    (d) Within 24 hours of receiving a report from a law
9enforcement agency in another jurisdiction in accordance with
10subsection (c), the law enforcement agency having jurisdiction
11shall submit a written confirmation to the law enforcement
12agency that wrote the report. The written confirmation shall
13contain the name and identifier of the person and confirming
14receipt of the report and a name and contact phone number that
15will be given to the victim. The written confirmation shall be
16delivered in person or via fax or email.
17    (e) No law enforcement officer shall require a victim of
18sexual assault or sexual abuse to submit to an interview.
19    (f) No law enforcement agency may refuse to complete a
20written report as required by this Section on any ground.
21    (g) All law enforcement agencies shall ensure that all
22officers responding to or investigating a complaint of sexual
23assault or sexual abuse have successfully completed training
24under Section 10.21 of the Illinois Police Training Act and
25Section 2605-51 2605-98 of the Illinois Department of State
26Police Law of the Civil Administrative Code of Illinois.

 

 

SB2037- 2108 -LRB102 17120 WGH 22551 b

1(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)
 
2    (725 ILCS 203/35)
3    Sec. 35. Release of information.
4    (a) Upon the request of the victim who has consented to the
5release of sexual assault evidence for testing, the law
6enforcement agency having jurisdiction shall provide the
7following information in writing:
8        (1) the date the sexual assault evidence was sent to
9    an Illinois a Department of State Police forensic
10    laboratory or designated laboratory;
11        (2) test results provided to the law enforcement
12    agency by an Illinois a Department of State Police
13    forensic laboratory or designated laboratory, including,
14    but not limited to:
15            (A) whether a DNA profile was obtained from the
16        testing of the sexual assault evidence from the
17        victim's case;
18            (B) whether the DNA profile developed from the
19        sexual assault evidence has been searched against the
20        DNA Index System or any state or federal DNA database;
21            (C) whether an association was made to an
22        individual whose DNA profile is consistent with the
23        sexual assault evidence DNA profile, provided that
24        disclosure would not impede or compromise an ongoing
25        investigation; and

 

 

SB2037- 2109 -LRB102 17120 WGH 22551 b

1            (D) whether any drugs were detected in a urine or
2        blood sample analyzed for drug facilitated sexual
3        assault and information about any drugs detected.
4    (b) The information listed in paragraph (1) of subsection
5(a) of this Section shall be provided to the victim within 7
6days of the transfer of the evidence to the laboratory. The
7information listed in paragraph (2) of subsection (a) of this
8Section shall be provided to the victim within 7 days of the
9receipt of the information by the law enforcement agency
10having jurisdiction.
11    (c) At the time the sexual assault evidence is released
12for testing, the victim shall be provided written information
13by the law enforcement agency having jurisdiction or the
14hospital providing emergency services and forensic services to
15the victim informing him or her of the right to request
16information under subsection (a) of this Section. A victim may
17designate another person or agency to receive this
18information.
19    (d) The victim or the victim's designee shall keep the law
20enforcement agency having jurisdiction informed of the name,
21address, telephone number, and email address of the person to
22whom the information should be provided, and any changes of
23the name, address, telephone number, and email address, if an
24email address is available.
25(Source: P.A. 99-801, eff. 1-1-17.)
 

 

 

SB2037- 2110 -LRB102 17120 WGH 22551 b

1    Section 1050. The Sexually Violent Persons Commitment Act
2is amended by changing Section 45 as follows:
 
3    (725 ILCS 207/45)
4    Sec. 45. Deoxyribonucleic acid analysis requirements.
5    (a)(1) If a person is found to be a sexually violent person
6under this Act, the court shall require the person to provide a
7biological specimen for deoxyribonucleic acid analysis in
8accordance with Section 5-4-3 of the Unified Code of
9Corrections.
10    (2) The results from deoxyribonucleic acid analysis of a
11specimen under paragraph (a)(1) of this Section may be used
12only as authorized by Section 5-4-3 of the Unified Code of
13Corrections.
14    (b) The rules adopted by the Illinois Department of State
15Police under Section 5-4-3 of the Unified Code of Corrections
16are the procedures that must be followed for persons to
17provide specimens under paragraph (a)(1) of this Section.
18(Source: P.A. 90-40, eff. 1-1-98; 91-227, eff. 1-1-00.)
 
19    Section 1055. The Unified Code of Corrections is amended
20by changing Sections 3-2-2, 3-2.7-25, 3-3-2, 3-14-1, 3-14-1.5,
213-17-5, 5-2-4, 5-4-3, 5-4-3a, 5-4-3b, 5-5-4, 5-5.5-40, 5-6-3,
225-9-1.2, 5-9-1.4, and 5-9-1.9 as follows:
 
23    (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)

 

 

SB2037- 2111 -LRB102 17120 WGH 22551 b

1    Sec. 3-2-2. Powers and duties of the Department.
2    (1) In addition to the powers, duties, and
3responsibilities which are otherwise provided by law, the
4Department shall have the following powers:
5        (a) To accept persons committed to it by the courts of
6    this State for care, custody, treatment and
7    rehabilitation, and to accept federal prisoners and aliens
8    over whom the Office of the Federal Detention Trustee is
9    authorized to exercise the federal detention function for
10    limited purposes and periods of time.
11        (b) To develop and maintain reception and evaluation
12    units for purposes of analyzing the custody and
13    rehabilitation needs of persons committed to it and to
14    assign such persons to institutions and programs under its
15    control or transfer them to other appropriate agencies. In
16    consultation with the Department of Alcoholism and
17    Substance Abuse (now the Department of Human Services),
18    the Department of Corrections shall develop a master plan
19    for the screening and evaluation of persons committed to
20    its custody who have alcohol or drug abuse problems, and
21    for making appropriate treatment available to such
22    persons; the Department shall report to the General
23    Assembly on such plan not later than April 1, 1987. The
24    maintenance and implementation of such plan shall be
25    contingent upon the availability of funds.
26        (b-1) To create and implement, on January 1, 2002, a

 

 

SB2037- 2112 -LRB102 17120 WGH 22551 b

1    pilot program to establish the effectiveness of
2    pupillometer technology (the measurement of the pupil's
3    reaction to light) as an alternative to a urine test for
4    purposes of screening and evaluating persons committed to
5    its custody who have alcohol or drug problems. The pilot
6    program shall require the pupillometer technology to be
7    used in at least one Department of Corrections facility.
8    The Director may expand the pilot program to include an
9    additional facility or facilities as he or she deems
10    appropriate. A minimum of 4,000 tests shall be included in
11    the pilot program. The Department must report to the
12    General Assembly on the effectiveness of the program by
13    January 1, 2003.
14        (b-5) To develop, in consultation with the Illinois
15    Department of State Police, a program for tracking and
16    evaluating each inmate from commitment through release for
17    recording his or her gang affiliations, activities, or
18    ranks.
19        (c) To maintain and administer all State correctional
20    institutions and facilities under its control and to
21    establish new ones as needed. Pursuant to its power to
22    establish new institutions and facilities, the Department
23    may, with the written approval of the Governor, authorize
24    the Department of Central Management Services to enter
25    into an agreement of the type described in subsection (d)
26    of Section 405-300 of the Department of Central Management

 

 

SB2037- 2113 -LRB102 17120 WGH 22551 b

1    Services Law (20 ILCS 405/405-300). The Department shall
2    designate those institutions which shall constitute the
3    State Penitentiary System.
4        Pursuant to its power to establish new institutions
5    and facilities, the Department may authorize the
6    Department of Central Management Services to accept bids
7    from counties and municipalities for the construction,
8    remodeling or conversion of a structure to be leased to
9    the Department of Corrections for the purposes of its
10    serving as a correctional institution or facility. Such
11    construction, remodeling or conversion may be financed
12    with revenue bonds issued pursuant to the Industrial
13    Building Revenue Bond Act by the municipality or county.
14    The lease specified in a bid shall be for a term of not
15    less than the time needed to retire any revenue bonds used
16    to finance the project, but not to exceed 40 years. The
17    lease may grant to the State the option to purchase the
18    structure outright.
19        Upon receipt of the bids, the Department may certify
20    one or more of the bids and shall submit any such bids to
21    the General Assembly for approval. Upon approval of a bid
22    by a constitutional majority of both houses of the General
23    Assembly, pursuant to joint resolution, the Department of
24    Central Management Services may enter into an agreement
25    with the county or municipality pursuant to such bid.
26        (c-5) To build and maintain regional juvenile

 

 

SB2037- 2114 -LRB102 17120 WGH 22551 b

1    detention centers and to charge a per diem to the counties
2    as established by the Department to defray the costs of
3    housing each minor in a center. In this subsection (c-5),
4    "juvenile detention center" means a facility to house
5    minors during pendency of trial who have been transferred
6    from proceedings under the Juvenile Court Act of 1987 to
7    prosecutions under the criminal laws of this State in
8    accordance with Section 5-805 of the Juvenile Court Act of
9    1987, whether the transfer was by operation of law or
10    permissive under that Section. The Department shall
11    designate the counties to be served by each regional
12    juvenile detention center.
13        (d) To develop and maintain programs of control,
14    rehabilitation and employment of committed persons within
15    its institutions.
16        (d-5) To provide a pre-release job preparation program
17    for inmates at Illinois adult correctional centers.
18        (d-10) To provide educational and visitation
19    opportunities to committed persons within its institutions
20    through temporary access to content-controlled tablets
21    that may be provided as a privilege to committed persons
22    to induce or reward compliance.
23        (e) To establish a system of supervision and guidance
24    of committed persons in the community.
25        (f) To establish in cooperation with the Department of
26    Transportation to supply a sufficient number of prisoners

 

 

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1    for use by the Department of Transportation to clean up
2    the trash and garbage along State, county, township, or
3    municipal highways as designated by the Department of
4    Transportation. The Department of Corrections, at the
5    request of the Department of Transportation, shall furnish
6    such prisoners at least annually for a period to be agreed
7    upon between the Director of Corrections and the Secretary
8    of Transportation. The prisoners used on this program
9    shall be selected by the Director of Corrections on
10    whatever basis he deems proper in consideration of their
11    term, behavior and earned eligibility to participate in
12    such program - where they will be outside of the prison
13    facility but still in the custody of the Department of
14    Corrections. Prisoners convicted of first degree murder,
15    or a Class X felony, or armed violence, or aggravated
16    kidnapping, or criminal sexual assault, aggravated
17    criminal sexual abuse or a subsequent conviction for
18    criminal sexual abuse, or forcible detention, or arson, or
19    a prisoner adjudged a Habitual Criminal shall not be
20    eligible for selection to participate in such program. The
21    prisoners shall remain as prisoners in the custody of the
22    Department of Corrections and such Department shall
23    furnish whatever security is necessary. The Department of
24    Transportation shall furnish trucks and equipment for the
25    highway cleanup program and personnel to supervise and
26    direct the program. Neither the Department of Corrections

 

 

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1    nor the Department of Transportation shall replace any
2    regular employee with a prisoner.
3        (g) To maintain records of persons committed to it and
4    to establish programs of research, statistics and
5    planning.
6        (h) To investigate the grievances of any person
7    committed to the Department and to inquire into any
8    alleged misconduct by employees or committed persons; and
9    for these purposes it may issue subpoenas and compel the
10    attendance of witnesses and the production of writings and
11    papers, and may examine under oath any witnesses who may
12    appear before it; to also investigate alleged violations
13    of a parolee's or releasee's conditions of parole or
14    release; and for this purpose it may issue subpoenas and
15    compel the attendance of witnesses and the production of
16    documents only if there is reason to believe that such
17    procedures would provide evidence that such violations
18    have occurred.
19        If any person fails to obey a subpoena issued under
20    this subsection, the Director may apply to any circuit
21    court to secure compliance with the subpoena. The failure
22    to comply with the order of the court issued in response
23    thereto shall be punishable as contempt of court.
24        (i) To appoint and remove the chief administrative
25    officers, and administer programs of training and
26    development of personnel of the Department. Personnel

 

 

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1    assigned by the Department to be responsible for the
2    custody and control of committed persons or to investigate
3    the alleged misconduct of committed persons or employees
4    or alleged violations of a parolee's or releasee's
5    conditions of parole shall be conservators of the peace
6    for those purposes, and shall have the full power of peace
7    officers outside of the facilities of the Department in
8    the protection, arrest, retaking and reconfining of
9    committed persons or where the exercise of such power is
10    necessary to the investigation of such misconduct or
11    violations. This subsection shall not apply to persons
12    committed to the Department of Juvenile Justice under the
13    Juvenile Court Act of 1987 on aftercare release.
14        (j) To cooperate with other departments and agencies
15    and with local communities for the development of
16    standards and programs for better correctional services in
17    this State.
18        (k) To administer all moneys and properties of the
19    Department.
20        (l) To report annually to the Governor on the
21    committed persons, institutions and programs of the
22    Department.
23        (l-5) (Blank).
24        (m) To make all rules and regulations and exercise all
25    powers and duties vested by law in the Department.
26        (n) To establish rules and regulations for

 

 

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1    administering a system of sentence credits, established in
2    accordance with Section 3-6-3, subject to review by the
3    Prisoner Review Board.
4        (o) To administer the distribution of funds from the
5    State Treasury to reimburse counties where State penal
6    institutions are located for the payment of assistant
7    state's attorneys' salaries under Section 4-2001 of the
8    Counties Code.
9        (p) To exchange information with the Department of
10    Human Services and the Department of Healthcare and Family
11    Services for the purpose of verifying living arrangements
12    and for other purposes directly connected with the
13    administration of this Code and the Illinois Public Aid
14    Code.
15        (q) To establish a diversion program.
16        The program shall provide a structured environment for
17    selected technical parole or mandatory supervised release
18    violators and committed persons who have violated the
19    rules governing their conduct while in work release. This
20    program shall not apply to those persons who have
21    committed a new offense while serving on parole or
22    mandatory supervised release or while committed to work
23    release.
24        Elements of the program shall include, but shall not
25    be limited to, the following:
26            (1) The staff of a diversion facility shall

 

 

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1        provide supervision in accordance with required
2        objectives set by the facility.
3            (2) Participants shall be required to maintain
4        employment.
5            (3) Each participant shall pay for room and board
6        at the facility on a sliding-scale basis according to
7        the participant's income.
8            (4) Each participant shall:
9                (A) provide restitution to victims in
10            accordance with any court order;
11                (B) provide financial support to his
12            dependents; and
13                (C) make appropriate payments toward any other
14            court-ordered obligations.
15            (5) Each participant shall complete community
16        service in addition to employment.
17            (6) Participants shall take part in such
18        counseling, educational and other programs as the
19        Department may deem appropriate.
20            (7) Participants shall submit to drug and alcohol
21        screening.
22            (8) The Department shall promulgate rules
23        governing the administration of the program.
24        (r) To enter into intergovernmental cooperation
25    agreements under which persons in the custody of the
26    Department may participate in a county impact

 

 

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1    incarceration program established under Section 3-6038 or
2    3-15003.5 of the Counties Code.
3        (r-5) (Blank).
4        (r-10) To systematically and routinely identify with
5    respect to each streetgang active within the correctional
6    system: (1) each active gang; (2) every existing
7    inter-gang affiliation or alliance; and (3) the current
8    leaders in each gang. The Department shall promptly
9    segregate leaders from inmates who belong to their gangs
10    and allied gangs. "Segregate" means no physical contact
11    and, to the extent possible under the conditions and space
12    available at the correctional facility, prohibition of
13    visual and sound communication. For the purposes of this
14    paragraph (r-10), "leaders" means persons who:
15            (i) are members of a criminal streetgang;
16            (ii) with respect to other individuals within the
17        streetgang, occupy a position of organizer,
18        supervisor, or other position of management or
19        leadership; and
20            (iii) are actively and personally engaged in
21        directing, ordering, authorizing, or requesting
22        commission of criminal acts by others, which are
23        punishable as a felony, in furtherance of streetgang
24        related activity both within and outside of the
25        Department of Corrections.
26    "Streetgang", "gang", and "streetgang related" have the

 

 

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1    meanings ascribed to them in Section 10 of the Illinois
2    Streetgang Terrorism Omnibus Prevention Act.
3        (s) To operate a super-maximum security institution,
4    in order to manage and supervise inmates who are
5    disruptive or dangerous and provide for the safety and
6    security of the staff and the other inmates.
7        (t) To monitor any unprivileged conversation or any
8    unprivileged communication, whether in person or by mail,
9    telephone, or other means, between an inmate who, before
10    commitment to the Department, was a member of an organized
11    gang and any other person without the need to show cause or
12    satisfy any other requirement of law before beginning the
13    monitoring, except as constitutionally required. The
14    monitoring may be by video, voice, or other method of
15    recording or by any other means. As used in this
16    subdivision (1)(t), "organized gang" has the meaning
17    ascribed to it in Section 10 of the Illinois Streetgang
18    Terrorism Omnibus Prevention Act.
19        As used in this subdivision (1)(t), "unprivileged
20    conversation" or "unprivileged communication" means a
21    conversation or communication that is not protected by any
22    privilege recognized by law or by decision, rule, or order
23    of the Illinois Supreme Court.
24        (u) To establish a Women's and Children's Pre-release
25    Community Supervision Program for the purpose of providing
26    housing and services to eligible female inmates, as

 

 

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1    determined by the Department, and their newborn and young
2    children.
3        (u-5) To issue an order, whenever a person committed
4    to the Department absconds or absents himself or herself,
5    without authority to do so, from any facility or program
6    to which he or she is assigned. The order shall be
7    certified by the Director, the Supervisor of the
8    Apprehension Unit, or any person duly designated by the
9    Director, with the seal of the Department affixed. The
10    order shall be directed to all sheriffs, coroners, and
11    police officers, or to any particular person named in the
12    order. Any order issued pursuant to this subdivision (1)
13    (u-5) shall be sufficient warrant for the officer or
14    person named in the order to arrest and deliver the
15    committed person to the proper correctional officials and
16    shall be executed the same as criminal process.
17        (v) To do all other acts necessary to carry out the
18    provisions of this Chapter.
19    (2) The Department of Corrections shall by January 1,
201998, consider building and operating a correctional facility
21within 100 miles of a county of over 2,000,000 inhabitants,
22especially a facility designed to house juvenile participants
23in the impact incarceration program.
24    (3) When the Department lets bids for contracts for
25medical services to be provided to persons committed to
26Department facilities by a health maintenance organization,

 

 

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1medical service corporation, or other health care provider,
2the bid may only be let to a health care provider that has
3obtained an irrevocable letter of credit or performance bond
4issued by a company whose bonds have an investment grade or
5higher rating by a bond rating organization.
6    (4) When the Department lets bids for contracts for food
7or commissary services to be provided to Department
8facilities, the bid may only be let to a food or commissary
9services provider that has obtained an irrevocable letter of
10credit or performance bond issued by a company whose bonds
11have an investment grade or higher rating by a bond rating
12organization.
13    (5) On and after the date 6 months after August 16, 2013
14(the effective date of Public Act 98-488), as provided in the
15Executive Order 1 (2012) Implementation Act, all of the
16powers, duties, rights, and responsibilities related to State
17healthcare purchasing under this Code that were transferred
18from the Department of Corrections to the Department of
19Healthcare and Family Services by Executive Order 3 (2005) are
20transferred back to the Department of Corrections; however,
21powers, duties, rights, and responsibilities related to State
22healthcare purchasing under this Code that were exercised by
23the Department of Corrections before the effective date of
24Executive Order 3 (2005) but that pertain to individuals
25resident in facilities operated by the Department of Juvenile
26Justice are transferred to the Department of Juvenile Justice.

 

 

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1(Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18;
2101-235, eff. 1-1-20.)
 
3    (730 ILCS 5/3-2.7-25)
4    Sec. 3-2.7-25. Duties and powers.
5    (a) The Independent Juvenile Ombudsman shall function
6independently within the Department of Juvenile Justice with
7respect to the operations of the Office in performance of his
8or her duties under this Article and shall report to the
9Governor. The Ombudsman shall adopt rules and standards as may
10be necessary or desirable to carry out his or her duties.
11Funding for the Office shall be designated separately within
12Department funds. The Department shall provide necessary
13administrative services and facilities to the Office of the
14Independent Juvenile Ombudsman.
15    (b) The Office of Independent Juvenile Ombudsman shall
16have the following duties:
17        (1) review and monitor the implementation of the rules
18    and standards established by the Department of Juvenile
19    Justice and evaluate the delivery of services to youth to
20    ensure that the rights of youth are fully observed;
21        (2) provide assistance to a youth or family whom the
22    Ombudsman determines is in need of assistance, including
23    advocating with an agency, provider, or other person in
24    the best interests of the youth;
25        (3) investigate and attempt to resolve complaints made

 

 

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1    by or on behalf of youth, other than complaints alleging
2    criminal behavior or violations of the State Officials and
3    Employees Ethics Act, if the Office determines that the
4    investigation and resolution would further the purpose of
5    the Office, and:
6            (A) a youth committed to the Department of
7        Juvenile Justice or the youth's family is in need of
8        assistance from the Office; or
9            (B) a systemic issue in the Department of Juvenile
10        Justice's provision of services is raised by a
11        complaint;
12        (4) review or inspect periodically the facilities and
13    procedures of any facility in which a youth has been
14    placed by the Department of Juvenile Justice to ensure
15    that the rights of youth are fully observed; and
16        (5) be accessible to and meet confidentially and
17    regularly with youth committed to the Department and serve
18    as a resource by informing them of pertinent laws, rules,
19    and policies, and their rights thereunder.
20    (c) The following cases shall be reported immediately to
21the Director of Juvenile Justice and the Governor:
22        (1) cases of severe abuse or injury of a youth;
23        (2) serious misconduct, misfeasance, malfeasance, or
24    serious violations of policies and procedures concerning
25    the administration of a Department of Juvenile Justice
26    program or operation;

 

 

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1        (3) serious problems concerning the delivery of
2    services in a facility operated by or under contract with
3    the Department of Juvenile Justice;
4        (4) interference by the Department of Juvenile Justice
5    with an investigation conducted by the Office; and
6        (5) other cases as deemed necessary by the Ombudsman.
7    (d) Notwithstanding any other provision of law, the
8Ombudsman may not investigate alleged criminal behavior or
9violations of the State Officials and Employees Ethics Act. If
10the Ombudsman determines that a possible criminal act has been
11committed, or that special expertise is required in the
12investigation, he or she shall immediately notify the Illinois
13Department of State Police. If the Ombudsman determines that a
14possible violation of the State Officials and Employees Ethics
15Act has occurred, he or she shall immediately refer the
16incident to the Office of the Governor's Executive Inspector
17General for investigation. If the Ombudsman receives a
18complaint from a youth or third party regarding suspected
19abuse or neglect of a child, the Ombudsman shall refer the
20incident to the Child Abuse and Neglect Hotline or to the
21Illinois State Police as mandated by the Abused and Neglected
22Child Reporting Act. Any investigation conducted by the
23Ombudsman shall not be duplicative and shall be separate from
24any investigation mandated by the Abused and Neglected Child
25Reporting Act. All investigations conducted by the Ombudsman
26shall be conducted in a manner designed to ensure the

 

 

SB2037- 2127 -LRB102 17120 WGH 22551 b

1preservation of evidence for possible use in a criminal
2prosecution.
3    (e) In performance of his or her duties, the Ombudsman
4may:
5        (1) review court files of youth;
6        (2) recommend policies, rules, and legislation
7    designed to protect youth;
8        (3) make appropriate referrals under any of the duties
9    and powers listed in this Section;
10        (4) attend internal administrative and disciplinary
11    hearings to ensure the rights of youth are fully observed
12    and advocate for the best interest of youth when deemed
13    necessary; and
14        (5) perform other acts, otherwise permitted or
15    required by law, in furtherance of the purpose of the
16    Office.
17    (f) To assess if a youth's rights have been violated, the
18Ombudsman may, in any matter that does not involve alleged
19criminal behavior, contact or consult with an administrator,
20employee, youth, parent, expert, or any other individual in
21the course of his or her investigation or to secure
22information as necessary to fulfill his or her duties.
23(Source: P.A. 98-1032, eff. 8-25-14; 99-78, eff. 7-20-15.)
 
24    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
25    Sec. 3-3-2. Powers and duties.

 

 

SB2037- 2128 -LRB102 17120 WGH 22551 b

1    (a) The Parole and Pardon Board is abolished and the term
2"Parole and Pardon Board" as used in any law of Illinois, shall
3read "Prisoner Review Board." After February 1, 1978 (the
4effective date of Public Act 81-1099) this amendatory Act of
51977, the Prisoner Review Board shall provide by rule for the
6orderly transition of all files, records, and documents of the
7Parole and Pardon Board and for such other steps as may be
8necessary to effect an orderly transition and shall:
9        (1) hear by at least one member and through a panel of
10    at least 3 members decide, cases of prisoners who were
11    sentenced under the law in effect prior to February 1,
12    1978 (the effective date of Public Act 81-1099) this
13    amendatory Act of 1977, and who are eligible for parole;
14        (2) hear by at least one member and through a panel of
15    at least 3 members decide, the conditions of parole and
16    the time of discharge from parole, impose sanctions for
17    violations of parole, and revoke parole for those
18    sentenced under the law in effect prior to February 1,
19    1978 (the effective date of Public Act 81-1099) this
20    amendatory Act of 1977; provided that the decision to
21    parole and the conditions of parole for all prisoners who
22    were sentenced for first degree murder or who received a
23    minimum sentence of 20 years or more under the law in
24    effect prior to February 1, 1978 shall be determined by a
25    majority vote of the Prisoner Review Board. One
26    representative supporting parole and one representative

 

 

SB2037- 2129 -LRB102 17120 WGH 22551 b

1    opposing parole will be allowed to speak. Their comments
2    shall be limited to making corrections and filling in
3    omissions to the Board's presentation and discussion;
4        (3) hear by at least one member and through a panel of
5    at least 3 members decide, the conditions of mandatory
6    supervised release and the time of discharge from
7    mandatory supervised release, impose sanctions for
8    violations of mandatory supervised release, and revoke
9    mandatory supervised release for those sentenced under the
10    law in effect after February 1, 1978 (the effective date
11    of Public Act 81-1099) this amendatory Act of 1977;
12        (3.5) hear by at least one member and through a panel
13    of at least 3 members decide, the conditions of mandatory
14    supervised release and the time of discharge from
15    mandatory supervised release, to impose sanctions for
16    violations of mandatory supervised release and revoke
17    mandatory supervised release for those serving extended
18    supervised release terms pursuant to paragraph (4) of
19    subsection (d) of Section 5-8-1;
20        (3.6) hear by at least one member and through a panel
21    of at least 3 members decide whether to revoke aftercare
22    release for those committed to the Department of Juvenile
23    Justice under the Juvenile Court Act of 1987;
24        (4) hear by at least one member and through a panel of
25    at least 3 members, decide cases brought by the Department
26    of Corrections against a prisoner in the custody of the

 

 

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1    Department for alleged violation of Department rules with
2    respect to sentence credits under Section 3-6-3 of this
3    Code in which the Department seeks to revoke sentence
4    credits, if the amount of time at issue exceeds 30 days or
5    when, during any 12-month 12 month period, the cumulative
6    amount of credit revoked exceeds 30 days except where the
7    infraction is committed or discovered within 60 days of
8    scheduled release. In such cases, the Department of
9    Corrections may revoke up to 30 days of sentence credit.
10    The Board may subsequently approve the revocation of
11    additional sentence credit, if the Department seeks to
12    revoke sentence credit in excess of 30 thirty days.
13    However, the Board shall not be empowered to review the
14    Department's decision with respect to the loss of 30 days
15    of sentence credit for any prisoner or to increase any
16    penalty beyond the length requested by the Department;
17        (5) hear by at least one member and through a panel of
18    at least 3 members decide, the release dates for certain
19    prisoners sentenced under the law in existence prior to
20    February 1, 1978 (the effective date of Public Act
21    81-1099) this amendatory Act of 1977, in accordance with
22    Section 3-3-2.1 of this Code;
23        (6) hear by at least one member and through a panel of
24    at least 3 members decide, all requests for pardon,
25    reprieve or commutation, and make confidential
26    recommendations to the Governor;

 

 

SB2037- 2131 -LRB102 17120 WGH 22551 b

1        (6.5) hear by at least one member who is qualified in
2    the field of juvenile matters and through a panel of at
3    least 3 members, 2 of whom are qualified in the field of
4    juvenile matters, decide parole review cases in accordance
5    with Section 5-4.5-115 of this Code and make release
6    determinations of persons under the age of 21 at the time
7    of the commission of an offense or offenses, other than
8    those persons serving sentences for first degree murder or
9    aggravated criminal sexual assault;
10        (6.6) hear by at least a quorum of the Prisoner Review
11    Board and decide by a majority of members present at the
12    hearing, in accordance with Section 5-4.5-115 of this
13    Code, release determinations of persons under the age of
14    21 at the time of the commission of an offense or offenses
15    of those persons serving sentences for first degree murder
16    or aggravated criminal sexual assault;
17        (7) comply with the requirements of the Open Parole
18    Hearings Act;
19        (8) hear by at least one member and, through a panel of
20    at least 3 members, decide cases brought by the Department
21    of Corrections against a prisoner in the custody of the
22    Department for court dismissal of a frivolous lawsuit
23    pursuant to Section 3-6-3(d) of this Code in which the
24    Department seeks to revoke up to 180 days of sentence
25    credit, and if the prisoner has not accumulated 180 days
26    of sentence credit at the time of the dismissal, then all

 

 

SB2037- 2132 -LRB102 17120 WGH 22551 b

1    sentence credit accumulated by the prisoner shall be
2    revoked;
3        (9) hear by at least 3 members, and, through a panel of
4    at least 3 members, decide whether to grant certificates
5    of relief from disabilities or certificates of good
6    conduct as provided in Article 5.5 of Chapter V;
7        (10) upon a petition by a person who has been
8    convicted of a Class 3 or Class 4 felony and who meets the
9    requirements of this paragraph, hear by at least 3 members
10    and, with the unanimous vote of a panel of 3 members, issue
11    a certificate of eligibility for sealing recommending that
12    the court order the sealing of all official records of the
13    arresting authority, the circuit court clerk, and the
14    Illinois Department of State Police concerning the arrest
15    and conviction for the Class 3 or 4 felony. A person may
16    not apply to the Board for a certificate of eligibility
17    for sealing:
18            (A) until 5 years have elapsed since the
19        expiration of his or her sentence;
20            (B) until 5 years have elapsed since any arrests
21        or detentions by a law enforcement officer for an
22        alleged violation of law, other than a petty offense,
23        traffic offense, conservation offense, or local
24        ordinance offense;
25            (C) if convicted of a violation of the Cannabis
26        Control Act, Illinois Controlled Substances Act, the

 

 

SB2037- 2133 -LRB102 17120 WGH 22551 b

1        Methamphetamine Control and Community Protection Act,
2        the Methamphetamine Precursor Control Act, or the
3        Methamphetamine Precursor Tracking Act unless the
4        petitioner has completed a drug abuse program for the
5        offense on which sealing is sought and provides proof
6        that he or she has completed the program successfully;
7            (D) if convicted of:
8                (i) a sex offense described in Article 11 or
9            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
10            the Criminal Code of 1961 or the Criminal Code of
11            2012;
12                (ii) aggravated assault;
13                (iii) aggravated battery;
14                (iv) domestic battery;
15                (v) aggravated domestic battery;
16                (vi) violation of an order of protection;
17                (vii) an offense under the Criminal Code of
18            1961 or the Criminal Code of 2012 involving a
19            firearm;
20                (viii) driving while under the influence of
21            alcohol, other drug or drugs, intoxicating
22            compound or compounds, or any combination thereof;
23                (ix) aggravated driving while under the
24            influence of alcohol, other drug or drugs,
25            intoxicating compound or compounds, or any
26            combination thereof; or

 

 

SB2037- 2134 -LRB102 17120 WGH 22551 b

1                (x) any crime defined as a crime of violence
2            under Section 2 of the Crime Victims Compensation
3            Act.
4        If a person has applied to the Board for a certificate
5    of eligibility for sealing and the Board denies the
6    certificate, the person must wait at least 4 years before
7    filing again or filing for pardon from the Governor unless
8    the Chairman of the Prisoner Review Board grants a waiver.
9        The decision to issue or refrain from issuing a
10    certificate of eligibility for sealing shall be at the
11    Board's sole discretion, and shall not give rise to any
12    cause of action against either the Board or its members.
13        The Board may only authorize the sealing of Class 3
14    and 4 felony convictions of the petitioner from one
15    information or indictment under this paragraph (10). A
16    petitioner may only receive one certificate of eligibility
17    for sealing under this provision for life; and
18        (11) upon a petition by a person who after having been
19    convicted of a Class 3 or Class 4 felony thereafter served
20    in the United States Armed Forces or National Guard of
21    this or any other state and had received an honorable
22    discharge from the United States Armed Forces or National
23    Guard or who at the time of filing the petition is enlisted
24    in the United States Armed Forces or National Guard of
25    this or any other state and served one tour of duty and who
26    meets the requirements of this paragraph, hear by at least

 

 

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1    3 members and, with the unanimous vote of a panel of 3
2    members, issue a certificate of eligibility for
3    expungement recommending that the court order the
4    expungement of all official records of the arresting
5    authority, the circuit court clerk, and the Illinois
6    Department of State Police concerning the arrest and
7    conviction for the Class 3 or 4 felony. A person may not
8    apply to the Board for a certificate of eligibility for
9    expungement:
10            (A) if convicted of:
11                (i) a sex offense described in Article 11 or
12            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
13            the Criminal Code of 1961 or Criminal Code of
14            2012;
15                (ii) an offense under the Criminal Code of
16            1961 or Criminal Code of 2012 involving a firearm;
17            or
18                (iii) a crime of violence as defined in
19            Section 2 of the Crime Victims Compensation Act;
20            or
21            (B) if the person has not served in the United
22        States Armed Forces or National Guard of this or any
23        other state or has not received an honorable discharge
24        from the United States Armed Forces or National Guard
25        of this or any other state or who at the time of the
26        filing of the petition is serving in the United States

 

 

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1        Armed Forces or National Guard of this or any other
2        state and has not completed one tour of duty.
3        If a person has applied to the Board for a certificate
4    of eligibility for expungement and the Board denies the
5    certificate, the person must wait at least 4 years before
6    filing again or filing for a pardon with authorization for
7    expungement from the Governor unless the Governor or
8    Chairman of the Prisoner Review Board grants a waiver.
9    (a-5) The Prisoner Review Board, with the cooperation of
10and in coordination with the Department of Corrections and the
11Department of Central Management Services, shall implement a
12pilot project in 3 correctional institutions providing for the
13conduct of hearings under paragraphs (1) and (4) of subsection
14(a) of this Section through interactive video conferences. The
15project shall be implemented within 6 months after January 1,
161997 (the effective date of Public Act 89-490) this amendatory
17Act of 1996. Within 6 months after the implementation of the
18pilot project, the Prisoner Review Board, with the cooperation
19of and in coordination with the Department of Corrections and
20the Department of Central Management Services, shall report to
21the Governor and the General Assembly regarding the use,
22costs, effectiveness, and future viability of interactive
23video conferences for Prisoner Review Board hearings.
24    (b) Upon recommendation of the Department the Board may
25restore sentence credit previously revoked.
26    (c) The Board shall cooperate with the Department in

 

 

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1promoting an effective system of parole and mandatory
2supervised release.
3    (d) The Board shall promulgate rules for the conduct of
4its work, and the Chairman shall file a copy of such rules and
5any amendments thereto with the Director and with the
6Secretary of State.
7    (e) The Board shall keep records of all of its official
8actions and shall make them accessible in accordance with law
9and the rules of the Board.
10    (f) The Board or one who has allegedly violated the
11conditions of his or her parole, aftercare release, or
12mandatory supervised release may require by subpoena the
13attendance and testimony of witnesses and the production of
14documentary evidence relating to any matter under
15investigation or hearing. The Chairman of the Board may sign
16subpoenas which shall be served by any agent or public
17official authorized by the Chairman of the Board, or by any
18person lawfully authorized to serve a subpoena under the laws
19of the State of Illinois. The attendance of witnesses, and the
20production of documentary evidence, may be required from any
21place in the State to a hearing location in the State before
22the Chairman of the Board or his or her designated agent or
23agents or any duly constituted Committee or Subcommittee of
24the Board. Witnesses so summoned shall be paid the same fees
25and mileage that are paid witnesses in the circuit courts of
26the State, and witnesses whose depositions are taken and the

 

 

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1persons taking those depositions are each entitled to the same
2fees as are paid for like services in actions in the circuit
3courts of the State. Fees and mileage shall be vouchered for
4payment when the witness is discharged from further
5attendance.
6    In case of disobedience to a subpoena, the Board may
7petition any circuit court of the State for an order requiring
8the attendance and testimony of witnesses or the production of
9documentary evidence or both. A copy of such petition shall be
10served by personal service or by registered or certified mail
11upon the person who has failed to obey the subpoena, and such
12person shall be advised in writing that a hearing upon the
13petition will be requested in a court room to be designated in
14such notice before the judge hearing motions or extraordinary
15remedies at a specified time, on a specified date, not less
16than 10 nor more than 15 days after the deposit of the copy of
17the written notice and petition in the U.S. mail mails
18addressed to the person at his or her last known address or
19after the personal service of the copy of the notice and
20petition upon such person. The court upon the filing of such a
21petition, may order the person refusing to obey the subpoena
22to appear at an investigation or hearing, or to there produce
23documentary evidence, if so ordered, or to give evidence
24relative to the subject matter of that investigation or
25hearing. Any failure to obey such order of the circuit court
26may be punished by that court as a contempt of court.

 

 

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1    Each member of the Board and any hearing officer
2designated by the Board shall have the power to administer
3oaths and to take the testimony of persons under oath.
4    (g) Except under subsection (a) of this Section, a
5majority of the members then appointed to the Prisoner Review
6Board shall constitute a quorum for the transaction of all
7business of the Board.
8    (h) The Prisoner Review Board shall annually transmit to
9the Director a detailed report of its work for the preceding
10calendar year. The annual report shall also be transmitted to
11the Governor for submission to the Legislature.
12(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20;
13revised 8-19-20.)
 
14    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
15    Sec. 3-14-1. Release from the institution.
16    (a) Upon release of a person on parole, mandatory release,
17final discharge or pardon the Department shall return all
18property held for him, provide him with suitable clothing and
19procure necessary transportation for him to his designated
20place of residence and employment. It may provide such person
21with a grant of money for travel and expenses which may be paid
22in installments. The amount of the money grant shall be
23determined by the Department.
24    (a-1) The Department shall, before a wrongfully imprisoned
25person, as defined in Section 3-1-2 of this Code, is

 

 

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1discharged from the Department, provide him or her with any
2documents necessary after discharge.
3    (a-2) The Department of Corrections may establish and
4maintain, in any institution it administers, revolving funds
5to be known as "Travel and Allowances Revolving Funds". These
6revolving funds shall be used for advancing travel and expense
7allowances to committed, paroled, and discharged prisoners.
8The moneys paid into such revolving funds shall be from
9appropriations to the Department for Committed, Paroled, and
10Discharged Prisoners.
11    (a-3) Upon release of a person who is eligible to vote on
12parole, mandatory release, final discharge, or pardon, the
13Department shall provide the person with a form that informs
14him or her that his or her voting rights have been restored and
15a voter registration application. The Department shall have
16available voter registration applications in the languages
17provided by the Illinois State Board of Elections. The form
18that informs the person that his or her rights have been
19restored shall include the following information:
20        (1) All voting rights are restored upon release from
21    the Department's custody.
22        (2) A person who is eligible to vote must register in
23    order to be able to vote.
24    The Department of Corrections shall confirm that the
25person received the voter registration application and has
26been informed that his or her voting rights have been

 

 

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1restored.
2    (a-4) (a-3) Prior to release of a person on parole,
3mandatory supervised release, final discharge, or pardon, the
4Department shall screen every person for Medicaid eligibility.
5Officials of the correctional institution or facility where
6the committed person is assigned shall assist an eligible
7person to complete a Medicaid application to ensure that the
8person begins receiving benefits as soon as possible after his
9or her release. The application must include the eligible
10person's address associated with his or her residence upon
11release from the facility. If the residence is temporary, the
12eligible person must notify the Department of Human Services
13of his or her change in address upon transition to permanent
14housing.
15    (b) (Blank).
16    (c) Except as otherwise provided in this Code, the
17Department shall establish procedures to provide written
18notification of any release of any person who has been
19convicted of a felony to the State's Attorney and sheriff of
20the county from which the offender was committed, and the
21State's Attorney and sheriff of the county into which the
22offender is to be paroled or released. Except as otherwise
23provided in this Code, the Department shall establish
24procedures to provide written notification to the proper law
25enforcement agency for any municipality of any release of any
26person who has been convicted of a felony if the arrest of the

 

 

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1offender or the commission of the offense took place in the
2municipality, if the offender is to be paroled or released
3into the municipality, or if the offender resided in the
4municipality at the time of the commission of the offense. If a
5person convicted of a felony who is in the custody of the
6Department of Corrections or on parole or mandatory supervised
7release informs the Department that he or she has resided,
8resides, or will reside at an address that is a housing
9facility owned, managed, operated, or leased by a public
10housing agency, the Department must send written notification
11of that information to the public housing agency that owns,
12manages, operates, or leases the housing facility. The written
13notification shall, when possible, be given at least 14 days
14before release of the person from custody, or as soon
15thereafter as possible. The written notification shall be
16provided electronically if the State's Attorney, sheriff,
17proper law enforcement agency, or public housing agency has
18provided the Department with an accurate and up to date email
19address.
20    (c-1) (Blank).
21    (c-2) The Department shall establish procedures to provide
22notice to the Illinois Department of State Police of the
23release or discharge of persons convicted of violations of the
24Methamphetamine Control and Community Protection Act or a
25violation of the Methamphetamine Precursor Control Act. The
26Illinois Department of State Police shall make this

 

 

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1information available to local, State, or federal law
2enforcement agencies upon request.
3    (c-5) If a person on parole or mandatory supervised
4release becomes a resident of a facility licensed or regulated
5by the Department of Public Health, the Illinois Department of
6Public Aid, or the Illinois Department of Human Services, the
7Department of Corrections shall provide copies of the
8following information to the appropriate licensing or
9regulating Department and the licensed or regulated facility
10where the person becomes a resident:
11        (1) The mittimus and any pre-sentence investigation
12    reports.
13        (2) The social evaluation prepared pursuant to Section
14    3-8-2.
15        (3) Any pre-release evaluation conducted pursuant to
16    subsection (j) of Section 3-6-2.
17        (4) Reports of disciplinary infractions and
18    dispositions.
19        (5) Any parole plan, including orders issued by the
20    Prisoner Review Board, and any violation reports and
21    dispositions.
22        (6) The name and contact information for the assigned
23    parole agent and parole supervisor.
24    This information shall be provided within 3 days of the
25person becoming a resident of the facility.
26    (c-10) If a person on parole or mandatory supervised

 

 

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1release becomes a resident of a facility licensed or regulated
2by the Department of Public Health, the Illinois Department of
3Public Aid, or the Illinois Department of Human Services, the
4Department of Corrections shall provide written notification
5of such residence to the following:
6        (1) The Prisoner Review Board.
7        (2) The chief of police and sheriff in the
8    municipality and county in which the licensed facility is
9    located.
10    The notification shall be provided within 3 days of the
11person becoming a resident of the facility.
12    (d) Upon the release of a committed person on parole,
13mandatory supervised release, final discharge or pardon, the
14Department shall provide such person with information
15concerning programs and services of the Illinois Department of
16Public Health to ascertain whether such person has been
17exposed to the human immunodeficiency virus (HIV) or any
18identified causative agent of Acquired Immunodeficiency
19Syndrome (AIDS).
20    (e) Upon the release of a committed person on parole,
21mandatory supervised release, final discharge, pardon, or who
22has been wrongfully imprisoned, the Department shall verify
23the released person's full name, date of birth, and social
24security number. If verification is made by the Department by
25obtaining a certified copy of the released person's birth
26certificate and the released person's social security card or

 

 

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1other documents authorized by the Secretary, the Department
2shall provide the birth certificate and social security card
3or other documents authorized by the Secretary to the released
4person. If verification by the Department is done by means
5other than obtaining a certified copy of the released person's
6birth certificate and the released person's social security
7card or other documents authorized by the Secretary, the
8Department shall complete a verification form, prescribed by
9the Secretary of State, and shall provide that verification
10form to the released person.
11    (f) Forty-five days prior to the scheduled discharge of a
12person committed to the custody of the Department of
13Corrections, the Department shall give the person who is
14otherwise uninsured an opportunity to apply for health care
15coverage including medical assistance under Article V of the
16Illinois Public Aid Code in accordance with subsection (b) of
17Section 1-8.5 of the Illinois Public Aid Code, and the
18Department of Corrections shall provide assistance with
19completion of the application for health care coverage
20including medical assistance. The Department may adopt rules
21to implement this Section.
22(Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20;
23revised 9-9-19.)
 
24    (730 ILCS 5/3-14-1.5)
25    Sec. 3-14-1.5. Parole agents and parole supervisors;

 

 

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1off-duty firearms. Subsections 24-1(a)(4) and 24-1(a)(10) and
2Section 24-1.6 of the Criminal Code of 2012 do not apply to
3parole agents and parole supervisors who meet the following
4conditions:
5    (1) The parole agent or parole supervisor must receive
6training in the use of firearms while off-duty conducted by
7the Illinois Law Enforcement Training Standards Board and be
8certified as having successfully completing such training by
9the Board. The Board shall determine the amount of such
10training and the course content for such training. The parole
11agent or parole supervisor shall requalify for the firearms
12training annually at a State range certified by the Illinois
13Law Enforcement Training Standards Board. The expenses of such
14retraining shall be paid by the parole agent or parole
15supervisor and moneys for such requalification shall be
16expended at the request of the Illinois Law Enforcement
17Training Standards Board.
18    (2) The parole agent or parole supervisor shall purchase
19such firearm at his or her own expense and shall register the
20firearm with the Illinois Department of State Police and with
21any other local law enforcement agencies that require such
22registration.
23    (3) The parole agent or parole supervisor may not carry
24any Illinois Department of Corrections State issued firearm
25while off-duty. A person who violates this paragraph (3) is
26subject to disciplinary action by the Illinois Department of

 

 

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1Corrections.
2    (4) Parole agents and supervisors who are discharged from
3employment of the Illinois Department of Corrections shall no
4longer be considered law enforcement officials and all their
5rights as law enforcement officials shall be revoked
6permanently.
7(Source: P.A. 96-230, eff. 1-1-10; 97-333, eff. 8-12-11;
897-1150, eff. 1-25-13.)
 
9    (730 ILCS 5/3-17-5)
10    Sec. 3-17-5. Transitional housing; licensing.
11    (a) The Department of Corrections shall license
12transitional housing facilities for persons convicted of or
13placed on supervision for sex offenses as defined in the Sex
14Offender Management Board Act.
15    (b) A transitional housing facility must meet the
16following criteria to be licensed by the Department:
17        (1) The facility shall provide housing to a sex
18    offender who is in compliance with his or her parole,
19    mandatory supervised release, probation, or supervision
20    order for a period not to exceed 90 days, unless extended
21    with approval from the Director or his or her designee.
22    Notice of any extension approved shall be provided to the
23    Prisoner Review Board.
24        (2) The Department of Corrections must approve a
25    treatment plan and counseling for each sex offender

 

 

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1    residing in the transitional housing.
2        (3) The transitional housing facility must provide
3    security 24 hours each day and 7 days each week as defined
4    and approved by the Department.
5        (4) The facility must notify the police department,
6    public and private elementary and secondary schools,
7    public libraries, and each residential home and apartment
8    complex located within 500 feet of the transitional
9    housing facility of its initial licensure as a
10    transitional housing facility, and of its continuing
11    operation as a transitional housing facility annually
12    thereafter.
13        (5) Upon its initial licensure as a transitional
14    housing facility and during its licensure, each facility
15    shall maintain at its main entrance a visible and
16    conspicuous exterior sign identifying itself as, in
17    letters at least 4 inches tall, a "Department of
18    Corrections Licensed Transitional Housing Facility".
19        (6) Upon its initial licensure as a transitional
20    housing facility, each facility shall file in the office
21    of the county clerk of the county in which such facility is
22    located, a certificate setting forth the name under which
23    the facility is, or is to be, operated, and the true or
24    real full name or names of the person, persons or entity
25    operating the same, with the address of the facility. The
26    certificate shall be executed and duly acknowledged by the

 

 

SB2037- 2149 -LRB102 17120 WGH 22551 b

1    person or persons so operating or intending to operate the
2    facility. Notice of the filing of the certificate shall be
3    published in a newspaper of general circulation published
4    within the county in which the certificate is filed. The
5    notice shall be published once a week for 3 consecutive
6    weeks. The first publication shall be within 15 days after
7    the certificate is filed in the office of the county
8    clerk. Proof of publication shall be filed with the county
9    clerk within 50 days from the date of filing the
10    certificate. Upon receiving proof of publication, the
11    clerk shall issue a receipt to the person filing the
12    certificate, but no additional charge shall be assessed by
13    the clerk for giving such receipt. Unless proof of
14    publication is made to the clerk, the notification is
15    void.
16        (7) Each licensed transitional housing facility shall
17    be identified on the Illinois State Police Sex Offender
18    Registry website, including the address of the facility
19    together with the maximum possible number of sex offenders
20    that the facility could house.
21    (c) The Department of Corrections shall establish rules
22consistent with this Section establishing licensing procedures
23and criteria for transitional housing facilities for sex
24offenders, and may create criteria for, and issue licenses
25for, different levels of facilities to be licensed. The
26Department is authorized to set and charge a licensing fee for

 

 

SB2037- 2150 -LRB102 17120 WGH 22551 b

1each application for a transitional housing license. The rules
2shall be adopted within 60 days after the effective date of
3this amendatory Act of the 94th General Assembly. Facilities
4which on the effective date of this amendatory Act of the 94th
5General Assembly are currently housing and providing sex
6offender treatment to sex offenders may continue housing more
7than one sex offender on parole, mandatory supervised release,
8probation, or supervision for a period of 120 days after the
9adoption of licensure rules during which time the facility
10shall apply for a transitional housing license.
11    (d) The Department of Corrections shall maintain a file on
12each sex offender housed in a transitional housing facility.
13The file shall contain efforts of the Department in placing a
14sex offender in non-transitional housing, efforts of the
15Department to place the sex offender in a county from which he
16or she was convicted, the anticipated length of stay of each
17sex offender in the transitional housing facility, the number
18of sex offenders residing in the transitional housing
19facility, and the services to be provided the sex offender
20while he or she resides in the transitional housing facility.
21    (e) The Department of Corrections shall, on or before
22December 31 of each year, file a report with the General
23Assembly on the number of transitional housing facilities for
24sex offenders licensed by the Department, the addresses of
25each licensed facility, how many sex offenders are housed in
26each facility, and the particular sex offense that each

 

 

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1resident of the transitional housing facility committed.
2(Source: P.A. 94-161, eff. 7-11-05; 95-331, eff. 8-21-07.)
 
3    (730 ILCS 5/5-2-4)  (from Ch. 38, par. 1005-2-4)
4    Sec. 5-2-4. Proceedings after acquittal by reason of
5insanity.
6    (a) After a finding or verdict of not guilty by reason of
7insanity under Sections 104-25, 115-3, or 115-4 of the Code of
8Criminal Procedure of 1963, the defendant shall be ordered to
9the Department of Human Services for an evaluation as to
10whether he is in need of mental health services. The order
11shall specify whether the evaluation shall be conducted on an
12inpatient or outpatient basis. If the evaluation is to be
13conducted on an inpatient basis, the defendant shall be placed
14in a secure setting. With the court order for evaluation shall
15be sent a copy of the arrest report, criminal charges, arrest
16record, jail record, any report prepared under Section 115-6
17of the Code of Criminal Procedure of 1963, and any statement
18prepared under Section 6 of the Rights of Crime Victims and
19Witnesses Act. The clerk of the circuit court shall transmit
20this information to the Department within 5 days. If the court
21orders that the evaluation be done on an inpatient basis, the
22Department shall evaluate the defendant to determine to which
23secure facility the defendant shall be transported and, within
2420 days of the transmittal by the clerk of the circuit court of
25the placement court order, notify the sheriff of the

 

 

SB2037- 2152 -LRB102 17120 WGH 22551 b

1designated facility. Upon receipt of that notice, the sheriff
2shall promptly transport the defendant to the designated
3facility. During the period of time required to determine the
4appropriate placement, the defendant shall remain in jail. If,
5within 20 days of the transmittal by the clerk of the circuit
6court of the placement court order, the Department fails to
7notify the sheriff of the identity of the facility to which the
8defendant shall be transported, the sheriff shall contact a
9designated person within the Department to inquire about when
10a placement will become available at the designated facility
11and bed availability at other facilities. If, within 20 days
12of the transmittal by the clerk of the circuit court of the
13placement court order, the Department fails to notify the
14sheriff of the identity of the facility to which the defendant
15shall be transported, the sheriff shall notify the Department
16of its intent to transfer the defendant to the nearest secure
17mental health facility operated by the Department and inquire
18as to the status of the placement evaluation and availability
19for admission to the facility operated by the Department by
20contacting a designated person within the Department. The
21Department shall respond to the sheriff within 2 business days
22of the notice and inquiry by the sheriff seeking the transfer
23and the Department shall provide the sheriff with the status
24of the placement evaluation, information on bed and placement
25availability, and an estimated date of admission for the
26defendant and any changes to that estimated date of admission.

 

 

SB2037- 2153 -LRB102 17120 WGH 22551 b

1If the Department notifies the sheriff during the 2 business
2day period of a facility operated by the Department with
3placement availability, the sheriff shall promptly transport
4the defendant to that facility. Individualized placement
5evaluations by the Department of Human Services determine the
6most appropriate setting for forensic treatment based upon a
7number of factors including mental health diagnosis, proximity
8to surviving victims, security need, age, gender, and
9proximity to family.
10    The Department shall provide the Court with a report of
11its evaluation within 30 days of the date of this order. The
12Court shall hold a hearing as provided under the Mental Health
13and Developmental Disabilities Code to determine if the
14individual is: (a) in need of mental health services on an
15inpatient basis; (b) in need of mental health services on an
16outpatient basis; (c) a person not in need of mental health
17services. The court shall afford the victim the opportunity to
18make a written or oral statement as guaranteed by Article I,
19Section 8.1 of the Illinois Constitution and Section 6 of the
20Rights of Crime Victims and Witnesses Act. The court shall
21allow a victim to make an oral statement if the victim is
22present in the courtroom and requests to make an oral
23statement. An oral statement includes the victim or a
24representative of the victim reading the written statement.
25The court may allow persons impacted by the crime who are not
26victims under subsection (a) of Section 3 of the Rights of

 

 

SB2037- 2154 -LRB102 17120 WGH 22551 b

1Crime Victims and Witnesses Act to present an oral or written
2statement. A victim and any person making an oral statement
3shall not be put under oath or subject to cross-examination.
4The court shall consider any statement presented along with
5all other appropriate factors in determining the sentence of
6the defendant or disposition of the juvenile. All statements
7shall become part of the record of the court.
8    If the defendant is found to be in need of mental health
9services on an inpatient care basis, the Court shall order the
10defendant to the Department of Human Services. The defendant
11shall be placed in a secure setting. Such defendants placed in
12a secure setting shall not be permitted outside the facility's
13housing unit unless escorted or accompanied by personnel of
14the Department of Human Services or with the prior approval of
15the Court for unsupervised on-grounds privileges as provided
16herein. Any defendant placed in a secure setting pursuant to
17this Section, transported to court hearings or other necessary
18appointments off facility grounds by personnel of the
19Department of Human Services, shall be placed in security
20devices or otherwise secured during the period of
21transportation to assure secure transport of the defendant and
22the safety of Department of Human Services personnel and
23others. These security measures shall not constitute restraint
24as defined in the Mental Health and Developmental Disabilities
25Code. If the defendant is found to be in need of mental health
26services, but not on an inpatient care basis, the Court shall

 

 

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1conditionally release the defendant, under such conditions as
2set forth in this Section as will reasonably assure the
3defendant's satisfactory progress and participation in
4treatment or rehabilitation and the safety of the defendant,
5the victim, the victim's family members, and others. If the
6Court finds the person not in need of mental health services,
7then the Court shall order the defendant discharged from
8custody.
9    (a-1) Definitions. For the purposes of this Section:
10        (A) (Blank).
11        (B) "In need of mental health services on an inpatient
12    basis" means: a defendant who has been found not guilty by
13    reason of insanity but who, due to mental illness, is
14    reasonably expected to inflict serious physical harm upon
15    himself or another and who would benefit from inpatient
16    care or is in need of inpatient care.
17        (C) "In need of mental health services on an
18    outpatient basis" means: a defendant who has been found
19    not guilty by reason of insanity who is not in need of
20    mental health services on an inpatient basis, but is in
21    need of outpatient care, drug and/or alcohol
22    rehabilitation programs, community adjustment programs,
23    individual, group, or family therapy, or chemotherapy.
24        (D) "Conditional Release" means: the release from
25    either the custody of the Department of Human Services or
26    the custody of the Court of a person who has been found not

 

 

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1    guilty by reason of insanity under such conditions as the
2    Court may impose which reasonably assure the defendant's
3    satisfactory progress in treatment or habilitation and the
4    safety of the defendant, the victim, the victim's family,
5    and others. The Court shall consider such terms and
6    conditions which may include, but need not be limited to,
7    outpatient care, alcoholic and drug rehabilitation
8    programs, community adjustment programs, individual,
9    group, family, and chemotherapy, random testing to ensure
10    the defendant's timely and continuous taking of any
11    medicines prescribed to control or manage his or her
12    conduct or mental state, and periodic checks with the
13    legal authorities and/or the Department of Human Services.
14    The Court may order as a condition of conditional release
15    that the defendant not contact the victim of the offense
16    that resulted in the finding or verdict of not guilty by
17    reason of insanity or any other person. The Court may
18    order the Department of Human Services to provide care to
19    any person conditionally released under this Section. The
20    Department may contract with any public or private agency
21    in order to discharge any responsibilities imposed under
22    this Section. The Department shall monitor the provision
23    of services to persons conditionally released under this
24    Section and provide periodic reports to the Court
25    concerning the services and the condition of the
26    defendant. Whenever a person is conditionally released

 

 

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1    pursuant to this Section, the State's Attorney for the
2    county in which the hearing is held shall designate in
3    writing the name, telephone number, and address of a
4    person employed by him or her who shall be notified in the
5    event that either the reporting agency or the Department
6    decides that the conditional release of the defendant
7    should be revoked or modified pursuant to subsection (i)
8    of this Section. Such conditional release shall be for a
9    period of five years. However, the defendant, the person
10    or facility rendering the treatment, therapy, program or
11    outpatient care, the Department, or the State's Attorney
12    may petition the Court for an extension of the conditional
13    release period for an additional 5 years. Upon receipt of
14    such a petition, the Court shall hold a hearing consistent
15    with the provisions of paragraph (a), this paragraph
16    (a-1), and paragraph (f) of this Section, shall determine
17    whether the defendant should continue to be subject to the
18    terms of conditional release, and shall enter an order
19    either extending the defendant's period of conditional
20    release for an additional 5-year period or discharging the
21    defendant. Additional 5-year periods of conditional
22    release may be ordered following a hearing as provided in
23    this Section. However, in no event shall the defendant's
24    period of conditional release continue beyond the maximum
25    period of commitment ordered by the Court pursuant to
26    paragraph (b) of this Section. These provisions for

 

 

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1    extension of conditional release shall only apply to
2    defendants conditionally released on or after August 8,
3    2003. However, the extension provisions of Public Act
4    83-1449 apply only to defendants charged with a forcible
5    felony.
6        (E) "Facility director" means the chief officer of a
7    mental health or developmental disabilities facility or
8    his or her designee or the supervisor of a program of
9    treatment or habilitation or his or her designee.
10    "Designee" may include a physician, clinical psychologist,
11    social worker, nurse, or clinical professional counselor.
12    (b) If the Court finds the defendant in need of mental
13health services on an inpatient basis, the admission,
14detention, care, treatment or habilitation, treatment plans,
15review proceedings, including review of treatment and
16treatment plans, and discharge of the defendant after such
17order shall be under the Mental Health and Developmental
18Disabilities Code, except that the initial order for admission
19of a defendant acquitted of a felony by reason of insanity
20shall be for an indefinite period of time. Such period of
21commitment shall not exceed the maximum length of time that
22the defendant would have been required to serve, less credit
23for good behavior as provided in Section 5-4-1 of the Unified
24Code of Corrections, before becoming eligible for release had
25he been convicted of and received the maximum sentence for the
26most serious crime for which he has been acquitted by reason of

 

 

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1insanity. The Court shall determine the maximum period of
2commitment by an appropriate order. During this period of
3time, the defendant shall not be permitted to be in the
4community in any manner, including, but not limited to,
5off-grounds privileges, with or without escort by personnel of
6the Department of Human Services, unsupervised on-grounds
7privileges, discharge or conditional or temporary release,
8except by a plan as provided in this Section. In no event shall
9a defendant's continued unauthorized absence be a basis for
10discharge. Not more than 30 days after admission and every 90
11days thereafter so long as the initial order remains in
12effect, the facility director shall file a treatment plan
13report in writing with the court and forward a copy of the
14treatment plan report to the clerk of the court, the State's
15Attorney, and the defendant's attorney, if the defendant is
16represented by counsel, or to a person authorized by the
17defendant under the Mental Health and Developmental
18Disabilities Confidentiality Act to be sent a copy of the
19report. The report shall include an opinion as to whether the
20defendant is currently in need of mental health services on an
21inpatient basis or in need of mental health services on an
22outpatient basis. The report shall also summarize the basis
23for those findings and provide a current summary of the
24following items from the treatment plan: (1) an assessment of
25the defendant's treatment needs, (2) a description of the
26services recommended for treatment, (3) the goals of each type

 

 

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1of element of service, (4) an anticipated timetable for the
2accomplishment of the goals, and (5) a designation of the
3qualified professional responsible for the implementation of
4the plan. The report may also include unsupervised on-grounds
5privileges, off-grounds privileges (with or without escort by
6personnel of the Department of Human Services), home visits
7and participation in work programs, but only where such
8privileges have been approved by specific court order, which
9order may include such conditions on the defendant as the
10Court may deem appropriate and necessary to reasonably assure
11the defendant's satisfactory progress in treatment and the
12safety of the defendant and others.
13    (c) Every defendant acquitted of a felony by reason of
14insanity and subsequently found to be in need of mental health
15services shall be represented by counsel in all proceedings
16under this Section and under the Mental Health and
17Developmental Disabilities Code.
18        (1) The Court shall appoint as counsel the public
19    defender or an attorney licensed by this State.
20        (2) Upon filing with the Court of a verified statement
21    of legal services rendered by the private attorney
22    appointed pursuant to paragraph (1) of this subsection,
23    the Court shall determine a reasonable fee for such
24    services. If the defendant is unable to pay the fee, the
25    Court shall enter an order upon the State to pay the entire
26    fee or such amount as the defendant is unable to pay from

 

 

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1    funds appropriated by the General Assembly for that
2    purpose.
3    (d) When the facility director determines that:
4        (1) the defendant is no longer in need of mental
5    health services on an inpatient basis; and
6        (2) the defendant may be conditionally released
7    because he or she is still in need of mental health
8    services or that the defendant may be discharged as not in
9    need of any mental health services; or
10        (3) (blank);
11the facility director shall give written notice to the Court,
12State's Attorney and defense attorney. Such notice shall set
13forth in detail the basis for the recommendation of the
14facility director, and specify clearly the recommendations, if
15any, of the facility director, concerning conditional release.
16Any recommendation for conditional release shall include an
17evaluation of the defendant's need for psychotropic
18medication, what provisions should be made, if any, to ensure
19that the defendant will continue to receive psychotropic
20medication following discharge, and what provisions should be
21made to assure the safety of the defendant and others in the
22event the defendant is no longer receiving psychotropic
23medication. Within 30 days of the notification by the facility
24director, the Court shall set a hearing and make a finding as
25to whether the defendant is:
26        (i) (blank); or

 

 

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1        (ii) in need of mental health services in the form of
2    inpatient care; or
3        (iii) in need of mental health services but not
4    subject to inpatient care; or
5        (iv) no longer in need of mental health services; or
6        (v) (blank).
7    A crime victim shall be allowed to present an oral and
8written statement. The court shall allow a victim to make an
9oral statement if the victim is present in the courtroom and
10requests to make an oral statement. An oral statement includes
11the victim or a representative of the victim reading the
12written statement. A victim and any person making an oral
13statement shall not be put under oath or subject to
14cross-examination. All statements shall become part of the
15record of the court.
16    Upon finding by the Court, the Court shall enter its
17findings and such appropriate order as provided in subsections
18(a) and (a-1) of this Section.
19    (e) A defendant admitted pursuant to this Section, or any
20person on his behalf, may file a petition for treatment plan
21review or discharge or conditional release under the standards
22of this Section in the Court which rendered the verdict. Upon
23receipt of a petition for treatment plan review or discharge
24or conditional release, the Court shall set a hearing to be
25held within 120 days. Thereafter, no new petition may be filed
26for 180 days without leave of the Court.

 

 

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1    (f) The Court shall direct that notice of the time and
2place of the hearing be served upon the defendant, the
3facility director, the State's Attorney, and the defendant's
4attorney. If requested by either the State or the defense or if
5the Court feels it is appropriate, an impartial examination of
6the defendant by a psychiatrist or clinical psychologist as
7defined in Section 1-103 of the Mental Health and
8Developmental Disabilities Code who is not in the employ of
9the Department of Human Services shall be ordered, and the
10report considered at the time of the hearing.
11    (g) The findings of the Court shall be established by
12clear and convincing evidence. The burden of proof and the
13burden of going forth with the evidence rest with the
14defendant or any person on the defendant's behalf when a
15hearing is held to review a petition filed by or on behalf of
16the defendant. The evidence shall be presented in open Court
17with the right of confrontation and cross-examination. Such
18evidence may include, but is not limited to:
19        (1) whether the defendant appreciates the harm caused
20    by the defendant to others and the community by his or her
21    prior conduct that resulted in the finding of not guilty
22    by reason of insanity;
23        (2) Whether the person appreciates the criminality of
24    conduct similar to the conduct for which he or she was
25    originally charged in this matter;
26        (3) the current state of the defendant's illness;

 

 

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1        (4) what, if any, medications the defendant is taking
2    to control his or her mental illness;
3        (5) what, if any, adverse physical side effects the
4    medication has on the defendant;
5        (6) the length of time it would take for the
6    defendant's mental health to deteriorate if the defendant
7    stopped taking prescribed medication;
8        (7) the defendant's history or potential for alcohol
9    and drug abuse;
10        (8) the defendant's past criminal history;
11        (9) any specialized physical or medical needs of the
12    defendant;
13        (10) any family participation or involvement expected
14    upon release and what is the willingness and ability of
15    the family to participate or be involved;
16        (11) the defendant's potential to be a danger to
17    himself, herself, or others;
18        (11.5) a written or oral statement made by the victim;
19    and
20        (12) any other factor or factors the Court deems
21    appropriate.
22    (h) Before the court orders that the defendant be
23discharged or conditionally released, it shall order the
24facility director to establish a discharge plan that includes
25a plan for the defendant's shelter, support, and medication.
26If appropriate, the court shall order that the facility

 

 

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1director establish a program to train the defendant in
2self-medication under standards established by the Department
3of Human Services. If the Court finds, consistent with the
4provisions of this Section, that the defendant is no longer in
5need of mental health services it shall order the facility
6director to discharge the defendant. If the Court finds,
7consistent with the provisions of this Section, that the
8defendant is in need of mental health services, and no longer
9in need of inpatient care, it shall order the facility
10director to release the defendant under such conditions as the
11Court deems appropriate and as provided by this Section. Such
12conditional release shall be imposed for a period of 5 years as
13provided in paragraph (D) of subsection (a-1) and shall be
14subject to later modification by the Court as provided by this
15Section. If the Court finds consistent with the provisions in
16this Section that the defendant is in need of mental health
17services on an inpatient basis, it shall order the facility
18director not to discharge or release the defendant in
19accordance with paragraph (b) of this Section.
20    (i) If within the period of the defendant's conditional
21release the State's Attorney determines that the defendant has
22not fulfilled the conditions of his or her release, the
23State's Attorney may petition the Court to revoke or modify
24the conditional release of the defendant. Upon the filing of
25such petition the defendant may be remanded to the custody of
26the Department, or to any other mental health facility

 

 

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1designated by the Department, pending the resolution of the
2petition. Nothing in this Section shall prevent the emergency
3admission of a defendant pursuant to Article VI of Chapter III
4of the Mental Health and Developmental Disabilities Code or
5the voluntary admission of the defendant pursuant to Article
6IV of Chapter III of the Mental Health and Developmental
7Disabilities Code. If the Court determines, after hearing
8evidence, that the defendant has not fulfilled the conditions
9of release, the Court shall order a hearing to be held
10consistent with the provisions of paragraph (f) and (g) of
11this Section. At such hearing, if the Court finds that the
12defendant is in need of mental health services on an inpatient
13basis, it shall enter an order remanding him or her to the
14Department of Human Services or other facility. If the
15defendant is remanded to the Department of Human Services, he
16or she shall be placed in a secure setting unless the Court
17determines that there are compelling reasons that such
18placement is not necessary. If the Court finds that the
19defendant continues to be in need of mental health services
20but not on an inpatient basis, it may modify the conditions of
21the original release in order to reasonably assure the
22defendant's satisfactory progress in treatment and his or her
23safety and the safety of others in accordance with the
24standards established in paragraph (D) of subsection (a-1).
25Nothing in this Section shall limit a Court's contempt powers
26or any other powers of a Court.

 

 

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1    (j) An order of admission under this Section does not
2affect the remedy of habeas corpus.
3    (k) In the event of a conflict between this Section and the
4Mental Health and Developmental Disabilities Code or the
5Mental Health and Developmental Disabilities Confidentiality
6Act, the provisions of this Section shall govern.
7    (l) Public Act 90-593 shall apply to all persons who have
8been found not guilty by reason of insanity and who are
9presently committed to the Department of Mental Health and
10Developmental Disabilities (now the Department of Human
11Services).
12    (m) The Clerk of the Court shall transmit a certified copy
13of the order of discharge or conditional release to the
14Department of Human Services, to the sheriff of the county
15from which the defendant was admitted, to the Illinois
16Department of State Police, to the proper law enforcement
17agency for the municipality where the offense took place, and
18to the sheriff of the county into which the defendant is
19conditionally discharged. The Illinois Department of State
20Police shall maintain a centralized record of discharged or
21conditionally released defendants while they are under court
22supervision for access and use of appropriate law enforcement
23agencies.
24    (n) The provisions in this Section which allow allows a
25crime victim to make a written and oral statement do not apply
26if the defendant was under 18 years of age at the time the

 

 

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1offense was committed.
2    (o) If any provision of this Section or its application to
3any person or circumstance is held invalid, the invalidity of
4that provision does not affect any other provision or
5application of this Section that can be given effect without
6the invalid provision or application.
7(Source: P.A. 100-27, eff. 1-1-18; 100-424, eff. 1-1-18;
8100-863, eff. 8-14-18; 100-961, eff. 1-1-19; 101-81, eff.
97-12-19; revised 9-24-19.)
 
10    (730 ILCS 5/5-4-3)  (from Ch. 38, par. 1005-4-3)
11    Sec. 5-4-3. Specimens; genetic marker groups.
12    (a) Any person convicted of, found guilty under the
13Juvenile Court Act of 1987 for, or who received a disposition
14of court supervision for, a qualifying offense or attempt of a
15qualifying offense, convicted or found guilty of any offense
16classified as a felony under Illinois law, convicted or found
17guilty of any offense requiring registration under the Sex
18Offender Registration Act, found guilty or given supervision
19for any offense classified as a felony under the Juvenile
20Court Act of 1987, convicted or found guilty of, under the
21Juvenile Court Act of 1987, any offense requiring registration
22under the Sex Offender Registration Act, or institutionalized
23as a sexually dangerous person under the Sexually Dangerous
24Persons Act, or committed as a sexually violent person under
25the Sexually Violent Persons Commitment Act shall, regardless

 

 

SB2037- 2169 -LRB102 17120 WGH 22551 b

1of the sentence or disposition imposed, be required to submit
2specimens of blood, saliva, or tissue to the Illinois
3Department of State Police in accordance with the provisions
4of this Section, provided such person is:
5        (1) convicted of a qualifying offense or attempt of a
6    qualifying offense on or after July 1, 1990 and sentenced
7    to a term of imprisonment, periodic imprisonment, fine,
8    probation, conditional discharge or any other form of
9    sentence, or given a disposition of court supervision for
10    the offense;
11        (1.5) found guilty or given supervision under the
12    Juvenile Court Act of 1987 for a qualifying offense or
13    attempt of a qualifying offense on or after January 1,
14    1997;
15        (2) ordered institutionalized as a sexually dangerous
16    person on or after July 1, 1990;
17        (3) convicted of a qualifying offense or attempt of a
18    qualifying offense before July 1, 1990 and is presently
19    confined as a result of such conviction in any State
20    correctional facility or county jail or is presently
21    serving a sentence of probation, conditional discharge or
22    periodic imprisonment as a result of such conviction;
23        (3.5) convicted or found guilty of any offense
24    classified as a felony under Illinois law or found guilty
25    or given supervision for such an offense under the
26    Juvenile Court Act of 1987 on or after August 22, 2002;

 

 

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1        (4) presently institutionalized as a sexually
2    dangerous person or presently institutionalized as a
3    person found guilty but mentally ill of a sexual offense
4    or attempt to commit a sexual offense; or
5        (4.5) ordered committed as a sexually violent person
6    on or after the effective date of the Sexually Violent
7    Persons Commitment Act.
8    (a-1) Any person incarcerated in a facility of the
9Illinois Department of Corrections or the Illinois Department
10of Juvenile Justice on or after August 22, 2002, whether for a
11term of years, natural life, or a sentence of death, who has
12not yet submitted a specimen of blood, saliva, or tissue shall
13be required to submit a specimen of blood, saliva, or tissue
14prior to his or her final discharge, or release on parole,
15aftercare release, or mandatory supervised release, as a
16condition of his or her parole, aftercare release, or
17mandatory supervised release, or within 6 months from August
1813, 2009 (the effective date of Public Act 96-426), whichever
19is sooner. A person incarcerated on or after August 13, 2009
20(the effective date of Public Act 96-426) shall be required to
21submit a specimen within 45 days of incarceration, or prior to
22his or her final discharge, or release on parole, aftercare
23release, or mandatory supervised release, as a condition of
24his or her parole, aftercare release, or mandatory supervised
25release, whichever is sooner. These specimens shall be placed
26into the State or national DNA database, to be used in

 

 

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1accordance with other provisions of this Section, by the
2Illinois State Police.
3    (a-2) Any person sentenced to life imprisonment in a
4facility of the Illinois Department of Corrections after the
5effective date of this amendatory Act of the 94th General
6Assembly or sentenced to death after the effective date of
7this amendatory Act of the 94th General Assembly shall be
8required to provide a specimen of blood, saliva, or tissue
9within 45 days after sentencing or disposition at a collection
10site designated by the Illinois Department of State Police.
11Any person serving a sentence of life imprisonment in a
12facility of the Illinois Department of Corrections on the
13effective date of this amendatory Act of the 94th General
14Assembly or any person who is under a sentence of death on the
15effective date of this amendatory Act of the 94th General
16Assembly shall be required to provide a specimen of blood,
17saliva, or tissue upon request at a collection site designated
18by the Illinois Department of State Police.
19    (a-3) Any person seeking transfer to or residency in
20Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
21Code, the Interstate Compact for Adult Offender Supervision,
22or the Interstate Agreements on Sexually Dangerous Persons Act
23shall be required to provide a specimen of blood, saliva, or
24tissue within 45 days after transfer to or residency in
25Illinois at a collection site designated by the Illinois
26Department of State Police.

 

 

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1    (a-3.1) Any person required by an order of the court to
2submit a DNA specimen shall be required to provide a specimen
3of blood, saliva, or tissue within 45 days after the court
4order at a collection site designated by the Illinois
5Department of State Police.
6    (a-3.2) On or after January 1, 2012 (the effective date of
7Public Act 97-383), any person arrested for any of the
8following offenses, after an indictment has been returned by a
9grand jury, or following a hearing pursuant to Section 109-3
10of the Code of Criminal Procedure of 1963 and a judge finds
11there is probable cause to believe the arrestee has committed
12one of the designated offenses, or an arrestee has waived a
13preliminary hearing shall be required to provide a specimen of
14blood, saliva, or tissue within 14 days after such indictment
15or hearing at a collection site designated by the Illinois
16Department of State Police:
17        (A) first degree murder;
18        (B) home invasion;
19        (C) predatory criminal sexual assault of a child;
20        (D) aggravated criminal sexual assault; or
21        (E) criminal sexual assault.
22    (a-3.3) Any person required to register as a sex offender
23under the Sex Offender Registration Act, regardless of the
24date of conviction as set forth in subsection (c-5.2) shall be
25required to provide a specimen of blood, saliva, or tissue
26within the time period prescribed in subsection (c-5.2) at a

 

 

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1collection site designated by the Illinois Department of State
2Police.
3    (a-5) Any person who was otherwise convicted of or
4received a disposition of court supervision for any other
5offense under the Criminal Code of 1961 or the Criminal Code of
62012 or who was found guilty or given supervision for such a
7violation under the Juvenile Court Act of 1987, may,
8regardless of the sentence imposed, be required by an order of
9the court to submit specimens of blood, saliva, or tissue to
10the Illinois Department of State Police in accordance with the
11provisions of this Section.
12    (b) Any person required by paragraphs (a)(1), (a)(1.5),
13(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
14saliva, or tissue shall provide specimens of blood, saliva, or
15tissue within 45 days after sentencing or disposition at a
16collection site designated by the Illinois Department of State
17Police.
18    (c) Any person required by paragraphs (a)(3), (a)(4), and
19(a)(4.5) to provide specimens of blood, saliva, or tissue
20shall be required to provide such specimens prior to final
21discharge or within 6 months from August 13, 2009 (the
22effective date of Public Act 96-426), whichever is sooner.
23These specimens shall be placed into the State or national DNA
24database, to be used in accordance with other provisions of
25this Act, by the Illinois State Police.
26    (c-5) Any person required by paragraph (a-3) to provide

 

 

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1specimens of blood, saliva, or tissue shall, where feasible,
2be required to provide the specimens before being accepted for
3conditioned residency in Illinois under the interstate compact
4or agreement, but no later than 45 days after arrival in this
5State.
6    (c-5.2) Unless it is determined that a registered sex
7offender has previously submitted a specimen of blood, saliva,
8or tissue that has been placed into the State DNA database, a
9person registering as a sex offender shall be required to
10submit a specimen at the time of his or her initial
11registration pursuant to the Sex Offender Registration Act or,
12for a person registered as a sex offender on or prior to
13January 1, 2012 (the effective date of Public Act 97-383),
14within one year of January 1, 2012 (the effective date of
15Public Act 97-383) or at the time of his or her next required
16registration.
17    (c-6) The Illinois Department of State Police may
18determine which type of specimen or specimens, blood, saliva,
19or tissue, is acceptable for submission to the Division of
20Forensic Services for analysis. The Illinois Department of
21State Police may require the submission of fingerprints from
22anyone required to give a specimen under this Act.
23    (d) The Illinois Department of State Police shall provide
24all equipment and instructions necessary for the collection of
25blood specimens. The collection of specimens shall be
26performed in a medically approved manner. Only a physician

 

 

SB2037- 2175 -LRB102 17120 WGH 22551 b

1authorized to practice medicine, a registered nurse or other
2qualified person trained in venipuncture may withdraw blood
3for the purposes of this Act. The specimens shall thereafter
4be forwarded to the Illinois Department of State Police,
5Division of Forensic Services, for analysis and categorizing
6into genetic marker groupings.
7    (d-1) The Illinois Department of State Police shall
8provide all equipment and instructions necessary for the
9collection of saliva specimens. The collection of saliva
10specimens shall be performed in a medically approved manner.
11Only a person trained in the instructions promulgated by the
12Illinois State Police on collecting saliva may collect saliva
13for the purposes of this Section. The specimens shall
14thereafter be forwarded to the Illinois Department of State
15Police, Division of Forensic Services, for analysis and
16categorizing into genetic marker groupings.
17    (d-2) The Illinois Department of State Police shall
18provide all equipment and instructions necessary for the
19collection of tissue specimens. The collection of tissue
20specimens shall be performed in a medically approved manner.
21Only a person trained in the instructions promulgated by the
22Illinois State Police on collecting tissue may collect tissue
23for the purposes of this Section. The specimens shall
24thereafter be forwarded to the Illinois Department of State
25Police, Division of Forensic Services, for analysis and
26categorizing into genetic marker groupings.

 

 

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1    (d-5) To the extent that funds are available, the Illinois
2Department of State Police shall contract with qualified
3personnel and certified laboratories for the collection,
4analysis, and categorization of known specimens, except as
5provided in subsection (n) of this Section.
6    (d-6) Agencies designated by the Illinois Department of
7State Police and the Illinois Department of State Police may
8contract with third parties to provide for the collection or
9analysis of DNA, or both, of an offender's blood, saliva, and
10tissue specimens, except as provided in subsection (n) of this
11Section.
12    (e) The genetic marker groupings shall be maintained by
13the Illinois Department of State Police, Division of Forensic
14Services.
15    (f) The genetic marker grouping analysis information
16obtained pursuant to this Act shall be confidential and shall
17be released only to peace officers of the United States, of
18other states or territories, of the insular possessions of the
19United States, of foreign countries duly authorized to receive
20the same, to all peace officers of the State of Illinois and to
21all prosecutorial agencies, and to defense counsel as provided
22by Section 116-5 of the Code of Criminal Procedure of 1963. The
23genetic marker grouping analysis information obtained pursuant
24to this Act shall be used only for (i) valid law enforcement
25identification purposes and as required by the Federal Bureau
26of Investigation for participation in the National DNA

 

 

SB2037- 2177 -LRB102 17120 WGH 22551 b

1database, (ii) technology validation purposes, (iii) a
2population statistics database, (iv) quality assurance
3purposes if personally identifying information is removed, (v)
4assisting in the defense of the criminally accused pursuant to
5Section 116-5 of the Code of Criminal Procedure of 1963, or
6(vi) identifying and assisting in the prosecution of a person
7who is suspected of committing a sexual assault as defined in
8Section 1a of the Sexual Assault Survivors Emergency Treatment
9Act. Notwithstanding any other statutory provision to the
10contrary, all information obtained under this Section shall be
11maintained in a single State data base, which may be uploaded
12into a national database, and which information may be subject
13to expungement only as set forth in subsection (f-1).
14    (f-1) Upon receipt of notification of a reversal of a
15conviction based on actual innocence, or of the granting of a
16pardon pursuant to Section 12 of Article V of the Illinois
17Constitution, if that pardon document specifically states that
18the reason for the pardon is the actual innocence of an
19individual whose DNA record has been stored in the State or
20national DNA identification index in accordance with this
21Section by the Illinois Department of State Police, the DNA
22record shall be expunged from the DNA identification index,
23and the Department shall by rule prescribe procedures to
24ensure that the record and any specimens, analyses, or other
25documents relating to such record, whether in the possession
26of the Department or any law enforcement or police agency, or

 

 

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1any forensic DNA laboratory, including any duplicates or
2copies thereof, are destroyed and a letter is sent to the court
3verifying the expungement is completed. For specimens required
4to be collected prior to conviction, unless the individual has
5other charges or convictions that require submission of a
6specimen, the DNA record for an individual shall be expunged
7from the DNA identification databases and the specimen
8destroyed upon receipt of a certified copy of a final court
9order for each charge against an individual in which the
10charge has been dismissed, resulted in acquittal, or that the
11charge was not filed within the applicable time period. The
12Department shall by rule prescribe procedures to ensure that
13the record and any specimens in the possession or control of
14the Department are destroyed and a letter is sent to the court
15verifying the expungement is completed.
16    (f-5) Any person who intentionally uses genetic marker
17grouping analysis information, or any other information
18derived from a DNA specimen, beyond the authorized uses as
19provided under this Section, or any other Illinois law, is
20guilty of a Class 4 felony, and shall be subject to a fine of
21not less than $5,000.
22    (f-6) The Illinois Department of State Police may contract
23with third parties for the purposes of implementing this
24amendatory Act of the 93rd General Assembly, except as
25provided in subsection (n) of this Section. Any other party
26contracting to carry out the functions of this Section shall

 

 

SB2037- 2179 -LRB102 17120 WGH 22551 b

1be subject to the same restrictions and requirements of this
2Section insofar as applicable, as the Illinois Department of
3State Police, and to any additional restrictions imposed by
4the Illinois Department of State Police.
5    (g) For the purposes of this Section, "qualifying offense"
6means any of the following:
7        (1) any violation or inchoate violation of Section
8    11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or
9    12-16 of the Criminal Code of 1961 or the Criminal Code of
10    2012;
11        (1.1) any violation or inchoate violation of Section
12    9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
13    18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of
14    1961 or the Criminal Code of 2012 for which persons are
15    convicted on or after July 1, 2001;
16        (2) any former statute of this State which defined a
17    felony sexual offense;
18        (3) (blank);
19        (4) any inchoate violation of Section 9-3.1, 9-3.4,
20    11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or
21    the Criminal Code of 2012; or
22        (5) any violation or inchoate violation of Article 29D
23    of the Criminal Code of 1961 or the Criminal Code of 2012.
24    (g-5) (Blank).
25    (h) The Illinois Department of State Police shall be the
26State central repository for all genetic marker grouping

 

 

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1analysis information obtained pursuant to this Act. The
2Illinois Department of State Police may promulgate rules for
3the form and manner of the collection of blood, saliva, or
4tissue specimens and other procedures for the operation of
5this Act. The provisions of the Administrative Review Law
6shall apply to all actions taken under the rules so
7promulgated.
8    (i) (1) A person required to provide a blood, saliva, or
9    tissue specimen shall cooperate with the collection of the
10    specimen and any deliberate act by that person intended to
11    impede, delay or stop the collection of the blood, saliva,
12    or tissue specimen is a Class 4 felony.
13        (2) In the event that a person's DNA specimen is not
14    adequate for any reason, the person shall provide another
15    DNA specimen for analysis. Duly authorized law enforcement
16    and corrections personnel may employ reasonable force in
17    cases in which an individual refuses to provide a DNA
18    specimen required under this Act.
19    (j) (Blank).
20    (k) All analysis and categorization assessments provided
21under the Criminal and Traffic Assessments Act to the State
22Offender DNA Identification System Fund shall be regulated as
23follows:
24        (1) The State Offender DNA Identification System Fund
25    is hereby created as a special fund in the State Treasury.
26        (2) (Blank).

 

 

SB2037- 2181 -LRB102 17120 WGH 22551 b

1        (3) Moneys deposited into the State Offender DNA
2    Identification System Fund shall be used by Illinois State
3    Police crime laboratories as designated by the Director of
4    the Illinois State Police. These funds shall be in
5    addition to any allocations made pursuant to existing laws
6    and shall be designated for the exclusive use of State
7    crime laboratories. These uses may include, but are not
8    limited to, the following:
9            (A) Costs incurred in providing analysis and
10        genetic marker categorization as required by
11        subsection (d).
12            (B) Costs incurred in maintaining genetic marker
13        groupings as required by subsection (e).
14            (C) Costs incurred in the purchase and maintenance
15        of equipment for use in performing analyses.
16            (D) Costs incurred in continuing research and
17        development of new techniques for analysis and genetic
18        marker categorization.
19            (E) Costs incurred in continuing education,
20        training, and professional development of forensic
21        scientists regularly employed by these laboratories.
22    (l) The failure of a person to provide a specimen, or of
23any person or agency to collect a specimen, shall in no way
24alter the obligation of the person to submit such specimen, or
25the authority of the Illinois Department of State Police or
26persons designated by the Department to collect the specimen,

 

 

SB2037- 2182 -LRB102 17120 WGH 22551 b

1or the authority of the Illinois Department of State Police to
2accept, analyze and maintain the specimen or to maintain or
3upload results of genetic marker grouping analysis information
4into a State or national database.
5    (m) If any provision of this amendatory Act of the 93rd
6General Assembly is held unconstitutional or otherwise
7invalid, the remainder of this amendatory Act of the 93rd
8General Assembly is not affected.
9    (n) Neither the Illinois Department of State Police, the
10Division of Forensic Services, nor any laboratory of the
11Division of Forensic Services may contract out forensic
12testing for the purpose of an active investigation or a matter
13pending before a court of competent jurisdiction without the
14written consent of the prosecuting agency. For the purposes of
15this subsection (n), "forensic testing" includes the analysis
16of physical evidence in an investigation or other proceeding
17for the prosecution of a violation of the Criminal Code of 1961
18or the Criminal Code of 2012 or for matters adjudicated under
19the Juvenile Court Act of 1987, and includes the use of
20forensic databases and databanks, including DNA, firearm, and
21fingerprint databases, and expert testimony.
22    (o) Mistake does not invalidate a database match. The
23detention, arrest, or conviction of a person based upon a
24database match or database information is not invalidated if
25it is determined that the specimen was obtained or placed in
26the database by mistake.

 

 

SB2037- 2183 -LRB102 17120 WGH 22551 b

1    (p) This Section may be referred to as the Illinois DNA
2Database Law of 2011.
3(Source: P.A. 100-987, eff. 7-1-19.)
 
4    (730 ILCS 5/5-4-3a)
5    Sec. 5-4-3a. DNA testing backlog accountability.
6    (a) On or before August 1 of each year, the Illinois
7Department of State Police shall report to the Governor and
8both houses of the General Assembly the following information:
9        (1) the extent of the backlog of cases awaiting
10    testing or awaiting DNA analysis by that Department,
11    including but not limited to those tests conducted under
12    Section 5-4-3, as of June 30 of the previous fiscal year,
13    with the backlog being defined as all cases awaiting
14    forensic testing whether in the physical custody of the
15    Illinois State Police or in the physical custody of local
16    law enforcement, provided that the Illinois State Police
17    have written notice of any evidence in the physical
18    custody of local law enforcement prior to June 1 of that
19    year; and
20        (2) what measures have been and are being taken to
21    reduce that backlog and the estimated costs or
22    expenditures in doing so.
23    (b) The information reported under this Section shall be
24made available to the public, at the time it is reported, on
25the official web site of the Illinois Department of State

 

 

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1Police.
2    (c) Beginning January 1, 2016, the Illinois Department of
3State Police shall quarterly report on the status of the
4processing of forensic biology and DNA evidence submitted to
5the Illinois Department of State Police Laboratory for
6analysis. The report shall be submitted to the Governor and
7the General Assembly, and shall be posted on the Illinois
8Department of State Police website. The report shall include
9the following for each Illinois State Police Laboratory
10location and any laboratory to which the Illinois Department
11of State Police has outsourced evidence for testing:
12        (1) For forensic biology submissions, report both
13    total case and sexual assault or abuse case (as defined by
14    the Sexual Assault Evidence Submission Act) figures for:
15            (A) The number of cases received in the preceding
16        quarter.
17            (B) The number of cases completed in the preceding
18        quarter.
19            (C) The number of cases waiting analysis.
20            (D) The number of cases sent for outsourcing.
21            (E) The number of cases waiting analysis that were
22        received within the past 30 days.
23            (F) The number of cases waiting analysis that were
24        received 31 to 90 days prior.
25            (G) The number of cases waiting analysis that were
26        received 91 to 180 days prior.

 

 

SB2037- 2185 -LRB102 17120 WGH 22551 b

1            (H) The number of cases waiting analysis that were
2        received 181 to 365 days prior.
3            (I) The number of cases waiting analysis that were
4        received more than 365 days prior.
5            (J) The number of cases forwarded for DNA
6        analyses.
7        (2) For DNA submissions, report both total case and
8    sexual assault or abuse case (as defined by the Sexual
9    Assault Evidence Submission Act) figures for:
10            (A) The number of cases received in the preceding
11        quarter.
12            (B) The number of cases completed in the preceding
13        quarter.
14            (C) The number of cases waiting analysis.
15            (D) The number of cases sent for outsourcing.
16            (E) The number of cases waiting analysis that were
17        received within the past 30 days.
18            (F) The number of cases waiting analysis that were
19        received 31 to 90 days prior.
20            (G) The number of cases waiting analysis that were
21        received 91 to 180 days prior.
22            (H) The number of cases waiting analysis that were
23        received 181 to 365 days prior.
24            (I) The number of cases waiting analysis that were
25        received more than 365 days prior.
26        (3) For all other categories of testing (e.g., drug

 

 

SB2037- 2186 -LRB102 17120 WGH 22551 b

1    chemistry, firearms/toolmark, footwear/tire track, latent
2    prints, toxicology, and trace chemistry analysis):
3            (A) The number of cases received in the preceding
4        quarter.
5            (B) The number of cases completed in the preceding
6        quarter.
7            (C) The number of cases waiting analysis.
8        (4) For the Combined DNA Index System (CODIS), report
9    both total case and sexual assault or abuse case (as
10    defined by the Sexual Assault Evidence Submission Act)
11    figures for subparagraphs (D), (E), and (F) of this
12    paragraph (4):
13            (A) The number of new offender samples received in
14        the preceding quarter.
15            (B) The number of offender samples uploaded to
16        CODIS in the preceding quarter.
17            (C) The number of offender samples awaiting
18        analysis.
19            (D) The number of unknown DNA case profiles
20        uploaded to CODIS in the preceding quarter.
21            (E) The number of CODIS hits in the preceding
22        quarter.
23            (F) The number of forensic evidence submissions
24        submitted to confirm a previously reported CODIS hit.
25        (5) For each category of testing, report the number of
26    trained forensic scientists and the number of forensic

 

 

SB2037- 2187 -LRB102 17120 WGH 22551 b

1    scientists in training.
2    As used in this subsection (c), "completed" means
3completion of both the analysis of the evidence and the
4provision of the results to the submitting law enforcement
5agency.
6    (d) The provisions of this subsection (d), other than this
7sentence, are inoperative on and after January 1, 2019 or 2
8years after the effective date of this amendatory Act of the
999th General Assembly, whichever is later. In consultation
10with and subject to the approval of the Chief Procurement
11Officer, the Illinois Department of State Police may obtain
12contracts for services, commodities, and equipment to assist
13in the timely completion of forensic biology, DNA, drug
14chemistry, firearms/toolmark, footwear/tire track, latent
15prints, toxicology, microscopy, trace chemistry, and Combined
16DNA Index System (CODIS) analysis. Contracts to support the
17delivery of timely forensic science services are not subject
18to the provisions of the Illinois Procurement Code, except for
19Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of
20that Code, provided that the Chief Procurement Officer may, in
21writing with justification, waive any certification required
22under Article 50 of the Illinois Procurement Code. For any
23contracts for services which are currently provided by members
24of a collective bargaining agreement, the applicable terms of
25the collective bargaining agreement concerning subcontracting
26shall be followed.

 

 

SB2037- 2188 -LRB102 17120 WGH 22551 b

1(Source: P.A. 99-352, eff. 1-1-16; 99-801, eff. 1-1-17.)
 
2    (730 ILCS 5/5-4-3b)
3    Sec. 5-4-3b. Electronic Laboratory Information Management
4System.
5    (a) The Illinois Department of State Police shall obtain,
6implement, and maintain an Electronic Laboratory Information
7Management System (LIMS) to efficiently and effectively track
8all evidence submitted for forensic testing. At a minimum, the
9LIMS shall record:
10        (1) the criminal offense or suspected criminal offense
11    for which the evidence is being submitted;
12        (2) the law enforcement agency submitting the
13    evidence;
14        (3) the name of the victim;
15        (4) the law enforcement agency case number;
16        (5) the Illinois State Police Laboratory case number;
17        (6) the date the evidence was received by the Illinois
18    State Police Laboratory;
19        (7) if the Illinois State Police Laboratory sent the
20    evidence for analysis to another designated laboratory,
21    the name of the laboratory and the date the evidence was
22    sent to that laboratory; and
23        (8) the date and description of any results or
24    information regarding the analysis sent to the submitting
25    law enforcement agency by the Illinois State Police

 

 

SB2037- 2189 -LRB102 17120 WGH 22551 b

1    Laboratory or any other designated laboratory.
2    The LIMS shall also link multiple forensic evidence
3submissions pertaining to a single criminal investigation such
4that evidence submitted to confirm a previously reported
5Combined DNA Index System (CODIS) hit in a State or federal
6database can be linked to the initial evidence submission. The
7LIMS shall be such that the system provides ease of
8interoperability with law enforcement agencies for evidence
9submission and reporting, as well as supports expansion
10capabilities for future internal networking and laboratory
11operations.
12    (b) The Illinois Department of State Police, in
13consultation with and subject to the approval of the Chief
14Procurement Officer, may procure a single contract or multiple
15contracts to implement the provisions of this Section. A
16contract or contracts under this subsection are not subject to
17the provisions of the Illinois Procurement Code, except for
18Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of
19that Code, provided that the Chief Procurement Officer may, in
20writing with justification, waive any certification required
21under Article 50 of the Illinois Procurement Code. This
22exemption is inoperative 2 years from January 1, 2016 (the
23effective date of Public Act 99-352).
24(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
 
25    (730 ILCS 5/5-5-4)  (from Ch. 38, par. 1005-5-4)

 

 

SB2037- 2190 -LRB102 17120 WGH 22551 b

1    Sec. 5-5-4. Resentences.
2    (a) Where a conviction or sentence has been set aside on
3direct review or on collateral attack, the court shall not
4impose a new sentence for the same offense or for a different
5offense based on the same conduct which is more severe than the
6prior sentence less the portion of the prior sentence
7previously satisfied unless the more severe sentence is based
8upon conduct on the part of the defendant occurring after the
9original sentencing. If a sentence is vacated on appeal or on
10collateral attack due to the failure of the trier of fact at
11trial to determine beyond a reasonable doubt the existence of
12a fact (other than a prior conviction) necessary to increase
13the punishment for the offense beyond the statutory maximum
14otherwise applicable, either the defendant may be re-sentenced
15to a term within the range otherwise provided or, if the State
16files notice of its intention to again seek the extended
17sentence, the defendant shall be afforded a new trial.
18    (b) If a conviction or sentence has been set aside on
19direct review or on collateral attack and the court determines
20by clear and convincing evidence that the defendant was
21factually innocent of the charge, the court shall enter an
22order expunging the record of arrest from the official records
23of the arresting authority and order that the records of the
24clerk of the circuit court and Illinois Department of State
25Police be sealed until further order of the court upon good
26cause shown or as otherwise provided herein, and the name of

 

 

SB2037- 2191 -LRB102 17120 WGH 22551 b

1the defendant obliterated from the official index requested to
2be kept by the circuit court clerk under Section 16 of the
3Clerks of Courts Act in connection with the arrest and
4conviction for the offense but the order shall not affect any
5index issued by the circuit court clerk before the entry of the
6order. The court shall enter the expungement order regardless
7of whether the defendant has prior criminal convictions.
8    All records sealed by the Illinois Department of State
9Police may be disseminated by the Department only as required
10by law or to the arresting authority, the State's Attorney,
11the court upon a later arrest for the same or similar offense,
12or for the purpose of sentencing for any subsequent felony.
13Upon conviction for any subsequent offense, the Department of
14Corrections shall have access to all sealed records of the
15Department pertaining to that individual.
16    Upon entry of the order of expungement, the clerk of the
17circuit court shall promptly mail a copy of the order to the
18person whose records were expunged and sealed.
19    (c) If a conviction has been vacated as a result of a claim
20of actual innocence based on newly discovered evidence made
21under Section 122-1 of the Code of Criminal Procedure of 1963
22or Section 2-1401 of the Code of Civil Procedure, and the
23provisions of paragraphs (1) and (2) of subsection (g) of
24Section 2-702 of the Code of Civil Procedure are otherwise
25satisfied, the court shall enter an order for a certificate of
26innocence and an order expunging the conviction for which the

 

 

SB2037- 2192 -LRB102 17120 WGH 22551 b

1petitioner has been determined to be innocent as provided in
2subsection (h) of Section 2-702 of the Code of Civil
3Procedure.
4(Source: P.A. 98-133, eff. 1-1-14.)
 
5    (730 ILCS 5/5-5.5-40)
6    Sec. 5-5.5-40. Forms and filing.
7    (a) All applications, certificates, and orders of
8revocation necessary for the purposes of this Article shall be
9upon forms prescribed by the Chief Justice of the Supreme
10Court or his or her designee. The forms relating to
11certificates of relief from disabilities and certificates of
12good conduct shall be distributed by the Director of the
13Division of Probation Services.
14    (b) Any court or board issuing or revoking any certificate
15under this Article shall immediately file a copy of the
16certificate or of the order of revocation with the Director of
17the Illinois State Police.
18(Source: P.A. 96-852, eff. 1-1-10.)
 
19    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
20    Sec. 5-6-3. Conditions of probation and of conditional
21discharge.
22    (a) The conditions of probation and of conditional
23discharge shall be that the person:
24        (1) not violate any criminal statute of any

 

 

SB2037- 2193 -LRB102 17120 WGH 22551 b

1    jurisdiction;
2        (2) report to or appear in person before such person
3    or agency as directed by the court;
4        (3) refrain from possessing a firearm or other
5    dangerous weapon where the offense is a felony or, if a
6    misdemeanor, the offense involved the intentional or
7    knowing infliction of bodily harm or threat of bodily
8    harm;
9        (4) not leave the State without the consent of the
10    court or, in circumstances in which the reason for the
11    absence is of such an emergency nature that prior consent
12    by the court is not possible, without the prior
13    notification and approval of the person's probation
14    officer. Transfer of a person's probation or conditional
15    discharge supervision to another state is subject to
16    acceptance by the other state pursuant to the Interstate
17    Compact for Adult Offender Supervision;
18        (5) permit the probation officer to visit him at his
19    home or elsewhere to the extent necessary to discharge his
20    duties;
21        (6) perform no less than 30 hours of community service
22    and not more than 120 hours of community service, if
23    community service is available in the jurisdiction and is
24    funded and approved by the county board where the offense
25    was committed, where the offense was related to or in
26    furtherance of the criminal activities of an organized

 

 

SB2037- 2194 -LRB102 17120 WGH 22551 b

1    gang and was motivated by the offender's membership in or
2    allegiance to an organized gang. The community service
3    shall include, but not be limited to, the cleanup and
4    repair of any damage caused by a violation of Section
5    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
6    2012 and similar damage to property located within the
7    municipality or county in which the violation occurred.
8    When possible and reasonable, the community service should
9    be performed in the offender's neighborhood. For purposes
10    of this Section, "organized gang" has the meaning ascribed
11    to it in Section 10 of the Illinois Streetgang Terrorism
12    Omnibus Prevention Act. The court may give credit toward
13    the fulfillment of community service hours for
14    participation in activities and treatment as determined by
15    court services;
16        (7) if he or she is at least 17 years of age and has
17    been sentenced to probation or conditional discharge for a
18    misdemeanor or felony in a county of 3,000,000 or more
19    inhabitants and has not been previously convicted of a
20    misdemeanor or felony, may be required by the sentencing
21    court to attend educational courses designed to prepare
22    the defendant for a high school diploma and to work toward
23    a high school diploma or to work toward passing high
24    school equivalency testing or to work toward completing a
25    vocational training program approved by the court. The
26    person on probation or conditional discharge must attend a

 

 

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1    public institution of education to obtain the educational
2    or vocational training required by this paragraph (7). The
3    court shall revoke the probation or conditional discharge
4    of a person who willfully wilfully fails to comply with
5    this paragraph (7). The person on probation or conditional
6    discharge shall be required to pay for the cost of the
7    educational courses or high school equivalency testing if
8    a fee is charged for those courses or testing. The court
9    shall resentence the offender whose probation or
10    conditional discharge has been revoked as provided in
11    Section 5-6-4. This paragraph (7) does not apply to a
12    person who has a high school diploma or has successfully
13    passed high school equivalency testing. This paragraph (7)
14    does not apply to a person who is determined by the court
15    to be a person with a developmental disability or
16    otherwise mentally incapable of completing the educational
17    or vocational program;
18        (8) if convicted of possession of a substance
19    prohibited by the Cannabis Control Act, the Illinois
20    Controlled Substances Act, or the Methamphetamine Control
21    and Community Protection Act after a previous conviction
22    or disposition of supervision for possession of a
23    substance prohibited by the Cannabis Control Act or
24    Illinois Controlled Substances Act or after a sentence of
25    probation under Section 10 of the Cannabis Control Act,
26    Section 410 of the Illinois Controlled Substances Act, or

 

 

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1    Section 70 of the Methamphetamine Control and Community
2    Protection Act and upon a finding by the court that the
3    person is addicted, undergo treatment at a substance abuse
4    program approved by the court;
5        (8.5) if convicted of a felony sex offense as defined
6    in the Sex Offender Management Board Act, the person shall
7    undergo and successfully complete sex offender treatment
8    by a treatment provider approved by the Board and
9    conducted in conformance with the standards developed
10    under the Sex Offender Management Board Act;
11        (8.6) if convicted of a sex offense as defined in the
12    Sex Offender Management Board Act, refrain from residing
13    at the same address or in the same condominium unit or
14    apartment unit or in the same condominium complex or
15    apartment complex with another person he or she knows or
16    reasonably should know is a convicted sex offender or has
17    been placed on supervision for a sex offense; the
18    provisions of this paragraph do not apply to a person
19    convicted of a sex offense who is placed in a Department of
20    Corrections licensed transitional housing facility for sex
21    offenders;
22        (8.7) if convicted for an offense committed on or
23    after June 1, 2008 (the effective date of Public Act
24    95-464) that would qualify the accused as a child sex
25    offender as defined in Section 11-9.3 or 11-9.4 of the
26    Criminal Code of 1961 or the Criminal Code of 2012,

 

 

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1    refrain from communicating with or contacting, by means of
2    the Internet, a person who is not related to the accused
3    and whom the accused reasonably believes to be under 18
4    years of age; for purposes of this paragraph (8.7),
5    "Internet" has the meaning ascribed to it in Section
6    16-0.1 of the Criminal Code of 2012; and a person is not
7    related to the accused if the person is not: (i) the
8    spouse, brother, or sister of the accused; (ii) a
9    descendant of the accused; (iii) a first or second cousin
10    of the accused; or (iv) a step-child or adopted child of
11    the accused;
12        (8.8) if convicted for an offense under Section 11-6,
13    11-9.1, 11-14.4 that involves soliciting for a juvenile
14    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
15    of the Criminal Code of 1961 or the Criminal Code of 2012,
16    or any attempt to commit any of these offenses, committed
17    on or after June 1, 2009 (the effective date of Public Act
18    95-983):
19            (i) not access or use a computer or any other
20        device with Internet capability without the prior
21        written approval of the offender's probation officer,
22        except in connection with the offender's employment or
23        search for employment with the prior approval of the
24        offender's probation officer;
25            (ii) submit to periodic unannounced examinations
26        of the offender's computer or any other device with

 

 

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1        Internet capability by the offender's probation
2        officer, a law enforcement officer, or assigned
3        computer or information technology specialist,
4        including the retrieval and copying of all data from
5        the computer or device and any internal or external
6        peripherals and removal of such information,
7        equipment, or device to conduct a more thorough
8        inspection;
9            (iii) submit to the installation on the offender's
10        computer or device with Internet capability, at the
11        offender's expense, of one or more hardware or
12        software systems to monitor the Internet use; and
13            (iv) submit to any other appropriate restrictions
14        concerning the offender's use of or access to a
15        computer or any other device with Internet capability
16        imposed by the offender's probation officer;
17        (8.9) if convicted of a sex offense as defined in the
18    Sex Offender Registration Act committed on or after
19    January 1, 2010 (the effective date of Public Act 96-262),
20    refrain from accessing or using a social networking
21    website as defined in Section 17-0.5 of the Criminal Code
22    of 2012;
23        (9) if convicted of a felony or of any misdemeanor
24    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
25    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
26    2012 that was determined, pursuant to Section 112A-11.1 of

 

 

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1    the Code of Criminal Procedure of 1963, to trigger the
2    prohibitions of 18 U.S.C. 922(g)(9), physically surrender
3    at a time and place designated by the court, his or her
4    Firearm Owner's Identification Card and any and all
5    firearms in his or her possession. The Court shall return
6    to the Illinois Department of State Police Firearm Owner's
7    Identification Card Office the person's Firearm Owner's
8    Identification Card;
9        (10) if convicted of a sex offense as defined in
10    subsection (a-5) of Section 3-1-2 of this Code, unless the
11    offender is a parent or guardian of the person under 18
12    years of age present in the home and no non-familial
13    minors are present, not participate in a holiday event
14    involving children under 18 years of age, such as
15    distributing candy or other items to children on
16    Halloween, wearing a Santa Claus costume on or preceding
17    Christmas, being employed as a department store Santa
18    Claus, or wearing an Easter Bunny costume on or preceding
19    Easter;
20        (11) if convicted of a sex offense as defined in
21    Section 2 of the Sex Offender Registration Act committed
22    on or after January 1, 2010 (the effective date of Public
23    Act 96-362) that requires the person to register as a sex
24    offender under that Act, may not knowingly use any
25    computer scrub software on any computer that the sex
26    offender uses;

 

 

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1        (12) if convicted of a violation of the
2    Methamphetamine Control and Community Protection Act, the
3    Methamphetamine Precursor Control Act, or a
4    methamphetamine related offense:
5            (A) prohibited from purchasing, possessing, or
6        having under his or her control any product containing
7        pseudoephedrine unless prescribed by a physician; and
8            (B) prohibited from purchasing, possessing, or
9        having under his or her control any product containing
10        ammonium nitrate; and
11        (13) if convicted of a hate crime involving the
12    protected class identified in subsection (a) of Section
13    12-7.1 of the Criminal Code of 2012 that gave rise to the
14    offense the offender committed, perform public or
15    community service of no less than 200 hours and enroll in
16    an educational program discouraging hate crimes that
17    includes racial, ethnic, and cultural sensitivity training
18    ordered by the court.
19    (b) The Court may in addition to other reasonable
20conditions relating to the nature of the offense or the
21rehabilitation of the defendant as determined for each
22defendant in the proper discretion of the Court require that
23the person:
24        (1) serve a term of periodic imprisonment under
25    Article 7 for a period not to exceed that specified in
26    paragraph (d) of Section 5-7-1;

 

 

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1        (2) pay a fine and costs;
2        (3) work or pursue a course of study or vocational
3    training;
4        (4) undergo medical, psychological or psychiatric
5    treatment; or treatment for drug addiction or alcoholism;
6        (5) attend or reside in a facility established for the
7    instruction or residence of defendants on probation;
8        (6) support his dependents;
9        (7) and in addition, if a minor:
10            (i) reside with his parents or in a foster home;
11            (ii) attend school;
12            (iii) attend a non-residential program for youth;
13            (iv) contribute to his own support at home or in a
14        foster home;
15            (v) with the consent of the superintendent of the
16        facility, attend an educational program at a facility
17        other than the school in which the offense was
18        committed if he or she is convicted of a crime of
19        violence as defined in Section 2 of the Crime Victims
20        Compensation Act committed in a school, on the real
21        property comprising a school, or within 1,000 feet of
22        the real property comprising a school;
23        (8) make restitution as provided in Section 5-5-6 of
24    this Code;
25        (9) perform some reasonable public or community
26    service;

 

 

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1        (10) serve a term of home confinement. In addition to
2    any other applicable condition of probation or conditional
3    discharge, the conditions of home confinement shall be
4    that the offender:
5            (i) remain within the interior premises of the
6        place designated for his confinement during the hours
7        designated by the court;
8            (ii) admit any person or agent designated by the
9        court into the offender's place of confinement at any
10        time for purposes of verifying the offender's
11        compliance with the conditions of his confinement; and
12            (iii) if further deemed necessary by the court or
13        the Probation or Court Services Department, be placed
14        on an approved electronic monitoring device, subject
15        to Article 8A of Chapter V;
16            (iv) for persons convicted of any alcohol,
17        cannabis or controlled substance violation who are
18        placed on an approved monitoring device as a condition
19        of probation or conditional discharge, the court shall
20        impose a reasonable fee for each day of the use of the
21        device, as established by the county board in
22        subsection (g) of this Section, unless after
23        determining the inability of the offender to pay the
24        fee, the court assesses a lesser fee or no fee as the
25        case may be. This fee shall be imposed in addition to
26        the fees imposed under subsections (g) and (i) of this

 

 

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1        Section. The fee shall be collected by the clerk of the
2        circuit court, except as provided in an administrative
3        order of the Chief Judge of the circuit court. The
4        clerk of the circuit court shall pay all monies
5        collected from this fee to the county treasurer for
6        deposit in the substance abuse services fund under
7        Section 5-1086.1 of the Counties Code, except as
8        provided in an administrative order of the Chief Judge
9        of the circuit court.
10            The Chief Judge of the circuit court of the county
11        may by administrative order establish a program for
12        electronic monitoring of offenders, in which a vendor
13        supplies and monitors the operation of the electronic
14        monitoring device, and collects the fees on behalf of
15        the county. The program shall include provisions for
16        indigent offenders and the collection of unpaid fees.
17        The program shall not unduly burden the offender and
18        shall be subject to review by the Chief Judge.
19            The Chief Judge of the circuit court may suspend
20        any additional charges or fees for late payment,
21        interest, or damage to any device; and
22            (v) for persons convicted of offenses other than
23        those referenced in clause (iv) above and who are
24        placed on an approved monitoring device as a condition
25        of probation or conditional discharge, the court shall
26        impose a reasonable fee for each day of the use of the

 

 

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1        device, as established by the county board in
2        subsection (g) of this Section, unless after
3        determining the inability of the defendant to pay the
4        fee, the court assesses a lesser fee or no fee as the
5        case may be. This fee shall be imposed in addition to
6        the fees imposed under subsections (g) and (i) of this
7        Section. The fee shall be collected by the clerk of the
8        circuit court, except as provided in an administrative
9        order of the Chief Judge of the circuit court. The
10        clerk of the circuit court shall pay all monies
11        collected from this fee to the county treasurer who
12        shall use the monies collected to defray the costs of
13        corrections. The county treasurer shall deposit the
14        fee collected in the probation and court services
15        fund. The Chief Judge of the circuit court of the
16        county may by administrative order establish a program
17        for electronic monitoring of offenders, in which a
18        vendor supplies and monitors the operation of the
19        electronic monitoring device, and collects the fees on
20        behalf of the county. The program shall include
21        provisions for indigent offenders and the collection
22        of unpaid fees. The program shall not unduly burden
23        the offender and shall be subject to review by the
24        Chief Judge.
25            The Chief Judge of the circuit court may suspend
26        any additional charges or fees for late payment,

 

 

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1        interest, or damage to any device.
2        (11) comply with the terms and conditions of an order
3    of protection issued by the court pursuant to the Illinois
4    Domestic Violence Act of 1986, as now or hereafter
5    amended, or an order of protection issued by the court of
6    another state, tribe, or United States territory. A copy
7    of the order of protection shall be transmitted to the
8    probation officer or agency having responsibility for the
9    case;
10        (12) reimburse any "local anti-crime program" as
11    defined in Section 7 of the Anti-Crime Advisory Council
12    Act for any reasonable expenses incurred by the program on
13    the offender's case, not to exceed the maximum amount of
14    the fine authorized for the offense for which the
15    defendant was sentenced;
16        (13) contribute a reasonable sum of money, not to
17    exceed the maximum amount of the fine authorized for the
18    offense for which the defendant was sentenced, (i) to a
19    "local anti-crime program", as defined in Section 7 of the
20    Anti-Crime Advisory Council Act, or (ii) for offenses
21    under the jurisdiction of the Department of Natural
22    Resources, to the fund established by the Department of
23    Natural Resources for the purchase of evidence for
24    investigation purposes and to conduct investigations as
25    outlined in Section 805-105 of the Department of Natural
26    Resources (Conservation) Law;

 

 

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1        (14) refrain from entering into a designated
2    geographic area except upon such terms as the court finds
3    appropriate. Such terms may include consideration of the
4    purpose of the entry, the time of day, other persons
5    accompanying the defendant, and advance approval by a
6    probation officer, if the defendant has been placed on
7    probation or advance approval by the court, if the
8    defendant was placed on conditional discharge;
9        (15) refrain from having any contact, directly or
10    indirectly, with certain specified persons or particular
11    types of persons, including but not limited to members of
12    street gangs and drug users or dealers;
13        (16) refrain from having in his or her body the
14    presence of any illicit drug prohibited by the Cannabis
15    Control Act, the Illinois Controlled Substances Act, or
16    the Methamphetamine Control and Community Protection Act,
17    unless prescribed by a physician, and submit samples of
18    his or her blood or urine or both for tests to determine
19    the presence of any illicit drug;
20        (17) if convicted for an offense committed on or after
21    June 1, 2008 (the effective date of Public Act 95-464)
22    that would qualify the accused as a child sex offender as
23    defined in Section 11-9.3 or 11-9.4 of the Criminal Code
24    of 1961 or the Criminal Code of 2012, refrain from
25    communicating with or contacting, by means of the
26    Internet, a person who is related to the accused and whom

 

 

SB2037- 2207 -LRB102 17120 WGH 22551 b

1    the accused reasonably believes to be under 18 years of
2    age; for purposes of this paragraph (17), "Internet" has
3    the meaning ascribed to it in Section 16-0.1 of the
4    Criminal Code of 2012; and a person is related to the
5    accused if the person is: (i) the spouse, brother, or
6    sister of the accused; (ii) a descendant of the accused;
7    (iii) a first or second cousin of the accused; or (iv) a
8    step-child or adopted child of the accused;
9        (18) if convicted for an offense committed on or after
10    June 1, 2009 (the effective date of Public Act 95-983)
11    that would qualify as a sex offense as defined in the Sex
12    Offender Registration Act:
13            (i) not access or use a computer or any other
14        device with Internet capability without the prior
15        written approval of the offender's probation officer,
16        except in connection with the offender's employment or
17        search for employment with the prior approval of the
18        offender's probation officer;
19            (ii) submit to periodic unannounced examinations
20        of the offender's computer or any other device with
21        Internet capability by the offender's probation
22        officer, a law enforcement officer, or assigned
23        computer or information technology specialist,
24        including the retrieval and copying of all data from
25        the computer or device and any internal or external
26        peripherals and removal of such information,

 

 

SB2037- 2208 -LRB102 17120 WGH 22551 b

1        equipment, or device to conduct a more thorough
2        inspection;
3            (iii) submit to the installation on the offender's
4        computer or device with Internet capability, at the
5        subject's expense, of one or more hardware or software
6        systems to monitor the Internet use; and
7            (iv) submit to any other appropriate restrictions
8        concerning the offender's use of or access to a
9        computer or any other device with Internet capability
10        imposed by the offender's probation officer; and
11        (19) refrain from possessing a firearm or other
12    dangerous weapon where the offense is a misdemeanor that
13    did not involve the intentional or knowing infliction of
14    bodily harm or threat of bodily harm.
15    (c) The court may as a condition of probation or of
16conditional discharge require that a person under 18 years of
17age found guilty of any alcohol, cannabis or controlled
18substance violation, refrain from acquiring a driver's license
19during the period of probation or conditional discharge. If
20such person is in possession of a permit or license, the court
21may require that the minor refrain from driving or operating
22any motor vehicle during the period of probation or
23conditional discharge, except as may be necessary in the
24course of the minor's lawful employment.
25    (d) An offender sentenced to probation or to conditional
26discharge shall be given a certificate setting forth the

 

 

SB2037- 2209 -LRB102 17120 WGH 22551 b

1conditions thereof.
2    (e) Except where the offender has committed a fourth or
3subsequent violation of subsection (c) of Section 6-303 of the
4Illinois Vehicle Code, the court shall not require as a
5condition of the sentence of probation or conditional
6discharge that the offender be committed to a period of
7imprisonment in excess of 6 months. This 6-month limit shall
8not include periods of confinement given pursuant to a
9sentence of county impact incarceration under Section 5-8-1.2.
10    Persons committed to imprisonment as a condition of
11probation or conditional discharge shall not be committed to
12the Department of Corrections.
13    (f) The court may combine a sentence of periodic
14imprisonment under Article 7 or a sentence to a county impact
15incarceration program under Article 8 with a sentence of
16probation or conditional discharge.
17    (g) An offender sentenced to probation or to conditional
18discharge and who during the term of either undergoes
19mandatory drug or alcohol testing, or both, or is assigned to
20be placed on an approved electronic monitoring device, shall
21be ordered to pay all costs incidental to such mandatory drug
22or alcohol testing, or both, and all costs incidental to such
23approved electronic monitoring in accordance with the
24defendant's ability to pay those costs. The county board with
25the concurrence of the Chief Judge of the judicial circuit in
26which the county is located shall establish reasonable fees

 

 

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1for the cost of maintenance, testing, and incidental expenses
2related to the mandatory drug or alcohol testing, or both, and
3all costs incidental to approved electronic monitoring,
4involved in a successful probation program for the county. The
5concurrence of the Chief Judge shall be in the form of an
6administrative order. The fees shall be collected by the clerk
7of the circuit court, except as provided in an administrative
8order of the Chief Judge of the circuit court. The clerk of the
9circuit court shall pay all moneys collected from these fees
10to the county treasurer who shall use the moneys collected to
11defray the costs of drug testing, alcohol testing, and
12electronic monitoring. The county treasurer shall deposit the
13fees collected in the county working cash fund under Section
146-27001 or Section 6-29002 of the Counties Code, as the case
15may be. The Chief Judge of the circuit court of the county may
16by administrative order establish a program for electronic
17monitoring of offenders, in which a vendor supplies and
18monitors the operation of the electronic monitoring device,
19and collects the fees on behalf of the county. The program
20shall include provisions for indigent offenders and the
21collection of unpaid fees. The program shall not unduly burden
22the offender and shall be subject to review by the Chief Judge.
23    The Chief Judge of the circuit court may suspend any
24additional charges or fees for late payment, interest, or
25damage to any device.
26    (h) Jurisdiction over an offender may be transferred from

 

 

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1the sentencing court to the court of another circuit with the
2concurrence of both courts. Further transfers or retransfers
3of jurisdiction are also authorized in the same manner. The
4court to which jurisdiction has been transferred shall have
5the same powers as the sentencing court. The probation
6department within the circuit to which jurisdiction has been
7transferred, or which has agreed to provide supervision, may
8impose probation fees upon receiving the transferred offender,
9as provided in subsection (i). For all transfer cases, as
10defined in Section 9b of the Probation and Probation Officers
11Act, the probation department from the original sentencing
12court shall retain all probation fees collected prior to the
13transfer. After the transfer, all probation fees shall be paid
14to the probation department within the circuit to which
15jurisdiction has been transferred.
16    (i) The court shall impose upon an offender sentenced to
17probation after January 1, 1989 or to conditional discharge
18after January 1, 1992 or to community service under the
19supervision of a probation or court services department after
20January 1, 2004, as a condition of such probation or
21conditional discharge or supervised community service, a fee
22of $50 for each month of probation or conditional discharge
23supervision or supervised community service ordered by the
24court, unless after determining the inability of the person
25sentenced to probation or conditional discharge or supervised
26community service to pay the fee, the court assesses a lesser

 

 

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1fee. The court may not impose the fee on a minor who is placed
2in the guardianship or custody of the Department of Children
3and Family Services under the Juvenile Court Act of 1987 while
4the minor is in placement. The fee shall be imposed only upon
5an offender who is actively supervised by the probation and
6court services department. The fee shall be collected by the
7clerk of the circuit court. The clerk of the circuit court
8shall pay all monies collected from this fee to the county
9treasurer for deposit in the probation and court services fund
10under Section 15.1 of the Probation and Probation Officers
11Act.
12    A circuit court may not impose a probation fee under this
13subsection (i) in excess of $25 per month unless the circuit
14court has adopted, by administrative order issued by the chief
15judge, a standard probation fee guide determining an
16offender's ability to pay. Of the amount collected as a
17probation fee, up to $5 of that fee collected per month may be
18used to provide services to crime victims and their families.
19    The Court may only waive probation fees based on an
20offender's ability to pay. The probation department may
21re-evaluate an offender's ability to pay every 6 months, and,
22with the approval of the Director of Court Services or the
23Chief Probation Officer, adjust the monthly fee amount. An
24offender may elect to pay probation fees due in a lump sum. Any
25offender that has been assigned to the supervision of a
26probation department, or has been transferred either under

 

 

SB2037- 2213 -LRB102 17120 WGH 22551 b

1subsection (h) of this Section or under any interstate
2compact, shall be required to pay probation fees to the
3department supervising the offender, based on the offender's
4ability to pay.
5    Public Act 93-970 deletes the $10 increase in the fee
6under this subsection that was imposed by Public Act 93-616.
7This deletion is intended to control over any other Act of the
893rd General Assembly that retains or incorporates that fee
9increase.
10    (i-5) In addition to the fees imposed under subsection (i)
11of this Section, in the case of an offender convicted of a
12felony sex offense (as defined in the Sex Offender Management
13Board Act) or an offense that the court or probation
14department has determined to be sexually motivated (as defined
15in the Sex Offender Management Board Act), the court or the
16probation department shall assess additional fees to pay for
17all costs of treatment, assessment, evaluation for risk and
18treatment, and monitoring the offender, based on that
19offender's ability to pay those costs either as they occur or
20under a payment plan.
21    (j) All fines and costs imposed under this Section for any
22violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
23Code, or a similar provision of a local ordinance, and any
24violation of the Child Passenger Protection Act, or a similar
25provision of a local ordinance, shall be collected and
26disbursed by the circuit clerk as provided under the Criminal

 

 

SB2037- 2214 -LRB102 17120 WGH 22551 b

1and Traffic Assessment Act.
2    (k) Any offender who is sentenced to probation or
3conditional discharge for a felony sex offense as defined in
4the Sex Offender Management Board Act or any offense that the
5court or probation department has determined to be sexually
6motivated as defined in the Sex Offender Management Board Act
7shall be required to refrain from any contact, directly or
8indirectly, with any persons specified by the court and shall
9be available for all evaluations and treatment programs
10required by the court or the probation department.
11    (l) The court may order an offender who is sentenced to
12probation or conditional discharge for a violation of an order
13of protection be placed under electronic surveillance as
14provided in Section 5-8A-7 of this Code.
15(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;
16100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.
171-8-18; 100-987, eff. 7-1-19; revised 7-12-19.)
 
18    (730 ILCS 5/5-9-1.2)  (from Ch. 38, par. 1005-9-1.2)
19    Sec. 5-9-1.2. (a) Twelve and one-half percent of all
20amounts collected as fines pursuant to Section 5-9-1.1 shall
21be paid into the Youth Drug Abuse Prevention Fund, which is
22hereby created in the State treasury, to be used by the
23Department of Human Services for the funding of programs and
24services for drug-abuse treatment, and prevention and
25education services, for juveniles.

 

 

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1    (b) Eighty-seven and one-half percent of the proceeds of
2all fines received pursuant to Section 5-9-1.1 shall be
3transmitted to and deposited in the treasurer's office at the
4level of government as follows:
5        (1) If such seizure was made by a combination of law
6    enforcement personnel representing differing units of
7    local government, the court levying the fine shall
8    equitably allocate 50% of the fine among these units of
9    local government and shall allocate 37 1/2% to the county
10    general corporate fund. In the event that the seizure was
11    made by law enforcement personnel representing a unit of
12    local government from a municipality where the number of
13    inhabitants exceeds 2 million in population, the court
14    levying the fine shall allocate 87 1/2% of the fine to that
15    unit of local government. If the seizure was made by a
16    combination of law enforcement personnel representing
17    differing units of local government, and at least one of
18    those units represents a municipality where the number of
19    inhabitants exceeds 2 million in population, the court
20    shall equitably allocate 87 1/2% of the proceeds of the
21    fines received among the differing units of local
22    government.
23        (2) If such seizure was made by State law enforcement
24    personnel, then the court shall allocate 37 1/2% to the
25    State treasury and 50% to the county general corporate
26    fund.

 

 

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1        (3) If a State law enforcement agency in combination
2    with a law enforcement agency or agencies of a unit or
3    units of local government conducted the seizure, the court
4    shall equitably allocate 37 1/2% of the fines to or among
5    the law enforcement agency or agencies of the unit or
6    units of local government which conducted the seizure and
7    shall allocate 50% to the county general corporate fund.
8    (c) The proceeds of all fines allocated to the law
9enforcement agency or agencies of the unit or units of local
10government pursuant to subsection (b) shall be made available
11to that law enforcement agency as expendable receipts for use
12in the enforcement of laws regulating controlled substances
13and cannabis. The proceeds of fines awarded to the State
14treasury shall be deposited in a special fund known as the Drug
15Traffic Prevention Fund. Monies from this fund may be used by
16the Illinois Department of State Police for use in the
17enforcement of laws regulating controlled substances and
18cannabis; to satisfy funding provisions of the
19Intergovernmental Drug Laws Enforcement Act; and to defray
20costs and expenses associated with returning violators of the
21Cannabis Control Act, the Illinois Controlled Substances Act,
22and the Methamphetamine Control and Community Protection Act
23only, as provided in those Acts, when punishment of the crime
24shall be confinement of the criminal in the penitentiary.
25Moneys in the Drug Traffic Prevention Fund deposited from
26fines awarded as a direct result of enforcement efforts of the

 

 

SB2037- 2217 -LRB102 17120 WGH 22551 b

1Illinois Conservation Police may be used by the Department of
2Natural Resources Office of Law Enforcement for use in
3enforcing laws regulating controlled substances and cannabis
4on Department of Natural Resources regulated lands and
5waterways. All other monies shall be paid into the general
6revenue fund in the State treasury.
7    (d) There is created in the State treasury the
8Methamphetamine Law Enforcement Fund. Moneys in the Fund shall
9be equitably allocated to local law enforcement agencies to:
10(1) reimburse those agencies for the costs of securing and
11cleaning up sites and facilities used for the illegal
12manufacture of methamphetamine; (2) defray the costs of
13employing full-time or part-time peace officers from a
14Metropolitan Enforcement Group or other local drug task force,
15including overtime costs for those officers; and (3) defray
16the costs associated with medical or dental expenses incurred
17by the county resulting from the incarceration of
18methamphetamine addicts in the county jail or County
19Department of Corrections.
20(Source: P.A. 94-550, eff. 1-1-06; 94-556, eff. 9-11-05;
2195-331, eff. 8-21-07.)
 
22    (730 ILCS 5/5-9-1.4)  (from Ch. 38, par. 1005-9-1.4)
23    Sec. 5-9-1.4. (a) "Crime laboratory" means any
24not-for-profit laboratory registered with the Drug Enforcement
25Administration of the United States Department of Justice,

 

 

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1substantially funded by a unit or combination of units of
2local government or the State of Illinois, which regularly
3employs at least one person engaged in the analysis of
4controlled substances, cannabis, methamphetamine, or steroids
5for criminal justice agencies in criminal matters and provides
6testimony with respect to such examinations.
7    (b) (Blank).
8    (c) In addition to any other disposition made pursuant to
9the provisions of the Juvenile Court Act of 1987, any minor
10adjudicated delinquent for an offense which if committed by an
11adult would constitute a violation of the Cannabis Control
12Act, the Illinois Controlled Substances Act, the
13Methamphetamine Control and Community Protection Act, or the
14Steroid Control Act shall be required to pay a criminal
15laboratory analysis assessment of $100 for each adjudication.
16Upon verified petition of the minor, the court may suspend
17payment of all or part of the assessment if it finds that the
18minor does not have the ability to pay the assessment. The
19parent, guardian or legal custodian of the minor may pay some
20or all of such assessment on the minor's behalf.
21    (d) All criminal laboratory analysis fees provided for by
22this Section shall be collected by the clerk of the court and
23forwarded to the appropriate crime laboratory fund as provided
24in subsection (f).
25    (e) Crime laboratory funds shall be established as
26follows:

 

 

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1        (1) Any unit of local government which maintains a
2    crime laboratory may establish a crime laboratory fund
3    within the office of the county or municipal treasurer.
4        (2) Any combination of units of local government which
5    maintains a crime laboratory may establish a crime
6    laboratory fund within the office of the treasurer of the
7    county where the crime laboratory is situated.
8        (3) The State Crime Laboratory Fund is hereby created
9    as a special fund in the State Treasury.
10    (f) The analysis assessment provided for in subsection (c)
11of this Section shall be forwarded to the office of the
12treasurer of the unit of local government that performed the
13analysis if that unit of local government has established a
14crime laboratory fund, or to the State Crime Laboratory Fund
15if the analysis was performed by a laboratory operated by the
16Illinois State Police. If the analysis was performed by a
17crime laboratory funded by a combination of units of local
18government, the analysis assessment shall be forwarded to the
19treasurer of the county where the crime laboratory is situated
20if a crime laboratory fund has been established in that
21county. If the unit of local government or combination of
22units of local government has not established a crime
23laboratory fund, then the analysis assessment shall be
24forwarded to the State Crime Laboratory Fund.
25    (g) Moneys deposited into a crime laboratory fund created
26pursuant to paragraphs (1) or (2) of subsection (e) of this

 

 

SB2037- 2220 -LRB102 17120 WGH 22551 b

1Section shall be in addition to any allocations made pursuant
2to existing law and shall be designated for the exclusive use
3of the crime laboratory. These uses may include, but are not
4limited to, the following:
5        (1) costs incurred in providing analysis for
6    controlled substances in connection with criminal
7    investigations conducted within this State;
8        (2) purchase and maintenance of equipment for use in
9    performing analyses; and
10        (3) continuing education, training and professional
11    development of forensic scientists regularly employed by
12    these laboratories.
13    (h) Moneys deposited in the State Crime Laboratory Fund
14created pursuant to paragraph (3) of subsection (d) of this
15Section shall be used by State crime laboratories as
16designated by the Director of the Illinois State Police. These
17funds shall be in addition to any allocations made pursuant to
18existing law and shall be designated for the exclusive use of
19State crime laboratories or for the sexual assault evidence
20tracking system created under Section 50 of the Sexual Assault
21Evidence Submission Act. These uses may include those
22enumerated in subsection (g) of this Section.
23(Source: P.A. 100-987, eff. 7-1-19; 101-377, eff. 8-16-19.)
 
24    (730 ILCS 5/5-9-1.9)
25    Sec. 5-9-1.9. DUI analysis fee.

 

 

SB2037- 2221 -LRB102 17120 WGH 22551 b

1    (a) "Crime laboratory" means a not-for-profit laboratory
2substantially funded by a single unit or combination of units
3of local government or the State of Illinois that regularly
4employs at least one person engaged in the DUI analysis of
5blood, other bodily substance, and urine for criminal justice
6agencies in criminal matters and provides testimony with
7respect to such examinations.
8    "DUI analysis" means an analysis of blood, other bodily
9substance, or urine for purposes of determining whether a
10violation of Section 11-501 of the Illinois Vehicle Code has
11occurred.
12    (b) (Blank).
13    (c) In addition to any other disposition made under the
14provisions of the Juvenile Court Act of 1987, any minor
15adjudicated delinquent for an offense which if committed by an
16adult would constitute a violation of Section 11-501 of the
17Illinois Vehicle Code shall pay a crime laboratory DUI
18analysis assessment of $150 for each adjudication. Upon
19verified petition of the minor, the court may suspend payment
20of all or part of the assessment if it finds that the minor
21does not have the ability to pay the assessment. The parent,
22guardian, or legal custodian of the minor may pay some or all
23of the assessment on the minor's behalf.
24    (d) All crime laboratory DUI analysis assessments provided
25for by this Section shall be collected by the clerk of the
26court and forwarded to the appropriate crime laboratory DUI

 

 

SB2037- 2222 -LRB102 17120 WGH 22551 b

1fund as provided in subsection (f).
2    (e) Crime laboratory funds shall be established as
3follows:
4        (1) A unit of local government that maintains a crime
5    laboratory may establish a crime laboratory DUI fund
6    within the office of the county or municipal treasurer.
7        (2) Any combination of units of local government that
8    maintains a crime laboratory may establish a crime
9    laboratory DUI fund within the office of the treasurer of
10    the county where the crime laboratory is situated.
11        (3) The State Police DUI Fund is created as a special
12    fund in the State Treasury.
13    (f) The analysis assessment provided for in subsection (c)
14of this Section shall be forwarded to the office of the
15treasurer of the unit of local government that performed the
16analysis if that unit of local government has established a
17crime laboratory DUI fund, or to the State Treasurer for
18deposit into the State Crime Laboratory Fund if the analysis
19was performed by a laboratory operated by the Illinois
20Department of State Police. If the analysis was performed by a
21crime laboratory funded by a combination of units of local
22government, the analysis assessment shall be forwarded to the
23treasurer of the county where the crime laboratory is situated
24if a crime laboratory DUI fund has been established in that
25county. If the unit of local government or combination of
26units of local government has not established a crime

 

 

SB2037- 2223 -LRB102 17120 WGH 22551 b

1laboratory DUI fund, then the analysis assessment shall be
2forwarded to the State Treasurer for deposit into the State
3Crime Laboratory Fund.
4    (g) Moneys deposited into a crime laboratory DUI fund
5created under paragraphs (1) and (2) of subsection (e) of this
6Section shall be in addition to any allocations made pursuant
7to existing law and shall be designated for the exclusive use
8of the crime laboratory. These uses may include, but are not
9limited to, the following:
10        (1) Costs incurred in providing analysis for DUI
11    investigations conducted within this State.
12        (2) Purchase and maintenance of equipment for use in
13    performing analyses.
14        (3) Continuing education, training, and professional
15    development of forensic scientists regularly employed by
16    these laboratories.
17    (h) Moneys deposited in the State Crime Laboratory Fund
18shall be used by State crime laboratories as designated by the
19Director of the Illinois State Police. These funds shall be in
20addition to any allocations made according to existing law and
21shall be designated for the exclusive use of State crime
22laboratories. These uses may include those enumerated in
23subsection (g) of this Section.
24(Source: P.A. 99-697, eff. 7-29-16; 100-987, eff. 7-1-19;
25100-1161, eff. 7-1-19.)
 

 

 

SB2037- 2224 -LRB102 17120 WGH 22551 b

1    Section 1060. The Arsonist Registration Act is amended by
2changing Sections 10, 15, 20, 25, 30, 35, 45, 50, 55, 60, 70,
375, and 80 as follows:
 
4    (730 ILCS 148/10)
5    Sec. 10. Duty to register.
6    (a) An arsonist shall, within the time period prescribed
7in subsections (b) and (c), register in person and provide
8accurate information as required by the Illinois Department of
9State Police. Such information shall include current address,
10current place of employment, and school attended. The arsonist
11shall register:
12        (1) with the chief of police in each of the
13    municipalities in which he or she attends school, is
14    employed, resides or is temporarily domiciled for a period
15    of time of 10 or more days, unless the municipality is the
16    City of Chicago, in which case he or she shall register at
17    a fixed location designated by the Superintendent of the
18    Chicago Police Department; or
19        (2) with the sheriff in each of the counties in which
20    he or she attends school, is employed, resides or is
21    temporarily domiciled in an unincorporated area or, if
22    incorporated, no police chief exists. For purposes of this
23    Act, the place of residence or temporary domicile is
24    defined as any and all places where the arsonist resides
25    for an aggregate period of time of 10 or more days during

 

 

SB2037- 2225 -LRB102 17120 WGH 22551 b

1    any calendar year. The arsonist shall provide accurate
2    information as required by the Illinois Department of
3    State Police. That information shall include the
4    arsonist's current place of employment.
5    (a-5) An out-of-state student or out-of-state employee
6shall, within 10 days after beginning school or employment in
7this State, register in person and provide accurate
8information as required by the Illinois Department of State
9Police. Such information must include current place of
10employment, school attended, and address in state of
11residence:
12        (1) with the chief of police in each of the
13    municipalities in which he or she attends school or is
14    employed for a period of time of 10 or more days or for an
15    aggregate period of time of more than 30 days during any
16    calendar year, unless the municipality is the City of
17    Chicago, in which case he or she shall register at a fixed
18    location designated by the Superintendent of the Chicago
19    Police Department; or
20        (2) with the sheriff in each of the counties in which
21    he or she attends school or is employed for a period of
22    time of 10 or more days or for an aggregate period of time
23    of more than 30 days during any calendar year in an
24    unincorporated area or, if incorporated, no police chief
25    exists. The out-of-state student or out-of-state employee
26    shall provide accurate information as required by the

 

 

SB2037- 2226 -LRB102 17120 WGH 22551 b

1    Illinois Department of State Police. That information
2    shall include the out-of-state student's current place of
3    school attendance or the out-of-state employee's current
4    place of employment.
5    (b) An arsonist as defined in Section 5 of this Act,
6regardless of any initial, prior, or other registration,
7shall, within 10 days of beginning school, or establishing a
8residence, place of employment, or temporary domicile in any
9county, register in person as set forth in subsection (a) or
10(a-5).
11    (c) The registration for any person required to register
12under this Act shall be as follows:
13        (1) Except as provided in paragraph (3) of this
14    subsection (c), any person who has not been notified of
15    his or her responsibility to register shall be notified by
16    a criminal justice entity of his or her responsibility to
17    register. Upon notification the person must then register
18    within 10 days of notification of his or her requirement
19    to register. If notification is not made within the
20    offender's 10 year registration requirement, and the
21    Illinois Department of State Police determines no evidence
22    exists or indicates the offender attempted to avoid
23    registration, the offender will no longer be required to
24    register under this Act.
25        (2) Except as provided in paragraph (3) of this
26    subsection (c), any person convicted on or after the

 

 

SB2037- 2227 -LRB102 17120 WGH 22551 b

1    effective date of this Act shall register in person within
2    10 days after the entry of the sentencing order based upon
3    his or her conviction.
4        (3) Any person unable to comply with the registration
5    requirements of this Act because he or she is confined,
6    institutionalized, or imprisoned in Illinois on or after
7    the effective date of this Act shall register in person
8    within 10 days of discharge, parole or release.
9        (4) The person shall provide positive identification
10    and documentation that substantiates proof of residence at
11    the registering address.
12        (5) The person shall pay a $10 initial registration
13    fee and a $5 annual renewal fee. The fees shall be used by
14    the registering agency for official purposes. The agency
15    shall establish procedures to document receipt and use of
16    the funds. The law enforcement agency having jurisdiction
17    may waive the registration fee if it determines that the
18    person is indigent and unable to pay the registration fee.
19    (d) Within 10 days after obtaining or changing employment,
20a person required to register under this Section must report,
21in person or in writing to the law enforcement agency having
22jurisdiction, the business name and address where he or she is
23employed. If the person has multiple businesses or work
24locations, every business and work location must be reported
25to the law enforcement agency having jurisdiction.
26(Source: P.A. 99-755, eff. 8-5-16.)
 

 

 

SB2037- 2228 -LRB102 17120 WGH 22551 b

1    (730 ILCS 148/15)
2    Sec. 15. Discharge of arsonist from penal institution. Any
3arsonist who is discharged, paroled or released from a
4Department of Corrections facility, a facility where such
5person was placed by the Department of Corrections or another
6penal institution, and whose liability for registration has
7not terminated under Section 45 shall, within 10 days prior to
8discharge, parole, or release from the facility or
9institution, be informed of his or her duty to register in
10person under this Act by the facility or institution in which
11he or she was confined. The facility or institution shall also
12inform any person who must register that if he or she
13establishes a residence outside of the State of Illinois, is
14employed outside of the State of Illinois, or attends school
15outside of the State of Illinois, he or she must register in
16the new state within 10 days after establishing the residence,
17beginning employment, or beginning school. The facility shall
18require the person to read and sign such form as may be
19required by the Illinois Department of State Police stating
20that the duty to register and the procedure for registration
21has been explained to him or her and that he or she understands
22the duty to register and the procedure for registration. The
23facility shall further advise the person in writing that the
24failure to register or other violation of this Act shall
25result in revocation of parole, mandatory supervised release

 

 

SB2037- 2229 -LRB102 17120 WGH 22551 b

1or conditional release. The facility shall obtain information
2about where the person expects to reside, work, and attend
3school upon his or her discharge, parole or release and shall
4report the information to the Illinois Department of State
5Police. The facility shall give one copy of the form to the
6person and shall send one copy to each of the law enforcement
7agencies having jurisdiction where the person expects to
8reside, work, and attend school upon his or her discharge,
9parole or release and retain one copy for the files.
10Electronic data files that include all notification form
11information and photographs of arsonists being released from
12an Illinois Department of Corrections facility shall be shared
13on a regular basis as determined between the Illinois
14Department of State Police and the Department of Corrections.
15(Source: P.A. 93-949, eff. 1-1-05.)
 
16    (730 ILCS 148/20)
17    Sec. 20. Release of arsonist on probation. An arsonist who
18is released on probation shall, prior to such release, be
19informed of his or her duty to register under this Act by the
20court in which he or she was convicted. The court shall also
21inform any person who must register that if he or she
22establishes a residence outside of the State of Illinois, is
23employed outside of the State of Illinois, or attends school
24outside of the State of Illinois, he or she must register in
25the new state within 10 days after establishing the residence,

 

 

SB2037- 2230 -LRB102 17120 WGH 22551 b

1beginning employment, or beginning school. The court shall
2require the person to read and sign such form as may be
3required by the Illinois Department of State Police stating
4that the duty to register and the procedure for registration
5has been explained to him or her and that he or she understands
6the duty to register and the procedure for registration. The
7court shall further advise the person in writing that the
8failure to register or other violation of this Act shall
9result in probation revocation. The court shall obtain
10information about where the person expects to reside, work,
11and attend school upon his or her release, and shall report the
12information to the Illinois Department of State Police. The
13court shall give one copy of the form to the person and retain
14the original in the court records. The Illinois Department of
15State Police shall notify the law enforcement agencies having
16jurisdiction where the person expects to reside, work and
17attend school upon his or her release.
18(Source: P.A. 93-949, eff. 1-1-05.)
 
19    (730 ILCS 148/25)
20    Sec. 25. Discharge of arsonist from hospital or other
21treatment facility. Any arsonist who is discharged or released
22from a hospital or other treatment facility where he or she was
23confined shall be informed by the hospital or treatment
24facility in which he or she was confined, prior to discharge or
25release from the hospital or treatment facility, of his or her

 

 

SB2037- 2231 -LRB102 17120 WGH 22551 b

1duty to register under this Act. The facility shall require
2the person to read and sign such form as may be required by the
3Illinois Department of State Police stating that the duty to
4register and the procedure for registration has been explained
5to him or her and that he or she understands the duty to
6register and the procedure for registration. The facility
7shall give one copy of the form to the person, retain one copy
8for its records, and forward the original to the Illinois
9Department of State Police. The facility shall obtain
10information about where the person expects to reside, work,
11and attend school upon his or her discharge, parole, or
12release and shall report the information to the Illinois
13Department of State Police within 3 days. The facility or
14institution shall also inform any person who must register
15that if he or she establishes a residence outside of the State
16of Illinois, is employed outside of the State of Illinois, or
17attends school outside of the State of Illinois, he or she must
18register in the new state within 10 days after establishing
19the residence, beginning school, or beginning employment. The
20Illinois Department of State Police shall notify the law
21enforcement agencies having jurisdiction where the person
22expects to reside, work, and attend school upon his or her
23release.
24(Source: P.A. 93-949, eff. 1-1-05.)
 
25    (730 ILCS 148/30)

 

 

SB2037- 2232 -LRB102 17120 WGH 22551 b

1    Sec. 30. Nonforwardable verification letter. The Illinois
2Department of State Police shall mail an annual nonforwardable
3verification letter to a person registered under this Act
4beginning one year from the date of his or her last
5registration. A person required to register under this Act who
6is mailed a verification letter shall complete, sign, and
7return the enclosed verification form to the Illinois
8Department of State Police postmarked within 10 days after the
9mailing date of the letter. A person's failure to return the
10verification form to the Illinois Department of State Police
11within 10 days after the mailing date of the letter shall be
12considered a violation of this Act; however it is an
13affirmative defense to a prosecution for failure of a person
14who is required to return a verification form to the Illinois
15Department of State Police if the post office fails to deliver
16the verification form to the Illinois Department of State
17Police or if it can be proven that the form has been lost by
18the Department.
19(Source: P.A. 93-949, eff. 1-1-05.)
 
20    (730 ILCS 148/35)
21    Sec. 35. Duty to report change of address, school, or
22employment. Any person who is required to register under this
23Act shall report in person to the appropriate law enforcement
24agency with whom he or she last registered within one year from
25the date of last registration and every year thereafter. If

 

 

SB2037- 2233 -LRB102 17120 WGH 22551 b

1any person required to register under this Act changes his or
2her residence address, place of employment, or school, he or
3she shall, in writing, within 10 days inform the law
4enforcement agency with whom he or she last registered of his
5or her new address, change in employment, or school and
6register with the appropriate law enforcement agency within
7the time period specified in Section 10. The law enforcement
8agency shall, within 3 days of receipt, notify the Illinois
9Department of State Police and the law enforcement agency
10having jurisdiction of the new place of residence, change in
11employment, or school. If any person required to register
12under this Act establishes a residence or employment outside
13of the State of Illinois, within 10 days after establishing
14that residence or employment, he or she shall, in writing,
15inform the law enforcement agency with which he or she last
16registered of his or her out-of-state residence or employment.
17The law enforcement agency with which such person last
18registered shall, within 3 days notice of an address or
19employment change, notify the Illinois Department of State
20Police. The Illinois Department of State Police shall forward
21such information to the out-of-state law enforcement agency
22having jurisdiction in the form and manner prescribed by the
23Illinois Department of State Police.
24(Source: P.A. 93-949, eff. 1-1-05.)
 
25    (730 ILCS 148/45)

 

 

SB2037- 2234 -LRB102 17120 WGH 22551 b

1    Sec. 45. Duration of registration. Any person, other than
2a minor who is tried and convicted in an adult criminal
3prosecution for an offense for which the person is required to
4register under this Act, who is required to register under
5this Act shall be required to register for a period of 10 years
6after conviction if not confined to a penal institution,
7hospital or any other institution or facility, and if
8confined, for a period of 10 years after parole, discharge or
9release from any such facility. A minor who has been tried and
10convicted in an adult criminal prosecution for an offense for
11which the person is required to register under this Act shall
12be required to register for a period of 10 years after his or
13her conviction for an offense for which the person is required
14to register under this Act. An arsonist who is allowed to leave
15a county, State, or federal facility for the purposes of work
16release, education, or overnight visitations shall be required
17to register within 10 days of beginning such a program.
18Liability for registration terminates at the expiration of 10
19years from the date of conviction if not confined to a penal
20institution, hospital or any other institution or facility and
21if confined, at the expiration of 10 years from the date of
22parole, discharge or release from any such facility, providing
23such person does not, during that period, again become liable
24to register under the provisions of this Act. In the case of a
25minor who is tried and convicted in an adult criminal
26prosecution, liability for registration terminates 10 years

 

 

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1after conviction. The Director of the Illinois State Police,
2consistent with administrative rules, shall extend for 10
3years the registration period of any arsonist who fails to
4comply with the provisions of this Act.
5(Source: P.A. 93-949, eff. 1-1-05.)
 
6    (730 ILCS 148/50)
7    Sec. 50. Registration requirements. Registration as
8required by this Act shall consist of a statement in writing
9signed by the person giving the information that is required
10by the Illinois Department of State Police, which may include
11the fingerprints and must include a photograph of the person.
12The registration information must include whether the person
13is an arsonist. Within 3 days, the registering law enforcement
14agency shall forward any required information to the Illinois
15Department of State Police. The registering law enforcement
16agency shall enter the information into I-CLEAR as provided in
17Section 2605-378 of the Illinois Department of State Police
18Law of the Civil Administrative Code of Illinois.
19(Source: P.A. 93-949, eff. 1-1-05.)
 
20    (730 ILCS 148/55)
21    Sec. 55. Address verification requirements. The agency
22having jurisdiction shall verify the address of arsonists
23required to register with their agency at least once per
24calendar year. The verification must be documented in I-CLEAR

 

 

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1in the form and manner required by the Illinois Department of
2State Police.
3(Source: P.A. 93-949, eff. 1-1-05.)
 
4    (730 ILCS 148/60)
5    Sec. 60. Public inspection of registration data.
6    (a) Except as otherwise provided in subsection (b), the
7statements or any other information required by this Act shall
8not be open to inspection by the public, or by any person other
9than by a law enforcement officer or other individual as may be
10authorized by law and shall include law enforcement agencies
11of this State, any other state, or of the federal government.
12Similar information may be requested from any law enforcement
13agency of another state or of the federal government for
14purposes of this Act. It is a Class B misdemeanor to permit the
15unauthorized release of any information required by this Act.
16    (b) The Illinois Department of State Police shall furnish
17to the Office of the State Fire Marshal the registration
18information concerning persons who are required to register
19under this Act. The Office of the State Fire Marshal shall
20establish and maintain a Statewide Arsonist Database for the
21purpose of making that information available to the public on
22the Internet by means of a hyperlink labeled "Arsonist
23Information" on the Office of the State Fire Marshal's
24website.
25(Source: P.A. 93-949, eff. 1-1-05.)
 

 

 

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1    (730 ILCS 148/70)
2    Sec. 70. Arsonist Registration Fund. There is created in
3the State treasury the Arsonist Registration Fund. Moneys in
4the Fund shall be used to cover costs incurred by the criminal
5justice system to administer this Act. The Illinois Department
6of State Police shall establish and promulgate rules and
7procedures regarding the administration of this Fund. At least
850% of the moneys in the Fund shall be allocated by the
9Department for sheriffs' offices and police departments.
10(Source: P.A. 93-949, eff. 1-1-05.)
 
11    (730 ILCS 148/75)
12    Sec. 75. Access to State of Illinois databases. The
13Illinois Department of State Police shall have access to State
14of Illinois databases containing information that may help in
15the identification or location of persons required to register
16under this Act. Interagency agreements shall be implemented,
17consistent with security and procedures established by the
18State agency and consistent with the laws governing the
19confidentiality of the information in the databases.
20Information shall be used only for administration of this Act.
21(Source: P.A. 93-949, eff. 1-1-05.)
 
22    (730 ILCS 148/80)
23    Sec. 80. Applicability. Until the Illinois Department of

 

 

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1State Police establishes I-CLEAR throughout this State, this
2Act applies only to arsonists who reside, are employed, or
3attend school within the City of Chicago. Once I-CLEAR is
4established throughout this State, this Act applies throughout
5the State to arsonists who reside, are employed, or attend
6school anywhere in this State. Any duties imposed upon the
7Illinois Department of State Police by this Act are subject to
8appropriation and shall not commence until I-CLEAR is
9implemented throughout this State and until such time, those
10duties shall be imposed upon the City of Chicago.
11(Source: P.A. 93-949, eff. 1-1-05.)
 
12    Section 1065. The Sex Offender Registration Act is amended
13by changing Sections 3, 4, 5, 5-5, 5-10, 6, 7, 8, 8-5, and 11
14as follows:
 
15    (730 ILCS 150/3)
16    Sec. 3. Duty to register.
17    (a) A sex offender, as defined in Section 2 of this Act, or
18sexual predator shall, within the time period prescribed in
19subsections (b) and (c), register in person and provide
20accurate information as required by the Illinois Department of
21State Police. Such information shall include a current
22photograph, current address, current place of employment, the
23sex offender's or sexual predator's telephone number,
24including cellular telephone number, the employer's telephone

 

 

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1number, school attended, all e-mail addresses, instant
2messaging identities, chat room identities, and other Internet
3communications identities that the sex offender uses or plans
4to use, all Uniform Resource Locators (URLs) registered or
5used by the sex offender, all blogs and other Internet sites
6maintained by the sex offender or to which the sex offender has
7uploaded any content or posted any messages or information,
8extensions of the time period for registering as provided in
9this Article and, if an extension was granted, the reason why
10the extension was granted and the date the sex offender was
11notified of the extension. The information shall also include
12a copy of the terms and conditions of parole or release signed
13by the sex offender and given to the sex offender by his or her
14supervising officer or aftercare specialist, the county of
15conviction, license plate numbers for every vehicle registered
16in the name of the sex offender, the age of the sex offender at
17the time of the commission of the offense, the age of the
18victim at the time of the commission of the offense, and any
19distinguishing marks located on the body of the sex offender.
20A sex offender convicted under Section 11-6, 11-20.1,
2111-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the
22Criminal Code of 2012 shall provide all Internet protocol (IP)
23addresses in his or her residence, registered in his or her
24name, accessible at his or her place of employment, or
25otherwise under his or her control or custody. If the sex
26offender is a child sex offender as defined in Section 11-9.3

 

 

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1or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of
22012, the sex offender shall report to the registering agency
3whether he or she is living in a household with a child under
418 years of age who is not his or her own child, provided that
5his or her own child is not the victim of the sex offense. The
6sex offender or sexual predator shall register:
7        (1) with the chief of police in the municipality in
8    which he or she resides or is temporarily domiciled for a
9    period of time of 3 or more days, unless the municipality
10    is the City of Chicago, in which case he or she shall
11    register at a fixed location designated by the
12    Superintendent of the Chicago Police Department; or
13        (2) with the sheriff in the county in which he or she
14    resides or is temporarily domiciled for a period of time
15    of 3 or more days in an unincorporated area or, if
16    incorporated, no police chief exists.
17    If the sex offender or sexual predator is employed at or
18attends an institution of higher education, he or she shall
19also register:
20        (i) with:
21            (A) the chief of police in the municipality in
22        which he or she is employed at or attends an
23        institution of higher education, unless the
24        municipality is the City of Chicago, in which case he
25        or she shall register at a fixed location designated
26        by the Superintendent of the Chicago Police

 

 

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1        Department; or
2            (B) the sheriff in the county in which he or she is
3        employed or attends an institution of higher education
4        located in an unincorporated area, or if incorporated,
5        no police chief exists; and
6        (ii) with the public safety or security director of
7    the institution of higher education which he or she is
8    employed at or attends.
9    The registration fees shall only apply to the municipality
10or county of primary registration, and not to campus
11registration.
12    For purposes of this Article, the place of residence or
13temporary domicile is defined as any and all places where the
14sex offender resides for an aggregate period of time of 3 or
15more days during any calendar year. Any person required to
16register under this Article who lacks a fixed address or
17temporary domicile must notify, in person, the agency of
18jurisdiction of his or her last known address within 3 days
19after ceasing to have a fixed residence.
20    A sex offender or sexual predator who is temporarily
21absent from his or her current address of registration for 3 or
22more days shall notify the law enforcement agency having
23jurisdiction of his or her current registration, including the
24itinerary for travel, in the manner provided in Section 6 of
25this Act for notification to the law enforcement agency having
26jurisdiction of change of address.

 

 

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1    Any person who lacks a fixed residence must report weekly,
2in person, with the sheriff's office of the county in which he
3or she is located in an unincorporated area, or with the chief
4of police in the municipality in which he or she is located.
5The agency of jurisdiction will document each weekly
6registration to include all the locations where the person has
7stayed during the past 7 days.
8    The sex offender or sexual predator shall provide accurate
9information as required by the Illinois Department of State
10Police. That information shall include the sex offender's or
11sexual predator's current place of employment.
12    (a-5) An out-of-state student or out-of-state employee
13shall, within 3 days after beginning school or employment in
14this State, register in person and provide accurate
15information as required by the Illinois Department of State
16Police. Such information will include current place of
17employment, school attended, and address in state of
18residence. A sex offender convicted under Section 11-6,
1911-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of
201961 or the Criminal Code of 2012 shall provide all Internet
21protocol (IP) addresses in his or her residence, registered in
22his or her name, accessible at his or her place of employment,
23or otherwise under his or her control or custody. The
24out-of-state student or out-of-state employee shall register:
25        (1) with:
26            (A) the chief of police in the municipality in

 

 

SB2037- 2243 -LRB102 17120 WGH 22551 b

1        which he or she attends school or is employed for a
2        period of time of 5 or more days or for an aggregate
3        period of time of more than 30 days during any calendar
4        year, unless the municipality is the City of Chicago,
5        in which case he or she shall register at a fixed
6        location designated by the Superintendent of the
7        Chicago Police Department; or
8            (B) the sheriff in the county in which he or she
9        attends school or is employed for a period of time of 5
10        or more days or for an aggregate period of time of more
11        than 30 days during any calendar year in an
12        unincorporated area or, if incorporated, no police
13        chief exists; and
14        (2) with the public safety or security director of the
15    institution of higher education he or she is employed at
16    or attends for a period of time of 5 or more days or for an
17    aggregate period of time of more than 30 days during a
18    calendar year.
19    The registration fees shall only apply to the municipality
20or county of primary registration, and not to campus
21registration.
22    The out-of-state student or out-of-state employee shall
23provide accurate information as required by the Illinois
24Department of State Police. That information shall include the
25out-of-state student's current place of school attendance or
26the out-of-state employee's current place of employment.

 

 

SB2037- 2244 -LRB102 17120 WGH 22551 b

1    (a-10) Any law enforcement agency registering sex
2offenders or sexual predators in accordance with subsections
3(a) or (a-5) of this Section shall forward to the Attorney
4General a copy of sex offender registration forms from persons
5convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
611-21 of the Criminal Code of 1961 or the Criminal Code of
72012, including periodic and annual registrations under
8Section 6 of this Act.
9    (b) Any sex offender, as defined in Section 2 of this Act,
10or sexual predator, regardless of any initial, prior, or other
11registration, shall, within 3 days of beginning school, or
12establishing a residence, place of employment, or temporary
13domicile in any county, register in person as set forth in
14subsection (a) or (a-5).
15    (c) The registration for any person required to register
16under this Article shall be as follows:
17        (1) Any person registered under the Habitual Child Sex
18    Offender Registration Act or the Child Sex Offender
19    Registration Act prior to January 1, 1996, shall be deemed
20    initially registered as of January 1, 1996; however, this
21    shall not be construed to extend the duration of
22    registration set forth in Section 7.
23        (2) Except as provided in subsection (c)(2.1) or
24    (c)(4), any person convicted or adjudicated prior to
25    January 1, 1996, whose liability for registration under
26    Section 7 has not expired, shall register in person prior

 

 

SB2037- 2245 -LRB102 17120 WGH 22551 b

1    to January 31, 1996.
2        (2.1) A sex offender or sexual predator, who has never
3    previously been required to register under this Act, has a
4    duty to register if the person has been convicted of any
5    felony offense after July 1, 2011. A person who previously
6    was required to register under this Act for a period of 10
7    years and successfully completed that registration period
8    has a duty to register if: (i) the person has been
9    convicted of any felony offense after July 1, 2011, and
10    (ii) the offense for which the 10 year registration was
11    served currently requires a registration period of more
12    than 10 years. Notification of an offender's duty to
13    register under this subsection shall be pursuant to
14    Section 5-7 of this Act.
15        (2.5) Except as provided in subsection (c)(4), any
16    person who has not been notified of his or her
17    responsibility to register shall be notified by a criminal
18    justice entity of his or her responsibility to register.
19    Upon notification the person must then register within 3
20    days of notification of his or her requirement to
21    register. Except as provided in subsection (c)(2.1), if
22    notification is not made within the offender's 10 year
23    registration requirement, and the Illinois Department of
24    State Police determines no evidence exists or indicates
25    the offender attempted to avoid registration, the offender
26    will no longer be required to register under this Act.

 

 

SB2037- 2246 -LRB102 17120 WGH 22551 b

1        (3) Except as provided in subsection (c)(4), any
2    person convicted on or after January 1, 1996, shall
3    register in person within 3 days after the entry of the
4    sentencing order based upon his or her conviction.
5        (4) Any person unable to comply with the registration
6    requirements of this Article because he or she is
7    confined, institutionalized, or imprisoned in Illinois on
8    or after January 1, 1996, shall register in person within
9    3 days of discharge, parole or release.
10        (5) The person shall provide positive identification
11    and documentation that substantiates proof of residence at
12    the registering address.
13        (6) The person shall pay a $100 initial registration
14    fee and a $100 annual renewal fee to the registering law
15    enforcement agency having jurisdiction. The registering
16    agency may waive the registration fee if it determines
17    that the person is indigent and unable to pay the
18    registration fee. Thirty-five dollars for the initial
19    registration fee and $35 of the annual renewal fee shall
20    be retained and used by the registering agency for
21    official purposes. Having retained $35 of the initial
22    registration fee and $35 of the annual renewal fee, the
23    registering agency shall remit the remainder of the fee to
24    State agencies within 30 days of receipt for deposit into
25    the State funds as follows:
26            (A) Five dollars of the initial registration fee

 

 

SB2037- 2247 -LRB102 17120 WGH 22551 b

1        and $5 of the annual fee shall be remitted to the State
2        Treasurer who shall deposit the moneys into the Sex
3        Offender Management Board Fund under Section 19 of the
4        Sex Offender Management Board Act. Money deposited
5        into the Sex Offender Management Board Fund shall be
6        administered by the Sex Offender Management Board and
7        shall be used by the Board to comply with the
8        provisions of the Sex Offender Management Board Act.
9            (B) Thirty dollars of the initial registration fee
10        and $30 of the annual renewal fee shall be remitted to
11        the Illinois Department of State Police which shall
12        deposit the moneys into the Offender Registration
13        Fund.
14            (C) Thirty dollars of the initial registration fee
15        and $30 of the annual renewal fee shall be remitted to
16        the Attorney General who shall deposit the moneys into
17        the Attorney General Sex Offender Awareness, Training,
18        and Education Fund. Moneys deposited into the Fund
19        shall be used by the Attorney General to administer
20        the I-SORT program and to alert and educate the
21        public, victims, and witnesses of their rights under
22        various victim notification laws and for training law
23        enforcement agencies, State's Attorneys, and medical
24        providers of their legal duties concerning the
25        prosecution and investigation of sex offenses.
26        The registering agency shall establish procedures to

 

 

SB2037- 2248 -LRB102 17120 WGH 22551 b

1    document the receipt and remittance of the $100 initial
2    registration fee and $100 annual renewal fee.
3    (d) Within 3 days after obtaining or changing employment
4and, if employed on January 1, 2000, within 5 days after that
5date, a person required to register under this Section must
6report, in person to the law enforcement agency having
7jurisdiction, the business name and address where he or she is
8employed. If the person has multiple businesses or work
9locations, every business and work location must be reported
10to the law enforcement agency having jurisdiction.
11(Source: P.A. 101-571, eff. 8-23-19.)
 
12    (730 ILCS 150/4)  (from Ch. 38, par. 224)
13    Sec. 4. Discharge of sex offender, as defined in Section 2
14of this Act, or sexual predator from Department of Corrections
15facility or other penal institution; duties of official in
16charge. Any sex offender, as defined in Section 2 of this Act,
17or sexual predator, as defined by this Article, who is
18discharged, paroled or released from a Department of
19Corrections or Department of Juvenile Justice facility, a
20facility where such person was placed by the Department of
21Corrections or Department of Juvenile Justice or another penal
22institution, and whose liability for registration has not
23terminated under Section 7 shall, prior to discharge, parole
24or release from the facility or institution, be informed of
25his or her duty to register in person within 3 days of release

 

 

SB2037- 2249 -LRB102 17120 WGH 22551 b

1by the facility or institution in which he or she was confined.
2The facility or institution shall also inform any person who
3must register that if he or she establishes a residence
4outside of the State of Illinois, is employed outside of the
5State of Illinois, or attends school outside of the State of
6Illinois, he or she must register in the new state within 3
7days after establishing the residence, beginning employment,
8or beginning school.
9    The facility shall require the person to read and sign
10such form as may be required by the Illinois Department of
11State Police stating that the duty to register and the
12procedure for registration has been explained to him or her
13and that he or she understands the duty to register and the
14procedure for registration. The facility shall further advise
15the person in writing that the failure to register or other
16violation of this Article shall result in revocation of
17parole, aftercare release, mandatory supervised release or
18conditional release. The facility shall obtain information
19about where the person expects to reside, work, and attend
20school upon his or her discharge, parole or release and shall
21report the information to the Illinois Department of State
22Police. The facility shall give one copy of the form to the
23person and shall send one copy to each of the law enforcement
24agencies having jurisdiction where the person expects to
25reside, work, and attend school upon his or her discharge,
26parole or release and retain one copy for the files.

 

 

SB2037- 2250 -LRB102 17120 WGH 22551 b

1Electronic data files which includes all notification form
2information and photographs of sex offenders being released
3from an Illinois Department of Corrections or Illinois
4Department of Juvenile Justice facility will be shared on a
5regular basis as determined between the Illinois Department of
6State Police, the Department of Corrections, and Department of
7Juvenile Justice.
8(Source: P.A. 98-558, eff. 1-1-14.)
 
9    (730 ILCS 150/5)  (from Ch. 38, par. 225)
10    Sec. 5. Release of sex offender, as defined in Section 2 of
11this Act, or sexual predator; duties of the Court. Any sex
12offender, as defined in Section 2 of this Act, or sexual
13predator, as defined by this Article, who is released on
14probation or discharged upon payment of a fine because of the
15commission of one of the offenses defined in subsection (B) of
16Section 2 of this Article, shall, prior to such release be
17informed of his or her duty to register under this Article by
18the Court in which he or she was convicted. The Court shall
19also inform any person who must register that if he or she
20establishes a residence outside of the State of Illinois, is
21employed outside of the State of Illinois, or attends school
22outside of the State of Illinois, he or she must register in
23the new state within 3 days after establishing the residence,
24beginning employment, or beginning school. The Court shall
25require the person to read and sign such form as may be

 

 

SB2037- 2251 -LRB102 17120 WGH 22551 b

1required by the Illinois Department of State Police stating
2that the duty to register and the procedure for registration
3has been explained to him or her and that he or she understands
4the duty to register and the procedure for registration. The
5Court shall further advise the person in writing that the
6failure to register or other violation of this Article shall
7result in probation revocation. The Court shall obtain
8information about where the person expects to reside, work,
9and attend school upon his or her release, and shall report the
10information to the Illinois Department of State Police. The
11Court shall give one copy of the form to the person and retain
12the original in the court records. The Illinois Department of
13State Police shall notify the law enforcement agencies having
14jurisdiction where the person expects to reside, work and
15attend school upon his or her release.
16(Source: P.A. 94-168, eff. 1-1-06; 95-640, eff. 6-1-08.)
 
17    (730 ILCS 150/5-5)
18    Sec. 5-5. Discharge of sex offender or sexual predator
19from a hospital or other treatment facility; duties of the
20official in charge. Any sex offender, as defined in Section 2
21of this Act, or sexual predator, as defined in this Article,
22who is discharged or released from a hospital or other
23treatment facility where he or she was confined shall be
24informed by the hospital or treatment facility in which he or
25she was confined, prior to discharge or release from the

 

 

SB2037- 2252 -LRB102 17120 WGH 22551 b

1hospital or treatment facility, of his or her duty to register
2under this Article.
3    The facility shall require the person to read and sign
4such form as may be required by the Illinois Department of
5State Police stating that the duty to register and the
6procedure for registration has been explained to him or her
7and that he or she understands the duty to register and the
8procedure for registration. The facility shall give one copy
9of the form to the person, retain one copy for their records,
10and forward the original to the Illinois Department of State
11Police. The facility shall obtain information about where the
12person expects to reside, work, and attend school upon his or
13her discharge, parole, or release and shall report the
14information to the Illinois Department of State Police within
153 days. The facility or institution shall also inform any
16person who must register that if he or she establishes a
17residence outside of the State of Illinois, is employed
18outside of the State of Illinois, or attends school outside of
19the State of Illinois, he or she must register in the new state
20within 3 days after establishing the residence, beginning
21school, or beginning employment. The Illinois Department of
22State Police shall notify the law enforcement agencies having
23jurisdiction where the person expects to reside, work, and
24attend school upon his or her release.
25(Source: P.A. 94-168, eff. 1-1-06; 95-640, eff. 6-1-08.)
 

 

 

SB2037- 2253 -LRB102 17120 WGH 22551 b

1    (730 ILCS 150/5-10)
2    Sec. 5-10. Nonforwardable verification letters. The
3Illinois Department of State Police shall mail a quarterly
4nonforwardable verification letter to each registered person
5who has been adjudicated to be sexually dangerous or is a
6sexually violent person and is later released, or found to be
7no longer sexually dangerous or no longer a sexually violent
8person and discharged, beginning 90 days from the date of his
9or her last registration. To any other person registered under
10this Article, the Illinois Department of State Police shall
11mail an annual nonforwardable verification letter, beginning
12one year from the date of his or her last registration. A
13person required to register under this Article who is mailed a
14verification letter shall complete, sign, and return the
15enclosed verification form to the Illinois Department of State
16Police postmarked within 10 days after the mailing date of the
17letter. A person's failure to return the verification form to
18the Illinois Department of State Police within 10 days after
19the mailing date of the letter shall be considered a violation
20of this Article.
21(Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99.)
 
22    (730 ILCS 150/6)
23    Sec. 6. Duty to report; change of address, school, or
24employment; duty to inform. A person who has been adjudicated
25to be sexually dangerous or is a sexually violent person and is

 

 

SB2037- 2254 -LRB102 17120 WGH 22551 b

1later released, or found to be no longer sexually dangerous or
2no longer a sexually violent person and discharged, or
3convicted of a violation of this Act after July 1, 2005, shall
4report in person to the law enforcement agency with whom he or
5she last registered no later than 90 days after the date of his
6or her last registration and every 90 days thereafter and at
7such other times at the request of the law enforcement agency
8not to exceed 4 times a year. Such sexually dangerous or
9sexually violent person must report all new or changed e-mail
10addresses, all new or changed instant messaging identities,
11all new or changed chat room identities, and all other new or
12changed Internet communications identities that the sexually
13dangerous or sexually violent person uses or plans to use, all
14new or changed Uniform Resource Locators (URLs) registered or
15used by the sexually dangerous or sexually violent person, and
16all new or changed blogs and other Internet sites maintained
17by the sexually dangerous or sexually violent person or to
18which the sexually dangerous or sexually violent person has
19uploaded any content or posted any messages or information.
20Any person who lacks a fixed residence must report weekly, in
21person, to the appropriate law enforcement agency where the
22sex offender is located. Any other person who is required to
23register under this Article shall report in person to the
24appropriate law enforcement agency with whom he or she last
25registered within one year from the date of last registration
26and every year thereafter and at such other times at the

 

 

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1request of the law enforcement agency not to exceed 4 times a
2year. If any person required to register under this Article
3lacks a fixed residence or temporary domicile, he or she must
4notify, in person, the agency of jurisdiction of his or her
5last known address within 3 days after ceasing to have a fixed
6residence and if the offender leaves the last jurisdiction of
7residence, he or she, must within 3 days after leaving
8register in person with the new agency of jurisdiction. If any
9other person required to register under this Article changes
10his or her residence address, place of employment, telephone
11number, cellular telephone number, or school, he or she shall
12report in person, to the law enforcement agency with whom he or
13she last registered, his or her new address, change in
14employment, telephone number, cellular telephone number, or
15school, all new or changed e-mail addresses, all new or
16changed instant messaging identities, all new or changed chat
17room identities, and all other new or changed Internet
18communications identities that the sex offender uses or plans
19to use, all new or changed Uniform Resource Locators (URLs)
20registered or used by the sex offender, and all new or changed
21blogs and other Internet sites maintained by the sex offender
22or to which the sex offender has uploaded any content or posted
23any messages or information, and register, in person, with the
24appropriate law enforcement agency within the time period
25specified in Section 3. If the sex offender is a child sex
26offender as defined in Section 11-9.3 or 11-9.4 of the

 

 

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1Criminal Code of 1961 or the Criminal Code of 2012, the sex
2offender shall within 3 days after beginning to reside in a
3household with a child under 18 years of age who is not his or
4her own child, provided that his or her own child is not the
5victim of the sex offense, report that information to the
6registering law enforcement agency. The law enforcement agency
7shall, within 3 days of the reporting in person by the person
8required to register under this Article, notify the Illinois
9Department of State Police of the new place of residence,
10change in employment, telephone number, cellular telephone
11number, or school.
12    If any person required to register under this Article
13intends to establish a residence or employment outside of the
14State of Illinois, at least 10 days before establishing that
15residence or employment, he or she shall report in person to
16the law enforcement agency with which he or she last
17registered of his or her out-of-state intended residence or
18employment. The law enforcement agency with which such person
19last registered shall, within 3 days after the reporting in
20person of the person required to register under this Article
21of an address or employment change, notify the Illinois
22Department of State Police. The Illinois Department of State
23Police shall forward such information to the out-of-state law
24enforcement agency having jurisdiction in the form and manner
25prescribed by the Illinois Department of State Police.
26(Source: P.A. 96-1094, eff. 1-1-11; 96-1104, eff. 1-1-11;

 

 

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197-333, eff. 8-12-11; 97-1150, eff. 1-25-13.)
 
2    (730 ILCS 150/7)  (from Ch. 38, par. 227)
3    Sec. 7. Duration of registration. A person who has been
4adjudicated to be sexually dangerous and is later released or
5found to be no longer sexually dangerous and discharged, shall
6register for the period of his or her natural life. A sexually
7violent person or sexual predator shall register for the
8period of his or her natural life after conviction or
9adjudication if not confined to a penal institution, hospital,
10or other institution or facility, and if confined, for the
11period of his or her natural life after parole, discharge, or
12release from any such facility. A person who becomes subject
13to registration under paragraph (2.1) of subsection (c) of
14Section 3 of this Article who has previously been subject to
15registration under this Article shall register for the period
16currently required for the offense for which the person was
17previously registered if not confined to a penal institution,
18hospital, or other institution or facility, and if confined,
19for the same period after parole, discharge, or release from
20any such facility. Except as otherwise provided in this
21Section, a person who becomes subject to registration under
22this Article who has previously been subject to registration
23under this Article or under the Murderer and Violent Offender
24Against Youth Registration Act or similar registration
25requirements of other jurisdictions shall register for the

 

 

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1period of his or her natural life if not confined to a penal
2institution, hospital, or other institution or facility, and
3if confined, for the period of his or her natural life after
4parole, discharge, or release from any such facility. Any
5other person who is required to register under this Article
6shall be required to register for a period of 10 years after
7conviction or adjudication if not confined to a penal
8institution, hospital or any other institution or facility,
9and if confined, for a period of 10 years after parole,
10discharge or release from any such facility. A sex offender
11who is allowed to leave a county, State, or federal facility
12for the purposes of work release, education, or overnight
13visitations shall be required to register within 3 days of
14beginning such a program. Liability for registration
15terminates at the expiration of 10 years from the date of
16conviction or adjudication if not confined to a penal
17institution, hospital or any other institution or facility and
18if confined, at the expiration of 10 years from the date of
19parole, discharge or release from any such facility, providing
20such person does not, during that period, again become liable
21to register under the provisions of this Article.
22Reconfinement due to a violation of parole or other
23circumstances that relates to the original conviction or
24adjudication shall extend the period of registration to 10
25years after final parole, discharge, or release. Reconfinement
26due to a violation of parole, a conviction reviving

 

 

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1registration, or other circumstances that do not relate to the
2original conviction or adjudication shall toll the running of
3the balance of the 10-year period of registration, which shall
4not commence running until after final parole, discharge, or
5release. The Director of the Illinois State Police, consistent
6with administrative rules, shall extend for 10 years the
7registration period of any sex offender, as defined in Section
82 of this Act, who fails to comply with the provisions of this
9Article. The registration period for any sex offender who
10fails to comply with any provision of the Act shall extend the
11period of registration by 10 years beginning from the first
12date of registration after the violation. If the registration
13period is extended, the Illinois Department of State Police
14shall send a registered letter to the law enforcement agency
15where the sex offender resides within 3 days after the
16extension of the registration period. The sex offender shall
17report to that law enforcement agency and sign for that
18letter. One copy of that letter shall be kept on file with the
19law enforcement agency of the jurisdiction where the sex
20offender resides and one copy shall be returned to the
21Illinois Department of State Police.
22(Source: P.A. 97-154, eff. 1-1-12; 97-578, eff. 1-1-12;
2397-813, eff. 7-13-12.)
 
24    (730 ILCS 150/8)  (from Ch. 38, par. 228)
25    Sec. 8. Registration and DNA submission requirements.

 

 

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1    (a) Registration. Registration as required by this Article
2shall consist of a statement in writing signed by the person
3giving the information that is required by the Illinois
4Department of State Police, which may include the fingerprints
5and must include a current photograph of the person, to be
6updated annually. If the sex offender is a child sex offender
7as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
81961 or the Criminal Code of 2012, he or she shall sign a
9statement that he or she understands that according to
10Illinois law as a child sex offender he or she may not reside
11within 500 feet of a school, park, or playground. The offender
12may also not reside within 500 feet of a facility providing
13services directed exclusively toward persons under 18 years of
14age unless the sex offender meets specified exemptions. The
15registration information must include whether the person is a
16sex offender as defined in the Sex Offender Community
17Notification Law. Within 3 days, the registering law
18enforcement agency shall forward any required information to
19the Illinois Department of State Police. The registering law
20enforcement agency shall enter the information into the Law
21Enforcement Agencies Data System (LEADS) as provided in
22Sections 6 and 7 of the Intergovernmental Missing Child
23Recovery Act of 1984.
24    (b) DNA submission. Every person registering as a sex
25offender pursuant to this Act, regardless of the date of
26conviction or the date of initial registration who is required

 

 

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1to submit specimens of blood, saliva, or tissue for DNA
2analysis as required by subsection (a) of Section 5-4-3 of the
3Unified Code of Corrections shall submit the specimens as
4required by that Section. Registered sex offenders who have
5previously submitted a DNA specimen which has been uploaded to
6the Illinois DNA database shall not be required to submit an
7additional specimen pursuant to this Section.
8(Source: P.A. 97-383, eff. 1-1-12; 97-1150, eff. 1-25-13.)
 
9    (730 ILCS 150/8-5)
10    Sec. 8-5. Verification requirements.
11    (a) Address verification. The agency having jurisdiction
12shall verify the address of sex offenders, as defined in
13Section 2 of this Act, or sexual predators required to
14register with their agency at least once per year. The
15verification must be documented in LEADS in the form and
16manner required by the Illinois Department of State Police.
17    (a-5) Internet Protocol address verification. The agency
18having jurisdiction may verify the Internet protocol (IP)
19address of sex offenders, as defined in Section 2 of this Act,
20who are required to register with their agency under Section 3
21of this Act. A copy of any such verification must be sent to
22the Attorney General for entrance in the Illinois Cyber-crimes
23Location Database pursuant to Section 5-4-3.2 of the Unified
24Code of Corrections.
25    (b) Registration verification. The supervising officer or

 

 

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1aftercare specialist, shall, within 15 days of sentencing to
2probation or release from an Illinois Department of
3Corrections or Illinois Department of Juvenile Justice
4facility or other penal institution, contact the law
5enforcement agency in the jurisdiction in which the sex
6offender or sexual predator designated as his or her intended
7residence and verify compliance with the requirements of this
8Act. Revocation proceedings shall be immediately commenced
9against a sex offender or sexual predator on probation,
10parole, aftercare release, or mandatory supervised release who
11fails to comply with the requirements of this Act.
12    (c) In an effort to ensure that sexual predators and sex
13offenders who fail to respond to address-verification attempts
14or who otherwise abscond from registration are located in a
15timely manner, the Illinois Department of State Police shall
16share information with local law enforcement agencies. The
17Department shall use analytical resources to assist local law
18enforcement agencies to determine the potential whereabouts of
19any sexual predator or sex offender who fails to respond to
20address-verification attempts or who otherwise absconds from
21registration. The Department shall review and analyze all
22available information concerning any such predator or offender
23who fails to respond to address-verification attempts or who
24otherwise absconds from registration and provide the
25information to local law enforcement agencies in order to
26assist the agencies in locating and apprehending the sexual

 

 

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1predator or sex offender.
2(Source: P.A. 98-558, eff. 1-1-14.)
 
3    (730 ILCS 150/11)
4    Sec. 11. Offender Registration Fund. There is created the
5Offender Registration Fund (formerly known as the Sex Offender
6Registration Fund). Moneys in the Fund shall be used to cover
7costs incurred by the criminal justice system to administer
8this Article and the Murderer and Violent Offender Against
9Youth Registration Act, and for purposes as authorized under
10Section 5-9-1.15 of the Unified Code of Corrections. The
11Illinois Department of State Police shall establish and
12promulgate rules and procedures regarding the administration
13of this Fund. Fifty percent of the moneys in the Fund shall be
14allocated by the Department for sheriffs' offices and police
15departments. The remaining moneys in the Fund received under
16this amendatory Act of the 101st General Assembly shall be
17allocated to the Illinois State Police for education and
18administration of the Act.
19(Source: P.A. 101-571, eff. 8-23-19.)
 
20    Section 1070. The Sex Offender Community Notification Law
21is amended by changing Sections 115, 116, 117, 120, and 121 as
22follows:
 
23    (730 ILCS 152/115)

 

 

SB2037- 2264 -LRB102 17120 WGH 22551 b

1    Sec. 115. Sex offender database.
2    (a) The Illinois Department of State Police shall
3establish and maintain a Statewide Sex Offender Database for
4the purpose of identifying sex offenders and making that
5information available to the persons specified in Sections 120
6and 125 of this Law. The Database shall be created from the Law
7Enforcement Agencies Data System (LEADS) established under
8Section 6 of the Intergovernmental Missing Child Recovery Act
9of 1984. The Illinois Department of State Police shall examine
10its LEADS database for persons registered as sex offenders
11under the Sex Offender Registration Act and shall identify
12those who are sex offenders and shall add all the information,
13including photographs if available, on those sex offenders to
14the Statewide Sex Offender Database.
15    (b) The Illinois Department of State Police must make the
16information contained in the Statewide Sex Offender Database
17accessible on the Internet by means of a hyperlink labeled
18"Sex Offender Information" on the Department's World Wide Web
19home page. The Department must make the information contained
20in the Statewide Sex Offender Database searchable via a
21mapping system which identifies registered sex offenders
22living within 5 miles of an identified address. The Illinois
23Department of State Police must update that information as it
24deems necessary.
25    The Illinois Department of State Police may require that a
26person who seeks access to the sex offender information submit

 

 

SB2037- 2265 -LRB102 17120 WGH 22551 b

1biographical information about himself or herself before
2permitting access to the sex offender information. The
3Illinois Department of State Police must promulgate rules in
4accordance with the Illinois Administrative Procedure Act to
5implement this subsection (b) and those rules must include
6procedures to ensure that the information in the database is
7accurate.
8    (c) The Illinois Department of State Police, Sex Offender
9Registration Unit, must develop and conduct training to
10educate all those entities involved in the Sex Offender
11Registration Program.
12(Source: P.A. 93-979, eff. 8-20-04; 94-994, eff. 1-1-07.)
 
13    (730 ILCS 152/116)
14    Sec. 116. Missing Sex Offender Database.
15    (a) The Illinois Department of State Police shall
16establish and maintain a Statewide Missing Sex Offender
17Database for the purpose of identifying missing sex offenders
18and making that information available to the persons specified
19in Sections 120 and 125 of this Law. The Database shall be
20created from the Law Enforcement Agencies Data System (LEADS)
21established under Section 6 of the Intergovernmental Missing
22Child Recovery Act of 1984. The Illinois Department of State
23Police shall examine its LEADS database for persons registered
24as sex offenders under the Sex Offender Registration Act and
25shall identify those who are sex offenders and who have not

 

 

SB2037- 2266 -LRB102 17120 WGH 22551 b

1complied with the provisions of Section 6 of that Act or whose
2address can not be verified under Section 8-5 of that Act and
3shall add all the information, including photographs if
4available, on those missing sex offenders to the Statewide Sex
5Offender Database.
6    (b) The Illinois Department of State Police must make the
7information contained in the Statewide Missing Sex Offender
8Database accessible on the Internet by means of a hyperlink
9labeled "Missing Sex Offender Information" on the Department's
10World Wide Web home page and on the Attorney General's I-SORT
11page. The Illinois Department of State Police must update that
12information as it deems necessary. The Internet page shall
13also include information that rewards may be available to
14persons who inform the Illinois Department of State Police or
15a local law enforcement agency of the whereabouts of a missing
16sex offender.
17    The Illinois Department of State Police may require that a
18person who seeks access to the missing sex offender
19information submit biographical information about himself or
20herself before permitting access to the missing sex offender
21information. The Illinois Department of State Police must
22promulgate rules in accordance with the Illinois
23Administrative Procedure Act to implement this subsection (b)
24and those rules must include procedures to ensure that the
25information in the database is accurate.
26    (c) The Illinois Department of State Police, Sex Offender

 

 

SB2037- 2267 -LRB102 17120 WGH 22551 b

1Registration Unit, must develop and conduct training to
2educate all those entities involved in the Missing Sex
3Offender Registration Program.
4(Source: P.A. 98-921, eff. 8-15-14.)
 
5    (730 ILCS 152/117)
6    Sec. 117. The Illinois Department of State Police shall
7promulgate rules to develop a list of sex offenders covered by
8this Act and a list of child care facilities, schools, and
9institutions of higher education eligible to receive notice
10under this Act, so that the list can be disseminated in a
11timely manner to law enforcement agencies having jurisdiction.
12(Source: P.A. 92-828, eff. 8-22-02.)
 
13    (730 ILCS 152/120)
14    Sec. 120. Community notification of sex offenders.
15    (a) The sheriff of the county, except Cook County, shall
16disclose to the following the name, address, date of birth,
17place of employment, school attended, e-mail addresses,
18instant messaging identities, chat room identities, other
19Internet communications identities, all Uniform Resource
20Locators (URLs) registered or used by the sex offender, all
21blogs and other Internet sites maintained by the sex offender
22or to which the sex offender has uploaded any content or posted
23any messages or information, and offense or adjudication of
24all sex offenders required to register under Section 3 of the

 

 

SB2037- 2268 -LRB102 17120 WGH 22551 b

1Sex Offender Registration Act:
2        (1) The boards of institutions of higher education or
3    other appropriate administrative offices of each
4    non-public institution of higher education located in the
5    county where the sex offender is required to register,
6    resides, is employed, or is attending an institution of
7    higher education;
8        (2) School boards of public school districts and the
9    principal or other appropriate administrative officer of
10    each nonpublic school located in the county where the sex
11    offender is required to register or is employed;
12        (3) Child care facilities located in the county where
13    the sex offender is required to register or is employed;
14        (4) Libraries located in the county where the sex
15    offender is required to register or is employed;
16        (5) Public libraries located in the county where the
17    sex offender is required to register or is employed;
18        (6) Public housing agencies located in the county
19    where the sex offender is required to register or is
20    employed;
21        (7) The Illinois Department of Children and Family
22    Services;
23        (8) Social service agencies providing services to
24    minors located in the county where the sex offender is
25    required to register or is employed;
26        (9) Volunteer organizations providing services to

 

 

SB2037- 2269 -LRB102 17120 WGH 22551 b

1    minors located in the county where the sex offender is
2    required to register or is employed; and
3        (10) A victim of a sex offense residing in the county
4    where the sex offender is required to register or is
5    employed, who is not otherwise required to be notified
6    under Section 4.5 of the Rights of Crime Victims and
7    Witnesses Act or Section 75 of the Sexually Violent
8    Persons Commitment Act.
9    (a-2) The sheriff of Cook County shall disclose to the
10following the name, address, date of birth, place of
11employment, school attended, e-mail addresses, instant
12messaging identities, chat room identities, other Internet
13communications identities, all Uniform Resource Locators
14(URLs) registered or used by the sex offender, all blogs and
15other Internet sites maintained by the sex offender or to
16which the sex offender has uploaded any content or posted any
17messages or information, and offense or adjudication of all
18sex offenders required to register under Section 3 of the Sex
19Offender Registration Act:
20        (1) School boards of public school districts and the
21    principal or other appropriate administrative officer of
22    each nonpublic school located within the region of Cook
23    County, as those public school districts and nonpublic
24    schools are identified in LEADS, other than the City of
25    Chicago, where the sex offender is required to register or
26    is employed;

 

 

SB2037- 2270 -LRB102 17120 WGH 22551 b

1        (2) Child care facilities located within the region of
2    Cook County, as those child care facilities are identified
3    in LEADS, other than the City of Chicago, where the sex
4    offender is required to register or is employed;
5        (3) The boards of institutions of higher education or
6    other appropriate administrative offices of each
7    non-public institution of higher education located in the
8    county, other than the City of Chicago, where the sex
9    offender is required to register, resides, is employed, or
10    attending an institution of higher education;
11        (4) Libraries located in the county, other than the
12    City of Chicago, where the sex offender is required to
13    register, resides, is employed, or is attending an
14    institution of higher education;
15        (5) Public libraries located in the county, other than
16    the City of Chicago, where the sex offender is required to
17    register, resides, is employed, or attending an
18    institution of higher education;
19        (6) Public housing agencies located in the county,
20    other than the City of Chicago, where the sex offender is
21    required to register, resides, is employed, or attending
22    an institution of higher education;
23        (7) The Illinois Department of Children and Family
24    Services;
25        (8) Social service agencies providing services to
26    minors located in the county, other than the City of

 

 

SB2037- 2271 -LRB102 17120 WGH 22551 b

1    Chicago, where the sex offender is required to register,
2    resides, is employed, or attending an institution of
3    higher education;
4        (9) Volunteer organizations providing services to
5    minors located in the county, other than the City of
6    Chicago, where the sex offender is required to register,
7    resides, is employed, or attending an institution of
8    higher education; and
9        (10) A victim of a sex offense residing in the county,
10    other than the City of Chicago, where the sex offender is
11    required to register, resides, is employed, or attends an
12    institution of higher education, who is not otherwise
13    required to be notified under Section 4.5 of the Rights of
14    Crime Victims and Witnesses Act or Section 75 of the
15    Sexually Violent Persons Commitment Act.
16    (a-3) The Chicago Police Department shall disclose to the
17following the name, address, date of birth, place of
18employment, school attended, e-mail addresses, instant
19messaging identities, chat room identities, other Internet
20communications identities, all Uniform Resource Locators
21(URLs) registered or used by the sex offender, all blogs and
22other Internet sites maintained by the sex offender or to
23which the sex offender has uploaded any content or posted any
24messages or information, and offense or adjudication of all
25sex offenders required to register under Section 3 of the Sex
26Offender Registration Act:

 

 

SB2037- 2272 -LRB102 17120 WGH 22551 b

1        (1) School boards of public school districts and the
2    principal or other appropriate administrative officer of
3    each nonpublic school located in the police district where
4    the sex offender is required to register or is employed if
5    the offender is required to register or is employed in the
6    City of Chicago;
7        (2) Child care facilities located in the police
8    district where the sex offender is required to register or
9    is employed if the offender is required to register or is
10    employed in the City of Chicago;
11        (3) The boards of institutions of higher education or
12    other appropriate administrative offices of each
13    non-public institution of higher education located in the
14    police district where the sex offender is required to
15    register, resides, is employed, or attending an
16    institution of higher education in the City of Chicago;
17        (4) Libraries located in the police district where the
18    sex offender is required to register or is employed if the
19    offender is required to register or is employed in the
20    City of Chicago;
21        (5) Public libraries located in the police district
22    where the sex offender is required to register, resides,
23    is employed, or attending an institution of higher
24    education in the City of Chicago;
25        (6) Public housing agencies located in the police
26    district where the sex offender is required to register,

 

 

SB2037- 2273 -LRB102 17120 WGH 22551 b

1    resides, is employed, or attending an institution of
2    higher education in the City of Chicago;
3        (7) The Illinois Department of Children and Family
4    Services;
5        (8) Social service agencies providing services to
6    minors located in the police district where the sex
7    offender is required to register, resides, is employed, or
8    attending an institution of higher education in the City
9    of Chicago;
10        (9) Volunteer organizations providing services to
11    minors located in the police district where the sex
12    offender is required to register, resides, is employed, or
13    attending an institution of higher education in the City
14    of Chicago; and
15        (10) A victim of a sex offense residing in the police
16    district where the sex offender is required to register,
17    resides, is employed, or attends an institution of higher
18    education in the City of Chicago, who is not otherwise
19    required to be notified under Section 4.5 of the Rights of
20    Crime Victims and Witnesses Act or Section 75 of the
21    Sexually Violent Persons Commitment Act.
22    (a-4) The Illinois Department of State Police shall
23provide a list of sex offenders required to register to the
24Illinois Department of Children and Family Services.
25    (b) The Illinois Department of State Police and any law
26enforcement agency may disclose, in the Department's or

 

 

SB2037- 2274 -LRB102 17120 WGH 22551 b

1agency's discretion, the following information to any person
2likely to encounter a sex offender, or sexual predator:
3        (1) The offender's name, address, date of birth,
4    e-mail addresses, instant messaging identities, chat room
5    identities, and other Internet communications identities,
6    all Uniform Resource Locators (URLs) registered or used by
7    the sex offender, and all blogs and other Internet sites
8    maintained by the sex offender or to which the sex
9    offender has uploaded any content or posted any messages
10    or information.
11        (2) The offense for which the offender was convicted.
12        (3) Adjudication as a sexually dangerous person.
13        (4) The offender's photograph or other such
14    information that will help identify the sex offender.
15        (5) Offender employment information, to protect public
16    safety.
17    (c) The name, address, date of birth, e-mail addresses,
18instant messaging identities, chat room identities, other
19Internet communications identities, all Uniform Resource
20Locators (URLs) registered or used by the sex offender, all
21blogs and other Internet sites maintained by the sex offender
22or to which the sex offender has uploaded any content or posted
23any messages or information, offense or adjudication, the
24county of conviction, license plate numbers for every vehicle
25registered in the name of the sex offender, the age of the sex
26offender at the time of the commission of the offense, the age

 

 

SB2037- 2275 -LRB102 17120 WGH 22551 b

1of the victim at the time of the commission of the offense, and
2any distinguishing marks located on the body of the sex
3offender for sex offenders required to register under Section
43 of the Sex Offender Registration Act shall be open to
5inspection by the public as provided in this Section. Every
6municipal police department shall make available at its
7headquarters the information on all sex offenders who are
8required to register in the municipality under the Sex
9Offender Registration Act. The sheriff shall also make
10available at his or her headquarters the information on all
11sex offenders who are required to register under that Act and
12who live in unincorporated areas of the county. Sex offender
13information must be made available for public inspection to
14any person, no later than 72 hours or 3 business days from the
15date of the request. The request must be made in person, in
16writing, or by telephone. Availability must include giving the
17inquirer access to a facility where the information may be
18copied. A department or sheriff may charge a fee, but the fee
19may not exceed the actual costs of copying the information. An
20inquirer must be allowed to copy this information in his or her
21own handwriting. A department or sheriff must allow access to
22the information during normal public working hours. The
23sheriff or a municipal police department may publish the
24photographs of sex offenders where any victim was 13 years of
25age or younger and who are required to register in the
26municipality or county under the Sex Offender Registration Act

 

 

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1in a newspaper or magazine of general circulation in the
2municipality or county or may disseminate the photographs of
3those sex offenders on the Internet or on television. The law
4enforcement agency may make available the information on all
5sex offenders residing within any county.
6    (d) The Illinois Department of State Police and any law
7enforcement agency having jurisdiction may, in the
8Department's or agency's discretion, place the information
9specified in subsection (b) on the Internet or in other media.
10    (e) (Blank).
11    (f) The administrator of a transitional housing facility
12for sex offenders shall comply with the notification
13procedures established in paragraph (4) of subsection (b) of
14Section 3-17-5 of the Unified Code of Corrections.
15    (g) A principal or teacher of a public or private
16elementary or secondary school shall notify the parents of
17children attending the school during school registration or
18during parent-teacher conferences that information about sex
19offenders is available to the public as provided in this Act.
20    (h) In order to receive notice under paragraph (10) of
21subsection (a), paragraph (10) of subsection (a-2), or
22paragraph (10) of subsection (a-3), the victim of the sex
23offense must notify the appropriate sheriff or the Chicago
24Police Department in writing, by facsimile transmission, or by
25e-mail that the victim desires to receive such notice.
26    (i) For purposes of this Section, "victim of a sex

 

 

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1offense" means:
2        (1) the victim of the sex offense; or
3        (2) a single representative who may be the spouse,
4    parent, child, or sibling of a person killed during the
5    course of a sex offense perpetrated against the person
6    killed or the spouse, parent, child, or sibling of any
7    victim of a sex offense who is physically or mentally
8    incapable of comprehending or requesting notice.
9(Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06;
1094-994, eff. 1-1-07; 95-229, eff. 8-16-07; 95-278, eff.
118-17-07; 95-640, eff. 6-1-08; 95-876, eff. 8-21-08; 95-896,
12eff. 1-1-09.)
 
13    (730 ILCS 152/121)
14    Sec. 121. Notification regarding juvenile offenders.
15    (a) The Illinois Department of State Police and any law
16enforcement agency having jurisdiction may, in the
17Department's or agency's discretion, only provide the
18information specified in subsection (b) of Section 120 of this
19Act, with respect to an adjudicated juvenile delinquent, to
20any person when that person's safety may be compromised for
21some reason related to the juvenile sex offender.
22    (b) The local law enforcement agency having jurisdiction
23to register the juvenile sex offender shall ascertain from the
24juvenile sex offender whether the juvenile sex offender is
25enrolled in school; and if so, shall provide a copy of the sex

 

 

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1offender registration form only to the principal or chief
2administrative officer of the school and any guidance
3counselor designated by him or her. The registration form
4shall be kept separately from any and all school records
5maintained on behalf of the juvenile sex offender.
6(Source: P.A. 94-168, eff. 1-1-06; 95-331, eff. 8-21-07.)
 
7    Section 1075. The Murderer and Violent Offender Against
8Youth Registration Act is amended by changing Sections 10, 11,
913, 15, 20, 25, 30, 40, 45, 46, 50, 85, 90, 95, and 100 as
10follows:
 
11    (730 ILCS 154/10)
12    Sec. 10. Duty to register.
13    (a) A violent offender against youth shall, within the
14time period prescribed in subsections (b) and (c), register in
15person and provide accurate information as required by the
16Illinois Department of State Police. Such information shall
17include a current photograph, current address, current place
18of employment, the employer's telephone number, school
19attended, extensions of the time period for registering as
20provided in this Act and, if an extension was granted, the
21reason why the extension was granted and the date the violent
22offender against youth was notified of the extension. A person
23who has been adjudicated a juvenile delinquent for an act
24which, if committed by an adult, would be a violent offense

 

 

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1against youth shall register as an adult violent offender
2against youth within 10 days after attaining 17 years of age.
3The violent offender against youth shall register:
4        (1) with the chief of police in the municipality in
5    which he or she resides or is temporarily domiciled for a
6    period of time of 5 or more days, unless the municipality
7    is the City of Chicago, in which case he or she shall
8    register at a fixed location designated by the
9    Superintendent of the Chicago Police Department; or
10        (2) with the sheriff in the county in which he or she
11    resides or is temporarily domiciled for a period of time
12    of 5 or more days in an unincorporated area or, if
13    incorporated, no police chief exists.
14    If the violent offender against youth is employed at or
15attends an institution of higher education, he or she shall
16register:
17        (i) with the chief of police in the municipality in
18    which he or she is employed at or attends an institution of
19    higher education, unless the municipality is the City of
20    Chicago, in which case he or she shall register at a fixed
21    location designated by the Superintendent of the Chicago
22    Police Department; or
23        (ii) with the sheriff in the county in which he or she
24    is employed or attends an institution of higher education
25    located in an unincorporated area, or if incorporated, no
26    police chief exists.

 

 

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1    For purposes of this Act, the place of residence or
2temporary domicile is defined as any and all places where the
3violent offender against youth resides for an aggregate period
4of time of 5 or more days during any calendar year. Any person
5required to register under this Act who lacks a fixed address
6or temporary domicile must notify, in person, the agency of
7jurisdiction of his or her last known address within 5 days
8after ceasing to have a fixed residence.
9    Any person who lacks a fixed residence must report weekly,
10in person, with the sheriff's office of the county in which he
11or she is located in an unincorporated area, or with the chief
12of police in the municipality in which he or she is located.
13The agency of jurisdiction will document each weekly
14registration to include all the locations where the person has
15stayed during the past 7 days.
16    The violent offender against youth shall provide accurate
17information as required by the Illinois Department of State
18Police. That information shall include the current place of
19employment of the violent offender against youth.
20    (a-5) An out-of-state student or out-of-state employee
21shall, within 5 days after beginning school or employment in
22this State, register in person and provide accurate
23information as required by the Illinois Department of State
24Police. Such information will include current place of
25employment, school attended, and address in state of
26residence. The out-of-state student or out-of-state employee

 

 

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1shall register:
2        (1) with the chief of police in the municipality in
3    which he or she attends school or is employed for a period
4    of time of 5 or more days or for an aggregate period of
5    time of more than 30 days during any calendar year, unless
6    the municipality is the City of Chicago, in which case he
7    or she shall register at a fixed location designated by
8    the Superintendent of the Chicago Police Department; or
9        (2) with the sheriff in the county in which he or she
10    attends school or is employed for a period of time of 5 or
11    more days or for an aggregate period of time of more than
12    30 days during any calendar year in an unincorporated area
13    or, if incorporated, no police chief exists.
14    The out-of-state student or out-of-state employee shall
15provide accurate information as required by the Illinois
16Department of State Police. That information shall include the
17out-of-state student's current place of school attendance or
18the out-of-state employee's current place of employment.
19    (b) Any violent offender against youth regardless of any
20initial, prior, or other registration, shall, within 5 days of
21beginning school, or establishing a residence, place of
22employment, or temporary domicile in any county, register in
23person as set forth in subsection (a) or (a-5).
24    (c) The registration for any person required to register
25under this Act shall be as follows:
26        (1) Except as provided in paragraph (3) of this

 

 

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1    subsection (c), any person who has not been notified of
2    his or her responsibility to register shall be notified by
3    a criminal justice entity of his or her responsibility to
4    register. Upon notification the person must then register
5    within 5 days of notification of his or her requirement to
6    register. If notification is not made within the
7    offender's 10 year registration requirement, and the
8    Illinois Department of State Police determines no evidence
9    exists or indicates the offender attempted to avoid
10    registration, the offender will no longer be required to
11    register under this Act.
12        (2) Except as provided in paragraph (3) of this
13    subsection (c), any person convicted on or after the
14    effective date of this Act shall register in person within
15    5 days after the entry of the sentencing order based upon
16    his or her conviction.
17        (3) Any person unable to comply with the registration
18    requirements of this Act because he or she is confined,
19    institutionalized, or imprisoned in Illinois on or after
20    the effective date of this Act shall register in person
21    within 5 days of discharge, parole or release.
22        (4) The person shall provide positive identification
23    and documentation that substantiates proof of residence at
24    the registering address.
25        (5) The person shall pay a $20 initial registration
26    fee and a $10 annual renewal fee. The fees shall be

 

 

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1    deposited into the Offender Registration Fund. The fees
2    shall be used by the registering agency for official
3    purposes. The agency shall establish procedures to
4    document receipt and use of the funds. The law enforcement
5    agency having jurisdiction may waive the registration fee
6    if it determines that the person is indigent and unable to
7    pay the registration fee.
8    (d) Within 5 days after obtaining or changing employment,
9a person required to register under this Section must report,
10in person to the law enforcement agency having jurisdiction,
11the business name and address where he or she is employed. If
12the person has multiple businesses or work locations, every
13business and work location must be reported to the law
14enforcement agency having jurisdiction.
15(Source: P.A. 101-571, eff. 8-23-19.)
 
16    (730 ILCS 154/11)
17    Sec. 11. Transfer from the sex offender registry.
18    (a) The registration information for a person registered
19under the Sex Offender Registration Act who was convicted or
20adjudicated for an offense listed in subsection (b) of Section
215 of this Act may only be transferred to the Murderer and
22Violent Offender Against Youth Registry if all the following
23conditions are met:
24        (1) The offender's sole offense requiring registration
25    was a conviction or adjudication for an offense or

 

 

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1    offenses listed in subsection (b) of Section 5 of this
2    Act.
3        (2) The State's Attorney's Office in the county in
4    which the offender was convicted has verified, on a form
5    prescribed by the Illinois State Police, that the person's
6    crime that required or requires registration was not
7    sexually motivated as defined in Section 10 of the Sex
8    Offender Management Board Act.
9        (3) The completed form has been received by the
10    registering law enforcement agency and the Illinois State
11    Police's Sex Offender Registration Unit.
12    (b) Transfer under this Section shall not extend the
13registration period for offenders who were registered under
14the Sex Offender Registration Act.
15(Source: P.A. 97-154, eff. 1-1-12.)
 
16    (730 ILCS 154/13)
17    Sec. 13. Request for Review.
18    (a) Any person who is required to register under this Act
19may file a Request for Review with the office of the State's
20Attorney of the county in which he or she was convicted, and
21request that the office of the State's Attorney review his or
22her registration information. Upon receipt of a Request for
23Review, the State's Attorney shall review the information
24provided by the offender, and if he or she determines that the
25information currently relied upon for registration is

 

 

SB2037- 2285 -LRB102 17120 WGH 22551 b

1inaccurate, the State's Attorney shall correct the error
2before reporting the offender's personal information to the
3Illinois Department of State Police. If the State's Attorney
4makes a determination to deny a Request for Review, the
5State's Attorney shall give the reason why and the information
6relied upon for denying the Request for Review.
7    (b) Within 60 days of a denial of a request for review an
8offender may appeal the decision of the State's Attorney to
9deny the Request for Review in the circuit court.
10(Source: P.A. 100-946, eff. 1-1-19.)
 
11    (730 ILCS 154/15)
12    Sec. 15. Discharge of violent offender against youth.
13Discharge of violent offender against youth from Department of
14Corrections facility or other penal institution; duties of
15official in charge. Any violent offender against youth who is
16discharged, paroled, or released from a Department of
17Corrections facility, a facility where such person was placed
18by the Department of Corrections or another penal institution,
19and whose liability for registration has not terminated under
20Section 40 shall, prior to discharge, parole or release from
21the facility or institution, be informed of his or her duty to
22register in person within 5 days of release by the facility or
23institution in which he or she was confined. The facility or
24institution shall also inform any person who must register
25that if he or she establishes a residence outside of the State

 

 

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1of Illinois, is employed outside of the State of Illinois, or
2attends school outside of the State of Illinois, he or she must
3register in the new state within 5 days after establishing the
4residence, beginning employment, or beginning school.
5    The facility shall require the person to read and sign
6such form as may be required by the Illinois Department of
7State Police stating that the duty to register and the
8procedure for registration has been explained to him or her
9and that he or she understands the duty to register and the
10procedure for registration. The facility shall further advise
11the person in writing that the failure to register or other
12violation of this Act shall result in revocation of parole,
13aftercare release, mandatory supervised release or conditional
14release. The facility shall obtain information about where the
15person expects to reside, work, and attend school upon his or
16her discharge, parole or release and shall report the
17information to the Illinois Department of State Police. The
18facility shall give one copy of the form to the person and
19shall send one copy to each of the law enforcement agencies
20having jurisdiction where the person expects to reside, work,
21and attend school upon his or her discharge, parole or release
22and retain one copy for the files. Electronic data files which
23includes all notification form information and photographs of
24violent offenders against youth being released from an
25Illinois Department of Corrections or Illinois Department of
26Juvenile Justice facility will be shared on a regular basis as

 

 

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1determined between the Illinois Department of State Police,
2the Department of Corrections and Department of Juvenile
3Justice.
4(Source: P.A. 98-558, eff. 1-1-14.)
 
5    (730 ILCS 154/20)
6    Sec. 20. Release of violent offender against youth; duties
7of the Court. Any violent offender against youth who is
8released on probation or discharged upon payment of a fine
9because of the commission of one of the offenses defined in
10subsection (b) of Section 5 of this Act, shall, prior to such
11release be informed of his or her duty to register under this
12Act by the Court in which he or she was convicted. The Court
13shall also inform any person who must register that if he or
14she establishes a residence outside of the State of Illinois,
15is employed outside of the State of Illinois, or attends
16school outside of the State of Illinois, he or she must
17register in the new state within 5 days after establishing the
18residence, beginning employment, or beginning school. The
19Court shall require the person to read and sign such form as
20may be required by the Illinois Department of State Police
21stating that the duty to register and the procedure for
22registration has been explained to him or her and that he or
23she understands the duty to register and the procedure for
24registration. The Court shall further advise the person in
25writing that the failure to register or other violation of

 

 

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1this Act shall result in probation revocation. The Court shall
2obtain information about where the person expects to reside,
3work, and attend school upon his or her release, and shall
4report the information to the Illinois Department of State
5Police. The Court shall give one copy of the form to the person
6and retain the original in the court records. The Illinois
7Department of State Police shall notify the law enforcement
8agencies having jurisdiction where the person expects to
9reside, work and attend school upon his or her release.
10(Source: P.A. 94-945, eff. 6-27-06.)
 
11    (730 ILCS 154/25)
12    Sec. 25. Discharge of violent offender against youth from
13hospital. Discharge of violent offender against youth from a
14hospital or other treatment facility; duties of the official
15in charge. Any violent offender against youth who is
16discharged or released from a hospital or other treatment
17facility where he or she was confined shall be informed by the
18hospital or treatment facility in which he or she was
19confined, prior to discharge or release from the hospital or
20treatment facility, of his or her duty to register under this
21Act.
22    The facility shall require the person to read and sign
23such form as may be required by the Illinois Department of
24State Police stating that the duty to register and the
25procedure for registration have been explained to him or her

 

 

SB2037- 2289 -LRB102 17120 WGH 22551 b

1and that he or she understands the duty to register and the
2procedure for registration. The facility shall give one copy
3of the form to the person, retain one copy for its records, and
4forward the original to the Illinois Department of State
5Police. The facility shall obtain information about where the
6person expects to reside, work, and attend school upon his or
7her discharge, parole, or release and shall report the
8information to the Illinois Department of State Police within
93 days. The facility or institution shall also inform any
10person who must register that if he or she establishes a
11residence outside of the State of Illinois, is employed
12outside of the State of Illinois, or attends school outside of
13the State of Illinois, he or she must register in the new state
14within 5 days after establishing the residence, beginning
15school, or beginning employment. The Illinois Department of
16State Police shall notify the law enforcement agencies having
17jurisdiction where the person expects to reside, work, and
18attend school upon his or her release.
19(Source: P.A. 94-945, eff. 6-27-06.)
 
20    (730 ILCS 154/30)
21    Sec. 30. Duty to report; change of address, school, or
22employment; duty to inform. Any violent offender against
23youth who is required to register under this Act shall report
24in person to the appropriate law enforcement agency with whom
25he or she last registered within one year from the date of last

 

 

SB2037- 2290 -LRB102 17120 WGH 22551 b

1registration and every year thereafter and at such other times
2at the request of the law enforcement agency not to exceed 4
3times a year. If any person required to register under this Act
4lacks a fixed residence or temporary domicile, he or she must
5notify, in person, the agency of jurisdiction of his or her
6last known address within 5 days after ceasing to have a fixed
7residence and if the offender leaves the last jurisdiction of
8residence, he or she must, within 48 hours after leaving,
9register in person with the new agency of jurisdiction. If any
10other person required to register under this Act changes his
11or her residence address, place of employment, or school, he
12or she shall report in person to the law enforcement agency
13with whom he or she last registered of his or her new address,
14change in employment, or school and register, in person, with
15the appropriate law enforcement agency within the time period
16specified in Section 10. The law enforcement agency shall,
17within 3 days of the reporting in person by the person required
18to register under this Act, notify the Illinois Department of
19State Police of the new place of residence, change in
20employment, or school.
21    If any person required to register under this Act intends
22to establish a residence or employment outside of the State of
23Illinois, at least 10 days before establishing that residence
24or employment, he or she shall report in person to the law
25enforcement agency with which he or she last registered of his
26or her out-of-state intended residence or employment. The law

 

 

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1enforcement agency with which such person last registered
2shall, within 3 days after the reporting in person of the
3person required to register under this Act of an address or
4employment change, notify the Illinois Department of State
5Police. The Illinois Department of State Police shall forward
6such information to the out-of-state law enforcement agency
7having jurisdiction in the form and manner prescribed by the
8Illinois Department of State Police.
9(Source: P.A. 94-945, eff. 6-27-06.)
 
10    (730 ILCS 154/40)
11    Sec. 40. Duration of registration. A person who becomes
12subject to registration under this Article who has previously
13been subject to registration under this Article or under the
14Sex Offender Registration Act or similar registration
15requirements of other jurisdictions shall register for the
16period of his or her natural life if not confined to a penal
17institution, hospital, or other institution or facility, and
18if confined, for the period of his or her natural life after
19parole, discharge, or release from any such facility. Any
20other person who is required to register under this Act shall
21be required to register for a period of 10 years after
22conviction or adjudication if not confined to a penal
23institution, hospital or any other institution or facility,
24and if confined, for a period of 10 years after parole,
25discharge or release from any such facility. A violent

 

 

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1offender against youth who is allowed to leave a county,
2State, or federal facility for the purposes of work release,
3education, or overnight visitations shall be required to
4register within 5 days of beginning such a program. Liability
5for registration terminates at the expiration of 10 years from
6the date of conviction or adjudication if not confined to a
7penal institution, hospital or any other institution or
8facility and if confined, at the expiration of 10 years from
9the date of parole, discharge or release from any such
10facility, providing such person does not, during that period,
11again become liable to register under the provisions of this
12Act. Reconfinement due to a violation of parole or other
13circumstances that relates to the original conviction or
14adjudication shall extend the period of registration to 10
15years after final parole, discharge, or release. The Director
16of the Illinois State Police, consistent with administrative
17rules, shall extend for 10 years the registration period of
18any violent offender against youth who fails to comply with
19the provisions of this Act. The registration period for any
20violent offender against youth who fails to comply with any
21provision of the Act shall extend the period of registration
22by 10 years beginning from the first date of registration
23after the violation. If the registration period is extended,
24the Illinois Department of State Police shall send a
25registered letter to the law enforcement agency where the
26violent offender against youth resides within 3 days after the

 

 

SB2037- 2293 -LRB102 17120 WGH 22551 b

1extension of the registration period. The violent offender
2against youth shall report to that law enforcement agency and
3sign for that letter. One copy of that letter shall be kept on
4file with the law enforcement agency of the jurisdiction where
5the violent offender against youth resides and one copy shall
6be returned to the Illinois Department of State Police.
7(Source: P.A. 94-945, eff. 6-27-06; 95-169, eff. 8-14-07.)
 
8    (730 ILCS 154/45)
9    Sec. 45. Registration requirements. Registration as
10required by this Act shall consist of a statement in writing
11signed by the person giving the information that is required
12by the Illinois Department of State Police, which may include
13the fingerprints and must include a current photograph of the
14person, to be updated annually. The registration information
15must include whether the person is a violent offender against
16youth. Within 3 days, the registering law enforcement agency
17shall forward any required information to the Illinois
18Department of State Police. The registering law enforcement
19agency shall enter the information into the Law Enforcement
20Agencies Data System (LEADS) as provided in Sections 6 and 7 of
21the Intergovernmental Missing Child Recovery Act of 1984.
22(Source: P.A. 94-945, eff. 6-27-06.)
 
23    (730 ILCS 154/46)
24    Sec. 46. Notification of case information from the office

 

 

SB2037- 2294 -LRB102 17120 WGH 22551 b

1of the State's Attorney. The office of the State's Attorney
2shall provide the Illinois Department of State Police
3Registration Unit all relevant case information that
4determines a registrant's place on the registry, including,
5but not limited to, the date of the offense, the name of the
6offender, the date of birth of the offender, the nature of the
7crime, and the date of birth of the victim in order to
8facilitate proper registry placement and to prevent the
9necessity for future Requests for Review of a registrant's
10information.
11(Source: P.A. 100-946, eff. 1-1-19.)
 
12    (730 ILCS 154/50)
13    Sec. 50. Verification requirements.
14    (a) The agency having jurisdiction shall verify the
15address of violent offenders against youth required to
16register with their agency at least once per year. The
17verification must be documented in LEADS in the form and
18manner required by the Illinois Department of State Police.
19    (b) The supervising officer or aftercare specialist,
20shall, within 15 days of sentencing to probation or release
21from an Illinois Department of Corrections facility or other
22penal institution, contact the law enforcement agency in the
23jurisdiction which the violent offender against youth
24designated as his or her intended residence and verify
25compliance with the requirements of this Act. Revocation

 

 

SB2037- 2295 -LRB102 17120 WGH 22551 b

1proceedings shall be immediately commenced against a violent
2offender against youth on probation, parole, aftercare
3release, or mandatory supervised release who fails to comply
4with the requirements of this Act.
5(Source: P.A. 98-558, eff. 1-1-14.)
 
6    (730 ILCS 154/85)
7    Sec. 85. Murderer and Violent Offender Against Youth
8Database.
9    (a) The Illinois Department of State Police shall
10establish and maintain a Statewide Murderer and Violent
11Offender Against Youth Database for the purpose of identifying
12violent offenders against youth and making that information
13available to the persons specified in Section 95. The Database
14shall be created from the Law Enforcement Agencies Data System
15(LEADS) established under Section 6 of the Intergovernmental
16Missing Child Recovery Act of 1984. The Illinois Department of
17State Police shall examine its LEADS database for persons
18registered as violent offenders against youth under this Act
19and shall identify those who are violent offenders against
20youth and shall add all the information, including photographs
21if available, on those violent offenders against youth to the
22Statewide Murderer and Violent Offender Against Youth
23Database.
24    (b) The Illinois Department of State Police must make the
25information contained in the Statewide Murderer and Violent

 

 

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1Offender Against Youth Database accessible on the Internet by
2means of a hyperlink labeled "Murderer and Violent Offender
3Against Youth Information" on the Department's World Wide Web
4home page. The Illinois Department of State Police must update
5that information as it deems necessary.
6    The Illinois Department of State Police may require that a
7person who seeks access to the violent offender against youth
8information submit biographical information about himself or
9herself before permitting access to the violent offender
10against youth information. The Illinois Department of State
11Police must promulgate rules in accordance with the Illinois
12Administrative Procedure Act to implement this subsection (b)
13and those rules must include procedures to ensure that the
14information in the database is accurate.
15    (c) The Illinois Department of State Police must develop
16and conduct training to educate all those entities involved in
17the Murderer and Violent Offender Against Youth Registration
18Program.
19    (d) The Illinois Department of State Police shall commence
20the duties prescribed in the Murderer and Violent Offender
21Against Youth Registration Act within 12 months after the
22effective date of this Act.
23    (e) The Illinois Department of State Police shall collect
24and annually report, on or before December 31 of each year, the
25following information, making it publicly accessible on the
26Illinois Department of State Police website:

 

 

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1        (1) the number of registrants;
2        (2) the number of registrants currently registered for
3    each offense requiring registration; and
4        (3) biographical data, such as age of the registrant,
5    race of the registrant, and age of the victim.
6(Source: P.A. 100-946, eff. 1-1-19.)
 
7    (730 ILCS 154/90)
8    Sec. 90. List of violent offenders against youth; list of
9facilities, schools, and institutions of higher education. The
10Illinois Department of State Police shall promulgate rules to
11develop a list of violent offenders against youth covered by
12this Act and a list of child care facilities, schools, and
13institutions of higher education eligible to receive notice
14under this Act, so that the list can be disseminated in a
15timely manner to law enforcement agencies having jurisdiction.
16(Source: P.A. 94-945, eff. 6-27-06.)
 
17    (730 ILCS 154/95)
18    Sec. 95. Community notification of violent offenders
19against youth.
20    (a) The sheriff of the county, except Cook County, shall
21disclose to the following the name, address, date of birth,
22place of employment, school attended, and offense or
23adjudication of all violent offenders against youth required
24to register under Section 10 of this Act:

 

 

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1        (1) The boards of institutions of higher education or
2    other appropriate administrative offices of each
3    non-public institution of higher education located in the
4    county where the violent offender against youth is
5    required to register, resides, is employed, or is
6    attending an institution of higher education; and
7        (2) School boards of public school districts and the
8    principal or other appropriate administrative officer of
9    each nonpublic school located in the county where the
10    violent offender against youth is required to register or
11    is employed; and
12        (3) Child care facilities located in the county where
13    the violent offender against youth is required to register
14    or is employed; and
15        (4) Libraries located in the county where the violent
16    offender against youth is required to register or is
17    employed.
18    (a-2) The sheriff of Cook County shall disclose to the
19following the name, address, date of birth, place of
20employment, school attended, and offense or adjudication of
21all violent offenders against youth required to register under
22Section 10 of this Act:
23        (1) School boards of public school districts and the
24    principal or other appropriate administrative officer of
25    each nonpublic school located within the region of Cook
26    County, as those public school districts and nonpublic

 

 

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1    schools are identified in LEADS, other than the City of
2    Chicago, where the violent offender against youth is
3    required to register or is employed; and
4        (2) Child care facilities located within the region of
5    Cook County, as those child care facilities are identified
6    in LEADS, other than the City of Chicago, where the
7    violent offender against youth is required to register or
8    is employed; and
9        (3) The boards of institutions of higher education or
10    other appropriate administrative offices of each
11    non-public institution of higher education located in the
12    county, other than the City of Chicago, where the violent
13    offender against youth is required to register, resides,
14    is employed, or attending an institution of higher
15    education; and
16        (4) Libraries located in the county, other than the
17    City of Chicago, where the violent offender against youth
18    is required to register, resides, is employed, or is
19    attending an institution of higher education.
20    (a-3) The Chicago Police Department shall disclose to the
21following the name, address, date of birth, place of
22employment, school attended, and offense or adjudication of
23all violent offenders against youth required to register under
24Section 10 of this Act:
25        (1) School boards of public school districts and the
26    principal or other appropriate administrative officer of

 

 

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1    each nonpublic school located in the police district where
2    the violent offender against youth is required to register
3    or is employed if the offender is required to register or
4    is employed in the City of Chicago; and
5        (2) Child care facilities located in the police
6    district where the violent offender against youth is
7    required to register or is employed if the offender is
8    required to register or is employed in the City of
9    Chicago; and
10        (3) The boards of institutions of higher education or
11    other appropriate administrative offices of each
12    non-public institution of higher education located in the
13    police district where the violent offender against youth
14    is required to register, resides, is employed, or
15    attending an institution of higher education in the City
16    of Chicago; and
17        (4) Libraries located in the police district where the
18    violent offender against youth is required to register or
19    is employed if the offender is required to register or is
20    employed in the City of Chicago.
21    (a-4) The Illinois Department of State Police shall
22provide a list of violent offenders against youth required to
23register to the Illinois Department of Children and Family
24Services.
25    (b) The Illinois Department of State Police and any law
26enforcement agency may disclose, in the Department's or

 

 

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1agency's discretion, the following information to any person
2likely to encounter a violent offender against youth:
3        (1) The offender's name, address, and date of birth.
4        (2) The offense for which the offender was convicted.
5        (3) The offender's photograph or other such
6    information that will help identify the violent offender
7    against youth.
8        (4) Offender employment information, to protect public
9    safety.
10    (c) The name, address, date of birth, and offense or
11adjudication for violent offenders against youth required to
12register under Section 10 of this Act shall be open to
13inspection by the public as provided in this Section. Every
14municipal police department shall make available at its
15headquarters the information on all violent offenders against
16youth who are required to register in the municipality under
17this Act. The sheriff shall also make available at his or her
18headquarters the information on all violent offenders against
19youth who are required to register under this Act and who live
20in unincorporated areas of the county. Violent offender
21against youth information must be made available for public
22inspection to any person, no later than 72 hours or 3 business
23days from the date of the request. The request must be made in
24person, in writing, or by telephone. Availability must include
25giving the inquirer access to a facility where the information
26may be copied. A department or sheriff may charge a fee, but

 

 

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1the fee may not exceed the actual costs of copying the
2information. An inquirer must be allowed to copy this
3information in his or her own handwriting. A department or
4sheriff must allow access to the information during normal
5public working hours. The sheriff or a municipal police
6department may publish the photographs of violent offenders
7against youth where any victim was 13 years of age or younger
8and who are required to register in the municipality or county
9under this Act in a newspaper or magazine of general
10circulation in the municipality or county or may disseminate
11the photographs of those violent offenders against youth on
12the Internet or on television. The law enforcement agency may
13make available the information on all violent offenders
14against youth residing within any county.
15    (d) The Illinois Department of State Police and any law
16enforcement agency having jurisdiction may, in the
17Department's or agency's discretion, place the information
18specified in subsection (b) on the Internet or in other media.
19(Source: P.A. 94-945, eff. 6-27-06; 95-278, eff. 8-17-07.)
 
20    (730 ILCS 154/100)
21    Sec. 100. Notification regarding juvenile offenders.
22    (a) The Illinois Department of State Police and any law
23enforcement agency having jurisdiction may, in the
24Department's or agency's discretion, only provide the
25information specified in subsection (b) of Section 95, with

 

 

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1respect to an adjudicated juvenile delinquent, to any person
2when that person's safety may be compromised for some reason
3related to the juvenile violent offender against youth.
4    (b) The local law enforcement agency having jurisdiction
5to register the juvenile violent offender against youth shall
6ascertain from the juvenile violent offender against youth
7whether the juvenile violent offender against youth is
8enrolled in school; and if so, shall provide a copy of the
9violent offender against youth registration form only to the
10principal or chief administrative officer of the school and
11any guidance counselor designated by him or her. The
12registration form shall be kept separately from any and all
13school records maintained on behalf of the juvenile violent
14offender against youth.
15(Source: P.A. 94-945, eff. 6-27-06.)
 
16    Section 1085. The Methamphetamine Manufacturer Registry
17Act is amended by changing Sections 10 and 15 as follows:
 
18    (730 ILCS 180/10)
19    Sec. 10. Methamphetamine Manufacturer Database.
20    (a) The Illinois Department of State Police shall
21establish and maintain a Methamphetamine Manufacturer Database
22for the purpose of identifying methamphetamine manufacturers
23and making that information available to law enforcement and
24the general public. For every person convicted of a violation

 

 

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1of Section 15 of the Methamphetamine Control and Community
2Protection Act on or after the effective date of this Act, the
3methamphetamine manufacturer database shall contain
4information relating to each methamphetamine manufacturer. The
5information shall include the methamphetamine manufacturer's
6name, date of birth, offense or offenses requiring inclusion
7in the Methamphetamine Manufacturer Database, the conviction
8date and county of each such offense, and such other
9identifying information as the Illinois Department of State
10Police deems necessary to identify the methamphetamine
11manufacturer, but shall not include the social security number
12of the methamphetamine manufacturer.
13    (b) The Illinois Department of State Police must make the
14information contained in the Statewide Methamphetamine
15Manufacturer Database accessible on the Internet by means of a
16hyperlink labeled "Methamphetamine Manufacturer Information"
17on the Department's World Wide Web home page. The Illinois
18Department of State Police must update that information as it
19deems necessary.
20    (c) The Illinois Department of State Police must
21promulgate rules in accordance with the Illinois
22Administrative Procedure Act to implement this Section and
23those rules must include procedures to ensure that the
24information in the database is accurate, and that the
25information in the database reflects any changes based on the
26reversal of a conviction for an offense requiring inclusion in

 

 

SB2037- 2305 -LRB102 17120 WGH 22551 b

1the Methamphetamine Manufacturer Database, or a court order
2requiring the sealing or expungement of records relating to
3the offense. A certified copy of such an order shall be deemed
4prima facie true and correct and, shall be sufficient to
5require the immediate amendment or removal of any person's
6information from the Methamphetamine Manufacturer Database by
7the Illinois Department of State Police.
8(Source: P.A. 94-831, eff. 6-5-06.)
 
9    (730 ILCS 180/15)
10    Sec. 15. Conviction Information.
11    (a) Within 60 days after the effective date of this Act,
12each circuit clerk shall forward monthly to the Illinois
13Department of State Police a copy of the judgment for each and
14all persons convicted of an offense within the definition of
15methamphetamine manufacturer, as defined in Section 5 of this
16Act, during the previous month.
17    (b) Within 120 days after the effective date of this Act,
18the Director of Corrections shall forward to the Illinois
19Department of State Police a list of all persons incarcerated
20or on mandatory supervised release, who have been convicted of
21an offense within the definition of methamphetamine
22manufacturer, as defined in Section 5 of this Act.
23(Source: P.A. 94-831, eff. 6-5-06.)
 
24    Section 1090. The Department of Juvenile Justice Mortality

 

 

SB2037- 2306 -LRB102 17120 WGH 22551 b

1Review Team Act is amended by changing Section 15 as follows:
 
2    (730 ILCS 195/15)
3    Sec. 15. Mortality review teams; establishment.
4    (a) Upon the occurrence of the death of any youth in the
5Department's custody, the Director shall appoint members and a
6chairperson to a mortality review team. The Director shall
7make the appointments within 30 days after the youth's death.
8    (b) Each mortality review team shall consist of at least
9one member from each of the following categories:
10        (1) Pediatrician or other physician.
11        (2) Representative of the Department.
12        (3) State's Attorney or State's Attorney
13    representative.
14        (4) Representative of a local law enforcement agency.
15        (5) Psychologist or psychiatrist.
16        (6) Representative of a local health department.
17        (7) Designee of the Board of Education of the
18    Department of Juvenile Justice School District created
19    under Section 13-40 of the School Code.
20        (8) Coroner or forensic pathologist.
21        (9) Representative of a juvenile justice advocacy
22    organization.
23        (10) Representative of a local hospital, trauma
24    center, or provider of emergency medical services.
25        (11) Representative of the Illinois Department of

 

 

SB2037- 2307 -LRB102 17120 WGH 22551 b

1    State Police.
2        (12) Representative of the Office of the Governor's
3    Executive Inspector General.
4    A mortality review team may make recommendations to the
5Director concerning additional appointments.
6    (c) Each mortality review team member must have
7demonstrated experience or an interest in the welfare of youth
8in State custody.
9    (d) The mortality review teams shall be funded in the
10Department's annual budget to provide for the travel expenses
11of team members and professional services engaged by the team.
12    (e) If a death of a youth in the Department's custody
13occurs while a prior youth death is under review by a team
14pursuant to this Act, the Director may request that the team
15review the subsequent death.
16    (f) Upon the conclusion of all reporting required under
17Sections 20, 25, and 30 with respect to a death reviewed by a
18team, all appointments to the team shall expire.
19(Source: P.A. 96-1378, eff. 7-29-10.)
 
20    Section 1095. The Code of Civil Procedure is amended by
21changing Sections 2-202, 2-702, 21-101, 21-102, 21-102.5, and
2221-103 as follows:
 
23    (735 ILCS 5/2-202)  (from Ch. 110, par. 2-202)
24    Sec. 2-202. Persons authorized to serve process; place of

 

 

SB2037- 2308 -LRB102 17120 WGH 22551 b

1service; failure to make return.
2    (a) Process shall be served by a sheriff, or if the sheriff
3is disqualified, by a coroner of some county of the State. In
4matters where the county or State is an interested party,
5process may be served by a special investigator appointed by
6the State's Attorney of the county, as defined in Section
73-9005 of the Counties Code. A sheriff of a county with a
8population of less than 2,000,000 may employ civilian
9personnel to serve process. In counties with a population of
10less than 2,000,000, process may be served, without special
11appointment, by a person who is licensed or registered as a
12private detective under the Private Detective, Private Alarm,
13Private Security, Fingerprint Vendor, and Locksmith Act of
142004 or by a registered employee of a private detective agency
15certified under that Act as defined in Section (a-5). A
16private detective or licensed employee must supply the sheriff
17of any county in which he serves process with a copy of his
18license or certificate; however, the failure of a person to
19supply the copy shall not in any way impair the validity of
20process served by the person. The court may, in its discretion
21upon motion, order service to be made by a private person over
2218 years of age and not a party to the action. It is not
23necessary that service be made by a sheriff or coroner of the
24county in which service is made. If served or sought to be
25served by a sheriff or coroner, he or she shall endorse his or
26her return thereon, and if by a private person the return shall

 

 

SB2037- 2309 -LRB102 17120 WGH 22551 b

1be by affidavit.
2    (a-5) Upon motion and in its discretion, the court may
3appoint as a special process server a private detective agency
4certified under the Private Detective, Private Alarm, Private
5Security, Fingerprint Vendor, and Locksmith Act of 2004. Under
6the appointment, any employee of the private detective agency
7who is registered under that Act may serve the process. The
8motion and the order of appointment must contain the number of
9the certificate issued to the private detective agency by the
10Department of Professional Regulation under the Private
11Detective, Private Alarm, Private Security, Fingerprint
12Vendor, and Locksmith Act of 2004. A private detective or
13private detective agency shall send, one time only, a copy of
14his, her, or its individual private detective license or
15private detective agency certificate to the county sheriff in
16each county in which the detective or detective agency or his,
17her, or its employees serve process, regardless of the size of
18the population of the county. As long as the license or
19certificate is valid and meets the requirements of the
20Department of Financial and Professional Regulation, a new
21copy of the current license or certificate need not be sent to
22the sheriff. A private detective agency shall maintain a list
23of its registered employees. Registered employees shall
24consist of:
25        (1) an employee who works for the agency holding a
26    valid Permanent Employee Registration Card;

 

 

SB2037- 2310 -LRB102 17120 WGH 22551 b

1        (2) a person who has applied for a Permanent Employee
2    Registration Card, has had his or her fingerprints
3    processed and cleared by the Illinois Department of State
4    Police and the FBI, and as to whom the Department of
5    Financial and Professional Regulation website shows that
6    the person's application for a Permanent Employee
7    Registration Card is pending;
8        (3) a person employed by a private detective agency
9    who is exempt from a Permanent Employee Registration Card
10    requirement because the person is a current peace officer;
11    and
12        (4) a private detective who works for a private
13    detective agency as an employee.
14A detective agency shall maintain this list and forward it to
15any sheriff's department that requests this list within 5
16business days after the receipt of the request.
17    (b) Summons may be served upon the defendants wherever
18they may be found in the State, by any person authorized to
19serve process. An officer may serve summons in his or her
20official capacity outside his or her county, but fees for
21mileage outside the county of the officer cannot be taxed as
22costs. The person serving the process in a foreign county may
23make return by mail.
24    (c) If any sheriff, coroner, or other person to whom any
25process is delivered, neglects or refuses to make return of
26the same, the plaintiff may petition the court to enter a rule

 

 

SB2037- 2311 -LRB102 17120 WGH 22551 b

1requiring the sheriff, coroner, or other person, to make
2return of the process on a day to be fixed by the court, or to
3show cause on that day why that person should not be attached
4for contempt of the court. The plaintiff shall then cause a
5written notice of the rule to be served on the sheriff,
6coroner, or other person. If good and sufficient cause be not
7shown to excuse the officer or other person, the court shall
8adjudge him or her guilty of a contempt, and shall impose
9punishment as in other cases of contempt.
10    (d) If process is served by a sheriff, coroner, or special
11investigator appointed by the State's Attorney, the court may
12tax the fee of the sheriff, coroner, or State's Attorney's
13special investigator as costs in the proceeding. If process is
14served by a private person or entity, the court may establish a
15fee therefor and tax such fee as costs in the proceedings.
16    (e) In addition to the powers stated in Section 8.1a of the
17Housing Authorities Act, in counties with a population of
183,000,000 or more inhabitants, members of a housing authority
19police force may serve process for eviction actions commenced
20by that housing authority and may execute eviction orders for
21that housing authority.
22    (f) In counties with a population of 3,000,000 or more,
23process may be served, with special appointment by the court,
24by a private process server or a law enforcement agency other
25than the county sheriff in proceedings instituted under
26Article IX of this Code as a result of a lessor or lessor's

 

 

SB2037- 2312 -LRB102 17120 WGH 22551 b

1assignee declaring a lease void pursuant to Section 11 of the
2Controlled Substance and Cannabis Nuisance Act.
3(Source: P.A. 99-169, eff. 7-28-15; 100-173, eff. 1-1-18.)
 
4    (735 ILCS 5/2-702)
5    Sec. 2-702. Petition for a certificate of innocence that
6the petitioner was innocent of all offenses for which he or she
7was incarcerated.
8    (a) The General Assembly finds and declares that innocent
9persons who have been wrongly convicted of crimes in Illinois
10and subsequently imprisoned have been frustrated in seeking
11legal redress due to a variety of substantive and technical
12obstacles in the law and that such persons should have an
13available avenue to obtain a finding of innocence so that they
14may obtain relief through a petition in the Court of Claims.
15The General Assembly further finds misleading the current
16legal nomenclature which compels an innocent person to seek a
17pardon for being wrongfully incarcerated. It is the intent of
18the General Assembly that the court, in exercising its
19discretion as permitted by law regarding the weight and
20admissibility of evidence submitted pursuant to this Section,
21shall, in the interest of justice, give due consideration to
22difficulties of proof caused by the passage of time, the death
23or unavailability of witnesses, the destruction of evidence or
24other factors not caused by such persons or those acting on
25their behalf.

 

 

SB2037- 2313 -LRB102 17120 WGH 22551 b

1    (b) Any person convicted and subsequently imprisoned for
2one or more felonies by the State of Illinois which he or she
3did not commit may, under the conditions hereinafter provided,
4file a petition for certificate of innocence in the circuit
5court of the county in which the person was convicted. The
6petition shall request a certificate of innocence finding that
7the petitioner was innocent of all offenses for which he or she
8was incarcerated.
9    (c) In order to present the claim for certificate of
10innocence of an unjust conviction and imprisonment, the
11petitioner must attach to his or her petition documentation
12demonstrating that:
13        (1) he or she has been convicted of one or more
14    felonies by the State of Illinois and subsequently
15    sentenced to a term of imprisonment, and has served all or
16    any part of the sentence; and
17        (2) his or her judgment of conviction was reversed or
18    vacated, and the indictment or information dismissed or,
19    if a new trial was ordered, either he or she was found not
20    guilty at the new trial or he or she was not retried and
21    the indictment or information dismissed; or the statute,
22    or application thereof, on which the indictment or
23    information was based violated the Constitution of the
24    United States or the State of Illinois; and
25        (3) his or her claim is not time barred by the
26    provisions of subsection (i) of this Section.

 

 

SB2037- 2314 -LRB102 17120 WGH 22551 b

1    (d) The petition shall state facts in sufficient detail to
2permit the court to find that the petitioner is likely to
3succeed at trial in proving that the petitioner is innocent of
4the offenses charged in the indictment or information or his
5or her acts or omissions charged in the indictment or
6information did not constitute a felony or misdemeanor against
7the State of Illinois, and the petitioner did not by his or her
8own conduct voluntarily cause or bring about his or her
9conviction. The petition shall be verified by the petitioner.
10    (e) A copy of the petition shall be served on the Attorney
11General and the State's Attorney of the county where the
12conviction was had. The Attorney General and the State's
13Attorney of the county where the conviction was had shall have
14the right to intervene as parties.
15    (f) In any hearing seeking a certificate of innocence, the
16court may take judicial notice of prior sworn testimony or
17evidence admitted in the criminal proceedings related to the
18convictions which resulted in the alleged wrongful
19incarceration, if the petitioner was either represented by
20counsel at such prior proceedings or the right to counsel was
21knowingly waived.
22    (g) In order to obtain a certificate of innocence the
23petitioner must prove by a preponderance of evidence that:
24        (1) the petitioner was convicted of one or more
25    felonies by the State of Illinois and subsequently
26    sentenced to a term of imprisonment, and has served all or

 

 

SB2037- 2315 -LRB102 17120 WGH 22551 b

1    any part of the sentence;
2        (2)(A) the judgment of conviction was reversed or
3    vacated, and the indictment or information dismissed or,
4    if a new trial was ordered, either the petitioner was
5    found not guilty at the new trial or the petitioner was not
6    retried and the indictment or information dismissed; or
7    (B) the statute, or application thereof, on which the
8    indictment or information was based violated the
9    Constitution of the United States or the State of
10    Illinois;
11        (3) the petitioner is innocent of the offenses charged
12    in the indictment or information or his or her acts or
13    omissions charged in the indictment or information did not
14    constitute a felony or misdemeanor against the State; and
15        (4) the petitioner did not by his or her own conduct
16    voluntarily cause or bring about his or her conviction.
17    (h) If the court finds that the petitioner is entitled to a
18judgment, it shall enter a certificate of innocence finding
19that the petitioner was innocent of all offenses for which he
20or she was incarcerated. Upon entry of the certificate of
21innocence or pardon from the Governor stating that such pardon
22was issued on the ground of innocence of the crime for which he
23or she was imprisoned, (1) the clerk of the court shall
24transmit a copy of the certificate of innocence to the clerk of
25the Court of Claims, together with the claimant's current
26address; and (2) the court shall enter an order expunging the

 

 

SB2037- 2316 -LRB102 17120 WGH 22551 b

1record of arrest from the official records of the arresting
2authority and order that the records of the clerk of the
3circuit court and the Illinois Department of State Police be
4sealed until further order of the court upon good cause shown
5or as otherwise provided herein, and the name of the defendant
6obliterated from the official index requested to be kept by
7the circuit court clerk under Section 16 of the Clerks of
8Courts Act in connection with the arrest and conviction for
9the offense but the order shall not affect any index issued by
10the circuit court clerk before the entry of the order. The
11court shall enter the expungement order regardless of whether
12the petitioner has prior criminal convictions.
13    All records sealed by the Illinois Department of State
14Police may be disseminated by the Department only as required
15by law or to the arresting authority, the State's Attorney,
16the court upon a later arrest for the same or similar offense,
17or for the purpose of sentencing for any subsequent felony.
18Upon conviction for any subsequent offense, the Department of
19Corrections shall have access to all sealed records of the
20Department pertaining to that individual.
21    Upon entry of the order of expungement, the clerk of the
22circuit court shall promptly mail a copy of the order to the
23person whose records were expunged and sealed.
24    (i) Any person seeking a certificate of innocence under
25this Section based on the dismissal of an indictment or
26information or acquittal that occurred before the effective

 

 

SB2037- 2317 -LRB102 17120 WGH 22551 b

1date of this amendatory Act of the 95th General Assembly shall
2file his or her petition within 2 years after the effective
3date of this amendatory Act of the 95th General Assembly. Any
4person seeking a certificate of innocence under this Section
5based on the dismissal of an indictment or information or
6acquittal that occurred on or after the effective date of this
7amendatory Act of the 95th General Assembly shall file his or
8her petition within 2 years after the dismissal.
9    (j) The decision to grant or deny a certificate of
10innocence shall be binding only with respect to claims filed
11in the Court of Claims and shall not have a res judicata effect
12on any other proceedings.
13(Source: P.A. 98-133, eff. 1-1-14.)
 
14    (735 ILCS 5/21-101)  (from Ch. 110, par. 21-101)
15    Sec. 21-101. Proceedings; parties.
16    (a) If any person who is a resident of this State and has
17resided in this State for 6 months desires to change his or her
18name and to assume another name by which to be afterwards
19called and known, the person may file a petition in the circuit
20court of the county wherein he or she resides praying for that
21relief.
22    (b) The filing of a petition in accordance with this
23Section shall be the sole and exclusive means by which any
24person committed under the laws of this State to a penal
25institution may change his or her name and assume another

 

 

SB2037- 2318 -LRB102 17120 WGH 22551 b

1name. However, any person convicted of a felony in this State
2or any other state who has not been pardoned may not file a
3petition for a name change until 10 years have passed since
4completion and discharge from his or her sentence. A person
5who has been convicted of identity theft, aggravated identity
6theft, felony or misdemeanor criminal sexual abuse when the
7victim of the offense at the time of its commission is under 18
8years of age, felony or misdemeanor sexual exploitation of a
9child, felony or misdemeanor indecent solicitation of a child,
10or felony or misdemeanor indecent solicitation of an adult, or
11any other offense for which a person is required to register
12under the Sex Offender Registration Act in this State or any
13other state who has not been pardoned shall not be permitted to
14file a petition for a name change in the courts of Illinois.
15    (c) A petitioner may include his or her spouse and adult
16unmarried children, with their consent, and his or her minor
17children where it appears to the court that it is for their
18best interest, in the petition and prayer, and the court's
19order shall then include the spouse and children. Whenever any
20minor has resided in the family of any person for the space of
213 years and has been recognized and known as an adopted child
22in the family of that person, the application herein provided
23for may be made by the person having that minor in his or her
24family.
25    An order shall be entered as to a minor only if the court
26finds by clear and convincing evidence that the change is

 

 

SB2037- 2319 -LRB102 17120 WGH 22551 b

1necessary to serve the best interest of the child. In
2determining the best interest of a minor child under this
3Section, the court shall consider all relevant factors,
4including:
5        (1) The wishes of the child's parents and any person
6    acting as a parent who has physical custody of the child.
7        (2) The wishes of the child and the reasons for those
8    wishes. The court may interview the child in chambers to
9    ascertain the child's wishes with respect to the change of
10    name. Counsel shall be present at the interview unless
11    otherwise agreed upon by the parties. The court shall
12    cause a court reporter to be present who shall make a
13    complete record of the interview instantaneously to be
14    part of the record in the case.
15        (3) The interaction and interrelationship of the child
16    with his or her parents or persons acting as parents who
17    have physical custody of the child, step-parents,
18    siblings, step-siblings, or any other person who may
19    significantly affect the child's best interest.
20        (4) The child's adjustment to his or her home, school,
21    and community.
22    (d) If it appears to the court that the conditions and
23requirements under this Article have been complied with and
24that there is no reason why the prayer should not be granted,
25the court, by an order to be entered of record, may direct and
26provide that the name of that person be changed in accordance

 

 

SB2037- 2320 -LRB102 17120 WGH 22551 b

1with the prayer in the petition. If the circuit court orders
2that a name change be granted to a person who has been
3adjudicated or convicted of a felony or misdemeanor offense
4under the laws of this State or any other state for which a
5pardon has not been granted, or has an arrest for which a
6charge has not been filed or a pending charge on a felony or
7misdemeanor offense, a copy of the order, including a copy of
8each applicable access and review response, shall be forwarded
9to the Illinois Department of State Police. The Illinois
10Department of State Police shall update any criminal history
11transcript or offender registration of each person 18 years of
12age or older in the order to include the change of name as well
13as his or her former name.
14(Source: P.A. 100-370, eff. 1-1-18.)
 
15    (735 ILCS 5/21-102)  (from Ch. 110, par. 21-102)
16    Sec. 21-102. Petition; update criminal history transcript.
17    (a) The petition shall set forth the name then held, the
18name sought to be assumed, the residence of the petitioner,
19the length of time the petitioner has resided in this State,
20and the state or country of the petitioner's nativity or
21supposed nativity. The petition shall include a statement,
22verified under oath as provided under Section 1-109 of this
23Code, whether or not the petitioner or any other person 18
24years of age or older who will be subject to a change of name
25under the petition if granted: (1) has been adjudicated or

 

 

SB2037- 2321 -LRB102 17120 WGH 22551 b

1convicted of a felony or misdemeanor offense under the laws of
2this State or any other state for which a pardon has not been
3granted; or (2) has an arrest for which a charge has not been
4filed or a pending charge on a felony or misdemeanor offense.
5The petition shall be signed by the person petitioning or, in
6case of minors, by the parent or guardian having the legal
7custody of the minor. The petition shall be verified by the
8affidavit of some credible person.
9    (b) If the statement provided under subsection (a) of this
10Section indicates the petitioner or any other person 18 years
11of age or older who will be subject to a change of name under
12the petition, if granted, has been adjudicated or convicted of
13a felony or misdemeanor offense under the laws of this State or
14any other state for which a pardon has not been granted, or has
15an arrest for which a charge has not been filed or a pending
16charge on a felony or misdemeanor offense, the State's
17Attorney may request the court to or the court may on its own
18motion, require the person, prior to a hearing on the
19petition, to initiate an update of his or her criminal history
20transcript with the Illinois Department of State Police. The
21Department shall allow a person to use the Access and Review
22process, established by rule in the Department, for this
23purpose. Upon completion of the update of the criminal history
24transcript, the petitioner shall file confirmation of each
25update with the court, which shall seal the records from
26disclosure outside of court proceedings on the petition.

 

 

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1(Source: P.A. 100-370, eff. 1-1-18.)
 
2    (735 ILCS 5/21-102.5)
3    Sec. 21-102.5. Notice; objection.
4    (a) The circuit court clerk shall promptly serve a copy of
5the petition on the State's Attorney and the Illinois
6Department of State Police.
7    (b) The State's Attorney may file an objection to the
8petition. All objections shall be in writing, shall be filed
9with the circuit court clerk, and shall state with specificity
10the basis of the objection. Objections to a petition must be
11filed within 30 days of the date of service of the petition
12upon the State's Attorney.
13(Source: P.A. 100-370, eff. 1-1-18.)
 
14    (735 ILCS 5/21-103)  (from Ch. 110, par. 21-103)
15    Sec. 21-103. Notice by publication.
16    (a) Previous notice shall be given of the intended
17application by publishing a notice thereof in some newspaper
18published in the municipality in which the person resides if
19the municipality is in a county with a population under
202,000,000, or if the person does not reside in a municipality
21in a county with a population under 2,000,000, or if no
22newspaper is published in the municipality or if the person
23resides in a county with a population of 2,000,000 or more,
24then in some newspaper published in the county where the

 

 

SB2037- 2323 -LRB102 17120 WGH 22551 b

1person resides, or if no newspaper is published in that
2county, then in some convenient newspaper published in this
3State. The notice shall be inserted for 3 consecutive weeks
4after filing, the first insertion to be at least 6 weeks before
5the return day upon which the petition is to be heard, and
6shall be signed by the petitioner or, in case of a minor, the
7minor's parent or guardian, and shall set forth the return day
8of court on which the petition is to be heard and the name
9sought to be assumed.
10    (b) The publication requirement of subsection (a) shall
11not be required in any application for a change of name
12involving a minor if, before making judgment under this
13Article, reasonable notice and opportunity to be heard is
14given to any parent whose parental rights have not been
15previously terminated and to any person who has physical
16custody of the child. If any of these persons are outside this
17State, notice and opportunity to be heard shall be given under
18Section 21-104.
19    (b-3) The publication requirement of subsection (a) shall
20not be required in any application for a change of name
21involving a person who has received a judgment for dissolution
22of marriage or declaration of invalidity of marriage and
23wishes to change his or her name to resume the use of his or
24her former or maiden name.
25    (b-5) Upon motion, the court may issue an order directing
26that the notice and publication requirement be waived for a

 

 

SB2037- 2324 -LRB102 17120 WGH 22551 b

1change of name involving a person who files with the court a
2written declaration that the person believes that publishing
3notice of the name change would put the person at risk of
4physical harm or discrimination. The person must provide
5evidence to support the claim that publishing notice of the
6name change would put the person at risk of physical harm or
7discrimination.
8    (c) The Director of the Illinois State Police or his or her
9designee may apply to the circuit court for an order directing
10that the notice and publication requirements of this Section
11be waived if the Director or his or her designee certifies that
12the name change being sought is intended to protect a witness
13during and following a criminal investigation or proceeding.
14    (c-1) The court may enter a written order waiving the
15publication requirement of subsection (a) if:
16        (i) the petitioner is 18 years of age or older; and
17        (ii) concurrent with the petition, the petitioner
18    files with the court a statement, verified under oath as
19    provided under Section 1-109 of this Code, attesting that
20    the petitioner is or has been a person protected under the
21    Illinois Domestic Violence Act of 1986, the Stalking No
22    Contact Order Act, the Civil No Contact Order Act, Article
23    112A of the Code of Criminal Procedure of 1963, a
24    condition of bail under subsections (b) through (d) of
25    Section 110-10 of the Code of Criminal Procedure of 1963,
26    or a similar provision of a law in another state or

 

 

SB2037- 2325 -LRB102 17120 WGH 22551 b

1    jurisdiction.
2    The petitioner may attach to the statement any supporting
3documents, including relevant court orders.
4    (c-2) If the petitioner files a statement attesting that
5disclosure of the petitioner's address would put the
6petitioner or any member of the petitioner's family or
7household at risk or reveal the confidential address of a
8shelter for domestic violence victims, that address may be
9omitted from all documents filed with the court, and the
10petitioner may designate an alternative address for service.
11    (c-3) Court administrators may allow domestic abuse
12advocates, rape crisis advocates, and victim advocates to
13assist petitioners in the preparation of name changes under
14subsection (c-1).
15    (c-4) If the publication requirements of subsection (a)
16have been waived, the circuit court shall enter an order
17impounding the case.
18    (d) The maximum rate charged for publication of a notice
19under this Section may not exceed the lowest classified rate
20paid by commercial users for comparable space in the newspaper
21in which the notice appears and shall include all cash
22discounts, multiple insertion discounts, and similar benefits
23extended to the newspaper's regular customers.
24(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.
25100-565 for the effective date of P.A. 100-520); 100-788, eff.
261-1-19; 100-966, eff. 1-1-19; 101-81, eff. 7-12-19; 101-203,

 

 

SB2037- 2326 -LRB102 17120 WGH 22551 b

1eff. 1-1-20.)
 
2    Section 1100. The Stalking No Contact Order Act is amended
3by changing Sections 80, 115, and 135 as follows:
 
4    (740 ILCS 21/80)
5    Sec. 80. Stalking no contact orders; remedies.
6    (a) If the court finds that the petitioner has been a
7victim of stalking, a stalking no contact order shall issue;
8provided that the petitioner must also satisfy the
9requirements of Section 95 on emergency orders or Section 100
10on plenary orders. The petitioner shall not be denied a
11stalking no contact order because the petitioner or the
12respondent is a minor. The court, when determining whether or
13not to issue a stalking no contact order, may not require
14physical injury on the person of the petitioner. Modification
15and extension of prior stalking no contact orders shall be in
16accordance with this Act.
17    (b) A stalking no contact order shall order one or more of
18the following:
19        (1) prohibit the respondent from threatening to commit
20    or committing stalking;
21        (2) order the respondent not to have any contact with
22    the petitioner or a third person specifically named by the
23    court;
24        (3) prohibit the respondent from knowingly coming

 

 

SB2037- 2327 -LRB102 17120 WGH 22551 b

1    within, or knowingly remaining within a specified distance
2    of the petitioner or the petitioner's residence, school,
3    daycare, or place of employment, or any specified place
4    frequented by the petitioner; however, the court may order
5    the respondent to stay away from the respondent's own
6    residence, school, or place of employment only if the
7    respondent has been provided actual notice of the
8    opportunity to appear and be heard on the petition;
9        (4) prohibit the respondent from possessing a Firearm
10    Owners Identification Card, or possessing or buying
11    firearms; and
12        (5) order other injunctive relief the court determines
13    to be necessary to protect the petitioner or third party
14    specifically named by the court.
15    (b-5) When the petitioner and the respondent attend the
16same public, private, or non-public elementary, middle, or
17high school, the court when issuing a stalking no contact
18order and providing relief shall consider the severity of the
19act, any continuing physical danger or emotional distress to
20the petitioner, the educational rights guaranteed to the
21petitioner and respondent under federal and State law, the
22availability of a transfer of the respondent to another
23school, a change of placement or a change of program of the
24respondent, the expense, difficulty, and educational
25disruption that would be caused by a transfer of the
26respondent to another school, and any other relevant facts of

 

 

SB2037- 2328 -LRB102 17120 WGH 22551 b

1the case. The court may order that the respondent not attend
2the public, private, or non-public elementary, middle, or high
3school attended by the petitioner, order that the respondent
4accept a change of placement or program, as determined by the
5school district or private or non-public school, or place
6restrictions on the respondent's movements within the school
7attended by the petitioner. The respondent bears the burden of
8proving by a preponderance of the evidence that a transfer,
9change of placement, or change of program of the respondent is
10not available. The respondent also bears the burden of
11production with respect to the expense, difficulty, and
12educational disruption that would be caused by a transfer of
13the respondent to another school. A transfer, change of
14placement, or change of program is not unavailable to the
15respondent solely on the ground that the respondent does not
16agree with the school district's or private or non-public
17school's transfer, change of placement, or change of program
18or solely on the ground that the respondent fails or refuses to
19consent to or otherwise does not take an action required to
20effectuate a transfer, change of placement, or change of
21program. When a court orders a respondent to stay away from the
22public, private, or non-public school attended by the
23petitioner and the respondent requests a transfer to another
24attendance center within the respondent's school district or
25private or non-public school, the school district or private
26or non-public school shall have sole discretion to determine

 

 

SB2037- 2329 -LRB102 17120 WGH 22551 b

1the attendance center to which the respondent is transferred.
2In the event the court order results in a transfer of the minor
3respondent to another attendance center, a change in the
4respondent's placement, or a change of the respondent's
5program, the parents, guardian, or legal custodian of the
6respondent is responsible for transportation and other costs
7associated with the transfer or change.
8    (b-6) The court may order the parents, guardian, or legal
9custodian of a minor respondent to take certain actions or to
10refrain from taking certain actions to ensure that the
11respondent complies with the order. In the event the court
12orders a transfer of the respondent to another school, the
13parents, guardian, or legal custodian of the respondent are
14responsible for transportation and other costs associated with
15the change of school by the respondent.
16    (b-7) The court shall not hold a school district or
17private or non-public school or any of its employees in civil
18or criminal contempt unless the school district or private or
19non-public school has been allowed to intervene.
20    (b-8) The court may hold the parents, guardian, or legal
21custodian of a minor respondent in civil or criminal contempt
22for a violation of any provision of any order entered under
23this Act for conduct of the minor respondent in violation of
24this Act if the parents, guardian, or legal custodian
25directed, encouraged, or assisted the respondent minor in such
26conduct.

 

 

SB2037- 2330 -LRB102 17120 WGH 22551 b

1    (c) The court may award the petitioner costs and attorneys
2fees if a stalking no contact order is granted.
3    (d) Monetary damages are not recoverable as a remedy.
4    (e) If the stalking no contact order prohibits the
5respondent from possessing a Firearm Owner's Identification
6Card, or possessing or buying firearms; the court shall
7confiscate the respondent's Firearm Owner's Identification
8Card and immediately return the card to the Illinois
9Department of State Police Firearm Owner's Identification Card
10Office.
11(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12;
1297-1131, eff. 1-1-13.)
 
13    (740 ILCS 21/115)
14    Sec. 115. Notice of orders.
15    (a) Upon issuance of any stalking no contact order, the
16clerk shall immediately:
17        (1) enter the order on the record and file it in
18    accordance with the circuit court procedures; and
19        (2) provide a file stamped copy of the order to the
20    respondent, if present, and to the petitioner.
21    (b) The clerk of the issuing judge shall, or the
22petitioner may, on the same day that a stalking no contact
23order is issued, file a certified copy of that order with the
24sheriff or other law enforcement officials charged with
25maintaining Illinois Department of State Police records or

 

 

SB2037- 2331 -LRB102 17120 WGH 22551 b

1charged with serving the order upon the respondent. If the
2respondent, at the time of the issuance of the order, is
3committed to the custody of the Illinois Department of
4Corrections or Illinois Department of Juvenile Justice or is
5on parole, aftercare release, or mandatory supervised release,
6the sheriff or other law enforcement officials charged with
7maintaining Illinois Department of State Police records shall
8notify the Department of Corrections or Department of Juvenile
9Justice within 48 hours of receipt of a copy of the stalking no
10contact order from the clerk of the issuing judge or the
11petitioner. Such notice shall include the name of the
12respondent, the respondent's IDOC inmate number or IDJJ youth
13identification number, the respondent's date of birth, and the
14LEADS Record Index Number.
15    (c) Unless the respondent was present in court when the
16order was issued, the sheriff, other law enforcement official,
17or special process server shall promptly serve that order upon
18the respondent and file proof of such service in the manner
19provided for service of process in civil proceedings. Instead
20of serving the order upon the respondent, however, the
21sheriff, other law enforcement official, special process
22server, or other persons defined in Section 117 may serve the
23respondent with a short form notification as provided in
24Section 117. If process has not yet been served upon the
25respondent, it shall be served with the order or short form
26notification if such service is made by the sheriff, other law

 

 

SB2037- 2332 -LRB102 17120 WGH 22551 b

1enforcement official, or special process server.
2    (d) If the person against whom the stalking no contact
3order is issued is arrested and the written order is issued in
4accordance with subsection (c) of Section 95 and received by
5the custodial law enforcement agency before the respondent or
6arrestee is released from custody, the custodial law
7enforcement agent shall promptly serve the order upon the
8respondent or arrestee before the respondent or arrestee is
9released from custody. In no event shall detention of the
10respondent or arrestee be extended for hearing on the petition
11for stalking no contact order or receipt of the order issued
12under Section 95 of this Act.
13    (e) Any order extending, modifying, or revoking any
14stalking no contact order shall be promptly recorded, issued,
15and served as provided in this Section.
16    (f) Upon the request of the petitioner, within 24 hours of
17the issuance of a stalking no contact order, the clerk of the
18issuing judge shall send written notice of the order along
19with a certified copy of the order to any school, daycare,
20college, or university at which the petitioner is enrolled.
21(Source: P.A. 101-508, eff. 1-1-20.)
 
22    (740 ILCS 21/135)
23    Sec. 135. Data maintenance by law enforcement agencies.
24    (a) All sheriffs shall furnish to the Illinois Department
25of State Police, on the same day as received, in the form and

 

 

SB2037- 2333 -LRB102 17120 WGH 22551 b

1detail the Department requires, copies of any recorded
2emergency or plenary stalking no contact orders issued by the
3court and transmitted to the sheriff by the clerk of the court
4in accordance with subsection (b) of Section 115 of this Act.
5Each stalking no contact order shall be entered in the Law
6Enforcement Agencies Data System on the same day it is issued
7by the court. If an emergency stalking no contact order was
8issued in accordance with subsection (c) of Section 100, the
9order shall be entered in the Law Enforcement Agencies Data
10System as soon as possible after receipt from the clerk of the
11court.
12    (b) The Illinois Department of State Police shall maintain
13a complete and systematic record and index of all valid and
14recorded stalking no contact orders issued under this Act. The
15data shall be used to inform all dispatchers and law
16enforcement officers at the scene of an alleged incident of
17stalking or violation of a stalking no contact order of any
18recorded prior incident of stalking involving the petitioner
19and the effective dates and terms of any recorded stalking no
20contact order.
21(Source: P.A. 96-246, eff. 1-1-10.)
 
22    Section 1105. The Civil No Contact Order Act is amended by
23changing Sections 218 and 302 as follows:
 
24    (740 ILCS 22/218)

 

 

SB2037- 2334 -LRB102 17120 WGH 22551 b

1    Sec. 218. Notice of orders.
2    (a) Upon issuance of any civil no contact order, the clerk
3shall immediately:
4        (1) enter the order on the record and file it in
5    accordance with the circuit court procedures; and
6        (2) provide a file stamped copy of the order to the
7    respondent, if present, and to the petitioner.
8    (b) The clerk of the issuing judge shall, or the
9petitioner may, on the same day that a civil no contact order
10is issued, file a certified copy of that order with the sheriff
11or other law enforcement officials charged with maintaining
12Illinois Department of State Police records or charged with
13serving the order upon the respondent. If the respondent, at
14the time of the issuance of the order, is committed to the
15custody of the Illinois Department of Corrections or Illinois
16Department of Juvenile Justice, or is on parole, aftercare
17release, or mandatory supervised release, the sheriff or other
18law enforcement officials charged with maintaining Illinois
19Department of State Police records shall notify the Department
20of Corrections or Department of Juvenile Justice within 48
21hours of receipt of a copy of the civil no contact order from
22the clerk of the issuing judge or the petitioner. Such notice
23shall include the name of the respondent, the respondent's
24IDOC inmate number or IDJJ youth identification number, the
25respondent's date of birth, and the LEADS Record Index Number.
26    (c) Unless the respondent was present in court when the

 

 

SB2037- 2335 -LRB102 17120 WGH 22551 b

1order was issued, the sheriff, other law enforcement official,
2or special process server shall promptly serve that order upon
3the respondent and file proof of such service in the manner
4provided for service of process in civil proceedings. Instead
5of serving the order upon the respondent, however, the
6sheriff, other law enforcement official, special process
7server, or other persons defined in Section 218.1 may serve
8the respondent with a short form notification as provided in
9Section 218.1. If process has not yet been served upon the
10respondent, it shall be served with the order or short form
11notification if such service is made by the sheriff, other law
12enforcement official, or special process server.
13    (d) If the person against whom the civil no contact order
14is issued is arrested and the written order is issued in
15accordance with subsection (c) of Section 214 and received by
16the custodial law enforcement agency before the respondent or
17arrestee is released from custody, the custodial law
18enforcement agent shall promptly serve the order upon the
19respondent or arrestee before the respondent or arrestee is
20released from custody. In no event shall detention of the
21respondent or arrestee be extended for hearing on the petition
22for civil no contact order or receipt of the order issued under
23Section 214 of this Act.
24    (e) Any order extending, modifying, or revoking any civil
25no contact order shall be promptly recorded, issued, and
26served as provided in this Section.

 

 

SB2037- 2336 -LRB102 17120 WGH 22551 b

1    (f) Upon the request of the petitioner, within 24 hours of
2the issuance of a civil no contact order, the clerk of the
3issuing judge shall send written notice of the order along
4with a certified copy of the order to any school, college, or
5university at which the petitioner is enrolled.
6(Source: P.A. 101-508, eff. 1-1-20.)
 
7    (740 ILCS 22/302)
8    Sec. 302. Data maintenance by law enforcement agencies.
9    (a) All sheriffs shall furnish to the Illinois Department
10of State Police, on the same day as received, in the form and
11detail the Department requires, copies of any recorded
12emergency or plenary civil no contact orders issued by the
13court and transmitted to the sheriff by the clerk of the court
14in accordance with subsection (b) of Section 218 of this Act.
15Each civil no contact order shall be entered in the Law
16Enforcement Agencies Data System on the same day it is issued
17by the court. If an emergency civil no contact order was issued
18in accordance with subsection (c) of Section 214, the order
19shall be entered in the Law Enforcement Agencies Data System
20as soon as possible after receipt from the clerk of the court.
21    (b) The Illinois Department of State Police shall maintain
22a complete and systematic record and index of all valid and
23recorded civil no contact orders issued under this Act. The
24data shall be used to inform all dispatchers and law
25enforcement officers at the scene of an alleged incident of

 

 

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1non-consensual sexual conduct or non-consensual sexual
2penetration or violation of a civil no contact order of any
3recorded prior incident of non-consensual sexual conduct or
4non-consensual sexual penetration involving the victim and the
5effective dates and terms of any recorded civil no contact
6order.
7(Source: P.A. 93-236, eff. 1-1-04.)
 
8    Section 1110. The Controlled Substance and Cannabis
9Nuisance Act is amended by changing Sections 1, 3, and 7 as
10follows:
 
11    (740 ILCS 40/1)  (from Ch. 100 1/2, par. 14)
12    Sec. 1. As used in this Act unless the context otherwise
13requires:
14    "Department" means the Department of State Police of the
15State of Illinois.
16    "Controlled Substances" means any substance as defined and
17included in the Schedules of Article II of the "Illinois
18Controlled Substances Act," and cannabis as defined in the
19"Cannabis Control Act" enacted by the 77th General Assembly.
20    "Place" means any store, shop, warehouse, dwelling house,
21building, apartment or any place whatever.
22    "Nuisance" means any place at which or in which controlled
23substances are unlawfully sold, possessed, served, stored,
24delivered, manufactured, cultivated, given away or used more

 

 

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1than once within a period of one year.
2    "Person" means any corporation, association, partner, or
3one or more individuals.
4(Source: P.A. 87-765.)
 
5    (740 ILCS 40/3)  (from Ch. 100 1/2, par. 16)
6    Sec. 3. (a) The Illinois State Police Department or the
7State's Attorney or any citizen of the county in which a
8nuisance exists may file a complaint in the name of the People
9of the State of Illinois to enjoin all persons from
10maintaining or permitting such nuisance, to abate the same and
11to enjoin the use of any such place for the period of one year.
12    (b) Upon the filing of a complaint by the State's Attorney
13or the Illinois State Police Department in which the complaint
14states that irreparable injury, loss or damage will result to
15the People of the State of Illinois, the court shall enter a
16temporary restraining order without notice enjoining the
17maintenance of such nuisance, upon testimony under oath,
18affidavit, or verified complaint containing facts sufficient,
19if sustained, to justify the court in entering a preliminary
20injunction upon a hearing after notice. Every such temporary
21restraining order entered without notice shall be endorsed
22with the date and hour of entry of the order, shall be filed of
23record, and shall expire by its terms within such time after
24entry, not to exceed 10 days as fixed by the court, unless the
25temporary restraining order, for good cause, is extended for a

 

 

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1like period or unless the party against whom the order is
2directed consents that it may be extended for a longer period.
3The reason for extension shall be shown in the order. In case a
4temporary restraining order is entered without notice, the
5motion for a permanent injunction shall be set down for
6hearing at the earliest possible time and takes precedence
7over all matters except older matters of the same character,
8and when the motion comes on for hearing, the Illinois State
9Police Department or State's Attorney, as the case may be,
10shall proceed with the application for a permanent injunction,
11and, if he does not do so, the court shall dissolve the
12temporary restraining order. On 2 days' notice to the Illinois
13State Police Department or State's Attorney, as the case may
14be, the defendant may appear and move the dissolution or
15modification of such temporary restraining order and in that
16event the court shall proceed to hear and determine such
17motion as expeditiously as the ends of justice require.
18    (c) Upon the filing of the complaint by a citizen or the
19Illinois State Police Department or the State's Attorney (in
20cases in which the Illinois State Police Department or State's
21Attorney does not request injunctive relief without notice) in
22the circuit court, the court, if satisfied that the nuisance
23complained of exists, shall allow a temporary restraining
24order, with bond unless the application is filed by the
25Illinois State Police Department or State's Attorney, in such
26amount as the court may determine, enjoining the defendant

 

 

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1from maintaining any such nuisance within the jurisdiction of
2the court granting the injunctive relief. However, no such
3injunctive relief shall be granted, except on behalf of an
4owner or agent, unless it be made to appear to the satisfaction
5of the court that the owner or agent of such place knew or had
6been personally served with a notice signed by the plaintiff
7and that such notice has been served upon such owner or such
8agent of such place at least 5 days prior thereto, that such
9place, specifically describing the same, was being so used,
10naming the date or dates of its being so used, and that such
11owner or agent had failed to abate such nuisance, or that upon
12diligent inquiry such owner or agent could not be found for the
13service of such preliminary notice. The lessee, if any, of
14such place shall be made a party defendant to such petition. If
15the property owner is a corporation and the Illinois State
16Police Department or the State's Attorney sends the
17preliminary notice to the corporate address registered with
18the Secretary of State, such action shall create a rebuttable
19presumption that the parties have acted with due diligence and
20the court may grant injunctive relief.
21    (d) In all cases in which the complaint is filed by a
22citizen, such complaint shall be verified.
23(Source: P.A. 99-78, eff. 7-20-15.)
 
24    (740 ILCS 40/7)  (from Ch. 100 1/2, par. 20)
25    Sec. 7. The proceeds of the sale of the movable property

 

 

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1shall be applied in payment of the costs of the proceeding, and
2the balance, if any, shall be forwarded by the clerk of the
3circuit court to the State Treasurer for deposit into the Drug
4Treatment Fund, which is established as a special fund within
5the State Treasury. The Department of Human Services may make
6grants to persons licensed under Section 15-10 of the
7Substance Use Disorder Act or to municipalities or counties
8from funds appropriated to the Illinois State Police
9Department from the Drug Treatment Fund for the treatment of
10persons addicted to alcohol, cannabis, or controlled
11substances. The Illinois State Police Department may adopt any
12rules it deems appropriate for the administration of these
13grants. The Illinois State Police Department shall ensure that
14the moneys collected in each county be returned
15proportionately to the counties through grants to licensees
16located within the county in which the assessment was
17collected. Moneys in the Fund shall not supplant other local,
18state or federal funds.
19(Source: P.A. 100-759, eff. 1-1-19.)
 
20    Section 1115. The Mental Health and Developmental
21Disabilities Confidentiality Act is amended by changing
22Sections 12 and 12.2 as follows:
 
23    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
24    Sec. 12. (a) If the United States Secret Service or the

 

 

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1Illinois Department of State Police requests information from
2a mental health or developmental disability facility, as
3defined in Section 1-107 and 1-114 of the Mental Health and
4Developmental Disabilities Code, relating to a specific
5recipient and the facility director determines that disclosure
6of such information may be necessary to protect the life of, or
7to prevent the infliction of great bodily harm to, a public
8official, or a person under the protection of the United
9States Secret Service, only the following information may be
10disclosed: the recipient's name, address, and age and the date
11of any admission to or discharge from a facility; and any
12information which would indicate whether or not the recipient
13has a history of violence or presents a danger of violence to
14the person under protection. Any information so disclosed
15shall be used for investigative purposes only and shall not be
16publicly disseminated. Any person participating in good faith
17in the disclosure of such information in accordance with this
18provision shall have immunity from any liability, civil,
19criminal or otherwise, if such information is disclosed
20relying upon the representation of an officer of the United
21States Secret Service or the Illinois Department of State
22Police that a person is under the protection of the United
23States Secret Service or is a public official.
24    For the purpose of this subsection (a), the term "public
25official" means the Governor, Lieutenant Governor, Attorney
26General, Secretary of State, State Comptroller, State

 

 

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1Treasurer, member of the General Assembly, member of the
2United States Congress, Judge of the United States as defined
3in 28 U.S.C. 451, Justice of the United States as defined in 28
4U.S.C. 451, United States Magistrate Judge as defined in 28
5U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
6Supreme, Appellate, Circuit, or Associate Judge of the State
7of Illinois. The term shall also include the spouse, child or
8children of a public official.
9    (b) The Department of Human Services (acting as successor
10to the Department of Mental Health and Developmental
11Disabilities) and all public or private hospitals and mental
12health facilities are required, as hereafter described in this
13subsection, to furnish the Illinois Department of State Police
14only such information as may be required for the sole purpose
15of determining whether an individual who may be or may have
16been a patient is disqualified because of that status from
17receiving or retaining a Firearm Owner's Identification Card
18or falls within the federal prohibitors under subsection (e),
19(f), (g), (r), (s), or (t) of Section 8 of the Firearm Owners
20Identification Card Act, or falls within the federal
21prohibitors in 18 U.S.C. 922(g) and (n). All physicians,
22clinical psychologists, or qualified examiners at public or
23private mental health facilities or parts thereof as defined
24in this subsection shall, in the form and manner required by
25the Department, provide notice directly to the Department of
26Human Services, or to his or her employer who shall then report

 

 

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1to the Department, within 24 hours after determining that a
2person poses a clear and present danger to himself, herself,
3or others, or within 7 days after a person 14 years or older is
4determined to be a person with a developmental disability by a
5physician, clinical psychologist, or qualified examiner as
6described in Section 1.1 of the Firearm Owners Identification
7Card Act. If a person is a patient as described in clause (1)
8of the definition of "patient" in Section 1.1 of the Firearm
9Owners Identification Card Act, this information shall be
10furnished within 7 days after admission to a public or private
11hospital or mental health facility or the provision of
12services. Any such information disclosed under this subsection
13shall remain privileged and confidential, and shall not be
14redisclosed, except as required by subsection (e) of Section
153.1 of the Firearm Owners Identification Card Act, nor
16utilized for any other purpose. The method of requiring the
17providing of such information shall guarantee that no
18information is released beyond what is necessary for this
19purpose. In addition, the information disclosed shall be
20provided by the Department within the time period established
21by Section 24-3 of the Criminal Code of 2012 regarding the
22delivery of firearms. The method used shall be sufficient to
23provide the necessary information within the prescribed time
24period, which may include periodically providing lists to the
25Department of Human Services or any public or private hospital
26or mental health facility of Firearm Owner's Identification

 

 

SB2037- 2345 -LRB102 17120 WGH 22551 b

1Card applicants on which the Department or hospital shall
2indicate the identities of those individuals who are to its
3knowledge disqualified from having a Firearm Owner's
4Identification Card for reasons described herein. The
5Department may provide for a centralized source of information
6for the State on this subject under its jurisdiction. The
7identity of the person reporting under this subsection shall
8not be disclosed to the subject of the report. For the purposes
9of this subsection, the physician, clinical psychologist, or
10qualified examiner making the determination and his or her
11employer shall not be held criminally, civilly, or
12professionally liable for making or not making the
13notification required under this subsection, except for
14willful or wanton misconduct.
15    Any person, institution, or agency, under this Act,
16participating in good faith in the reporting or disclosure of
17records and communications otherwise in accordance with this
18provision or with rules, regulations or guidelines issued by
19the Department shall have immunity from any liability, civil,
20criminal or otherwise, that might result by reason of the
21action. For the purpose of any proceeding, civil or criminal,
22arising out of a report or disclosure in accordance with this
23provision, the good faith of any person, institution, or
24agency so reporting or disclosing shall be presumed. The full
25extent of the immunity provided in this subsection (b) shall
26apply to any person, institution or agency that fails to make a

 

 

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1report or disclosure in the good faith belief that the report
2or disclosure would violate federal regulations governing the
3confidentiality of alcohol and drug abuse patient records
4implementing 42 U.S.C. 290dd-3 and 290ee-3.
5    For purposes of this subsection (b) only, the following
6terms shall have the meaning prescribed:
7        (1) (Blank).
8        (1.3) "Clear and present danger" has the meaning as
9    defined in Section 1.1 of the Firearm Owners
10    Identification Card Act.
11        (1.5) "Person with a developmental disability" has the
12    meaning as defined in Section 1.1 of the Firearm Owners
13    Identification Card Act.
14        (2) "Patient" has the meaning as defined in Section
15    1.1 of the Firearm Owners Identification Card Act.
16        (3) "Mental health facility" has the meaning as
17    defined in Section 1.1 of the Firearm Owners
18    Identification Card Act.
19    (c) Upon the request of a peace officer who takes a person
20into custody and transports such person to a mental health or
21developmental disability facility pursuant to Section 3-606 or
224-404 of the Mental Health and Developmental Disabilities Code
23or who transports a person from such facility, a facility
24director shall furnish said peace officer the name, address,
25age and name of the nearest relative of the person transported
26to or from the mental health or developmental disability

 

 

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1facility. In no case shall the facility director disclose to
2the peace officer any information relating to the diagnosis,
3treatment or evaluation of the person's mental or physical
4health.
5    For the purposes of this subsection (c), the terms "mental
6health or developmental disability facility", "peace officer"
7and "facility director" shall have the meanings ascribed to
8them in the Mental Health and Developmental Disabilities Code.
9    (d) Upon the request of a peace officer or prosecuting
10authority who is conducting a bona fide investigation of a
11criminal offense, or attempting to apprehend a fugitive from
12justice, a facility director may disclose whether a person is
13present at the facility. Upon request of a peace officer or
14prosecuting authority who has a valid forcible felony warrant
15issued, a facility director shall disclose: (1) whether the
16person who is the subject of the warrant is present at the
17facility and (2) the date of that person's discharge or future
18discharge from the facility. The requesting peace officer or
19prosecuting authority must furnish a case number and the
20purpose of the investigation or an outstanding arrest warrant
21at the time of the request. Any person, institution, or agency
22participating in good faith in disclosing such information in
23accordance with this subsection (d) is immune from any
24liability, civil, criminal or otherwise, that might result by
25reason of the action.
26(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

 

 

SB2037- 2348 -LRB102 17120 WGH 22551 b

1eff. 7-27-15; 99-642, eff. 7-28-16.)
 
2    (740 ILCS 110/12.2)  (from Ch. 91 1/2, par. 812.2)
3    Sec. 12.2. (a) When a recipient who has been judicially or
4involuntarily admitted, or is a forensic recipient admitted to
5a developmental disability or mental health facility, as
6defined in Section 1-107 or 1-114 of the Mental Health and
7Developmental Disabilities Code, is on an unauthorized absence
8or otherwise has left the custody of the Department of Human
9Services without being discharged or being free to do so, the
10facility director shall immediately furnish and disclose to
11the appropriate local law enforcement agency identifying
12information, as defined in this Section, and all further
13information unrelated to the diagnosis, treatment or
14evaluation of the recipient's mental or physical health that
15would aid the law enforcement agency in recovering the
16recipient and returning him or her to custody. When a forensic
17recipient is on an unauthorized absence or otherwise has left
18the custody of the Department without being discharged or
19being free to do so, the facility director, or designee, of a
20mental health facility or developmental facility operated by
21the Department shall also immediately notify, in like manner,
22the Illinois Department of State Police.
23    (b) If a law enforcement agency requests information from
24a developmental disability or mental health facility, as
25defined in Section 1-107 or 1-114 of the Mental Health and

 

 

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1Developmental Disabilities Code, relating to a recipient who
2has been admitted to the facility and for whom a missing person
3report has been filed with a law enforcement agency, the
4facility director shall, except in the case of a voluntary
5recipient wherein the recipient's permission in writing must
6first be obtained, furnish and disclose to the law enforcement
7agency identifying information as is necessary to confirm or
8deny whether that person is, or has been since the missing
9person report was filed, a resident of that facility. The
10facility director shall notify the law enforcement agency if
11the missing person is admitted after the request. Any person
12participating in good faith in the disclosure of information
13in accordance with this provision shall have immunity from any
14liability, civil, criminal, or otherwise, if the information
15is disclosed relying upon the representation of an officer of
16a law enforcement agency that a missing person report has been
17filed.
18    (c) Upon the request of a law enforcement agency in
19connection with the investigation of a particular felony or
20sex offense, when the investigation case file number is
21furnished by the law enforcement agency, a facility director
22shall immediately disclose to that law enforcement agency
23identifying information on any forensic recipient who is
24admitted to a developmental disability or mental health
25facility, as defined in Section 1-107 or 1-114 of the Mental
26Health and Developmental Disabilities Code, who was or may

 

 

SB2037- 2350 -LRB102 17120 WGH 22551 b

1have been away from the facility at or about the time of the
2commission of a particular felony or sex offense, and: (1)
3whose description, clothing, or both reasonably match the
4physical description of any person allegedly involved in that
5particular felony or sex offense; or (2) whose past modus
6operandi matches the modus operandi of that particular felony
7or sex offense.
8    (d) For the purposes of this Section and Section 12.1,
9"law enforcement agency" means an agency of the State or unit
10of local government that is vested by law or ordinance with the
11duty to maintain public order and to enforce criminal laws or
12ordinances, the Federal Bureau of Investigation, the Central
13Intelligence Agency, and the United States Secret Service.
14    (e) For the purpose of this Section, "identifying
15information" means the name, address, age, and a physical
16description, including clothing, of the recipient of services,
17the names and addresses of the recipient's nearest known
18relatives, where the recipient was known to have been during
19any past unauthorized absences from a facility, whether the
20recipient may be suicidal, and the condition of the
21recipient's physical health as it relates to exposure to the
22weather. Except as provided in Section 11, in no case shall the
23facility director disclose to the law enforcement agency any
24information relating to the diagnosis, treatment, or
25evaluation of the recipient's mental or physical health,
26unless the disclosure is deemed necessary by the facility

 

 

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1director to insure the safety of the investigating officers or
2general public.
3    (f) For the purpose of this Section, "forensic recipient"
4means a recipient who is placed in a developmental disability
5facility or mental health facility, as defined in Section
61-107 or 1-114 of the Mental Health and Developmental
7Disabilities Code, pursuant to Article 104 of the Code of
8Criminal Procedure of 1963 or Sections 3-8-5, 3-10-5 or 5-2-4
9of the Unified Code of Corrections.
10(Source: P.A. 98-756, eff. 7-16-14; 99-216, eff. 7-31-15.)
 
11    Section 1120. The Illinois False Claims Act is amended by
12changing Sections 2, 4, and 8 as follows:
 
13    (740 ILCS 175/2)  (from Ch. 127, par. 4102)
14    Sec. 2. Definitions. As used in this Act:
15    (a) "State" means the State of Illinois; any agency of
16State government; the system of State colleges and
17universities, any school district, community college district,
18county, municipality, municipal corporation, unit of local
19government, and any combination of the above under an
20intergovernmental agreement that includes provisions for a
21governing body of the agency created by the agreement.
22    (b) "Guard" means the Illinois National Guard.
23    (c) "Investigation" means any inquiry conducted by any
24investigator for the purpose of ascertaining whether any

 

 

SB2037- 2352 -LRB102 17120 WGH 22551 b

1person is or has been engaged in any violation of this Act.
2    (d) "Investigator" means a person who is charged by the
3Attorney General or the Illinois Department of State Police
4with the duty of conducting any investigation under this Act,
5or any officer or employee of the State acting under the
6direction and supervision of the Attorney General or the
7Illinois Department of State Police, through the Division of
8Operations or the Division of Internal Investigation, in the
9course of an investigation.
10    (e) "Documentary material" includes the original or any
11copy of any book, record, report, memorandum, paper,
12communication, tabulation, chart, or other document, or data
13compilations stored in or accessible through computer or other
14information retrieval systems, together with instructions and
15all other materials necessary to use or interpret such data
16compilations, and any product of discovery.
17    (f) "Custodian" means the custodian, or any deputy
18custodian, designated by the Attorney General under subsection
19(i)(1) of Section 6.
20    (g) "Product of discovery" includes:
21        (1) the original or duplicate of any deposition,
22    interrogatory, document, thing, result of the inspection
23    of land or other property, examination, or admission,
24    which is obtained by any method of discovery in any
25    judicial or administrative proceeding of an adversarial
26    nature;

 

 

SB2037- 2353 -LRB102 17120 WGH 22551 b

1        (2) any digest, analysis, selection, compilation, or
2    derivation of any item listed in paragraph (1); and
3        (3) any index or other manner of access to any item
4    listed in paragraph (1).
5(Source: P.A. 95-128, eff. 1-1-08; 96-1304, eff. 7-27-10.)
 
6    (740 ILCS 175/4)  (from Ch. 127, par. 4104)
7    Sec. 4. Civil actions for false claims.
8    (a) Responsibilities of the Attorney General and the
9Illinois Department of State Police. The Attorney General or
10the Illinois Department of State Police shall diligently
11investigate a civil violation under Section 3. If the Attorney
12General finds that a person violated or is violating Section
133, the Attorney General may bring a civil action under this
14Section against the person.
15    The State shall receive an amount for reasonable expenses
16that the court finds to have been necessarily incurred by the
17Attorney General, including reasonable attorneys' fees and
18costs. All such expenses, fees, and costs shall be awarded
19against the defendant. The court may award amounts from the
20proceeds of an action or settlement that it considers
21appropriate to any governmental entity or program that has
22been adversely affected by a defendant. The Attorney General,
23if necessary, shall direct the State Treasurer to make a
24disbursement of funds as provided in court orders or
25settlement agreements.

 

 

SB2037- 2354 -LRB102 17120 WGH 22551 b

1    (b) Actions by private persons.
2        (1) A person may bring a civil action for a violation
3    of Section 3 for the person and for the State. The action
4    shall be brought in the name of the State. The action may
5    be dismissed only if the court and the Attorney General
6    give written consent to the dismissal and their reasons
7    for consenting.
8        (2) A copy of the complaint and written disclosure of
9    substantially all material evidence and information the
10    person possesses shall be served on the State. The
11    complaint shall be filed in camera, shall remain under
12    seal for at least 60 days, and shall not be served on the
13    defendant until the court so orders. The State may elect
14    to intervene and proceed with the action within 60 days
15    after it receives both the complaint and the material
16    evidence and information.
17        (3) The State may, for good cause shown, move the
18    court for extensions of the time during which the
19    complaint remains under seal under paragraph (2). Any such
20    motions may be supported by affidavits or other
21    submissions in camera. The defendant shall not be required
22    to respond to any complaint filed under this Section until
23    20 days after the complaint is unsealed and served upon
24    the defendant.
25        (4) Before the expiration of the 60-day period or any
26    extensions obtained under paragraph (3), the State shall:

 

 

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1            (A) proceed with the action, in which case the
2        action shall be conducted by the State; or
3            (B) notify the court that it declines to take over
4        the action, in which case the person bringing the
5        action shall have the right to conduct the action.
6        (5) When a person brings an action under this
7    subsection (b), no person other than the State may
8    intervene or bring a related action based on the facts
9    underlying the pending action.
10    (c) Rights of the parties to Qui Tam actions.
11        (1) If the State proceeds with the action, it shall
12    have the primary responsibility for prosecuting the
13    action, and shall not be bound by an act of the person
14    bringing the action. Such person shall have the right to
15    continue as a party to the action, subject to the
16    limitations set forth in paragraph (2).
17        (2)(A) The State may dismiss the action
18    notwithstanding the objections of the person initiating
19    the action if the person has been notified by the State of
20    the filing of the motion and the court has provided the
21    person with an opportunity for a hearing on the motion.
22        (B) The State may settle the action with the defendant
23    notwithstanding the objections of the person initiating
24    the action if the court determines, after a hearing, that
25    the proposed settlement is fair, adequate, and reasonable
26    under all the circumstances. Upon a showing of good cause,

 

 

SB2037- 2356 -LRB102 17120 WGH 22551 b

1    such hearing may be held in camera.
2        (C) Upon a showing by the State that unrestricted
3    participation during the course of the litigation by the
4    person initiating the action would interfere with or
5    unduly delay the State's prosecution of the case, or would
6    be repetitious, irrelevant, or for purposes of harassment,
7    the court may, in its discretion, impose limitations on
8    the person's participation, such as:
9            (i) limiting the number of witnesses the person
10        may call:
11            (ii) limiting the length of the testimony of such
12        witnesses;
13            (iii) limiting the person's cross-examination of
14        witnesses; or
15            (iv) otherwise limiting the participation by the
16        person in the litigation.
17        (D) Upon a showing by the defendant that unrestricted
18    participation during the course of the litigation by the
19    person initiating the action would be for purposes of
20    harassment or would cause the defendant undue burden or
21    unnecessary expense, the court may limit the participation
22    by the person in the litigation.
23        (3) If the State elects not to proceed with the
24    action, the person who initiated the action shall have the
25    right to conduct the action. If the State so requests, it
26    shall be served with copies of all pleadings filed in the

 

 

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1    action and shall be supplied with copies of all deposition
2    transcripts (at the State's expense). When a person
3    proceeds with the action, the court, without limiting the
4    status and rights of the person initiating the action, may
5    nevertheless permit the State to intervene at a later date
6    upon a showing of good cause.
7        (4) Whether or not the State proceeds with the action,
8    upon a showing by the State that certain actions of
9    discovery by the person initiating the action would
10    interfere with the State's investigation or prosecution of
11    a criminal or civil matter arising out of the same facts,
12    the court may stay such discovery for a period of not more
13    than 60 days. Such a showing shall be conducted in camera.
14    The court may extend the 60-day period upon a further
15    showing in camera that the State has pursued the criminal
16    or civil investigation or proceedings with reasonable
17    diligence and any proposed discovery in the civil action
18    will interfere with the ongoing criminal or civil
19    investigation or proceedings.
20        (5) Notwithstanding subsection (b), the State may
21    elect to pursue its claim through any alternate remedy
22    available to the State, including any administrative
23    proceeding to determine a civil money penalty. If any such
24    alternate remedy is pursued in another proceeding, the
25    person initiating the action shall have the same rights in
26    such proceeding as such person would have had if the

 

 

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1    action had continued under this Section. Any finding of
2    fact or conclusion of law made in such other proceeding
3    that has become final shall be conclusive on all parties
4    to an action under this Section. For purposes of the
5    preceding sentence, a finding or conclusion is final if it
6    has been finally determined on appeal to the appropriate
7    court, if all time for filing such an appeal with respect
8    to the finding or conclusion has expired, or if the
9    finding or conclusion is not subject to judicial review.
10    (d) Award to Qui Tam plaintiff.
11        (1) If the State proceeds with an action brought by a
12    person under subsection (b), such person shall, subject to
13    the second sentence of this paragraph, receive at least
14    15% but not more than 25% of the proceeds of the action or
15    settlement of the claim, depending upon the extent to
16    which the person substantially contributed to the
17    prosecution of the action. Where the action is one which
18    the court finds to be based primarily on disclosures of
19    specific information (other than information provided by
20    the person bringing the action) relating to allegations or
21    transactions in a criminal, civil, or administrative
22    hearing, in a legislative, administrative, or Auditor
23    General's report, hearing, audit, or investigation, or
24    from the news media, the court may award such sums as it
25    considers appropriate, but in no case more than 10% of the
26    proceeds, taking into account the significance of the

 

 

SB2037- 2359 -LRB102 17120 WGH 22551 b

1    information and the role of the person bringing the action
2    in advancing the case to litigation. Any payment to a
3    person under the first or second sentence of this
4    paragraph (1) shall be made from the proceeds. Any such
5    person shall also receive an amount for reasonable
6    expenses which the court finds to have been necessarily
7    incurred, plus reasonable attorneys' fees and costs. The
8    State shall also receive an amount for reasonable expenses
9    which the court finds to have been necessarily incurred by
10    the Attorney General, including reasonable attorneys' fees
11    and costs. All such expenses, fees, and costs shall be
12    awarded against the defendant. The court may award amounts
13    from the proceeds of an action or settlement that it
14    considers appropriate to any governmental entity or
15    program that has been adversely affected by a defendant.
16    The Attorney General, if necessary, shall direct the State
17    Treasurer to make a disbursement of funds as provided in
18    court orders or settlement agreements.
19        (2) If the State does not proceed with an action under
20    this Section, the person bringing the action or settling
21    the claim shall receive an amount which the court decides
22    is reasonable for collecting the civil penalty and
23    damages. The amount shall be not less than 25% and not more
24    than 30% of the proceeds of the action or settlement and
25    shall be paid out of such proceeds. Such person shall also
26    receive an amount for reasonable expenses which the court

 

 

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1    finds to have been necessarily incurred, plus reasonable
2    attorneys' fees and costs. All such expenses, fees, and
3    costs shall be awarded against the defendant. The court
4    may award amounts from the proceeds of an action or
5    settlement that it considers appropriate to any
6    governmental entity or program that has been adversely
7    affected by a defendant. The Attorney General, if
8    necessary, shall direct the State Treasurer to make a
9    disbursement of funds as provided in court orders or
10    settlement agreements.
11        (3) Whether or not the State proceeds with the action,
12    if the court finds that the action was brought by a person
13    who planned and initiated the violation of Section 3 upon
14    which the action was brought, then the court may, to the
15    extent the court considers appropriate, reduce the share
16    of the proceeds of the action which the person would
17    otherwise receive under paragraph (1) or (2) of this
18    subsection (d), taking into account the role of that
19    person in advancing the case to litigation and any
20    relevant circumstances pertaining to the violation. If the
21    person bringing the action is convicted of criminal
22    conduct arising from his or her role in the violation of
23    Section 3, that person shall be dismissed from the civil
24    action and shall not receive any share of the proceeds of
25    the action. Such dismissal shall not prejudice the right
26    of the State to continue the action, represented by the

 

 

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1    Attorney General.
2        (4) If the State does not proceed with the action and
3    the person bringing the action conducts the action, the
4    court may award to the defendant its reasonable attorneys'
5    fees and expenses if the defendant prevails in the action
6    and the court finds that the claim of the person bringing
7    the action was clearly frivolous, clearly vexatious, or
8    brought primarily for purposes of harassment.
9    (e) Certain actions barred.
10        (1) No court shall have jurisdiction over an action
11    brought by a former or present member of the Guard under
12    subsection (b) of this Section against a member of the
13    Guard arising out of such person's service in the Guard.
14        (2)(A) No court shall have jurisdiction over an action
15    brought under subsection (b) against a member of the
16    General Assembly, a member of the judiciary, or an exempt
17    official if the action is based on evidence or information
18    known to the State when the action was brought.
19        (B) For purposes of this paragraph (2), "exempt
20    official" means any of the following officials in State
21    service: directors of departments established under the
22    Civil Administrative Code of Illinois, the Adjutant
23    General, the Assistant Adjutant General, the Director of
24    the State Emergency Services and Disaster Agency, members
25    of the boards and commissions, and all other positions
26    appointed by the Governor by and with the consent of the

 

 

SB2037- 2362 -LRB102 17120 WGH 22551 b

1    Senate.
2        (3) In no event may a person bring an action under
3    subsection (b) which is based upon allegations or
4    transactions which are the subject of a civil suit or an
5    administrative civil money penalty proceeding in which the
6    State is already a party.
7        (4)(A) The court shall dismiss an action or claim
8    under this Section, unless opposed by the State, if
9    substantially the same allegations or transactions as
10    alleged in the action or claim were publicly disclosed:
11            (i) in a criminal, civil, or administrative
12        hearing in which the State or its agent is a party;
13            (ii) in a State legislative, State Auditor
14        General, or other State report, hearing, audit, or
15        investigation; or
16            (iii) from the news media,
17    unless the action is brought by the Attorney General or
18    the person bringing the action is an original source of
19    the information.
20        (B) For purposes of this paragraph (4), "original
21    source" means an individual who either (i) prior to a
22    public disclosure under subparagraph (A) of this paragraph
23    (4), has voluntarily disclosed to the State the
24    information on which allegations or transactions in a
25    claim are based, or (ii) has knowledge that is independent
26    of and materially adds to the publicly disclosed

 

 

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1    allegations or transactions, and who has voluntarily
2    provided the information to the State before filing an
3    action under this Section.
4    (f) State not liable for certain expenses. The State is
5not liable for expenses which a person incurs in bringing an
6action under this Section.
7    (g) Relief from retaliatory actions.
8        (1) In general, any employee, contractor, or agent
9    shall be entitled to all relief necessary to make that
10    employee, contractor, or agent whole, if that employee,
11    contractor, or agent is discharged, demoted, suspended,
12    threatened, harassed, or in any other manner discriminated
13    against in the terms and conditions of employment because
14    of lawful acts done by the employee, contractor, agent, or
15    associated others in furtherance of an action under this
16    Section or other efforts to stop one or more violations of
17    this Act.
18        (2) Relief under paragraph (1) shall include
19    reinstatement with the same seniority status that the
20    employee, contractor, or agent would have had but for the
21    discrimination, 2 times the amount of back pay, interest
22    on the back pay, and compensation for any special damages
23    sustained as a result of the discrimination, including
24    litigation costs and reasonable attorneys' fees. An action
25    under this subsection (g) may be brought in the
26    appropriate circuit court for the relief provided in this

 

 

SB2037- 2364 -LRB102 17120 WGH 22551 b

1    subsection (g).
2        (3) A civil action under this subsection may not be
3    brought more than 3 years after the date when the
4    retaliation occurred.
5(Source: P.A. 96-1304, eff. 7-27-10; 97-978, eff. 8-17-12.)
 
6    (740 ILCS 175/8)  (from Ch. 127, par. 4108)
7    Sec. 8. Funds; Grants.
8    (a) There is hereby created the State Whistleblower Reward
9and Protection Fund to be held outside of the State Treasury
10with the State Treasurer as custodian. All proceeds of an
11action or settlement of a claim brought under this Act shall be
12deposited in the Fund. Any attorneys' fees, expenses, and
13costs paid by or awarded against any defendant pursuant to
14Section 4 of this Act shall not be considered part of the
15proceeds to be deposited in the Fund.
16    (b) Monies in the Fund shall be allocated as follows:
17One-sixth of the monies shall be paid to the Attorney General
18Whistleblower Reward and Protection Fund, which is hereby
19created as a special fund in the State Treasury, and one-sixth
20of the monies shall be paid to the State Police Whistleblower
21Reward and Protection Fund, which is hereby created as a
22special fund in the State Treasury, for State law enforcement
23purposes. The remaining two-thirds of the monies in the Fund
24shall be used for payment of awards to Qui Tam plaintiffs and
25as otherwise specified in this Act, with any remainder to the

 

 

SB2037- 2365 -LRB102 17120 WGH 22551 b

1General Revenue Fund. The Attorney General shall direct the
2State Treasurer to make disbursement of funds.
3(Source: P.A. 101-148, eff. 7-26-19.)
 
4    Section 1125. The Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Section 607.5 as follows:
 
6    (750 ILCS 5/607.5)
7    Sec. 607.5. Abuse of allocated parenting time.
8    (a) The court shall provide an expedited procedure for the
9enforcement of allocated parenting time.
10    (b) An action for the enforcement of allocated parenting
11time may be commenced by a parent or a person appointed under
12Section 506 by filing a petition setting forth: (i) the
13petitioner's name and residence address or mailing address,
14except that if the petition states that disclosure of
15petitioner's address would risk abuse of petitioner or any
16member of petitioner's family or household or reveal the
17confidential address of a shelter for domestic violence
18victims, that address may be omitted from the petition; (ii)
19the respondent's name and place of residence, place of
20employment, or mailing address; (iii) the terms of the
21parenting plan or allocation judgment then in effect; (iv) the
22nature of the violation of the allocation of parenting time,
23giving dates and other relevant information; and (v) that a
24reasonable attempt was made to resolve the dispute.

 

 

SB2037- 2366 -LRB102 17120 WGH 22551 b

1    (c) If the court finds by a preponderance of the evidence
2that a parent has not complied with allocated parenting time
3according to an approved parenting plan or a court order, the
4court, in the child's best interests, shall issue an order
5that may include one or more of the following:
6        (1) an imposition of additional terms and conditions
7    consistent with the court's previous allocation of
8    parenting time or other order;
9        (2) a requirement that either or both of the parties
10    attend a parental education program at the expense of the
11    non-complying parent;
12        (3) upon consideration of all relevant factors,
13    particularly a history or possibility of domestic
14    violence, a requirement that the parties participate in
15    family or individual counseling, the expense of which
16    shall be allocated by the court; if counseling is ordered,
17    all counseling sessions shall be confidential, and the
18    communications in counseling shall not be used in any
19    manner in litigation nor relied upon by an expert
20    appointed by the court or retained by any party;
21        (4) a requirement that the non-complying parent post a
22    cash bond or other security to ensure future compliance,
23    including a provision that the bond or other security may
24    be forfeited to the other parent for payment of expenses
25    on behalf of the child as the court shall direct;
26        (5) a requirement that makeup parenting time be

 

 

SB2037- 2367 -LRB102 17120 WGH 22551 b

1    provided for the aggrieved parent or child under the
2    following conditions:
3            (A) that the parenting time is of the same type and
4        duration as the parenting time that was denied,
5        including but not limited to parenting time during
6        weekends, on holidays, and on weekdays and during
7        times when the child is not in school;
8            (B) that the parenting time is made up within 6
9        months after the noncompliance occurs, unless the
10        period of time or holiday cannot be made up within 6
11        months, in which case the parenting time shall be made
12        up within one year after the noncompliance occurs;
13        (6) a finding that the non-complying parent is in
14    contempt of court;
15        (7) an imposition on the non-complying parent of an
16    appropriate civil fine per incident of denied parenting
17    time;
18        (8) a requirement that the non-complying parent
19    reimburse the other parent for all reasonable expenses
20    incurred as a result of the violation of the parenting
21    plan or court order; and
22        (9) any other provision that may promote the child's
23    best interests.
24    (d) In addition to any other order entered under
25subsection (c), except for good cause shown, the court shall
26order a parent who has failed to provide allocated parenting

 

 

SB2037- 2368 -LRB102 17120 WGH 22551 b

1time or to exercise allocated parenting time to pay the
2aggrieved party his or her reasonable attorney's fees, court
3costs, and expenses associated with an action brought under
4this Section. If the court finds that the respondent in an
5action brought under this Section has not violated the
6allocated parenting time, the court may order the petitioner
7to pay the respondent's reasonable attorney's fees, court
8costs, and expenses incurred in the action.
9    (e) Nothing in this Section precludes a party from
10maintaining any other action as provided by law.
11    (f) When the court issues an order holding a party in
12contempt for violation of a parenting time order and finds
13that the party engaged in parenting time abuse, the court may
14order one or more of the following:
15        (1) Suspension of a party's Illinois driving
16    privileges pursuant to Section 7-703 of the Illinois
17    Vehicle Code until the court determines that the party is
18    in compliance with the parenting time order. The court may
19    also order that a party be issued a family financial
20    responsibility driving permit that would allow limited
21    driving privileges for employment, for medical purposes,
22    and to transport a child to or from scheduled parenting
23    time in order to comply with a parenting time order in
24    accordance with subsection (a-1) of Section 7-702.1 of the
25    Illinois Vehicle Code.
26        (2) Placement of a party on probation with such

 

 

SB2037- 2369 -LRB102 17120 WGH 22551 b

1    conditions of probation as the court deems advisable.
2        (3) Sentencing of a party to periodic imprisonment for
3    a period not to exceed 6 months; provided, that the court
4    may permit the party to be released for periods of time
5    during the day or night to:
6            (A) work; or
7            (B) conduct a business or other self-employed
8        occupation.
9        (4) Find that a party in engaging in parenting time
10    abuse is guilty of a petty offense and should be fined an
11    amount of no more than $500 for each finding of parenting
12    time abuse.
13    (g) When the court issues an order holding a party in
14contempt of court for violation of a parenting order, the
15clerk shall transmit a copy of the contempt order to the
16sheriff of the county. The sheriff shall furnish a copy of each
17contempt order to the Illinois Department of State Police on a
18daily basis in the form and manner required by the Department.
19The Department shall maintain a complete record and index of
20the contempt orders and make this data available to all local
21law enforcement agencies.
22    (h) Nothing contained in this Section shall be construed
23to limit the court's contempt power.
24(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
 
25    Section 1130. The Adoption Act is amended by changing

 

 

SB2037- 2370 -LRB102 17120 WGH 22551 b

1Sections 6 and 12.3 as follows:
 
2    (750 ILCS 50/6)  (from Ch. 40, par. 1508)
3    Sec. 6. A. Investigation; all cases. Within 10 days after
4the filing of a petition for the adoption or standby adoption
5of a child other than a related child, the court shall appoint
6a child welfare agency approved by the Department of Children
7and Family Services, or a person deemed competent by the
8court, or in Cook County the Court Services Division of the
9Cook County Department of Public Aid, or the Department of
10Children and Family Services if the court determines that no
11child welfare agency is available or that the petitioner is
12financially unable to pay for the investigation, to
13investigate accurately, fully and promptly, the allegations
14contained in the petition; the character, reputation, health
15and general standing in the community of the petitioners; the
16religious faith of the petitioners and, if ascertainable, of
17the child sought to be adopted; and whether the petitioners
18are proper persons to adopt the child and whether the child is
19a proper subject of adoption. The investigation required under
20this Section shall include a fingerprint based criminal
21background check with a review of fingerprints by the Illinois
22State Police and Federal Bureau of Investigation. Each
23petitioner subject to this investigation, shall submit his or
24her fingerprints to the Illinois Department of State Police in
25the form and manner prescribed by the Illinois Department of

 

 

SB2037- 2371 -LRB102 17120 WGH 22551 b

1State Police. These fingerprints shall be checked against the
2fingerprint records now and hereafter filed in the Illinois
3Department of State Police and Federal Bureau of Investigation
4criminal history records databases. The Illinois Department of
5State Police shall charge a fee for conducting the criminal
6history records check, which shall be deposited in the State
7Police Services Fund and shall not exceed the actual cost of
8the records check. The criminal background check required by
9this Section shall include a listing of when, where and by whom
10the criminal background check was prepared. The criminal
11background check required by this Section shall not be more
12than two years old.
13    Neither a clerk of the circuit court nor a judge may
14require that a criminal background check or fingerprint review
15be filed with, or at the same time as, an initial petition for
16adoption.
17    B. Investigation; foreign-born child. In the case of a
18child born outside the United States or a territory thereof,
19in addition to the investigation required under subsection (A)
20of this Section, a post-placement investigation shall be
21conducted in accordance with the requirements of the Child
22Care Act of 1969, the Interstate Compact on the Placement of
23Children, and the Intercountry Adoption Act of 2000.
24    The requirements of a post-placement investigation shall
25be deemed to have been satisfied if a valid final order or
26judgment of adoption has been entered by a court of competent

 

 

SB2037- 2372 -LRB102 17120 WGH 22551 b

1jurisdiction in a country other than the United States or a
2territory thereof with respect to such child and the
3petitioners.
4    C. Report of investigation. The court shall determine
5whether the costs of the investigation shall be charged to the
6petitioners. The information obtained as a result of such
7investigation shall be presented to the court in a written
8report. The results of the criminal background check required
9under subsection (A) shall be provided to the court for its
10review. The court may, in its discretion, weigh the
11significance of the results of the criminal background check
12against the entirety of the background of the petitioners. The
13Court, in its discretion, may accept the report of the
14investigation previously made by a licensed child welfare
15agency, if made within one year prior to the entry of the
16judgment. Such report shall be treated as confidential and
17withheld from inspection unless findings adverse to the
18petitioners or to the child sought to be adopted are contained
19therein, and in that event the court shall inform the
20petitioners of the relevant portions pertaining to the adverse
21findings. In no event shall any facts set forth in the report
22be considered at the hearing of the proceeding, unless
23established by competent evidence. The report shall be filed
24with the record of the proceeding. If the file relating to the
25proceeding is not impounded, the report shall be impounded by
26the clerk of the court and shall be made available for

 

 

SB2037- 2373 -LRB102 17120 WGH 22551 b

1inspection only upon order of the court.
2    D. Related adoption. Such investigation shall not be made
3when the petition seeks to adopt a related child or an adult
4unless the court, in its discretion, shall so order. In such an
5event the court may appoint a person deemed competent by the
6court.
7(Source: P.A. 98-455, eff. 1-1-14.)
 
8    (750 ILCS 50/12.3)
9    Sec. 12.3. Additional requirements in private adoptions.
10In cases of adoptions in which an Illinois licensed child
11welfare agency is not providing adoption services and the
12child who is the subject of the adoption is not a related child
13of the prospective adoptive parent and not under the custody
14or guardianship of the Department of Children and Family
15Services under the Juvenile Court Act of 1987, the following
16requirements shall apply in addition to any other applicable
17requirements set forth in Section 6 or other provisions of
18this Act:
19        (1) Within 10 days of filing a petition for adoption
20    pursuant to Section 5 of this Act, the prospective
21    adoptive parents and anyone 18 years of age or older who
22    resides in the adoptive home must initiate requests for
23    background checks from the following: the State police and
24    child abuse registry from every state of residence for the
25    5 years preceding the filing date of the petition, the

 

 

SB2037- 2374 -LRB102 17120 WGH 22551 b

1    FBI, the National Sex Offender Registry, and, if Illinois
2    residents, from the Illinois State Police and Child Abuse
3    and Neglect Tracking System. The background checks must be
4    fingerprint-based, if available. The Child Abuse and
5    Neglect Tracking System background check must also be
6    requested for each person 13 to 17 years of age living in
7    the adoptive home.
8        (2) Within 30 days of filing a petition for adoption,
9    the results of the background checks set forth in
10    paragraph (1) of this Section shall be provided to the
11    guardian ad litem of the child appointed by the court or,
12    should there not be a guardian ad litem, to the
13    investigator appointed by the court pursuant to subsection
14    A of Section 6 of this Act.
15        (3) An initial assessment, including a home visit,
16    must be made by the guardian ad litem or the investigator
17    appointed by the court pursuant to subsection A of Section
18    6 of this Act no later than 30 days of said appointment;
19        (4) As part of the investigation, the guardian ad
20    litem or the investigator appointed by the court pursuant
21    to subsection A of Section 6 of this Act must provide the
22    prospective adoptive parents with the Adoptive Parent
23    Rights and Responsibilities-Private Form set forth in
24    Section 12.2 of this Act. The prospective adoptive parent
25    or parents must sign the form acknowledging receipt of the
26    form, and the original form must be filed with the court at

 

 

SB2037- 2375 -LRB102 17120 WGH 22551 b

1    the time of the issuance of the interim order, and a copy
2    must be provided to the prospective parent or parents;
3        (5) The attorney for the prospective adoptive parent
4    or parents or the birth parent or parents shall provide
5    the prospective adoptive parent or parents with the Birth
6    Parent Medical form or forms if completed by the birth
7    parent or parents as set forth in subsection A-2 of
8    Section 10 of this Act, as soon as practicable but no later
9    than the time of entry of the interim order;
10        (6) The guardian ad litem, or the court-appointed
11    investigator appointed pursuant to subsection A of Section
12    6 of this Act, shall provide a report of investigation to
13    the Court within 6 months after appointment, or earlier if
14    so ordered by the court.
15        (7) The birth parent shall have the right to request
16    to receive counseling before and after signing a Final and
17    Irrevocable Consent to Adoption form, a Final and
18    Irrevocable Consent to Adoption by a Specified Person or
19    Persons: Non-DCFS Case form, or a Consent to Adoption of
20    Unborn Child form. The prospective adoptive parent or
21    parents may agree to pay for the cost of counseling in a
22    manner consistent with Illinois law, but the prospective
23    adoptive parent or parents are not required to do so.
24(Source: P.A. 99-833, eff. 1-1-17.)
 
25    Section 1135. The Illinois Domestic Violence Act of 1986

 

 

SB2037- 2376 -LRB102 17120 WGH 22551 b

1is amended by changing Sections 214, 217, 220, 222, 222.5, and
2302 as follows:
 
3    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
4    Sec. 214. Order of protection; remedies.
5    (a) Issuance of order. If the court finds that petitioner
6has been abused by a family or household member or that
7petitioner is a high-risk adult who has been abused,
8neglected, or exploited, as defined in this Act, an order of
9protection prohibiting the abuse, neglect, or exploitation
10shall issue; provided that petitioner must also satisfy the
11requirements of one of the following Sections, as appropriate:
12Section 217 on emergency orders, Section 218 on interim
13orders, or Section 219 on plenary orders. Petitioner shall not
14be denied an order of protection because petitioner or
15respondent is a minor. The court, when determining whether or
16not to issue an order of protection, shall not require
17physical manifestations of abuse on the person of the victim.
18Modification and extension of prior orders of protection shall
19be in accordance with this Act.
20    (b) Remedies and standards. The remedies to be included in
21an order of protection shall be determined in accordance with
22this Section and one of the following Sections, as
23appropriate: Section 217 on emergency orders, Section 218 on
24interim orders, and Section 219 on plenary orders. The
25remedies listed in this subsection shall be in addition to

 

 

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1other civil or criminal remedies available to petitioner.
2        (1) Prohibition of abuse, neglect, or exploitation.
3    Prohibit respondent's harassment, interference with
4    personal liberty, intimidation of a dependent, physical
5    abuse, or willful deprivation, neglect or exploitation, as
6    defined in this Act, or stalking of the petitioner, as
7    defined in Section 12-7.3 of the Criminal Code of 2012, if
8    such abuse, neglect, exploitation, or stalking has
9    occurred or otherwise appears likely to occur if not
10    prohibited.
11        (2) Grant of exclusive possession of residence.
12    Prohibit respondent from entering or remaining in any
13    residence, household, or premises of the petitioner,
14    including one owned or leased by respondent, if petitioner
15    has a right to occupancy thereof. The grant of exclusive
16    possession of the residence, household, or premises shall
17    not affect title to real property, nor shall the court be
18    limited by the standard set forth in subsection (c-2) of
19    Section 501 of the Illinois Marriage and Dissolution of
20    Marriage Act.
21            (A) Right to occupancy. A party has a right to
22        occupancy of a residence or household if it is solely
23        or jointly owned or leased by that party, that party's
24        spouse, a person with a legal duty to support that
25        party or a minor child in that party's care, or by any
26        person or entity other than the opposing party that

 

 

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1        authorizes that party's occupancy (e.g., a domestic
2        violence shelter). Standards set forth in subparagraph
3        (B) shall not preclude equitable relief.
4            (B) Presumption of hardships. If petitioner and
5        respondent each has the right to occupancy of a
6        residence or household, the court shall balance (i)
7        the hardships to respondent and any minor child or
8        dependent adult in respondent's care resulting from
9        entry of this remedy with (ii) the hardships to
10        petitioner and any minor child or dependent adult in
11        petitioner's care resulting from continued exposure to
12        the risk of abuse (should petitioner remain at the
13        residence or household) or from loss of possession of
14        the residence or household (should petitioner leave to
15        avoid the risk of abuse). When determining the balance
16        of hardships, the court shall also take into account
17        the accessibility of the residence or household.
18        Hardships need not be balanced if respondent does not
19        have a right to occupancy.
20            The balance of hardships is presumed to favor
21        possession by petitioner unless the presumption is
22        rebutted by a preponderance of the evidence, showing
23        that the hardships to respondent substantially
24        outweigh the hardships to petitioner and any minor
25        child or dependent adult in petitioner's care. The
26        court, on the request of petitioner or on its own

 

 

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1        motion, may order respondent to provide suitable,
2        accessible, alternate housing for petitioner instead
3        of excluding respondent from a mutual residence or
4        household.
5        (3) Stay away order and additional prohibitions. Order
6    respondent to stay away from petitioner or any other
7    person protected by the order of protection, or prohibit
8    respondent from entering or remaining present at
9    petitioner's school, place of employment, or other
10    specified places at times when petitioner is present, or
11    both, if reasonable, given the balance of hardships.
12    Hardships need not be balanced for the court to enter a
13    stay away order or prohibit entry if respondent has no
14    right to enter the premises.
15            (A) If an order of protection grants petitioner
16        exclusive possession of the residence, or prohibits
17        respondent from entering the residence, or orders
18        respondent to stay away from petitioner or other
19        protected persons, then the court may allow respondent
20        access to the residence to remove items of clothing
21        and personal adornment used exclusively by respondent,
22        medications, and other items as the court directs. The
23        right to access shall be exercised on only one
24        occasion as the court directs and in the presence of an
25        agreed-upon adult third party or law enforcement
26        officer.

 

 

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1            (B) When the petitioner and the respondent attend
2        the same public, private, or non-public elementary,
3        middle, or high school, the court when issuing an
4        order of protection and providing relief shall
5        consider the severity of the act, any continuing
6        physical danger or emotional distress to the
7        petitioner, the educational rights guaranteed to the
8        petitioner and respondent under federal and State law,
9        the availability of a transfer of the respondent to
10        another school, a change of placement or a change of
11        program of the respondent, the expense, difficulty,
12        and educational disruption that would be caused by a
13        transfer of the respondent to another school, and any
14        other relevant facts of the case. The court may order
15        that the respondent not attend the public, private, or
16        non-public elementary, middle, or high school attended
17        by the petitioner, order that the respondent accept a
18        change of placement or change of program, as
19        determined by the school district or private or
20        non-public school, or place restrictions on the
21        respondent's movements within the school attended by
22        the petitioner. The respondent bears the burden of
23        proving by a preponderance of the evidence that a
24        transfer, change of placement, or change of program of
25        the respondent is not available. The respondent also
26        bears the burden of production with respect to the

 

 

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1        expense, difficulty, and educational disruption that
2        would be caused by a transfer of the respondent to
3        another school. A transfer, change of placement, or
4        change of program is not unavailable to the respondent
5        solely on the ground that the respondent does not
6        agree with the school district's or private or
7        non-public school's transfer, change of placement, or
8        change of program or solely on the ground that the
9        respondent fails or refuses to consent or otherwise
10        does not take an action required to effectuate a
11        transfer, change of placement, or change of program.
12        When a court orders a respondent to stay away from the
13        public, private, or non-public school attended by the
14        petitioner and the respondent requests a transfer to
15        another attendance center within the respondent's
16        school district or private or non-public school, the
17        school district or private or non-public school shall
18        have sole discretion to determine the attendance
19        center to which the respondent is transferred. In the
20        event the court order results in a transfer of the
21        minor respondent to another attendance center, a
22        change in the respondent's placement, or a change of
23        the respondent's program, the parents, guardian, or
24        legal custodian of the respondent is responsible for
25        transportation and other costs associated with the
26        transfer or change.

 

 

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1            (C) The court may order the parents, guardian, or
2        legal custodian of a minor respondent to take certain
3        actions or to refrain from taking certain actions to
4        ensure that the respondent complies with the order. In
5        the event the court orders a transfer of the
6        respondent to another school, the parents, guardian,
7        or legal custodian of the respondent is responsible
8        for transportation and other costs associated with the
9        change of school by the respondent.
10        (4) Counseling. Require or recommend the respondent to
11    undergo counseling for a specified duration with a social
12    worker, psychologist, clinical psychologist,
13    psychiatrist, family service agency, alcohol or substance
14    abuse program, mental health center guidance counselor,
15    agency providing services to elders, program designed for
16    domestic violence abusers or any other guidance service
17    the court deems appropriate. The Court may order the
18    respondent in any intimate partner relationship to report
19    to an Illinois Department of Human Services protocol
20    approved partner abuse intervention program for an
21    assessment and to follow all recommended treatment.
22        (5) Physical care and possession of the minor child.
23    In order to protect the minor child from abuse, neglect,
24    or unwarranted separation from the person who has been the
25    minor child's primary caretaker, or to otherwise protect
26    the well-being of the minor child, the court may do either

 

 

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1    or both of the following: (i) grant petitioner physical
2    care or possession of the minor child, or both, or (ii)
3    order respondent to return a minor child to, or not remove
4    a minor child from, the physical care of a parent or person
5    in loco parentis.
6        If a court finds, after a hearing, that respondent has
7    committed abuse (as defined in Section 103) of a minor
8    child, there shall be a rebuttable presumption that
9    awarding physical care to respondent would not be in the
10    minor child's best interest.
11        (6) Temporary allocation of parental responsibilities:
12    significant decision-making. Award temporary
13    decision-making responsibility to petitioner in accordance
14    with this Section, the Illinois Marriage and Dissolution
15    of Marriage Act, the Illinois Parentage Act of 2015, and
16    this State's Uniform Child-Custody Jurisdiction and
17    Enforcement Act.
18        If a court finds, after a hearing, that respondent has
19    committed abuse (as defined in Section 103) of a minor
20    child, there shall be a rebuttable presumption that
21    awarding temporary significant decision-making
22    responsibility to respondent would not be in the child's
23    best interest.
24        (7) Parenting time. Determine the parenting time, if
25    any, of respondent in any case in which the court awards
26    physical care or allocates temporary significant

 

 

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1    decision-making responsibility of a minor child to
2    petitioner. The court shall restrict or deny respondent's
3    parenting time with a minor child if the court finds that
4    respondent has done or is likely to do any of the
5    following: (i) abuse or endanger the minor child during
6    parenting time; (ii) use the parenting time as an
7    opportunity to abuse or harass petitioner or petitioner's
8    family or household members; (iii) improperly conceal or
9    detain the minor child; or (iv) otherwise act in a manner
10    that is not in the best interests of the minor child. The
11    court shall not be limited by the standards set forth in
12    Section 603.10 of the Illinois Marriage and Dissolution of
13    Marriage Act. If the court grants parenting time, the
14    order shall specify dates and times for the parenting time
15    to take place or other specific parameters or conditions
16    that are appropriate. No order for parenting time shall
17    refer merely to the term "reasonable parenting time".
18        Petitioner may deny respondent access to the minor
19    child if, when respondent arrives for parenting time,
20    respondent is under the influence of drugs or alcohol and
21    constitutes a threat to the safety and well-being of
22    petitioner or petitioner's minor children or is behaving
23    in a violent or abusive manner.
24        If necessary to protect any member of petitioner's
25    family or household from future abuse, respondent shall be
26    prohibited from coming to petitioner's residence to meet

 

 

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1    the minor child for parenting time, and the parties shall
2    submit to the court their recommendations for reasonable
3    alternative arrangements for parenting time. A person may
4    be approved to supervise parenting time only after filing
5    an affidavit accepting that responsibility and
6    acknowledging accountability to the court.
7        (8) Removal or concealment of minor child. Prohibit
8    respondent from removing a minor child from the State or
9    concealing the child within the State.
10        (9) Order to appear. Order the respondent to appear in
11    court, alone or with a minor child, to prevent abuse,
12    neglect, removal or concealment of the child, to return
13    the child to the custody or care of the petitioner or to
14    permit any court-ordered interview or examination of the
15    child or the respondent.
16        (10) Possession of personal property. Grant petitioner
17    exclusive possession of personal property and, if
18    respondent has possession or control, direct respondent to
19    promptly make it available to petitioner, if:
20            (i) petitioner, but not respondent, owns the
21        property; or
22            (ii) the parties own the property jointly; sharing
23        it would risk abuse of petitioner by respondent or is
24        impracticable; and the balance of hardships favors
25        temporary possession by petitioner.
26        If petitioner's sole claim to ownership of the

 

 

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1    property is that it is marital property, the court may
2    award petitioner temporary possession thereof under the
3    standards of subparagraph (ii) of this paragraph only if a
4    proper proceeding has been filed under the Illinois
5    Marriage and Dissolution of Marriage Act, as now or
6    hereafter amended.
7        No order under this provision shall affect title to
8    property.
9        (11) Protection of property. Forbid the respondent
10    from taking, transferring, encumbering, concealing,
11    damaging or otherwise disposing of any real or personal
12    property, except as explicitly authorized by the court,
13    if:
14            (i) petitioner, but not respondent, owns the
15        property; or
16            (ii) the parties own the property jointly, and the
17        balance of hardships favors granting this remedy.
18        If petitioner's sole claim to ownership of the
19    property is that it is marital property, the court may
20    grant petitioner relief under subparagraph (ii) of this
21    paragraph only if a proper proceeding has been filed under
22    the Illinois Marriage and Dissolution of Marriage Act, as
23    now or hereafter amended.
24        The court may further prohibit respondent from
25    improperly using the financial or other resources of an
26    aged member of the family or household for the profit or

 

 

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1    advantage of respondent or of any other person.
2        (11.5) Protection of animals. Grant the petitioner the
3    exclusive care, custody, or control of any animal owned,
4    possessed, leased, kept, or held by either the petitioner
5    or the respondent or a minor child residing in the
6    residence or household of either the petitioner or the
7    respondent and order the respondent to stay away from the
8    animal and forbid the respondent from taking,
9    transferring, encumbering, concealing, harming, or
10    otherwise disposing of the animal.
11        (12) Order for payment of support. Order respondent to
12    pay temporary support for the petitioner or any child in
13    the petitioner's care or over whom the petitioner has been
14    allocated parental responsibility, when the respondent has
15    a legal obligation to support that person, in accordance
16    with the Illinois Marriage and Dissolution of Marriage
17    Act, which shall govern, among other matters, the amount
18    of support, payment through the clerk and withholding of
19    income to secure payment. An order for child support may
20    be granted to a petitioner with lawful physical care of a
21    child, or an order or agreement for physical care of a
22    child, prior to entry of an order allocating significant
23    decision-making responsibility. Such a support order shall
24    expire upon entry of a valid order allocating parental
25    responsibility differently and vacating the petitioner's
26    significant decision-making authority, unless otherwise

 

 

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1    provided in the order.
2        (13) Order for payment of losses. Order respondent to
3    pay petitioner for losses suffered as a direct result of
4    the abuse, neglect, or exploitation. Such losses shall
5    include, but not be limited to, medical expenses, lost
6    earnings or other support, repair or replacement of
7    property damaged or taken, reasonable attorney's fees,
8    court costs and moving or other travel expenses, including
9    additional reasonable expenses for temporary shelter and
10    restaurant meals.
11            (i) Losses affecting family needs. If a party is
12        entitled to seek maintenance, child support or
13        property distribution from the other party under the
14        Illinois Marriage and Dissolution of Marriage Act, as
15        now or hereafter amended, the court may order
16        respondent to reimburse petitioner's actual losses, to
17        the extent that such reimbursement would be
18        "appropriate temporary relief", as authorized by
19        subsection (a)(3) of Section 501 of that Act.
20            (ii) Recovery of expenses. In the case of an
21        improper concealment or removal of a minor child, the
22        court may order respondent to pay the reasonable
23        expenses incurred or to be incurred in the search for
24        and recovery of the minor child, including but not
25        limited to legal fees, court costs, private
26        investigator fees, and travel costs.

 

 

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1        (14) Prohibition of entry. Prohibit the respondent
2    from entering or remaining in the residence or household
3    while the respondent is under the influence of alcohol or
4    drugs and constitutes a threat to the safety and
5    well-being of the petitioner or the petitioner's children.
6        (14.5) Prohibition of firearm possession.
7            (a) Prohibit a respondent against whom an order of
8        protection was issued from possessing any firearms
9        during the duration of the order if the order:
10                (1) was issued after a hearing of which such
11            person received actual notice, and at which such
12            person had an opportunity to participate;
13                (2) restrains such person from harassing,
14            stalking, or threatening an intimate partner of
15            such person or child of such intimate partner or
16            person, or engaging in other conduct that would
17            place an intimate partner in reasonable fear of
18            bodily injury to the partner or child; and
19                (3)(i) includes a finding that such person
20            represents a credible threat to the physical
21            safety of such intimate partner or child; or (ii)
22            by its terms explicitly prohibits the use,
23            attempted use, or threatened use of physical force
24            against such intimate partner or child that would
25            reasonably be expected to cause bodily injury.
26        Any Firearm Owner's Identification Card in the

 

 

SB2037- 2390 -LRB102 17120 WGH 22551 b

1        possession of the respondent, except as provided in
2        subsection (b), shall be ordered by the court to be
3        turned over to the local law enforcement agency. The
4        local law enforcement agency shall immediately mail
5        the card to the Illinois Department of State Police
6        Firearm Owner's Identification Card Office for
7        safekeeping. The court shall issue a warrant for
8        seizure of any firearm in the possession of the
9        respondent, to be kept by the local law enforcement
10        agency for safekeeping, except as provided in
11        subsection (b). The period of safekeeping shall be for
12        the duration of the order of protection. The firearm
13        or firearms and Firearm Owner's Identification Card,
14        if unexpired, shall at the respondent's request, be
15        returned to the respondent at the end of the order of
16        protection. It is the respondent's responsibility to
17        notify the Illinois Department of State Police Firearm
18        Owner's Identification Card Office.
19            (b) If the respondent is a peace officer as
20        defined in Section 2-13 of the Criminal Code of 2012,
21        the court shall order that any firearms used by the
22        respondent in the performance of his or her duties as a
23        peace officer be surrendered to the chief law
24        enforcement executive of the agency in which the
25        respondent is employed, who shall retain the firearms
26        for safekeeping for the duration of the order of

 

 

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1        protection.
2            (c) Upon expiration of the period of safekeeping,
3        if the firearms or Firearm Owner's Identification Card
4        cannot be returned to respondent because respondent
5        cannot be located, fails to respond to requests to
6        retrieve the firearms, or is not lawfully eligible to
7        possess a firearm, upon petition from the local law
8        enforcement agency, the court may order the local law
9        enforcement agency to destroy the firearms, use the
10        firearms for training purposes, or for any other
11        application as deemed appropriate by the local law
12        enforcement agency; or that the firearms be turned
13        over to a third party who is lawfully eligible to
14        possess firearms, and who does not reside with
15        respondent.
16        (15) Prohibition of access to records. If an order of
17    protection prohibits respondent from having contact with
18    the minor child, or if petitioner's address is omitted
19    under subsection (b) of Section 203, or if necessary to
20    prevent abuse or wrongful removal or concealment of a
21    minor child, the order shall deny respondent access to,
22    and prohibit respondent from inspecting, obtaining, or
23    attempting to inspect or obtain, school or any other
24    records of the minor child who is in the care of
25    petitioner.
26        (16) Order for payment of shelter services. Order

 

 

SB2037- 2392 -LRB102 17120 WGH 22551 b

1    respondent to reimburse a shelter providing temporary
2    housing and counseling services to the petitioner for the
3    cost of the services, as certified by the shelter and
4    deemed reasonable by the court.
5        (17) Order for injunctive relief. Enter injunctive
6    relief necessary or appropriate to prevent further abuse
7    of a family or household member or further abuse, neglect,
8    or exploitation of a high-risk adult with disabilities or
9    to effectuate one of the granted remedies, if supported by
10    the balance of hardships. If the harm to be prevented by
11    the injunction is abuse or any other harm that one of the
12    remedies listed in paragraphs (1) through (16) of this
13    subsection is designed to prevent, no further evidence is
14    necessary that the harm is an irreparable injury.
15        (18) Telephone services.
16            (A) Unless a condition described in subparagraph
17        (B) of this paragraph exists, the court may, upon
18        request by the petitioner, order a wireless telephone
19        service provider to transfer to the petitioner the
20        right to continue to use a telephone number or numbers
21        indicated by the petitioner and the financial
22        responsibility associated with the number or numbers,
23        as set forth in subparagraph (C) of this paragraph.
24        For purposes of this paragraph (18), the term
25        "wireless telephone service provider" means a provider
26        of commercial mobile service as defined in 47 U.S.C.

 

 

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1        332. The petitioner may request the transfer of each
2        telephone number that the petitioner, or a minor child
3        in his or her custody, uses. The clerk of the court
4        shall serve the order on the wireless telephone
5        service provider's agent for service of process
6        provided to the Illinois Commerce Commission. The
7        order shall contain all of the following:
8                (i) The name and billing telephone number of
9            the account holder including the name of the
10            wireless telephone service provider that serves
11            the account.
12                (ii) Each telephone number that will be
13            transferred.
14                (iii) A statement that the provider transfers
15            to the petitioner all financial responsibility for
16            and right to the use of any telephone number
17            transferred under this paragraph.
18            (B) A wireless telephone service provider shall
19        terminate the respondent's use of, and shall transfer
20        to the petitioner use of, the telephone number or
21        numbers indicated in subparagraph (A) of this
22        paragraph unless it notifies the petitioner, within 72
23        hours after it receives the order, that one of the
24        following applies:
25                (i) The account holder named in the order has
26            terminated the account.

 

 

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1                (ii) A difference in network technology would
2            prevent or impair the functionality of a device on
3            a network if the transfer occurs.
4                (iii) The transfer would cause a geographic or
5            other limitation on network or service provision
6            to the petitioner.
7                (iv) Another technological or operational
8            issue would prevent or impair the use of the
9            telephone number if the transfer occurs.
10            (C) The petitioner assumes all financial
11        responsibility for and right to the use of any
12        telephone number transferred under this paragraph. In
13        this paragraph, "financial responsibility" includes
14        monthly service costs and costs associated with any
15        mobile device associated with the number.
16            (D) A wireless telephone service provider may
17        apply to the petitioner its routine and customary
18        requirements for establishing an account or
19        transferring a number, including requiring the
20        petitioner to provide proof of identification,
21        financial information, and customer preferences.
22            (E) Except for willful or wanton misconduct, a
23        wireless telephone service provider is immune from
24        civil liability for its actions taken in compliance
25        with a court order issued under this paragraph.
26            (F) All wireless service providers that provide

 

 

SB2037- 2395 -LRB102 17120 WGH 22551 b

1        services to residential customers shall provide to the
2        Illinois Commerce Commission the name and address of
3        an agent for service of orders entered under this
4        paragraph (18). Any change in status of the registered
5        agent must be reported to the Illinois Commerce
6        Commission within 30 days of such change.
7            (G) The Illinois Commerce Commission shall
8        maintain the list of registered agents for service for
9        each wireless telephone service provider on the
10        Commission's website. The Commission may consult with
11        wireless telephone service providers and the Circuit
12        Court Clerks on the manner in which this information
13        is provided and displayed.
14    (c) Relevant factors; findings.
15        (1) In determining whether to grant a specific remedy,
16    other than payment of support, the court shall consider
17    relevant factors, including but not limited to the
18    following:
19            (i) the nature, frequency, severity, pattern and
20        consequences of the respondent's past abuse, neglect
21        or exploitation of the petitioner or any family or
22        household member, including the concealment of his or
23        her location in order to evade service of process or
24        notice, and the likelihood of danger of future abuse,
25        neglect, or exploitation to petitioner or any member
26        of petitioner's or respondent's family or household;

 

 

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1        and
2            (ii) the danger that any minor child will be
3        abused or neglected or improperly relocated from the
4        jurisdiction, improperly concealed within the State or
5        improperly separated from the child's primary
6        caretaker.
7        (2) In comparing relative hardships resulting to the
8    parties from loss of possession of the family home, the
9    court shall consider relevant factors, including but not
10    limited to the following:
11            (i) availability, accessibility, cost, safety,
12        adequacy, location and other characteristics of
13        alternate housing for each party and any minor child
14        or dependent adult in the party's care;
15            (ii) the effect on the party's employment; and
16            (iii) the effect on the relationship of the party,
17        and any minor child or dependent adult in the party's
18        care, to family, school, church and community.
19        (3) Subject to the exceptions set forth in paragraph
20    (4) of this subsection, the court shall make its findings
21    in an official record or in writing, and shall at a minimum
22    set forth the following:
23            (i) That the court has considered the applicable
24        relevant factors described in paragraphs (1) and (2)
25        of this subsection.
26            (ii) Whether the conduct or actions of respondent,

 

 

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1        unless prohibited, will likely cause irreparable harm
2        or continued abuse.
3            (iii) Whether it is necessary to grant the
4        requested relief in order to protect petitioner or
5        other alleged abused persons.
6        (4) For purposes of issuing an ex parte emergency
7    order of protection, the court, as an alternative to or as
8    a supplement to making the findings described in
9    paragraphs (c)(3)(i) through (c)(3)(iii) of this
10    subsection, may use the following procedure:
11        When a verified petition for an emergency order of
12    protection in accordance with the requirements of Sections
13    203 and 217 is presented to the court, the court shall
14    examine petitioner on oath or affirmation. An emergency
15    order of protection shall be issued by the court if it
16    appears from the contents of the petition and the
17    examination of petitioner that the averments are
18    sufficient to indicate abuse by respondent and to support
19    the granting of relief under the issuance of the emergency
20    order of protection.
21        (5) Never married parties. No rights or
22    responsibilities for a minor child born outside of
23    marriage attach to a putative father until a father and
24    child relationship has been established under the Illinois
25    Parentage Act of 1984, the Illinois Parentage Act of 2015,
26    the Illinois Public Aid Code, Section 12 of the Vital

 

 

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1    Records Act, the Juvenile Court Act of 1987, the Probate
2    Act of 1975, the Revised Uniform Reciprocal Enforcement of
3    Support Act, the Uniform Interstate Family Support Act,
4    the Expedited Child Support Act of 1990, any judicial,
5    administrative, or other act of another state or
6    territory, any other Illinois statute, or by any foreign
7    nation establishing the father and child relationship, any
8    other proceeding substantially in conformity with the
9    Personal Responsibility and Work Opportunity
10    Reconciliation Act of 1996 (Pub. L. 104-193), or where
11    both parties appeared in open court or at an
12    administrative hearing acknowledging under oath or
13    admitting by affirmation the existence of a father and
14    child relationship. Absent such an adjudication, finding,
15    or acknowledgment, no putative father shall be granted
16    temporary allocation of parental responsibilities,
17    including parenting time with the minor child, or physical
18    care and possession of the minor child, nor shall an order
19    of payment for support of the minor child be entered.
20    (d) Balance of hardships; findings. If the court finds
21that the balance of hardships does not support the granting of
22a remedy governed by paragraph (2), (3), (10), (11), or (16) of
23subsection (b) of this Section, which may require such
24balancing, the court's findings shall so indicate and shall
25include a finding as to whether granting the remedy will
26result in hardship to respondent that would substantially

 

 

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1outweigh the hardship to petitioner from denial of the remedy.
2The findings shall be an official record or in writing.
3    (e) Denial of remedies. Denial of any remedy shall not be
4based, in whole or in part, on evidence that:
5        (1) Respondent has cause for any use of force, unless
6    that cause satisfies the standards for justifiable use of
7    force provided by Article 7 of the Criminal Code of 2012;
8        (2) Respondent was voluntarily intoxicated;
9        (3) Petitioner acted in self-defense or defense of
10    another, provided that, if petitioner utilized force, such
11    force was justifiable under Article 7 of the Criminal Code
12    of 2012;
13        (4) Petitioner did not act in self-defense or defense
14    of another;
15        (5) Petitioner left the residence or household to
16    avoid further abuse, neglect, or exploitation by
17    respondent;
18        (6) Petitioner did not leave the residence or
19    household to avoid further abuse, neglect, or exploitation
20    by respondent;
21        (7) Conduct by any family or household member excused
22    the abuse, neglect, or exploitation by respondent, unless
23    that same conduct would have excused such abuse, neglect,
24    or exploitation if the parties had not been family or
25    household members.
26(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642,

 

 

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1eff. 7-28-16; 100-388, eff. 1-1-18; 100-863, eff. 8-14-18;
2100-923, eff. 1-1-19.)
 
3    (750 ILCS 60/217)  (from Ch. 40, par. 2312-17)
4    Sec. 217. Emergency order of protection.
5    (a) Prerequisites. An emergency order of protection shall
6issue if petitioner satisfies the requirements of this
7subsection for one or more of the requested remedies. For each
8remedy requested, petitioner shall establish that:
9        (1) The court has jurisdiction under Section 208;
10        (2) The requirements of Section 214 are satisfied; and
11        (3) There is good cause to grant the remedy,
12    regardless of prior service of process or of notice upon
13    the respondent, because:
14            (i) For the remedies of "prohibition of abuse"
15        described in Section 214(b)(1), "stay away order and
16        additional prohibitions" described in Section
17        214(b)(3), "removal or concealment of minor child"
18        described in Section 214(b)(8), "order to appear"
19        described in Section 214(b)(9), "physical care and
20        possession of the minor child" described in Section
21        214(b)(5), "protection of property" described in
22        Section 214(b)(11), "prohibition of entry" described
23        in Section 214(b)(14), "prohibition of firearm
24        possession" described in Section 214(b)(14.5),
25        "prohibition of access to records" described in

 

 

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1        Section 214(b)(15), and "injunctive relief" described
2        in Section 214(b)(16), the harm which that remedy is
3        intended to prevent would be likely to occur if the
4        respondent were given any prior notice, or greater
5        notice than was actually given, of the petitioner's
6        efforts to obtain judicial relief;
7            (ii) For the remedy of "grant of exclusive
8        possession of residence" described in Section
9        214(b)(2), the immediate danger of further abuse of
10        petitioner by respondent, if petitioner chooses or had
11        chosen to remain in the residence or household while
12        respondent was given any prior notice or greater
13        notice than was actually given of petitioner's efforts
14        to obtain judicial relief, outweighs the hardships to
15        respondent of an emergency order granting petitioner
16        exclusive possession of the residence or household.
17        This remedy shall not be denied because petitioner has
18        or could obtain temporary shelter elsewhere while
19        prior notice is given to respondent, unless the
20        hardships to respondent from exclusion from the home
21        substantially outweigh those to petitioner;
22            (iii) For the remedy of "possession of personal
23        property" described in Section 214(b)(10), improper
24        disposition of the personal property would be likely
25        to occur if respondent were given any prior notice, or
26        greater notice than was actually given, of

 

 

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1        petitioner's efforts to obtain judicial relief, or
2        petitioner has an immediate and pressing need for
3        possession of that property.
4    An emergency order may not include the counseling, legal
5custody, payment of support or monetary compensation remedies.
6    (a-5) When a petition for an emergency order of protection
7is granted, the order shall not be publicly available until
8the order is served on the respondent.
9    (b) Appearance by respondent. If respondent appears in
10court for this hearing for an emergency order, he or she may
11elect to file a general appearance and testify. Any resulting
12order may be an emergency order, governed by this Section.
13Notwithstanding the requirements of this Section, if all
14requirements of Section 218 have been met, the court may issue
15a 30-day interim order.
16    (c) Emergency orders: court holidays and evenings.
17        (1) Prerequisites. When the court is unavailable at
18    the close of business, the petitioner may file a petition
19    for a 21-day emergency order before any available circuit
20    judge or associate judge who may grant relief under this
21    Act. If the judge finds that there is an immediate and
22    present danger of abuse to petitioner and that petitioner
23    has satisfied the prerequisites set forth in subsection
24    (a) of Section 217, that judge may issue an emergency
25    order of protection.
26        (1.5) Issuance of order. The chief judge of the

 

 

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1    circuit court may designate for each county in the circuit
2    at least one judge to be reasonably available to issue
3    orally, by telephone, by facsimile, or otherwise, an
4    emergency order of protection at all times, whether or not
5    the court is in session.
6        (2) Certification and transfer. The judge who issued
7    the order under this Section shall promptly communicate or
8    convey the order to the sheriff to facilitate the entry of
9    the order into the Law Enforcement Agencies Data System by
10    the Illinois Department of State Police pursuant to
11    Section 302. Any order issued under this Section and any
12    documentation in support thereof shall be certified on the
13    next court day to the appropriate court. The clerk of that
14    court shall immediately assign a case number, file the
15    petition, order and other documents with the court, and
16    enter the order of record and file it with the sheriff for
17    service, in accordance with Section 222. Filing the
18    petition shall commence proceedings for further relief
19    under Section 202. Failure to comply with the requirements
20    of this subsection shall not affect the validity of the
21    order.
22(Source: P.A. 101-255, eff. 1-1-20.)
 
23    (750 ILCS 60/220)  (from Ch. 40, par. 2312-20)
24    Sec. 220. Duration and extension of orders.
25    (a) Duration of emergency and interim orders. Unless

 

 

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1re-opened or extended or voided by entry of an order of greater
2duration:
3        (1) Emergency orders issued under Section 217 shall be
4    effective for not less than 14 nor more than 21 days;
5        (2) Interim orders shall be effective for up to 30
6    days.
7    (b) Duration of plenary orders.
8        (0.05) A plenary order of protection entered under
9    this Act shall be valid for a fixed period of time, not to
10    exceed two years.
11        (1) A plenary order of protection entered in
12    conjunction with another civil proceeding shall remain in
13    effect as follows:
14            (i) if entered as preliminary relief in that other
15        proceeding, until entry of final judgment in that
16        other proceeding;
17            (ii) if incorporated into the final judgment in
18        that other proceeding, until the order of protection
19        is vacated or modified; or
20            (iii) if incorporated in an order for involuntary
21        commitment, until termination of both the involuntary
22        commitment and any voluntary commitment, or for a
23        fixed period of time not exceeding 2 years.
24        (2) Duration of an order of protection entered in
25    conjunction with a criminal prosecution or delinquency
26    petition shall remain in effect as provided in Section

 

 

SB2037- 2405 -LRB102 17120 WGH 22551 b

1    112A-20 of the Code of Criminal Procedure of 1963.
2    (c) Computation of time. The duration of an order of
3protection shall not be reduced by the duration of any prior
4order of protection.
5    (d) Law enforcement records. When a plenary order of
6protection expires upon the occurrence of a specified event,
7rather than upon a specified date as provided in subsection
8(b), no expiration date shall be entered in Illinois
9Department of State Police records. To remove the plenary
10order from those records, either party shall request the clerk
11of the court to file a certified copy of an order stating that
12the specified event has occurred or that the plenary order has
13been vacated or modified with the Sheriff, and the Sheriff
14shall direct that law enforcement records shall be promptly
15corrected in accordance with the filed order.
16    (e) Extension of orders. Any emergency, interim or plenary
17order may be extended one or more times, as required, provided
18that the requirements of Section 217, 218 or 219, as
19appropriate, are satisfied. If the motion for extension is
20uncontested and petitioner seeks no modification of the order,
21the order may be extended on the basis of petitioner's motion
22or affidavit stating that there has been no material change in
23relevant circumstances since entry of the order and stating
24the reason for the requested extension. An extension of a
25plenary order of protection may be granted, upon good cause
26shown, to remain in effect until the order of protection is

 

 

SB2037- 2406 -LRB102 17120 WGH 22551 b

1vacated or modified. Extensions may be granted only in open
2court and not under the provisions of subsection (c) of
3Section 217, which applies only when the court is unavailable
4at the close of business or on a court holiday.
5    (f) Termination date. Any order of protection which would
6expire on a court holiday shall instead expire at the close of
7the next court business day.
8    (g) Statement of purpose. The practice of dismissing or
9suspending a criminal prosecution in exchange for the issuance
10of an order of protection undermines the purposes of this Act.
11This Section shall not be construed as encouraging that
12practice.
13(Source: P.A. 100-199, eff. 1-1-18.)
 
14    (750 ILCS 60/222)  (from Ch. 40, par. 2312-22)
15    Sec. 222. Notice of orders.
16    (a) Entry and issuance. Upon issuance of any order of
17protection, the clerk shall immediately (i) enter the order on
18the record and file it in accordance with the circuit court
19procedures and (ii) provide a file stamped copy of the order to
20respondent, if present, and to petitioner.
21    (b) Filing with sheriff. The clerk of the issuing judge
22shall, or the petitioner may, on the same day that an order of
23protection is issued, file a certified copy of that order with
24the sheriff or other law enforcement officials charged with
25maintaining Illinois Department of State Police records or

 

 

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1charged with serving the order upon respondent. If the
2respondent, at the time of the issuance of the order, is
3committed to the custody of the Illinois Department of
4Corrections or Illinois Department of Juvenile Justice or is
5on parole, aftercare release, or mandatory supervised release,
6the sheriff or other law enforcement officials charged with
7maintaining Illinois Department of State Police records shall
8notify the Department of Corrections or Department of Juvenile
9Justice within 48 hours of receipt of a copy of the order of
10protection from the clerk of the issuing judge or the
11petitioner. Such notice shall include the name of the
12respondent, the respondent's IDOC inmate number or IDJJ youth
13identification number, the respondent's date of birth, and the
14LEADS Record Index Number.
15    (c) Service by sheriff. Unless respondent was present in
16court when the order was issued, the sheriff, other law
17enforcement official or special process server shall promptly
18serve that order upon respondent and file proof of such
19service, in the manner provided for service of process in
20civil proceedings. Instead of serving the order upon the
21respondent, however, the sheriff, other law enforcement
22official, special process server, or other persons defined in
23Section 222.10 may serve the respondent with a short form
24notification as provided in Section 222.10. If process has not
25yet been served upon the respondent, it shall be served with
26the order or short form notification if such service is made by

 

 

SB2037- 2408 -LRB102 17120 WGH 22551 b

1the sheriff, other law enforcement official, or special
2process server. A single fee may be charged for service of an
3order obtained in civil court, or for service of such an order
4together with process, unless waived or deferred under Section
5210.
6    (c-5) If the person against whom the order of protection
7is issued is arrested and the written order is issued in
8accordance with subsection (c) of Section 217 and received by
9the custodial law enforcement agency before the respondent or
10arrestee is released from custody, the custodial law
11enforcement agent shall promptly serve the order upon the
12respondent or arrestee before the respondent or arrestee is
13released from custody. In no event shall detention of the
14respondent or arrestee be extended for hearing on the petition
15for order of protection or receipt of the order issued under
16Section 217 of this Act.
17    (d) Extensions, modifications and revocations. Any order
18extending, modifying or revoking any order of protection shall
19be promptly recorded, issued and served as provided in this
20Section.
21    (e) Notice to schools. Upon the request of the petitioner,
22within 24 hours of the issuance of an order of protection, the
23clerk of the issuing judge shall send a certified copy of the
24order of protection to the day-care facility, pre-school or
25pre-kindergarten, or private school or the principal office of
26the public school district or any college or university in

 

 

SB2037- 2409 -LRB102 17120 WGH 22551 b

1which any child who is a protected person under the order of
2protection or any child of the petitioner is enrolled as
3requested by the petitioner at the mailing address provided by
4the petitioner. If the child transfers enrollment to another
5day-care facility, pre-school, pre-kindergarten, private
6school, public school, college, or university, the petitioner
7may, within 24 hours of the transfer, send to the clerk written
8notice of the transfer, including the name and address of the
9institution to which the child is transferring. Within 24
10hours of receipt of notice from the petitioner that a child is
11transferring to another day-care facility, pre-school,
12pre-kindergarten, private school, public school, college, or
13university, the clerk shall send a certified copy of the order
14to the institution to which the child is transferring.
15    (f) Disclosure by schools. After receiving a certified
16copy of an order of protection that prohibits a respondent's
17access to records, neither a day-care facility, pre-school,
18pre-kindergarten, public or private school, college, or
19university nor its employees shall allow a respondent access
20to a protected child's records or release information in those
21records to the respondent. The school shall file the copy of
22the order of protection in the records of a child who is a
23protected person under the order of protection. When a child
24who is a protected person under the order of protection
25transfers to another day-care facility, pre-school,
26pre-kindergarten, public or private school, college, or

 

 

SB2037- 2410 -LRB102 17120 WGH 22551 b

1university, the institution from which the child is
2transferring may, at the request of the petitioner, provide,
3within 24 hours of the transfer, written notice of the order of
4protection, along with a certified copy of the order, to the
5institution to which the child is transferring.
6    (g) Notice to health care facilities and health care
7practitioners. Upon the request of the petitioner, the clerk
8of the circuit court shall send a certified copy of the order
9of protection to any specified health care facility or health
10care practitioner requested by the petitioner at the mailing
11address provided by the petitioner.
12    (h) Disclosure by health care facilities and health care
13practitioners. After receiving a certified copy of an order of
14protection that prohibits a respondent's access to records, no
15health care facility or health care practitioner shall allow a
16respondent access to the records of any child who is a
17protected person under the order of protection, or release
18information in those records to the respondent, unless the
19order has expired or the respondent shows a certified copy of
20the court order vacating the corresponding order of protection
21that was sent to the health care facility or practitioner.
22Nothing in this Section shall be construed to require health
23care facilities or health care practitioners to alter
24procedures related to billing and payment. The health care
25facility or health care practitioner may file the copy of the
26order of protection in the records of a child who is a

 

 

SB2037- 2411 -LRB102 17120 WGH 22551 b

1protected person under the order of protection, or may employ
2any other method to identify the records to which a respondent
3is prohibited access. No health care facility or health care
4practitioner shall be civilly or professionally liable for
5reliance on a copy of an order of protection, except for
6willful and wanton misconduct.
7(Source: P.A. 101-508, eff. 1-1-20.)
 
8    (750 ILCS 60/222.5)
9    Sec. 222.5. Filing of an order of protection issued in
10another state.
11    (a) A person entitled to protection under an order of
12protection issued by the court of another state, tribe, or
13United States territory may file a certified copy of the order
14of protection with the clerk of the court in a judicial circuit
15in which the person believes that enforcement may be
16necessary.
17    (b) The clerk shall:
18        (1) treat the foreign order of protection in the same
19    manner as a judgment of the circuit court for any county of
20    this State in accordance with the provisions of the
21    Uniform Enforcement of Foreign Judgments Act, except that
22    the clerk shall not mail notice of the filing of the
23    foreign order to the respondent named in the order; and
24        (2) on the same day that a foreign order of protection
25    is filed, file a certified copy of that order with the

 

 

SB2037- 2412 -LRB102 17120 WGH 22551 b

1    sheriff or other law enforcement officials charged with
2    maintaining Illinois Department of State Police records as
3    set forth in Section 222 of this Act.
4    (c) Neither residence in this State nor filing of a
5foreign order of protection shall be required for enforcement
6of the order by this State. Failure to file the foreign order
7shall not be an impediment to its treatment in all respects as
8an Illinois order of protection.
9    (d) The clerk shall not charge a fee to file a foreign
10order of protection under this Section.
11    (e) The sheriff shall inform the Illinois Department of
12State Police as set forth in Section 302 of this Act.
13(Source: P.A. 91-903, eff. 1-1-01.)
 
14    (750 ILCS 60/302)  (from Ch. 40, par. 2313-2)
15    Sec. 302. Data maintenance by law enforcement agencies.
16    (a) All sheriffs shall furnish to the Illinois Department
17of State Police, on the same day as received, in the form and
18detail the Department requires, copies of any recorded
19emergency, interim, or plenary orders of protection issued by
20the court, and any foreign orders of protection filed by the
21clerk of the court, and transmitted to the sheriff by the clerk
22of the court pursuant to subsection (b) of Section 222 of this
23Act. Each order of protection shall be entered in the Law
24Enforcement Agencies Data System on the same day it is issued
25by the court. If an emergency order of protection was issued in

 

 

SB2037- 2413 -LRB102 17120 WGH 22551 b

1accordance with subsection (c) of Section 217, the order shall
2be entered in the Law Enforcement Agencies Data System as soon
3as possible after receipt from the clerk.
4    (b) The Illinois Department of State Police shall maintain
5a complete and systematic record and index of all valid and
6recorded orders of protection issued pursuant to this Act. The
7data shall be used to inform all dispatchers and law
8enforcement officers at the scene of an alleged incident of
9abuse, neglect, or exploitation or violation of an order of
10protection of any recorded prior incident of abuse, neglect,
11or exploitation involving the abused, neglected, or exploited
12party and the effective dates and terms of any recorded order
13of protection.
14    (c) The data, records and transmittals required under this
15Section shall pertain to any valid emergency, interim or
16plenary order of protection, whether issued in a civil or
17criminal proceeding or authorized under the laws of another
18state, tribe, or United States territory.
19(Source: P.A. 95-331, eff. 8-21-07.)
 
20    Section 1140. The Probate Act of 1975 is amended by
21changing Sections 2-6.6 and 11a-24 as follows:
 
22    (755 ILCS 5/2-6.6)
23    Sec. 2-6.6. Person convicted of or found civilly liable
24for certain offenses against the elderly or a person with a

 

 

SB2037- 2414 -LRB102 17120 WGH 22551 b

1disability.
2    (a) A person who is convicted of a violation of Section
312-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of
4Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
5Code of 2012 or a person who has been found by a preponderance
6of the evidence to be civilly liable for financial
7exploitation, as defined in subsection (a) of Section 2-6.2 of
8this Act, may not receive any property, benefit, or other
9interest by reason of the death of the victim of that offense,
10whether as heir, legatee, beneficiary, joint tenant, tenant by
11the entirety, survivor, appointee, or in any other capacity
12and whether the property, benefit, or other interest passes
13pursuant to any form of title registration, testamentary or
14nontestamentary instrument, intestacy, renunciation, or any
15other circumstance. Except as provided in subsection (f) of
16this Section, the property, benefit, or other interest shall
17pass as if the person convicted of a violation of Section
1812-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of
19Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
20Code of 2012 or the person found by a preponderance of the
21evidence to be civilly liable for financial exploitation, as
22defined in subsection (a) of Section 2-6.2 of this Act, died
23before the decedent; provided that with respect to joint
24tenancy property or property held in tenancy by the entirety,
25the interest possessed prior to the death by the person
26convicted or found civilly liable may not be diminished by the

 

 

SB2037- 2415 -LRB102 17120 WGH 22551 b

1application of this Section. Notwithstanding the foregoing, a
2person convicted of a violation of Section 12-19, 12-21,
316-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a,
4of the Criminal Code of 1961 or the Criminal Code of 2012 or a
5person who has been found by a preponderance of the evidence to
6be civilly liable for financial exploitation, as defined in
7subsection (a) of Section 2-6.2 of this Act, shall be entitled
8to receive property, a benefit, or an interest in any capacity
9and under any circumstances described in this Section if it is
10demonstrated by clear and convincing evidence that the victim
11of that offense knew of the conviction or finding of civil
12liability and subsequent to the conviction or finding of civil
13liability expressed or ratified his or her intent to transfer
14the property, benefit, or interest to the person convicted of
15a violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
16subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
17of 1961 or the Criminal Code of 2012 or the person found by a
18preponderance of the evidence to be civilly liable for
19financial exploitation, as defined in subsection (a) of
20Section 2-6.2 of this Act, in any manner contemplated by this
21Section.
22    (b) The holder of any property subject to the provisions
23of this Section is not liable for distributing or releasing
24the property to the person convicted of violating Section
2512-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of
26Section 12-4.4a, of the Criminal Code of 1961 or the Criminal

 

 

SB2037- 2416 -LRB102 17120 WGH 22551 b

1Code of 2012 or to the person found by a preponderance of the
2evidence to be civilly liable for financial exploitation as
3defined in subsection (a) of Section 2-6.2 of this Act.
4    (c) If the holder is a financial institution, trust
5company, trustee, or similar entity or person, the holder
6shall not be liable for any distribution or release of the
7property, benefit, or other interest to the person convicted
8of a violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
9subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
10of 1961 or the Criminal Code of 2012 or person found by a
11preponderance of the evidence to be civilly liable for
12financial exploitation, as defined in subsection (a) of
13Section 2-6.2 of this Act, unless the holder knowingly
14distributes or releases the property, benefit, or other
15interest to the person so convicted or found civilly liable
16after first having received actual written notice of the
17conviction or finding of civil liability in sufficient time to
18act upon the notice.
19    (d) The Illinois Department of State Police shall have
20access to State of Illinois databases containing information
21that may help in the identification or location of persons
22convicted of or found civilly liable for the offenses
23enumerated in this Section. Interagency agreements shall be
24implemented, consistent with security and procedures
25established by the State agency and consistent with the laws
26governing the confidentiality of the information in the

 

 

SB2037- 2417 -LRB102 17120 WGH 22551 b

1databases. Information shall be used only for administration
2of this Section.
3    (e) A civil action against a person for financial
4exploitation, as defined in subsection (a) of Section 2-6.2 of
5this Act, may be brought by an interested person, pursuant to
6this Section, after the death of the victim or during the
7lifetime of the victim if the victim is adjudicated a person
8with a disability. A guardian is under no duty to bring a civil
9action under this subsection during the ward's lifetime, but
10may do so if the guardian believes it is in the best interests
11of the ward.
12    (f) The court may, in its discretion, consider such facts
13and circumstances as it deems appropriate to allow the person
14convicted or found civilly liable for financial exploitation,
15as defined in subsection (a) of Section 2-6.2 of this Act, to
16receive a reduction in interest or benefit rather than no
17interest or benefit as stated under subsection (a) of this
18Section.
19(Source: P.A. 98-833, eff. 8-1-14; 99-143, eff. 7-27-15.)
 
20    (755 ILCS 5/11a-24)
21    Sec. 11a-24. Notification; Illinois Department of State
22Police. When a court adjudges a respondent to be a person with
23a disability under this Article, the court shall direct the
24circuit court clerk to notify the Illinois Department of State
25Police, Firearm Owner's Identification (FOID) Office, in a

 

 

SB2037- 2418 -LRB102 17120 WGH 22551 b

1form and manner prescribed by the Illinois Department of State
2Police, and shall forward a copy of the court order to the
3Department no later than 7 days after the entry of the order.
4Upon receipt of the order, the Illinois Department of State
5Police shall provide notification to the National Instant
6Criminal Background Check System.
7(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
 
8    Section 1145. The Charitable Trust Act is amended by
9changing Section 16.5 as follows:
 
10    (760 ILCS 55/16.5)
11    Sec. 16.5. Terrorist acts.
12    (a) Any person or organization subject to registration
13under this Act, who knowingly acts to further, directly or
14indirectly, or knowingly uses charitable assets to conduct or
15further, directly or indirectly, an act or actions as set
16forth in Article 29D of the Criminal Code of 2012, is thereby
17engaged in an act or actions contrary to public policy and
18antithetical to charity, and all of the funds, assets, and
19records of the person or organization shall be subject to
20temporary and permanent injunction from use or expenditure and
21the appointment of a temporary and permanent receiver to take
22possession of all of the assets and related records.
23    (b) An ex parte action may be commenced by the Attorney
24General, and, upon a showing of probable cause of a violation

 

 

SB2037- 2419 -LRB102 17120 WGH 22551 b

1of this Section or Article 29D of the Criminal Code of 2012, an
2immediate seizure of books and records by the Attorney General
3by and through his or her assistants or investigators or the
4Illinois Department of State Police and freezing of all assets
5shall be made by order of a court to protect the public,
6protect the assets, and allow a full review of the records.
7    (c) Upon a finding by a court after a hearing that a person
8or organization has acted or is in violation of this Section,
9the person or organization shall be permanently enjoined from
10soliciting funds from the public, holding charitable funds, or
11acting as a trustee or fiduciary within Illinois. Upon a
12finding of violation all assets and funds held by the person or
13organization shall be forfeited to the People of the State of
14Illinois or otherwise ordered by the court to be accounted for
15and marshaled and then delivered to charitable causes and uses
16within the State of Illinois by court order.
17    (d) A determination under this Section may be made by any
18court separate and apart from any criminal proceedings and the
19standard of proof shall be that for civil proceedings.
20    (e) Any knowing use of charitable assets to conduct or
21further, directly or indirectly, an act or actions set forth
22in Article 29D of the Criminal Code of 2012 shall be a misuse
23of charitable assets and breach of fiduciary duty relative to
24all other Sections of this Act.
25(Source: P.A. 97-1150, eff. 1-25-13.)
 

 

 

SB2037- 2420 -LRB102 17120 WGH 22551 b

1    Section 1150. The Revised Uniform Unclaimed Property Act
2is amended by changing Section 15-705 as follows:
 
3    (765 ILCS 1026/15-705)
4    Sec. 15-705. Exceptions to the sale of tangible property.
5The administrator shall dispose of tangible property
6identified by this Section in accordance with this Section.
7    (a) Military medals or decorations. The administrator may
8not sell a medal or decoration awarded for military service in
9the armed forces of the United States. Instead, the
10administrator, with the consent of the respective organization
11under paragraph (1), agency under paragraph (2), or entity
12under paragraph (3), may deliver a medal or decoration to be
13held in custody for the owner, to:
14        (1) a military veterans organization qualified under
15    Section 501(c)(19) of the Internal Revenue Code;
16        (2) the agency that awarded the medal or decoration;
17    or
18        (3) a governmental entity.
19    After delivery, the administrator is not responsible for
20the safekeeping of the medal or decoration.
21    (b) Property with historical value. Property that the
22administrator reasonably believes may have historical value
23may be, at his or her discretion, loaned to an accredited
24museum in the United States where it will be kept until such
25time as the administrator orders it to be returned to his or

 

 

SB2037- 2421 -LRB102 17120 WGH 22551 b

1her custody.
2    (c) Human remains. If human remains are delivered to the
3administrator under this Act, the administrator shall deliver
4those human remains to the coroner of the county in which the
5human remains were abandoned for disposition under Section
63-3034 of the Counties Code. The only human remains that may be
7delivered to the administrator under this Act and that the
8administrator may receive are those that are reported and
9delivered as contents of a safe deposit box.
10    (d) Evidence in a criminal investigation. Property that
11may have been used in the commission of a crime or that may
12assist in the investigation of a crime, as determined after
13consulting with the Illinois Department of State Police, shall
14be delivered to the Illinois Department of State Police or
15other appropriate law enforcement authority to allow law
16enforcement to determine whether a criminal investigation
17should take place. Any such property delivered to a law
18enforcement authority shall be held in accordance with
19existing statutes and rules related to the gathering,
20retention, and release of evidence.
21    (e) Firearms.
22        (1) The administrator, in cooperation with the
23    Illinois Department of State Police, shall develop a
24    procedure to determine whether a firearm delivered to the
25    administrator under this Act has been stolen or used in
26    the commission of a crime. The Illinois Department of

 

 

SB2037- 2422 -LRB102 17120 WGH 22551 b

1    State Police shall determine the appropriate disposition
2    of a firearm that has been stolen or used in the commission
3    of a crime. The administrator shall attempt to return a
4    firearm that has not been stolen or used in the commission
5    of a crime to the rightful owner if the Illinois
6    Department of State Police determines that the owner may
7    lawfully possess the firearm.
8        (2) If the administrator is unable to return a firearm
9    to its owner, the administrator shall transfer custody of
10    the firearm to the Illinois Department of State Police.
11    Legal title to a firearm transferred to the Illinois
12    Department of State Police under this subsection (e) is
13    vested in the Illinois Department of State Police by
14    operation of law if:
15            (i) the administrator cannot locate the owner of
16        the firearm;
17            (ii) the owner of the firearm may not lawfully
18        possess the firearm;
19            (iii) the apparent owner does not respond to
20        notice published under Section 15-503 of this Act; or
21            (iv) the apparent owner responds to notice
22        published under Section 15-502 and states that he or
23        she no longer claims an interest in the firearm.
24        (3) With respect to a firearm whose title is
25    transferred to the Illinois Department of State Police
26    under this subsection (e), the Illinois Department of

 

 

SB2037- 2423 -LRB102 17120 WGH 22551 b

1    State Police may:
2            (i) retain the firearm for use by the crime
3        laboratory system, for training purposes, or for any
4        other application as deemed appropriate by the
5        Department;
6            (ii) transfer the firearm to the Illinois State
7        Museum if the firearm has historical value; or
8            (iii) destroy the firearm if it is not retained
9        pursuant to subparagraph (i) or transferred pursuant
10        to subparagraph (ii).
11    As used in this subsection, "firearm" has the meaning
12provided in the Firearm Owners Identification Card Act.
13(Source: P.A. 100-22, eff. 1-1-18.)
 
14    Section 1155. The Law Enforcement Disposition of Property
15Act is amended by changing Section 2 as follows:
 
16    (765 ILCS 1030/2)  (from Ch. 141, par. 142)
17    Sec. 2. (a) Such property believed to be abandoned, lost
18or stolen or otherwise illegally possessed shall be retained
19in custody by the sheriff, chief of police or other principal
20official of the law enforcement agency, which shall make
21reasonable inquiry and efforts to identify and notify the
22owner or other person entitled to possession thereof, and
23shall return the property after such person provides
24reasonable and satisfactory proof of his ownership or right to

 

 

SB2037- 2424 -LRB102 17120 WGH 22551 b

1possession and reimburses the agency for all reasonable
2expenses of such custody.
3    (b) Weapons that have been confiscated as a result of
4having been abandoned or illegally possessed may be
5transferred to the Illinois Department of State Police for use
6by the crime laboratory system, for training purposes, or for
7any other application as deemed appropriate by the Department,
8if no legitimate claim is made for the confiscated weapon
9within 6 months of the date of confiscation, or within 6 months
10of final court disposition if such confiscated weapon was used
11for evidentiary purposes.
12(Source: P.A. 85-632.)
 
13    Section 1160. The Illinois Human Rights Act is amended by
14changing Section 2-103 as follows:
 
15    (775 ILCS 5/2-103)  (from Ch. 68, par. 2-103)
16    Sec. 2-103. Arrest record.
17    (A) Unless otherwise authorized by law, it is a civil
18rights violation for any employer, employment agency or labor
19organization to inquire into or to use an arrest record, as
20defined under subsection (B-5) of Section 1-103, as a basis to
21refuse to hire, to segregate, or to act with respect to
22recruitment, hiring, promotion, renewal of employment,
23selection for training or apprenticeship, discharge,
24discipline, tenure or terms, privileges or conditions of

 

 

SB2037- 2425 -LRB102 17120 WGH 22551 b

1employment. This Section does not prohibit a State agency,
2unit of local government or school district, or private
3organization from requesting or utilizing sealed felony
4conviction information obtained from the Illinois Department
5of State Police under the provisions of Section 3 of the
6Criminal Identification Act or under other State or federal
7laws or regulations that require criminal background checks in
8evaluating the qualifications and character of an employee or
9a prospective employee.
10    (B) The prohibition against the use of an arrest record,
11as defined under paragraph (1) of subsection (B-5) of Section
121-103, contained in this Act shall not be construed to
13prohibit an employer, employment agency, or labor organization
14from obtaining or using other information which indicates that
15a person actually engaged in the conduct for which he or she
16was arrested.
17(Source: P.A. 101-565, eff. 1-1-20.)
 
18    Section 1165. The Illinois Torture Inquiry and Relief
19Commission Act is amended by changing Section 60 as follows:
 
20    (775 ILCS 40/60)
21    Sec. 60. Report. Beginning January 1, 2010, and annually
22thereafter, the Illinois Torture Inquiry and Relief Commission
23shall report on its activities to the General Assembly and the
24Governor. The report may contain recommendations of any needed

 

 

SB2037- 2426 -LRB102 17120 WGH 22551 b

1legislative changes related to the activities of the
2Commission. The report shall recommend the funding needed by
3the Commission, the State's Attorneys, and the Illinois
4Department of State Police in order to meet their
5responsibilities under this Act. Recommendations concerning
6the State's Attorneys or the Illinois Department of State
7Police shall only be made after consultations with the
8Illinois State's Attorneys Association, the Illinois
9Department of State Police, and the Attorney General.
10(Source: P.A. 96-223, eff. 8-10-09.)
 
11    Section 1170. The Assumed Business Name Act is amended by
12changing Section 5 as follows:
 
13    (805 ILCS 405/5)  (from Ch. 96, par. 8)
14    Sec. 5. Any person or persons carrying on, conducting or
15transacting business as aforesaid, who shall fail to comply
16with the provisions of this Act, shall be guilty of a Class C
17misdemeanor, and each day any person or persons conducts
18business in violation of this Act shall be deemed a separate
19offense.
20    A person shall be exempt from prosecution for a violation
21of this Act if he is a peace officer who uses a false or
22fictitious business name in the enforcement of the criminal
23laws; provided such use is approved in writing by one of the
24following:

 

 

SB2037- 2427 -LRB102 17120 WGH 22551 b

1    (a) In all counties, the respective State's Attorney;
2    (b) The Director of the Illinois State Police under
3Section 2605-200 of the Illinois Department of State Police
4Law (20 ILCS 2605/2605-200); or
5    (c) In cities over 1,000,000, the Superintendent of
6Police.
7(Source: P.A. 91-239, eff. 1-1-00.)
 
8    Section 1175. The Recyclable Metal Purchase Registration
9Law is amended by changing Section 6.5 as follows:
 
10    (815 ILCS 325/6.5)
11    Sec. 6.5. Recyclable Metal Theft Task Force.
12    (a) The Recyclable Metal Theft Task Force is created
13within the Office of the Secretary of State. The Office of the
14Secretary of State shall provide administrative support for
15the Task Force. The Task Force shall consist of the members
16designated in subsections (b) and (c).
17    (b) Members of the Task Force representing the State shall
18be appointed as follows:
19        (1) Two members of the Senate appointed one each by
20    the President of the Senate and by the Minority Leader of
21    the Senate;
22        (2) Two members of the House of Representatives
23    appointed one each by the Speaker of the House of
24    Representatives and by the Minority Leader of the House of

 

 

SB2037- 2428 -LRB102 17120 WGH 22551 b

1    Representatives;
2        (3) One member representing the Office of the
3    Secretary of State appointed by the Secretary of State;
4    and
5        (4) Two members representing the Illinois Department
6    of State Police appointed by the Director of the Illinois
7    State Police, one of whom must represent the State Police
8    Academy.
9    (c) The members appointed under subsection (b) shall
10select from their membership a chairperson. The chairperson
11shall appoint the public members of the Task Force as follows:
12        (1) One member representing municipalities in this
13    State with consideration given to persons recommended by
14    an organization representing municipalities in this State;
15        (2) Five chiefs of police from various geographical
16    areas of the State with consideration given to persons
17    recommended by an organization representing chiefs of
18    police in this State;
19        (3) One representative of a public utility
20    headquartered in Illinois;
21        (4) One representative of recyclable metal dealers in
22    Illinois;
23        (5) One representative of scrap metal suppliers in
24    Illinois;
25        (6) One representative of insurance companies offering
26    homeowners insurance in this State;

 

 

SB2037- 2429 -LRB102 17120 WGH 22551 b

1        (7) One representative of rural electric cooperatives
2    in Illinois; and
3        (8) One representative of a local exchange carrier
4    doing business in Illinois.
5    (d) The Task Force shall endeavor to establish a
6collaborative effort to combat recyclable metal theft
7throughout the State and assist in developing regional task
8forces, as determined necessary, to combat recyclable metal
9theft. The Task Force shall consider and develop long-term
10solutions, both legislative and enforcement-driven, for the
11rising problem of recyclable metal thefts in this State.
12    (e) Each year, the Task Force shall review the
13effectiveness of its efforts in deterring and investigating
14the problem of recyclable metal theft and in assisting in the
15prosecution of persons engaged in recyclable metal theft. The
16Task Force shall by October 31 of each year report its findings
17and recommendations to the General Assembly and the Governor.
18(Source: P.A. 99-52, eff. 1-1-16; 99-760, eff. 1-1-17.)
 
19    Section 1180. The Consumer Fraud and Deceptive Business
20Practices Act is amended by changing Section 2L as follows:
 
21    (815 ILCS 505/2L)
22    Sec. 2L. Used motor vehicles; modification or disclaimer
23of implied warranty of merchantability limited.
24    (a) Any retail sale of a used motor vehicle made after July

 

 

SB2037- 2430 -LRB102 17120 WGH 22551 b

11, 2017 (the effective date of Public Act 99-768) to a consumer
2by a licensed vehicle dealer within the meaning of Chapter 5 of
3the Illinois Vehicle Code or by an auction company at an
4auction that is open to the general public is made subject to
5this Section.
6    (b) This Section does not apply to any of the following:
7        (1) a vehicle with more than 150,000 miles at the time
8    of sale;
9        (2) a vehicle with a title that has been branded
10    "rebuilt" or "flood";
11        (3) a vehicle with a gross vehicle weight rating of
12    8,000 pounds or more; or
13        (4) a vehicle that is an antique vehicle, as defined
14    in the Illinois Vehicle Code, or that is a collector motor
15    vehicle.
16    (b-5) This Section does not apply to the sale of any
17vehicle for which the dealer offers an express warranty that
18provides coverage that is equal to or greater than the limited
19implied warranty of merchantability required under this
20Section 2L.
21    (b-6) This Section does not apply to forfeited vehicles
22sold at auction by or on behalf of the Illinois Department of
23State Police.
24    (c) Except as otherwise provided in this Section 2L, any
25sale of a used motor vehicle as described in subsection (a) may
26not exclude, modify, or disclaim the implied warranty of

 

 

SB2037- 2431 -LRB102 17120 WGH 22551 b

1merchantability created under this Section 2L or limit the
2remedies for a breach of the warranty hereunder before
3midnight of the 15th calendar day after delivery of a used
4motor vehicle or until a used motor vehicle is driven 500 miles
5after delivery, whichever is earlier. In calculating time
6under this Section, a day on which the warranty is breached and
7all subsequent days in which the used motor vehicle fails to
8conform with the implied warranty of merchantability are
9excluded. In calculating distance under this Section, the
10miles driven to obtain or in connection with the repair,
11servicing, or testing of a used motor vehicle that fails to
12conform with the implied warranty of merchantability are
13excluded. An attempt to exclude, modify, or disclaim the
14implied warranty of merchantability or to limit the remedies
15for a breach of the warranty in violation of this Section
16renders a purchase agreement voidable at the option of the
17purchaser.
18    (d) An implied warranty of merchantability is met if a
19used motor vehicle functions for the purpose of ordinary
20transportation on the public highway and substantially free of
21a defect in a power train component. As used in this Section,
22"power train component" means the engine block, head, all
23internal engine parts, oil pan and gaskets, water pump, intake
24manifold, transmission, and all internal transmission parts,
25torque converter, drive shaft, universal joints, rear axle and
26all rear axle internal parts, and rear wheel bearings.

 

 

SB2037- 2432 -LRB102 17120 WGH 22551 b

1    (e) The implied warranty of merchantability expires at
2midnight of the 15th calendar day after delivery of a used
3motor vehicle or when a used motor vehicle is driven 500 miles
4after delivery, whichever is earlier. In calculating time, a
5day on which the implied warranty of merchantability is
6breached is excluded and all subsequent days in which the used
7motor vehicle fails to conform with the warranty are also
8excluded. In calculating distance, the miles driven to or by
9the seller to obtain or in connection with the repair,
10servicing, or testing of a used motor vehicle that fails to
11conform with the implied warranty of merchantability are
12excluded. An implied warranty of merchantability does not
13extend to damage that occurs after the sale of the used motor
14vehicle that results from:
15        (1) off-road use;
16        (2) racing;
17        (3) towing;
18        (4) abuse;
19        (5) misuse;
20        (6) neglect;
21        (7) failure to perform regular maintenance; and
22        (8) failure to maintain adequate oil, coolant, and
23    other required fluids or lubricants.
24    (f) If the implied warranty of merchantability described
25in this Section is breached, the consumer shall give
26reasonable notice to the seller no later than 2 business days

 

 

SB2037- 2433 -LRB102 17120 WGH 22551 b

1after the end of the statutory warranty period. Before the
2consumer exercises another remedy pursuant to Article 2 of the
3Uniform Commercial Code, the seller shall have a reasonable
4opportunity to repair the used motor vehicle. The consumer
5shall pay one-half of the cost of the first 2 repairs necessary
6to bring the used motor vehicle into compliance with the
7warranty. The payments by the consumer are limited to a
8maximum payment of $100 for each repair; however, the consumer
9shall only be responsible for a maximum payment of $100 if the
10consumer brings in the vehicle for a second repair for the same
11defect. Reasonable notice as defined in this Section shall
12include, but not be limited to:
13        (1) text, provided the seller has provided the
14    consumer with a cell phone number;
15        (2) phone call or message to the seller's business
16    phone number provided on the seller's bill of sale for the
17    purchase of the motor vehicle;
18        (3) in writing to the seller's address provided on the
19    seller's bill of sale for the purchase of the motor
20    vehicle;
21        (4) in person at the seller's address provided on the
22    seller's bill of sale for the purchase of the motor
23    vehicle.
24    (g) The maximum liability of a seller for repairs pursuant
25to this Section is limited to the purchase price paid for the
26used motor vehicle, to be refunded to the consumer or lender,

 

 

SB2037- 2434 -LRB102 17120 WGH 22551 b

1as applicable, in exchange for return of the vehicle.
2    (h) An agreement for the sale of a used motor vehicle
3subject to this Section is voidable at the option of the
4consumer, unless it contains on its face or in a separate
5document the following conspicuous statement printed in
6boldface 10-point or larger type set off from the body of the
7agreement:
8    "Illinois law requires that this vehicle will be free of a
9defect in a power train component for 15 days or 500 miles
10after delivery, whichever is earlier, except with regard to
11particular defects disclosed on the first page of this
12agreement. "Power train component" means the engine block,
13head, all internal engine parts, oil pan and gaskets, water
14pump, intake manifold, transmission, and all internal
15transmission parts, torque converter, drive shaft, universal
16joints, rear axle and all rear axle internal parts, and rear
17wheel bearings. You (the consumer) will have to pay up to $100
18for each of the first 2 repairs if the warranty is violated.".
19    (i) The inclusion in the agreement of the statement
20prescribed in subsection (h) of this Section does not create
21an express warranty.
22    (j) A consumer of a used motor vehicle may waive the
23implied warranty of merchantability only for a particular
24defect in the vehicle, including, but not limited to, a
25rebuilt or flood-branded title and only if all of the
26following conditions are satisfied:

 

 

SB2037- 2435 -LRB102 17120 WGH 22551 b

1        (1) the seller subject to this Section fully and
2    accurately discloses to the consumer that because of
3    circumstances unusual to the business, the used motor
4    vehicle has a particular defect;
5        (2) the consumer agrees to buy the used motor vehicle
6    after disclosure of the defect; and
7        (3) before the sale, the consumer indicates agreement
8    to the waiver by signing and dating the following
9    conspicuous statement that is printed on the first page of
10    the sales agreement or on a separate document in boldface
11    10-point or larger type and that is written in the
12    language in which the presentation was made:
13        "Attention consumer: sign here only if the seller has
14    told you that this vehicle has the following problem or
15    problems and you agree to buy the vehicle on those terms:
16    1. ......................................................
17    2. ..................................................
18    3. ...................................................".
19    (k) It shall be an affirmative defense to any claim under
20this Section that:
21        (1) an alleged nonconformity does not substantially
22    impair the use and market value of the motor vehicle;
23        (2) a nonconformity is the result of abuse, neglect,
24    or unauthorized modifications or alterations of the motor
25    vehicle;
26        (3) a claim by a consumer was not filed in good faith;

 

 

SB2037- 2436 -LRB102 17120 WGH 22551 b

1    or
2        (4) any other affirmative defense allowed by law.
3    (l) Other than the 15-day, 500-mile implied warranty of
4merchantability identified herein, a seller subject to this
5Section is not required to provide any further express or
6implied warranties to a purchasing consumer unless:
7        (1) the seller is required by federal or State law to
8    provide a further express or implied warranty; or
9        (2) the seller fails to fully inform and disclose to
10    the consumer that the vehicle is being sold without any
11    further express or implied warranties, other than the 15
12    day, 500 mile implied warranty of merchantability
13    identified in this Section.
14    (m) Any person who violates this Section commits an
15unlawful practice within the meaning of this Act.
16(Source: P.A. 99-768, eff. 7-1-17; 100-4, eff. 7-1-17;
17100-512, eff. 7-1-18; 100-863, eff. 8-14-18.)
 
18    Section 1185. The Employee Credit Privacy Act is amended
19by changing Section 5 as follows:
 
20    (820 ILCS 70/5)
21    Sec. 5. Definitions. As used in this Act:
22    "Credit history" means an individual's past borrowing and
23repaying behavior, including paying bills on time and managing
24debt and other financial obligations.

 

 

SB2037- 2437 -LRB102 17120 WGH 22551 b

1    "Credit report" means any written or other communication
2of any information by a consumer reporting agency that bears
3on a consumer's creditworthiness, credit standing, credit
4capacity, or credit history.
5    "Employee" means an individual who receives compensation
6for performing services for an employer under an express or
7implied contract of hire.
8    "Employer" means an individual or entity that permits one
9or more individuals to work or that accepts applications for
10employment or is an agent of an employer. "Employer" does not,
11however, include:
12        (1) Any bank holding company, financial holding
13    company, bank, savings bank, savings and loan association,
14    credit union, or trust company, or any subsidiary or
15    affiliate thereof, that is authorized to do business under
16    the laws of this State or of the United States.
17        (2) Any company authorized to engage in any kind of
18    insurance or surety business pursuant to the Illinois
19    Insurance Code, including any employee, agent, or employee
20    of an agent acting on behalf of a company engaged in the
21    insurance or surety business.
22        (3) Any State law enforcement or investigative unit,
23    including, without limitation, any such unit within the
24    Office of any Executive Inspector General, the Illinois
25    Department of State Police, the Department of Corrections,
26    the Department of Juvenile Justice, or the Department of

 

 

SB2037- 2438 -LRB102 17120 WGH 22551 b

1    Natural Resources.
2        (4) Any State or local government agency which
3    otherwise requires use of the employee's or applicant's
4    credit history or credit report.
5        (5) Any entity that is defined as a debt collector
6    under federal or State statute.
7    "Financial information" means non-public information on
8the overall financial direction of an organization, including,
9but not limited to, company taxes or profit and loss reports.
10    "Marketable assets" means company property that is
11specially safeguarded from the public and to which access is
12only entrusted to managers and select other employees. For the
13purposes of this Act, marketable assets do not include the
14fixtures, furnishings, or equipment of an employer.
15    "Personal or confidential information" means sensitive
16information that a customer or client of the employing
17organization gives explicit authorization for the organization
18to obtain, process, and keep; that the employer entrusts only
19to managers and a select few employees; or that is stored in
20secure repositories not accessible by the public or low-level
21employees.
22    "State or national security information" means information
23only offered to select employees because it may jeopardize the
24security of the State or the nation if it were entrusted to the
25general public.
26    "Trade secrets" means sensitive information regarding a

 

 

SB2037- 2439 -LRB102 17120 WGH 22551 b

1company's overall strategy or business plans. This does not
2include general proprietary company information such as
3handbooks, policies, or low-level strategies.
4(Source: P.A. 96-1426, eff. 1-1-11.)
 
5    Section 1190. The Unemployment Insurance Act is amended by
6changing Section 1900 as follows:
 
7    (820 ILCS 405/1900)  (from Ch. 48, par. 640)
8    Sec. 1900. Disclosure of information.
9    A. Except as provided in this Section, information
10obtained from any individual or employing unit during the
11administration of this Act shall:
12        1. be confidential,
13        2. not be published or open to public inspection,
14        3. not be used in any court in any pending action or
15    proceeding,
16        4. not be admissible in evidence in any action or
17    proceeding other than one arising out of this Act.
18    B. No finding, determination, decision, ruling or order
19(including any finding of fact, statement or conclusion made
20therein) issued pursuant to this Act shall be admissible or
21used in evidence in any action other than one arising out of
22this Act, nor shall it be binding or conclusive except as
23provided in this Act, nor shall it constitute res judicata,
24regardless of whether the actions were between the same or

 

 

SB2037- 2440 -LRB102 17120 WGH 22551 b

1related parties or involved the same facts.
2    C. Any officer or employee of this State, any officer or
3employee of any entity authorized to obtain information
4pursuant to this Section, and any agent of this State or of
5such entity who, except with authority of the Director under
6this Section, shall disclose information shall be guilty of a
7Class B misdemeanor and shall be disqualified from holding any
8appointment or employment by the State.
9    D. An individual or his duly authorized agent may be
10supplied with information from records only to the extent
11necessary for the proper presentation of his claim for
12benefits or with his existing or prospective rights to
13benefits. Discretion to disclose this information belongs
14solely to the Director and is not subject to a release or
15waiver by the individual. Notwithstanding any other provision
16to the contrary, an individual or his or her duly authorized
17agent may be supplied with a statement of the amount of
18benefits paid to the individual during the 18 months preceding
19the date of his or her request.
20    E. An employing unit may be furnished with information,
21only if deemed by the Director as necessary to enable it to
22fully discharge its obligations or safeguard its rights under
23the Act. Discretion to disclose this information belongs
24solely to the Director and is not subject to a release or
25waiver by the employing unit.
26    F. The Director may furnish any information that he may

 

 

SB2037- 2441 -LRB102 17120 WGH 22551 b

1deem proper to any public officer or public agency of this or
2any other State or of the federal government dealing with:
3        1. the administration of relief,
4        2. public assistance,
5        3. unemployment compensation,
6        4. a system of public employment offices,
7        5. wages and hours of employment, or
8        6. a public works program.
9    The Director may make available to the Illinois Workers'
10Compensation Commission information regarding employers for
11the purpose of verifying the insurance coverage required under
12the Workers' Compensation Act and Workers' Occupational
13Diseases Act.
14    G. The Director may disclose information submitted by the
15State or any of its political subdivisions, municipal
16corporations, instrumentalities, or school or community
17college districts, except for information which specifically
18identifies an individual claimant.
19    H. The Director shall disclose only that information
20required to be disclosed under Section 303 of the Social
21Security Act, as amended, including:
22        1. any information required to be given the United
23    States Department of Labor under Section 303(a)(6); and
24        2. the making available upon request to any agency of
25    the United States charged with the administration of
26    public works or assistance through public employment, the

 

 

SB2037- 2442 -LRB102 17120 WGH 22551 b

1    name, address, ordinary occupation and employment status
2    of each recipient of unemployment compensation, and a
3    statement of such recipient's right to further
4    compensation under such law as required by Section
5    303(a)(7); and
6        3. records to make available to the Railroad
7    Retirement Board as required by Section 303(c)(1); and
8        4. information that will assure reasonable cooperation
9    with every agency of the United States charged with the
10    administration of any unemployment compensation law as
11    required by Section 303(c)(2); and
12        5. information upon request and on a reimbursable
13    basis to the United States Department of Agriculture and
14    to any State food stamp agency concerning any information
15    required to be furnished by Section 303(d); and
16        6. any wage information upon request and on a
17    reimbursable basis to any State or local child support
18    enforcement agency required by Section 303(e); and
19        7. any information required under the income
20    eligibility and verification system as required by Section
21    303(f); and
22        8. information that might be useful in locating an
23    absent parent or that parent's employer, establishing
24    paternity or establishing, modifying, or enforcing child
25    support orders for the purpose of a child support
26    enforcement program under Title IV of the Social Security

 

 

SB2037- 2443 -LRB102 17120 WGH 22551 b

1    Act upon the request of and on a reimbursable basis to the
2    public agency administering the Federal Parent Locator
3    Service as required by Section 303(h); and
4        9. information, upon request, to representatives of
5    any federal, State or local governmental public housing
6    agency with respect to individuals who have signed the
7    appropriate consent form approved by the Secretary of
8    Housing and Urban Development and who are applying for or
9    participating in any housing assistance program
10    administered by the United States Department of Housing
11    and Urban Development as required by Section 303(i).
12    I. The Director, upon the request of a public agency of
13Illinois, of the federal government or of any other state
14charged with the investigation or enforcement of Section 10-5
15of the Criminal Code of 2012 (or a similar federal law or
16similar law of another State), may furnish the public agency
17information regarding the individual specified in the request
18as to:
19        1. the current or most recent home address of the
20    individual, and
21        2. the names and addresses of the individual's
22    employers.
23    J. Nothing in this Section shall be deemed to interfere
24with the disclosure of certain records as provided for in
25Section 1706 or with the right to make available to the
26Internal Revenue Service of the United States Department of

 

 

SB2037- 2444 -LRB102 17120 WGH 22551 b

1the Treasury, or the Department of Revenue of the State of
2Illinois, information obtained under this Act.
3    K. The Department shall make available to the Illinois
4Student Assistance Commission, upon request, information in
5the possession of the Department that may be necessary or
6useful to the Commission in the collection of defaulted or
7delinquent student loans which the Commission administers.
8    L. The Department shall make available to the State
9Employees' Retirement System, the State Universities
10Retirement System, the Teachers' Retirement System of the
11State of Illinois, and the Department of Central Management
12Services, Risk Management Division, upon request, information
13in the possession of the Department that may be necessary or
14useful to the System or the Risk Management Division for the
15purpose of determining whether any recipient of a disability
16benefit from the System or a workers' compensation benefit
17from the Risk Management Division is gainfully employed.
18    M. This Section shall be applicable to the information
19obtained in the administration of the State employment
20service, except that the Director may publish or release
21general labor market information and may furnish information
22that he may deem proper to an individual, public officer or
23public agency of this or any other State or the federal
24government (in addition to those public officers or public
25agencies specified in this Section) as he prescribes by Rule.
26    N. The Director may require such safeguards as he deems

 

 

SB2037- 2445 -LRB102 17120 WGH 22551 b

1proper to insure that information disclosed pursuant to this
2Section is used only for the purposes set forth in this
3Section.
4    O. Nothing in this Section prohibits communication with an
5individual or entity through unencrypted e-mail or other
6unencrypted electronic means as long as the communication does
7not contain the individual's or entity's name in combination
8with any one or more of the individual's or entity's social
9security number; driver's license or State identification
10number; credit or debit card number; or any required security
11code, access code, or password that would permit access to
12further information pertaining to the individual or entity.
13    P. (Blank).
14    Q. The Director shall make available to an elected federal
15official the name and address of an individual or entity that
16is located within the jurisdiction from which the official was
17elected and that, for the most recently completed calendar
18year, has reported to the Department as paying wages to
19workers, where the information will be used in connection with
20the official duties of the official and the official requests
21the information in writing, specifying the purposes for which
22it will be used. For purposes of this subsection, the use of
23information in connection with the official duties of an
24official does not include use of the information in connection
25with the solicitation of contributions or expenditures, in
26money or in kind, to or on behalf of a candidate for public or

 

 

SB2037- 2446 -LRB102 17120 WGH 22551 b

1political office or a political party or with respect to a
2public question, as defined in Section 1-3 of the Election
3Code, or in connection with any commercial solicitation. Any
4elected federal official who, in submitting a request for
5information covered by this subsection, knowingly makes a
6false statement or fails to disclose a material fact, with the
7intent to obtain the information for a purpose not authorized
8by this subsection, shall be guilty of a Class B misdemeanor.
9    R. The Director may provide to any State or local child
10support agency, upon request and on a reimbursable basis,
11information that might be useful in locating an absent parent
12or that parent's employer, establishing paternity, or
13establishing, modifying, or enforcing child support orders.
14    S. The Department shall make available to a State's
15Attorney of this State or a State's Attorney's investigator,
16upon request, the current address or, if the current address
17is unavailable, current employer information, if available, of
18a victim of a felony or a witness to a felony or a person
19against whom an arrest warrant is outstanding.
20    T. The Director shall make available to the Illinois
21Department of State Police, a county sheriff's office, or a
22municipal police department, upon request, any information
23concerning the current address and place of employment or
24former places of employment of a person who is required to
25register as a sex offender under the Sex Offender Registration
26Act that may be useful in enforcing the registration

 

 

SB2037- 2447 -LRB102 17120 WGH 22551 b

1provisions of that Act.
2    U. The Director shall make information available to the
3Department of Healthcare and Family Services and the
4Department of Human Services for the purpose of determining
5eligibility for public benefit programs authorized under the
6Illinois Public Aid Code and related statutes administered by
7those departments, for verifying sources and amounts of
8income, and for other purposes directly connected with the
9administration of those programs.
10    V. The Director shall make information available to the
11State Board of Elections as may be required by an agreement the
12State Board of Elections has entered into with a multi-state
13voter registration list maintenance system.
14    W. The Director shall make information available to the
15State Treasurer's office and the Department of Revenue for the
16purpose of facilitating compliance with the Illinois Secure
17Choice Savings Program Act, including employer contact
18information for employers with 25 or more employees and any
19other information the Director deems appropriate that is
20directly related to the administration of this program.
21    X. The Director shall make information available, upon
22request, to the Illinois Student Assistance Commission for the
23purpose of determining eligibility for the adult vocational
24community college scholarship program under Section 65.105 of
25the Higher Education Student Assistance Act.
26(Source: P.A. 100-484, eff. 9-8-17; 101-315, eff. 1-1-20.)
 

 

 

SB2037- 2448 -LRB102 17120 WGH 22551 b

1    Section 9995. No acceleration or delay. Where this Act
2makes changes in a statute that is represented in this Act by
3text that is not yet or no longer in effect (for example, a
4Section represented by multiple versions), the use of that
5text does not accelerate or delay the taking effect of (i) the
6changes made by this Act or (ii) provisions derived from any
7other Public Act.
 
8    Section 9999. Effective date. This Act takes effect upon
9becoming law.

 

 

SB2037- 2449 -LRB102 17120 WGH 22551 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 230/5
4    5 ILCS 283/10
5    5 ILCS 283/25
6    5 ILCS 315/3from Ch. 48, par. 1603
7    5 ILCS 315/6.1
8    5 ILCS 315/9from Ch. 48, par. 1609
9    5 ILCS 350/1from Ch. 127, par. 1301
10    5 ILCS 382/3-15
11    5 ILCS 430/5-50
12    5 ILCS 430/50-5
13    5 ILCS 465/10
14    5 ILCS 810/10
15    5 ILCS 810/15
16    5 ILCS 815/10
17    5 ILCS 820/10
18    5 ILCS 830/10-5
19    5 ILCS 835/5
20    5 ILCS 840/30
21    15 ILCS 15/3.1
22    15 ILCS 305/13from Ch. 124, par. 10.3
23    15 ILCS 305/13.5
24    15 ILCS 310/10b.1from Ch. 124, par. 110b.1
25    20 ILCS 5/1-5

 

 

SB2037- 2450 -LRB102 17120 WGH 22551 b

1    20 ILCS 5/5-15was 20 ILCS 5/3
2    20 ILCS 5/5-20was 20 ILCS 5/4
3    20 ILCS 5/5-410was 20 ILCS 5/9.11
4    20 ILCS 5/5-715
5    20 ILCS 5/5-180 rep.
6    20 ILCS 205/205-425was 20 ILCS 205/40.37
7    20 ILCS 301/5-10
8    20 ILCS 301/10-15
9    20 ILCS 301/45-55
10    20 ILCS 405/405-320was 20 ILCS 405/67.25
11    20 ILCS 415/4cfrom Ch. 127, par. 63b104c
12    20 ILCS 415/8cfrom Ch. 127, par. 63b108c
13    20 ILCS 415/10from Ch. 127, par. 63b110
14    20 ILCS 505/5from Ch. 23, par. 5005
15    20 ILCS 505/35.5
16    20 ILCS 505/35.6
17    20 ILCS 510/510-100was 20 ILCS 510/65.8
18    20 ILCS 515/15
19    20 ILCS 1205/6from Ch. 17, par. 106
20    20 ILCS 1305/1-17
21    20 ILCS 1370/1-5
22    20 ILCS 1505/1505-200was 20 ILCS 1505/43.21
23    20 ILCS 1605/10.4from Ch. 120, par. 1160.4
24    20 ILCS 1605/21.10
25    20 ILCS 1705/4.2from Ch. 91 1/2, par. 100-4.2
26    20 ILCS 1710/1710-75was 20 ILCS 1710/53 in part

 

 

SB2037- 2451 -LRB102 17120 WGH 22551 b

1    20 ILCS 1905/1905-150was 20 ILCS 1905/45 in part
2    20 ILCS 2105/2105-15
3    20 ILCS 2105/2105-20
4    20 ILCS 2310/2310-185was 20 ILCS 2310/55.51
5    20 ILCS 2310/2310-376
6    20 ILCS 2505/2505-675was 20 ILCS 2505/39b50
7    20 ILCS 2605/Art. 2605
8    heading
9    20 ILCS 2605/2605-1
10    20 ILCS 2605/2605-5
11    20 ILCS 2605/2605-10was 20 ILCS 2605/55a in part
12    20 ILCS 2605/2605-25was 20 ILCS 2605/55a-1
13    20 ILCS 2605/2605-30was 20 ILCS 2605/55a-2
14    20 ILCS 2605/2605-35was 20 ILCS 2605/55a-3
15    20 ILCS 2605/2605-40was 20 ILCS 2605/55a-4
16    20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
17    20 ILCS 2605/2605-50was 20 ILCS 2605/55a-6
18    20 ILCS 2605/2605-51 new
19    20 ILCS 2605/2605-52
20    20 ILCS 2605/2605-54
21    20 ILCS 2605/2605-55
22    20 ILCS 2605/2605-75was 20 ILCS 2605/55a in part
23    20 ILCS 2605/2605-190was 20 ILCS 2605/55a in part
24    20 ILCS 2605/2605-200was 20 ILCS 2605/55a in part
25    20 ILCS 2605/2605-211
26    20 ILCS 2605/2605-212

 

 

SB2037- 2452 -LRB102 17120 WGH 22551 b

1    20 ILCS 2605/2605-220was 20 ILCS 2605/55a-7
2    20 ILCS 2605/2605-250was 20 ILCS 2605/55a in part
3    20 ILCS 2605/2605-305was 20 ILCS 2605/55a in part
4    20 ILCS 2605/2605-315was 20 ILCS 2605/55a in part
5    20 ILCS 2605/2605-320
6    20 ILCS 2605/2605-325was 20 ILCS 2605/55a in part
7    20 ILCS 2605/2605-327
8    20 ILCS 2605/2605-330was 20 ILCS 2605/55a in part
9    20 ILCS 2605/2605-335was 20 ILCS 2605/55a in part
10    20 ILCS 2605/2605-340was 20 ILCS 2605/55a in part
11    20 ILCS 2605/2605-345
12    20 ILCS 2605/2605-355was 20 ILCS 2605/55a in part
13    20 ILCS 2605/2605-375was 20 ILCS 2605/55a in part
14    20 ILCS 2605/2605-377was 20 ILCS 2605/55a in part
15    20 ILCS 2605/2605-378
16    20 ILCS 2605/2605-380was 20 ILCS 2605/55a-8
17    20 ILCS 2605/2605-400was 20 ILCS 2605/55a in part
18    20 ILCS 2605/2605-405was 20 ILCS 2605/55a in part
19    20 ILCS 2605/2605-407
20    20 ILCS 2605/2605-410
21    20 ILCS 2605/2605-420was 20 ILCS 2605/55a in part
22    20 ILCS 2605/2605-475was 20 ILCS 2605/55a in part
23    20 ILCS 2605/2605-480
24    20 ILCS 2605/2605-485
25    20 ILCS 2605/2605-505was 20 ILCS 2605/55b
26    20 ILCS 2605/2605-550was 20 ILCS 2605/55a in part

 

 

SB2037- 2453 -LRB102 17120 WGH 22551 b

1    20 ILCS 2605/2605-575
2    20 ILCS 2605/2605-585
3    20 ILCS 2605/2605-590
4    20 ILCS 2605/2605-595
5    20 ILCS 2605/2605-600
6    20 ILCS 2605/2605-605
7    20 ILCS 2605/2605-610
8    20 ILCS 2605/2605-85 rep.
9    20 ILCS 2605/2605-90 rep.
10    20 ILCS 2605/2605-95 rep.
11    20 ILCS 2605/2605-96 rep.
12    20 ILCS 2605/2605-97 rep.
13    20 ILCS 2605/2605-98 rep.
14    20 ILCS 2605/2605-99 rep.
15    20 ILCS 2605/2605-100 rep.
16    20 ILCS 2605/2605-105 rep.
17    20 ILCS 2605/2605-110 rep.
18    20 ILCS 2605/2605-115 rep.
19    20 ILCS 2605/2605-120 rep.
20    20 ILCS 2605/2605-130 rep.
21    20 ILCS 2605/2605-135 rep.
22    20 ILCS 2605/2605-140 rep.
23    20 ILCS 2605/2605-300 rep.
24    20 ILCS 2605/2605-390 rep.
25    20 ILCS 2605/2605-500 rep.
26    20 ILCS 2610/Act title

 

 

SB2037- 2454 -LRB102 17120 WGH 22551 b

1    20 ILCS 2610/0.01from Ch. 121, par. 307.01
2    20 ILCS 2610/1from Ch. 121, par. 307.1
3    20 ILCS 2610/2from Ch. 121, par. 307.2
4    20 ILCS 2610/3from Ch. 121, par. 307.3
5    20 ILCS 2610/8from Ch. 121, par. 307.8
6    20 ILCS 2610/9from Ch. 121, par. 307.9
7    20 ILCS 2610/10from Ch. 121, par. 307.10
8    20 ILCS 2610/12.2
9    20 ILCS 2610/12.5
10    20 ILCS 2610/13from Ch. 121, par. 307.13
11    20 ILCS 2610/14from Ch. 121, par. 307.14
12    20 ILCS 2610/16from Ch. 121, par. 307.16
13    20 ILCS 2610/17b
14    20 ILCS 2610/18from Ch. 121, par. 307.18
15    20 ILCS 2610/20from Ch. 121, par. 307.18a
16    20 ILCS 2610/21from Ch. 121, par. 307.18b
17    20 ILCS 2610/22from Ch. 121, par. 307.18c
18    20 ILCS 2610/24
19    20 ILCS 2610/30
20    20 ILCS 2610/35
21    20 ILCS 2610/38
22    20 ILCS 2610/40
23    20 ILCS 2610/45
24    20 ILCS 2615/0.01from Ch. 121, par. 307.20
25    20 ILCS 2615/1from Ch. 121, par. 307.21
26    20 ILCS 2615/2from Ch. 121, par. 307.22

 

 

SB2037- 2455 -LRB102 17120 WGH 22551 b

1    20 ILCS 2615/6from Ch. 121, par. 307.26
2    20 ILCS 2615/10
3    20 ILCS 2620/1from Ch. 127, par. 55d
4    20 ILCS 2620/2from Ch. 127, par. 55e
5    20 ILCS 2620/3from Ch. 127, par. 55f
6    20 ILCS 2620/4from Ch. 127, par. 55g
7    20 ILCS 2620/5from Ch. 127, par. 55h
8    20 ILCS 2620/6from Ch. 127, par. 55i
9    20 ILCS 2620/7from Ch. 127, par. 55j
10    20 ILCS 2620/8from Ch. 127, par. 55k
11    20 ILCS 2625/Act title
12    20 ILCS 2625/1from Ch. 127, par. 289
13    20 ILCS 2625/2from Ch. 127, par. 290
14    20 ILCS 2625/3from Ch. 127, par. 291
15    20 ILCS 2625/4from Ch. 127, par. 292
16    20 ILCS 2630/1from Ch. 38, par. 206-1
17    20 ILCS 2630/2from Ch. 38, par. 206-2
18    20 ILCS 2630/2.1from Ch. 38, par. 206-2.1
19    20 ILCS 2630/2.2
20    20 ILCS 2630/3from Ch. 38, par. 206-3
21    20 ILCS 2630/3.1from Ch. 38, par. 206-3.1
22    20 ILCS 2630/3.3
23    20 ILCS 2630/4from Ch. 38, par. 206-4
24    20 ILCS 2630/5from Ch. 38, par. 206-5
25    20 ILCS 2630/7from Ch. 38, par. 206-7
26    20 ILCS 2630/7.5

 

 

SB2037- 2456 -LRB102 17120 WGH 22551 b

1    20 ILCS 2630/8from Ch. 38, par. 206-8
2    20 ILCS 2630/9from Ch. 38, par. 206-9
3    20 ILCS 2630/9.5
4    20 ILCS 2630/10from Ch. 38, par. 206-10
5    20 ILCS 2630/13
6    20 ILCS 2630/14
7    20 ILCS 2635/Act title
8    20 ILCS 2635/2from Ch. 38, par. 1602
9    20 ILCS 2635/3from Ch. 38, par. 1603
10    20 ILCS 2635/4from Ch. 38, par. 1604
11    20 ILCS 2635/5from Ch. 38, par. 1605
12    20 ILCS 2635/6from Ch. 38, par. 1606
13    20 ILCS 2635/7from Ch. 38, par. 1607
14    20 ILCS 2635/8from Ch. 38, par. 1608
15    20 ILCS 2635/9from Ch. 38, par. 1609
16    20 ILCS 2635/10from Ch. 38, par. 1610
17    20 ILCS 2635/11from Ch. 38, par. 1611
18    20 ILCS 2635/12from Ch. 38, par. 1612
19    20 ILCS 2635/13from Ch. 38, par. 1613
20    20 ILCS 2635/14from Ch. 38, par. 1614
21    20 ILCS 2635/15from Ch. 38, par. 1615
22    20 ILCS 2635/17from Ch. 38, par. 1617
23    20 ILCS 2635/19from Ch. 38, par. 1619
24    20 ILCS 2635/20from Ch. 38, par. 1620
25    20 ILCS 2635/21from Ch. 38, par. 1621
26    20 ILCS 2637/5

 

 

SB2037- 2457 -LRB102 17120 WGH 22551 b

1    20 ILCS 2637/15
2    20 ILCS 2640/5
3    20 ILCS 2640/10
4    20 ILCS 2645/5
5    20 ILCS 2645/10
6    20 ILCS 2705/2705-90was 20 ILCS 2705/49.31
7    20 ILCS 2705/2705-125was 20 ILCS 2705/49.22
8    20 ILCS 2705/2705-317
9    20 ILCS 2705/2705-505.5
10    20 ILCS 2705/2705-505.6
11    20 ILCS 2905/2from Ch. 127 1/2, par. 2
12    20 ILCS 3205/5from Ch. 17, par. 455
13    20 ILCS 3305/5from Ch. 127, par. 1055
14    20 ILCS 3310/40
15    20 ILCS 3310/70
16    20 ILCS 3855/1-110
17    20 ILCS 3930/4from Ch. 38, par. 210-4
18    20 ILCS 3930/9.1
19    20 ILCS 3980/2from Ch. 111 1/2, par. 8002
20    20 ILCS 3985/2001from Ch. 127, par. 3852-1
21    20 ILCS 4005/4from Ch. 95 1/2, par. 1304
22    20 ILCS 4005/8.5
23    20 ILCS 4040/10
24    20 ILCS 4085/10
25    20 ILCS 5025/10
26    30 ILCS 105/6z-82

 

 

SB2037- 2458 -LRB102 17120 WGH 22551 b

1    30 ILCS 105/6z-99
2    30 ILCS 105/6z-106
3    30 ILCS 105/8.3from Ch. 127, par. 144.3
4    30 ILCS 105/8.37
5    30 ILCS 105/8p
6    30 ILCS 105/14from Ch. 127, par. 150
7    30 ILCS 230/2from Ch. 127, par. 171
8    30 ILCS 500/25-75
9    30 ILCS 605/7from Ch. 127, par. 133b10
10    30 ILCS 605/7b
11    30 ILCS 605/7c
12    30 ILCS 610/4from Ch. 127, par. 133e4
13    30 ILCS 715/2.01from Ch. 56 1/2, par. 1702.01
14    30 ILCS 715/3from Ch. 56 1/2, par. 1703
15    30 ILCS 715/4from Ch. 56 1/2, par. 1704
16    30 ILCS 715/5from Ch. 56 1/2, par. 1705
17    30 ILCS 715/5.1from Ch. 56 1/2, par. 1705.1
18    30 ILCS 805/8.40
19    35 ILCS 5/1109from Ch. 120, par. 11-1109
20    35 ILCS 135/3-10
21    40 ILCS 5/14-103.05from Ch. 108 1/2, par. 14-103.05
22    40 ILCS 5/14-110from Ch. 108 1/2, par. 14-110
23    40 ILCS 5/14-123.1from Ch. 108 1/2, par. 14-123.1
24    40 ILCS 5/14-124from Ch. 108 1/2, par. 14-124
25    40 ILCS 15/1.2
26    50 ILCS 705/3from Ch. 85, par. 503

 

 

SB2037- 2459 -LRB102 17120 WGH 22551 b

1    50 ILCS 705/6.1
2    50 ILCS 705/9from Ch. 85, par. 509
3    50 ILCS 705/10.10
4    50 ILCS 705/10.19
5    50 ILCS 705/10.21
6    50 ILCS 709/5-5
7    50 ILCS 709/5-10
8    50 ILCS 709/5-12
9    50 ILCS 709/5-15
10    50 ILCS 709/5-20
11    50 ILCS 709/5-30
12    50 ILCS 722/5
13    50 ILCS 722/10
14    50 ILCS 722/15
15    50 ILCS 722/20
16    50 ILCS 727/1-10
17    50 ILCS 750/2from Ch. 134, par. 32
18    50 ILCS 750/7from Ch. 134, par. 37
19    50 ILCS 750/8from Ch. 134, par. 38
20    50 ILCS 750/10from Ch. 134, par. 40
21    50 ILCS 750/12from Ch. 134, par. 42
22    50 ILCS 750/15.1from Ch. 134, par. 45.1
23    50 ILCS 750/15.4b
24    50 ILCS 750/15.5
25    50 ILCS 750/15.6
26    50 ILCS 750/15.6a

 

 

SB2037- 2460 -LRB102 17120 WGH 22551 b

1    50 ILCS 750/15.6b
2    50 ILCS 750/17.5
3    50 ILCS 750/19
4    50 ILCS 750/20
5    50 ILCS 750/30
6    50 ILCS 750/40
7    50 ILCS 750/50
8    50 ILCS 750/55
9    50 ILCS 750/75
10    50 ILCS 750/80
11    50 ILCS 753/20
12    55 ILCS 5/3-3013from Ch. 34, par. 3-3013
13    65 ILCS 5/10-1-7.1
14    65 ILCS 5/10-2.1-6from Ch. 24, par. 10-2.1-6
15    65 ILCS 5/10-2.1-6.1from Ch. 24, par. 10-2.1-6.1
16    65 ILCS 5/10-2.1-6.2from Ch. 24, par. 10-2.1-6.2
17    65 ILCS 5/10-2.1-6.3
18    65 ILCS 5/11-32-1from Ch. 24, par. 11-32-1
19    70 ILCS 705/16.06b
20    70 ILCS 1205/8-23
21    70 ILCS 1505/16a-5
22    70 ILCS 3605/28bfrom Ch. 111 2/3, par. 328b
23    105 ILCS 5/1A-11
24    105 ILCS 5/2-3.25o
25    105 ILCS 5/2-3.73from Ch. 122, par. 2-3.73
26    105 ILCS 5/2-3.140

 

 

SB2037- 2461 -LRB102 17120 WGH 22551 b

1    105 ILCS 5/10-20.21a
2    105 ILCS 5/10-21.7from Ch. 122, par. 10-21.7
3    105 ILCS 5/10-21.9from Ch. 122, par. 10-21.9
4    105 ILCS 5/10-27.1A
5    105 ILCS 5/10-27.1B
6    105 ILCS 5/34-2.1from Ch. 122, par. 34-2.1
7    105 ILCS 5/34-8.05
8    105 ILCS 5/34-18.5from Ch. 122, par. 34-18.5
9    110 ILCS 57/10
10    110 ILCS 57/15
11    110 ILCS 57/25
12    205 ILCS 657/25
13    205 ILCS 685/2from Ch. 17, par. 7352
14    205 ILCS 685/3from Ch. 17, par. 7353
15    205 ILCS 685/4from Ch. 17, par. 7354
16    210 ILCS 30/6from Ch. 111 1/2, par. 4166
17    210 ILCS 30/10from Ch. 111 1/2, par. 4170
18    210 ILCS 45/1-114.01
19    210 ILCS 45/2-201.5
20    210 ILCS 45/2-201.6
21    210 ILCS 45/2-201.7
22    210 ILCS 46/1-114.01
23    210 ILCS 46/2-201.5
24    210 ILCS 46/2-201.6
25    210 ILCS 47/1-114.01
26    210 ILCS 47/2-201.5

 

 

SB2037- 2462 -LRB102 17120 WGH 22551 b

1    210 ILCS 47/2-201.6
2    210 ILCS 49/2-104
3    210 ILCS 49/2-105
4    210 ILCS 85/6.09from Ch. 111 1/2, par. 147.09
5    210 ILCS 150/18
6    210 ILCS 160/30
7    215 ILCS 5/155.24from Ch. 73, par. 767.24
8    215 ILCS 5/401from Ch. 73, par. 1013
9    215 ILCS 5/1520
10    220 ILCS 5/4-101from Ch. 111 2/3, par. 4-101
11    225 ILCS 10/4.1from Ch. 23, par. 2214.1
12    225 ILCS 46/15
13    225 ILCS 46/33
14    225 ILCS 46/45
15    225 ILCS 46/65
16    225 ILCS 46/70
17    225 ILCS 57/15
18    225 ILCS 60/7from Ch. 111, par. 4400-7
19    225 ILCS 60/9.7
20    225 ILCS 60/65
21    225 ILCS 65/50-35was 225 ILCS 65/5-23
22    225 ILCS 70/5.1
23    225 ILCS 120/25from Ch. 111, par. 8301-25
24    225 ILCS 227/40
25    225 ILCS 227/45
26    225 ILCS 447/5-10

 

 

SB2037- 2463 -LRB102 17120 WGH 22551 b

1    225 ILCS 447/10-5
2    225 ILCS 447/10-25
3    225 ILCS 447/31-5
4    225 ILCS 447/31-10
5    225 ILCS 447/31-15
6    225 ILCS 447/31-20
7    225 ILCS 447/31-25
8    225 ILCS 447/35-30
9    225 ILCS 447/40-10
10    225 ILCS 458/5-22
11    225 ILCS 459/68
12    225 ILCS 460/16.5
13    230 ILCS 5/9from Ch. 8, par. 37-9
14    230 ILCS 5/15from Ch. 8, par. 37-15
15    230 ILCS 5/28from Ch. 8, par. 37-28
16    230 ILCS 5/34from Ch. 8, par. 37-34
17    230 ILCS 5/45from Ch. 8, par. 37-45
18    230 ILCS 10/5from Ch. 120, par. 2405
19    230 ILCS 10/6from Ch. 120, par. 2406
20    230 ILCS 10/7.7
21    230 ILCS 10/9from Ch. 120, par. 2409
22    230 ILCS 10/11from Ch. 120, par. 2411
23    230 ILCS 10/13from Ch. 120, par. 2413
24    230 ILCS 10/22from Ch. 120, par. 2422
25    230 ILCS 20/2.1
26    230 ILCS 20/5from Ch. 120, par. 1055

 

 

SB2037- 2464 -LRB102 17120 WGH 22551 b

1    230 ILCS 25/1.2
2    230 ILCS 30/7from Ch. 120, par. 1127
3    230 ILCS 30/14from Ch. 120, par. 1134
4    230 ILCS 40/45
5    230 ILCS 45/25-20
6    235 ILCS 5/4-7from Ch. 43, par. 114a
7    235 ILCS 5/10-1from Ch. 43, par. 183
8    305 ILCS 5/8A-7from Ch. 23, par. 8A-7
9    305 ILCS 5/9A-11.5
10    305 ILCS 5/10-3.4
11    305 ILCS 5/12-4.25from Ch. 23, par. 12-4.25
12    310 ILCS 10/25from Ch. 67 1/2, par. 25
13    320 ILCS 20/3.5
14    325 ILCS 5/7.3from Ch. 23, par. 2057.3
15    325 ILCS 5/7.4from Ch. 23, par. 2057.4
16    325 ILCS 5/11.1from Ch. 23, par. 2061.1
17    325 ILCS 40/2from Ch. 23, par. 2252
18    325 ILCS 40/3from Ch. 23, par. 2253
19    325 ILCS 40/3.5
20    325 ILCS 40/3.6
21    325 ILCS 40/6from Ch. 23, par. 2256
22    325 ILCS 40/7from Ch. 23, par. 2257
23    325 ILCS 50/1from Ch. 23, par. 2281
24    325 ILCS 50/2from Ch. 23, par. 2282
25    325 ILCS 50/3from Ch. 23, par. 2283
26    325 ILCS 50/4from Ch. 23, par. 2284

 

 

SB2037- 2465 -LRB102 17120 WGH 22551 b

1    325 ILCS 50/5from Ch. 23, par. 2285
2    325 ILCS 55/1from Ch. 23, par. 2271
3    325 ILCS 55/2from Ch. 23, par. 2272
4    325 ILCS 55/3from Ch. 23, par. 2273
5    325 ILCS 55/4from Ch. 23, par. 2274
6    325 ILCS 55/5from Ch. 23, par. 2275
7    325 ILCS 55/6from Ch. 23, par. 2276
8    405 ILCS 5/6-103.1
9    405 ILCS 5/6-103.2
10    405 ILCS 5/6-103.3
11    410 ILCS 70/1afrom Ch. 111 1/2, par. 87-1a
12    410 ILCS 70/5from Ch. 111 1/2, par. 87-5
13    410 ILCS 70/6.4from Ch. 111 1/2, par. 87-6.4
14    410 ILCS 70/9.5
15    410 ILCS 82/40
16    410 ILCS 82/45
17    410 ILCS 130/85
18    410 ILCS 130/95
19    410 ILCS 130/100
20    410 ILCS 130/105
21    410 ILCS 130/145
22    410 ILCS 130/150
23    410 ILCS 130/180
24    410 ILCS 535/15.1from Ch. 111 1/2, par. 73-15.1
25    410 ILCS 535/25.1from Ch. 111 1/2, par. 73-25.1
26    410 ILCS 620/3.21from Ch. 56 1/2, par. 503.21

 

 

SB2037- 2466 -LRB102 17120 WGH 22551 b

1    410 ILCS 705/1-10
2    410 ILCS 705/5-20
3    410 ILCS 705/15-25
4    410 ILCS 705/15-30
5    410 ILCS 705/15-40
6    410 ILCS 705/15-65
7    410 ILCS 705/15-75
8    410 ILCS 705/15-100
9    410 ILCS 705/15-135
10    410 ILCS 705/20-15
11    410 ILCS 705/20-30
12    410 ILCS 705/20-35
13    410 ILCS 705/20-40
14    410 ILCS 705/25-30
15    410 ILCS 705/25-35
16    410 ILCS 705/30-10
17    410 ILCS 705/30-30
18    410 ILCS 705/30-35
19    410 ILCS 705/30-40
20    410 ILCS 705/35-10
21    410 ILCS 705/35-25
22    410 ILCS 705/35-30
23    410 ILCS 705/40-10
24    410 ILCS 705/40-25
25    410 ILCS 705/40-30
26    410 ILCS 705/40-35

 

 

SB2037- 2467 -LRB102 17120 WGH 22551 b

1    410 ILCS 705/55-15
2    410 ILCS 705/55-30
3    410 ILCS 705/55-35
4    410 ILCS 705/55-40
5    410 ILCS 705/55-50
6    410 ILCS 705/55-55
7    410 ILCS 705/55-80
8    420 ILCS 40/34from Ch. 111 1/2, par. 210-34
9    430 ILCS 65/1.1from Ch. 38, par. 83-1.1
10    430 ILCS 65/2from Ch. 38, par. 83-2
11    430 ILCS 65/3from Ch. 38, par. 83-3
12    430 ILCS 65/3.1from Ch. 38, par. 83-3.1
13    430 ILCS 65/3.3
14    430 ILCS 65/4from Ch. 38, par. 83-4
15    430 ILCS 65/5from Ch. 38, par. 83-5
16    430 ILCS 65/5.1
17    430 ILCS 65/6from Ch. 38, par. 83-6
18    430 ILCS 65/8from Ch. 38, par. 83-8
19    430 ILCS 65/8.1from Ch. 38, par. 83-8.1
20    430 ILCS 65/8.2
21    430 ILCS 65/8.3
22    430 ILCS 65/9.5
23    430 ILCS 65/10from Ch. 38, par. 83-10
24    430 ILCS 65/11from Ch. 38, par. 83-11
25    430 ILCS 65/13.1from Ch. 38, par. 83-13.1
26    430 ILCS 65/13.2from Ch. 38, par. 83-13.2

 

 

SB2037- 2468 -LRB102 17120 WGH 22551 b

1    430 ILCS 65/13.3
2    430 ILCS 65/15afrom Ch. 38, par. 83-15a
3    430 ILCS 65/15b
4    430 ILCS 66/5
5    430 ILCS 66/10
6    430 ILCS 66/15
7    430 ILCS 66/20
8    430 ILCS 66/25
9    430 ILCS 66/30
10    430 ILCS 66/35
11    430 ILCS 66/40
12    430 ILCS 66/45
13    430 ILCS 66/50
14    430 ILCS 66/55
15    430 ILCS 66/65
16    430 ILCS 66/70
17    430 ILCS 66/75
18    430 ILCS 66/80
19    430 ILCS 66/87
20    430 ILCS 66/95
21    430 ILCS 66/105
22    430 ILCS 67/35
23    430 ILCS 67/40
24    430 ILCS 67/50
25    430 ILCS 67/55
26    430 ILCS 67/60

 

 

SB2037- 2469 -LRB102 17120 WGH 22551 b

1    430 ILCS 68/5-5
2    430 ILCS 68/5-10
3    430 ILCS 68/5-15
4    430 ILCS 68/5-20
5    430 ILCS 68/5-30
6    430 ILCS 68/5-35
7    430 ILCS 68/5-40
8    430 ILCS 68/5-45
9    430 ILCS 68/5-50
10    430 ILCS 68/5-55
11    430 ILCS 68/5-60
12    430 ILCS 68/5-70
13    430 ILCS 68/5-75
14    430 ILCS 68/5-85
15    430 ILCS 68/5-95
16    430 ILCS 68/5-100
17    430 ILCS 68/5-105
18    430 ILCS 68/5-110
19    430 ILCS 68/5-115
20    430 ILCS 68/5-120
21    510 ILCS 72/35
22    510 ILCS 72/55
23    520 ILCS 5/3.5from Ch. 61, par. 3.5
24    605 ILCS 130/115
25    610 ILCS 80/2from Ch. 114, par. 98
26    620 ILCS 10/5from Ch. 15 1/2, par. 183

 

 

SB2037- 2470 -LRB102 17120 WGH 22551 b

1    620 ILCS 75/2-135
2    625 ILCS 5/1-129from Ch. 95 1/2, par. 1-129
3    625 ILCS 5/2-116from Ch. 95 1/2, par. 2-116
4    625 ILCS 5/2-119from Ch. 95 1/2, par. 2-119
5    625 ILCS 5/3-117.1from Ch. 95 1/2, par. 3-117.1
6    625 ILCS 5/3-405from Ch. 95 1/2, par. 3-405
7    625 ILCS 5/3-416from Ch. 95 1/2, par. 3-416
8    625 ILCS 5/4-107from Ch. 95 1/2, par. 4-107
9    625 ILCS 5/4-109
10    625 ILCS 5/4-202from Ch. 95 1/2, par. 4-202
11    625 ILCS 5/4-203.5
12    625 ILCS 5/4-205from Ch. 95 1/2, par. 4-205
13    625 ILCS 5/4-206from Ch. 95 1/2, par. 4-206
14    625 ILCS 5/4-209from Ch. 95 1/2, par. 4-209
15    625 ILCS 5/4-302from Ch. 95 1/2, par. 4-302
16    625 ILCS 5/5-102from Ch. 95 1/2, par. 5-102
17    625 ILCS 5/5-105from Ch. 95 1/2, par. 5-105
18    625 ILCS 5/5-401.2from Ch. 95 1/2, par. 5-401.2
19    625 ILCS 5/5-402.1from Ch. 95 1/2, par. 5-402.1
20    625 ILCS 5/6-106.1from Ch. 95 1/2, par. 6-106.1
21    625 ILCS 5/6-106.1a
22    625 ILCS 5/6-107.5
23    625 ILCS 5/6-112from Ch. 95 1/2, par. 6-112
24    625 ILCS 5/6-402from Ch. 95 1/2, par. 6-402
25    625 ILCS 5/6-411from Ch. 95 1/2, par. 6-411
26    625 ILCS 5/6-508from Ch. 95 1/2, par. 6-508

 

 

SB2037- 2471 -LRB102 17120 WGH 22551 b

1    625 ILCS 5/8-115from Ch. 95 1/2, par. 8-115
2    625 ILCS 5/11-212
3    625 ILCS 5/11-416from Ch. 95 1/2, par. 11-416
4    625 ILCS 5/11-501.01
5    625 ILCS 5/11-501.2from Ch. 95 1/2, par. 11-501.2
6    625 ILCS 5/11-501.4-1
7    625 ILCS 5/11-501.5from Ch. 95 1/2, par. 11-501.5
8    625 ILCS 5/11-501.6from Ch. 95 1/2, par. 11-501.6
9    625 ILCS 5/11-501.8
10    625 ILCS 5/11-501.10
11    625 ILCS 5/11-605.1
12    625 ILCS 5/11-907.1
13    625 ILCS 5/12-612
14    625 ILCS 5/13-109.1
15    625 ILCS 5/15-102from Ch. 95 1/2, par. 15-102
16    625 ILCS 5/15-112from Ch. 95 1/2, par. 15-112
17    625 ILCS 5/15-201from Ch. 95 1/2, par. 15-201
18    625 ILCS 5/15-202from Ch. 95 1/2, par. 15-202
19    625 ILCS 5/15-203from Ch. 95 1/2, par. 15-203
20    625 ILCS 5/15-305from Ch. 95 1/2, par. 15-305
21    625 ILCS 5/16-102from Ch. 95 1/2, par. 16-102
22    625 ILCS 5/16-105from Ch. 95 1/2, par. 16-105
23    625 ILCS 5/18a-200from Ch. 95 1/2, par. 18a-200
24    625 ILCS 5/18b-112
25    625 ILCS 5/18c-1702from Ch. 95 1/2, par. 18c-1702
26    625 ILCS 5/18c-4601from Ch. 95 1/2, par. 18c-4601

 

 

SB2037- 2472 -LRB102 17120 WGH 22551 b

1    625 ILCS 7/10
2    625 ILCS 7/25
3    625 ILCS 25/7from Ch. 95 1/2, par. 1107
4    625 ILCS 45/3A-6from Ch. 95 1/2, par. 313A-6
5    625 ILCS 45/3C-2from Ch. 95 1/2, par. 313C-2
6    625 ILCS 45/3C-5from Ch. 95 1/2, par. 313C-5
7    625 ILCS 45/3C-9from Ch. 95 1/2, par. 313C-9
8    625 ILCS 45/5-16bfrom Ch. 95 1/2, par. 315-11b
9    625 ILCS 45/5-16c
10    625 ILCS 45/5-22
11    625 ILCS 45/6-1from Ch. 95 1/2, par. 316-1
12    630 ILCS 5/70
13    705 ILCS 105/27.3b-1
14    705 ILCS 135/10-5
15    705 ILCS 135/15-70
16    705 ILCS 405/1-3from Ch. 37, par. 801-3
17    705 ILCS 405/1-7from Ch. 37, par. 801-7
18    705 ILCS 405/1-8from Ch. 37, par. 801-8
19    705 ILCS 405/2-21from Ch. 37, par. 802-21
20    705 ILCS 405/2-25from Ch. 37, par. 802-25
21    705 ILCS 405/3-26from Ch. 37, par. 803-26
22    705 ILCS 405/4-23from Ch. 37, par. 804-23
23    705 ILCS 405/5-105
24    705 ILCS 405/5-301
25    705 ILCS 405/5-305
26    705 ILCS 405/5-730

 

 

SB2037- 2473 -LRB102 17120 WGH 22551 b

1    705 ILCS 405/5-901
2    705 ILCS 405/5-915
3    720 ILCS 5/3-7from Ch. 38, par. 3-7
4    720 ILCS 5/12-38
5    720 ILCS 5/12C-15was 720 ILCS 5/12-22
6    720 ILCS 5/14-3
7    720 ILCS 5/17-6.3
8    720 ILCS 5/24-1from Ch. 38, par. 24-1
9    720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
10    720 ILCS 5/24-3from Ch. 38, par. 24-3
11    720 ILCS 5/24-3B
12    720 ILCS 5/24-6from Ch. 38, par. 24-6
13    720 ILCS 5/24-8
14    720 ILCS 5/24.8-5
15    720 ILCS 5/28-5from Ch. 38, par. 28-5
16    720 ILCS 5/29B-0.5
17    720 ILCS 5/29B-3
18    720 ILCS 5/29B-4
19    720 ILCS 5/29B-12
20    720 ILCS 5/29B-20
21    720 ILCS 5/29B-25
22    720 ILCS 5/29B-26
23    720 ILCS 5/32-2from Ch. 38, par. 32-2
24    720 ILCS 5/32-8from Ch. 38, par. 32-8
25    720 ILCS 5/33-2from Ch. 38, par. 33-2
26    720 ILCS 5/33-3.1

 

 

SB2037- 2474 -LRB102 17120 WGH 22551 b

1    720 ILCS 5/33-3.2
2    720 ILCS 5/36-1.1
3    720 ILCS 5/36-1.3
4    720 ILCS 5/36-2.2
5    720 ILCS 5/36-7
6    720 ILCS 550/3from Ch. 56 1/2, par. 703
7    720 ILCS 550/4from Ch. 56 1/2, par. 704
8    720 ILCS 550/8from Ch. 56 1/2, par. 708
9    720 ILCS 550/10.2from Ch. 56 1/2, par. 710.2
10    720 ILCS 550/11from Ch. 56 1/2, par. 711
11    720 ILCS 550/15.2
12    720 ILCS 550/16.2
13    720 ILCS 550/17from Ch. 56 1/2, par. 717
14    720 ILCS 570/102from Ch. 56 1/2, par. 1102
15    720 ILCS 646/10
16    720 ILCS 646/90
17    720 ILCS 646/95
18    720 ILCS 648/10
19    720 ILCS 649/10
20    720 ILCS 649/15
21    720 ILCS 649/20
22    720 ILCS 649/25
23    720 ILCS 675/1from Ch. 23, par. 2357
24    725 ILCS 5/104-26from Ch. 38, par. 104-26
25    725 ILCS 5/107-4from Ch. 38, par. 107-4
26    725 ILCS 5/108A-11from Ch. 38, par. 108A-11

 

 

SB2037- 2475 -LRB102 17120 WGH 22551 b

1    725 ILCS 5/108B-1from Ch. 38, par. 108B-1
2    725 ILCS 5/108B-2from Ch. 38, par. 108B-2
3    725 ILCS 5/108B-5from Ch. 38, par. 108B-5
4    725 ILCS 5/108B-13from Ch. 38, par. 108B-13
5    725 ILCS 5/108B-14from Ch. 38, par. 108B-14
6    725 ILCS 5/110-7from Ch. 38, par. 110-7
7    725 ILCS 5/112A-11.1
8    725 ILCS 5/112A-11.2
9    725 ILCS 5/112A-14from Ch. 38, par. 112A-14
10    725 ILCS 5/112A-14.7
11    725 ILCS 5/112A-17.5
12    725 ILCS 5/112A-20from Ch. 38, par. 112A-20
13    725 ILCS 5/112A-22from Ch. 38, par. 112A-22
14    725 ILCS 5/112A-28from Ch. 38, par. 112A-28
15    725 ILCS 5/115-15
16    725 ILCS 5/116-3
17    725 ILCS 5/116-4
18    725 ILCS 5/116-5
19    725 ILCS 5/124B-605
20    725 ILCS 5/124B-705
21    725 ILCS 5/124B-710
22    725 ILCS 5/124B-930
23    725 ILCS 5/124B-935
24    725 ILCS 150/3.1
25    725 ILCS 150/3.3
26    725 ILCS 150/4from Ch. 56 1/2, par. 1674

 

 

SB2037- 2476 -LRB102 17120 WGH 22551 b

1    725 ILCS 150/5.1
2    725 ILCS 150/6from Ch. 56 1/2, par. 1676
3    725 ILCS 150/11from Ch. 56 1/2, par. 1681
4    725 ILCS 150/13.1 was 725 ILCS 150/15
5    725 ILCS 150/13.2was 725 ILCS 150/17
6    725 ILCS 175/5from Ch. 56 1/2, par. 1655
7    725 ILCS 175/5.2from Ch. 56 1/2, par. 1655.2
8    725 ILCS 202/5
9    725 ILCS 202/10
10    725 ILCS 202/15
11    725 ILCS 202/20
12    725 ILCS 202/25
13    725 ILCS 202/35
14    725 ILCS 202/42
15    725 ILCS 202/45
16    725 ILCS 202/50
17    725 ILCS 203/15
18    725 ILCS 203/20
19    725 ILCS 203/35
20    725 ILCS 207/45
21    730 ILCS 5/3-2-2from Ch. 38, par. 1003-2-2
22    730 ILCS 5/3-2.7-25
23    730 ILCS 5/3-3-2from Ch. 38, par. 1003-3-2
24    730 ILCS 5/3-14-1from Ch. 38, par. 1003-14-1
25    730 ILCS 5/3-14-1.5
26    730 ILCS 5/3-17-5

 

 

SB2037- 2477 -LRB102 17120 WGH 22551 b

1    730 ILCS 5/5-2-4from Ch. 38, par. 1005-2-4
2    730 ILCS 5/5-4-3from Ch. 38, par. 1005-4-3
3    730 ILCS 5/5-4-3a
4    730 ILCS 5/5-4-3b
5    730 ILCS 5/5-5-4from Ch. 38, par. 1005-5-4
6    730 ILCS 5/5-5.5-40
7    730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3
8    730 ILCS 5/5-9-1.2from Ch. 38, par. 1005-9-1.2
9    730 ILCS 5/5-9-1.4from Ch. 38, par. 1005-9-1.4
10    730 ILCS 5/5-9-1.9
11    730 ILCS 148/10
12    730 ILCS 148/15
13    730 ILCS 148/20
14    730 ILCS 148/25
15    730 ILCS 148/30
16    730 ILCS 148/35
17    730 ILCS 148/45
18    730 ILCS 148/50
19    730 ILCS 148/55
20    730 ILCS 148/60
21    730 ILCS 148/70
22    730 ILCS 148/75
23    730 ILCS 148/80
24    730 ILCS 150/3
25    730 ILCS 150/4from Ch. 38, par. 224
26    730 ILCS 150/5from Ch. 38, par. 225

 

 

SB2037- 2478 -LRB102 17120 WGH 22551 b

1    730 ILCS 150/5-5
2    730 ILCS 150/5-10
3    730 ILCS 150/6
4    730 ILCS 150/7from Ch. 38, par. 227
5    730 ILCS 150/8from Ch. 38, par. 228
6    730 ILCS 150/8-5
7    730 ILCS 150/11
8    730 ILCS 152/115
9    730 ILCS 152/116
10    730 ILCS 152/117
11    730 ILCS 152/120
12    730 ILCS 152/121
13    730 ILCS 154/10
14    730 ILCS 154/11
15    730 ILCS 154/13
16    730 ILCS 154/15
17    730 ILCS 154/20
18    730 ILCS 154/25
19    730 ILCS 154/30
20    730 ILCS 154/40
21    730 ILCS 154/45
22    730 ILCS 154/46
23    730 ILCS 154/50
24    730 ILCS 154/85
25    730 ILCS 154/90
26    730 ILCS 154/95

 

 

SB2037- 2479 -LRB102 17120 WGH 22551 b

1    730 ILCS 154/100
2    730 ILCS 180/10
3    730 ILCS 180/15
4    730 ILCS 195/15
5    735 ILCS 5/2-202from Ch. 110, par. 2-202
6    735 ILCS 5/2-702
7    735 ILCS 5/21-101from Ch. 110, par. 21-101
8    735 ILCS 5/21-102from Ch. 110, par. 21-102
9    735 ILCS 5/21-102.5
10    735 ILCS 5/21-103from Ch. 110, par. 21-103
11    740 ILCS 21/80
12    740 ILCS 21/115
13    740 ILCS 21/135
14    740 ILCS 22/218
15    740 ILCS 22/302
16    740 ILCS 40/1from Ch. 100 1/2, par. 14
17    740 ILCS 40/3from Ch. 100 1/2, par. 16
18    740 ILCS 40/7from Ch. 100 1/2, par. 20
19    740 ILCS 110/12from Ch. 91 1/2, par. 812
20    740 ILCS 110/12.2from Ch. 91 1/2, par. 812.2
21    740 ILCS 175/2from Ch. 127, par. 4102
22    740 ILCS 175/4from Ch. 127, par. 4104
23    740 ILCS 175/8from Ch. 127, par. 4108
24    750 ILCS 5/607.5
25    750 ILCS 50/6from Ch. 40, par. 1508
26    750 ILCS 50/12.3

 

 

SB2037- 2480 -LRB102 17120 WGH 22551 b

1    750 ILCS 60/214from Ch. 40, par. 2312-14
2    750 ILCS 60/217from Ch. 40, par. 2312-17
3    750 ILCS 60/220from Ch. 40, par. 2312-20
4    750 ILCS 60/222from Ch. 40, par. 2312-22
5    750 ILCS 60/222.5
6    750 ILCS 60/302from Ch. 40, par. 2313-2
7    755 ILCS 5/2-6.6
8    755 ILCS 5/11a-24
9    760 ILCS 55/16.5
10    765 ILCS 1026/15-705
11    765 ILCS 1030/2from Ch. 141, par. 142
12    775 ILCS 5/2-103from Ch. 68, par. 2-103
13    775 ILCS 40/60
14    805 ILCS 405/5from Ch. 96, par. 8
15    815 ILCS 325/6.5
16    815 ILCS 505/2L
17    820 ILCS 70/5
18    820 ILCS 405/1900from Ch. 48, par. 640