102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB4208

 

Introduced 11/14/2022, by Sen. Rachelle Crowe

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Police Training Act. Deletes provisions that for 4 years after the end of each reporting period, each certified law enforcement officer shall maintain sufficient documentation necessary to corroborate compliance with the mandatory training requirements under the Act. Deletes specific minimum hours of training in certain areas. Amends the Interference With Penal Institution Article of the Criminal Code of 2012. In the definition of "firearm", deletes language providing that a firearm includes any device that is powered by electrical charging units, such as batteries, and that fires one or several barbs attached to a length of wire and that, upon hitting a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him or her incapable of normal functioning, commonly referred to as a stun gun or taser. Amends the Code of Criminal Procedure of 1963. Provides that a law enforcement officer shall issue a citation in lieu of custodial arrest, upon proper identification, for a person accused of a Class B misdemeanor offense, a Class C misdemeanor offense, a petty offense, or a business offense. Provides an exemption if: (1) a law enforcement officer reasonably believes the accused poses a threat to the community or any person or that in the mind of the law enforcement officer a custodial arrest is necessary to discontinue the criminal behavior or breach of the peace, or (2) a custodial arrest is necessary to address an obvious medical or mental health issue that poses a risk to an individual's own safety. Deletes language providing that those released on citation shall be scheduled into court within 21 days. Deletes language providing that if a defendant is charged with a felony offense, but has a warrant in another county, the defendant shall be taken to the county that issued the warrant within 72 hours of the completion of condition or detention hearing, so that release or detention status can be resolved. Amends the Unified Code of Corrections. Deletes from the electronic monitoring and home detention provisions that an offender who violates the terms or conditions of electronic monitoring or home detention must remain in violation for at least 48 hours in order for the offender to be guilty of a violation.


LRB102 27278 RLC 39065 b

 

 

A BILL FOR

 

SB4208LRB102 27278 RLC 39065 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Police Training Act is amended by
5changing Sections 8.4, 10.6, and 10.17 as follows:
 
6    (50 ILCS 705/8.4)
7    Sec. 8.4. Law enforcement compliance verification.
8    (a)(1) Unless on inactive status under subsection (b) of
9Section 8.1 or subsection (b) of Section 8.2, every law
10enforcement officer subject to this Act shall submit a
11verification form that confirms compliance with this Act. The
12verification shall apply to the 3 calendar years preceding the
13date of verification. Law enforcement officers shall submit
14the officer's first report by January 30 during the initial
15three-year reporting period, as determined on the basis of the
16law enforcement officer's last name under paragraph (2) of
17this subsection then every third year of the officer's
18applicable three-year report period as determined by the
19Board. At the conclusion of each law enforcement officer's
20applicable reporting period, the chief administrative officer
21of the officer's law enforcement agency is to determine the
22compliance of each officer under this Section. An officer may
23verify their successful completion of training requirements

 

 

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1with their law enforcement agency. Each law enforcement
2officer is responsible for reporting and demonstrating
3compliance to the officer's chief administrative officer.
4    (2) The applicable three-year reporting period shall begin
5on January 30, 2023 for law enforcement officers whose last
6names being with the letters A through G, on January 30, 2024
7for law enforcement officers whose last names being with the
8letters H through O, and January 30, 2025 for law enforcement
9officers whose last names being with the letters P through Z.
10    (3) The compliance verification form shall be in a form
11and manner prescribed by the Board and, at a minimum, include
12the following: (i) verification that the law enforcement
13officer has completed the mandatory training programs in the
14preceding 3 years; (ii) the law enforcement officer's current
15employment information, including but not limited to, the
16termination of any previous law enforcement or security
17employment in the relevant time period; and (iii) a statement
18verifying that the officer has not committed misconduct under
19Section 6.1.
20    (b) (1) On October 1 of each year, the Board shall send
21notice to all certified law enforcement officers, unless
22exempted in (a), of the upcoming deadline to submit the
23compliance verification form. No later than March 1 of each
24year, the Board shall send notice to all certified law
25enforcement officers who have failed to submit the compliance
26verification form, as well as the officer's law enforcement

 

 

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1agencies. The Board shall not send a notice of noncompliance
2to law enforcement officers whom the Board knows, based on the
3status of the law enforcement officer's certification status,
4are inactive or retired. The Board may accept compliance
5verification forms until April 1 of the year in which a law
6enforcement officer is required to submit the form.
7    (2) No earlier than April 1 of the year in which a law
8enforcement officer is required to submit a verification form,
9the Board may determine a law enforcement officer's
10certification to be inactive if the law enforcement officer
11failed to either: (1) submit a compliance verification in
12accordance with this Section; or (2) report an exemption from
13the requirements of this Section. The Board shall then send
14notice, by mail or email, to any such law enforcement officer
15and the officer's law enforcement agency that the officer's
16certificate will be deemed inactive on the date specified in
17the notice, which shall be no sooner than 21 days from the date
18of the notice, because of the officer's failure to comply or
19report compliance, or failure to report an exemption. The
20Board shall deem inactive the certificate of such law
21enforcement officers on the date specified in the notice
22unless the Board determines before that date that the law
23enforcement officer has complied. A determination that a
24certificate is inactive under this section is not a
25disciplinary sanction.
26    (3) A law enforcement officer who was on inactive status

 

 

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1shall, upon return to active status, be required to complete
2the deferred training programs within 1 year.
3    (4) The Board may waive the reporting requirements, as
4required in this section, if the law enforcement officer or
5the officer's law enforcement agency demonstrates the
6existence of mitigating circumstances justifying the law
7enforcement officer's failure to obtain the training
8requirements due to failure of the officer's law enforcement
9agency or the Board to offer the training requirement during
10the officer's required compliance verification period. If the
11Board finds that the law enforcement officer can meet the
12training requirements with extended time, the Board may allow
13the law enforcement officer a maximum of six additional months
14to complete the requirements.
15    (5) A request for a training waiver under this subsection
16due to the mitigating circumstance shall be in writing,
17accompanied by verifying documentation, and shall be submitted
18to the Board not less than 30 days before the end of the law
19enforcement officer's required compliance verification period.
20    (6) A law enforcement officer whose request for waiver
21under this subsection is denied, is entitled to a request for a
22review by the Board. The law enforcement officer or the
23officer's law enforcement agency must request a review within
2420 days after the waiver being denied. The burden of proof
25shall be on the law enforcement officer to show why the officer
26is entitled to a waiver.

 

 

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1    (c) Recordkeeping and audits.
2        (1) (Blank). For four years after the end of each
3    reporting period, each certified law enforcement officer
4    shall maintain sufficient documentation necessary to
5    corroborate compliance with the mandatory training
6    requirements under this Act.
7        (2) Notwithstanding any other provision in state law,
8    for 4 four years after the end of each reporting period,
9    each law enforcement agency shall maintain sufficient
10    documentation necessary to corroborate compliance with the
11    mandatory training requirements under this Act of each
12    officer it employs or employed within the relevant time
13    period.
14        (3) The Board may audit compliance verification forms
15    submitted to determine the accuracy of the submissions.
16    The audit may include but is not limited to, training
17    verification and a law enforcement officer background
18    check.
19    (d) Audits that reveal an inaccurate verification.
20        (1) If an audit conducted under paragraph (3) of
21    subsection (c) of this Section reveals inaccurate
22    information, the Board shall provide the law enforcement
23    officer and employing law enforcement agency with written
24    notice containing: (i) the results of the audit,
25    specifying each alleged inaccuracy; (ii) a summary of the
26    basis of that determination; and (iii) a deadline, which

 

 

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1    shall be at least 30 days from the date of the notice, for
2    the law enforcement officer to file a written response if
3    the law enforcement officer objects to any of the contents
4    of the notice.
5        (2) After considering any response from the law
6    enforcement officer, if the Board determines that the law
7    enforcement officer filed an inaccurate verification, the
8    law enforcement officer shall be given 60 days in which to
9    file an amended verification form, together with all
10    documentation specified in paragraph (e)(1), demonstrating
11    full compliance with the applicable requirements.
12        (3) If the results of the audit suggest that the law
13    enforcement officer willfully filed a false verification
14    form, the Board shall submit a formal complaint to the
15    Panel for decertification. An officer who has been
16    decertified for willfully filing a false verification form
17    shall not be eligible for reactivation under subsection
18    (e).
19    (e) Reactivation. A law enforcement officer who has been
20deemed inactive due to noncompliance with the reporting
21requirements under paragraph (a)(1) may request to have the
22Board re-activate his or her certification upon submitting a
23compliance verification form that shows full compliance for
24the period in which the law enforcement officer was deemed
25inactive due to noncompliance. The Board shall make a
26determination regarding a submission under this subsection

 

 

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1active no later than 7 days after the Board determines full
2compliance or continued noncompliance.
3    A law enforcement officer whose request for reactivation
4under this subsection (e) is denied is entitled to request a
5review by the Board. The law enforcement officer or the
6officer's law enforcement agency must request a review within
720 days after reactivation being denied. The burden of proof
8shall be on the law enforcement officer or law enforcement
9agency to show that the officer is in full compliance.
10    (f) Notwithstanding any provision of law to the contrary,
11the changes made to this Section by this amendatory Act of the
12102nd General Assembly and Public Act 101-652 take effect July
131, 2022.
14(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
 
15    (50 ILCS 705/10.6)
16    Sec. 10.6. Mandatory training to be completed every 3
17years.
18    (a) The Board shall adopt rules and minimum standards for
19in-service training requirements as set forth in this Section.
20The training shall provide officers with knowledge of policies
21and laws regulating the use of force; equip officers with
22tactics and skills, including de-escalation techniques, to
23prevent or reduce the need to use force or, when force must be
24used, to use force that is objectively reasonable, necessary,
25and proportional under the totality of the circumstances; and

 

 

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1ensure appropriate supervision and accountability. The
2training shall include:
3        (1) Hands-on At least 12 hours of hands-on,
4    scenario-based role-playing.
5        (2) Instruction At least 6 hours of instruction on use
6    of force techniques, including the use of de-escalation
7    techniques to prevent or reduce the need for force
8    whenever safe and feasible.
9        (3) Specific training on the law concerning stops,
10    searches, and the use of force under the Fourth Amendment
11    to the United States Constitution.
12        (4) Specific training on officer safety techniques,
13    including cover, concealment, and time.
14        (5) Training At least 6 hours of training focused on
15    high-risk traffic stops.
16    (b) Notwithstanding any provision of law to the contrary,
17the changes made to this Section by this amendatory Act of the
18102nd General Assembly, Public Act 101-652, and Public Act
19102-28, and Public Act 102-694 take effect July 1, 2022.
20    This Section takes effect January 1, 2022.
21(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
22102-694, eff. 1-7-22; revised 2-3-22.)
 
23    (50 ILCS 705/10.17)
24    Sec. 10.17. Crisis intervention team training; mental
25health awareness training.

 

 

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1    (a) The Illinois Law Enforcement Training Standards Board
2shall develop and approve a standard curriculum for certified
3training programs in crisis intervention, including a
4specialty certification course of at least 40 hours,
5addressing specialized policing responses to people with
6mental illnesses. The Board shall conduct Crisis Intervention
7Team (CIT) training programs that train officers to identify
8signs and symptoms of mental illness, to de-escalate
9situations involving individuals who appear to have a mental
10illness, and connect that person in crisis to treatment.
11Crisis Intervention Team (CIT) training programs shall be a
12collaboration between law enforcement professionals, mental
13health providers, families, and consumer advocates and must
14minimally include the following components: (1) basic
15information about mental illnesses and how to recognize them;
16(2) information about mental health laws and resources; (3)
17learning from family members of individuals with mental
18illness and their experiences; and (4) verbal de-escalation
19training and role-plays. Officers who have successfully
20completed this program shall be issued a certificate attesting
21to their attendance of a Crisis Intervention Team (CIT)
22training program.
23    (b) The Board shall create an introductory course
24incorporating adult learning models that provides law
25enforcement officers with an awareness of mental health issues
26including a history of the mental health system, types of

 

 

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1mental health illness including signs and symptoms of mental
2illness and common treatments and medications, and the
3potential interactions law enforcement officers may have on a
4regular basis with these individuals, their families, and
5service providers including de-escalating a potential crisis
6situation. This course, in addition to other traditional
7learning settings, may be made available in an electronic
8format.
9    The amendatory changes to this Section made by Public Act
10101-652 shall take effect January 1, 2022.
11(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
 
12    Section 10. The Criminal Code of 2012 is amended by
13changing Section 31A-0.1 as follows:
 
14    (720 ILCS 5/31A-0.1)
15    (Text of Section before amendment by P.A. 101-652)
16    Sec. 31A-0.1. Definitions. For the purposes of this
17Article:
18    "Deliver" or "delivery" means the actual, constructive or
19attempted transfer of possession of an item of contraband,
20with or without consideration, whether or not there is an
21agency relationship.
22    "Employee" means any elected or appointed officer, trustee
23or employee of a penal institution or of the governing
24authority of the penal institution, or any person who performs

 

 

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1services for the penal institution pursuant to contract with
2the penal institution or its governing authority.
3    "Item of contraband" means any of the following:
4        (i) "Alcoholic liquor" as that term is defined in
5    Section 1-3.05 of the Liquor Control Act of 1934.
6        (ii) "Cannabis" as that term is defined in subsection
7    (a) of Section 3 of the Cannabis Control Act.
8        (iii) "Controlled substance" as that term is defined
9    in the Illinois Controlled Substances Act.
10        (iii-a) "Methamphetamine" as that term is defined in
11    the Illinois Controlled Substances Act or the
12    Methamphetamine Control and Community Protection Act.
13        (iv) "Hypodermic syringe" or hypodermic needle, or any
14    instrument adapted for use of controlled substances or
15    cannabis by subcutaneous injection.
16        (v) "Weapon" means any knife, dagger, dirk, billy,
17    razor, stiletto, broken bottle, or other piece of glass
18    which could be used as a dangerous weapon. This term
19    includes any of the devices or implements designated in
20    subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of
21    this Code, or any other dangerous weapon or instrument of
22    like character.
23        (vi) "Firearm" means any device, by whatever name
24    known, which is designed to expel a projectile or
25    projectiles by the action of an explosion, expansion of
26    gas or escape of gas, including but not limited to:

 

 

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1            (A) any pneumatic gun, spring gun, or B-B gun
2        which expels a single globular projectile not
3        exceeding .18 inch in diameter; or
4            (B) any device used exclusively for signaling or
5        safety and required as recommended by the United
6        States Coast Guard or the Interstate Commerce
7        Commission; or
8            (C) any device used exclusively for the firing of
9        stud cartridges, explosive rivets or industrial
10        ammunition; or
11            (D) any device which is powered by electrical
12        charging units, such as batteries, and which fires one
13        or several barbs attached to a length of wire and
14        which, upon hitting a human, can send out current
15        capable of disrupting the person's nervous system in
16        such a manner as to render him or her incapable of
17        normal functioning, commonly referred to as a stun gun
18        or taser.
19        (vii) "Firearm ammunition" means any self-contained
20    cartridge or shotgun shell, by whatever name known, which
21    is designed to be used or adaptable to use in a firearm,
22    including but not limited to:
23            (A) any ammunition exclusively designed for use
24        with a device used exclusively for signaling or safety
25        and required or recommended by the United States Coast
26        Guard or the Interstate Commerce Commission; or

 

 

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1            (B) any ammunition designed exclusively for use
2        with a stud or rivet driver or other similar
3        industrial ammunition.
4        (viii) "Explosive" means, but is not limited to, bomb,
5    bombshell, grenade, bottle or other container containing
6    an explosive substance of over one-quarter ounce for like
7    purposes such as black powder bombs and Molotov cocktails
8    or artillery projectiles.
9        (ix) "Tool to defeat security mechanisms" means, but
10    is not limited to, handcuff or security restraint key,
11    tool designed to pick locks, popper, or any device or
12    instrument used to or capable of unlocking or preventing
13    from locking any handcuff or security restraints, doors to
14    cells, rooms, gates or other areas of the penal
15    institution.
16        (x) "Cutting tool" means, but is not limited to,
17    hacksaw blade, wirecutter, or device, instrument or file
18    capable of cutting through metal.
19        (xi) "Electronic contraband" for the purposes of
20    Section 31A-1.1 of this Article means, but is not limited
21    to, any electronic, video recording device, computer, or
22    cellular communications equipment, including, but not
23    limited to, cellular telephones, cellular telephone
24    batteries, videotape recorders, pagers, computers, and
25    computer peripheral equipment brought into or possessed in
26    a penal institution without the written authorization of

 

 

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1    the Chief Administrative Officer. "Electronic contraband"
2    for the purposes of Section 31A-1.2 of this Article,
3    means, but is not limited to, any electronic, video
4    recording device, computer, or cellular communications
5    equipment, including, but not limited to, cellular
6    telephones, cellular telephone batteries, videotape
7    recorders, pagers, computers, and computer peripheral
8    equipment.
9    "Penal institution" means any penitentiary, State farm,
10reformatory, prison, jail, house of correction, police
11detention area, half-way house or other institution or place
12for the incarceration or custody of persons under sentence for
13offenses awaiting trial or sentence for offenses, under arrest
14for an offense, a violation of probation, a violation of
15parole, a violation of aftercare release, or a violation of
16mandatory supervised release, or awaiting a bail setting
17hearing or preliminary hearing; provided that where the place
18for incarceration or custody is housed within another public
19building this Article shall not apply to that part of the
20building unrelated to the incarceration or custody of persons.
21(Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14.)
 
22    (Text of Section after amendment by P.A. 101-652)
23    Sec. 31A-0.1. Definitions. For the purposes of this
24Article:
25    "Deliver" or "delivery" means the actual, constructive or

 

 

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1attempted transfer of possession of an item of contraband,
2with or without consideration, whether or not there is an
3agency relationship.
4    "Employee" means any elected or appointed officer, trustee
5or employee of a penal institution or of the governing
6authority of the penal institution, or any person who performs
7services for the penal institution pursuant to contract with
8the penal institution or its governing authority.
9    "Item of contraband" means any of the following:
10        (i) "Alcoholic liquor" as that term is defined in
11    Section 1-3.05 of the Liquor Control Act of 1934.
12        (ii) "Cannabis" as that term is defined in subsection
13    (a) of Section 3 of the Cannabis Control Act.
14        (iii) "Controlled substance" as that term is defined
15    in the Illinois Controlled Substances Act.
16        (iii-a) "Methamphetamine" as that term is defined in
17    the Illinois Controlled Substances Act or the
18    Methamphetamine Control and Community Protection Act.
19        (iv) "Hypodermic syringe" or hypodermic needle, or any
20    instrument adapted for use of controlled substances or
21    cannabis by subcutaneous injection.
22        (v) "Weapon" means any knife, dagger, dirk, billy,
23    razor, stiletto, broken bottle, or other piece of glass
24    which could be used as a dangerous weapon. This term
25    includes any of the devices or implements designated in
26    subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of

 

 

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1    this Code, or any other dangerous weapon or instrument of
2    like character.
3        (vi) "Firearm" means any device, by whatever name
4    known, which is designed to expel a projectile or
5    projectiles by the action of an explosion, expansion of
6    gas or escape of gas, including but not limited to:
7            (A) any pneumatic gun, spring gun, or B-B gun
8        which expels a single globular projectile not
9        exceeding .18 inch in diameter; or
10            (B) any device used exclusively for signaling or
11        safety and required as recommended by the United
12        States Coast Guard or the Interstate Commerce
13        Commission; or
14            (C) any device used exclusively for the firing of
15        stud cartridges, explosive rivets or industrial
16        ammunition; or
17            (D) (blank). any device which is powered by
18        electrical charging units, such as batteries, and
19        which fires one or several barbs attached to a length
20        of wire and which, upon hitting a human, can send out
21        current capable of disrupting the person's nervous
22        system in such a manner as to render him or her
23        incapable of normal functioning, commonly referred to
24        as a stun gun or taser.
25        (vii) "Firearm ammunition" means any self-contained
26    cartridge or shotgun shell, by whatever name known, which

 

 

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1    is designed to be used or adaptable to use in a firearm,
2    including but not limited to:
3            (A) any ammunition exclusively designed for use
4        with a device used exclusively for signaling or safety
5        and required or recommended by the United States Coast
6        Guard or the Interstate Commerce Commission; or
7            (B) any ammunition designed exclusively for use
8        with a stud or rivet driver or other similar
9        industrial ammunition.
10        (viii) "Explosive" means, but is not limited to, bomb,
11    bombshell, grenade, bottle or other container containing
12    an explosive substance of over one-quarter ounce for like
13    purposes such as black powder bombs and Molotov cocktails
14    or artillery projectiles.
15        (ix) "Tool to defeat security mechanisms" means, but
16    is not limited to, handcuff or security restraint key,
17    tool designed to pick locks, popper, or any device or
18    instrument used to or capable of unlocking or preventing
19    from locking any handcuff or security restraints, doors to
20    cells, rooms, gates or other areas of the penal
21    institution.
22        (x) "Cutting tool" means, but is not limited to,
23    hacksaw blade, wirecutter, or device, instrument or file
24    capable of cutting through metal.
25        (xi) "Electronic contraband" for the purposes of
26    Section 31A-1.1 of this Article means, but is not limited

 

 

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1    to, any electronic, video recording device, computer, or
2    cellular communications equipment, including, but not
3    limited to, cellular telephones, cellular telephone
4    batteries, videotape recorders, pagers, computers, and
5    computer peripheral equipment brought into or possessed in
6    a penal institution without the written authorization of
7    the Chief Administrative Officer. "Electronic contraband"
8    for the purposes of Section 31A-1.2 of this Article,
9    means, but is not limited to, any electronic, video
10    recording device, computer, or cellular communications
11    equipment, including, but not limited to, cellular
12    telephones, cellular telephone batteries, videotape
13    recorders, pagers, computers, and computer peripheral
14    equipment.
15    "Penal institution" means any penitentiary, State farm,
16reformatory, prison, jail, house of correction, police
17detention area, half-way house or other institution or place
18for the incarceration or custody of persons under sentence for
19offenses awaiting trial or sentence for offenses, under arrest
20for an offense, a violation of probation, a violation of
21parole, a violation of aftercare release, or a violation of
22mandatory supervised release, or awaiting a hearing on the
23setting of conditions of pretrial release or preliminary
24hearing; provided that where the place for incarceration or
25custody is housed within another public building this Article
26shall not apply to that part of the building unrelated to the

 

 

SB4208- 19 -LRB102 27278 RLC 39065 b

1incarceration or custody of persons.
2(Source: P.A. 101-652, eff. 1-1-23.)
 
3    Section 15. The Code of Criminal Procedure of 1963 is
4amended by changing Sections 109-1 and 109-2 as follows:
 
5    (725 ILCS 5/109-1)  (from Ch. 38, par. 109-1)
6    (Text of Section before amendment by P.A. 101-652)
7    Sec. 109-1. Person arrested.
8    (a) A person arrested with or without a warrant shall be
9taken without unnecessary delay before the nearest and most
10accessible judge in that county, except when such county is a
11participant in a regional jail authority, in which event such
12person may be taken to the nearest and most accessible judge,
13irrespective of the county where such judge presides, and a
14charge shall be filed. Whenever a person arrested either with
15or without a warrant is required to be taken before a judge, a
16charge may be filed against such person by way of a two-way
17closed circuit television system, except that a hearing to
18deny bail to the defendant may not be conducted by way of
19closed circuit television.
20    (a-5) A person charged with an offense shall be allowed
21counsel at the hearing at which bail is determined under
22Article 110 of this Code. If the defendant desires counsel for
23his or her initial appearance but is unable to obtain counsel,
24the court shall appoint a public defender or licensed attorney

 

 

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

 

 

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1open court that any foreign national who is arrested or
2detained has the right to have notice of the arrest or
3detention given to his or her country's consular
4representatives and the right to communicate with those
5consular representatives if the notice has not already been
6provided. The court must make a written record of so advising
7the defendant.
8    (e) If consular notification is not provided to a
9defendant before his or her first appearance in court, the
10court shall grant any reasonable request for a continuance of
11the proceedings to allow contact with the defendant's
12consulate. Any delay caused by the granting of the request by a
13defendant shall temporarily suspend for the time of the delay
14the period within which a person shall be tried as prescribed
15by subsections (a), (b), or (e) of Section 103-5 of this Code
16and on the day of the expiration of delay the period shall
17continue at the point at which it was suspended.
18(Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1,
19eff. 1-1-18.)
 
20    (Text of Section after amendment by P.A. 101-652)
21    Sec. 109-1. Person arrested; release from law enforcement
22custody and court appearance; geographical constraints prevent
23in-person appearances.
24    (a) A person arrested with or without a warrant for an
25offense for which pretrial release may be denied under

 

 

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1paragraphs (1) through (6) of Section 110-6.1 shall be taken
2without unnecessary delay before the nearest and most
3accessible judge in that county, except when such county is a
4participant in a regional jail authority, in which event such
5person may be taken to the nearest and most accessible judge,
6irrespective of the county where such judge presides, and a
7charge shall be filed. Whenever a person arrested either with
8or without a warrant is required to be taken before a judge, a
9charge may be filed against such person by way of a two-way
10closed circuit television system, except that a hearing to
11deny pretrial release to the defendant may not be conducted by
12way of closed circuit television.
13    (a-1) A law enforcement officer shall issue a citation in
14lieu of custodial arrest, upon proper identification, for a
15person accused of a Class B misdemeanor offense, a Class C
16misdemeanor offense, a petty offense, or a business offense.
17However, this subsection does not apply if: (1) a law
18enforcement officer reasonably believes the accused poses a
19threat to the community or any person or that in the mind of
20the law enforcement officer a custodial arrest is necessary to
21discontinue the criminal behavior or breach of the peace, or
22(2) a custodial arrest is necessary to address an obvious
23medical or mental health issue that poses a risk to an
24individual's own safety. Law enforcement shall issue a
25citation in lieu of custodial arrest, upon proper
26identification, for those accused of traffic and Class B and C

 

 

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1criminal misdemeanor offenses, or of petty and business
2offenses, who pose no obvious threat to the community or any
3person, or who have no obvious medical or mental health issues
4that pose a risk to their own safety. Those released on
5citation shall be scheduled into court within 21 days.
6    (a-3) A person arrested with or without a warrant for an
7offense for which pretrial release may not be denied may,
8except as otherwise provided in this Code, be released by the
9officer without appearing before a judge. The releasing
10officer shall issue the person a summons to appear within 21
11days. A presumption in favor of pretrial release shall be by
12applied by an arresting officer in the exercise of his or her
13discretion under this Section.
14    (a-5) A person charged with an offense shall be allowed
15counsel at the hearing at which pretrial release is determined
16under Article 110 of this Code. If the defendant desires
17counsel for his or her initial appearance but is unable to
18obtain counsel, the court shall appoint a public defender or
19licensed attorney at law of this State to represent him or her
20for purposes of that hearing.
21    (b) Upon initial appearance of a person before the court,
22the judge shall:
23        (1) inform the defendant of the charge against him and
24    shall provide him with a copy of the charge;
25        (2) advise the defendant of his right to counsel and
26    if indigent shall appoint a public defender or licensed

 

 

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1    attorney at law of this State to represent him in
2    accordance with the provisions of Section 113-3 of this
3    Code;
4        (3) schedule a preliminary hearing in appropriate
5    cases;
6        (4) admit the defendant to pretrial release in
7    accordance with the provisions of Article 110 110/5 of
8    this Code, or upon verified petition of the State, proceed
9    with the setting of a detention hearing as provided in
10    Section 110-6.1; and
11        (5) order Order the confiscation of the person's
12    passport or impose travel restrictions on a defendant
13    arrested for first degree murder or other violent crime as
14    defined in Section 3 of the Rights of Crime Victims and
15    Witnesses Act, if the judge determines, based on the
16    factors in Section 110-5 of this Code, that this will
17    reasonably ensure the appearance of the defendant and
18    compliance by the defendant with all conditions of
19    release.
20    (c) The court may issue an order of protection in
21accordance with the provisions of Article 112A of this Code.
22Crime victims shall be given notice by the State's Attorney's
23office of this hearing as required in paragraph (2) of
24subsection (b) of Section 4.5 of the Rights of Crime Victims
25and Witnesses Act and shall be informed of their opportunity
26at this hearing to obtain an order of protection under Article

 

 

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1112A of this Code.
2    (d) At the initial appearance of a defendant in any
3criminal proceeding, the court must advise the defendant in
4open court that any foreign national who is arrested or
5detained has the right to have notice of the arrest or
6detention given to his or her country's consular
7representatives and the right to communicate with those
8consular representatives if the notice has not already been
9provided. The court must make a written record of so advising
10the defendant.
11    (e) If consular notification is not provided to a
12defendant before his or her first appearance in court, the
13court shall grant any reasonable request for a continuance of
14the proceedings to allow contact with the defendant's
15consulate. Any delay caused by the granting of the request by a
16defendant shall temporarily suspend for the time of the delay
17the period within which a person shall be tried as prescribed
18by subsection subsections (a), (b), or (e) of Section 103-5 of
19this Code and on the day of the expiration of delay the period
20shall continue at the point at which it was suspended.
21    (f) At the hearing at which conditions of pretrial release
22are determined, the person charged shall be present in person
23rather than by video phone or any other form of electronic
24communication, unless the physical health and safety of the
25person would be endangered by appearing in court or the
26accused waives the right to be present in person.

 

 

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1    (g) Defense counsel shall be given adequate opportunity to
2confer with the defendant Defendant prior to any hearing in
3which conditions of release or the detention of the defendant
4Defendant is to be considered, with a physical accommodation
5made to facilitate attorney/client consultation.
6(Source: P.A. 100-1, eff. 1-1-18; 101-652, eff. 1-1-23;
7revised 11-24-21.)
 
8    (725 ILCS 5/109-2)  (from Ch. 38, par. 109-2)
9    (Text of Section before amendment by P.A. 101-652)
10    Sec. 109-2. Person arrested in another county.
11    (a) Any person arrested in a county other than the one in
12which a warrant for his arrest was issued shall be taken
13without unnecessary delay before the nearest and most
14accessible judge in the county where the arrest was made or, if
15no additional delay is created, before the nearest and most
16accessible judge in the county from which the warrant was
17issued. He shall be admitted to bail in the amount specified in
18the warrant or, for offenses other than felonies, in an amount
19as set by the judge, and such bail shall be conditioned on his
20appearing in the court issuing the warrant on a certain date.
21The judge may hold a hearing to determine if the defendant is
22the same person as named in the warrant.
23    (b) Notwithstanding the provisions of subsection (a), any
24person arrested in a county other than the one in which a
25warrant for his arrest was issued, may waive the right to be

 

 

SB4208- 27 -LRB102 27278 RLC 39065 b

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

 

 

SB4208- 28 -LRB102 27278 RLC 39065 b

1If a person so arrested waives such right, the arresting
2agency shall surrender such person to a law enforcement agency
3of the county that issued the warrant without unnecessary
4delay. The provisions of Section 109-1 shall then apply to the
5person so arrested.
6    (c) (Blank). If a defendant is charged with a felony
7offense, but has a warrant in another county, the defendant
8shall be taken to the county that issued the warrant within 72
9hours of the completion of condition or detention hearing, so
10that release or detention status can be resolved. This
11provision shall not apply to warrants issued outside of
12Illinois.
13(Source: P.A. 101-652, eff. 1-1-23.)
 
14    Section 20. The Unified Code of Corrections is amended by
15changing Section 5-8A-4.1 as follows:
 
16    (730 ILCS 5/5-8A-4.1)
17    Sec. 5-8A-4.1. Escape; failure to comply with a condition
18of the electronic monitoring or home detention program.
19    (a) A person charged with or convicted of a felony, or
20charged with or adjudicated delinquent for an act which, if
21committed by an adult, would constitute a felony,
22conditionally released from the supervising authority through
23an electronic monitoring or home detention program, who
24knowingly violates a condition of the electronic monitoring or

 

 

SB4208- 29 -LRB102 27278 RLC 39065 b

1home detention program and remains in violation for at least
248 hours is guilty of a Class 3 felony.
3    (b) A person charged with or convicted of a misdemeanor,
4or charged with or adjudicated delinquent for an act which, if
5committed by an adult, would constitute a misdemeanor,
6conditionally released from the supervising authority through
7an electronic monitoring or home detention program, who
8knowingly violates a condition of the electronic monitoring or
9home detention program and remains in violation for at least
1048 hours is guilty of a Class B misdemeanor.
11    (c) A person who violates this Section while armed with a
12dangerous weapon is guilty of a Class 1 felony.
13(Source: P.A. 100-431, eff. 8-25-17; 101-652, eff. 7-1-21.)
 
14    Section 95. No acceleration or delay. Where this Act makes
15changes in a statute that is represented in this Act by text
16that is not yet or no longer in effect (for example, a Section
17represented by multiple versions), the use of that text does
18not accelerate or delay the taking effect of (i) the changes
19made by this Act or (ii) provisions derived from any other
20Public Act.

 

 

SB4208- 30 -LRB102 27278 RLC 39065 b

1 INDEX
2 Statutes amended in order of appearance
3    50 ILCS 705/8.4
4    50 ILCS 705/10.6
5    50 ILCS 705/10.17
6    720 ILCS 5/31A-0.1
7    725 ILCS 5/109-1from Ch. 38, par. 109-1
8    725 ILCS 5/109-2from Ch. 38, par. 109-2
9    730 ILCS 5/5-8A-4.1