Public Act 101-0652
 
HB3653 EnrolledLRB101 05541 RLC 50557 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
Article 1.
Statewide Use of Force Standardization

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

 
    Section 2-1. Short title. This Act may be cited as the No
Representation Without Population Act. References in this
Article to "this Act" mean this Article.
 
    Section 2-3. Definition. As used in this Act, "Department"
means the Department of Corrections.
 
    Section 2-5. Electronic records. The Department shall
collect and maintain an electronic record of the legal
residence, outside of any correctional facility, and other
demographic data for each person in custody or entering custody
on or after the effective date of this Act. At a minimum, this
record shall contain the person's last known complete street
address prior to incarceration, the person's race, whether the
person is of Hispanic or Latino origin, and whether the person
is 18 years of age or older. To the degree possible, the
Department shall also allow the legal residence to be updated
as appropriate.
 
    Section 2-10. Reports to the State Board of Elections.
    (a) Within 30 days after the effective date of this Act,
and thereafter, on or before May 1 of each year where the
federal decennial census is taken but in which the United
States Bureau of the Census allocates incarcerated persons as
residents of correctional facilities, the Department shall
deliver to the State Board of Elections the following
information:
        (1) A unique identifier, not including the name or
    Department-assigned inmate number, for each incarcerated
    person subject to the jurisdiction of the Department on the
    date for which the decennial census reports population. The
    unique identifier shall enable the State Board of Elections
    to address inquiries about specific address records to the
    Department, without making it possible for anyone outside
    of the Department to identify the inmate to whom the
    address record pertains.
        (2) The street address of the correctional facility
    where the person was incarcerated at the time of the
    report.
        (3) The last known address of the person prior to
    incarceration or other legal residence, if known.
        (4) The person's race, whether the person is of
    Hispanic or Latino origin, and whether the person is age 18
    or older, if known.
        (5) Any additional information as the State Board of
    Elections may request pursuant to law.
    (b) The Department shall provide the information specified
in subsection (a) in the form that the State Board of Elections
shall specify.
    (c) Notwithstanding any other provision of law, the
information required to be provided to the State Board of
Elections pursuant to this Section shall not include the name
of any incarcerated person and shall not allow for the
identification of any person therefrom, except to the
Department. The information shall be treated as confidential
and shall not be disclosed by the State Board of Elections
except as redistricting data aggregated by census block for
purposes specified in Section 2-20.
 
    Section 2-15. Federal facilities. The State Board of
Elections shall request each agency that operates a federal
facility in this State that incarcerates persons convicted of a
criminal offense to provide the State Board of Elections with a
report that includes the information listed in subsection (a)
of Section 2-10.
 
    Section 2-20. State Board of Elections; redistricting
data. The State Board of Elections shall prepare redistricting
population data to reflect incarcerated persons at their
residential address, pursuant to Section 2-25. The data
prepared by the State Board of Elections shall be the basis of
the Legislative and Representative Districts required to be
created pursuant to Section 3 of Article IV of the Illinois
Constitution of 1970. Incarcerated populations residing at
unknown geographic locations within the State, as determined
under paragraph (2) of subsection (c) of Section 2-25, shall
not be used to determine the ideal population of any set of
districts, wards, or precincts.
 
    Section 2-25. Determinations and data publication by the
State Board of Elections.
    (a) For each person included in a report received under
Sections 2-10 and 2-15, the State Board of Elections shall
determine the geographic units for which population counts are
reported in the federal decennial census that contain the
facility of incarceration and the legal residence as listed
according to the report.
    (b) For each person included in a report received under
Sections 2-10 and 2-15, if the legal residence is known and in
this State, the State Board of Elections shall:
        (1) ensure that the person is not represented in any
    population counts reported by the State Board of Elections
    for the geographic units that include the facility where
    the person was incarcerated, unless that geographic unit
    also includes the person's legal residence; and
        (2) ensure that any population counts reported by the
    State Board of Elections reflect the person's residential
    address as reported under Sections 2-10 and 2-15.
    (c) For each person included in a report received under
Sections 2-10 and 2-15 for whom a legal residence is unknown or
not in this State and for all persons reported in the census as
residing in a federal correctional facility for whom a report
was not provided, the State Board of Elections shall:
        (1) ensure that the person is not represented in any
    population counts reported by the State Board of Elections
    for the geographic units that include the facility where
    the person was incarcerated; and
        (2) allocate the person to a State unit not tied to a
    specific determined geographic location, as other State
    residents with unknown State addresses are allocated.
    (d) The data prepared by the State Board of Elections
pursuant to this Section shall be completed and published no
later than 30 days after the date that federal decennial census
data required to be published by Public Law 94-171 is published
for the State of Illinois.
 
    Section 2-30. Data; Legislative and Representative
Districts. The data prepared by the State Board of Elections in
Section 2-25 shall be used only as the basis for determining
Legislative and Representative Districts. Residences at
unknown geographic locations within the State under subsection
(c) of Section 2-25 shall not be used to determine the ideal
population of any set of districts, wards, or precincts. The
data prepared by the State Board of Elections in Section 2-25
shall not be used in the distribution of any State or federal
aid.
 
Article 3.
Deaths in Custody

 
    Section 3-1. Short title. This Article may be cited as the
Reporting of Deaths in Custody Act. References in this Article
to "this Act" mean this Article.
 
    Section 3-5. Report of deaths of persons in custody in
correctional institutions.
    (a) In this Act, "law enforcement agency" includes each law
enforcement entity within this State having the authority to
arrest and detain persons suspected of, or charged with,
committing a criminal offense, and each law enforcement entity
that operates a lock up, jail, prison, or any other facility
used to detain persons for legitimate law enforcement purposes.
    (b) In any case in which a person dies:
        (1) while in the custody of:
            (A) a law enforcement agency;
            (B) a local or State correctional facility in this
        State; or
            (C) a peace officer; or
        (2) as a result of the peace officer's use of force,
    the law enforcement agency shall investigate and report the
    death in writing to the Illinois Criminal Justice
    Information Authority, no later than 30 days after the date
    on which the person in custody or incarcerated died. The
    written report shall contain the following information:
            (A) facts concerning the death that are in the
        possession of the law enforcement agency in charge of
        the investigation and the correctional facility where
        the death occurred including, but not limited to, race,
        age, and gender of the decedent, and a brief
        description of the circumstances surrounding the
        death;
            (B) if the death occurred in the custody of the
        Illinois Department of Corrections, the report shall
        also include the jurisdiction, the law enforcement
        agency providing the investigation, and the local or
        State facility where the death occurred;
            (C) if the death occurred in the custody of the
        Illinois Department of Corrections, the report shall
        also include if emergency care was requested by the law
        enforcement agency in response to any illness, injury,
        self-inflicted or otherwise, or other issue related to
        rapid deterioration of physical wellness or human
        subsistence, and details concerning emergency care
        that were provided to the decedent if emergency care
        was provided.
    (c) The law enforcement agency and the involved
correctional administrators shall make a good faith effort to
obtain all relevant facts and circumstances relevant to the
death and include those in the report.
    (d) The Illinois Criminal Justice Information Authority
shall create a standardized form to be used for the purpose of
collecting information as described in subsection (b).
    (e) Law enforcement agencies shall use the form described
in subsection (d) to report all cases in which a person dies:
        (1) while in the custody of:
            (A) a law enforcement agency;
            (B) a local or State correctional facility in this
        State; or
            (C) a peace officer; or
        (2) as a result of the peace officer's use of force.
    (f) The Illinois Criminal Justice Information Authority
may determine the manner in which the form is transmitted from
a law enforcement agency to the Illinois Criminal Justice
Information Authority.
    (g) The reports shall be public records within the meaning
of subsection (c) of Section 2 of the Freedom of Information
Act and are open to public inspection, with the exception of
any portion of the report that the Illinois Criminal Justice
Information Authority determines is privileged or protected
under Illinois or federal law.
    (h) The Illinois Criminal Justice Information Authority
shall make available to the public information of all
individual reports relating to deaths in custody through the
Illinois Criminal Justice Information Authority's website to
be updated on a quarterly basis.
    (i) The Illinois Criminal Justice Information Authority
shall issue a public annual report tabulating and evaluating
trends and information on deaths in custody, including, but not
limited to:
        (1) information regarding the race, gender, sexual
    orientation, and gender identity of the decedent; and a
    brief description of the circumstances surrounding the
    death;
        (2) if the death occurred in the custody of the
    Illinois Department of Corrections, the report shall also
    include the jurisdiction, law enforcement agency providing
    the investigation, and local or State facility where the
    death occurred; and
        (3) recommendations and State and local efforts
    underway to reduce deaths in custody.
    The report shall be submitted to the Governor and General
Assembly and made available to the public on the Illinois
Criminal Justice Information Authority's website the first
week of February of each year.
    (j) So that the State may oversee the healthcare provided
to any person in the custody of each law enforcement agency
within this State, provision of medical services to these
persons, general care and treatment, and any other factors that
may contribute to the death of any of these persons, the
following information shall be made available to the public on
the Illinois Criminal Justice Information Authority's website:
        (1) the number of deaths that occurred during the
    preceding calendar year;
        (2) the known, or discoverable upon reasonable
    inquiry, causes and contributing factors of each of the
    in-custody deaths as defined in subsection (b); and
        (3) the law enforcement agency's policies, procedures,
    and protocols related to:
            (A) treatment of a person experiencing withdrawal
        from alcohol or substance use;
            (B) the facility's provision, or lack of
        provision, of medications used to treat, mitigate, or
        address a person's symptoms; and
            (C) notifying an inmate's next of kin after the
        inmate's in-custody death.
    (k) The family, next of kin, or any other person reasonably
nominated by the decedent as an emergency contact shall be
notified as soon as possible in a suitable manner giving an
accurate factual account of the cause of death and
circumstances surrounding the death in custody in accordance
with State and federal law.
    (l) The law enforcement agency or correctional facility
shall name a staff person to act as dedicated family liaison
officer to be a point of contact for the family, to make and
maintain contact with the family, to report ongoing
developments and findings of investigations, and to provide
information and practical support. If requested by the
deceased's next of kin, the law enforcement agency or
correctional facility shall arrange for a chaplain, counselor,
or other suitable staff member to meet with the family and
discuss any faith considerations or concerns. The family has a
right to the medical records of a family member who has died in
custody and these records shall be disclosed to them in
accordance with State and federal law.
    (m) It is unlawful for a person who is required under this
Section to investigate a death or file a report to fail to
include in the report facts known or discovered in the
investigation to the Illinois Criminal Justice Information
Authority. A violation of this Section is a petty offense, with
fine not to exceed $500.
 
Article 4.
Constitutional Rights and Remedies

 
    Section 4-1. Short title. This Article may be cited as the
Task Force on Constitutional Rights and Remedies Act.
References in this Article to "this Act" mean this Article.
 
    Section 4-5. Task Force on Constitutional Rights and
Remedies. The Task Force on Constitutional Rights and Remedies
is created. The purpose of the Task Force on Constitutional
Rights and Remedies is to develop and propose policies and
procedures to review and reform constitutional rights and
remedies, including qualified immunity for peace officers.
 
    Section 4-10. Task Force Members.
    (a) The Task Force on Constitutional Rights and Remedies
shall be comprised of the following members:
        (1) The president of statewide association
    representing trial lawyers or his or her designee, the
    executive director of a statewide association advocating
    for the advancement of civil liberties or his or her
    designee, a representative representing statewide labor,
    all appointed by the Governor.
        (2) Four members of the public appointed, one appointed
    by each the Speaker of the House of Representatives,
    Minority Leader of the House of Representatives, Minority
    Leader of the House of Representatives, President of the
    Senate, Minority Leader of the Senate.
        (3) The president of a statewide bar association or his
    or her designee, the executive director of a statewide
    association representing county sheriffs or his or her
    designee, the executive director of a statewide
    association representing chiefs of police, a
    representative of the Chicago Police Department, all
    appointed by the Governor.
        (4) The Director of the Illinois State Police or his or
    her designee.
        (5) The Attorney General, or his or her designee.
        (6) A retired judge appointed by the Governor.
        (7) one State Representative, appointed by the Speaker
    of the House of Representatives; one State Representative,
    appointed by the Minority Leader of the House of
    Representatives; one State Senator, appointed by the
    President of the Senate; one State Senator, appointed by
    the Minority Leader of the Senate.
    (b) The members of the Task Force shall serve without
compensation.
    (c) The Illinois Criminal Justice Information Authority
shall provide administrative and technical support to the Task
Force and be responsible for administering its operations,
appointing a chairperson, and ensuring that the requirements of
the Task Force are met. The President of the Senate and the
Speaker of the House of Representatives shall appoint
co-chairpersons for the Task Force. The Task Force shall have
all appointments made within 30 days of the effective date of
this amendatory Act of the 101st General Assembly.
 
    Section 4-15. Meetings; report.
    (a) The Task Force shall meet at least 3 times with the
first meeting occurring within 60 days after the effective date
of this amendatory Act of the 101st General Assembly.
    (b) The Task Force shall review available research, best
practices, and effective interventions to formulate
recommendations.
    (c) The Task Force shall produce a report detailing the
Task Force's findings and recommendations and needed
resources. The Task Force shall submit a report of its findings
and recommendations to the General Assembly and the Governor by
May 1, 2021.
 
    Section 4-20. Repeal. This Act is repealed on January 1,
2022.
 
Article 10.
Amendatory Provisions

 
    Section 10-105. The Statute on Statutes is amended by
adding Section 1.43 as follows:
 
    (5 ILCS 70/1.43 new)
    Sec. 1.43. Reference to bail, bail bond, or conditions of
bail. Whenever there is a reference in any Act to "bail", "bail
bond", or "conditions of bail", these terms shall be construed
as "pretrial release" or "conditions of pretrial release".
 
    Section 10-110. The Freedom of Information Act is amended
by changing Section 2.15 as follows:
 
    (5 ILCS 140/2.15)
    Sec. 2.15. Arrest reports and criminal history records.
    (a) Arrest reports. The following chronologically
maintained arrest and criminal history information maintained
by State or local criminal justice agencies shall be furnished
as soon as practical, but in no event later than 72 hours after
the arrest, notwithstanding the time limits otherwise provided
for in Section 3 of this Act: (i) information that identifies
the individual, including the name, age, address, and
photograph, when and if available; (ii) information detailing
any charges relating to the arrest; (iii) the time and location
of the arrest; (iv) the name of the investigating or arresting
law enforcement agency; (v) if the individual is incarcerated,
the conditions of pretrial release amount of any bail or bond;
and (vi) if the individual is incarcerated, the time and date
that the individual was received into, discharged from, or
transferred from the arresting agency's custody.
    (b) Criminal history records. The following documents
maintained by a public body pertaining to criminal history
record information are public records subject to inspection and
copying by the public pursuant to this Act: (i) court records
that are public; (ii) records that are otherwise available
under State or local law; and (iii) records in which the
requesting party is the individual identified, except as
provided under Section 7(1)(d)(vi).
    (c) Information described in items (iii) through (vi) of
subsection (a) may be withheld if it is determined that
disclosure would: (i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings conducted
by any law enforcement agency; (ii) endanger the life or
physical safety of law enforcement or correctional personnel or
any other person; or (iii) compromise the security of any
correctional facility.
    (d) The provisions of this Section do not supersede the
confidentiality provisions for law enforcement or arrest
records of the Juvenile Court Act of 1987.
    (e) Notwithstanding the requirements of subsection (a), a
law enforcement agency may not publish booking photographs,
commonly known as "mugshots", on its social networking website
in connection with civil offenses, petty offenses, business
offenses, Class C misdemeanors, and Class B misdemeanors unless
the booking photograph is posted to the social networking
website to assist in the search for a missing person or to
assist in the search for a fugitive, person of interest, or
individual wanted in relation to a crime other than a petty
offense, business offense, Class C misdemeanor, or Class B
misdemeanor. As used in this subsection, "social networking
website" has the meaning provided in Section 10 of the Right to
Privacy in the Workplace Act.
(Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19.)
 
    Section 10-115. The State Records Act is amended by
changing Section 4a as follows:
 
    (5 ILCS 160/4a)
    Sec. 4a. Arrest records and reports.
    (a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
        (1) Information that identifies the individual,
    including the name, age, address, and photograph, when and
    if available.
        (2) Information detailing any charges relating to the
    arrest.
        (3) The time and location of the arrest.
        (4) The name of the investigating or arresting law
    enforcement agency.
        (5) If the individual is incarcerated, the conditions
    of pretrial release amount of any bail or bond.
        (6) If the individual is incarcerated, the time and
    date that the individual was received, discharged, or
    transferred from the arresting agency's custody.
    (b) The information required by this Section must be made
available to the news media for inspection and copying as soon
as practicable, but in no event shall the time period exceed 72
hours from the arrest. The information described in paragraphs
(3), (4), (5), and (6) of subsection (a), however, may be
withheld if it is determined that disclosure would:
        (1) interfere with pending or actually and reasonably
    contemplated law enforcement proceedings conducted by any
    law enforcement or correctional agency;
        (2) endanger the life or physical safety of law
    enforcement or correctional personnel or any other person;
    or
        (3) compromise the security of any correctional
    facility.
    (c) For the purposes of this Section, the term "news media"
means personnel of a newspaper or other periodical issued at
regular intervals whether in print or electronic format, a news
service whether in print or electronic format, a radio station,
a television station, a television network, a community antenna
television service, or a person or corporation engaged in
making news reels or other motion picture news for public
showing.
    (d) Each law enforcement or correctional agency may charge
fees for arrest records, but in no instance may the fee exceed
the actual cost of copying and reproduction. The fees may not
include the cost of the labor used to reproduce the arrest
record.
    (e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
    (f) All information, including photographs, made available
under this Section is subject to the provisions of Section 2QQQ
of the Consumer Fraud and Deceptive Business Practices Act.
    (g) Notwithstanding the requirements of subsection (a), a
law enforcement agency may not publish booking photographs,
commonly known as "mugshots", on its social networking website
in connection with civil offenses, petty offenses, business
offenses, Class C misdemeanors, and Class B misdemeanors unless
the booking photograph is posted to the social networking
website to assist in the search for a missing person or to
assist in the search for a fugitive, person of interest, or
individual wanted in relation to a crime other than a petty
offense, business offense, Class C misdemeanor, or Class B
misdemeanor. As used in this subsection, "social networking
website" has the meaning provided in Section 10 of the Right to
Privacy in the Workplace Act.
(Source: P.A. 101-433, eff. 8-20-19.)
 
    Section 10-116. The Illinois Public Labor Relations Act is
amended by changing Section 14 as follows:
 
    (5 ILCS 315/14)  (from Ch. 48, par. 1614)
    Sec. 14. Security employee, peace officer and fire fighter
disputes.
    (a) In the case of collective bargaining agreements
involving units of security employees of a public employer,
Peace Officer Units, or units of fire fighters or paramedics,
and in the case of disputes under Section 18, unless the
parties mutually agree to some other time limit, mediation
shall commence 30 days prior to the expiration date of such
agreement or at such later time as the mediation services
chosen under subsection (b) of Section 12 can be provided to
the parties. In the case of negotiations for an initial
collective bargaining agreement, mediation shall commence upon
15 days notice from either party or at such later time as the
mediation services chosen pursuant to subsection (b) of Section
12 can be provided to the parties. In mediation under this
Section, if either party requests the use of mediation services
from the Federal Mediation and Conciliation Service, the other
party shall either join in such request or bear the additional
cost of mediation services from another source. The mediator
shall have a duty to keep the Board informed on the progress of
the mediation. If any dispute has not been resolved within 15
days after the first meeting of the parties and the mediator,
or within such other time limit as may be mutually agreed upon
by the parties, either the exclusive representative or employer
may request of the other, in writing, arbitration, and shall
submit a copy of the request to the Board.
    (b) Within 10 days after such a request for arbitration has
been made, the employer shall choose a delegate and the
employees' exclusive representative shall choose a delegate to
a panel of arbitration as provided in this Section. The
employer and employees shall forthwith advise the other and the
Board of their selections.
    (c) Within 7 days after the request of either party, the
parties shall request a panel of impartial arbitrators from
which they shall select the neutral chairman according to the
procedures provided in this Section. If the parties have agreed
to a contract that contains a grievance resolution procedure as
provided in Section 8, the chairman shall be selected using
their agreed contract procedure unless they mutually agree to
another procedure. If the parties fail to notify the Board of
their selection of neutral chairman within 7 days after receipt
of the list of impartial arbitrators, the Board shall appoint,
at random, a neutral chairman from the list. In the absence of
an agreed contract procedure for selecting an impartial
arbitrator, either party may request a panel from the Board.
Within 7 days of the request of either party, the Board shall
select from the Public Employees Labor Mediation Roster 7
persons who are on the labor arbitration panels of either the
American Arbitration Association or the Federal Mediation and
Conciliation Service, or who are members of the National
Academy of Arbitrators, as nominees for impartial arbitrator of
the arbitration panel. The parties may select an individual on
the list provided by the Board or any other individual mutually
agreed upon by the parties. Within 7 days following the receipt
of the list, the parties shall notify the Board of the person
they have selected. Unless the parties agree on an alternate
selection procedure, they shall alternatively strike one name
from the list provided by the Board until only one name
remains. A coin toss shall determine which party shall strike
the first name. If the parties fail to notify the Board in a
timely manner of their selection for neutral chairman, the
Board shall appoint a neutral chairman from the Illinois Public
Employees Mediation/Arbitration Roster.
    (d) The chairman shall call a hearing to begin within 15
days and give reasonable notice of the time and place of the
hearing. The hearing shall be held at the offices of the Board
or at such other location as the Board deems appropriate. The
chairman shall preside over the hearing and shall take
testimony. Any oral or documentary evidence and other data
deemed relevant by the arbitration panel may be received in
evidence. The proceedings shall be informal. Technical rules of
evidence shall not apply and the competency of the evidence
shall not thereby be deemed impaired. A verbatim record of the
proceedings shall be made and the arbitrator shall arrange for
the necessary recording service. Transcripts may be ordered at
the expense of the party ordering them, but the transcripts
shall not be necessary for a decision by the arbitration panel.
The expense of the proceedings, including a fee for the
chairman, shall be borne equally by each of the parties to the
dispute. The delegates, if public officers or employees, shall
continue on the payroll of the public employer without loss of
pay. The hearing conducted by the arbitration panel may be
adjourned from time to time, but unless otherwise agreed by the
parties, shall be concluded within 30 days of the time of its
commencement. Majority actions and rulings shall constitute
the actions and rulings of the arbitration panel. Arbitration
proceedings under this Section shall not be interrupted or
terminated by reason of any unfair labor practice charge filed
by either party at any time.
    (e) The arbitration panel may administer oaths, require the
attendance of witnesses, and the production of such books,
papers, contracts, agreements and documents as may be deemed by
it material to a just determination of the issues in dispute,
and for such purpose may issue subpoenas. If any person refuses
to obey a subpoena, or refuses to be sworn or to testify, or if
any witness, party or attorney is guilty of any contempt while
in attendance at any hearing, the arbitration panel may, or the
attorney general if requested shall, invoke the aid of any
circuit court within the jurisdiction in which the hearing is
being held, which court shall issue an appropriate order. Any
failure to obey the order may be punished by the court as
contempt.
    (f) At any time before the rendering of an award, the
chairman of the arbitration panel, if he is of the opinion that
it would be useful or beneficial to do so, may remand the
dispute to the parties for further collective bargaining for a
period not to exceed 2 weeks. If the dispute is remanded for
further collective bargaining the time provisions of this Act
shall be extended for a time period equal to that of the
remand. The chairman of the panel of arbitration shall notify
the Board of the remand.
    (g) At or before the conclusion of the hearing held
pursuant to subsection (d), the arbitration panel shall
identify the economic issues in dispute, and direct each of the
parties to submit, within such time limit as the panel shall
prescribe, to the arbitration panel and to each other its last
offer of settlement on each economic issue. The determination
of the arbitration panel as to the issues in dispute and as to
which of these issues are economic shall be conclusive. The
arbitration panel, within 30 days after the conclusion of the
hearing, or such further additional periods to which the
parties may agree, shall make written findings of fact and
promulgate a written opinion and shall mail or otherwise
deliver a true copy thereof to the parties and their
representatives and to the Board. As to each economic issue,
the arbitration panel shall adopt the last offer of settlement
which, in the opinion of the arbitration panel, more nearly
complies with the applicable factors prescribed in subsection
(h). The findings, opinions and order as to all other issues
shall be based upon the applicable factors prescribed in
subsection (h).
    (h) Where there is no agreement between the parties, or
where there is an agreement but the parties have begun
negotiations or discussions looking to a new agreement or
amendment of the existing agreement, and wage rates or other
conditions of employment under the proposed new or amended
agreement are in dispute, the arbitration panel shall base its
findings, opinions and order upon the following factors, as
applicable:
        (1) The lawful authority of the employer.
        (2) Stipulations of the parties.
        (3) The interests and welfare of the public and the
    financial ability of the unit of government to meet those
    costs.
        (4) Comparison of the wages, hours and conditions of
    employment of the employees involved in the arbitration
    proceeding with the wages, hours and conditions of
    employment of other employees performing similar services
    and with other employees generally:
            (A) In public employment in comparable
        communities.
            (B) In private employment in comparable
        communities.
        (5) The average consumer prices for goods and services,
    commonly known as the cost of living.
        (6) The overall compensation presently received by the
    employees, including direct wage compensation, vacations,
    holidays and other excused time, insurance and pensions,
    medical and hospitalization benefits, the continuity and
    stability of employment and all other benefits received.
        (7) Changes in any of the foregoing circumstances
    during the pendency of the arbitration proceedings.
        (8) Such other factors, not confined to the foregoing,
    which are normally or traditionally taken into
    consideration in the determination of wages, hours and
    conditions of employment through voluntary collective
    bargaining, mediation, fact-finding, arbitration or
    otherwise between the parties, in the public service or in
    private employment.
    (i) In the case of peace officers, the arbitration decision
shall be limited to wages, hours, and conditions of employment
(which may include residency requirements in municipalities
with a population under 100,000 1,000,000, but those residency
requirements shall not allow residency outside of Illinois) and
shall not include the following: i) residency requirements in
municipalities with a population of at least 100,000 1,000,000;
ii) the type of equipment, other than uniforms, issued or used;
iii) manning; iv) the total number of employees employed by the
department; v) mutual aid and assistance agreements to other
units of government; and vi) the criterion pursuant to which
force, including deadly force, can be used; provided, nothing
herein shall preclude an arbitration decision regarding
equipment or manning levels if such decision is based on a
finding that the equipment or manning considerations in a
specific work assignment involve a serious risk to the safety
of a peace officer beyond that which is inherent in the normal
performance of police duties. Limitation of the terms of the
arbitration decision pursuant to this subsection shall not be
construed to limit the factors upon which the decision may be
based, as set forth in subsection (h).
    In the case of fire fighter, and fire department or fire
district paramedic matters, the arbitration decision shall be
limited to wages, hours, and conditions of employment
(including manning and also including residency requirements
in municipalities with a population under 1,000,000, but those
residency requirements shall not allow residency outside of
Illinois) and shall not include the following matters: i)
residency requirements in municipalities with a population of
at least 1,000,000; ii) the type of equipment (other than
uniforms and fire fighter turnout gear) issued or used; iii)
the total number of employees employed by the department; iv)
mutual aid and assistance agreements to other units of
government; and v) the criterion pursuant to which force,
including deadly force, can be used; provided, however, nothing
herein shall preclude an arbitration decision regarding
equipment levels if such decision is based on a finding that
the equipment considerations in a specific work assignment
involve a serious risk to the safety of a fire fighter beyond
that which is inherent in the normal performance of fire
fighter duties. Limitation of the terms of the arbitration
decision pursuant to this subsection shall not be construed to
limit the facts upon which the decision may be based, as set
forth in subsection (h).
    The changes to this subsection (i) made by Public Act
90-385 (relating to residency requirements) do not apply to
persons who are employed by a combined department that performs
both police and firefighting services; these persons shall be
governed by the provisions of this subsection (i) relating to
peace officers, as they existed before the amendment by Public
Act 90-385.
    To preserve historical bargaining rights, this subsection
shall not apply to any provision of a fire fighter collective
bargaining agreement in effect and applicable on the effective
date of this Act; provided, however, nothing herein shall
preclude arbitration with respect to any such provision.
    (j) Arbitration procedures shall be deemed to be initiated
by the filing of a letter requesting mediation as required
under subsection (a) of this Section. The commencement of a new
municipal fiscal year after the initiation of arbitration
procedures under this Act, but before the arbitration decision,
or its enforcement, shall not be deemed to render a dispute
moot, or to otherwise impair the jurisdiction or authority of
the arbitration panel or its decision. Increases in rates of
compensation awarded by the arbitration panel may be effective
only at the start of the fiscal year next commencing after the
date of the arbitration award. If a new fiscal year has
commenced either since the initiation of arbitration
procedures under this Act or since any mutually agreed
extension of the statutorily required period of mediation under
this Act by the parties to the labor dispute causing a delay in
the initiation of arbitration, the foregoing limitations shall
be inapplicable, and such awarded increases may be retroactive
to the commencement of the fiscal year, any other statute or
charter provisions to the contrary, notwithstanding. At any
time the parties, by stipulation, may amend or modify an award
of arbitration.
    (k) Orders of the arbitration panel shall be reviewable,
upon appropriate petition by either the public employer or the
exclusive bargaining representative, by the circuit court for
the county in which the dispute arose or in which a majority of
the affected employees reside, but only for reasons that the
arbitration panel was without or exceeded its statutory
authority; the order is arbitrary, or capricious; or the order
was procured by fraud, collusion or other similar and unlawful
means. Such petitions for review must be filed with the
appropriate circuit court within 90 days following the issuance
of the arbitration order. The pendency of such proceeding for
review shall not automatically stay the order of the
arbitration panel. The party against whom the final decision of
any such court shall be adverse, if such court finds such
appeal or petition to be frivolous, shall pay reasonable
attorneys' fees and costs to the successful party as determined
by said court in its discretion. If said court's decision
affirms the award of money, such award, if retroactive, shall
bear interest at the rate of 12 percent per annum from the
effective retroactive date.
    (l) During the pendency of proceedings before the
arbitration panel, existing wages, hours, and other conditions
of employment shall not be changed by action of either party
without the consent of the other but a party may so consent
without prejudice to his rights or position under this Act. The
proceedings are deemed to be pending before the arbitration
panel upon the initiation of arbitration procedures under this
Act.
    (m) Security officers of public employers, and Peace
Officers, Fire Fighters and fire department and fire protection
district paramedics, covered by this Section may not withhold
services, nor may public employers lock out or prevent such
employees from performing services at any time.
    (n) All of the terms decided upon by the arbitration panel
shall be included in an agreement to be submitted to the public
employer's governing body for ratification and adoption by law,
ordinance or the equivalent appropriate means.
    The governing body shall review each term decided by the
arbitration panel. If the governing body fails to reject one or
more terms of the arbitration panel's decision by a 3/5 vote of
those duly elected and qualified members of the governing body,
within 20 days of issuance, or in the case of firefighters
employed by a state university, at the next regularly scheduled
meeting of the governing body after issuance, such term or
terms shall become a part of the collective bargaining
agreement of the parties. If the governing body affirmatively
rejects one or more terms of the arbitration panel's decision,
it must provide reasons for such rejection with respect to each
term so rejected, within 20 days of such rejection and the
parties shall return to the arbitration panel for further
proceedings and issuance of a supplemental decision with
respect to the rejected terms. Any supplemental decision by an
arbitration panel or other decision maker agreed to by the
parties shall be submitted to the governing body for
ratification and adoption in accordance with the procedures and
voting requirements set forth in this Section. The voting
requirements of this subsection shall apply to all disputes
submitted to arbitration pursuant to this Section
notwithstanding any contrary voting requirements contained in
any existing collective bargaining agreement between the
parties.
    (o) If the governing body of the employer votes to reject
the panel's decision, the parties shall return to the panel
within 30 days from the issuance of the reasons for rejection
for further proceedings and issuance of a supplemental
decision. All reasonable costs of such supplemental proceeding
including the exclusive representative's reasonable attorney's
fees, as established by the Board, shall be paid by the
employer.
    (p) Notwithstanding the provisions of this Section the
employer and exclusive representative may agree to submit
unresolved disputes concerning wages, hours, terms and
conditions of employment to an alternative form of impasse
resolution.
(Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)
 
    Section 10-116.5. The Community-Law Enforcement
Partnership for Deflection and Substance Use Disorder
Treatment Act is amended by changing Sections 1, 5, 10, 15, 20,
30, and 35 and by adding Section 21 as follows:
 
    (5 ILCS 820/1)
    Sec. 1. Short title. This Act may be cited as the
Community-Law Enforcement and Other First Responder
Partnership for Deflection and Substance Use Disorder
Treatment Act.
(Source: P.A. 100-1025, eff. 1-1-19.)
 
    (5 ILCS 820/5)
    Sec. 5. Purposes. The General Assembly hereby acknowledges
that opioid use disorders, overdoses, and deaths in Illinois
are persistent and growing concerns for Illinois communities.
These concerns compound existing challenges to adequately
address and manage substance use and mental health disorders.
Law enforcement officers, other first responders, and
co-responders have a unique opportunity to facilitate
connections to community-based behavioral health interventions
that provide substance use treatment and can help save and
restore lives; help reduce drug use, overdose incidence,
criminal offending, and recidivism; and help prevent arrest and
conviction records that destabilize health, families, and
opportunities for community citizenship and self-sufficiency.
These efforts are bolstered when pursued in partnership with
licensed behavioral health treatment providers and community
members or organizations. It is the intent of the General
Assembly to authorize law enforcement and other first
responders to develop and implement collaborative deflection
programs in Illinois that offer immediate pathways to substance
use treatment and other services as an alternative to
traditional case processing and involvement in the criminal
justice system, and to unnecessary admission to emergency
departments.
(Source: P.A. 100-1025, eff. 1-1-19.)
 
    (5 ILCS 820/10)
    Sec. 10. Definitions. In this Act:
    "Case management" means those services which will assist
persons in gaining access to needed social, educational,
medical, substance use and mental health treatment, and other
services.
    "Community member or organization" means an individual
volunteer, resident, public office, or a not-for-profit
organization, religious institution, charitable organization,
or other public body committed to the improvement of individual
and family mental and physical well-being and the overall
social welfare of the community, and may include persons with
lived experience in recovery from substance use disorder,
either themselves or as family members.
    "Other first responder" means and includes emergency
medical services providers that are public units of government,
fire departments and districts, and officials and responders
representing and employed by these entities.
    "Deflection program" means a program in which a peace
officer or member of a law enforcement agency or other first
responder facilitates contact between an individual and a
licensed substance use treatment provider or clinician for
assessment and coordination of treatment planning, including
co-responder approaches that incorporate behavioral health,
peer, or social work professionals with law enforcement or
other first responders at the scene. This facilitation includes
defined criteria for eligibility and communication protocols
agreed to by the law enforcement agency or other first
responder entity and the licensed treatment provider for the
purpose of providing substance use treatment to those persons
in lieu of arrest or further justice system involvement, or
unnecessary admissions to the emergency department. Deflection
programs may include, but are not limited to, the following
types of responses:
        (1) a post-overdose deflection response initiated by a
    peace officer or law enforcement agency subsequent to
    emergency administration of medication to reverse an
    overdose, or in cases of severe substance use disorder with
    acute risk for overdose;
        (2) a self-referral deflection response initiated by
    an individual by contacting a peace officer or law
    enforcement agency or other first responder in the
    acknowledgment of their substance use or disorder;
        (3) an active outreach deflection response initiated
    by a peace officer or law enforcement agency or other first
    responder as a result of proactive identification of
    persons thought likely to have a substance use disorder;
        (4) an officer or other first responder prevention
    deflection response initiated by a peace officer or law
    enforcement agency in response to a community call when no
    criminal charges are present; and
        (5) an officer intervention deflection response when
    criminal charges are present but held in abeyance pending
    engagement with treatment.
    "Law enforcement agency" means a municipal police
department or county sheriff's office of this State, the
Department of State Police, or other law enforcement agency
whose officers, by statute, are granted and authorized to
exercise powers similar to those conferred upon any peace
officer employed by a law enforcement agency of this State.
    "Licensed treatment provider" means an organization
licensed by the Department of Human Services to perform an
activity or service, or a coordinated range of those activities
or services, as the Department of Human Services may establish
by rule, such as the broad range of emergency, outpatient,
intensive outpatient, and residential services and care,
including assessment, diagnosis, case management, medical,
psychiatric, psychological and social services,
medication-assisted treatment, care and counseling, and
recovery support, which may be extended to persons to assess or
treat substance use disorder or to families of those persons.
    "Peace officer" means any peace officer or member of any
duly organized State, county, or municipal peace officer unit,
any police force of another State, or any police force whose
members, by statute, are granted and authorized to exercise
powers similar to those conferred upon any peace officer
employed by a law enforcement agency of this State.
    "Substance use disorder" means a pattern of use of alcohol
or other drugs leading to clinical or functional impairment, in
accordance with the definition in the Diagnostic and
Statistical Manual of Mental Disorders (DSM-5), or in any
subsequent editions.
    "Treatment" means the broad range of emergency,
outpatient, intensive outpatient, and residential services and
care (including assessment, diagnosis, case management,
medical, psychiatric, psychological and social services,
medication-assisted treatment, care and counseling, and
recovery support) which may be extended to persons who have
substance use disorders, persons with mental illness, or
families of those persons.
(Source: P.A. 100-1025, eff. 1-1-19.)
 
    (5 ILCS 820/15)
    Sec. 15. Authorization.
    (a) Any law enforcement agency or other first responder
entity may establish a deflection program subject to the
provisions of this Act in partnership with one or more licensed
providers of substance use disorder treatment services and one
or more community members or organizations. Programs
established by another first responder entity shall also
include a law enforcement agency.
    (b) The deflection program may involve a post-overdose
deflection response, a self-referral deflection response, an
active outreach deflection response, an officer or other first
responder prevention deflection response, or an officer
intervention deflection response, or any combination of those.
    (c) Nothing shall preclude the General Assembly from adding
other responses to a deflection program, or preclude a law
enforcement agency or other first responder entity from
developing a deflection program response based on a model
unique and responsive to local issues, substance use or mental
health needs, and partnerships, using sound and promising or
evidence-based practices.
    (c-5) Whenever appropriate and available, case management
should be provided by a licensed treatment provider or other
appropriate provider and may include peer recovery support
approaches.
    (d) To receive funding for activities as described in
Section 35 of this Act, planning for the deflection program
shall include:
        (1) the involvement of one or more licensed treatment
    programs and one or more community members or
    organizations; and
        (2) an agreement with the Illinois Criminal Justice
    Information Authority to collect and evaluate relevant
    statistical data related to the program, as established by
    the Illinois Criminal Justice Information Authority in
    paragraph (2) of subsection (a) of Section 25 of this Act.
        (3) an agreement with participating licensed treatment
    providers authorizing the release of statistical data to
    the Illinois Criminal Justice Information Authority, in
    compliance with State and Federal law, as established by
    the Illinois Criminal Justice Information Authority in
    paragraph (2) of subsection (a) of Section 25 of this Act.
(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
    (5 ILCS 820/20)
    Sec. 20. Procedure. The law enforcement agency or other
first responder entity, licensed treatment providers, and
community members or organizations shall establish a local
deflection program plan that includes protocols and procedures
for participant identification, screening or assessment,
treatment facilitation, reporting, and ongoing involvement of
the law enforcement agency. Licensed substance use disorder
treatment organizations shall adhere to 42 CFR Part 2 regarding
confidentiality regulations for information exchange or
release. Substance use disorder treatment services shall
adhere to all regulations specified in Department of Human
Services Administrative Rules, Parts 2060 and 2090.
(Source: P.A. 100-1025, eff. 1-1-19.)
 
    (5 ILCS 820/21 new)
    Sec. 21. Training. The law enforcement agency or other
first responder entity in programs that receive funding for
services under Section 35 of this Act shall and that receive
training under subsection (a.1) of Section 35 shall be trained
in:
        (a)Neuroscience of Addiction for Law Enforcement;
        (b)Medication-Assisted Treatment;
        (c)Criminogenic Risk-Need for Health and Safety;
        (d)Why Drug Treatment Works?;
        (e)Eliminating Stigma for People with Substance-Use
    Disorders and Mental Health;
        (f)Avoiding Racial Bias in Deflection Program;
        (g)Promotion Racial and Gender Equity in Deflection;
        (h)Working With Community Partnerships; and
        (i)Deflection in Rural Communities.
 
    (5 ILCS 820/30)
    Sec. 30. Exemption from civil liability. The law
enforcement agency or peace officer or other first responder
acting in good faith shall not, as the result of acts or
omissions in providing services under Section 15 of this Act,
be liable for civil damages, unless the acts or omissions
constitute willful and wanton misconduct.
(Source: P.A. 100-1025, eff. 1-1-19.)
 
    (5 ILCS 820/35)
    Sec. 35. Funding.
    (a) The General Assembly may appropriate funds to the
Illinois Criminal Justice Information Authority for the
purpose of funding law enforcement agencies or other first
responder entities for services provided by deflection program
partners as part of deflection programs subject to subsection
(d) of Section 15 of this Act.
    (a.1) Up to 10 percent of appropriated funds may be
expended on activities related to knowledge dissemination,
training, technical assistance, or other similar activities
intended to increase practitioner and public awareness of
deflection and/or to support its implementation. The Illinois
Criminal Justice Information Authority may adopt guidelines
and requirements to direct the distribution of funds for these
activities.
    (b) For all appropriated funds not distributed under
subsection a.1, the The Illinois Criminal Justice Information
Authority may adopt guidelines and requirements to direct the
distribution of funds for expenses related to deflection
programs. Funding shall be made available to support both new
and existing deflection programs in a broad spectrum of
geographic regions in this State, including urban, suburban,
and rural communities. Funding for deflection programs shall be
prioritized for communities that have been impacted by the war
on drugs, communities that have a police/community relations
issue, and communities that have a disproportionate lack of
access to mental health and drug treatment. Activities eligible
for funding under this Act may include, but are not limited to,
the following:
        (1) activities related to program administration,
    coordination, or management, including, but not limited
    to, the development of collaborative partnerships with
    licensed treatment providers and community members or
    organizations; collection of program data; or monitoring
    of compliance with a local deflection program plan;
        (2) case management including case management provided
    prior to assessment, diagnosis, and engagement in
    treatment, as well as assistance navigating and gaining
    access to various treatment modalities and support
    services;
        (3) peer recovery or recovery support services that
    include the perspectives of persons with the experience of
    recovering from a substance use disorder, either
    themselves or as family members;
        (4) transportation to a licensed treatment provider or
    other program partner location;
        (5) program evaluation activities.
        (6) naloxone and related supplies necessary for
    carrying out overdose reversal for purposes of
    distribution to program participants or for use by law
    enforcement or other first responders; and
        (7) treatment necessary to prevent gaps in service
    delivery between linkage and coverage by other funding
    sources when otherwise non-reimbursable.
    (c) Specific linkage agreements with recovery support
services or self-help entities may be a requirement of the
program services protocols. All deflection programs shall
encourage the involvement of key family members and significant
others as a part of a family-based approach to treatment. All
deflection programs are encouraged to use evidence-based
practices and outcome measures in the provision of substance
use disorder treatment and medication-assisted treatment for
persons with opioid use disorders.
(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
    Section 10-116.7. The Attorney General Act is amended by
adding Section 10 as follows:
 
    (15 ILCS 205/10 new)
    Sec. 10. Executive officers.
    (a) As used in this Section:
        (1)"Governmental authority" means any local
    governmental unit in this State, any municipal corporation
    in this State, or any governmental unit of the State of
    Illinois. This includes any office, officer, department,
    division, bureau, board, commission, or agency of the
    State.
        (2) "Officer" means any probationary law enforcement
    officer, probationary part-time law enforcement officer,
    permanent law enforcement officer, part-time law
    enforcement officer, law enforcement officer, recruit,
    probationary county corrections officer, permanent county
    corrections officer, county corrections officer,
    probationary court security officer, permanent court
    security officer, or court security officer as defined in
    Section 2 of the Police Training Act.
    (b) No governmental authority, or agent of a governmental
authority, or person acting on behalf of a governmental
authority, shall engage in a pattern or practice of conduct by
officers that deprives any person of rights, privileges, or
immunities secured or protected by the Constitution or laws of
the United States or by the Constitution or laws of Illinois.
    (c) Whenever the Illinois Attorney General has reasonable
cause to believe that a violation of subsection (b) has
occurred, the Illinois Attorney General may commence a civil
action in the name of the People of the State to obtain
appropriate equitable and declaratory relief to eliminate the
pattern or practice. Venue for this civil action shall be
Sangamon County or Cook County. Such actions shall be commenced
no later than 5 years after the occurrence or the termination
of an alleged violation, whichever occurs last.
    (d) Prior to initiating a civil action, the Attorney
General may conduct a preliminary investigation to determine
whether there is reasonable cause to believe that a violation
of subsection (b) has occurred. In conducting this
investigation, the Attorney General may:
        (1) require the individual or entity to file a
    statement or report in writing under oath or otherwise, as
    to all information the Attorney General may consider
    necessary;
        (2) examine under oath any person alleged to have
    participated in or with knowledge of the alleged pattern
    and practice violation; or
        (3) issue subpoenas or conduct hearings in aid of any
    investigation.
    (e) Service by the Attorney General of any notice requiring
a person to file a statement or report, or of a subpoena upon
any person, shall be made:
        (1) personally by delivery of a duly executed copy
    thereof to the person to be served or, if a person is not a
    natural person, in the manner provided in the Code of Civil
    Procedure when a complaint is filed; or
        (2) by mailing by certified mail a duly executed copy
    thereof to the person to be served at his or her last known
    abode or principal place of business within this State or,
    if a person is not a natural person, in the manner provided
    in the Code of Civil Procedure when a complaint is filed.
        (3) The Attorney General may compel compliance with
    investigative demands under this Section through an order
    by any court of competent jurisdiction.
    (f)(1) In any civil action brought pursuant to subsection
(c) of this Section, the Attorney General may obtain as a
remedy equitable and declaratory relief (including any
permanent or preliminary injunction, temporary restraining
order, or other order, including an order enjoining the
defendant from engaging in such violation or ordering any
action as may be appropriate). In addition, the Attorney
General may request and the Court may impose a civil penalty to
vindicate the public interest in an amount not exceeding
$25,000 per violation, or if the defendant has been adjudged to
have committed one other civil rights violation under this
Section within 5 years of the occurrence of the violation that
is the basis of the complaint, in an amount not exceeding
$50,000.
    (2) A civil penalty imposed under this subsection shall be
deposited into the Attorney General Court Ordered and Voluntary
Compliance Payment Projects Fund, which is a special fund in
the State Treasury. Moneys in the Fund shall be used, subject
to appropriation, for the performance of any function
pertaining to the exercise of the duties of the Attorney
General including but not limited to enforcement of any law of
this State and conducting public education programs; however,
any moneys in the Fund that are required by the court or by an
agreement to be used for a particular purpose shall be used for
that purpose.
 
    Section 10-120. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2605-302 as follows:
 
    (20 ILCS 2605/2605-302)  (was 20 ILCS 2605/55a in part)
    Sec. 2605-302. Arrest reports.
    (a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
        (1) Information that identifies the individual,
    including the name, age, address, and photograph, when and
    if available.
        (2) Information detailing any charges relating to the
    arrest.
        (3) The time and location of the arrest.
        (4) The name of the investigating or arresting law
    enforcement agency.
        (5) If the individual is incarcerated, the conditions
    of pretrial release amount of any bail or bond.
        (6) If the individual is incarcerated, the time and
    date that the individual was received, discharged, or
    transferred from the arresting agency's custody.
    (b) The information required by this Section must be made
available to the news media for inspection and copying as soon
as practicable, but in no event shall the time period exceed 72
hours from the arrest. The information described in items (3),
(4), (5), and (6) of subsection (a), however, may be withheld
if it is determined that disclosure would (i) interfere with
pending or actually and reasonably contemplated law
enforcement proceedings conducted by any law enforcement or
correctional agency; (ii) endanger the life or physical safety
of law enforcement or correctional personnel or any other
person; or (iii) compromise the security of any correctional
facility.
    (c) For the purposes of this Section, the term "news media"
means personnel of a newspaper or other periodical issued at
regular intervals whether in print or electronic format, a news
service whether in print or electronic format, a radio station,
a television station, a television network, a community antenna
television service, or a person or corporation engaged in
making news reels or other motion picture news for public
showing.
    (d) Each law enforcement or correctional agency may charge
fees for arrest records, but in no instance may the fee exceed
the actual cost of copying and reproduction. The fees may not
include the cost of the labor used to reproduce the arrest
record.
    (e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
incorporates 92-335, eff. 8-10-01; 92-651, eff. 7-11-02.)
 
    Section 10-125. The State Police Act is amended by changing
Section 14 and by adding Section 17c as follows:
 
    (20 ILCS 2610/14)  (from Ch. 121, par. 307.14)
    Sec. 14. Except as is otherwise provided in this Act, no
Department of State Police officer shall be removed, demoted or
suspended except for cause, upon written charges filed with the
Board by the Director and a hearing before the Board thereon
upon not less than 10 days' notice at a place to be designated
by the chairman thereof. At such hearing, the accused shall be
afforded full opportunity to be heard in his or her own defense
and to produce proof in his or her defense. It shall not be a
requirement of a person Anyone filing a complaint against a
State Police Officer to must have a the complaint supported by
a sworn affidavit or any other legal documentation. This ban on
an affidavit requirement shall apply to any collective
bargaining agreements entered after the effective date of this
provision. Any such complaint, having been supported by a sworn
affidavit, and having been found, in total or in part, to
contain false information, shall be presented to the
appropriate State's Attorney for a determination of
prosecution.
    Before any such officer may be interrogated or examined by
or before the Board, or by a departmental agent or investigator
specifically assigned to conduct an internal investigation,
the results of which hearing, interrogation or examination may
be the basis for filing charges seeking his or her suspension
for more than 15 days or his or her removal or discharge, he or
she shall be advised in writing as to what specific improper or
illegal act he or she is alleged to have committed; he or she
shall be advised in writing that his or her admissions made in
the course of the hearing, interrogation or examination may be
used as the basis for charges seeking his or her suspension,
removal or discharge; and he or she shall be advised in writing
that he or she has a right to counsel of his or her choosing,
who may be present to advise him or her at any hearing,
interrogation or examination. A complete record of any hearing,
interrogation or examination shall be made, and a complete
transcript or electronic recording thereof shall be made
available to such officer without charge and without delay.
    The Board shall have the power to secure by its subpoena
both the attendance and testimony of witnesses and the
production of books and papers in support of the charges and
for the defense. Each member of the Board or a designated
hearing officer shall have the power to administer oaths or
affirmations. If the charges against an accused are established
by a preponderance of evidence, the Board shall make a finding
of guilty and order either removal, demotion, suspension for a
period of not more than 180 days, or such other disciplinary
punishment as may be prescribed by the rules and regulations of
the Board which, in the opinion of the members thereof, the
offense merits. Thereupon the Director shall direct such
removal or other punishment as ordered by the Board and if the
accused refuses to abide by any such disciplinary order, the
Director shall remove him or her forthwith.
    If the accused is found not guilty or has served a period
of suspension greater than prescribed by the Board, the Board
shall order that the officer receive compensation for the
period involved. The award of compensation shall include
interest at the rate of 7% per annum.
    The Board may include in its order appropriate sanctions
based upon the Board's rules and regulations. If the Board
finds that a party has made allegations or denials without
reasonable cause or has engaged in frivolous litigation for the
purpose of delay or needless increase in the cost of
litigation, it may order that party to pay the other party's
reasonable expenses, including costs and reasonable attorney's
fees. The State of Illinois and the Department shall be subject
to these sanctions in the same manner as other parties.
    In case of the neglect or refusal of any person to obey a
subpoena issued by the Board, any circuit court, upon
application of any member of the Board, may order such person
to appear before the Board and give testimony or produce
evidence, and any failure to obey such order is punishable by
the court as a contempt thereof.
    The provisions of the Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for
the judicial review of any order of the Board rendered pursuant
to the provisions of this Section.
    Notwithstanding the provisions of this Section, a policy
making officer, as defined in the Employee Rights Violation
Act, of the Department of State Police shall be discharged from
the Department of State Police as provided in the Employee
Rights Violation Act, enacted by the 85th General Assembly.
(Source: P.A. 96-891, eff. 5-10-10.)
 
    (20 ILCS 2610/17c new)
    Sec. 17c. Military equipment surplus program.
    (a) For purposes of this Section:
    "Bayonet" means a large knife designed to be attached to
the muzzle of a rifle, shotgun, or long gun for the purpose of
hand-to-hand combat.
    "Grenade launcher" means a firearm or firearm accessory
designed to launch small explosive projectiles.
    "Military equipment surplus program" means any federal or
State program allowing a law enforcement agency to obtain
surplus military equipment including, but not limit to, any
program organized under Section 1122 of the National Defense
Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
Section 1033 of the National Defense Authorization Act for
Fiscal Year 1997 (Pub. L. 104-201), or any program established
under 10 U.S.C. 2576a.
    "Tracked armored vehicle" means a vehicle that provides
ballistic protection to its occupants and utilizes a tracked
system installed of wheels for forward motion.
    "Weaponized aircraft, vessel, or vehicle" means any
aircraft, vessel, or vehicle with weapons installed.
    (b) The Illinois State Police shall not request or receive
from any military equipment surplus program nor purchase or
otherwise utilize the following equipment:
        (1) tracked armored vehicles;
        (2) weaponized aircraft, vessels, or vehicles;
        (3) firearms of .50-caliber or higher;
        (4) ammunition of .50-caliber or higher;
        (5) grenade launchers; or
        (6) bayonets.
    (c) If the Illinois State Police request other property not
prohibited by this Section from a military equipment surplus
program, the Illinois State Police shall publish notice of the
request on a publicly accessible website maintained by the
Illinois State Police within 14 days after the request.
 
    Section 10-130. The Illinois Criminal Justice Information
Act is amended by adding Sections 7.7 and 7.8 as follows:
 
    (20 ILCS 3930/7.7 new)
    Sec. 7.7. Pretrial data collection.
    (a) The Administrative Director of the Administrative
Officer of the Illinois Courts shall convene an oversight board
to be known as the Pretrial Practices Data Oversight Board to
oversee the collection and analysis of data regarding pretrial
practices in circuit court systems. The Board shall include,
but is not limited to, designees from the Administrative Office
of the Illinois Courts, the Illinois Criminal Justice
Information Authority, and other entities that possess
knowledge of pretrial practices and data collection issues.
Members of the Board shall serve without compensation.
    (b) The Oversight Board shall:
        (1) identify existing pretrial data collection
    processes in local jurisdictions;
        (2) define, gather and maintain records of pretrial
    data relating to the topics listed in subsection (c) from
    circuit clerks' offices, sheriff's departments, law
    enforcement agencies, jails, pretrial departments,
    probation department, State's Attorneys' offices, public
    defenders' offices and other applicable criminal justice
    system agencies;
        (3) identify resources necessary to systematically
    collect and report data related to the topics listed in
    subsections (c); and
        (4) develop a plan to implement data collection
    processes sufficient to collect data on the topics listed
    in subsection (c) no later than one year after the
    effective date of this amendatory Act of the 101st General
    Assembly. The plan and, once implemented, the reports and
    analysis shall be published and made publicly available on
    the Administrative Office of the Illinois Courts (AOIC)
    website.
    (c) The Pretrial Practices Data Oversight Board shall
develop a strategy to collect quarterly, county-level data on
the following topics; which collection of data shall begin
starting one year after the effective date of this amendatory
Act of the 101st General Assembly:
        (1) information on all persons arrested and charged
    with misdemeanor or felony charges, or both, including
    information on persons released directly from law
    enforcement custody;
        (2) information on the outcomes of pretrial conditions
    and pretrial detention hearings in the county courts,
    including but not limited to the number of hearings held,
    the number of defendants detained, the number of defendants
    released, and the number of defendants released with
    electronic monitoring;
        (3) information regarding persons detained in the
    county jail pretrial, including, but not limited to, the
    number of persons detained in the jail pretrial and the
    number detained in the jail for other reasons, the
    demographics of the pretrial jail population, race, sex,
    sexual orientation, gender identity,age, and ethnicity,
    the charges including on which pretrial defendants are
    detained, the average length of stay of pretrial
    defendants;
        (4) information regarding persons placed on electronic
    monitoring programs pretrial, including, but not limited
    to, the number of participants, the demographics of the
    participant population, including race, sex, sexual
    orientation, gender identity, age, and ethnicity, the
    charges on which participants are ordered to the program,
    and the average length of participation in the program;
        (5) discharge data regarding persons detained pretrial
    in the county jail, including, but not limited to, the
    number who are sentenced to the Illinois Department of
    Corrections, the number released after being sentenced to
    time served, the number who are released on probation,
    conditional discharge, or other community supervision, the
    number found not guilty, the number whose cases are
    dismissed, the number whose cases are dismissed as part of
    diversion or deferred prosecution program, and the number
    who are released pretrial after a hearing re-examining
    their pretrial detention;
        (6) information on the pretrial rearrest of
    individuals released pretrial, including the number
    arrested and charged with a new misdemeanor offense while
    released, the number arrested and charged with a new felony
    offense while released, and the number arrested and charged
    with a new forcible felony offense while released, and how
    long after release these arrests occurred;
        (7) information on the pretrial failure to appear rates
    of individuals released pretrial, including the number who
    missed one or more court dates, how many warrants for
    failures to appear were issued, and how many individuals
    were detained pretrial or placed on electronic monitoring
    pretrial after a failure to appear in court;
        (8) what, if any, validated pretrial risk assessment
    tools are in use in each jurisdiction, and comparisons of
    the pretrial release and pretrial detention decisions of
    judges as compared to and the risk assessment scores of
    individuals; and
        (9) any other information the Pretrial Practices Data
    Oversight Board considers important and probative of the
    effectiveness of pretrial practices in the state of
    Illinois. d) Circuit clerks' offices, sheriff's
    departments, law enforcement agencies, jails, pretrial
    departments, probation department, State's Attorneys'
    offices, public defenders' offices and other applicable
    criminal justice system agencies are mandated to provide
    data to the Administrative Office of the Illinois Courts as
    described in subsection (c).
 
    (20 ILCS 3930/7.8 new)
    Sec. 7.8. Domestic Violence Pretrial Practices Working
Group.
    (a) The Executive Director of the Illinois Criminal Justice
Information Authority shall convene a working group to research
and issue a report on current practices in pretrial domestic
violence courts throughout the state of Illinois.
    (b) The working group shall include, but is not limited to,
designees from the Administrative Office of the Illinois
Courts, the Illinois Criminal Justice Information Authority,
Domestic Violence victims' advocates, formerly incarcerated
victims of violence, legal practitioners, and other entities
that possess knowledge of evidence-based practices surrounding
domestic violence and current pretrial practices in Illinois.
    (c) The group shall meet quarterly and no later than 15
months after the effective date of this amendatory Act of the
101st General Assembly issue a preliminary report on the state
of current practice across the state in regards to pretrial
practices and domestic violence and no later than 15 months
after the release of the preliminary report, issue a final
report issuing recommendations for evidence-based improvements
to court procedures.
    (d) Members of the working group shall serve without
compensation.
 
    Section 10-135. The Public Officer Prohibited Activities
Act is amended by adding Section 4.1 as follows:
 
    (50 ILCS 105/4.1 new)
    Sec. 4.1. Retaliation against a whistleblower.
    (a) It is prohibited for a unit of local government, any
agent or representative of a unit of local government, or
another employee to retaliate against an employee or contractor
who:
        (1) reports an improper governmental action under this
    Section;
        (2) cooperates with an investigation by an auditing
    official related to a report of improper governmental
    action; or
        (3) testifies in a proceeding or prosecution arising
    out of an improper governmental action.
    (b) To invoke the protections of this Section, an employee
shall make a written report of improper governmental action to
the appropriate auditing official. An employee who believes he
or she has been retaliated against in violation of this Section
must submit a written report to the auditing official within 60
days of gaining knowledge of the retaliatory action. If the
auditing official is the individual doing the improper
governmental action, then a report under this subsection may be
submitted to any State's Attorney.
    (c) Each auditing official shall establish written
processes and procedures for managing complaints filed under
this Section, and each auditing official shall investigate and
dispose of reports of improper governmental action in
accordance with these processes and procedures. If an auditing
official concludes that an improper governmental action has
taken place or concludes that the relevant unit of local
government, department, agency, or supervisory officials have
hindered the auditing official's investigation into the
report, the auditing official shall notify in writing the chief
executive of the unit of local government and any other
individual or entity the auditing official deems necessary in
the circumstances.
    (d) An auditing official may transfer a report of improper
governmental action to another auditing official for
investigation if an auditing official deems it appropriate,
including, but not limited to, the appropriate State's
Attorney.
    (e) To the extent allowed by law, the identity of an
employee reporting information about an improper governmental
action shall be kept confidential unless the employee waives
confidentiality in writing. Auditing officials may take
reasonable measures to protect employees who reasonably
believe they may be subject to bodily harm for reporting
improper government action.
    (f) The following remedies are available to employees
subjected to adverse actions for reporting improper government
action:
        (1) Auditing officials may reinstate, reimburse for
    lost wages or expenses incurred, promote, or provide some
    other form of restitution.
        (2) In instances where an auditing official determines
    that restitution will not suffice, the auditing official
    may make his or her investigation findings available for
    the purposes of aiding in that employee or the employee's
    attorney's effort to make the employee whole.
    (g) A person who engages in prohibited retaliatory action
under subsection (a) is subject to the following penalties: a
fine of no less than $500 and no more than $5,000, suspension
without pay, demotion, discharge, civil or criminal
prosecution, or any combination of these penalties, as
appropriate.
    (h) Every employee shall receive a written summary or a
complete copy of this Section upon commencement of employment
and at least once each year of employment. At the same time,
the employee shall also receive a copy of the written processes
and procedures for reporting improper governmental actions
from the applicable auditing official.
    (i) As used in this Section:
    "Auditing official" means any elected, appointed, or hired
individual, by whatever name, in a unit of local government
whose duties are similar to, but not limited to, receiving,
registering, and investigating complaints and information
concerning misconduct, inefficiency, and waste within the unit
of local government; investigating the performance of
officers, employees, functions, and programs; and promoting
economy, efficiency, effectiveness and integrity in the
administration of the programs and operations of the
municipality. If a unit of local government does not have an
"auditing official", the "auditing official" shall be a State's
Attorney of the county in which the unit of local government is
located within.
    "Employee" means anyone employed by a unit of local
government, whether in a permanent or temporary position,
including full-time, part-time, and intermittent workers.
"Employee" also includes members of appointed boards or
commissions, whether or not paid. "Employee" also includes
persons who have been terminated because of any report or
complaint submitted under this Section.
    "Improper governmental action" means any action by a unit
of local government employee, an appointed member of a board,
commission, or committee, or an elected official of the unit of
local government that is undertaken in violation of a federal,
State, or unit of local government law or rule; is an abuse of
authority; violates the public's trust or expectation of his or
her conduct; is of substantial and specific danger to the
public's health or safety; or is a gross waste of public funds.
The action need not be within the scope of the employee's,
elected official's, board member's, commission member's, or
committee member's official duties to be subject to a claim of
"improper governmental action". "Improper governmental action"
does not include a unit of local government personnel actions,
including, but not limited to employee grievances, complaints,
appointments, promotions, transfers, assignments,
reassignments, reinstatements, restorations, reemployment,
performance evaluations, reductions in pay, dismissals,
suspensions, demotions, reprimands, or violations of
collective bargaining agreements, except to the extent that the
action amounts to retaliation.
    "Retaliate", "retaliation", or "retaliatory action" means
any adverse change in an employee's employment status or the
terms and conditions of employment that results from an
employee's protected activity under this Section. "Retaliatory
action" includes, but is not limited to, denial of adequate
staff to perform duties; frequent staff changes; frequent and
undesirable office changes; refusal to assign meaningful work;
unsubstantiated letters of reprimand or unsatisfactory
performance evaluations; demotion; reduction in pay; denial of
promotion; transfer or reassignment; suspension or dismissal;
or other disciplinary action made because of an employee's
protected activity under this Section.
 
    Section 10-140. The Local Records Act is amended by
changing Section 3b as follows:
 
    (50 ILCS 205/3b)
    Sec. 3b. Arrest records and reports.
    (a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
        (1) Information that identifies the individual,
    including the name, age, address, and photograph, when and
    if available.
        (2) Information detailing any charges relating to the
    arrest.
        (3) The time and location of the arrest.
        (4) The name of the investigating or arresting law
    enforcement agency.
        (5) If the individual is incarcerated, the conditions
    of pretrial release amount of any bail or bond.
        (6) If the individual is incarcerated, the time and
    date that the individual was received, discharged, or
    transferred from the arresting agency's custody.
    (b) The information required by this Section must be made
available to the news media for inspection and copying as soon
as practicable, but in no event shall the time period exceed 72
hours from the arrest. The information described in paragraphs
(3), (4), (5), and (6) of subsection (a), however, may be
withheld if it is determined that disclosure would:
        (1) interfere with pending or actually and reasonably
    contemplated law enforcement proceedings conducted by any
    law enforcement or correctional agency;
        (2) endanger the life or physical safety of law
    enforcement or correctional personnel or any other person;
    or
        (3) compromise the security of any correctional
    facility.
    (c) For the purposes of this Section the term "news media"
means personnel of a newspaper or other periodical issued at
regular intervals whether in print or electronic format, a news
service whether in print or electronic format, a radio station,
a television station, a television network, a community antenna
television service, or a person or corporation engaged in
making news reels or other motion picture news for public
showing.
    (d) Each law enforcement or correctional agency may charge
fees for arrest records, but in no instance may the fee exceed
the actual cost of copying and reproduction. The fees may not
include the cost of the labor used to reproduce the arrest
record.
    (e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
    (f) All information, including photographs, made available
under this Section is subject to the provisions of Section 2QQQ
of the Consumer Fraud and Deceptive Business Practices Act.
(Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16.)
 
    Section 10-141. The Local Records Act is amended by adding
Section 25 as follows:
 
    (50 ILCS 205/25 new)
    Sec. 25. Police misconduct records. Notwithstanding any
other provision of law to the contrary, all public records and
nonpublic records related to complaints, investigations, and
adjudications of police misconduct shall be permanently
retained and may not be destroyed.
 
    Section 10-143. The Illinois Police Training Act is amended
by changing Sections 6, 6.2, 7, and 10.17 and by adding Section
10.6 as follows:
 
    (50 ILCS 705/6)  (from Ch. 85, par. 506)
    Sec. 6. Powers and duties of the Board; selection and
certification of schools. The Board shall select and certify
schools within the State of Illinois for the purpose of
providing basic training for probationary police officers,
probationary county corrections officers, and court security
officers and of providing advanced or in-service training for
permanent police officers or permanent county corrections
officers, which schools may be either publicly or privately
owned and operated. In addition, the Board has the following
power and duties:
        a. To require local governmental units to furnish such
    reports and information as the Board deems necessary to
    fully implement this Act.
        b. To establish appropriate mandatory minimum
    standards relating to the training of probationary local
    law enforcement officers or probationary county
    corrections officers, and in-service training of permanent
    police officers.
        c. To provide appropriate certification to those
    probationary officers who successfully complete the
    prescribed minimum standard basic training course.
        d. To review and approve annual training curriculum for
    county sheriffs.
        e. To review and approve applicants to ensure that no
    applicant is admitted to a certified academy unless the
    applicant is a person of good character and has not been
    convicted of, or entered a plea of guilty to, a felony
    offense, any of the misdemeanors in Sections 11-1.50, 11-6,
    11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
    28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
    Criminal Code of 1961 or the Criminal Code of 2012,
    subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
    Criminal Code of 1961 or the Criminal Code of 2012, or
    subsection (a) of Section 17-32 of the Criminal Code of
    1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
    the Cannabis Control Act, or a crime involving moral
    turpitude under the laws of this State or any other state
    which if committed in this State would be punishable as a
    felony or a crime of moral turpitude. The Board may appoint
    investigators who shall enforce the duties conferred upon
    the Board by this Act.
        f. To establish statewide standards for minimum
    standards regarding regular mental health screenings for
    probationary and permanent police officers, ensuring that
    counseling sessions and screenings remain confidential.
(Source: P.A. 101-187, eff. 1-1-20.)
 
    (50 ILCS 705/6.2)
    Sec. 6.2. Officer professional conduct database.
    (a) All law enforcement agencies shall notify the Board of
any final determination of willful violation of department or
agency policy, official misconduct, or violation of law when:
        (1) the officer is discharged or dismissed as a result
    of the violation; or
        (2) the officer resigns during the course of an
    investigation and after the officer has been served notice
    that he or she is under investigation that is based on the
    commission of any a Class 2 or greater felony or sex
    offense.
    The agency shall report to the Board within 30 days of a
final decision of discharge or dismissal and final exhaustion
of any appeal, or resignation, and shall provide information
regarding the nature of the violation.
    (b) Upon receiving notification from a law enforcement
agency, the Board must notify the law enforcement officer of
the report and his or her right to provide a statement
regarding the reported violation.
    (c) The Board shall maintain a database readily available
to any chief administrative officer, or his or her designee, of
a law enforcement agency or any State's Attorney that shall
show each reported instance, including the name of the officer,
the nature of the violation, reason for the final decision of
discharge or dismissal, and any statement provided by the
officer.
(Source: P.A. 99-352, eff. 1-1-16.)
 
    (50 ILCS 705/7)  (from Ch. 85, par. 507)
    Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which shall
include, but not be limited to, the following:
        a. The curriculum for probationary police officers
    which shall be offered by all certified schools shall
    include, but not be limited to, courses of procedural
    justice, arrest and use and control tactics, search and
    seizure, including temporary questioning, civil rights,
    human rights, human relations, cultural competency,
    including implicit bias and racial and ethnic sensitivity,
    criminal law, law of criminal procedure, constitutional
    and proper use of law enforcement authority, crisis
    intervention training, vehicle and traffic law including
    uniform and non-discriminatory enforcement of the Illinois
    Vehicle Code, traffic control and accident investigation,
    techniques of obtaining physical evidence, court
    testimonies, statements, reports, firearms training,
    training in the use of electronic control devices,
    including the psychological and physiological effects of
    the use of those devices on humans, first-aid (including
    cardiopulmonary resuscitation), training in the
    administration of opioid antagonists as defined in
    paragraph (1) of subsection (e) of Section 5-23 of the
    Substance Use Disorder Act, handling of juvenile
    offenders, recognition of mental conditions and crises,
    including, but not limited to, the disease of addiction,
    which require immediate assistance and response and
    methods to safeguard and provide assistance to a person in
    need of mental treatment, recognition of abuse, neglect,
    financial exploitation, and self-neglect of adults with
    disabilities and older adults, as defined in Section 2 of
    the Adult Protective Services Act, crimes against the
    elderly, law of evidence, the hazards of high-speed police
    vehicle chases with an emphasis on alternatives to the
    high-speed chase, and physical training. The curriculum
    shall include specific training in techniques for
    immediate response to and investigation of cases of
    domestic violence and of sexual assault of adults and
    children, including cultural perceptions and common myths
    of sexual assault and sexual abuse as well as interview
    techniques that are age sensitive and are trauma informed,
    victim centered, and victim sensitive. The curriculum
    shall include training in techniques designed to promote
    effective communication at the initial contact with crime
    victims and ways to comprehensively explain to victims and
    witnesses their rights under the Rights of Crime Victims
    and Witnesses Act and the Crime Victims Compensation Act.
    The curriculum shall also include training in effective
    recognition of and responses to stress, trauma, and
    post-traumatic stress experienced by police officers that
    is consistent with Section 25 of the Illinois Mental Health
    First Aid Training Act in a peer setting, including
    recognizing signs and symptoms of work-related cumulative
    stress, issues that may lead to suicide, and solutions for
    intervention with peer support resources. The curriculum
    shall include a block of instruction addressing the
    mandatory reporting requirements under the Abused and
    Neglected Child Reporting Act. The curriculum shall also
    include a block of instruction aimed at identifying and
    interacting with persons with autism and other
    developmental or physical disabilities, reducing barriers
    to reporting crimes against persons with autism, and
    addressing the unique challenges presented by cases
    involving victims or witnesses with autism and other
    developmental disabilities. The curriculum shall include
    training in the detection and investigation of all forms of
    human trafficking. The curriculum shall also include
    instruction in trauma-informed responses designed to
    ensure the physical safety and well-being of a child of an
    arrested parent or immediate family member; this
    instruction must include, but is not limited to: (1)
    understanding the trauma experienced by the child while
    maintaining the integrity of the arrest and safety of
    officers, suspects, and other involved individuals; (2)
    de-escalation tactics that would include the use of force
    when reasonably necessary; and (3) inquiring whether a
    child will require supervision and care. The curriculum for
    probationary police officers shall include: (1) at least 12
    hours of hands-on, scenario-based role-playing; (2) at
    least 6 hours of instruction on use of force techniques,
    including the use of de-escalation techniques to prevent or
    reduce the need for force whenever safe and feasible; (3)
    specific training on officer safety techniques, including
    cover, concealment, and time; and (4) at least 6 hours of
    training focused on high-risk traffic stops. The
    curriculum for permanent police officers shall include,
    but not be limited to: (1) refresher and in-service
    training in any of the courses listed above in this
    subparagraph, (2) advanced courses in any of the subjects
    listed above in this subparagraph, (3) training for
    supervisory personnel, and (4) specialized training in
    subjects and fields to be selected by the board. The
    training in the use of electronic control devices shall be
    conducted for probationary police officers, including
    University police officers.
        b. Minimum courses of study, attendance requirements
    and equipment requirements.
        c. Minimum requirements for instructors.
        d. Minimum basic training requirements, which a
    probationary police officer must satisfactorily complete
    before being eligible for permanent employment as a local
    law enforcement officer for a participating local
    governmental agency. Those requirements shall include
    training in first aid (including cardiopulmonary
    resuscitation).
        e. Minimum basic training requirements, which a
    probationary county corrections officer must
    satisfactorily complete before being eligible for
    permanent employment as a county corrections officer for a
    participating local governmental agency.
        f. Minimum basic training requirements which a
    probationary court security officer must satisfactorily
    complete before being eligible for permanent employment as
    a court security officer for a participating local
    governmental agency. The Board shall establish those
    training requirements which it considers appropriate for
    court security officers and shall certify schools to
    conduct that training.
        A person hired to serve as a court security officer
    must obtain from the Board a certificate (i) attesting to
    his or her successful completion of the training course;
    (ii) attesting to his or her satisfactory completion of a
    training program of similar content and number of hours
    that has been found acceptable by the Board under the
    provisions of this Act; or (iii) attesting to the Board's
    determination that the training course is unnecessary
    because of the person's extensive prior law enforcement
    experience.
        Individuals who currently serve as court security
    officers shall be deemed qualified to continue to serve in
    that capacity so long as they are certified as provided by
    this Act within 24 months of June 1, 1997 (the effective
    date of Public Act 89-685). Failure to be so certified,
    absent a waiver from the Board, shall cause the officer to
    forfeit his or her position.
        All individuals hired as court security officers on or
    after June 1, 1997 (the effective date of Public Act
    89-685) shall be certified within 12 months of the date of
    their hire, unless a waiver has been obtained by the Board,
    or they shall forfeit their positions.
        The Sheriff's Merit Commission, if one exists, or the
    Sheriff's Office if there is no Sheriff's Merit Commission,
    shall maintain a list of all individuals who have filed
    applications to become court security officers and who meet
    the eligibility requirements established under this Act.
    Either the Sheriff's Merit Commission, or the Sheriff's
    Office if no Sheriff's Merit Commission exists, shall
    establish a schedule of reasonable intervals for
    verification of the applicants' qualifications under this
    Act and as established by the Board.
        g. Minimum in-service training requirements, which a
    police officer must satisfactorily complete every 3 years.
    Those requirements shall include constitutional and proper
    use of law enforcement authority, procedural justice,
    civil rights, human rights, mental health awareness and
    response, officer wellness, reporting child abuse and
    neglect, and cultural competency, including implicit bias
    and racial and ethnic sensitivity.
        h. Minimum in-service training requirements, which a
    police officer must satisfactorily complete at least
    annually. Those requirements shall include law updates,
    emergency medical response training and certification,
    crisis intervention training, and officer wellness and
    mental health and use of force training which shall include
    scenario based training, or similar training approved by
    the Board.
        i. Minimum in-service training requirements as set
    forth in Section 10.6.
(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;
100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
101-564, eff. 1-1-20; revised 9-10-19.)
 
    (50 ILCS 705/10.6 new)
    Sec. 10.6. Mandatory training to be completed every 3
years. The Board shall adopt rules and minimum standards for
in-service training requirements as set forth in this Section.
The training shall provide officers with knowledge of policies
and laws regulating the use of force; equip officers with
tactics and skills, including de-escalation techniques, to
prevent or reduce the need to use force or, when force must be
used, to use force that is objectively reasonable, necessary,
and proportional under the totality of the circumstances; and
ensure appropriate supervision and accountability. The
training shall consist of at least 30 hours of training every 3
years and shall include:
    (1) At least 12 hours of hands-on, scenario-based
role-playing.
    (2) At least 6 hours of instruction on use of force
techniques, including the use of de-escalation techniques to
prevent or reduce the need for force whenever safe and
feasible.
    (3) Specific training on the law concerning stops,
searches, and the use of force under the Fourth Amendment to
the United States Constitution.
    (4) Specific training on officer safety techniques,
including cover, concealment, and time.
    (5) At least 6 hours of training focused on high-risk
traffic stops.
 
    (50 ILCS 705/10.17)
    Sec. 10.17. Crisis intervention team training; mental
health awareness training.
    (a) The Illinois Law Enforcement Training Standards Board
shall develop and approve a standard curriculum for certified
training programs in crisis intervention of at least 40 hours
addressing specialized policing responses to people with
mental illnesses. The Board shall conduct Crisis Intervention
Team (CIT) training programs that train officers to identify
signs and symptoms of mental illness, to de-escalate situations
involving individuals who appear to have a mental illness, and
connect that person in crisis to treatment. Crisis Intervention
Team (CIT) training programs shall be a collaboration between
law enforcement professionals, mental health providers,
families, and consumer advocates and must minimally include the
following components: (1) basic information about mental
illnesses and how to recognize them; (2) information about
mental health laws and resources; (3) learning from family
members of individuals with mental illness and their
experiences; and (4) verbal de-escalation training and
role-plays. Officers who have successfully completed this
program shall be issued a certificate attesting to their
attendance of a Crisis Intervention Team (CIT) training
program.
    (b) The Board shall create an introductory course
incorporating adult learning models that provides law
enforcement officers with an awareness of mental health issues
including a history of the mental health system, types of
mental health illness including signs and symptoms of mental
illness and common treatments and medications, and the
potential interactions law enforcement officers may have on a
regular basis with these individuals, their families, and
service providers including de-escalating a potential crisis
situation. This course, in addition to other traditional
learning settings, may be made available in an electronic
format.
(Source: P.A. 99-261, eff. 1-1-16; 99-642, eff. 7-28-16;
100-247, eff. 1-1-18.)
 
    Section 10-145. The Law Enforcement Officer-Worn Body
Camera Act is amended by changing Sections 10-15, 10-20, and
10-25 as follows:
 
    (50 ILCS 706/10-15)
    Sec. 10-15. Applicability.
    (a) All Any law enforcement agencies must employ the use of
agency which employs the use of officer-worn body cameras in
accordance with is subject to the provisions of this Act,
whether or not the agency receives or has received monies from
the Law Enforcement Camera Grant Fund.
    (b) All law enforcement agencies must implement the use of
body cameras for all law enforcement officers, according to the
following schedule:
        (1) for municipalities and counties with populations
    of 500,000 or more, body cameras shall be implemented by
    January 1, 2022;
        (2) for municipalities and counties with populations
    of 100,000 or more but under 500,000, body cameras shall be
    implemented by January 1, 2023;
        (3) for municipalities and counties with populations
    of 50,000 or more but under 100,000, body cameras shall be
    implemented by January 1, 2024;
        (4) for municipalities and counties under 50,000, body
    cameras shall be implemented by January 1, 2025; and
        (5) for the Department of State Police, body cameras
    shall be implemented by January 1, 2025.
    (c) A law enforcement agency's compliance with the
requirements under this Section shall receive preference by the
Illinois Law Enforcement Training Standards Board in awarding
grant funding under the Law Enforcement Camera Grant Act.
(Source: P.A. 99-352, eff. 1-1-16.)
 
    (50 ILCS 706/10-20)
    Sec. 10-20. Requirements.
    (a) The Board shall develop basic guidelines for the use of
officer-worn body cameras by law enforcement agencies. The
guidelines developed by the Board shall be the basis for the
written policy which must be adopted by each law enforcement
agency which employs the use of officer-worn body cameras. The
written policy adopted by the law enforcement agency must
include, at a minimum, all of the following:
        (1) Cameras must be equipped with pre-event recording,
    capable of recording at least the 30 seconds prior to
    camera activation, unless the officer-worn body camera was
    purchased and acquired by the law enforcement agency prior
    to July 1, 2015.
        (2) Cameras must be capable of recording for a period
    of 10 hours or more, unless the officer-worn body camera
    was purchased and acquired by the law enforcement agency
    prior to July 1, 2015.
        (3) Cameras must be turned on at all times when the
    officer is in uniform and is responding to calls for
    service or engaged in any law enforcement-related
    encounter or activity, that occurs while the officer is on
    duty.
            (A) If exigent circumstances exist which prevent
        the camera from being turned on, the camera must be
        turned on as soon as practicable.
            (B) Officer-worn body cameras may be turned off
        when the officer is inside of a patrol car which is
        equipped with a functioning in-car camera; however,
        the officer must turn on the camera upon exiting the
        patrol vehicle for law enforcement-related encounters.
            (C) Officer-worn body cameras may be turned off
        when the officer is inside a correctional facility
        which is equipped with a functioning camera system.
        (4) Cameras must be turned off when:
            (A) the victim of a crime requests that the camera
        be turned off, and unless impractical or impossible,
        that request is made on the recording;
            (B) a witness of a crime or a community member who
        wishes to report a crime requests that the camera be
        turned off, and unless impractical or impossible that
        request is made on the recording; or
            (C) the officer is interacting with a confidential
        informant used by the law enforcement agency.
        However, an officer may continue to record or resume
    recording a victim or a witness, if exigent circumstances
    exist, or if the officer has reasonable articulable
    suspicion that a victim or witness, or confidential
    informant has committed or is in the process of committing
    a crime. Under these circumstances, and unless impractical
    or impossible, the officer must indicate on the recording
    the reason for continuing to record despite the request of
    the victim or witness.
        (4.5) Cameras may be turned off when the officer is
    engaged in community caretaking functions. However, the
    camera must be turned on when the officer has reason to
    believe that the person on whose behalf the officer is
    performing a community caretaking function has committed
    or is in the process of committing a crime. If exigent
    circumstances exist which prevent the camera from being
    turned on, the camera must be turned on as soon as
    practicable.
        (5) The officer must provide notice of recording to any
    person if the person has a reasonable expectation of
    privacy and proof of notice must be evident in the
    recording. If exigent circumstances exist which prevent
    the officer from providing notice, notice must be provided
    as soon as practicable.
        (6) (A) For the purposes of redaction, labeling, or
    duplicating recordings, access to camera recordings shall
    be restricted to only those personnel responsible for those
    purposes. The recording officer and his or her supervisor
    of the recording officer may access and review recordings
    prior to completing incident reports or other
    documentation, provided that the officer or his or her
    supervisor discloses that fact in the report or
    documentation.
            (B) The recording officer's assigned field
        training officer may access and review recordings for
        training purposes. Any detective or investigator
        directly involved in the investigation of a matter may
        access and review recordings which pertain to that
        investigation but may not have access to delete or
        alter such recordings.
        (7) Recordings made on officer-worn cameras must be
    retained by the law enforcement agency or by the camera
    vendor used by the agency, on a recording medium for a
    period of 90 days.
            (A) Under no circumstances shall any recording
        made with an officer-worn body camera be altered,
        erased, or destroyed prior to the expiration of the
        90-day storage period.
            (B) Following the 90-day storage period, any and
        all recordings made with an officer-worn body camera
        must be destroyed, unless any encounter captured on the
        recording has been flagged. An encounter is deemed to
        be flagged when:
                (i) a formal or informal complaint has been
            filed;
                (ii) the officer discharged his or her firearm
            or used force during the encounter;
                (iii) death or great bodily harm occurred to
            any person in the recording;
                (iv) the encounter resulted in a detention or
            an arrest, excluding traffic stops which resulted
            in only a minor traffic offense or business
            offense;
                (v) the officer is the subject of an internal
            investigation or otherwise being investigated for
            possible misconduct;
                (vi) the supervisor of the officer,
            prosecutor, defendant, or court determines that
            the encounter has evidentiary value in a criminal
            prosecution; or
                (vii) the recording officer requests that the
            video be flagged for official purposes related to
            his or her official duties.
            (C) Under no circumstances shall any recording
        made with an officer-worn body camera relating to a
        flagged encounter be altered or destroyed prior to 2
        years after the recording was flagged. If the flagged
        recording was used in a criminal, civil, or
        administrative proceeding, the recording shall not be
        destroyed except upon a final disposition and order
        from the court.
        (8) Following the 90-day storage period, recordings
    may be retained if a supervisor at the law enforcement
    agency designates the recording for training purposes. If
    the recording is designated for training purposes, the
    recordings may be viewed by officers, in the presence of a
    supervisor or training instructor, for the purposes of
    instruction, training, or ensuring compliance with agency
    policies.
        (9) Recordings shall not be used to discipline law
    enforcement officers unless:
            (A) a formal or informal complaint of misconduct
        has been made;
            (B) a use of force incident has occurred;
            (C) the encounter on the recording could result in
        a formal investigation under the Uniform Peace
        Officers' Disciplinary Act; or
            (D) as corroboration of other evidence of
        misconduct.
        Nothing in this paragraph (9) shall be construed to
    limit or prohibit a law enforcement officer from being
    subject to an action that does not amount to discipline.
        (10) The law enforcement agency shall ensure proper
    care and maintenance of officer-worn body cameras. Upon
    becoming aware, officers must as soon as practical document
    and notify the appropriate supervisor of any technical
    difficulties, failures, or problems with the officer-worn
    body camera or associated equipment. Upon receiving
    notice, the appropriate supervisor shall make every
    reasonable effort to correct and repair any of the
    officer-worn body camera equipment.
        (11) No officer may hinder or prohibit any person, not
    a law enforcement officer, from recording a law enforcement
    officer in the performance of his or her duties in a public
    place or when the officer has no reasonable expectation of
    privacy. The law enforcement agency's written policy shall
    indicate the potential criminal penalties, as well as any
    departmental discipline, which may result from unlawful
    confiscation or destruction of the recording medium of a
    person who is not a law enforcement officer. However, an
    officer may take reasonable action to maintain safety and
    control, secure crime scenes and accident sites, protect
    the integrity and confidentiality of investigations, and
    protect the public safety and order.
    (b) Recordings made with the use of an officer-worn body
camera are not subject to disclosure under the Freedom of
Information Act, except that:
        (1) if the subject of the encounter has a reasonable
    expectation of privacy, at the time of the recording, any
    recording which is flagged, due to the filing of a
    complaint, discharge of a firearm, use of force, arrest or
    detention, or resulting death or bodily harm, shall be
    disclosed in accordance with the Freedom of Information Act
    if:
            (A) the subject of the encounter captured on the
        recording is a victim or witness; and
            (B) the law enforcement agency obtains written
        permission of the subject or the subject's legal
        representative;
        (2) except as provided in paragraph (1) of this
    subsection (b), any recording which is flagged due to the
    filing of a complaint, discharge of a firearm, use of
    force, arrest or detention, or resulting death or bodily
    harm shall be disclosed in accordance with the Freedom of
    Information Act; and
        (3) upon request, the law enforcement agency shall
    disclose, in accordance with the Freedom of Information
    Act, the recording to the subject of the encounter captured
    on the recording or to the subject's attorney, or the
    officer or his or her legal representative.
    For the purposes of paragraph (1) of this subsection (b),
the subject of the encounter does not have a reasonable
expectation of privacy if the subject was arrested as a result
of the encounter. For purposes of subparagraph (A) of paragraph
(1) of this subsection (b), "witness" does not include a person
who is a victim or who was arrested as a result of the
encounter.
    Only recordings or portions of recordings responsive to the
request shall be available for inspection or reproduction. Any
recording disclosed under the Freedom of Information Act shall
be redacted to remove identification of any person that appears
on the recording and is not the officer, a subject of the
encounter, or directly involved in the encounter. Nothing in
this subsection (b) shall require the disclosure of any
recording or portion of any recording which would be exempt
from disclosure under the Freedom of Information Act.
    (c) Nothing in this Section shall limit access to a camera
recording for the purposes of complying with Supreme Court
rules or the rules of evidence.
(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
 
    (50 ILCS 706/10-25)
    Sec. 10-25. Reporting.
    (a) Each law enforcement agency which employs the use of
officer-worn body cameras must provide an annual report on the
use of officer-worn body cameras to the Board, on or before May
1 of the year. The report shall include:
        (1) a brief overview of the makeup of the agency,
    including the number of officers utilizing officer-worn
    body cameras;
        (2) the number of officer-worn body cameras utilized by
    the law enforcement agency;
        (3) any technical issues with the equipment and how
    those issues were remedied;
        (4) a brief description of the review process used by
    supervisors within the law enforcement agency;
        (5) for each recording used in prosecutions of
    conservation, criminal, or traffic offenses or municipal
    ordinance violations:
            (A) the time, date, location, and precinct of the
        incident;
            (B) the offense charged and the date charges were
        filed; and
        (6) any other information relevant to the
    administration of the program.
    (b) On or before July 30 of each year, the Board must
analyze the law enforcement agency reports and provide an
annual report to the General Assembly and the Governor.
(Source: P.A. 99-352, eff. 1-1-16.)
 
    Section 10-147. The Uniform Crime Reporting Act is amended
by changing Sections 5-10, 5-12, and 5-20 and by adding Section
5-11 as follows:
 
    (50 ILCS 709/5-10)
    Sec. 5-10. Central repository of crime statistics. The
Department of State Police shall be a central repository and
custodian of crime statistics for the State and shall have all
the power necessary to carry out the purposes of this Act,
including the power to demand and receive cooperation in the
submission of crime statistics from all law enforcement
agencies. All data and information provided to the Department
under this Act must be provided in a manner and form prescribed
by the Department. On an annual basis, the Department shall
make available compilations of crime statistics and monthly
reporting required to be reported by each law enforcement
agency.
(Source: P.A. 99-352, eff. 1-1-16.)
 
    (50 ILCS 709/5-11 new)
    Sec. 5-11. FBI National Use of Force Database.The
Department shall participate in and regularly submit use of
force information to the Federal Bureau of Investigation (FBI)
National Use of Force Database. Within 90 days of the effective
date of this amendatory act, the Department shall promulgate
rules outlining the use of force information required for
submission to the Database, which shall be submitted monthly by
law enforcement agencies under Section 5-12.
 
    (50 ILCS 709/5-12)
    Sec. 5-12. Monthly reporting. All law enforcement agencies
shall submit to the Department of State Police on a monthly
basis the following:
        (1) beginning January 1, 2016, a report on any
    arrest-related death that shall include information
    regarding the deceased, the officer, any weapon used by the
    officer or the deceased, and the circumstances of the
    incident. The Department shall submit on a quarterly basis
    all information collected under this paragraph (1) to the
    Illinois Criminal Justice Information Authority,
    contingent upon updated federal guidelines regarding the
    Uniform Crime Reporting Program;
        (2) beginning January 1, 2017, a report on any instance
    when a law enforcement officer discharges his or her
    firearm causing a non-fatal injury to a person, during the
    performance of his or her official duties or in the line of
    duty;
        (3) a report of incident-based information on hate
    crimes including information describing the offense,
    location of the offense, type of victim, offender, and bias
    motivation. If no hate crime incidents occurred during a
    reporting month, the law enforcement agency must submit a
    no incident record, as required by the Department;
        (4) a report on any incident of an alleged commission
    of a domestic crime, that shall include information
    regarding the victim, offender, date and time of the
    incident, any injury inflicted, any weapons involved in the
    commission of the offense, and the relationship between the
    victim and the offender;
        (5) data on an index of offenses selected by the
    Department based on the seriousness of the offense,
    frequency of occurrence of the offense, and likelihood of
    being reported to law enforcement. The data shall include
    the number of index crime offenses committed and number of
    associated arrests; and
        (6) data on offenses and incidents reported by schools
    to local law enforcement. The data shall include offenses
    defined as an attack against school personnel,
    intimidation offenses, drug incidents, and incidents
    involving weapons; .
        (7) beginning on July 1, 2021, a report on any incident
    where a law enforcement officer was dispatched to deal with
    a person experiencing a mental health crisis or incident.
    The report shall include the number of incidents, the level
    of law enforcement response and the outcome of each
    incident;
        (8) beginning on July 1, 2021, a report on use of
    force, including any action that resulted in the death or
    serious bodily injury of a person or the discharge of a
    firearm at or in the direction of a person. The report
    shall include information required by the Department,
    pursuant to Section 5-11 of this Act.
(Source: P.A. 99-352, eff. 1-1-16.)
 
    (50 ILCS 709/5-20)
    Sec. 5-20. Reporting compliance. The Department of State
Police shall annually report to the Illinois Law Enforcement
Training Standards Board and the Department of Revenue any law
enforcement agency not in compliance with the reporting
requirements under this Act. A law enforcement agency's
compliance with the reporting requirements under this Act shall
be a factor considered by the Illinois Law Enforcement Training
Standards Board in awarding grant funding under the Law
Enforcement Camera Grant Act, with preference to law
enforcement agencies which are in compliance with reporting
requirements under this Act.
(Source: P.A. 99-352, eff. 1-1-16.)
 
    Section 10-150. The Uniform Peace Officers' Disciplinary
Act is amended by changing Sections 3.2, 3.4, and 3.8 as
follows:
 
    (50 ILCS 725/3.2)  (from Ch. 85, par. 2555)
    Sec. 3.2. No officer shall be subjected to interrogation
without first being informed in writing of the nature of the
investigation. If an administrative proceeding is instituted,
the officer shall be informed beforehand of the names of all
complainants. The information shall be sufficient as to
reasonably apprise the officer of the nature of the
investigation.
(Source: P.A. 83-981.)
 
    (50 ILCS 725/3.4)  (from Ch. 85, par. 2557)
    Sec. 3.4. The officer under investigation shall be informed
in writing of the name, rank and unit or command of the officer
in charge of the investigation, the interrogators, and all
persons who will be present on the behalf of the employer
during any interrogation except at a public administrative
proceeding. The officer under investigation shall inform the
employer of any person who will be present on his or her behalf
during any interrogation except at a public administrative
hearing.
(Source: P.A. 94-344, eff. 1-1-06.)
 
    (50 ILCS 725/3.8)  (from Ch. 85, par. 2561)
    Sec. 3.8. Admissions; counsel; verified complaint.
    (a) No officer shall be interrogated without first being
advised in writing that admissions made in the course of the
interrogation may be used as evidence of misconduct or as the
basis for charges seeking suspension, removal, or discharge;
and without first being advised in writing that he or she has
the right to counsel of his or her choosing who may be present
to advise him or her at any stage of any interrogation.
    (b) It shall not be a requirement for a person Anyone
filing a complaint against a sworn peace officer to must have
the complaint supported by a sworn affidavit or any other legal
documentation. This ban on an affidavit requirement shall apply
to any collective bargaining agreements entered after the
effective date of this provision. Any complaint, having been
supported by a sworn affidavit, and having been found, in total
or in part, to contain knowingly false material information,
shall be presented to the appropriate State's Attorney for a
determination of prosecution.
(Source: P.A. 97-472, eff. 8-22-11.)
 
    (50 ILCS 725/6 rep.)
    Section 10-151. The Uniform Peace Officers' Disciplinary
Act is amended by repealing Section 6.
 
    Section 10-155. The Police and Community Relations
Improvement Act is amended by adding Section 1-35 as follows:
 
    (50 ILCS 727/1-35 new)
    Sec. 1-35. Anonymous complaint policy.
    (a)Any person may file notice of an anonymous complaint to
the Illinois Law Enforcement Training Standards Board of any
conduct the person believes a law enforcement officer has
committed as described in subsection (b) of Section 6.3 of the
Illinois Police Training Act. Notwithstanding any other
provision in state law or any collective bargaining agreement,
the Board shall accept notice and investigate any allegations
from individuals who remain anonymous.
    (b)The Board shall complete a preliminary review of the
allegations to determine whether further investigation is
warranted. During the preliminary review, the Board will take
all reasonable steps to discover any and all objective
verifiable evidence relevant to the alleged violation through
the identification, retention, review, and analysis of all
available evidence, including, but not limited to: all
time-sensitive evidence, audio and video evidence, physical
evidence, arrest reports, photographic evidence, GPS records,
computer data, lab reports, medical documents, and witness
interviews. All reasonable steps will be taken to preserve
relevant evidence identified during the preliminary
investigation.
    (c)If the Board determines that for an anonymous notice
there is objective verifiable evidence to support the
allegation or allegations, the Board shall complete a sworn
affidavit override to comply with subsection (b) of Section 3.8
of the Uniform Peace Officers' Disciplinary Act. The sworn
affidavit override shall be specified on a form to be
determined by the Board, including what evidence has been
reviewed and, in reliance upon that evidence, it shall be
affirmed that it is necessary and appropriate for the
investigation to continue. It shall forward that form and the
alleged violation in accordance with subsection (f) of Section
6.3 of the Illinois Police Training Act.
 
    Section 10-160. The Counties Code is amended by changing
Sections 4-5001, 4-12001, and 4-12001.1 as follows:
 
    (55 ILCS 5/4-5001)  (from Ch. 34, par. 4-5001)
    Sec. 4-5001. Sheriffs; counties of first and second class.
The fees of sheriffs in counties of the first and second class,
except when increased by county ordinance under this Section,
shall be as follows:
    For serving or attempting to serve summons on each
defendant in each county, $10.
    For serving or attempting to serve an order or judgment
granting injunctive relief in each county, $10.
    For serving or attempting to serve each garnishee in each
county, $10.
    For serving or attempting to serve an order for replevin in
each county, $10.
    For serving or attempting to serve an order for attachment
on each defendant in each county, $10.
    For serving or attempting to serve a warrant of arrest, $8,
to be paid upon conviction.
    For returning a defendant from outside the State of
Illinois, upon conviction, the court shall assess, as court
costs, the cost of returning a defendant to the jurisdiction.
    For taking special bail, $1 in each county.
    For serving or attempting to serve a subpoena on each
witness, in each county, $10.
    For advertising property for sale, $5.
    For returning each process, in each county, $5.
    Mileage for each mile of necessary travel to serve any such
process as Stated above, calculating from the place of holding
court to the place of residence of the defendant, or witness,
50 each way.
    For summoning each juror, $3 with 30 mileage each way in
all counties.
    For serving or attempting to serve notice of judgments or
levying to enforce a judgment, $3 with 50 mileage each way in
all counties.
    For taking possession of and removing property levied on,
the officer shall be allowed to tax the actual cost of such
possession or removal.
    For feeding each prisoner, such compensation to cover the
actual cost as may be fixed by the county board, but such
compensation shall not be considered a part of the fees of the
office.
    For attending before a court with prisoner, on an order for
habeas corpus, in each county, $10 per day.
    For attending before a court with a prisoner in any
criminal proceeding, in each county, $10 per day.
    For each mile of necessary travel in taking such prisoner
before the court as stated above, 15 a mile each way.
    For serving or attempting to serve an order or judgment for
the possession of real estate in an action of ejectment or in
any other action, or for restitution in an eviction action
without aid, $10 and when aid is necessary, the sheriff shall
be allowed to tax in addition the actual costs thereof, and for
each mile of necessary travel, 50 each way.
    For executing and acknowledging a deed of sale of real
estate, in counties of first class, $4; second class, $4.
    For preparing, executing and acknowledging a deed on
redemption from a court sale of real estate in counties of
first class, $5; second class, $5.
    For making certificates of sale, and making and filing
duplicate, in counties of first class, $3; in counties of the
second class, $3.
    For making certificate of redemption, $3.
    For certificate of levy and filing, $3, and the fee for
recording shall be advanced by the judgment creditor and
charged as costs.
    For taking all civil bonds on legal process, civil and
criminal, in counties of first class, $1; in second class, $1.
    For executing copies in criminal cases, $4 and mileage for
each mile of necessary travel, 20 each way.
    For executing requisitions from other states, $5.
    For conveying each prisoner from the prisoner's own county
to the jail of another county, or from another county to the
jail of the prisoner's county, per mile, for going, only, 30.
    For conveying persons to the penitentiary, reformatories,
Illinois State Training School for Boys, Illinois State
Training School for Girls and Reception Centers, the following
fees, payable out of the State treasury. For each person who is
conveyed, 35 per mile in going only to the penitentiary,
reformatory, Illinois State Training School for Boys, Illinois
State Training School for Girls and Reception Centers, from the
place of conviction.
    The fees provided for transporting persons to the
penitentiary, reformatories, Illinois State Training School
for Boys, Illinois State Training School for Girls and
Reception Centers shall be paid for each trip so made. Mileage
as used in this Section means the shortest practical route,
between the place from which the person is to be transported,
to the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls and
Reception Centers and all fees per mile shall be computed on
such basis.
    For conveying any person to or from any of the charitable
institutions of the State, when properly committed by competent
authority, when one person is conveyed, 35 per mile; when two
persons are conveyed at the same time, 35 per mile for the
first person and 20 per mile for the second person; and 10
per mile for each additional person.
    For conveying a person from the penitentiary to the county
jail when required by law, 35 per mile.
    For attending Supreme Court, $10 per day.
    In addition to the above fees there shall be allowed to the
sheriff a fee of $600 for the sale of real estate which is made
by virtue of any judgment of a court, except that in the case
of a sale of unimproved real estate which sells for $10,000 or
less, the fee shall be $150. In addition to this fee and all
other fees provided by this Section, there shall be allowed to
the sheriff a fee in accordance with the following schedule for
the sale of personal estate which is made by virtue of any
judgment of a court:
    For judgments up to $1,000, $75;
    For judgments from $1,001 to $15,000, $150;
    For judgments over $15,000, $300.
    The foregoing fees allowed by this Section are the maximum
fees that may be collected from any officer, agency, department
or other instrumentality of the State. The county board may,
however, by ordinance, increase the fees allowed by this
Section and collect those increased fees from all persons and
entities other than officers, agencies, departments and other
instrumentalities of the State if the increase is justified by
an acceptable cost study showing that the fees allowed by this
Section are not sufficient to cover the costs of providing the
service. A statement of the costs of providing each service,
program and activity shall be prepared by the county board. All
supporting documents shall be public records and subject to
public examination and audit. All direct and indirect costs, as
defined in the United States Office of Management and Budget
Circular A-87, may be included in the determination of the
costs of each service, program and activity.
    In all cases where the judgment is settled by the parties,
replevied, stopped by injunction or paid, or where the property
levied upon is not actually sold, the sheriff shall be allowed
his fee for levying and mileage, together with half the fee for
all money collected by him which he would be entitled to if the
same was made by sale to enforce the judgment. In no case shall
the fee exceed the amount of money arising from the sale.
    The fee requirements of this Section do not apply to police
departments or other law enforcement agencies. For the purposes
of this Section, "law enforcement agency" means an agency of
the State or unit of local government which is vested by law or
ordinance with the duty to maintain public order and to enforce
criminal laws.
(Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
    (55 ILCS 5/4-12001)  (from Ch. 34, par. 4-12001)
    Sec. 4-12001. Fees of sheriff in third class counties. The
officers herein named, in counties of the third class, shall be
entitled to receive the fees herein specified, for the services
mentioned and such other fees as may be provided by law for
such other services not herein designated.
Fees for Sheriff
    For serving or attempting to serve any summons on each
defendant, $35.
    For serving or attempting to serve each alias summons or
other process mileage will be charged as hereinafter provided
when the address for service differs from the address for
service on the original summons or other process.
    For serving or attempting to serve all other process, on
each defendant, $35.
    For serving or attempting to serve a subpoena on each
witness, $35.
    For serving or attempting to serve each warrant, $35.
    For serving or attempting to serve each garnishee, $35.
    For summoning each juror, $10.
    For serving or attempting to serve each order or judgment
for replevin, $35.
    For serving or attempting to serve an order for attachment,
on each defendant, $35.
    For serving or attempting to serve an order or judgment for
the possession of real estate in an action of ejectment or in
any other action, or for restitution in an eviction action,
without aid, $35, and when aid is necessary, the sheriff shall
be allowed to tax in addition the actual costs thereof.
    For serving or attempting to serve notice of judgment, $35.
    For levying to satisfy an order in an action for
attachment, $25.
    For executing order of court to seize personal property,
$25.
    For making certificate of levy on real estate and filing or
recording same, $8, and the fee for filing or recording shall
be advanced by the plaintiff in attachment or by the judgment
creditor and taxed as costs. For taking possession of or
removing property levied on, the sheriff shall be allowed to
tax the necessary actual costs of such possession or removal.
    For advertising property for sale, $20.
    For making certificate of sale and making and filing
duplicate for record, $15, and the fee for recording same shall
be advanced by the judgment creditor and taxed as costs.
    For preparing, executing and acknowledging deed on
redemption from a court sale of real estate, $15; for
preparing, executing and acknowledging all other deeds on sale
of real estate, $10.
    For making and filing certificate of redemption, $15, and
the fee for recording same shall be advanced by party making
the redemption and taxed as costs.
    For making and filing certificate of redemption from a
court sale, $11, and the fee for recording same shall be
advanced by the party making the redemption and taxed as costs.
    For taking all bonds on legal process, $10.
    For taking special bail, $5.
    For returning each process, $15.
    Mileage for service or attempted service of all process is
a $10 flat fee.
    For attending before a court with a prisoner on an order
for habeas corpus, $9 per day.
    For executing requisitions from other States, $13.
    For conveying each prisoner from the prisoner's county to
the jail of another county, per mile for going only, 25.
    For committing to or discharging each prisoner from jail,
$3.
    For feeding each prisoner, such compensation to cover
actual costs as may be fixed by the county board, but such
compensation shall not be considered a part of the fees of the
office.
    For committing each prisoner to jail under the laws of the
United States, to be paid by the marshal or other person
requiring his confinement, $3.
    For feeding such prisoners per day, $3, to be paid by the
marshal or other person requiring the prisoner's confinement.
    For discharging such prisoners, $3.
    For conveying persons to the penitentiary, reformatories,
Illinois State Training School for Boys, Illinois State
Training School for Girls, Reception Centers and Illinois
Security Hospital, the following fees, payable out of the State
Treasury. When one person is conveyed, 20 per mile in going to
the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls,
Reception Centers and Illinois Security Hospital from the place
of conviction; when 2 persons are conveyed at the same time,
20 per mile for the first and 15 per mile for the second
person; when more than 2 persons are conveyed at the same time
as Stated above, the sheriff shall be allowed 20 per mile for
the first, 15 per mile for the second and 10 per mile for
each additional person.
    The fees provided for herein for transporting persons to
the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls,
Reception Centers and Illinois Security Hospital, shall be paid
for each trip so made. Mileage as used in this Section means
the shortest route on a hard surfaced road, (either State Bond
Issue Route or Federal highways) or railroad, whichever is
shorter, between the place from which the person is to be
transported, to the penitentiary, reformatories, Illinois
State Training School for Boys, Illinois State Training School
for Girls, Reception Centers and Illinois Security Hospital,
and all fees per mile shall be computed on such basis.
    In addition to the above fees, there shall be allowed to
the sheriff a fee of $900 for the sale of real estate which
shall be made by virtue of any judgment of a court. In addition
to this fee and all other fees provided by this Section, there
shall be allowed to the sheriff a fee in accordance with the
following schedule for the sale of personal estate which is
made by virtue of any judgment of a court:
    For judgments up to $1,000, $100;
    For judgments over $1,000 to $15,000, $300;
    For judgments over $15,000, $500.
    In all cases where the judgment is settled by the parties,
replevied, stopped by injunction or paid, or where the property
levied upon is not actually sold, the sheriff shall be allowed
the fee for levying and mileage, together with half the fee for
all money collected by him or her which he or she would be
entitled to if the same were made by sale in the enforcement of
a judgment. In no case shall the fee exceed the amount of money
arising from the sale.
    The fee requirements of this Section do not apply to police
departments or other law enforcement agencies. For the purposes
of this Section, "law enforcement agency" means an agency of
the State or unit of local government which is vested by law or
ordinance with the duty to maintain public order and to enforce
criminal laws or ordinances.
    The fee requirements of this Section do not apply to units
of local government or school districts.
(Source: P.A. 100-173, eff. 1-1-18.)
 
    (55 ILCS 5/4-12001.1)  (from Ch. 34, par. 4-12001.1)
    Sec. 4-12001.1. Fees of sheriff in third class counties;
local governments and school districts. The officers herein
named, in counties of the third class, shall be entitled to
receive the fees herein specified from all units of local
government and school districts, for the services mentioned and
such other fees as may be provided by law for such other
services not herein designated.
Fees for Sheriff
    For serving or attempting to serve any summons on each
defendant, $25.
    For serving or attempting to serve each alias summons or
other process mileage will be charged as hereinafter provided
when the address for service differs from the address for
service on the original summons or other process.
    For serving or attempting to serve all other process, on
each defendant, $25.
    For serving or attempting to serve a subpoena on each
witness, $25.
    For serving or attempting to serve each warrant, $25.
    For serving or attempting to serve each garnishee, $25.
    For summoning each juror, $4.
    For serving or attempting to serve each order or judgment
for replevin, $25.
    For serving or attempting to serve an order for attachment,
on each defendant, $25.
    For serving or attempting to serve an order or judgment for
the possession of real estate in an action of ejectment or in
any other action, or for restitution in an eviction action,
without aid, $9, and when aid is necessary, the sheriff shall
be allowed to tax in addition the actual costs thereof.
    For serving or attempting to serve notice of judgment, $25.
    For levying to satisfy an order in an action for
attachment, $25.
    For executing order of court to seize personal property,
$25.
    For making certificate of levy on real estate and filing or
recording same, $3, and the fee for filing or recording shall
be advanced by the plaintiff in attachment or by the judgment
creditor and taxed as costs. For taking possession of or
removing property levied on, the sheriff shall be allowed to
tax the necessary actual costs of such possession or removal.
    For advertising property for sale, $3.
    For making certificate of sale and making and filing
duplicate for record, $3, and the fee for recording same shall
be advanced by the judgment creditor and taxed as costs.
    For preparing, executing and acknowledging deed on
redemption from a court sale of real estate, $6; for preparing,
executing and acknowledging all other deeds on sale of real
estate, $4.
    For making and filing certificate of redemption, $3.50, and
the fee for recording same shall be advanced by party making
the redemption and taxed as costs.
    For making and filing certificate of redemption from a
court sale, $4.50, and the fee for recording same shall be
advanced by the party making the redemption and taxed as costs.
    For taking all bonds on legal process, $2.
    For taking special bail, $2.
    For returning each process, $5.
    Mileage for service or attempted service of all process is
a $10 flat fee.
    For attending before a court with a prisoner on an order
for habeas corpus, $3.50 per day.
    For executing requisitions from other States, $5.
    For conveying each prisoner from the prisoner's county to
the jail of another county, per mile for going only, 25.
    For committing to or discharging each prisoner from jail,
$1.
    For feeding each prisoner, such compensation to cover
actual costs as may be fixed by the county board, but such
compensation shall not be considered a part of the fees of the
office.
    For committing each prisoner to jail under the laws of the
United States, to be paid by the marshal or other person
requiring his confinement, $1.
    For feeding such prisoners per day, $1, to be paid by the
marshal or other person requiring the prisoner's confinement.
    For discharging such prisoners, $1.
    For conveying persons to the penitentiary, reformatories,
Illinois State Training School for Boys, Illinois State
Training School for Girls, Reception Centers and Illinois
Security Hospital, the following fees, payable out of the State
Treasury. When one person is conveyed, 15 per mile in going to
the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls,
Reception Centers and Illinois Security Hospital from the place
of conviction; when 2 persons are conveyed at the same time,
15 per mile for the first and 10 per mile for the second
person; when more than 2 persons are conveyed at the same time
as stated above, the sheriff shall be allowed 15 per mile for
the first, 10 per mile for the second and 5 per mile for each
additional person.
    The fees provided for herein for transporting persons to
the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls,
Reception Centers and Illinois Security Hospital, shall be paid
for each trip so made. Mileage as used in this Section means
the shortest route on a hard surfaced road, (either State Bond
Issue Route or Federal highways) or railroad, whichever is
shorter, between the place from which the person is to be
transported, to the penitentiary, reformatories, Illinois
State Training School for Boys, Illinois State Training School
for Girls, Reception Centers and Illinois Security Hospital,
and all fees per mile shall be computed on such basis.
    In addition to the above fees, there shall be allowed to
the sheriff a fee of $600 for the sale of real estate which
shall be made by virtue of any judgment of a court. In addition
to this fee and all other fees provided by this Section, there
shall be allowed to the sheriff a fee in accordance with the
following schedule for the sale of personal estate which is
made by virtue of any judgment of a court:
    For judgments up to $1,000, $90;
    For judgments over $1,000 to $15,000, $275;
    For judgments over $15,000, $400.
    In all cases where the judgment is settled by the parties,
replevied, stopped by injunction or paid, or where the property
levied upon is not actually sold, the sheriff shall be allowed
the fee for levying and mileage, together with half the fee for
all money collected by him or her which he or she would be
entitled to if the same were made by sale in the enforcement of
a judgment. In no case shall the fee exceed the amount of money
arising from the sale.
     All fees collected under Sections 4-12001 and 4-12001.1
must be used for public safety purposes only.
(Source: P.A. 100-173, eff. 1-1-18.)
 
    Section 10-161. The Counties Code is amended by adding
Section 3-6041 as follows:
 
    (55 ILCS 5/3-6041 new)
    Sec. 3-6041. Military equipment surplus program.
    (a) For purposes of this Section:
    "Bayonet" means a large knife designed to be attached to
the muzzle of a rifle, shotgun, or long gun for the purpose of
hand-to-hand combat.
    "Grenade launcher" means a firearm or firearm accessory
designed to launch small explosive projectiles.
    "Military equipment surplus program" means any federal or
State program allowing a law enforcement agency to obtain
surplus military equipment including, but not limited to, any
program organized under Section 1122 of the National Defense
Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
Section 1033 of the National Defense Authorization Act for
Fiscal Year 1997 (Pub. L. 104-201) or any program established
under 10 U.S.C. 2576a.
    "Tracked armored vehicle" means a vehicle that provides
ballistic protection to its occupants and utilizes a tracked
system installed of wheels for forward motion.
    "Weaponized aircraft, vessel, or vehicle" means any
aircraft, vessel, or vehicle with weapons installed.
    (b) A sheriff's department shall not request or receive
from any military equipment surplus program nor purchase or
otherwise utilize the following equipment:
        (1) tracked armored vehicles;
        (2) weaponized aircraft, vessels, or vehicles;
        (3) firearms of .50-caliber or higher;
        (4) ammunition of .50-caliber or higher;
        (5) grenade launchers; or
        (6) bayonets.
    (c) A home rule county may not regulate the acquisition of
equipment in a manner inconsistent with this Section. This
Section is a limitation under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent
exercise by home rule counties of powers and functions
exercised by the State.
    (d) If the sheriff requests property from a military
equipment surplus program, the sheriff shall publish notice of
the request on a publicly accessible website maintained by the
sheriff or the county within 14 days after the request.
 
    Section 10-165. The Illinois Municipal Code is amended by
adding Section 11-5.1-2 as follows:
 
    (65 ILCS 5/11-5.1-2 new)
    Sec. 11-5.1-2. Military equipment surplus program.
    (a) For purposes of this Section:
    "Bayonet" means large knives designed to be attached to the
muzzle of a rifle, shotgun, or long gun for the purposes of
hand-to-hand combat.
    "Grenade launcher" means a firearm or firearm accessory
designed to launch small explosive projectiles.
    "Military equipment surplus program" means any federal or
state program allowing a law enforcement agency to obtain
surplus military equipment including, but not limit to, any
program organized under Section 1122 of the National Defense
Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
Section 1033 of the National Defense Authorization Act for
Fiscal Year 1997 (Pub. L. 104-201) or any program established
by the United States Department of Defense under 10 U.S.C.
2576a.
    "Tracked armored vehicle" means a vehicle that provides
ballistic protection to its occupants and utilizes a tracked
system installed of wheels for forward motion.
    "Weaponized aircraft, vessels, or vehicles" means any
aircraft, vessel, or vehicle with weapons installed.
    (b) A police department shall not request or receive from
any military equipment surplus program nor purchase or
otherwise utilize the following equipment:
        (1) tracked armored vehicles;
        (2) weaponized aircraft, vessels, or vehicles;
        (3) firearms of .50-caliber or higher;
        (4) ammunition of .50-caliber or higher;
        (5) grenade launchers, grenades, or similar
    explosives; or
        (6) bayonets.
    (c) A home rule municipality may not regulate the
acquisition of equipment in a manner inconsistent with this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule municipalities of powers and
functions exercised by the State.
    (d) If a police department requests other property not
prohibited from a military equipment surplus program, the
police department shall publish notice of the request on a
publicly accessible website maintained by the police
department or the municipality within 14 days after the
request.
 
    (65 ILCS 5/1-2-12.1 rep.)
    Section 10-170. The Illinois Municipal Code is amended by
repealing Section 1-2-12.1.
 
    Section 10-175. The Campus Security Enhancement Act of 2008
is amended by changing Section 15 as follows:
 
    (110 ILCS 12/15)
    Sec. 15. Arrest reports.
    (a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
        (1) Information that identifies the individual,
    including the name, age, address, and photograph, when and
    if available.
        (2) Information detailing any charges relating to the
    arrest.
        (3) The time and location of the arrest.
        (4) The name of the investigating or arresting law
    enforcement agency.
        (5) If the individual is incarcerated, the conditions
    of pretrial release amount of any bail or bond.
        (6) If the individual is incarcerated, the time and
    date that the individual was received, discharged, or
    transferred from the arresting agency's custody.
    (b) The information required by this Section must be made
available to the news media for inspection and copying as soon
as practicable, but in no event shall the time period exceed 72
hours from the arrest. The information described in paragraphs
(3), (4), (5), and (6) of subsection (a), however, may be
withheld if it is determined that disclosure would:
        (1) interfere with pending or actually and reasonably
    contemplated law enforcement proceedings conducted by any
    law enforcement or correctional agency;
        (2) endanger the life or physical safety of law
    enforcement or correctional personnel or any other person;
    or
        (3) compromise the security of any correctional
    facility.
    (c) For the purposes of this Section the term "news media"
means personnel of a newspaper or other periodical issued at
regular intervals whether in print or electronic format, a news
service whether in print or electronic format, a radio station,
a television station, a television network, a community antenna
television service, or a person or corporation engaged in
making news reels or other motion picture news for public
showing.
    (d) Each law enforcement or correctional agency may charge
fees for arrest records, but in no instance may the fee exceed
the actual cost of copying and reproduction. The fees may not
include the cost of the labor used to reproduce the arrest
record.
    (e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
92-335, eff. 8-10-01.)
 
    Section 10-180. The Illinois Insurance Code is amended by
changing Sections 143.19, 143.19.1, and 205 as follows:
 
    (215 ILCS 5/143.19)  (from Ch. 73, par. 755.19)
    Sec. 143.19. Cancellation of automobile insurance policy;
grounds. After a policy of automobile insurance as defined in
Section 143.13(a) has been effective for 60 days, or if such
policy is a renewal policy, the insurer shall not exercise its
option to cancel such policy except for one or more of the
following reasons:
        a. Nonpayment of premium;
        b. The policy was obtained through a material
    misrepresentation;
        c. Any insured violated any of the terms and conditions
    of the policy;
        d. The named insured failed to disclose fully his motor
    vehicle accidents and moving traffic violations for the
    preceding 36 months if called for in the application;
        e. Any insured made a false or fraudulent claim or
    knowingly aided or abetted another in the presentation of
    such a claim;
        f. The named insured or any other operator who either
    resides in the same household or customarily operates an
    automobile insured under such policy:
            1. has, within the 12 months prior to the notice of
        cancellation, had his driver's license under
        suspension or revocation;
            2. is or becomes subject to epilepsy or heart
        attacks, and such individual does not produce a
        certificate from a physician testifying to his
        unqualified ability to operate a motor vehicle safely;
            3. has an accident record, conviction record
        (criminal or traffic), physical, or mental condition
        which is such that his operation of an automobile might
        endanger the public safety;
            4. has, within the 36 months prior to the notice of
        cancellation, been addicted to the use of narcotics or
        other drugs; or
            5. has been convicted, or violated conditions of
        pretrial release forfeited bail, during the 36 months
        immediately preceding the notice of cancellation, for
        any felony, criminal negligence resulting in death,
        homicide or assault arising out of the operation of a
        motor vehicle, operating a motor vehicle while in an
        intoxicated condition or while under the influence of
        drugs, being intoxicated while in, or about, an
        automobile or while having custody of an automobile,
        leaving the scene of an accident without stopping to
        report, theft or unlawful taking of a motor vehicle,
        making false statements in an application for an
        operator's or chauffeur's license or has been
        convicted or pretrial release has been revoked
        forfeited bail for 3 or more violations within the 12
        months immediately preceding the notice of
        cancellation, of any law, ordinance, or regulation
        limiting the speed of motor vehicles or any of the
        provisions of the motor vehicle laws of any state,
        violation of which constitutes a misdemeanor, whether
        or not the violations were repetitions of the same
        offense or different offenses;
        g. The insured automobile is:
            1. so mechanically defective that its operation
        might endanger public safety;
            2. used in carrying passengers for hire or
        compensation (the use of an automobile for a car pool
        shall not be considered use of an automobile for hire
        or compensation);
            3. used in the business of transportation of
        flammables or explosives;
            4. an authorized emergency vehicle;
            5. changed in shape or condition during the policy
        period so as to increase the risk substantially; or
            6. subject to an inspection law and has not been
        inspected or, if inspected, has failed to qualify.
    Nothing in this Section shall apply to nonrenewal.
(Source: P.A. 100-201, eff. 8-18-17.)
 
    (215 ILCS 5/143.19.1)  (from Ch. 73, par. 755.19.1)
    Sec. 143.19.1. Limits on exercise of right of nonrenewal.
After a policy of automobile insurance, as defined in Section
143.13, has been effective or renewed for 5 or more years, the
company shall not exercise its right of non-renewal unless:
    a. The policy was obtained through a material
misrepresentation; or
    b. Any insured violated any of the terms and conditions of
the policy; or
    c. The named insured failed to disclose fully his motor
vehicle accidents and moving traffic violations for the
preceding 36 months, if such information is called for in the
application; or
    d. Any insured made a false or fraudulent claim or
knowingly aided or abetted another in the presentation of such
a claim; or
    e. The named insured or any other operator who either
resides in the same household or customarily operates an
automobile insured under such a policy:
        1. Has, within the 12 months prior to the notice of
    non-renewal had his drivers license under suspension or
    revocation; or
        2. Is or becomes subject to epilepsy or heart attacks,
    and such individual does not produce a certificate from a
    physician testifying to his unqualified ability to operate
    a motor vehicle safely; or
        3. Has an accident record, conviction record (criminal
    or traffic), or a physical or mental condition which is
    such that his operation of an automobile might endanger the
    public safety; or
        4. Has, within the 36 months prior to the notice of
    non-renewal, been addicted to the use of narcotics or other
    drugs; or
        5. Has been convicted or pretrial release has been
    revoked forfeited bail, during the 36 months immediately
    preceding the notice of non-renewal, for any felony,
    criminal negligence resulting in death, homicide or
    assault arising out of the operation of a motor vehicle,
    operating a motor vehicle while in an intoxicated condition
    or while under the influence of drugs, being intoxicated
    while in or about an automobile or while having custody of
    an automobile, leaving the scene of an accident without
    stopping to report, theft or unlawful taking of a motor
    vehicle, making false statements in an application for an
    operators or chauffeurs license, or has been convicted or
    pretrial release has been revoked forfeited bail for 3 or
    more violations within the 12 months immediately preceding
    the notice of non-renewal, of any law, ordinance or
    regulation limiting the speed of motor vehicles or any of
    the provisions of the motor vehicle laws of any state,
    violation of which constitutes a misdemeanor, whether or
    not the violations were repetitions of the same offense or
    different offenses; or
    f. The insured automobile is:
        1. So mechanically defective that its operation might
    endanger public safety; or
        2. Used in carrying passengers for hire or compensation
    (the use of an automobile for a car pool shall not be
    considered use of an automobile for hire or compensation);
    or
        3. Used in the business of transportation of flammables
    or explosives; or
        4. An authorized emergency vehicle; or
        5. Changed in shape or condition during the policy
    period so as to increase the risk substantially; or
        6. Subject to an inspection law and it has not been
    inspected or, if inspected, has failed to qualify; or
    g. The notice of the intention not to renew is mailed to
the insured at least 60 days before the date of nonrenewal as
provided in Section 143.17.
(Source: P.A. 89-669, eff. 1-1-97.)
 
    (215 ILCS 5/205)  (from Ch. 73, par. 817)
    Sec. 205. Priority of distribution of general assets.
    (1) The priorities of distribution of general assets from
the company's estate is to be as follows:
        (a) The costs and expenses of administration,
    including, but not limited to, the following:
            (i) The reasonable expenses of the Illinois
        Insurance Guaranty Fund, the Illinois Life and Health
        Insurance Guaranty Association, and the Illinois
        Health Maintenance Organization Guaranty Association
        and of any similar organization in any other state,
        including overhead, salaries, and other general
        administrative expenses allocable to the receivership
        (administrative and claims handling expenses and
        expenses in connection with arrangements for ongoing
        coverage), but excluding expenses incurred in the
        performance of duties under Section 547 or similar
        duties under the statute governing a similar
        organization in another state. For property and
        casualty insurance guaranty associations that guaranty
        certain obligations of any member company as defined by
        Section 534.5, expenses shall include, but not be
        limited to, loss adjustment expenses, which shall
        include adjusting and other expenses and defense and
        cost containment expenses. The expenses of such
        property and casualty guaranty associations, including
        the Illinois Insurance Guaranty Fund, shall be
        reimbursed as prescribed by Section 545, but shall be
        subordinate to all other costs and expenses of
        administration, including the expenses reimbursed
        pursuant to subparagraph (ii) of this paragraph (a).
            (ii) The expenses expressly approved or ratified
        by the Director as liquidator or rehabilitator,
        including, but not limited to, the following:
                (1) the actual and necessary costs of
            preserving or recovering the property of the
            insurer;
                (2) reasonable compensation for all services
            rendered on behalf of the administrative
            supervisor or receiver;
                (3) any necessary filing fees;
                (4) the fees and mileage payable to witnesses;
                (5) unsecured loans obtained by the receiver;
            and
                (6) expenses approved by the conservator or
        rehabilitator of the insurer, if any, incurred in the
        course of the conservation or rehabilitation that are
        unpaid at the time of the entry of the order of
        liquidation.
        Any unsecured loan falling under item (5) of
    subparagraph (ii) of this paragraph (a) shall have priority
    over all other costs and expenses of administration, unless
    the lender agrees otherwise. Absent agreement to the
    contrary, all other costs and expenses of administration
    shall be shared on a pro-rata basis, except for the
    expenses of property and casualty guaranty associations,
    which shall have a lower priority pursuant to subparagraph
    (i) of this paragraph (a).
        (b) Secured claims, including claims for taxes and
    debts due the federal or any state or local government,
    that are secured by liens perfected prior to the filing of
    the complaint.
        (c) Claims for wages actually owing to employees for
    services rendered within 3 months prior to the date of the
    filing of the complaint, not exceeding $1,000 to each
    employee unless there are claims due the federal government
    under paragraph (f), then the claims for wages shall have a
    priority of distribution immediately following that of
    federal claims under paragraph (f) and immediately
    preceding claims of general creditors under paragraph (g).
        (d) Claims by policyholders, beneficiaries, and
    insureds, under insurance policies, annuity contracts, and
    funding agreements, liability claims against insureds
    covered under insurance policies and insurance contracts
    issued by the company, claims of obligees (and, subject to
    the discretion of the receiver, completion contractors)
    under surety bonds and surety undertakings (not to include
    bail bonds, mortgage or financial guaranty, or other forms
    of insurance offering protection against investment risk),
    claims by principals under surety bonds and surety
    undertakings for wrongful dissipation of collateral by the
    insurer or its agents, and claims incurred during any
    extension of coverage provided under subsection (5) of
    Section 193, and claims of the Illinois Insurance Guaranty
    Fund, the Illinois Life and Health Insurance Guaranty
    Association, the Illinois Health Maintenance Organization
    Guaranty Association, and any similar organization in
    another state as prescribed in Section 545. For purposes of
    this Section, "funding agreement" means an agreement
    whereby an insurer authorized to write business under Class
    1 of Section 4 of this Code may accept and accumulate funds
    and make one or more payments at future dates in amounts
    that are not based upon mortality or morbidity
    contingencies.
        (e) Claims by policyholders, beneficiaries, and
    insureds, the allowed values of which were determined by
    estimation under paragraph (b) of subsection (4) of Section
    209.
        (f) Any other claims due the federal government.
        (g) All other claims of general creditors not falling
    within any other priority under this Section including
    claims for taxes and debts due any state or local
    government which are not secured claims and claims for
    attorneys' fees incurred by the company in contesting its
    conservation, rehabilitation, or liquidation.
        (h) Claims of guaranty fund certificate holders,
    guaranty capital shareholders, capital note holders, and
    surplus note holders.
        (i) Proprietary claims of shareholders, members, or
    other owners.
    Every claim under a written agreement, statute, or rule
providing that the assets in a separate account are not
chargeable with the liabilities arising out of any other
business of the insurer shall be satisfied out of the funded
assets in the separate account equal to, but not to exceed, the
reserves maintained in the separate account under the separate
account agreement, and to the extent, if any, the claim is not
fully discharged thereby, the remainder of the claim shall be
treated as a priority level (d) claim under paragraph (d) of
this subsection to the extent that reserves have been
established in the insurer's general account pursuant to
statute, rule, or the separate account agreement.
    For purposes of this provision, "separate account
policies, contracts, or agreements" means any policies,
contracts, or agreements that provide for separate accounts as
contemplated by Section 245.21.
    To the extent that any assets of an insurer, other than
those assets properly allocated to and maintained in a separate
account, have been used to fund or pay any expenses, taxes, or
policyholder benefits that are attributable to a separate
account policy, contract, or agreement that should have been
paid by a separate account prior to the commencement of
receivership proceedings, then upon the commencement of
receivership proceedings, the separate accounts that benefited
from this payment or funding shall first be used to repay or
reimburse the company's general assets or account for any
unreimbursed net sums due at the commencement of receivership
proceedings prior to the application of the separate account
assets to the satisfaction of liabilities or the corresponding
separate account policies, contracts, and agreements.
    To the extent, if any, reserves or assets maintained in the
separate account are in excess of the amounts needed to satisfy
claims under the separate account contracts, the excess shall
be treated as part of the general assets of the insurer's
estate.
    (2) Within 120 days after the issuance of an Order of
Liquidation with a finding of insolvency against a domestic
company, the Director shall make application to the court
requesting authority to disburse funds to the Illinois
Insurance Guaranty Fund, the Illinois Life and Health Insurance
Guaranty Association, the Illinois Health Maintenance
Organization Guaranty Association, and similar organizations
in other states from time to time out of the company's
marshaled assets as funds become available in amounts equal to
disbursements made by the Illinois Insurance Guaranty Fund, the
Illinois Life and Health Insurance Guaranty Association, the
Illinois Health Maintenance Organization Guaranty Association,
and similar organizations in other states for covered claims
obligations on the presentation of evidence that such
disbursements have been made by the Illinois Insurance Guaranty
Fund, the Illinois Life and Health Insurance Guaranty
Association, the Illinois Health Maintenance Organization
Guaranty Association, and similar organizations in other
states.
    The Director shall establish procedures for the ratable
allocation and distribution of disbursements to the Illinois
Insurance Guaranty Fund, the Illinois Life and Health Insurance
Guaranty Association, the Illinois Health Maintenance
Organization Guaranty Association, and similar organizations
in other states. In determining the amounts available for
disbursement, the Director shall reserve sufficient assets for
the payment of the expenses of administration described in
paragraph (1)(a) of this Section. All funds available for
disbursement after the establishment of the prescribed reserve
shall be promptly distributed. As a condition to receipt of
funds in reimbursement of covered claims obligations, the
Director shall secure from the Illinois Insurance Guaranty
Fund, the Illinois Life and Health Insurance Guaranty
Association, the Illinois Health Maintenance Organization
Guaranty Association, and each similar organization in other
states, an agreement to return to the Director on demand funds
previously received as may be required to pay claims of secured
creditors and claims falling within the priorities established
in paragraphs (a), (b), (c), and (d) of subsection (1) of this
Section in accordance with such priorities.
    (3) The changes made in this Section by this amendatory Act
of the 100th General Assembly apply to all liquidation,
rehabilitation, or conservation proceedings that are pending
on the effective date of this amendatory Act of the 100th
General Assembly and to all future liquidation,
rehabilitation, or conservation proceedings.
    (4) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 100-410, eff. 8-25-17.)
 
    Section 10-185. The Illinois Gambling Act is amended by
changing Section 5.1 as follows:
 
    (230 ILCS 10/5.1)  (from Ch. 120, par. 2405.1)
    Sec. 5.1. Disclosure of records.
    (a) Notwithstanding any applicable statutory provision to
the contrary, the Board shall, on written request from any
person, provide information furnished by an applicant or
licensee concerning the applicant or licensee, his products,
services or gambling enterprises and his business holdings, as
follows:
        (1) The name, business address and business telephone
    number of any applicant or licensee.
        (2) An identification of any applicant or licensee
    including, if an applicant or licensee is not an
    individual, the names and addresses of all stockholders and
    directors, if the entity is a corporation; the names and
    addresses of all members, if the entity is a limited
    liability company; the names and addresses of all partners,
    both general and limited, if the entity is a partnership;
    and the names and addresses of all beneficiaries, if the
    entity is a trust. If an applicant or licensee has a
    pending registration statement filed with the Securities
    and Exchange Commission, only the names of those persons or
    entities holding interest of 5% or more must be provided.
        (3) An identification of any business, including, if
    applicable, the state of incorporation or registration, in
    which an applicant or licensee or an applicant's or
    licensee's spouse or children has an equity interest of
    more than 1%. If an applicant or licensee is a corporation,
    partnership or other business entity, the applicant or
    licensee shall identify any other corporation, partnership
    or business entity in which it has an equity interest of 1%
    or more, including, if applicable, the state of
    incorporation or registration. This information need not
    be provided by a corporation, partnership or other business
    entity that has a pending registration statement filed with
    the Securities and Exchange Commission.
        (4) Whether an applicant or licensee has been indicted,
    convicted, pleaded guilty or nolo contendere, or pretrial
    release has been revoked forfeited bail concerning any
    criminal offense under the laws of any jurisdiction, either
    felony or misdemeanor (except for traffic violations),
    including the date, the name and location of the court,
    arresting agency and prosecuting agency, the case number,
    the offense, the disposition and the location and length of
    incarceration.
        (5) Whether an applicant or licensee has had any
    license or certificate issued by a licensing authority in
    Illinois or any other jurisdiction denied, restricted,
    suspended, revoked or not renewed and a statement
    describing the facts and circumstances concerning the
    denial, restriction, suspension, revocation or
    non-renewal, including the licensing authority, the date
    each such action was taken, and the reason for each such
    action.
        (6) Whether an applicant or licensee has ever filed or
    had filed against it a proceeding in bankruptcy or has ever
    been involved in any formal process to adjust, defer,
    suspend or otherwise work out the payment of any debt
    including the date of filing, the name and location of the
    court, the case and number of the disposition.
        (7) Whether an applicant or licensee has filed, or been
    served with a complaint or other notice filed with any
    public body, regarding the delinquency in the payment of,
    or a dispute over the filings concerning the payment of,
    any tax required under federal, State or local law,
    including the amount, type of tax, the taxing agency and
    time periods involved.
        (8) A statement listing the names and titles of all
    public officials or officers of any unit of government, and
    relatives of said public officials or officers who,
    directly or indirectly, own any financial interest in, have
    any beneficial interest in, are the creditors of or hold
    any debt instrument issued by, or hold or have any interest
    in any contractual or service relationship with, an
    applicant or licensee.
        (9) Whether an applicant or licensee has made, directly
    or indirectly, any political contribution, or any loans,
    donations or other payments, to any candidate or office
    holder, within 5 years from the date of filing the
    application, including the amount and the method of
    payment.
        (10) The name and business telephone number of the
    counsel representing an applicant or licensee in matters
    before the Board.
        (11) A description of any proposed or approved gambling
    operation, including the type of boat, home dock, or casino
    or gaming location, expected economic benefit to the
    community, anticipated or actual number of employees, any
    statement from an applicant or licensee regarding
    compliance with federal and State affirmative action
    guidelines, projected or actual admissions and projected
    or actual adjusted gross gaming receipts.
        (12) A description of the product or service to be
    supplied by an applicant for a supplier's license.
    (b) Notwithstanding any applicable statutory provision to
the contrary, the Board shall, on written request from any
person, also provide the following information:
        (1) The amount of the wagering tax and admission tax
    paid daily to the State of Illinois by the holder of an
    owner's license.
        (2) Whenever the Board finds an applicant for an
    owner's license unsuitable for licensing, a copy of the
    written letter outlining the reasons for the denial.
        (3) Whenever the Board has refused to grant leave for
    an applicant to withdraw his application, a copy of the
    letter outlining the reasons for the refusal.
    (c) Subject to the above provisions, the Board shall not
disclose any information which would be barred by:
        (1) Section 7 of the Freedom of Information Act; or
        (2) The statutes, rules, regulations or
    intergovernmental agreements of any jurisdiction.
    (d) The Board may assess fees for the copying of
information in accordance with Section 6 of the Freedom of
Information Act.
(Source: P.A. 101-31, eff. 6-28-19.)
 
    Section 10-187. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Section 7.5 as follows:
 
    (410 ILCS 70/7.5)
    Sec. 7.5. Prohibition on billing sexual assault survivors
directly for certain services; written notice; billing
protocols.
    (a) A hospital, approved pediatric health care facility,
health care professional, ambulance provider, laboratory, or
pharmacy furnishing medical forensic services, transportation,
follow-up healthcare, or medication to a sexual assault
survivor shall not:
        (1) charge or submit a bill for any portion of the
    costs of the services, transportation, or medications to
    the sexual assault survivor, including any insurance
    deductible, co-pay, co-insurance, denial of claim by an
    insurer, spenddown, or any other out-of-pocket expense;
        (2) communicate with, harass, or intimidate the sexual
    assault survivor for payment of services, including, but
    not limited to, repeatedly calling or writing to the sexual
    assault survivor and threatening to refer the matter to a
    debt collection agency or to an attorney for collection,
    enforcement, or filing of other process;
        (3) refer a bill to a collection agency or attorney for
    collection action against the sexual assault survivor;
        (4) contact or distribute information to affect the
    sexual assault survivor's credit rating; or
        (5) take any other action adverse to the sexual assault
    survivor or his or her family on account of providing
    services to the sexual assault survivor.
    (b) Nothing in this Section precludes a hospital, health
care provider, ambulance provider, laboratory, or pharmacy
from billing the sexual assault survivor or any applicable
health insurance or coverage for inpatient services.
    (c) Every hospital and approved pediatric health care
facility providing treatment services to sexual assault
survivors in accordance with a plan approved under Section 2 of
this Act shall provide a written notice to a sexual assault
survivor. The written notice must include, but is not limited
to, the following:
        (1) a statement that the sexual assault survivor should
    not be directly billed by any ambulance provider providing
    transportation services, or by any hospital, approved
    pediatric health care facility, health care professional,
    laboratory, or pharmacy for the services the sexual assault
    survivor received as an outpatient at the hospital or
    approved pediatric health care facility;
        (2) a statement that a sexual assault survivor who is
    admitted to a hospital may be billed for inpatient services
    provided by a hospital, health care professional,
    laboratory, or pharmacy;
        (3) a statement that prior to leaving the hospital or
    approved pediatric health care facility, the hospital or
    approved pediatric health care facility will give the
    sexual assault survivor a sexual assault services voucher
    for follow-up healthcare if the sexual assault survivor is
    eligible to receive a sexual assault services voucher;
        (4) the definition of "follow-up healthcare" as set
    forth in Section 1a of this Act;
        (5) a phone number the sexual assault survivor may call
    should the sexual assault survivor receive a bill from the
    hospital or approved pediatric health care facility for
    medical forensic services;
        (6) the toll-free phone number of the Office of the
    Illinois Attorney General, Crime Victim Services Division,
    which the sexual assault survivor may call should the
    sexual assault survivor receive a bill from an ambulance
    provider, approved pediatric health care facility, a
    health care professional, a laboratory, or a pharmacy.
    This subsection (c) shall not apply to hospitals that
provide transfer services as defined under Section 1a of this
Act.
    (d) Within 60 days after the effective date of this
amendatory Act of the 99th General Assembly, every health care
professional, except for those employed by a hospital or
hospital affiliate, as defined in the Hospital Licensing Act,
or those employed by a hospital operated under the University
of Illinois Hospital Act, who bills separately for medical or
forensic services must develop a billing protocol that ensures
that no survivor of sexual assault will be sent a bill for any
medical forensic services and submit the billing protocol to
the Crime Victim Services Division of the Office of the
Attorney General for approval. Within 60 days after the
commencement of the provision of medical forensic services,
every health care professional, except for those employed by a
hospital or hospital affiliate, as defined in the Hospital
Licensing Act, or those employed by a hospital operated under
the University of Illinois Hospital Act, who bills separately
for medical or forensic services must develop a billing
protocol that ensures that no survivor of sexual assault is
sent a bill for any medical forensic services and submit the
billing protocol to the Crime Victim Services Division of the
Office of the Attorney General for approval. Health care
professionals who bill as a legal entity may submit a single
billing protocol for the billing entity.
    Within 60 days after the Department's approval of a
treatment plan, an approved pediatric health care facility and
any health care professional employed by an approved pediatric
health care facility must develop a billing protocol that
ensures that no survivor of sexual assault is sent a bill for
any medical forensic services and submit the billing protocol
to the Crime Victim Services Division of the Office of the
Attorney General for approval.
     The billing protocol must include at a minimum:
        (1) a description of training for persons who prepare
    bills for medical and forensic services;
        (2) a written acknowledgement signed by a person who
    has completed the training that the person will not bill
    survivors of sexual assault;
        (3) prohibitions on submitting any bill for any portion
    of medical forensic services provided to a survivor of
    sexual assault to a collection agency;
        (4) prohibitions on taking any action that would
    adversely affect the credit of the survivor of sexual
    assault;
        (5) the termination of all collection activities if the
    protocol is violated; and
        (6) the actions to be taken if a bill is sent to a
    collection agency or the failure to pay is reported to any
    credit reporting agency.
    The Crime Victim Services Division of the Office of the
Attorney General may provide a sample acceptable billing
protocol upon request.
    The Office of the Attorney General shall approve a proposed
protocol if it finds that the implementation of the protocol
would result in no survivor of sexual assault being billed or
sent a bill for medical forensic services.
    If the Office of the Attorney General determines that
implementation of the protocol could result in the billing of a
survivor of sexual assault for medical forensic services, the
Office of the Attorney General shall provide the health care
professional or approved pediatric health care facility with a
written statement of the deficiencies in the protocol. The
health care professional or approved pediatric health care
facility shall have 30 days to submit a revised billing
protocol addressing the deficiencies to the Office of the
Attorney General. The health care professional or approved
pediatric health care facility shall implement the protocol
upon approval by the Crime Victim Services Division of the
Office of the Attorney General.
    The health care professional or approved pediatric health
care facility shall submit any proposed revision to or
modification of an approved billing protocol to the Crime
Victim Services Division of the Office of the Attorney General
for approval. The health care professional or approved
pediatric health care facility shall implement the revised or
modified billing protocol upon approval by the Crime Victim
Services Division of the Office of the Illinois Attorney
General.
    (e) This Section is effective on and after July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
 
    Section 10-190. The Illinois Vehicle Code is amended by
changing Sections 6-204, 6-206, 6-308, 6-500, 6-601, and 16-103
as follows:
 
    (625 ILCS 5/6-204)  (from Ch. 95 1/2, par. 6-204)
    Sec. 6-204. When court to forward license and reports.
    (a) For the purpose of providing to the Secretary of State
the records essential to the performance of the Secretary's
duties under this Code to cancel, revoke or suspend the
driver's license and privilege to drive motor vehicles of
certain minors and of persons found guilty of the criminal
offenses or traffic violations which this Code recognizes as
evidence relating to unfitness to safely operate motor
vehicles, the following duties are imposed upon public
officials:
        (1) Whenever any person is convicted of any offense for
    which this Code makes mandatory the cancellation or
    revocation of the driver's license or permit of such person
    by the Secretary of State, the judge of the court in which
    such conviction is had shall require the surrender to the
    clerk of the court of all driver's licenses or permits then
    held by the person so convicted, and the clerk of the court
    shall, within 5 days thereafter, forward the same, together
    with a report of such conviction, to the Secretary.
        (2) Whenever any person is convicted of any offense
    under this Code or similar offenses under a municipal
    ordinance, other than regulations governing standing,
    parking or weights of vehicles, and excepting the following
    enumerated Sections of this Code: Sections 11-1406
    (obstruction to driver's view or control), 11-1407
    (improper opening of door into traffic), 11-1410 (coasting
    on downgrade), 11-1411 (following fire apparatus),
    11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
    vehicle which is in unsafe condition or improperly
    equipped), 12-201(a) (daytime lights on motorcycles),
    12-202 (clearance, identification and side marker lamps),
    12-204 (lamp or flag on projecting load), 12-205 (failure
    to display the safety lights required), 12-401
    (restrictions as to tire equipment), 12-502 (mirrors),
    12-503 (windshields must be unobstructed and equipped with
    wipers), 12-601 (horns and warning devices), 12-602
    (mufflers, prevention of noise or smoke), 12-603 (seat
    safety belts), 12-702 (certain vehicles to carry flares or
    other warning devices), 12-703 (vehicles for oiling roads
    operated on highways), 12-710 (splash guards and
    replacements), 13-101 (safety tests), 15-101 (size, weight
    and load), 15-102 (width), 15-103 (height), 15-104 (name
    and address on second division vehicles), 15-107 (length of
    vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights),
    15-112 (weights), 15-301 (weights), 15-316 (weights),
    15-318 (weights), and also excepting the following
    enumerated Sections of the Chicago Municipal Code:
    Sections 27-245 (following fire apparatus), 27-254
    (obstruction of traffic), 27-258 (driving vehicle which is
    in unsafe condition), 27-259 (coasting on downgrade),
    27-264 (use of horns and signal devices), 27-265
    (obstruction to driver's view or driver mechanism), 27-267
    (dimming of headlights), 27-268 (unattended motor
    vehicle), 27-272 (illegal funeral procession), 27-273
    (funeral procession on boulevard), 27-275 (driving freight
    hauling vehicles on boulevard), 27-276 (stopping and
    standing of buses or taxicabs), 27-277 (cruising of public
    passenger vehicles), 27-305 (parallel parking), 27-306
    (diagonal parking), 27-307 (parking not to obstruct
    traffic), 27-308 (stopping, standing or parking
    regulated), 27-311 (parking regulations), 27-312 (parking
    regulations), 27-313 (parking regulations), 27-314
    (parking regulations), 27-315 (parking regulations),
    27-316 (parking regulations), 27-317 (parking
    regulations), 27-318 (parking regulations), 27-319
    (parking regulations), 27-320 (parking regulations),
    27-321 (parking regulations), 27-322 (parking
    regulations), 27-324 (loading and unloading at an angle),
    27-333 (wheel and axle loads), 27-334 (load restrictions in
    the downtown district), 27-335 (load restrictions in
    residential areas), 27-338 (width of vehicles), 27-339
    (height of vehicles), 27-340 (length of vehicles), 27-352
    (reflectors on trailers), 27-353 (mufflers), 27-354
    (display of plates), 27-355 (display of city vehicle tax
    sticker), 27-357 (identification of vehicles), 27-358
    (projecting of loads), and also excepting the following
    enumerated paragraphs of Section 2-201 of the Rules and
    Regulations of the Illinois State Toll Highway Authority:
    (l) (driving unsafe vehicle on tollway), (m) (vehicles
    transporting dangerous cargo not properly indicated), it
    shall be the duty of the clerk of the court in which such
    conviction is had within 5 days thereafter to forward to
    the Secretary of State a report of the conviction and the
    court may recommend the suspension of the driver's license
    or permit of the person so convicted.
        The reporting requirements of this subsection shall
    apply to all violations stated in paragraphs (1) and (2) of
    this subsection when the individual has been adjudicated
    under the Juvenile Court Act or the Juvenile Court Act of
    1987. Such reporting requirements shall also apply to
    individuals adjudicated under the Juvenile Court Act or the
    Juvenile Court Act of 1987 who have committed a violation
    of Section 11-501 of this Code, or similar provision of a
    local ordinance, or Section 9-3 of the Criminal Code of
    1961 or the Criminal Code of 2012, relating to the offense
    of reckless homicide, or Section 5-7 of the Snowmobile
    Registration and Safety Act or Section 5-16 of the Boat
    Registration and Safety Act, relating to the offense of
    operating a snowmobile or a watercraft while under the
    influence of alcohol, other drug or drugs, intoxicating
    compound or compounds, or combination thereof. These
    reporting requirements also apply to individuals
    adjudicated under the Juvenile Court Act of 1987 based on
    any offense determined to have been committed in
    furtherance of the criminal activities of an organized
    gang, as provided in Section 5-710 of that Act, if those
    activities involved the operation or use of a motor
    vehicle. It shall be the duty of the clerk of the court in
    which adjudication is had within 5 days thereafter to
    forward to the Secretary of State a report of the
    adjudication and the court order requiring the Secretary of
    State to suspend the minor's driver's license and driving
    privilege for such time as determined by the court, but
    only until he or she attains the age of 18 years. All
    juvenile court dispositions reported to the Secretary of
    State under this provision shall be processed by the
    Secretary of State as if the cases had been adjudicated in
    traffic or criminal court. However, information reported
    relative to the offense of reckless homicide, or Section
    11-501 of this Code, or a similar provision of a local
    ordinance, shall be privileged and available only to the
    Secretary of State, courts, and police officers.
        The reporting requirements of this subsection (a)
    apply to all violations listed in paragraphs (1) and (2) of
    this subsection (a), excluding parking violations, when
    the driver holds a CLP or CDL, regardless of the type of
    vehicle in which the violation occurred, or when any driver
    committed the violation in a commercial motor vehicle as
    defined in Section 6-500 of this Code.
        (3) Whenever an order is entered vacating the
    conditions of pretrial release forfeiture of any bail,
    security or bond given to secure appearance for any offense
    under this Code or similar offenses under municipal
    ordinance, it shall be the duty of the clerk of the court
    in which such vacation was had or the judge of such court
    if such court has no clerk, within 5 days thereafter to
    forward to the Secretary of State a report of the vacation.
        (4) A report of any disposition of court supervision
    for a violation of Sections 6-303, 11-401, 11-501 or a
    similar provision of a local ordinance, 11-503, 11-504, and
    11-506 of this Code, Section 5-7 of the Snowmobile
    Registration and Safety Act, and Section 5-16 of the Boat
    Registration and Safety Act shall be forwarded to the
    Secretary of State. A report of any disposition of court
    supervision for a violation of an offense defined as a
    serious traffic violation in this Code or a similar
    provision of a local ordinance committed by a person under
    the age of 21 years shall be forwarded to the Secretary of
    State.
        (5) Reports of conviction under this Code and
    sentencing hearings under the Juvenile Court Act of 1987 in
    an electronic format or a computer processible medium shall
    be forwarded to the Secretary of State via the Supreme
    Court in the form and format required by the Illinois
    Supreme Court and established by a written agreement
    between the Supreme Court and the Secretary of State. In
    counties with a population over 300,000, instead of
    forwarding reports to the Supreme Court, reports of
    conviction under this Code and sentencing hearings under
    the Juvenile Court Act of 1987 in an electronic format or a
    computer processible medium may be forwarded to the
    Secretary of State by the Circuit Court Clerk in a form and
    format required by the Secretary of State and established
    by written agreement between the Circuit Court Clerk and
    the Secretary of State. Failure to forward the reports of
    conviction or sentencing hearing under the Juvenile Court
    Act of 1987 as required by this Section shall be deemed an
    omission of duty and it shall be the duty of the several
    State's Attorneys to enforce the requirements of this
    Section.
    (b) Whenever a restricted driving permit is forwarded to a
court, as a result of confiscation by a police officer pursuant
to the authority in Section 6-113(f), it shall be the duty of
the clerk, or judge, if the court has no clerk, to forward such
restricted driving permit and a facsimile of the officer's
citation to the Secretary of State as expeditiously as
practicable.
    (c) For the purposes of this Code, a violation of the
conditions of pretrial release forfeiture of bail or collateral
deposited to secure a defendant's appearance in court when the
conditions of pretrial release have forfeiture has not been
vacated, or the failure of a defendant to appear for trial
after depositing his driver's license in lieu of other bail,
shall be equivalent to a conviction.
    (d) For the purpose of providing the Secretary of State
with records necessary to properly monitor and assess driver
performance and assist the courts in the proper disposition of
repeat traffic law offenders, the clerk of the court shall
forward to the Secretary of State, on a form prescribed by the
Secretary, records of a driver's participation in a driver
remedial or rehabilitative program which was required, through
a court order or court supervision, in relation to the driver's
arrest for a violation of Section 11-501 of this Code or a
similar provision of a local ordinance. The clerk of the court
shall also forward to the Secretary, either on paper or in an
electronic format or a computer processible medium as required
under paragraph (5) of subsection (a) of this Section, any
disposition of court supervision for any traffic violation,
excluding those offenses listed in paragraph (2) of subsection
(a) of this Section. These reports shall be sent within 5 days
after disposition, or, if the driver is referred to a driver
remedial or rehabilitative program, within 5 days of the
driver's referral to that program. These reports received by
the Secretary of State, including those required to be
forwarded under paragraph (a)(4), shall be privileged
information, available only (i) to the affected driver, (ii) to
the parent or guardian of a person under the age of 18 years
holding an instruction permit or a graduated driver's license,
and (iii) for use by the courts, police officers, prosecuting
authorities, the Secretary of State, and the driver licensing
administrator of any other state. In accordance with 49 C.F.R.
Part 384, all reports of court supervision, except violations
related to parking, shall be forwarded to the Secretary of
State for all holders of a CLP or CDL or any driver who commits
an offense while driving a commercial motor vehicle. These
reports shall be recorded to the driver's record as a
conviction for use in the disqualification of the driver's
commercial motor vehicle privileges and shall not be privileged
information.
(Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20.)
 
    (625 ILCS 5/6-206)
    Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; right to a hearing.
    (a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without preliminary
hearing upon a showing of the person's records or other
sufficient evidence that the person:
        1. Has committed an offense for which mandatory
    revocation of a driver's license or permit is required upon
    conviction;
        2. Has been convicted of not less than 3 offenses
    against traffic regulations governing the movement of
    vehicles committed within any 12-month 12 month period. No
    revocation or suspension shall be entered more than 6
    months after the date of last conviction;
        3. Has been repeatedly involved as a driver in motor
    vehicle collisions or has been repeatedly convicted of
    offenses against laws and ordinances regulating the
    movement of traffic, to a degree that indicates lack of
    ability to exercise ordinary and reasonable care in the
    safe operation of a motor vehicle or disrespect for the
    traffic laws and the safety of other persons upon the
    highway;
        4. Has by the unlawful operation of a motor vehicle
    caused or contributed to an accident resulting in injury
    requiring immediate professional treatment in a medical
    facility or doctor's office to any person, except that any
    suspension or revocation imposed by the Secretary of State
    under the provisions of this subsection shall start no
    later than 6 months after being convicted of violating a
    law or ordinance regulating the movement of traffic, which
    violation is related to the accident, or shall start not
    more than one year after the date of the accident,
    whichever date occurs later;
        5. Has permitted an unlawful or fraudulent use of a
    driver's license, identification card, or permit;
        6. Has been lawfully convicted of an offense or
    offenses in another state, including the authorization
    contained in Section 6-203.1, which if committed within
    this State would be grounds for suspension or revocation;
        7. Has refused or failed to submit to an examination
    provided for by Section 6-207 or has failed to pass the
    examination;
        8. Is ineligible for a driver's license or permit under
    the provisions of Section 6-103;
        9. Has made a false statement or knowingly concealed a
    material fact or has used false information or
    identification in any application for a license,
    identification card, or permit;
        10. Has possessed, displayed, or attempted to
    fraudulently use any license, identification card, or
    permit not issued to the person;
        11. Has operated a motor vehicle upon a highway of this
    State when the person's driving privilege or privilege to
    obtain a driver's license or permit was revoked or
    suspended unless the operation was authorized by a
    monitoring device driving permit, judicial driving permit
    issued prior to January 1, 2009, probationary license to
    drive, or a restricted driving permit issued under this
    Code;
        12. Has submitted to any portion of the application
    process for another person or has obtained the services of
    another person to submit to any portion of the application
    process for the purpose of obtaining a license,
    identification card, or permit for some other person;
        13. Has operated a motor vehicle upon a highway of this
    State when the person's driver's license or permit was
    invalid under the provisions of Sections 6-107.1 and 6-110;
        14. Has committed a violation of Section 6-301,
    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
    14B of the Illinois Identification Card Act;
        15. Has been convicted of violating Section 21-2 of the
    Criminal Code of 1961 or the Criminal Code of 2012 relating
    to criminal trespass to vehicles if the person exercised
    actual physical control over the vehicle during the
    commission of the offense, in which case the suspension
    shall be for one year;
        16. Has been convicted of violating Section 11-204 of
    this Code relating to fleeing from a peace officer;
        17. Has refused to submit to a test, or tests, as
    required under Section 11-501.1 of this Code and the person
    has not sought a hearing as provided for in Section
    11-501.1;
        18. (Blank);
        19. Has committed a violation of paragraph (a) or (b)
    of Section 6-101 relating to driving without a driver's
    license;
        20. Has been convicted of violating Section 6-104
    relating to classification of driver's license;
        21. Has been convicted of violating Section 11-402 of
    this Code relating to leaving the scene of an accident
    resulting in damage to a vehicle in excess of $1,000, in
    which case the suspension shall be for one year;
        22. Has used a motor vehicle in violating paragraph
    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
    the Criminal Code of 1961 or the Criminal Code of 2012
    relating to unlawful use of weapons, in which case the
    suspension shall be for one year;
        23. Has, as a driver, been convicted of committing a
    violation of paragraph (a) of Section 11-502 of this Code
    for a second or subsequent time within one year of a
    similar violation;
        24. Has been convicted by a court-martial or punished
    by non-judicial punishment by military authorities of the
    United States at a military installation in Illinois or in
    another state of or for a traffic-related traffic related
    offense that is the same as or similar to an offense
    specified under Section 6-205 or 6-206 of this Code;
        25. Has permitted any form of identification to be used
    by another in the application process in order to obtain or
    attempt to obtain a license, identification card, or
    permit;
        26. Has altered or attempted to alter a license or has
    possessed an altered license, identification card, or
    permit;
        27. (Blank);
        28. Has been convicted for a first time of the illegal
    possession, while operating or in actual physical control,
    as a driver, of a motor vehicle, of any controlled
    substance prohibited under the Illinois Controlled
    Substances Act, any cannabis prohibited under the Cannabis
    Control Act, or any methamphetamine prohibited under the
    Methamphetamine Control and Community Protection Act, in
    which case the person's driving privileges shall be
    suspended for one year. Any defendant found guilty of this
    offense while operating a motor vehicle, shall have an
    entry made in the court record by the presiding judge that
    this offense did occur while the defendant was operating a
    motor vehicle and order the clerk of the court to report
    the violation to the Secretary of State;
        29. Has been convicted of the following offenses that
    were committed while the person was operating or in actual
    physical control, as a driver, of a motor vehicle: criminal
    sexual assault, predatory criminal sexual assault of a
    child, aggravated criminal sexual assault, criminal sexual
    abuse, aggravated criminal sexual abuse, juvenile pimping,
    soliciting for a juvenile prostitute, promoting juvenile
    prostitution as described in subdivision (a)(1), (a)(2),
    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
    or the Criminal Code of 2012, and the manufacture, sale or
    delivery of controlled substances or instruments used for
    illegal drug use or abuse in which case the driver's
    driving privileges shall be suspended for one year;
        30. Has been convicted a second or subsequent time for
    any combination of the offenses named in paragraph 29 of
    this subsection, in which case the person's driving
    privileges shall be suspended for 5 years;
        31. Has refused to submit to a test as required by
    Section 11-501.6 of this Code or Section 5-16c of the Boat
    Registration and Safety Act or has submitted to a test
    resulting in an alcohol concentration of 0.08 or more or
    any amount of a drug, substance, or compound resulting from
    the unlawful use or consumption of cannabis as listed in
    the Cannabis Control Act, a controlled substance as listed
    in the Illinois Controlled Substances Act, an intoxicating
    compound as listed in the Use of Intoxicating Compounds
    Act, or methamphetamine as listed in the Methamphetamine
    Control and Community Protection Act, in which case the
    penalty shall be as prescribed in Section 6-208.1;
        32. Has been convicted of Section 24-1.2 of the
    Criminal Code of 1961 or the Criminal Code of 2012 relating
    to the aggravated discharge of a firearm if the offender
    was located in a motor vehicle at the time the firearm was
    discharged, in which case the suspension shall be for 3
    years;
        33. Has as a driver, who was less than 21 years of age
    on the date of the offense, been convicted a first time of
    a violation of paragraph (a) of Section 11-502 of this Code
    or a similar provision of a local ordinance;
        34. Has committed a violation of Section 11-1301.5 of
    this Code or a similar provision of a local ordinance;
        35. Has committed a violation of Section 11-1301.6 of
    this Code or a similar provision of a local ordinance;
        36. Is under the age of 21 years at the time of arrest
    and has been convicted of not less than 2 offenses against
    traffic regulations governing the movement of vehicles
    committed within any 24-month 24 month period. No
    revocation or suspension shall be entered more than 6
    months after the date of last conviction;
        37. Has committed a violation of subsection (c) of
    Section 11-907 of this Code that resulted in damage to the
    property of another or the death or injury of another;
        38. Has been convicted of a violation of Section 6-20
    of the Liquor Control Act of 1934 or a similar provision of
    a local ordinance and the person was an occupant of a motor
    vehicle at the time of the violation;
        39. Has committed a second or subsequent violation of
    Section 11-1201 of this Code;
        40. Has committed a violation of subsection (a-1) of
    Section 11-908 of this Code;
        41. Has committed a second or subsequent violation of
    Section 11-605.1 of this Code, a similar provision of a
    local ordinance, or a similar violation in any other state
    within 2 years of the date of the previous violation, in
    which case the suspension shall be for 90 days;
        42. Has committed a violation of subsection (a-1) of
    Section 11-1301.3 of this Code or a similar provision of a
    local ordinance;
        43. Has received a disposition of court supervision for
    a violation of subsection (a), (d), or (e) of Section 6-20
    of the Liquor Control Act of 1934 or a similar provision of
    a local ordinance and the person was an occupant of a motor
    vehicle at the time of the violation, in which case the
    suspension shall be for a period of 3 months;
        44. Is under the age of 21 years at the time of arrest
    and has been convicted of an offense against traffic
    regulations governing the movement of vehicles after
    having previously had his or her driving privileges
    suspended or revoked pursuant to subparagraph 36 of this
    Section;
        45. Has, in connection with or during the course of a
    formal hearing conducted under Section 2-118 of this Code:
    (i) committed perjury; (ii) submitted fraudulent or
    falsified documents; (iii) submitted documents that have
    been materially altered; or (iv) submitted, as his or her
    own, documents that were in fact prepared or composed for
    another person;
        46. Has committed a violation of subsection (j) of
    Section 3-413 of this Code;
        47. Has committed a violation of subsection (a) of
    Section 11-502.1 of this Code;
        48. Has submitted a falsified or altered medical
    examiner's certificate to the Secretary of State or
    provided false information to obtain a medical examiner's
    certificate; or
        49. Has committed a violation of subsection (b-5) of
    Section 12-610.2 that resulted in great bodily harm,
    permanent disability, or disfigurement, in which case the
    driving privileges shall be suspended for 12 months; or .
        50. 49. Has been convicted of a violation of Section
    11-1002 or 11-1002.5 that resulted in a Type A injury to
    another, in which case the person's driving privileges
    shall be suspended for 12 months.
    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license is
deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license, or a temporary driver's
license.
    (b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be, provided
that a certified copy of a stay order of a court is filed with
the Secretary of State. If the conviction is affirmed on
appeal, the date of the conviction shall relate back to the
time the original judgment of conviction was entered and the
6-month 6 month limitation prescribed shall not apply.
    (c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
    2. If the Secretary of State suspends the driver's license
of a person under subsection 2 of paragraph (a) of this
Section, a person's privilege to operate a vehicle as an
occupation shall not be suspended, provided an affidavit is
properly completed, the appropriate fee received, and a permit
issued prior to the effective date of the suspension, unless 5
offenses were committed, at least 2 of which occurred while
operating a commercial vehicle in connection with the driver's
regular occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must submit
the affidavit on forms to be provided by the Secretary of State
setting forth the facts of the person's occupation. The
affidavit shall also state the number of offenses committed
while operating a vehicle in connection with the driver's
regular occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as set
forth in the notice that was mailed under this Section. If an
affidavit is received subsequent to the effective date of this
suspension, a permit may be issued for the remainder of the
suspension period.
    The provisions of this subparagraph shall not apply to any
driver required to possess a CDL for the purpose of operating a
commercial motor vehicle.
    Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section 6-302
and upon conviction thereof shall have all driving privileges
revoked without further rights.
    3. At the conclusion of a hearing under Section 2-118 of
this Code, the Secretary of State shall either rescind or
continue an order of revocation or shall substitute an order of
suspension; or, good cause appearing therefor, rescind,
continue, change, or extend the order of suspension. If the
Secretary of State does not rescind the order, the Secretary
may upon application, to relieve undue hardship (as defined by
the rules of the Secretary of State), issue a restricted
driving permit granting the privilege of driving a motor
vehicle between the petitioner's residence and petitioner's
place of employment or within the scope of the petitioner's
employment-related employment related duties, or to allow the
petitioner to transport himself or herself, or a family member
of the petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to transport
himself or herself to and from alcohol or drug remedial or
rehabilitative activity recommended by a licensed service
provider, or to allow the petitioner to transport himself or
herself or a family member of the petitioner's household to
classes, as a student, at an accredited educational
institution, or to allow the petitioner to transport children,
elderly persons, or persons with disabilities who do not hold
driving privileges and are living in the petitioner's household
to and from daycare. The petitioner must demonstrate that no
alternative means of transportation is reasonably available
and that the petitioner will not endanger the public safety or
welfare.
        (A) If a person's license or permit is revoked or
    suspended due to 2 or more convictions of violating Section
    11-501 of this Code or a similar provision of a local
    ordinance or a similar out-of-state offense, or Section 9-3
    of the Criminal Code of 1961 or the Criminal Code of 2012,
    where the use of alcohol or other drugs is recited as an
    element of the offense, or a similar out-of-state offense,
    or a combination of these offenses, arising out of separate
    occurrences, that person, if issued a restricted driving
    permit, may not operate a vehicle unless it has been
    equipped with an ignition interlock device as defined in
    Section 1-129.1.
        (B) If a person's license or permit is revoked or
    suspended 2 or more times due to any combination of:
            (i) a single conviction of violating Section
        11-501 of this Code or a similar provision of a local
        ordinance or a similar out-of-state offense or Section
        9-3 of the Criminal Code of 1961 or the Criminal Code
        of 2012, where the use of alcohol or other drugs is
        recited as an element of the offense, or a similar
        out-of-state offense; or
            (ii) a statutory summary suspension or revocation
        under Section 11-501.1; or
            (iii) a suspension under Section 6-203.1;
    arising out of separate occurrences; that person, if issued
    a restricted driving permit, may not operate a vehicle
    unless it has been equipped with an ignition interlock
    device as defined in Section 1-129.1.
        (B-5) If a person's license or permit is revoked or
    suspended due to a conviction for a violation of
    subparagraph (C) or (F) of paragraph (1) of subsection (d)
    of Section 11-501 of this Code, or a similar provision of a
    local ordinance or similar out-of-state offense, that
    person, if issued a restricted driving permit, may not
    operate a vehicle unless it has been equipped with an
    ignition interlock device as defined in Section 1-129.1.
        (C) The person issued a permit conditioned upon the use
    of an ignition interlock device must pay to the Secretary
    of State DUI Administration Fund an amount not to exceed
    $30 per month. The Secretary shall establish by rule the
    amount and the procedures, terms, and conditions relating
    to these fees.
        (D) If the restricted driving permit is issued for
    employment purposes, then the prohibition against
    operating a motor vehicle that is not equipped with an
    ignition interlock device does not apply to the operation
    of an occupational vehicle owned or leased by that person's
    employer when used solely for employment purposes. For any
    person who, within a 5-year period, is convicted of a
    second or subsequent offense under Section 11-501 of this
    Code, or a similar provision of a local ordinance or
    similar out-of-state offense, this employment exemption
    does not apply until either a one-year period has elapsed
    during which that person had his or her driving privileges
    revoked or a one-year period has elapsed during which that
    person had a restricted driving permit which required the
    use of an ignition interlock device on every motor vehicle
    owned or operated by that person.
        (E) In each case the Secretary may issue a restricted
    driving permit for a period deemed appropriate, except that
    all permits shall expire no later than 2 years from the
    date of issuance. A restricted driving permit issued under
    this Section shall be subject to cancellation, revocation,
    and suspension by the Secretary of State in like manner and
    for like cause as a driver's license issued under this Code
    may be cancelled, revoked, or suspended; except that a
    conviction upon one or more offenses against laws or
    ordinances regulating the movement of traffic shall be
    deemed sufficient cause for the revocation, suspension, or
    cancellation of a restricted driving permit. The Secretary
    of State may, as a condition to the issuance of a
    restricted driving permit, require the applicant to
    participate in a designated driver remedial or
    rehabilitative program. The Secretary of State is
    authorized to cancel a restricted driving permit if the
    permit holder does not successfully complete the program.
        (F) A person subject to the provisions of paragraph 4
    of subsection (b) of Section 6-208 of this Code may make
    application for a restricted driving permit at a hearing
    conducted under Section 2-118 of this Code after the
    expiration of 5 years from the effective date of the most
    recent revocation or after 5 years from the date of release
    from a period of imprisonment resulting from a conviction
    of the most recent offense, whichever is later, provided
    the person, in addition to all other requirements of the
    Secretary, shows by clear and convincing evidence:
            (i) a minimum of 3 years of uninterrupted
        abstinence from alcohol and the unlawful use or
        consumption of cannabis under the Cannabis Control
        Act, a controlled substance under the Illinois
        Controlled Substances Act, an intoxicating compound
        under the Use of Intoxicating Compounds Act, or
        methamphetamine under the Methamphetamine Control and
        Community Protection Act; and
            (ii) the successful completion of any
        rehabilitative treatment and involvement in any
        ongoing rehabilitative activity that may be
        recommended by a properly licensed service provider
        according to an assessment of the person's alcohol or
        drug use under Section 11-501.01 of this Code.
        In determining whether an applicant is eligible for a
    restricted driving permit under this subparagraph (F), the
    Secretary may consider any relevant evidence, including,
    but not limited to, testimony, affidavits, records, and the
    results of regular alcohol or drug tests. Persons subject
    to the provisions of paragraph 4 of subsection (b) of
    Section 6-208 of this Code and who have been convicted of
    more than one violation of paragraph (3), paragraph (4), or
    paragraph (5) of subsection (a) of Section 11-501 of this
    Code shall not be eligible to apply for a restricted
    driving permit under this subparagraph (F).
        A restricted driving permit issued under this
    subparagraph (F) shall provide that the holder may only
    operate motor vehicles equipped with an ignition interlock
    device as required under paragraph (2) of subsection (c) of
    Section 6-205 of this Code and subparagraph (A) of
    paragraph 3 of subsection (c) of this Section. The
    Secretary may revoke a restricted driving permit or amend
    the conditions of a restricted driving permit issued under
    this subparagraph (F) if the holder operates a vehicle that
    is not equipped with an ignition interlock device, or for
    any other reason authorized under this Code.
        A restricted driving permit issued under this
    subparagraph (F) shall be revoked, and the holder barred
    from applying for or being issued a restricted driving
    permit in the future, if the holder is convicted of a
    violation of Section 11-501 of this Code, a similar
    provision of a local ordinance, or a similar offense in
    another state.
    (c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
    (c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's license
will be suspended one month after the date of the mailing of
the notice.
    (c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
    (d) This Section is subject to the provisions of the Driver
Drivers License Compact.
    (e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
    (f) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20;
101-470, eff. 7-1-20; 101-623, eff. 7-1-20; revised 1-4-21.)
 
    (625 ILCS 5/6-308)
    Sec. 6-308. Procedures for traffic violations.
    (a) Any person cited for violating this Code or a similar
provision of a local ordinance for which a violation is a petty
offense as defined by Section 5-1-17 of the Unified Code of
Corrections, excluding business offenses as defined by Section
5-1-2 of the Unified Code of Corrections or a violation of
Section 15-111 or subsection (d) of Section 3-401 of this Code,
shall not be required to sign the citation or post bond to
secure bail for his or her release. All other provisions of
this Code or similar provisions of local ordinances shall be
governed by the pretrial release bail provisions of the
Illinois Supreme Court Rules when it is not practical or
feasible to take the person before a judge to have conditions
of pretrial release bail set or to avoid undue delay because of
the hour or circumstances.
    (b) Whenever a person fails to appear in court, the court
may continue the case for a minimum of 30 days and the clerk of
the court shall send notice of the continued court date to the
person's last known address. If the person does not appear in
court on or before the continued court date or satisfy the
court that the person's appearance in and surrender to the
court is impossible for no fault of the person, the court shall
enter an order of failure to appear. The clerk of the court
shall notify the Secretary of State, on a report prescribed by
the Secretary, of the court's order. The Secretary, when
notified by the clerk of the court that an order of failure to
appear has been entered, shall immediately suspend the person's
driver's license, which shall be designated by the Secretary as
a Failure to Appear suspension. The Secretary shall not remove
the suspension, nor issue any permit or privileges to the
person whose license has been suspended, until notified by the
ordering court that the person has appeared and resolved the
violation. Upon compliance, the clerk of the court shall
present the person with a notice of compliance containing the
seal of the court, and shall notify the Secretary that the
person has appeared and resolved the violation.
    (c) Illinois Supreme Court Rules shall govern pretrial
release bail and appearance procedures when a person who is a
resident of another state that is not a member of the
Nonresident Violator Compact of 1977 is cited for violating
this Code or a similar provision of a local ordinance.
(Source: P.A. 100-674, eff. 1-1-19.)
 
    (625 ILCS 5/6-500)  (from Ch. 95 1/2, par. 6-500)
    Sec. 6-500. Definitions of words and phrases.
Notwithstanding the definitions set forth elsewhere in this
Code, for purposes of the Uniform Commercial Driver's License
Act (UCDLA), the words and phrases listed below have the
meanings ascribed to them as follows:
    (1) Alcohol. "Alcohol" means any substance containing any
form of alcohol, including but not limited to ethanol,
methanol, propanol, and isopropanol.
    (2) Alcohol concentration. "Alcohol concentration" means:
        (A) the number of grams of alcohol per 210 liters of
    breath; or
        (B) the number of grams of alcohol per 100 milliliters
    of blood; or
        (C) the number of grams of alcohol per 67 milliliters
    of urine.
    Alcohol tests administered within 2 hours of the driver
being "stopped or detained" shall be considered that driver's
"alcohol concentration" for the purposes of enforcing this
UCDLA.
    (3) (Blank).
    (4) (Blank).
    (5) (Blank).
    (5.3) CDLIS driver record. "CDLIS driver record" means the
electronic record of the individual CDL driver's status and
history stored by the State-of-Record as part of the Commercial
Driver's License Information System, or CDLIS, established
under 49 U.S.C. 31309.
    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
record" or "CDLIS MVR" means a report generated from the CDLIS
driver record meeting the requirements for access to CDLIS
information and provided by states to users authorized in 49
C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
    (5.7) Commercial driver's license downgrade. "Commercial
driver's license downgrade" or "CDL downgrade" means either:
        (A) a state allows the driver to change his or her
    self-certification to interstate, but operating
    exclusively in transportation or operation excepted from
    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
    391.2, 391.68, or 398.3;
        (B) a state allows the driver to change his or her
    self-certification to intrastate only, if the driver
    qualifies under that state's physical qualification
    requirements for intrastate only;
        (C) a state allows the driver to change his or her
    certification to intrastate, but operating exclusively in
    transportation or operations excepted from all or part of
    the state driver qualification requirements; or
        (D) a state removes the CDL privilege from the driver
    license.
    (6) Commercial Motor Vehicle.
        (A) "Commercial motor vehicle" or "CMV" means a motor
    vehicle or combination of motor vehicles used in commerce,
    except those referred to in subdivision (B), designed to
    transport passengers or property if the motor vehicle:
            (i) has a gross combination weight rating or gross
        combination weight of 11,794 kilograms or more (26,001
        pounds or more), whichever is greater, inclusive of any
        towed unit with a gross vehicle weight rating or gross
        vehicle weight of more than 4,536 kilograms (10,000
        pounds), whichever is greater; or
            (i-5) has a gross vehicle weight rating or gross
        vehicle weight of 11,794 or more kilograms (26,001
        pounds or more), whichever is greater; or
            (ii) is designed to transport 16 or more persons,
        including the driver; or
            (iii) is of any size and is used in transporting
        hazardous materials as defined in 49 C.F.R. 383.5.
        (B) Pursuant to the interpretation of the Commercial
    Motor Vehicle Safety Act of 1986 by the Federal Highway
    Administration, the definition of "commercial motor
    vehicle" does not include:
            (i) recreational vehicles, when operated primarily
        for personal use;
            (ii) vehicles owned by or operated under the
        direction of the United States Department of Defense or
        the United States Coast Guard only when operated by
        non-civilian personnel. This includes any operator on
        active military duty; members of the Reserves;
        National Guard; personnel on part-time training; and
        National Guard military technicians (civilians who are
        required to wear military uniforms and are subject to
        the Code of Military Justice); or
            (iii) firefighting, police, and other emergency
        equipment (including, without limitation, equipment
        owned or operated by a HazMat or technical rescue team
        authorized by a county board under Section 5-1127 of
        the Counties Code), with audible and visual signals,
        owned or operated by or for a governmental entity,
        which is necessary to the preservation of life or
        property or the execution of emergency governmental
        functions which are normally not subject to general
        traffic rules and regulations.
    (7) Controlled Substance. "Controlled substance" shall
have the same meaning as defined in Section 102 of the Illinois
Controlled Substances Act, and shall also include cannabis as
defined in Section 3 of the Cannabis Control Act and
methamphetamine as defined in Section 10 of the Methamphetamine
Control and Community Protection Act.
    (8) Conviction. "Conviction" means an unvacated
adjudication of guilt or a determination that a person has
violated or failed to comply with the law in a court of
original jurisdiction or by an authorized administrative
tribunal; an unvacated revocation of pretrial release or
forfeiture of bail or collateral deposited to secure the
person's appearance in court; a plea of guilty or nolo
contendere accepted by the court; the payment of a fine or
court cost regardless of whether the imposition of sentence is
deferred and ultimately a judgment dismissing the underlying
charge is entered; or a violation of a condition of pretrial
release without bail, regardless of whether or not the penalty
is rebated, suspended or probated.
    (8.5) Day. "Day" means calendar day.
    (9) (Blank).
    (10) (Blank).
    (11) (Blank).
    (12) (Blank).
    (13) Driver. "Driver" means any person who drives,
operates, or is in physical control of a commercial motor
vehicle, any person who is required to hold a CDL, or any
person who is a holder of a CDL while operating a
non-commercial motor vehicle.
    (13.5) Driver applicant. "Driver applicant" means an
individual who applies to a state or other jurisdiction to
obtain, transfer, upgrade, or renew a CDL or to obtain or renew
a CLP.
    (13.8) Electronic device. "Electronic device" includes,
but is not limited to, a cellular telephone, personal digital
assistant, pager, computer, or any other device used to input,
write, send, receive, or read text.
    (14) Employee. "Employee" means a person who is employed as
a commercial motor vehicle driver. A person who is
self-employed as a commercial motor vehicle driver must comply
with the requirements of this UCDLA pertaining to employees. An
owner-operator on a long-term lease shall be considered an
employee.
    (15) Employer. "Employer" means a person (including the
United States, a State or a local authority) who owns or leases
a commercial motor vehicle or assigns employees to operate such
a vehicle. A person who is self-employed as a commercial motor
vehicle driver must comply with the requirements of this UCDLA.
    (15.1) Endorsement. "Endorsement" means an authorization
to an individual's CLP or CDL required to permit the individual
to operate certain types of commercial motor vehicles.
    (15.2) Entry-level driver training. "Entry-level driver
training" means the training an entry-level driver receives
from an entity listed on the Federal Motor Carrier Safety
Administration's Training Provider Registry prior to: (i)
taking the CDL skills test required to receive the Class A or
Class B CDL for the first time; (ii) taking the CDL skills test
required to upgrade to a Class A or Class B CDL; or (iii)
taking the CDL skills test required to obtain a passenger or
school bus endorsement for the first time or the CDL knowledge
test required to obtain a hazardous materials endorsement for
the first time.
    (15.3) Excepted interstate. "Excepted interstate" means a
person who operates or expects to operate in interstate
commerce, but engages exclusively in transportation or
operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
398.3 from all or part of the qualification requirements of 49
C.F.R. Part 391 and is not required to obtain a medical
examiner's certificate by 49 C.F.R. 391.45.
    (15.5) Excepted intrastate. "Excepted intrastate" means a
person who operates in intrastate commerce but engages
exclusively in transportation or operations excepted from all
or parts of the state driver qualification requirements.
    (16) (Blank).
    (16.5) Fatality. "Fatality" means the death of a person as
a result of a motor vehicle accident.
    (16.7) Foreign commercial driver. "Foreign commercial
driver" means a person licensed to operate a commercial motor
vehicle by an authority outside the United States, or a citizen
of a foreign country who operates a commercial motor vehicle in
the United States.
    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
sovereign jurisdiction that does not fall within the definition
of "State".
    (18) (Blank).
    (19) (Blank).
    (20) Hazardous materials. "Hazardous material" means any
material that has been designated under 49 U.S.C. 5103 and is
required to be placarded under subpart F of 49 C.F.R. part 172
or any quantity of a material listed as a select agent or toxin
in 42 C.F.R. part 73.
    (20.5) Imminent Hazard. "Imminent hazard" means the
existence of any condition of a vehicle, employee, or
commercial motor vehicle operations that substantially
increases the likelihood of serious injury or death if not
discontinued immediately; or a condition relating to hazardous
material that presents a substantial likelihood that death,
serious illness, severe personal injury, or a substantial
endangerment to health, property, or the environment may occur
before the reasonably foreseeable completion date of a formal
proceeding begun to lessen the risk of that death, illness,
injury or endangerment.
    (20.6) Issuance. "Issuance" means initial issuance,
transfer, renewal, or upgrade of a CLP or CDL and non-domiciled
CLP or CDL.
    (20.7) Issue. "Issue" means initial issuance, transfer,
renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
non-domiciled CDL.
    (21) Long-term lease. "Long-term lease" means a lease of a
commercial motor vehicle by the owner-lessor to a lessee, for a
period of more than 29 days.
    (21.01) Manual transmission. "Manual transmission" means a
transmission utilizing a driver-operated clutch that is
activated by a pedal or lever and a gear-shift mechanism
operated either by hand or foot including those known as a
stick shift, stick, straight drive, or standard transmission.
All other transmissions, whether semi-automatic or automatic,
shall be considered automatic for the purposes of the
standardized restriction code.
    (21.1) Medical examiner. "Medical examiner" means an
individual certified by the Federal Motor Carrier Safety
Administration and listed on the National Registry of Certified
Medical Examiners in accordance with Federal Motor Carrier
Safety Regulations, 49 CFR 390.101 et seq.
    (21.2) Medical examiner's certificate. "Medical examiner's
certificate" means either (1) prior to June 22, 2021, a
document prescribed or approved by the Secretary of State that
is issued by a medical examiner to a driver to medically
qualify him or her to drive; or (2) beginning June 22, 2021, an
electronic submission of results of an examination conducted by
a medical examiner listed on the National Registry of Certified
Medical Examiners to the Federal Motor Carrier Safety
Administration of a driver to medically qualify him or her to
drive.
    (21.5) Medical variance. "Medical variance" means a driver
has received one of the following from the Federal Motor
Carrier Safety Administration which allows the driver to be
issued a medical certificate: (1) an exemption letter
permitting operation of a commercial motor vehicle pursuant to
49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
skill performance evaluation (SPE) certificate permitting
operation of a commercial motor vehicle pursuant to 49 C.F.R.
391.49.
    (21.7) Mobile telephone. "Mobile telephone" means a mobile
communication device that falls under or uses any commercial
mobile radio service, as defined in regulations of the Federal
Communications Commission, 47 CFR 20.3. It does not include
two-way or citizens band radio services.
    (22) Motor Vehicle. "Motor vehicle" means every vehicle
which is self-propelled, and every vehicle which is propelled
by electric power obtained from over head trolley wires but not
operated upon rails, except vehicles moved solely by human
power and motorized wheel chairs.
    (22.2) Motor vehicle record. "Motor vehicle record" means a
report of the driving status and history of a driver generated
from the driver record provided to users, such as drivers or
employers, and is subject to the provisions of the Driver
Privacy Protection Act, 18 U.S.C. 2721-2725.
    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
combination of motor vehicles not defined by the term
"commercial motor vehicle" or "CMV" in this Section.
    (22.7) Non-excepted interstate. "Non-excepted interstate"
means a person who operates or expects to operate in interstate
commerce, is subject to and meets the qualification
requirements under 49 C.F.R. Part 391, and is required to
obtain a medical examiner's certificate by 49 C.F.R. 391.45.
    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
means a person who operates only in intrastate commerce and is
subject to State driver qualification requirements.
    (23) Non-domiciled CLP or Non-domiciled CDL.
"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
respectively, issued by a state or other jurisdiction under
either of the following two conditions:
        (i) to an individual domiciled in a foreign country
    meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
    of the Federal Motor Carrier Safety Administration.
        (ii) to an individual domiciled in another state
    meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
    of the Federal Motor Carrier Safety Administration.
    (24) (Blank).
    (25) (Blank).
    (25.5) Railroad-Highway Grade Crossing Violation.
"Railroad-highway grade crossing violation" means a violation,
while operating a commercial motor vehicle, of any of the
following:
        (A) Section 11-1201, 11-1202, or 11-1425 of this Code.
        (B) Any other similar law or local ordinance of any
    state relating to railroad-highway grade crossing.
    (25.7) School Bus. "School bus" means a commercial motor
vehicle used to transport pre-primary, primary, or secondary
school students from home to school, from school to home, or to
and from school-sponsored events. "School bus" does not include
a bus used as a common carrier.
    (26) Serious Traffic Violation. "Serious traffic
violation" means:
        (A) a conviction when operating a commercial motor
    vehicle, or when operating a non-CMV while holding a CLP or
    CDL, of:
            (i) a violation relating to excessive speeding,
        involving a single speeding charge of 15 miles per hour
        or more above the legal speed limit; or
            (ii) a violation relating to reckless driving; or
            (iii) a violation of any State law or local
        ordinance relating to motor vehicle traffic control
        (other than parking violations) arising in connection
        with a fatal traffic accident; or
            (iv) a violation of Section 6-501, relating to
        having multiple driver's licenses; or
            (v) a violation of paragraph (a) of Section 6-507,
        relating to the requirement to have a valid CLP or CDL;
        or
            (vi) a violation relating to improper or erratic
        traffic lane changes; or
            (vii) a violation relating to following another
        vehicle too closely; or
            (viii) a violation relating to texting while
        driving; or
            (ix) a violation relating to the use of a hand-held
        mobile telephone while driving; or
        (B) any other similar violation of a law or local
    ordinance of any state relating to motor vehicle traffic
    control, other than a parking violation, which the
    Secretary of State determines by administrative rule to be
    serious.
    (27) State. "State" means a state of the United States, the
District of Columbia and any province or territory of Canada.
    (28) (Blank).
    (29) (Blank).
    (30) (Blank).
    (31) (Blank).
    (32) Texting. "Texting" means manually entering
alphanumeric text into, or reading text from, an electronic
device.
        (1) Texting includes, but is not limited to, short
    message service, emailing, instant messaging, a command or
    request to access a World Wide Web page, pressing more than
    a single button to initiate or terminate a voice
    communication using a mobile telephone, or engaging in any
    other form of electronic text retrieval or entry for
    present or future communication.
        (2) Texting does not include:
            (i) inputting, selecting, or reading information
        on a global positioning system or navigation system; or
            (ii) pressing a single button to initiate or
        terminate a voice communication using a mobile
        telephone; or
            (iii) using a device capable of performing
        multiple functions (for example, a fleet management
        system, dispatching device, smart phone, citizens band
        radio, or music player) for a purpose that is not
        otherwise prohibited by Part 392 of the Federal Motor
        Carrier Safety Regulations.
    (32.3) Third party skills test examiner. "Third party
skills test examiner" means a person employed by a third party
tester who is authorized by the State to administer the CDL
skills tests specified in 49 C.F.R. Part 383, subparts G and H.
    (32.5) Third party tester. "Third party tester" means a
person (including, but not limited to, another state, a motor
carrier, a private driver training facility or other private
institution, or a department, agency, or instrumentality of a
local government) authorized by the State to employ skills test
examiners to administer the CDL skills tests specified in 49
C.F.R. Part 383, subparts G and H.
    (32.7) United States. "United States" means the 50 states
and the District of Columbia.
    (33) Use a hand-held mobile telephone. "Use a hand-held
mobile telephone" means:
        (1) using at least one hand to hold a mobile telephone
    to conduct a voice communication;
        (2) dialing or answering a mobile telephone by pressing
    more than a single button; or
        (3) reaching for a mobile telephone in a manner that
    requires a driver to maneuver so that he or she is no
    longer in a seated driving position, restrained by a seat
    belt that is installed in accordance with 49 CFR 393.93 and
    adjusted in accordance with the vehicle manufacturer's
    instructions.
(Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20.)
 
    (625 ILCS 5/6-601)  (from Ch. 95 1/2, par. 6-601)
    Sec. 6-601. Penalties.
    (a) It is a petty offense for any person to violate any of
the provisions of this Chapter unless such violation is by this
Code or other law of this State declared to be a misdemeanor or
a felony.
    (b) General penalties. Unless another penalty is in this
Code or other laws of this State, every person convicted of a
petty offense for the violation of any provision of this
Chapter shall be punished by a fine of not more than $500.
    (c) Unlicensed driving. Except as hereinafter provided a
violation of Section 6-101 shall be:
        1. A Class A misdemeanor if the person failed to obtain
    a driver's license or permit after expiration of a period
    of revocation.
        2. A Class B misdemeanor if the person has been issued
    a driver's license or permit, which has expired, and if the
    period of expiration is greater than one year; or if the
    person has never been issued a driver's license or permit,
    or is not qualified to obtain a driver's license or permit
    because of his age.
        3. A petty offense if the person has been issued a
    temporary visitor's driver's license or permit and is
    unable to provide proof of liability insurance as provided
    in subsection (d-5) of Section 6-105.1.
    If a licensee under this Code is convicted of violating
Section 6-303 for operating a motor vehicle during a time when
such licensee's driver's license was suspended under the
provisions of Section 6-306.3 or 6-308, then such act shall be
a petty offense (provided the licensee has answered the charge
which was the basis of the suspension under Section 6-306.3 or
6-308), and there shall be imposed no additional like period of
suspension as provided in paragraph (b) of Section 6-303.
    (d) For violations of this Code or a similar provision of a
local ordinance for which a violation is a petty offense as
defined by Section 5-1-17 of the Unified Code of Corrections,
excluding business offenses as defined by Section 5-1-2 of the
Unified Code of Corrections or a violation of Section 15-111 or
subsection (d) of Section 3-401 of this Code, if the violation
may be satisfied without a court appearance, the violator may,
pursuant to Supreme Court Rule, satisfy the case with a written
plea of guilty and payment of fines, penalties, and costs as
equal to the bail amount established by the Supreme Court for
the offense.
(Source: P.A. 97-1157, eff. 11-28-13; 98-870, eff. 1-1-15;
98-1134, eff. 1-1-15.)
 
    (625 ILCS 5/16-103)  (from Ch. 95 1/2, par. 16-103)
    Sec. 16-103. Arrest outside county where violation
committed.
    Whenever a defendant is arrested upon a warrant charging a
violation of this Act in a county other than that in which such
warrant was issued, the arresting officer, immediately upon the
request of the defendant, shall take such defendant before a
circuit judge or associate circuit judge in the county in which
the arrest was made who shall admit the defendant to pretrial
release bail for his appearance before the court named in the
warrant. On setting the conditions of pretrial release taking
such bail the circuit judge or associate circuit judge shall
certify such fact on the warrant and deliver the warrant and
conditions of pretrial release undertaking of bail or other
security, or the drivers license of such defendant if
deposited, under the law relating to such licenses, in lieu of
such security, to the officer having charge of the defendant.
Such officer shall then immediately discharge the defendant
from arrest and without delay deliver such warrant and such
acknowledgment by the defendant of his or her receiving the
conditions of pretrial release undertaking of bail, or other
security or drivers license to the court before which the
defendant is required to appear.
(Source: P.A. 77-1280.)
 
    Section 10-191. The Illinois Vehicle Code is amended by
changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8,
11-208.9, and 11-1201.1 as follows:
 
    (625 ILCS 5/6-209.1)
    Sec. 6-209.1. Restoration of driving privileges;
revocation; suspension; cancellation.
    (a) The Secretary shall rescind the suspension or
cancellation of a person's driver's license that has been
suspended or canceled before July 1, 2020 (the effective date
of Public Act 101-623) this amendatory Act of the 101st General
Assembly due to:
        (1) the person being convicted of theft of motor fuel
    under Section Sections 16-25 or 16K-15 of the Criminal Code
    of 1961 or the Criminal Code of 2012;
        (2) the person, since the issuance of the driver's
    license, being adjudged to be afflicted with or suffering
    from any mental disability or disease;
        (3) a violation of Section 6-16 of the Liquor Control
    Act of 1934 or a similar provision of a local ordinance;
        (4) the person being convicted of a violation of
    Section 6-20 of the Liquor Control Act of 1934 or a similar
    provision of a local ordinance, if the person presents a
    certified copy of a court order that includes a finding
    that the person was not an occupant of a motor vehicle at
    the time of the violation;
        (5) the person receiving a disposition of court
    supervision for a violation of subsection subsections (a),
    (d), or (e) of Section 6-20 of the Liquor Control Act of
    1934 or a similar provision of a local ordinance, if the
    person presents a certified copy of a court order that
    includes a finding that the person was not an occupant of a
    motor vehicle at the time of the violation;
        (6) the person failing to pay any fine or penalty due
    or owing as a result of 10 or more violations of a
    municipality's or county's vehicular standing, parking, or
    compliance regulations established by ordinance under
    Section 11-208.3 of this Code;
        (7) the person failing to satisfy any fine or penalty
    resulting from a final order issued by the Illinois State
    Toll Highway Authority relating directly or indirectly to 5
    or more toll violations, toll evasions, or both;
        (8) the person being convicted of a violation of
    Section 4-102 of this Code, if the person presents a
    certified copy of a court order that includes a finding
    that the person did not exercise actual physical control of
    the vehicle at the time of the violation; or
        (9) the person being convicted of criminal trespass to
    vehicles under Section 21-2 of the Criminal Code of 2012,
    if the person presents a certified copy of a court order
    that includes a finding that the person did not exercise
    actual physical control of the vehicle at the time of the
    violation.
    (b) As soon as practicable and no later than July 1, 2021,
the Secretary shall rescind the suspension, cancellation, or
prohibition of renewal of a person's driver's license that has
been suspended, canceled, or whose renewal has been prohibited
before the effective date of this amendatory Act of the 101st
General Assembly due to the person having failed to pay any
fine or penalty for traffic violations, automated traffic law
enforcement system violations as defined in Sections 11-208.6,
and 11-208.8,11-208.9, and 11-1201.1, or abandoned vehicle
fees.
(Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)
 
    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
    Sec. 11-208.3. Administrative adjudication of violations
of traffic regulations concerning the standing, parking, or
condition of vehicles, automated traffic law violations, and
automated speed enforcement system violations.
    (a) Any municipality or county may provide by ordinance for
a system of administrative adjudication of vehicular standing
and parking violations and vehicle compliance violations as
described in this subsection, automated traffic law violations
as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
automated speed enforcement system violations as defined in
Section 11-208.8. The administrative system shall have as its
purpose the fair and efficient enforcement of municipal or
county regulations through the administrative adjudication of
automated speed enforcement system or automated traffic law
violations and violations of municipal or county ordinances
regulating the standing and parking of vehicles, the condition
and use of vehicle equipment, and the display of municipal or
county wheel tax licenses within the municipality's or county's
borders. The administrative system shall only have authority to
adjudicate civil offenses carrying fines not in excess of $500
or requiring the completion of a traffic education program, or
both, that occur after the effective date of the ordinance
adopting such a system under this Section. For purposes of this
Section, "compliance violation" means a violation of a
municipal or county regulation governing the condition or use
of equipment on a vehicle or governing the display of a
municipal or county wheel tax license.
    (b) Any ordinance establishing a system of administrative
adjudication under this Section shall provide for:
        (1) A traffic compliance administrator authorized to
    adopt, distribute, and process parking, compliance, and
    automated speed enforcement system or automated traffic
    law violation notices and other notices required by this
    Section, collect money paid as fines and penalties for
    violation of parking and compliance ordinances and
    automated speed enforcement system or automated traffic
    law violations, and operate an administrative adjudication
    system. The traffic compliance administrator also may make
    a certified report to the Secretary of State under Section
    6-306.5.
        (2) A parking, standing, compliance, automated speed
    enforcement system, or automated traffic law violation
    notice that shall specify or include the date, time, and
    place of violation of a parking, standing, compliance,
    automated speed enforcement system, or automated traffic
    law regulation; the particular regulation violated; any
    requirement to complete a traffic education program; the
    fine and any penalty that may be assessed for late payment
    or failure to complete a required traffic education
    program, or both, when so provided by ordinance; the
    vehicle make or a photograph of the vehicle; the state
    registration number of the vehicle; and the identification
    number of the person issuing the notice. With regard to
    automated speed enforcement system or automated traffic
    law violations, vehicle make shall be specified on the
    automated speed enforcement system or automated traffic
    law violation notice if the notice does not include a
    photograph of the vehicle and the make is available and
    readily discernible. With regard to municipalities or
    counties with a population of 1 million or more, it shall
    be grounds for dismissal of a parking violation if the
    state registration number or vehicle make specified is
    incorrect. The violation notice shall state that the
    completion of any required traffic education program, the
    payment of any indicated fine, and the payment of any
    applicable penalty for late payment or failure to complete
    a required traffic education program, or both, shall
    operate as a final disposition of the violation. The notice
    also shall contain information as to the availability of a
    hearing in which the violation may be contested on its
    merits. The violation notice shall specify the time and
    manner in which a hearing may be had.
        (3) Service of a parking, standing, or compliance
    violation notice by: (i) affixing the original or a
    facsimile of the notice to an unlawfully parked or standing
    vehicle; (ii) handing the notice to the operator of a
    vehicle if he or she is present; or (iii) mailing the
    notice to the address of the registered owner or lessee of
    the cited vehicle as recorded with the Secretary of State
    or the lessor of the motor vehicle within 30 days after the
    Secretary of State or the lessor of the motor vehicle
    notifies the municipality or county of the identity of the
    owner or lessee of the vehicle, but not later than 90 days
    after the date of the violation, except that in the case of
    a lessee of a motor vehicle, service of a parking,
    standing, or compliance violation notice may occur no later
    than 210 days after the violation; and service of an
    automated speed enforcement system or automated traffic
    law violation notice by mail to the address of the
    registered owner or lessee of the cited vehicle as recorded
    with the Secretary of State or the lessor of the motor
    vehicle within 30 days after the Secretary of State or the
    lessor of the motor vehicle notifies the municipality or
    county of the identity of the owner or lessee of the
    vehicle, but not later than 90 days after the violation,
    except that in the case of a lessee of a motor vehicle,
    service of an automated traffic law violation notice may
    occur no later than 210 days after the violation. A person
    authorized by ordinance to issue and serve parking,
    standing, and compliance violation notices shall certify
    as to the correctness of the facts entered on the violation
    notice by signing his or her name to the notice at the time
    of service or, in the case of a notice produced by a
    computerized device, by signing a single certificate to be
    kept by the traffic compliance administrator attesting to
    the correctness of all notices produced by the device while
    it was under his or her control. In the case of an
    automated traffic law violation, the ordinance shall
    require a determination by a technician employed or
    contracted by the municipality or county that, based on
    inspection of recorded images, the motor vehicle was being
    operated in violation of Section 11-208.6, 11-208.9, or
    11-1201.1 or a local ordinance. If the technician
    determines that the vehicle entered the intersection as
    part of a funeral procession or in order to yield the
    right-of-way to an emergency vehicle, a citation shall not
    be issued. In municipalities with a population of less than
    1,000,000 inhabitants and counties with a population of
    less than 3,000,000 inhabitants, the automated traffic law
    ordinance shall require that all determinations by a
    technician that a motor vehicle was being operated in
    violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a
    local ordinance must be reviewed and approved by a law
    enforcement officer or retired law enforcement officer of
    the municipality or county issuing the violation. In
    municipalities with a population of 1,000,000 or more
    inhabitants and counties with a population of 3,000,000 or
    more inhabitants, the automated traffic law ordinance
    shall require that all determinations by a technician that
    a motor vehicle was being operated in violation of Section
    11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must
    be reviewed and approved by a law enforcement officer or
    retired law enforcement officer of the municipality or
    county issuing the violation or by an additional fully
    trained fully-trained reviewing technician who is not
    employed by the contractor who employs the technician who
    made the initial determination. In the case of an automated
    speed enforcement system violation, the ordinance shall
    require a determination by a technician employed by the
    municipality, based upon an inspection of recorded images,
    video or other documentation, including documentation of
    the speed limit and automated speed enforcement signage,
    and documentation of the inspection, calibration, and
    certification of the speed equipment, that the vehicle was
    being operated in violation of Article VI of Chapter 11 of
    this Code or a similar local ordinance. If the technician
    determines that the vehicle speed was not determined by a
    calibrated, certified speed equipment device based upon
    the speed equipment documentation, or if the vehicle was an
    emergency vehicle, a citation may not be issued. The
    automated speed enforcement ordinance shall require that
    all determinations by a technician that a violation
    occurred be reviewed and approved by a law enforcement
    officer or retired law enforcement officer of the
    municipality issuing the violation or by an additional
    fully trained reviewing technician who is not employed by
    the contractor who employs the technician who made the
    initial determination. Routine and independent calibration
    of the speeds produced by automated speed enforcement
    systems and equipment shall be conducted annually by a
    qualified technician. Speeds produced by an automated
    speed enforcement system shall be compared with speeds
    produced by lidar or other independent equipment. Radar or
    lidar equipment shall undergo an internal validation test
    no less frequently than once each week. Qualified
    technicians shall test loop-based loop based equipment no
    less frequently than once a year. Radar equipment shall be
    checked for accuracy by a qualified technician when the
    unit is serviced, when unusual or suspect readings persist,
    or when deemed necessary by a reviewing technician. Radar
    equipment shall be checked with the internal frequency
    generator and the internal circuit test whenever the radar
    is turned on. Technicians must be alert for any unusual or
    suspect readings, and if unusual or suspect readings of a
    radar unit persist, that unit shall immediately be removed
    from service and not returned to service until it has been
    checked by a qualified technician and determined to be
    functioning properly. Documentation of the annual
    calibration results, including the equipment tested, test
    date, technician performing the test, and test results,
    shall be maintained and available for use in the
    determination of an automated speed enforcement system
    violation and issuance of a citation. The technician
    performing the calibration and testing of the automated
    speed enforcement equipment shall be trained and certified
    in the use of equipment for speed enforcement purposes.
    Training on the speed enforcement equipment may be
    conducted by law enforcement, civilian, or manufacturer's
    personnel and if applicable may be equivalent to the
    equipment use and operations training included in the Speed
    Measuring Device Operator Program developed by the
    National Highway Traffic Safety Administration (NHTSA).
    The vendor or technician who performs the work shall keep
    accurate records on each piece of equipment the technician
    calibrates and tests. As used in this paragraph, "fully
    trained fully-trained reviewing technician" means a person
    who has received at least 40 hours of supervised training
    in subjects which shall include image inspection and
    interpretation, the elements necessary to prove a
    violation, license plate identification, and traffic
    safety and management. In all municipalities and counties,
    the automated speed enforcement system or automated
    traffic law ordinance shall require that no additional fee
    shall be charged to the alleged violator for exercising his
    or her right to an administrative hearing, and persons
    shall be given at least 25 days following an administrative
    hearing to pay any civil penalty imposed by a finding that
    Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
    similar local ordinance has been violated. The original or
    a facsimile of the violation notice or, in the case of a
    notice produced by a computerized device, a printed record
    generated by the device showing the facts entered on the
    notice, shall be retained by the traffic compliance
    administrator, and shall be a record kept in the ordinary
    course of business. A parking, standing, compliance,
    automated speed enforcement system, or automated traffic
    law violation notice issued, signed, and served in
    accordance with this Section, a copy of the notice, or the
    computer-generated computer generated record shall be
    prima facie correct and shall be prima facie evidence of
    the correctness of the facts shown on the notice. The
    notice, copy, or computer-generated computer generated
    record shall be admissible in any subsequent
    administrative or legal proceedings.
        (4) An opportunity for a hearing for the registered
    owner of the vehicle cited in the parking, standing,
    compliance, automated speed enforcement system, or
    automated traffic law violation notice in which the owner
    may contest the merits of the alleged violation, and during
    which formal or technical rules of evidence shall not
    apply; provided, however, that under Section 11-1306 of
    this Code the lessee of a vehicle cited in the violation
    notice likewise shall be provided an opportunity for a
    hearing of the same kind afforded the registered owner. The
    hearings shall be recorded, and the person conducting the
    hearing on behalf of the traffic compliance administrator
    shall be empowered to administer oaths and to secure by
    subpoena both the attendance and testimony of witnesses and
    the production of relevant books and papers. Persons
    appearing at a hearing under this Section may be
    represented by counsel at their expense. The ordinance may
    also provide for internal administrative review following
    the decision of the hearing officer.
        (5) Service of additional notices, sent by first class
    United States mail, postage prepaid, to the address of the
    registered owner of the cited vehicle as recorded with the
    Secretary of State or, if any notice to that address is
    returned as undeliverable, to the last known address
    recorded in a United States Post Office approved database,
    or, under Section 11-1306 or subsection (p) of Section
    11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
    of this Code, to the lessee of the cited vehicle at the
    last address known to the lessor of the cited vehicle at
    the time of lease or, if any notice to that address is
    returned as undeliverable, to the last known address
    recorded in a United States Post Office approved database.
    The service shall be deemed complete as of the date of
    deposit in the United States mail. The notices shall be in
    the following sequence and shall include, but not be
    limited to, the information specified herein:
            (i) A second notice of parking, standing, or
        compliance violation if the first notice of the
        violation was issued by affixing the original or a
        facsimile of the notice to the unlawfully parked
        vehicle or by handing the notice to the operator. This
        notice shall specify or include the date and location
        of the violation cited in the parking, standing, or
        compliance violation notice, the particular regulation
        violated, the vehicle make or a photograph of the
        vehicle, the state registration number of the vehicle,
        any requirement to complete a traffic education
        program, the fine and any penalty that may be assessed
        for late payment or failure to complete a traffic
        education program, or both, when so provided by
        ordinance, the availability of a hearing in which the
        violation may be contested on its merits, and the time
        and manner in which the hearing may be had. The notice
        of violation shall also state that failure to complete
        a required traffic education program, to pay the
        indicated fine and any applicable penalty, or to appear
        at a hearing on the merits in the time and manner
        specified, will result in a final determination of
        violation liability for the cited violation in the
        amount of the fine or penalty indicated, and that, upon
        the occurrence of a final determination of violation
        liability for the failure, and the exhaustion of, or
        failure to exhaust, available administrative or
        judicial procedures for review, any incomplete traffic
        education program or any unpaid fine or penalty, or
        both, will constitute a debt due and owing the
        municipality or county.
            (ii) A notice of final determination of parking,
        standing, compliance, automated speed enforcement
        system, or automated traffic law violation liability.
        This notice shall be sent following a final
        determination of parking, standing, compliance,
        automated speed enforcement system, or automated
        traffic law violation liability and the conclusion of
        judicial review procedures taken under this Section.
        The notice shall state that the incomplete traffic
        education program or the unpaid fine or penalty, or
        both, is a debt due and owing the municipality or
        county. The notice shall contain warnings that failure
        to complete any required traffic education program or
        to pay any fine or penalty due and owing the
        municipality or county, or both, within the time
        specified may result in the municipality's or county's
        filing of a petition in the Circuit Court to have the
        incomplete traffic education program or unpaid fine or
        penalty, or both, rendered a judgment as provided by
        this Section, or, where applicable, may result in
        suspension of the person's driver's drivers license
        for failure to complete a traffic education program or
        to pay fines or penalties, or both, for 5 or more
        automated traffic law violations under Section
        11-208.6 or 11-208.9 or automated speed enforcement
        system violations under Section 11-208.8.
        (6) A notice of impending driver's drivers license
    suspension. This notice shall be sent to the person liable
    for failure to complete a required traffic education
    program or to pay any fine or penalty that remains due and
    owing, or both, on 5 or more unpaid automated speed
    enforcement system or automated traffic law violations.
    The notice shall state that failure to complete a required
    traffic education program or to pay the fine or penalty
    owing, or both, within 45 days of the notice's date will
    result in the municipality or county notifying the
    Secretary of State that the person is eligible for
    initiation of suspension proceedings under Section 6-306.5
    of this Code. The notice shall also state that the person
    may obtain a photostatic copy of an original ticket
    imposing a fine or penalty by sending a self-addressed self
    addressed, stamped envelope to the municipality or county
    along with a request for the photostatic copy. The notice
    of impending driver's drivers license suspension shall be
    sent by first class United States mail, postage prepaid, to
    the address recorded with the Secretary of State or, if any
    notice to that address is returned as undeliverable, to the
    last known address recorded in a United States Post Office
    approved database.
        (7) Final determinations of violation liability. A
    final determination of violation liability shall occur
    following failure to complete the required traffic
    education program or to pay the fine or penalty, or both,
    after a hearing officer's determination of violation
    liability and the exhaustion of or failure to exhaust any
    administrative review procedures provided by ordinance.
    Where a person fails to appear at a hearing to contest the
    alleged violation in the time and manner specified in a
    prior mailed notice, the hearing officer's determination
    of violation liability shall become final: (A) upon denial
    of a timely petition to set aside that determination, or
    (B) upon expiration of the period for filing the petition
    without a filing having been made.
        (8) A petition to set aside a determination of parking,
    standing, compliance, automated speed enforcement system,
    or automated traffic law violation liability that may be
    filed by a person owing an unpaid fine or penalty. A
    petition to set aside a determination of liability may also
    be filed by a person required to complete a traffic
    education program. The petition shall be filed with and
    ruled upon by the traffic compliance administrator in the
    manner and within the time specified by ordinance. The
    grounds for the petition may be limited to: (A) the person
    not having been the owner or lessee of the cited vehicle on
    the date the violation notice was issued, (B) the person
    having already completed the required traffic education
    program or paid the fine or penalty, or both, for the
    violation in question, and (C) excusable failure to appear
    at or request a new date for a hearing. With regard to
    municipalities or counties with a population of 1 million
    or more, it shall be grounds for dismissal of a parking
    violation if the state registration number or vehicle make,
    only if specified in the violation notice, is incorrect.
    After the determination of parking, standing, compliance,
    automated speed enforcement system, or automated traffic
    law violation liability has been set aside upon a showing
    of just cause, the registered owner shall be provided with
    a hearing on the merits for that violation.
        (9) Procedures for non-residents. Procedures by which
    persons who are not residents of the municipality or county
    may contest the merits of the alleged violation without
    attending a hearing.
        (10) A schedule of civil fines for violations of
    vehicular standing, parking, compliance, automated speed
    enforcement system, or automated traffic law regulations
    enacted by ordinance pursuant to this Section, and a
    schedule of penalties for late payment of the fines or
    failure to complete required traffic education programs,
    provided, however, that the total amount of the fine and
    penalty for any one violation shall not exceed $250, except
    as provided in subsection (c) of Section 11-1301.3 of this
    Code.
        (11) Other provisions as are necessary and proper to
    carry into effect the powers granted and purposes stated in
    this Section.
    (c) Any municipality or county establishing vehicular
standing, parking, compliance, automated speed enforcement
system, or automated traffic law regulations under this Section
may also provide by ordinance for a program of vehicle
immobilization for the purpose of facilitating enforcement of
those regulations. The program of vehicle immobilization shall
provide for immobilizing any eligible vehicle upon the public
way by presence of a restraint in a manner to prevent operation
of the vehicle. Any ordinance establishing a program of vehicle
immobilization under this Section shall provide:
        (1) Criteria for the designation of vehicles eligible
    for immobilization. A vehicle shall be eligible for
    immobilization when the registered owner of the vehicle has
    accumulated the number of incomplete traffic education
    programs or unpaid final determinations of parking,
    standing, compliance, automated speed enforcement system,
    or automated traffic law violation liability, or both, as
    determined by ordinance.
        (2) A notice of impending vehicle immobilization and a
    right to a hearing to challenge the validity of the notice
    by disproving liability for the incomplete traffic
    education programs or unpaid final determinations of
    parking, standing, compliance, automated speed enforcement
    system, or automated traffic law violation liability, or
    both, listed on the notice.
        (3) The right to a prompt hearing after a vehicle has
    been immobilized or subsequently towed without the
    completion of the required traffic education program or
    payment of the outstanding fines and penalties on parking,
    standing, compliance, automated speed enforcement system,
    or automated traffic law violations, or both, for which
    final determinations have been issued. An order issued
    after the hearing is a final administrative decision within
    the meaning of Section 3-101 of the Code of Civil
    Procedure.
        (4) A post immobilization and post-towing notice
    advising the registered owner of the vehicle of the right
    to a hearing to challenge the validity of the impoundment.
    (d) Judicial review of final determinations of parking,
standing, compliance, automated speed enforcement system, or
automated traffic law violations and final administrative
decisions issued after hearings regarding vehicle
immobilization and impoundment made under this Section shall be
subject to the provisions of the Administrative Review Law.
    (e) Any fine, penalty, incomplete traffic education
program, or part of any fine or any penalty remaining unpaid
after the exhaustion of, or the failure to exhaust,
administrative remedies created under this Section and the
conclusion of any judicial review procedures shall be a debt
due and owing the municipality or county and, as such, may be
collected in accordance with applicable law. Completion of any
required traffic education program and payment in full of any
fine or penalty resulting from a standing, parking, compliance,
automated speed enforcement system, or automated traffic law
violation shall constitute a final disposition of that
violation.
    (f) After the expiration of the period within which
judicial review may be sought for a final determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation, the municipality or
county may commence a proceeding in the Circuit Court for
purposes of obtaining a judgment on the final determination of
violation. Nothing in this Section shall prevent a municipality
or county from consolidating multiple final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violations against a person in
a proceeding. Upon commencement of the action, the municipality
or county shall file a certified copy or record of the final
determination of parking, standing, compliance, automated
speed enforcement system, or automated traffic law violation,
which shall be accompanied by a certification that recites
facts sufficient to show that the final determination of
violation was issued in accordance with this Section and the
applicable municipal or county ordinance. Service of the
summons and a copy of the petition may be by any method
provided by Section 2-203 of the Code of Civil Procedure or by
certified mail, return receipt requested, provided that the
total amount of fines and penalties for final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violations does not exceed
$2500. If the court is satisfied that the final determination
of parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation was entered in
accordance with the requirements of this Section and the
applicable municipal or county ordinance, and that the
registered owner or the lessee, as the case may be, had an
opportunity for an administrative hearing and for judicial
review as provided in this Section, the court shall render
judgment in favor of the municipality or county and against the
registered owner or the lessee for the amount indicated in the
final determination of parking, standing, compliance,
automated speed enforcement system, or automated traffic law
violation, plus costs. The judgment shall have the same effect
and may be enforced in the same manner as other judgments for
the recovery of money.
    (g) The fee for participating in a traffic education
program under this Section shall not exceed $25.
    A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
revised 12-21-20.)
 
    (625 ILCS 5/11-208.6)
    Sec. 11-208.6. Automated traffic law enforcement system.
    (a) As used in this Section, "automated traffic law
enforcement system" means a device with one or more motor
vehicle sensors working in conjunction with a red light signal
to produce recorded images of motor vehicles entering an
intersection against a red signal indication in violation of
Section 11-306 of this Code or a similar provision of a local
ordinance.
    An automated traffic law enforcement system is a system, in
a municipality or county operated by a governmental agency,
that produces a recorded image of a motor vehicle's violation
of a provision of this Code or a local ordinance and is
designed to obtain a clear recorded image of the vehicle and
the vehicle's license plate. The recorded image must also
display the time, date, and location of the violation.
    (b) As used in this Section, "recorded images" means images
recorded by an automated traffic law enforcement system on:
        (1) 2 or more photographs;
        (2) 2 or more microphotographs;
        (3) 2 or more electronic images; or
        (4) a video recording showing the motor vehicle and, on
    at least one image or portion of the recording, clearly
    identifying the registration plate or digital registration
    plate number of the motor vehicle.
    (b-5) A municipality or county that produces a recorded
image of a motor vehicle's violation of a provision of this
Code or a local ordinance must make the recorded images of a
violation accessible to the alleged violator by providing the
alleged violator with a website address, accessible through the
Internet.
    (c) Except as provided under Section 11-208.8 of this Code,
a county or municipality, including a home rule county or
municipality, may not use an automated traffic law enforcement
system to provide recorded images of a motor vehicle for the
purpose of recording its speed. Except as provided under
Section 11-208.8 of this Code, the regulation of the use of
automated traffic law enforcement systems to record vehicle
speeds is an exclusive power and function of the State. This
subsection (c) is a denial and limitation of home rule powers
and functions under subsection (h) of Section 6 of Article VII
of the Illinois Constitution.
    (c-5) A county or municipality, including a home rule
county or municipality, may not use an automated traffic law
enforcement system to issue violations in instances where the
motor vehicle comes to a complete stop and does not enter the
intersection, as defined by Section 1-132 of this Code, during
the cycle of the red signal indication unless one or more
pedestrians or bicyclists are present, even if the motor
vehicle stops at a point past a stop line or crosswalk where a
driver is required to stop, as specified in subsection (c) of
Section 11-306 of this Code or a similar provision of a local
ordinance.
    (c-6) A county, or a municipality with less than 2,000,000
inhabitants, including a home rule county or municipality, may
not use an automated traffic law enforcement system to issue
violations in instances where a motorcyclist enters an
intersection against a red signal indication when the red
signal fails to change to a green signal within a reasonable
period of time not less than 120 seconds because of a signal
malfunction or because the signal has failed to detect the
arrival of the motorcycle due to the motorcycle's size or
weight.
    (d) For each violation of a provision of this Code or a
local ordinance recorded by an automatic traffic law
enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, within 30 days after the Secretary of State
notifies the municipality or county of the identity of the
owner of the vehicle, but in no event later than 90 days after
the violation.
    The notice shall include:
        (1) the name and address of the registered owner of the
    vehicle;
        (2) the registration number of the motor vehicle
    involved in the violation;
        (3) the violation charged;
        (4) the location where the violation occurred;
        (5) the date and time of the violation;
        (6) a copy of the recorded images;
        (7) the amount of the civil penalty imposed and the
    requirements of any traffic education program imposed and
    the date by which the civil penalty should be paid and the
    traffic education program should be completed;
        (8) a statement that recorded images are evidence of a
    violation of a red light signal;
        (9) a warning that failure to pay the civil penalty, to
    complete a required traffic education program, or to
    contest liability in a timely manner is an admission of
    liability and may result in a suspension of the driving
    privileges of the registered owner of the vehicle;
        (10) a statement that the person may elect to proceed
    by:
            (A) paying the fine, completing a required traffic
        education program, or both; or
            (B) challenging the charge in court, by mail, or by
        administrative hearing; and
        (11) a website address, accessible through the
    Internet, where the person may view the recorded images of
    the violation.
    (e) (Blank). If a person charged with a traffic violation,
as a result of an automated traffic law enforcement system,
does not pay the fine or complete a required traffic education
program, or both, or successfully contest the civil penalty
resulting from that violation, the Secretary of State shall
suspend the driving privileges of the registered owner of the
vehicle under Section 6-306.5 of this Code for failing to
complete a required traffic education program or to pay any
fine or penalty due and owing, or both, as a result of a
combination of 5 violations of the automated traffic law
enforcement system or the automated speed enforcement system
under Section 11-208.8 of this Code.
    (f) Based on inspection of recorded images produced by an
automated traffic law enforcement system, a notice alleging
that the violation occurred shall be evidence of the facts
contained in the notice and admissible in any proceeding
alleging a violation under this Section.
    (g) Recorded images made by an automatic traffic law
enforcement system are confidential and shall be made available
only to the alleged violator and governmental and law
enforcement agencies for purposes of adjudicating a violation
of this Section, for statistical purposes, or for other
governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
    (h) The court or hearing officer may consider in defense of
a violation:
        (1) that the motor vehicle or registration plates or
    digital registration plates of the motor vehicle were
    stolen before the violation occurred and not under the
    control of or in the possession of the owner at the time of
    the violation;
        (2) that the driver of the vehicle passed through the
    intersection when the light was red either (i) in order to
    yield the right-of-way to an emergency vehicle or (ii) as
    part of a funeral procession; and
        (3) any other evidence or issues provided by municipal
    or county ordinance.
    (i) To demonstrate that the motor vehicle or the
registration plates or digital registration plates were stolen
before the violation occurred and were not under the control or
possession of the owner at the time of the violation, the owner
must submit proof that a report concerning the stolen motor
vehicle or registration plates was filed with a law enforcement
agency in a timely manner.
    (j) Unless the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time of
the violation, the motor vehicle owner is subject to a civil
penalty not exceeding $100 or the completion of a traffic
education program, or both, plus an additional penalty of not
more than $100 for failure to pay the original penalty or to
complete a required traffic education program, or both, in a
timely manner, if the motor vehicle is recorded by an automated
traffic law enforcement system. A violation for which a civil
penalty is imposed under this Section is not a violation of a
traffic regulation governing the movement of vehicles and may
not be recorded on the driving record of the owner of the
vehicle.
    (j-3) A registered owner who is a holder of a valid
commercial driver's license is not required to complete a
traffic education program.
    (j-5) For purposes of the required traffic education
program only, a registered owner may submit an affidavit to the
court or hearing officer swearing that at the time of the
alleged violation, the vehicle was in the custody and control
of another person. The affidavit must identify the person in
custody and control of the vehicle, including the person's name
and current address. The person in custody and control of the
vehicle at the time of the violation is required to complete
the required traffic education program. If the person in
custody and control of the vehicle at the time of the violation
completes the required traffic education program, the
registered owner of the vehicle is not required to complete a
traffic education program.
    (k) An intersection equipped with an automated traffic law
enforcement system must be posted with a sign visible to
approaching traffic indicating that the intersection is being
monitored by an automated traffic law enforcement system.
    (k-3) A municipality or county that has one or more
intersections equipped with an automated traffic law
enforcement system must provide notice to drivers by posting
the locations of automated traffic law systems on the
municipality or county website.
    (k-5) An intersection equipped with an automated traffic
law enforcement system must have a yellow change interval that
conforms with the Illinois Manual on Uniform Traffic Control
Devices (IMUTCD) published by the Illinois Department of
Transportation.
    (k-7) A municipality or county operating an automated
traffic law enforcement system shall conduct a statistical
analysis to assess the safety impact of each automated traffic
law enforcement system at an intersection following
installation of the system. The statistical analysis shall be
based upon the best available crash, traffic, and other data,
and shall cover a period of time before and after installation
of the system sufficient to provide a statistically valid
comparison of safety impact. The statistical analysis shall be
consistent with professional judgment and acceptable industry
practice. The statistical analysis also shall be consistent
with the data required for valid comparisons of before and
after conditions and shall be conducted within a reasonable
period following the installation of the automated traffic law
enforcement system. The statistical analysis required by this
subsection (k-7) shall be made available to the public and
shall be published on the website of the municipality or
county. If the statistical analysis for the 36 month period
following installation of the system indicates that there has
been an increase in the rate of accidents at the approach to
the intersection monitored by the system, the municipality or
county shall undertake additional studies to determine the
cause and severity of the accidents, and may take any action
that it determines is necessary or appropriate to reduce the
number or severity of the accidents at that intersection.
    (l) The compensation paid for an automated traffic law
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
    (m) This Section applies only to the counties of Cook,
DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
to municipalities located within those counties.
    (n) The fee for participating in a traffic education
program under this Section shall not exceed $25.
    A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
    (o) (Blank). A municipality or county shall make a
certified report to the Secretary of State pursuant to Section
6-306.5 of this Code whenever a registered owner of a vehicle
has failed to pay any fine or penalty due and owing as a result
of a combination of 5 offenses for automated traffic law or
speed enforcement system violations.
    (p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and address
of the lessee. The drivers license number of a lessee may be
subsequently individually requested by the appropriate
authority if needed for enforcement of this Section.
    Upon the provision of information by the lessor pursuant to
this subsection, the county or municipality may issue the
violation to the lessee of the vehicle in the same manner as it
would issue a violation to a registered owner of a vehicle
pursuant to this Section, and the lessee may be held liable for
the violation.
(Source: P.A. 101-395, eff. 8-16-19.)
 
    (625 ILCS 5/11-208.8)
    Sec. 11-208.8. Automated speed enforcement systems in
safety zones.
    (a) As used in this Section:
    "Automated speed enforcement system" means a photographic
device, radar device, laser device, or other electrical or
mechanical device or devices installed or utilized in a safety
zone and designed to record the speed of a vehicle and obtain a
clear photograph or other recorded image of the vehicle and the
vehicle's registration plate or digital registration plate
while the driver is violating Article VI of Chapter 11 of this
Code or a similar provision of a local ordinance.
    An automated speed enforcement system is a system, located
in a safety zone which is under the jurisdiction of a
municipality, that produces a recorded image of a motor
vehicle's violation of a provision of this Code or a local
ordinance and is designed to obtain a clear recorded image of
the vehicle and the vehicle's license plate. The recorded image
must also display the time, date, and location of the
violation.
    "Owner" means the person or entity to whom the vehicle is
registered.
    "Recorded image" means images recorded by an automated
speed enforcement system on:
        (1) 2 or more photographs;
        (2) 2 or more microphotographs;
        (3) 2 or more electronic images; or
        (4) a video recording showing the motor vehicle and, on
    at least one image or portion of the recording, clearly
    identifying the registration plate or digital registration
    plate number of the motor vehicle.
    "Safety zone" means an area that is within one-eighth of a
mile from the nearest property line of any public or private
elementary or secondary school, or from the nearest property
line of any facility, area, or land owned by a school district
that is used for educational purposes approved by the Illinois
State Board of Education, not including school district
headquarters or administrative buildings. A safety zone also
includes an area that is within one-eighth of a mile from the
nearest property line of any facility, area, or land owned by a
park district used for recreational purposes. However, if any
portion of a roadway is within either one-eighth mile radius,
the safety zone also shall include the roadway extended to the
furthest portion of the next furthest intersection. The term
"safety zone" does not include any portion of the roadway known
as Lake Shore Drive or any controlled access highway with 8 or
more lanes of traffic.
    (a-5) The automated speed enforcement system shall be
operational and violations shall be recorded only at the
following times:
        (i) if the safety zone is based upon the property line
    of any facility, area, or land owned by a school district,
    only on school days and no earlier than 6 a.m. and no later
    than 8:30 p.m. if the school day is during the period of
    Monday through Thursday, or 9 p.m. if the school day is a
    Friday; and
        (ii) if the safety zone is based upon the property line
    of any facility, area, or land owned by a park district, no
    earlier than one hour prior to the time that the facility,
    area, or land is open to the public or other patrons, and
    no later than one hour after the facility, area, or land is
    closed to the public or other patrons.
    (b) A municipality that produces a recorded image of a
motor vehicle's violation of a provision of this Code or a
local ordinance must make the recorded images of a violation
accessible to the alleged violator by providing the alleged
violator with a website address, accessible through the
Internet.
    (c) Notwithstanding any penalties for any other violations
of this Code, the owner of a motor vehicle used in a traffic
violation recorded by an automated speed enforcement system
shall be subject to the following penalties:
        (1) if the recorded speed is no less than 6 miles per
    hour and no more than 10 miles per hour over the legal
    speed limit, a civil penalty not exceeding $50, plus an
    additional penalty of not more than $50 for failure to pay
    the original penalty in a timely manner; or
        (2) if the recorded speed is more than 10 miles per
    hour over the legal speed limit, a civil penalty not
    exceeding $100, plus an additional penalty of not more than
    $100 for failure to pay the original penalty in a timely
    manner.
    A penalty may not be imposed under this Section if the
driver of the motor vehicle received a Uniform Traffic Citation
from a police officer for a speeding violation occurring within
one-eighth of a mile and 15 minutes of the violation that was
recorded by the system. A violation for which a civil penalty
is imposed under this Section is not a violation of a traffic
regulation governing the movement of vehicles and may not be
recorded on the driving record of the owner of the vehicle. A
law enforcement officer is not required to be present or to
witness the violation. No penalty may be imposed under this
Section if the recorded speed of a vehicle is 5 miles per hour
or less over the legal speed limit. The municipality may send,
in the same manner that notices are sent under this Section, a
speed violation warning notice where the violation involves a
speed of 5 miles per hour or less above the legal speed limit.
    (d) The net proceeds that a municipality receives from
civil penalties imposed under an automated speed enforcement
system, after deducting all non-personnel and personnel costs
associated with the operation and maintenance of such system,
shall be expended or obligated by the municipality for the
following purposes:
        (i) public safety initiatives to ensure safe passage
    around schools, and to provide police protection and
    surveillance around schools and parks, including but not
    limited to: (1) personnel costs; and (2) non-personnel
    costs such as construction and maintenance of public safety
    infrastructure and equipment;
        (ii) initiatives to improve pedestrian and traffic
    safety;
        (iii) construction and maintenance of infrastructure
    within the municipality, including but not limited to roads
    and bridges; and
        (iv) after school programs.
    (e) For each violation of a provision of this Code or a
local ordinance recorded by an automated speed enforcement
system, the municipality having jurisdiction shall issue a
written notice of the violation to the registered owner of the
vehicle as the alleged violator. The notice shall be delivered
to the registered owner of the vehicle, by mail, within 30 days
after the Secretary of State notifies the municipality of the
identity of the owner of the vehicle, but in no event later
than 90 days after the violation.
    (f) The notice required under subsection (e) of this
Section shall include:
        (1) the name and address of the registered owner of the
    vehicle;
        (2) the registration number of the motor vehicle
    involved in the violation;
        (3) the violation charged;
        (4) the date, time, and location where the violation
    occurred;
        (5) a copy of the recorded image or images;
        (6) the amount of the civil penalty imposed and the
    date by which the civil penalty should be paid;
        (7) a statement that recorded images are evidence of a
    violation of a speed restriction;
        (8) a warning that failure to pay the civil penalty or
    to contest liability in a timely manner is an admission of
    liability and may result in a suspension of the driving
    privileges of the registered owner of the vehicle;
        (9) a statement that the person may elect to proceed
    by:
            (A) paying the fine; or
            (B) challenging the charge in court, by mail, or by
        administrative hearing; and
        (10) a website address, accessible through the
    Internet, where the person may view the recorded images of
    the violation.
    (g) (Blank). If a person charged with a traffic violation,
as a result of an automated speed enforcement system, does not
pay the fine or successfully contest the civil penalty
resulting from that violation, the Secretary of State shall
suspend the driving privileges of the registered owner of the
vehicle under Section 6-306.5 of this Code for failing to pay
any fine or penalty due and owing, or both, as a result of a
combination of 5 violations of the automated speed enforcement
system or the automated traffic law under Section 11-208.6 of
this Code.
    (h) Based on inspection of recorded images produced by an
automated speed enforcement system, a notice alleging that the
violation occurred shall be evidence of the facts contained in
the notice and admissible in any proceeding alleging a
violation under this Section.
    (i) Recorded images made by an automated speed enforcement
system are confidential and shall be made available only to the
alleged violator and governmental and law enforcement agencies
for purposes of adjudicating a violation of this Section, for
statistical purposes, or for other governmental purposes. Any
recorded image evidencing a violation of this Section, however,
may be admissible in any proceeding resulting from the issuance
of the citation.
    (j) The court or hearing officer may consider in defense of
a violation:
        (1) that the motor vehicle or registration plates or
    digital registration plates of the motor vehicle were
    stolen before the violation occurred and not under the
    control or in the possession of the owner at the time of
    the violation;
        (2) that the driver of the motor vehicle received a
    Uniform Traffic Citation from a police officer for a
    speeding violation occurring within one-eighth of a mile
    and 15 minutes of the violation that was recorded by the
    system; and
        (3) any other evidence or issues provided by municipal
    ordinance.
    (k) To demonstrate that the motor vehicle or the
registration plates or digital registration plates were stolen
before the violation occurred and were not under the control or
possession of the owner at the time of the violation, the owner
must submit proof that a report concerning the stolen motor
vehicle or registration plates was filed with a law enforcement
agency in a timely manner.
    (l) A roadway equipped with an automated speed enforcement
system shall be posted with a sign conforming to the national
Manual on Uniform Traffic Control Devices that is visible to
approaching traffic stating that vehicle speeds are being
photo-enforced and indicating the speed limit. The
municipality shall install such additional signage as it
determines is necessary to give reasonable notice to drivers as
to where automated speed enforcement systems are installed.
    (m) A roadway where a new automated speed enforcement
system is installed shall be posted with signs providing 30
days notice of the use of a new automated speed enforcement
system prior to the issuance of any citations through the
automated speed enforcement system.
    (n) The compensation paid for an automated speed
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
    (o) (Blank). A municipality shall make a certified report
to the Secretary of State pursuant to Section 6-306.5 of this
Code whenever a registered owner of a vehicle has failed to pay
any fine or penalty due and owing as a result of a combination
of 5 offenses for automated speed or traffic law enforcement
system violations.
    (p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and address
of the lessee. The drivers license number of a lessee may be
subsequently individually requested by the appropriate
authority if needed for enforcement of this Section.
    Upon the provision of information by the lessor pursuant to
this subsection, the municipality may issue the violation to
the lessee of the vehicle in the same manner as it would issue
a violation to a registered owner of a vehicle pursuant to this
Section, and the lessee may be held liable for the violation.
    (q) A municipality using an automated speed enforcement
system must provide notice to drivers by publishing the
locations of all safety zones where system equipment is
installed on the website of the municipality.
    (r) A municipality operating an automated speed
enforcement system shall conduct a statistical analysis to
assess the safety impact of the system. The statistical
analysis shall be based upon the best available crash, traffic,
and other data, and shall cover a period of time before and
after installation of the system sufficient to provide a
statistically valid comparison of safety impact. The
statistical analysis shall be consistent with professional
judgment and acceptable industry practice. The statistical
analysis also shall be consistent with the data required for
valid comparisons of before and after conditions and shall be
conducted within a reasonable period following the
installation of the automated traffic law enforcement system.
The statistical analysis required by this subsection shall be
made available to the public and shall be published on the
website of the municipality.
    (s) This Section applies only to municipalities with a
population of 1,000,000 or more inhabitants.
(Source: P.A. 101-395, eff. 8-16-19.)
 
    (625 ILCS 5/11-208.9)
    Sec. 11-208.9. Automated traffic law enforcement system;
approaching, overtaking, and passing a school bus.
    (a) As used in this Section, "automated traffic law
enforcement system" means a device with one or more motor
vehicle sensors working in conjunction with the visual signals
on a school bus, as specified in Sections 12-803 and 12-805 of
this Code, to produce recorded images of motor vehicles that
fail to stop before meeting or overtaking, from either
direction, any school bus stopped at any location for the
purpose of receiving or discharging pupils in violation of
Section 11-1414 of this Code or a similar provision of a local
ordinance.
    An automated traffic law enforcement system is a system, in
a municipality or county operated by a governmental agency,
that produces a recorded image of a motor vehicle's violation
of a provision of this Code or a local ordinance and is
designed to obtain a clear recorded image of the vehicle and
the vehicle's license plate. The recorded image must also
display the time, date, and location of the violation.
    (b) As used in this Section, "recorded images" means images
recorded by an automated traffic law enforcement system on:
        (1) 2 or more photographs;
        (2) 2 or more microphotographs;
        (3) 2 or more electronic images; or
        (4) a video recording showing the motor vehicle and, on
    at least one image or portion of the recording, clearly
    identifying the registration plate or digital registration
    plate number of the motor vehicle.
    (c) A municipality or county that produces a recorded image
of a motor vehicle's violation of a provision of this Code or a
local ordinance must make the recorded images of a violation
accessible to the alleged violator by providing the alleged
violator with a website address, accessible through the
Internet.
    (d) For each violation of a provision of this Code or a
local ordinance recorded by an automated traffic law
enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, within 30 days after the Secretary of State
notifies the municipality or county of the identity of the
owner of the vehicle, but in no event later than 90 days after
the violation.
    (e) The notice required under subsection (d) shall include:
        (1) the name and address of the registered owner of the
    vehicle;
        (2) the registration number of the motor vehicle
    involved in the violation;
        (3) the violation charged;
        (4) the location where the violation occurred;
        (5) the date and time of the violation;
        (6) a copy of the recorded images;
        (7) the amount of the civil penalty imposed and the
    date by which the civil penalty should be paid;
        (8) a statement that recorded images are evidence of a
    violation of overtaking or passing a school bus stopped for
    the purpose of receiving or discharging pupils;
        (9) a warning that failure to pay the civil penalty or
    to contest liability in a timely manner is an admission of
    liability and may result in a suspension of the driving
    privileges of the registered owner of the vehicle;
        (10) a statement that the person may elect to proceed
    by:
            (A) paying the fine; or
            (B) challenging the charge in court, by mail, or by
        administrative hearing; and
        (11) a website address, accessible through the
    Internet, where the person may view the recorded images of
    the violation.
    (f) (Blank). If a person charged with a traffic violation,
as a result of an automated traffic law enforcement system
under this Section, does not pay the fine or successfully
contest the civil penalty resulting from that violation, the
Secretary of State shall suspend the driving privileges of the
registered owner of the vehicle under Section 6-306.5 of this
Code for failing to pay any fine or penalty due and owing as a
result of a combination of 5 violations of the automated
traffic law enforcement system or the automated speed
enforcement system under Section 11-208.8 of this Code.
    (g) Based on inspection of recorded images produced by an
automated traffic law enforcement system, a notice alleging
that the violation occurred shall be evidence of the facts
contained in the notice and admissible in any proceeding
alleging a violation under this Section.
    (h) Recorded images made by an automated traffic law
enforcement system are confidential and shall be made available
only to the alleged violator and governmental and law
enforcement agencies for purposes of adjudicating a violation
of this Section, for statistical purposes, or for other
governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
    (i) The court or hearing officer may consider in defense of
a violation:
        (1) that the motor vehicle or registration plates or
    digital registration plates of the motor vehicle were
    stolen before the violation occurred and not under the
    control of or in the possession of the owner at the time of
    the violation;
        (2) that the driver of the motor vehicle received a
    Uniform Traffic Citation from a police officer for a
    violation of Section 11-1414 of this Code within one-eighth
    of a mile and 15 minutes of the violation that was recorded
    by the system;
        (3) that the visual signals required by Sections 12-803
    and 12-805 of this Code were damaged, not activated, not
    present in violation of Sections 12-803 and 12-805, or
    inoperable; and
        (4) any other evidence or issues provided by municipal
    or county ordinance.
    (j) To demonstrate that the motor vehicle or the
registration plates or digital registration plates were stolen
before the violation occurred and were not under the control or
possession of the owner at the time of the violation, the owner
must submit proof that a report concerning the stolen motor
vehicle or registration plates was filed with a law enforcement
agency in a timely manner.
    (k) Unless the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time of
the violation, the motor vehicle owner is subject to a civil
penalty not exceeding $150 for a first time violation or $500
for a second or subsequent violation, plus an additional
penalty of not more than $100 for failure to pay the original
penalty in a timely manner, if the motor vehicle is recorded by
an automated traffic law enforcement system. A violation for
which a civil penalty is imposed under this Section is not a
violation of a traffic regulation governing the movement of
vehicles and may not be recorded on the driving record of the
owner of the vehicle, but may be recorded by the municipality
or county for the purpose of determining if a person is subject
to the higher fine for a second or subsequent offense.
    (l) A school bus equipped with an automated traffic law
enforcement system must be posted with a sign indicating that
the school bus is being monitored by an automated traffic law
enforcement system.
    (m) A municipality or county that has one or more school
buses equipped with an automated traffic law enforcement system
must provide notice to drivers by posting a list of school
districts using school buses equipped with an automated traffic
law enforcement system on the municipality or county website.
School districts that have one or more school buses equipped
with an automated traffic law enforcement system must provide
notice to drivers by posting that information on their
websites.
    (n) A municipality or county operating an automated traffic
law enforcement system shall conduct a statistical analysis to
assess the safety impact in each school district using school
buses equipped with an automated traffic law enforcement system
following installation of the system. The statistical analysis
shall be based upon the best available crash, traffic, and
other data, and shall cover a period of time before and after
installation of the system sufficient to provide a
statistically valid comparison of safety impact. The
statistical analysis shall be consistent with professional
judgment and acceptable industry practice. The statistical
analysis also shall be consistent with the data required for
valid comparisons of before and after conditions and shall be
conducted within a reasonable period following the
installation of the automated traffic law enforcement system.
The statistical analysis required by this subsection shall be
made available to the public and shall be published on the
website of the municipality or county. If the statistical
analysis for the 36-month period following installation of the
system indicates that there has been an increase in the rate of
accidents at the approach to school buses monitored by the
system, the municipality or county shall undertake additional
studies to determine the cause and severity of the accidents,
and may take any action that it determines is necessary or
appropriate to reduce the number or severity of the accidents
involving school buses equipped with an automated traffic law
enforcement system.
    (o) The compensation paid for an automated traffic law
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
    (p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and address
of the lessee. The drivers license number of a lessee may be
subsequently individually requested by the appropriate
authority if needed for enforcement of this Section.
    Upon the provision of information by the lessor pursuant to
this subsection, the county or municipality may issue the
violation to the lessee of the vehicle in the same manner as it
would issue a violation to a registered owner of a vehicle
pursuant to this Section, and the lessee may be held liable for
the violation.
    (q) (Blank). A municipality or county shall make a
certified report to the Secretary of State pursuant to Section
6-306.5 of this Code whenever a registered owner of a vehicle
has failed to pay any fine or penalty due and owing as a result
of a combination of 5 offenses for automated traffic law or
speed enforcement system violations.
    (r) After a municipality or county enacts an ordinance
providing for automated traffic law enforcement systems under
this Section, each school district within that municipality or
county's jurisdiction may implement an automated traffic law
enforcement system under this Section. The elected school board
for that district must approve the implementation of an
automated traffic law enforcement system. The school district
shall be responsible for entering into a contract, approved by
the elected school board of that district, with vendors for the
installation, maintenance, and operation of the automated
traffic law enforcement system. The school district must enter
into an intergovernmental agreement, approved by the elected
school board of that district, with the municipality or county
with jurisdiction over that school district for the
administration of the automated traffic law enforcement
system. The proceeds from a school district's automated traffic
law enforcement system's fines shall be divided equally between
the school district and the municipality or county
administering the automated traffic law enforcement system.
(Source: P.A. 101-395, eff. 8-16-19.)
 
    (625 ILCS 5/11-1201.1)
    Sec. 11-1201.1. Automated Railroad Crossing Enforcement
System.
    (a) For the purposes of this Section, an automated railroad
grade crossing enforcement system is a system in a municipality
or county operated by a governmental agency that produces a
recorded image of a motor vehicle's violation of a provision of
this Code or local ordinance and is designed to obtain a clear
recorded image of the vehicle and vehicle's license plate. The
recorded image must also display the time, date, and location
of the violation.
    As used in this Section, "recorded images" means images
recorded by an automated railroad grade crossing enforcement
system on:
        (1) 2 or more photographs;
        (2) 2 or more microphotographs;
        (3) 2 or more electronic images; or
        (4) a video recording showing the motor vehicle and, on
    at least one image or portion of the recording, clearly
    identifying the registration plate or digital registration
    plate number of the motor vehicle.
    (b) The Illinois Commerce Commission may, in cooperation
with a local law enforcement agency, establish in any county or
municipality an automated railroad grade crossing enforcement
system at any railroad grade crossing equipped with a crossing
gate designated by local authorities. Local authorities
desiring the establishment of an automated railroad crossing
enforcement system must initiate the process by enacting a
local ordinance requesting the creation of such a system. After
the ordinance has been enacted, and before any additional steps
toward the establishment of the system are undertaken, the
local authorities and the Commission must agree to a plan for
obtaining, from any combination of federal, State, and local
funding sources, the moneys required for the purchase and
installation of any necessary equipment.
    (b-1) (Blank.)
    (c) For each violation of Section 11-1201 of this Code or a
local ordinance recorded by an automated railroad grade
crossing enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, no later than 90 days after the violation.
    The notice shall include:
        (1) the name and address of the registered owner of the
    vehicle;
        (2) the registration number of the motor vehicle
    involved in the violation;
        (3) the violation charged;
        (4) the location where the violation occurred;
        (5) the date and time of the violation;
        (6) a copy of the recorded images;
        (7) the amount of the civil penalty imposed and the
    date by which the civil penalty should be paid;
        (8) a statement that recorded images are evidence of a
    violation of a railroad grade crossing;
        (9) a warning that failure to pay the civil penalty or
    to contest liability in a timely manner is an admission of
    liability and may result in a suspension of the driving
    privileges of the registered owner of the vehicle; and
        (10) a statement that the person may elect to proceed
    by:
            (A) paying the fine; or
            (B) challenging the charge in court, by mail, or by
        administrative hearing.
    (d) (Blank). If a person charged with a traffic violation,
as a result of an automated railroad grade crossing enforcement
system, does not pay or successfully contest the civil penalty
resulting from that violation, the Secretary of State shall
suspend the driving privileges of the registered owner of the
vehicle under Section 6-306.5 of this Code for failing to pay
any fine or penalty due and owing as a result of 5 violations
of the automated railroad grade crossing enforcement system.
    (d-1) (Blank.)
    (d-2) (Blank.)
    (e) Based on inspection of recorded images produced by an
automated railroad grade crossing enforcement system, a notice
alleging that the violation occurred shall be evidence of the
facts contained in the notice and admissible in any proceeding
alleging a violation under this Section.
    (e-1) Recorded images made by an automated railroad grade
crossing enforcement system are confidential and shall be made
available only to the alleged violator and governmental and law
enforcement agencies for purposes of adjudicating a violation
of this Section, for statistical purposes, or for other
governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
    (e-2) The court or hearing officer may consider the
following in the defense of a violation:
        (1) that the motor vehicle or registration plates or
    digital registration plates of the motor vehicle were
    stolen before the violation occurred and not under the
    control of or in the possession of the owner at the time of
    the violation;
        (2) that the driver of the motor vehicle received a
    Uniform Traffic Citation from a police officer at the time
    of the violation for the same offense;
        (3) any other evidence or issues provided by municipal
    or county ordinance.
    (e-3) To demonstrate that the motor vehicle or the
registration plates or digital registration plates were stolen
before the violation occurred and were not under the control or
possession of the owner at the time of the violation, the owner
must submit proof that a report concerning the stolen motor
vehicle or registration plates was filed with a law enforcement
agency in a timely manner.
    (f) Rail crossings equipped with an automatic railroad
grade crossing enforcement system shall be posted with a sign
visible to approaching traffic stating that the railroad grade
crossing is being monitored, that citations will be issued, and
the amount of the fine for violation.
    (g) The compensation paid for an automated railroad grade
crossing enforcement system must be based on the value of the
equipment or the services provided and may not be based on the
number of citations issued or the revenue generated by the
system.
    (h) (Blank.)
    (i) If any part or parts of this Section are held by a
court of competent jurisdiction to be unconstitutional, the
unconstitutionality shall not affect the validity of the
remaining parts of this Section. The General Assembly hereby
declares that it would have passed the remaining parts of this
Section if it had known that the other part or parts of this
Section would be declared unconstitutional.
    (j) Penalty. A civil fine of $250 shall be imposed for a
first violation of this Section, and a civil fine of $500 shall
be imposed for a second or subsequent violation of this
Section.
(Source: P.A. 101-395, eff. 8-16-19.)
 
    (625 ILCS 5/4-214.1 rep.)
    (625 ILCS 5/6-306.5 rep.)
    (625 ILCS 5/6-306.6 rep.)
    Section 10-193. The Illinois Vehicle Code is amended by
repealing Sections 4-214.1, 6-306.5, and 6-306.6.
 
    Section 10-195. The Snowmobile Registration and Safety Act
is amended by changing Section 5-7 as follows:
 
    (625 ILCS 40/5-7)
    Sec. 5-7. Operating a snowmobile while under the influence
of alcohol or other drug or drugs, intoxicating compound or
compounds, or a combination of them; criminal penalties;
suspension of operating privileges.
    (a) A person may not operate or be in actual physical
control of a snowmobile within this State while:
        1. The alcohol concentration in that person's blood,
    other bodily substance, or breath is a concentration at
    which driving a motor vehicle is prohibited under
    subdivision (1) of subsection (a) of Section 11-501 of the
    Illinois Vehicle Code;
        2. The person is under the influence of alcohol;
        3. The person is under the influence of any other drug
    or combination of drugs to a degree that renders that
    person incapable of safely operating a snowmobile;
        3.1. The person is under the influence of any
    intoxicating compound or combination of intoxicating
    compounds to a degree that renders the person incapable of
    safely operating a snowmobile;
        4. The person is under the combined influence of
    alcohol and any other drug or drugs or intoxicating
    compound or compounds to a degree that renders that person
    incapable of safely operating a snowmobile;
        4.3. The person who is not a CDL holder has a
    tetrahydrocannabinol concentration in the person's whole
    blood or other bodily substance at which driving a motor
    vehicle is prohibited under subdivision (7) of subsection
    (a) of Section 11-501 of the Illinois Vehicle Code;
        4.5. The person who is a CDL holder has any amount of a
    drug, substance, or compound in the person's breath, blood,
    other bodily substance, or urine resulting from the
    unlawful use or consumption of cannabis listed in the
    Cannabis Control Act; or
        5. There is any amount of a drug, substance, or
    compound in that person's breath, blood, other bodily
    substance, or urine resulting from the unlawful use or
    consumption of a controlled substance listed in the
    Illinois Controlled Substances Act, methamphetamine as
    listed in the Methamphetamine Control and Community
    Protection Act, or intoxicating compound listed in the use
    of Intoxicating Compounds Act.
    (b) The fact that a person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, any intoxicating compound or compounds, or any
combination of them does not constitute a defense against a
charge of violating this Section.
    (c) Every person convicted of violating this Section or a
similar provision of a local ordinance is guilty of a Class A
misdemeanor, except as otherwise provided in this Section.
    (c-1) As used in this Section, "first time offender" means
any person who has not had a previous conviction or been
assigned supervision for violating this Section or a similar
provision of a local ordinance, or any person who has not had a
suspension imposed under subsection (e) of Section 5-7.1.
    (c-2) For purposes of this Section, the following are
equivalent to a conviction:
        (1) a violation of the terms of pretrial release when
    the court has not relieved the defendant of complying with
    the terms of pretrial release forfeiture of bail or
    collateral deposited to secure a defendant's appearance in
    court when forfeiture has not been vacated; or
        (2) the failure of a defendant to appear for trial.
    (d) Every person convicted of violating this Section is
guilty of a Class 4 felony if:
        1. The person has a previous conviction under this
    Section;
        2. The offense results in personal injury where a
    person other than the operator suffers great bodily harm or
    permanent disability or disfigurement, when the violation
    was a proximate cause of the injuries. A person guilty of a
    Class 4 felony under this paragraph 2, if sentenced to a
    term of imprisonment, shall be sentenced to not less than
    one year nor more than 12 years; or
        3. The offense occurred during a period in which the
    person's privileges to operate a snowmobile are revoked or
    suspended, and the revocation or suspension was for a
    violation of this Section or was imposed under Section
    5-7.1.
    (e) Every person convicted of violating this Section is
guilty of a Class 2 felony if the offense results in the death
of a person. A person guilty of a Class 2 felony under this
subsection (e), if sentenced to a term of imprisonment, shall
be sentenced to a term of not less than 3 years and not more
than 14 years.
    (e-1) Every person convicted of violating this Section or a
similar provision of a local ordinance who had a child under
the age of 16 on board the snowmobile at the time of offense
shall be subject to a mandatory minimum fine of $500 and shall
be subject to a mandatory minimum of 5 days of community
service in a program benefiting children. The assignment under
this subsection shall not be subject to suspension nor shall
the person be eligible for probation in order to reduce the
assignment.
    (e-2) Every person found guilty of violating this Section,
whose operation of a snowmobile while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the expense
of an emergency response as provided in subsection (i) of
Section 11-501.01 of the Illinois Vehicle Code.
    (e-3) In addition to any other penalties and liabilities, a
person who is found guilty of violating this Section, including
any person placed on court supervision, shall be fined $100,
payable to the circuit clerk, who shall distribute the money to
the law enforcement agency that made the arrest. In the event
that more than one agency is responsible for the arrest, the
$100 shall be shared equally. Any moneys received by a law
enforcement agency under this subsection (e-3) shall be used to
purchase law enforcement equipment or to provide law
enforcement training that will assist in the prevention of
alcohol related criminal violence throughout the State. Law
enforcement equipment shall include, but is not limited to,
in-car video cameras, radar and laser speed detection devices,
and alcohol breath testers.
    (f) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend the snowmobile
operation privileges of a person convicted or found guilty of a
misdemeanor under this Section for a period of one year, except
that first-time offenders are exempt from this mandatory one
year suspension.
    (g) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend for a period of 5
years the snowmobile operation privileges of any person
convicted or found guilty of a felony under this Section.
(Source: P.A. 99-697, eff. 7-29-16; 100-201, eff. 8-18-17.)
 
    Section 10-200. The Clerks of Courts Act is amended by
changing Section 27.3b as follows:
 
    (705 ILCS 105/27.3b)  (from Ch. 25, par. 27.3b)
    Sec. 27.3b. The clerk of court may accept payment of fines,
penalties, or costs by credit card or debit card approved by
the clerk from an offender who has been convicted of or placed
on court supervision for a traffic offense, petty offense,
ordinance offense, or misdemeanor or who has been convicted of
a felony offense. The clerk of the circuit court may accept
credit card payments over the Internet for fines, penalties, or
costs from offenders on voluntary electronic pleas of guilty in
minor traffic and conservation offenses to satisfy the
requirement of written pleas of guilty as provided in Illinois
Supreme Court Rule 529. The clerk of the court may also accept
payment of statutory fees by a credit card or debit card. The
clerk of the court may also accept the credit card or debit
card for the cash deposit of bail bond fees.
    The Clerk of the circuit court is authorized to enter into
contracts with credit card or debit card companies approved by
the clerk and to negotiate the payment of convenience and
administrative fees normally charged by those companies for
allowing the clerk of the circuit court to accept their credit
cards or debit cards in payment as authorized herein. The clerk
of the circuit court is authorized to enter into contracts with
third party fund guarantors, facilitators, and service
providers under which those entities may contract directly with
customers of the clerk of the circuit court and guarantee and
remit the payments to the clerk of the circuit court. Where the
offender pays fines, penalties, or costs by credit card or
debit card or through a third party fund guarantor,
facilitator, or service provider, or anyone paying statutory
fees of the circuit court clerk or the posting of cash bail,
the clerk shall collect a service fee of up to $5 or the amount
charged to the clerk for use of its services by the credit card
or debit card issuer, third party fund guarantor, facilitator,
or service provider. This service fee shall be in addition to
any other fines, penalties, or costs. The clerk of the circuit
court is authorized to negotiate the assessment of convenience
and administrative fees by the third party fund guarantors,
facilitators, and service providers with the revenue earned by
the clerk of the circuit court to be remitted to the county
general revenue fund.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    Section 10-205. The Attorney Act is amended by changing
Section 9 as follows:
 
    (705 ILCS 205/9)  (from Ch. 13, par. 9)
    Sec. 9. All attorneys and counselors at law, judges, clerks
and sheriffs, and all other officers of the several courts
within this state, shall be liable to be arrested and held to
terms of pretrial release bail, and shall be subject to the
same legal process, and may in all respects be prosecuted and
proceeded against in the same courts and in the same manner as
other persons are, any law, usage or custom to the contrary
notwithstanding: Provided, nevertheless, said judges,
counselors or attorneys, clerks, sheriffs and other officers of
said courts, shall be privileged from arrest while attending
courts, and whilst going to and returning from court.
(Source: R.S. 1874, p. 169.)
 
    Section 10-210. The Juvenile Court Act of 1987 is amended
by changing Sections 1-7, 1-8, and 5-150 as follows:
 
    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)
    Sec. 1-7. Confidentiality of juvenile law enforcement and
municipal ordinance violation records.
    (A) All juvenile law enforcement records which have not
been expunged are confidential and may never be disclosed to
the general public or otherwise made widely available. Juvenile
law enforcement records may be obtained only under this Section
and Section 1-8 and Part 9 of Article V of this Act, when their
use is needed for good cause and with an order from the
juvenile court, as required by those not authorized to retain
them. Inspection, copying, and disclosure of juvenile law
enforcement records maintained by law enforcement agencies or
records of municipal ordinance violations maintained by any
State, local, or municipal agency that relate to a minor who
has been investigated, arrested, or taken into custody before
his or her 18th birthday shall be restricted to the following:
        (0.05) The minor who is the subject of the juvenile law
    enforcement record, his or her parents, guardian, and
    counsel.
        (0.10) Judges of the circuit court and members of the
    staff of the court designated by the judge.
        (0.15) An administrative adjudication hearing officer
    or members of the staff designated to assist in the
    administrative adjudication process.
        (1) Any local, State, or federal law enforcement
    officers or designated law enforcement staff of any
    jurisdiction or agency when necessary for the discharge of
    their official duties during the investigation or
    prosecution of a crime or relating to a minor who has been
    adjudicated delinquent and there has been a previous
    finding that the act which constitutes the previous offense
    was committed in furtherance of criminal activities by a
    criminal street gang, or, when necessary for the discharge
    of its official duties in connection with a particular
    investigation of the conduct of a law enforcement officer,
    an independent agency or its staff created by ordinance and
    charged by a unit of local government with the duty of
    investigating the conduct of law enforcement officers. For
    purposes of this Section, "criminal street gang" has the
    meaning ascribed to it in Section 10 of the Illinois
    Streetgang Terrorism Omnibus Prevention Act.
        (2) Prosecutors, public defenders, probation officers,
    social workers, or other individuals assigned by the court
    to conduct a pre-adjudication or pre-disposition
    investigation, and individuals responsible for supervising
    or providing temporary or permanent care and custody for
    minors under the order of the juvenile court, when
    essential to performing their responsibilities.
        (3) Federal, State, or local prosecutors, public
    defenders, probation officers, and designated staff:
            (a) in the course of a trial when institution of
        criminal proceedings has been permitted or required
        under Section 5-805;
            (b) when institution of criminal proceedings has
        been permitted or required under Section 5-805 and the
        minor is the subject of a proceeding to determine the
        conditions of pretrial release amount of bail;
            (c) when criminal proceedings have been permitted
        or required under Section 5-805 and the minor is the
        subject of a pre-trial investigation, pre-sentence
        investigation, fitness hearing, or proceedings on an
        application for probation; or
            (d) in the course of prosecution or administrative
        adjudication of a violation of a traffic, boating, or
        fish and game law, or a county or municipal ordinance.
        (4) Adult and Juvenile Prisoner Review Board.
        (5) Authorized military personnel.
        (5.5) Employees of the federal government authorized
    by law.
        (6) Persons engaged in bona fide research, with the
    permission of the Presiding Judge and the chief executive
    of the respective law enforcement agency; provided that
    publication of such research results in no disclosure of a
    minor's identity and protects the confidentiality of the
    minor's record.
        (7) Department of Children and Family Services child
    protection investigators acting in their official
    capacity.
        (8) The appropriate school official only if the agency
    or officer believes that there is an imminent threat of
    physical harm to students, school personnel, or others who
    are present in the school or on school grounds.
            (A) Inspection and copying shall be limited to
        juvenile law enforcement records transmitted to the
        appropriate school official or officials whom the
        school has determined to have a legitimate educational
        or safety interest by a local law enforcement agency
        under a reciprocal reporting system established and
        maintained between the school district and the local
        law enforcement agency under Section 10-20.14 of the
        School Code concerning a minor enrolled in a school
        within the school district who has been arrested or
        taken into custody for any of the following offenses:
                (i) any violation of Article 24 of the Criminal
            Code of 1961 or the Criminal Code of 2012;
                (ii) a violation of the Illinois Controlled
            Substances Act;
                (iii) a violation of the Cannabis Control Act;
                (iv) a forcible felony as defined in Section
            2-8 of the Criminal Code of 1961 or the Criminal
            Code of 2012;
                (v) a violation of the Methamphetamine Control
            and Community Protection Act;
                (vi) a violation of Section 1-2 of the
            Harassing and Obscene Communications Act;
                (vii) a violation of the Hazing Act; or
                (viii) a violation of Section 12-1, 12-2,
            12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
            Criminal Code of 1961 or the Criminal Code of 2012.
            The information derived from the juvenile law
        enforcement records shall be kept separate from and
        shall not become a part of the official school record
        of that child and shall not be a public record. The
        information shall be used solely by the appropriate
        school official or officials whom the school has
        determined to have a legitimate educational or safety
        interest to aid in the proper rehabilitation of the
        child and to protect the safety of students and
        employees in the school. If the designated law
        enforcement and school officials deem it to be in the
        best interest of the minor, the student may be referred
        to in-school or community-based social services if
        those services are available. "Rehabilitation
        services" may include interventions by school support
        personnel, evaluation for eligibility for special
        education, referrals to community-based agencies such
        as youth services, behavioral healthcare service
        providers, drug and alcohol prevention or treatment
        programs, and other interventions as deemed
        appropriate for the student.
            (B) Any information provided to appropriate school
        officials whom the school has determined to have a
        legitimate educational or safety interest by local law
        enforcement officials about a minor who is the subject
        of a current police investigation that is directly
        related to school safety shall consist of oral
        information only, and not written juvenile law
        enforcement records, and shall be used solely by the
        appropriate school official or officials to protect
        the safety of students and employees in the school and
        aid in the proper rehabilitation of the child. The
        information derived orally from the local law
        enforcement officials shall be kept separate from and
        shall not become a part of the official school record
        of the child and shall not be a public record. This
        limitation on the use of information about a minor who
        is the subject of a current police investigation shall
        in no way limit the use of this information by
        prosecutors in pursuing criminal charges arising out
        of the information disclosed during a police
        investigation of the minor. For purposes of this
        paragraph, "investigation" means an official
        systematic inquiry by a law enforcement agency into
        actual or suspected criminal activity.
        (9) Mental health professionals on behalf of the
    Department of Corrections or the Department of Human
    Services or prosecutors who are evaluating, prosecuting,
    or investigating a potential or actual petition brought
    under the Sexually Violent Persons Commitment Act relating
    to a person who is the subject of juvenile law enforcement
    records or the respondent to a petition brought under the
    Sexually Violent Persons Commitment Act who is the subject
    of the juvenile law enforcement records sought. Any
    juvenile law enforcement records and any information
    obtained from those juvenile law enforcement records under
    this paragraph (9) may be used only in sexually violent
    persons commitment proceedings.
        (10) The president of a park district. Inspection and
    copying shall be limited to juvenile law enforcement
    records transmitted to the president of the park district
    by the Department of State Police under Section 8-23 of the
    Park District Code or Section 16a-5 of the Chicago Park
    District Act concerning a person who is seeking employment
    with that park district and who has been adjudicated a
    juvenile delinquent for any of the offenses listed in
    subsection (c) of Section 8-23 of the Park District Code or
    subsection (c) of Section 16a-5 of the Chicago Park
    District Act.
        (11) Persons managing and designated to participate in
    a court diversion program as designated in subsection (6)
    of Section 5-105.
        (12) The Public Access Counselor of the Office of the
    Attorney General, when reviewing juvenile law enforcement
    records under its powers and duties under the Freedom of
    Information Act.
        (13) Collection agencies, contracted or otherwise
    engaged by a governmental entity, to collect any debts due
    and owing to the governmental entity.
    (B)(1) Except as provided in paragraph (2), no law
enforcement officer or other person or agency may knowingly
transmit to the Department of Corrections, Department of State
Police, or to the Federal Bureau of Investigation any
fingerprint or photograph relating to a minor who has been
arrested or taken into custody before his or her 18th birthday,
unless the court in proceedings under this Act authorizes the
transmission or enters an order under Section 5-805 permitting
or requiring the institution of criminal proceedings.
    (2) Law enforcement officers or other persons or agencies
shall transmit to the Department of State Police copies of
fingerprints and descriptions of all minors who have been
arrested or taken into custody before their 18th birthday for
the offense of unlawful use of weapons under Article 24 of the
Criminal Code of 1961 or the Criminal Code of 2012, a Class X
or Class 1 felony, a forcible felony as defined in Section 2-8
of the Criminal Code of 1961 or the Criminal Code of 2012, or a
Class 2 or greater felony under the Cannabis Control Act, the
Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, or Chapter 4 of the
Illinois Vehicle Code, pursuant to Section 5 of the Criminal
Identification Act. Information reported to the Department
pursuant to this Section may be maintained with records that
the Department files pursuant to Section 2.1 of the Criminal
Identification Act. Nothing in this Act prohibits a law
enforcement agency from fingerprinting a minor taken into
custody or arrested before his or her 18th birthday for an
offense other than those listed in this paragraph (2).
    (C) The records of law enforcement officers, or of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, concerning all minors under 18
years of age must be maintained separate from the records of
arrests and may not be open to public inspection or their
contents disclosed to the public. For purposes of obtaining
documents under this Section, a civil subpoena is not an order
of the court.
        (1) In cases where the law enforcement, or independent
    agency, records concern a pending juvenile court case, the
    party seeking to inspect the records shall provide actual
    notice to the attorney or guardian ad litem of the minor
    whose records are sought.
        (2) In cases where the records concern a juvenile court
    case that is no longer pending, the party seeking to
    inspect the records shall provide actual notice to the
    minor or the minor's parent or legal guardian, and the
    matter shall be referred to the chief judge presiding over
    matters pursuant to this Act.
        (3) In determining whether the records should be
    available for inspection, the court shall consider the
    minor's interest in confidentiality and rehabilitation
    over the moving party's interest in obtaining the
    information. Any records obtained in violation of this
    subsection (C) shall not be admissible in any criminal or
    civil proceeding, or operate to disqualify a minor from
    subsequently holding public office or securing employment,
    or operate as a forfeiture of any public benefit, right,
    privilege, or right to receive any license granted by
    public authority.
    (D) Nothing contained in subsection (C) of this Section
shall prohibit the inspection or disclosure to victims and
witnesses of photographs contained in the records of law
enforcement agencies when the inspection and disclosure is
conducted in the presence of a law enforcement officer for the
purpose of the identification or apprehension of any person
subject to the provisions of this Act or for the investigation
or prosecution of any crime.
    (E) Law enforcement officers, and personnel of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, may not disclose the identity of
any minor in releasing information to the general public as to
the arrest, investigation or disposition of any case involving
a minor.
    (F) Nothing contained in this Section shall prohibit law
enforcement agencies from communicating with each other by
letter, memorandum, teletype, or intelligence alert bulletin
or other means the identity or other relevant information
pertaining to a person under 18 years of age if there are
reasonable grounds to believe that the person poses a real and
present danger to the safety of the public or law enforcement
officers. The information provided under this subsection (F)
shall remain confidential and shall not be publicly disclosed,
except as otherwise allowed by law.
    (G) Nothing in this Section shall prohibit the right of a
Civil Service Commission or appointing authority of any federal
government, state, county or municipality examining the
character and fitness of an applicant for employment with a law
enforcement agency, correctional institution, or fire
department from obtaining and examining the records of any law
enforcement agency relating to any record of the applicant
having been arrested or taken into custody before the
applicant's 18th birthday.
    (G-5) Information identifying victims and alleged victims
of sex offenses shall not be disclosed or open to the public
under any circumstances. Nothing in this Section shall prohibit
the victim or alleged victim of any sex offense from
voluntarily disclosing his or her own identity.
    (H) The changes made to this Section by Public Act 98-61
apply to law enforcement records of a minor who has been
arrested or taken into custody on or after January 1, 2014 (the
effective date of Public Act 98-61).
    (H-5) Nothing in this Section shall require any court or
adjudicative proceeding for traffic, boating, fish and game
law, or municipal and county ordinance violations to be closed
to the public.
    (I) Willful violation of this Section is a Class C
misdemeanor and each violation is subject to a fine of $1,000.
This subsection (I) shall not apply to the person who is the
subject of the record.
    (J) A person convicted of violating this Section is liable
for damages in the amount of $1,000 or actual damages,
whichever is greater.
(Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18;
100-720, eff. 8-3-18; 100-863, eff. 8-14-18; 100-1162, eff.
12-20-18.)
 
    (705 ILCS 405/1-8)  (from Ch. 37, par. 801-8)
    Sec. 1-8. Confidentiality and accessibility of juvenile
court records.
    (A) A juvenile adjudication shall never be considered a
conviction nor shall an adjudicated individual be considered a
criminal. Unless expressly allowed by law, a juvenile
adjudication shall not operate to impose upon the individual
any of the civil disabilities ordinarily imposed by or
resulting from conviction. Unless expressly allowed by law,
adjudications shall not prejudice or disqualify the individual
in any civil service application or appointment, from holding
public office, or from receiving any license granted by public
authority. All juvenile court records which have not been
expunged are sealed and may never be disclosed to the general
public or otherwise made widely available. Sealed juvenile
court records may be obtained only under this Section and
Section 1-7 and Part 9 of Article V of this Act, when their use
is needed for good cause and with an order from the juvenile
court. Inspection and copying of juvenile court records
relating to a minor who is the subject of a proceeding under
this Act shall be restricted to the following:
        (1) The minor who is the subject of record, his or her
    parents, guardian, and counsel.
        (2) Law enforcement officers and law enforcement
    agencies when such information is essential to executing an
    arrest or search warrant or other compulsory process, or to
    conducting an ongoing investigation or relating to a minor
    who has been adjudicated delinquent and there has been a
    previous finding that the act which constitutes the
    previous offense was committed in furtherance of criminal
    activities by a criminal street gang.
        Before July 1, 1994, for the purposes of this Section,
    "criminal street gang" means any ongoing organization,
    association, or group of 3 or more persons, whether formal
    or informal, having as one of its primary activities the
    commission of one or more criminal acts and that has a
    common name or common identifying sign, symbol or specific
    color apparel displayed, and whose members individually or
    collectively engage in or have engaged in a pattern of
    criminal activity.
        Beginning July 1, 1994, for purposes of this Section,
    "criminal street gang" has the meaning ascribed to it in
    Section 10 of the Illinois Streetgang Terrorism Omnibus
    Prevention Act.
        (3) Judges, hearing officers, prosecutors, public
    defenders, probation officers, social workers, or other
    individuals assigned by the court to conduct a
    pre-adjudication or pre-disposition investigation, and
    individuals responsible for supervising or providing
    temporary or permanent care and custody for minors under
    the order of the juvenile court when essential to
    performing their responsibilities.
        (4) Judges, federal, State, and local prosecutors,
    public defenders, probation officers, and designated
    staff:
            (a) in the course of a trial when institution of
        criminal proceedings has been permitted or required
        under Section 5-805;
            (b) when criminal proceedings have been permitted
        or required under Section 5-805 and a minor is the
        subject of a proceeding to determine the conditions of
        pretrial release amount of bail;
            (c) when criminal proceedings have been permitted
        or required under Section 5-805 and a minor is the
        subject of a pre-trial investigation, pre-sentence
        investigation or fitness hearing, or proceedings on an
        application for probation; or
            (d) when a minor becomes 18 years of age or older,
        and is the subject of criminal proceedings, including a
        hearing to determine the conditions of pretrial
        release amount of bail, a pre-trial investigation, a
        pre-sentence investigation, a fitness hearing, or
        proceedings on an application for probation.
        (5) Adult and Juvenile Prisoner Review Boards.
        (6) Authorized military personnel.
        (6.5) Employees of the federal government authorized
    by law.
        (7) Victims, their subrogees and legal
    representatives; however, such persons shall have access
    only to the name and address of the minor and information
    pertaining to the disposition or alternative adjustment
    plan of the juvenile court.
        (8) Persons engaged in bona fide research, with the
    permission of the presiding judge of the juvenile court and
    the chief executive of the agency that prepared the
    particular records; provided that publication of such
    research results in no disclosure of a minor's identity and
    protects the confidentiality of the record.
        (9) The Secretary of State to whom the Clerk of the
    Court shall report the disposition of all cases, as
    required in Section 6-204 of the Illinois Vehicle Code.
    However, information reported relative to these offenses
    shall be privileged and available only to the Secretary of
    State, courts, and police officers.
        (10) The administrator of a bonafide substance abuse
    student assistance program with the permission of the
    presiding judge of the juvenile court.
        (11) Mental health professionals on behalf of the
    Department of Corrections or the Department of Human
    Services or prosecutors who are evaluating, prosecuting,
    or investigating a potential or actual petition brought
    under the Sexually Violent Persons Commitment Act relating
    to a person who is the subject of juvenile court records or
    the respondent to a petition brought under the Sexually
    Violent Persons Commitment Act, who is the subject of
    juvenile court records sought. Any records and any
    information obtained from those records under this
    paragraph (11) may be used only in sexually violent persons
    commitment proceedings.
        (12) Collection agencies, contracted or otherwise
    engaged by a governmental entity, to collect any debts due
    and owing to the governmental entity.
    (A-1) Findings and exclusions of paternity entered in
proceedings occurring under Article II of this Act shall be
disclosed, in a manner and form approved by the Presiding Judge
of the Juvenile Court, to the Department of Healthcare and
Family Services when necessary to discharge the duties of the
Department of Healthcare and Family Services under Article X of
the Illinois Public Aid Code.
    (B) A minor who is the victim in a juvenile proceeding
shall be provided the same confidentiality regarding
disclosure of identity as the minor who is the subject of
record.
    (C)(0.1) In cases where the records concern a pending
juvenile court case, the requesting party seeking to inspect
the juvenile court records shall provide actual notice to the
attorney or guardian ad litem of the minor whose records are
sought.
    (0.2) In cases where the juvenile court records concern a
juvenile court case that is no longer pending, the requesting
party seeking to inspect the juvenile court records shall
provide actual notice to the minor or the minor's parent or
legal guardian, and the matter shall be referred to the chief
judge presiding over matters pursuant to this Act.
    (0.3) In determining whether juvenile court records should
be made available for inspection and whether inspection should
be limited to certain parts of the file, the court shall
consider the minor's interest in confidentiality and
rehabilitation over the requesting party's interest in
obtaining the information. The State's Attorney, the minor, and
the minor's parents, guardian, and counsel shall at all times
have the right to examine court files and records.
    (0.4) Any records obtained in violation of this Section
shall not be admissible in any criminal or civil proceeding, or
operate to disqualify a minor from subsequently holding public
office, or operate as a forfeiture of any public benefit,
right, privilege, or right to receive any license granted by
public authority.
    (D) Pending or following any adjudication of delinquency
for any offense defined in Sections 11-1.20 through 11-1.60 or
12-13 through 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the victim of any such offense shall
receive the rights set out in Sections 4 and 6 of the Bill of
Rights for Victims and Witnesses of Violent Crime Act; and the
juvenile who is the subject of the adjudication,
notwithstanding any other provision of this Act, shall be
treated as an adult for the purpose of affording such rights to
the victim.
    (E) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority of the federal
government, or any state, county, or municipality examining the
character and fitness of an applicant for employment with a law
enforcement agency, correctional institution, or fire
department to ascertain whether that applicant was ever
adjudicated to be a delinquent minor and, if so, to examine the
records of disposition or evidence which were made in
proceedings under this Act.
    (F) Following any adjudication of delinquency for a crime
which would be a felony if committed by an adult, or following
any adjudication of delinquency for a violation of Section
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
Criminal Code of 2012, the State's Attorney shall ascertain
whether the minor respondent is enrolled in school and, if so,
shall provide a copy of the dispositional order to the
principal or chief administrative officer of the school. Access
to the dispositional order shall be limited to the principal or
chief administrative officer of the school and any guidance
counselor designated by him or her.
    (G) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
    (H) When a court hearing a proceeding under Article II of
this Act becomes aware that an earlier proceeding under Article
II had been heard in a different county, that court shall
request, and the court in which the earlier proceedings were
initiated shall transmit, an authenticated copy of the juvenile
court record, including all documents, petitions, and orders
filed and the minute orders, transcript of proceedings, and
docket entries of the court.
    (I) The Clerk of the Circuit Court shall report to the
Department of State Police, in the form and manner required by
the Department of State Police, the final disposition of each
minor who has been arrested or taken into custody before his or
her 18th birthday for those offenses required to be reported
under Section 5 of the Criminal Identification Act. Information
reported to the Department under this Section may be maintained
with records that the Department files under Section 2.1 of the
Criminal Identification Act.
    (J) The changes made to this Section by Public Act 98-61
apply to juvenile law enforcement records of a minor who has
been arrested or taken into custody on or after January 1, 2014
(the effective date of Public Act 98-61).
    (K) Willful violation of this Section is a Class C
misdemeanor and each violation is subject to a fine of $1,000.
This subsection (K) shall not apply to the person who is the
subject of the record.
    (L) A person convicted of violating this Section is liable
for damages in the amount of $1,000 or actual damages,
whichever is greater.
(Source: P.A. 100-285, eff. 1-1-18; 100-720, eff. 8-3-18;
100-1162, eff. 12-20-18.)
 
    (705 ILCS 405/5-150)
    Sec. 5-150. Admissibility of evidence and adjudications in
other proceedings.
    (1) Evidence and adjudications in proceedings under this
Act shall be admissible:
        (a) in subsequent proceedings under this Act
    concerning the same minor; or
        (b) in criminal proceedings when the court is to
    determine the conditions of pretrial release amount of
    bail, fitness of the defendant or in sentencing under the
    Unified Code of Corrections; or
        (c) in proceedings under this Act or in criminal
    proceedings in which anyone who has been adjudicated
    delinquent under Section 5-105 is to be a witness including
    the minor or defendant if he or she testifies, and then
    only for purposes of impeachment and pursuant to the rules
    of evidence for criminal trials; or
        (d) in civil proceedings concerning causes of action
    arising out of the incident or incidents which initially
    gave rise to the proceedings under this Act.
    (2) No adjudication or disposition under this Act shall
operate to disqualify a minor from subsequently holding public
office nor shall operate as a forfeiture of any right,
privilege or right to receive any license granted by public
authority.
    (3) The court which adjudicated that a minor has committed
any offense relating to motor vehicles prescribed in Sections
4-102 and 4-103 of the Illinois Vehicle Code shall notify the
Secretary of State of that adjudication and the notice shall
constitute sufficient grounds for revoking that minor's
driver's license or permit as provided in Section 6-205 of the
Illinois Vehicle Code; no minor shall be considered a criminal
by reason thereof, nor shall any such adjudication be
considered a conviction.
(Source: P.A. 90-590, eff. 1-1-99.)
 
    Section 10-215. The Criminal Code of 2012 is amended by
changing Sections 26.5-5, 31-1, 31A-0.1, 32-10, and 32-15 as
follows:
 
    (720 ILCS 5/26.5-5)
    Sec. 26.5-5. Sentence.
    (a) Except as provided in subsection (b), a person who
violates any of the provisions of Section 26.5-1, 26.5-2, or
26.5-3 of this Article is guilty of a Class B misdemeanor.
Except as provided in subsection (b), a second or subsequent
violation of Section 26.5-1, 26.5-2, or 26.5-3 of this Article
is a Class A misdemeanor, for which the court shall impose a
minimum of 14 days in jail or, if public or community service
is established in the county in which the offender was
convicted, 240 hours of public or community service.
    (b) In any of the following circumstances, a person who
violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article
shall be guilty of a Class 4 felony:
        (1) The person has 3 or more prior violations in the
    last 10 years of harassment by telephone, harassment
    through electronic communications, or any similar offense
    of any other state;
        (2) The person has previously violated the harassment
    by telephone provisions, or the harassment through
    electronic communications provisions, or committed any
    similar offense in any other state with the same victim or
    a member of the victim's family or household;
        (3) At the time of the offense, the offender was under
    conditions of pretrial release bail, probation,
    conditional discharge, mandatory supervised release or was
    the subject of an order of protection, in this or any other
    state, prohibiting contact with the victim or any member of
    the victim's family or household;
        (4) In the course of the offense, the offender
    threatened to kill the victim or any member of the victim's
    family or household;
        (5) The person has been convicted in the last 10 years
    of a forcible felony as defined in Section 2-8 of the
    Criminal Code of 1961 or the Criminal Code of 2012;
        (6) The person violates paragraph (5) of Section 26.5-2
    or paragraph (4) of Section 26.5-3; or
        (7) The person was at least 18 years of age at the time
    of the commission of the offense and the victim was under
    18 years of age at the time of the commission of the
    offense.
    (c) The court may order any person convicted under this
Article to submit to a psychiatric examination.
(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
    (720 ILCS 5/31-1)  (from Ch. 38, par. 31-1)
    Sec. 31-1. Resisting or obstructing a peace officer,
firefighter, or correctional institution employee.
    (a) A person who knowingly resists or obstructs the
performance by one known to the person to be a peace officer,
firefighter, or correctional institution employee of any
authorized act within his or her official capacity commits a
Class A misdemeanor.
    (a-5) In addition to any other sentence that may be
imposed, a court shall order any person convicted of resisting
or obstructing a peace officer, firefighter, or correctional
institution employee to be sentenced to a minimum of 48
consecutive hours of imprisonment or ordered to perform
community service for not less than 100 hours as may be
determined by the court. The person shall not be eligible for
probation in order to reduce the sentence of imprisonment or
community service.
    (a-7) A person convicted for a violation of this Section
whose violation was the proximate cause of an injury to a peace
officer, firefighter, or correctional institution employee is
guilty of a Class 4 felony.
    (b) For purposes of this Section, "correctional
institution employee" means any person employed to supervise
and control inmates incarcerated in a penitentiary, State farm,
reformatory, prison, jail, house of correction, police
detention area, half-way house, or other institution or place
for the incarceration or custody of persons under sentence for
offenses or awaiting trial or sentence for offenses, under
arrest for an offense, a violation of probation, a violation of
parole, a violation of aftercare release, a violation of
mandatory supervised release, or awaiting a bail setting
hearing or preliminary hearing on setting the conditions of
pretrial release, or who are sexually dangerous persons or who
are sexually violent persons; and "firefighter" means any
individual, either as an employee or volunteer, of a regularly
constituted fire department of a municipality or fire
protection district who performs fire fighting duties,
including, but not limited to, the fire chief, assistant fire
chief, captain, engineer, driver, ladder person, hose person,
pipe person, and any other member of a regularly constituted
fire department. "Firefighter" also means a person employed by
the Office of the State Fire Marshal to conduct arson
investigations.
    (c) It is an affirmative defense to a violation of this
Section if a person resists or obstructs the performance of one
known by the person to be a firefighter by returning to or
remaining in a dwelling, residence, building, or other
structure to rescue or to attempt to rescue any person.
    (d) A person shall not be subject to arrest under this
Section unless there is an underlying offense for which the
person was initially subject to arrest.
(Source: P.A. 98-558, eff. 1-1-14.)
 
    (720 ILCS 5/31A-0.1)
    Sec. 31A-0.1. Definitions. For the purposes of this
Article:
    "Deliver" or "delivery" means the actual, constructive or
attempted transfer of possession of an item of contraband, with
or without consideration, whether or not there is an agency
relationship.
    "Employee" means any elected or appointed officer, trustee
or employee of a penal institution or of the governing
authority of the penal institution, or any person who performs
services for the penal institution pursuant to contract with
the penal institution or its governing authority.
    "Item of contraband" means any of the following:
        (i) "Alcoholic liquor" as that term is defined in
    Section 1-3.05 of the Liquor Control Act of 1934.
        (ii) "Cannabis" as that term is defined in subsection
    (a) of Section 3 of the Cannabis Control Act.
        (iii) "Controlled substance" as that term is defined in
    the Illinois Controlled Substances Act.
        (iii-a) "Methamphetamine" as that term is defined in
    the Illinois Controlled Substances Act or the
    Methamphetamine Control and Community Protection Act.
        (iv) "Hypodermic syringe" or hypodermic needle, or any
    instrument adapted for use of controlled substances or
    cannabis by subcutaneous injection.
        (v) "Weapon" means any knife, dagger, dirk, billy,
    razor, stiletto, broken bottle, or other piece of glass
    which could be used as a dangerous weapon. This term
    includes any of the devices or implements designated in
    subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of
    this Code, or any other dangerous weapon or instrument of
    like character.
        (vi) "Firearm" means any device, by whatever name
    known, which is designed to expel a projectile or
    projectiles by the action of an explosion, expansion of gas
    or escape of gas, including but not limited to:
            (A) any pneumatic gun, spring gun, or B-B gun which
        expels a single globular projectile not exceeding .18
        inch in diameter; or
            (B) any device used exclusively for signaling or
        safety and required as recommended by the United States
        Coast Guard or the Interstate Commerce Commission; or
            (C) any device used exclusively for the firing of
        stud cartridges, explosive rivets or industrial
        ammunition; or
            (D) any device which is powered by electrical
        charging units, such as batteries, and which fires one
        or several barbs attached to a length of wire and
        which, 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.
        (vii) "Firearm ammunition" means any self-contained
    cartridge or shotgun shell, by whatever name known, which
    is designed to be used or adaptable to use in a firearm,
    including but not limited to:
            (A) any ammunition exclusively designed for use
        with a device used exclusively for signaling or safety
        and required or recommended by the United States Coast
        Guard or the Interstate Commerce Commission; or
            (B) any ammunition designed exclusively for use
        with a stud or rivet driver or other similar industrial
        ammunition.
        (viii) "Explosive" means, but is not limited to, bomb,
    bombshell, grenade, bottle or other container containing
    an explosive substance of over one-quarter ounce for like
    purposes such as black powder bombs and Molotov cocktails
    or artillery projectiles.
        (ix) "Tool to defeat security mechanisms" means, but is
    not limited to, handcuff or security restraint key, tool
    designed to pick locks, popper, or any device or instrument
    used to or capable of unlocking or preventing from locking
    any handcuff or security restraints, doors to cells, rooms,
    gates or other areas of the penal institution.
        (x) "Cutting tool" means, but is not limited to,
    hacksaw blade, wirecutter, or device, instrument or file
    capable of cutting through metal.
        (xi) "Electronic contraband" for the purposes of
    Section 31A-1.1 of this Article means, but is not limited
    to, any electronic, video recording device, computer, or
    cellular communications equipment, including, but not
    limited to, cellular telephones, cellular telephone
    batteries, videotape recorders, pagers, computers, and
    computer peripheral equipment brought into or possessed in
    a penal institution without the written authorization of
    the Chief Administrative Officer. "Electronic contraband"
    for the purposes of Section 31A-1.2 of this Article, means,
    but is not limited to, any electronic, video recording
    device, computer, or cellular communications equipment,
    including, but not limited to, cellular telephones,
    cellular telephone batteries, videotape recorders, pagers,
    computers, and computer peripheral equipment.
    "Penal institution" means any penitentiary, State farm,
reformatory, prison, jail, house of correction, police
detention area, half-way house or other institution or place
for the incarceration or custody of persons under sentence for
offenses awaiting trial or sentence for offenses, under arrest
for an offense, a violation of probation, a violation of
parole, a violation of aftercare release, or a violation of
mandatory supervised release, or awaiting a bail setting
hearing on the setting of conditions of pretrial release or
preliminary hearing; provided that where the place for
incarceration or custody is housed within another public
building this Article shall not apply to that part of the
building unrelated to the incarceration or custody of persons.
(Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14.)
 
    (720 ILCS 5/32-10)  (from Ch. 38, par. 32-10)
    Sec. 32-10. Violation of conditions of pretrial release
bail bond.
    (a) Whoever, having been released pretrial under
conditions admitted to bail for appearance before any court of
this State, incurs a violation of conditions of pretrial
release forfeiture of the bail and knowingly fails to surrender
himself or herself within 30 days following the date of the
violation forfeiture, commits, if the conditions of pretrial
release bail was given in connection with a charge of felony
or pending appeal or certiorari after conviction of any
offense, a felony of the next lower Class or a Class A
misdemeanor if the underlying offense was a Class 4 felony . If
the violation of pretrial conditions were made ; or, if the bail
was given in connection with a charge of committing a
misdemeanor, or for appearance as a witness, commits a
misdemeanor of the next lower Class, but not less than a Class
C misdemeanor.
    (a-5) Any person who knowingly violates a condition of
pretrial release bail bond by possessing a firearm in violation
of his or her conditions of pretrial release bail commits a
Class 4 felony for a first violation and a Class 3 felony for a
second or subsequent violation.
    (b) Whoever, having been released pretrial under
conditions admitted to bail for appearance before any court of
this State, while charged with a criminal offense in which the
victim is a family or household member as defined in Article
112A of the Code of Criminal Procedure of 1963, knowingly
violates a condition of that release as set forth in Section
110-10, subsection (d) of the Code of Criminal Procedure of
1963, commits a Class A misdemeanor.
    (c) Whoever, having been released pretrial under
conditions admitted to bail for appearance before any court of
this State for a felony, Class A misdemeanor or a criminal
offense in which the victim is a family or household member as
defined in Article 112A of the Code of Criminal Procedure of
1963, is charged with any other felony, Class A misdemeanor, or
a criminal offense in which the victim is a family or household
member as defined in Article 112A of the Code of Criminal
Procedure of 1963 while on this release, must appear before the
court before bail is statutorily set.
    (d) Nothing in this Section shall interfere with or prevent
the exercise by any court of its power to punishment for
contempt. Any sentence imposed for violation of this Section
may shall be served consecutive to the sentence imposed for the
charge for which pretrial release bail had been granted and
with respect to which the defendant has been convicted.
(Source: P.A. 97-1108, eff. 1-1-13.)
 
    (720 ILCS 5/32-15)
    Sec. 32-15. Pretrial release Bail bond false statement. Any
person who in any affidavit, document, schedule or other
application to ensure compliance of another with the terms of
pretrial release become surety or bail for another on any bail
bond or recognizance in any civil or criminal proceeding then
pending or about to be started against the other person, having
taken a lawful oath or made affirmation, shall swear or affirm
wilfully, corruptly and falsely as to the factors the court
relied on to approve the conditions of the other person's
pretrial release ownership or liens or incumbrances upon or the
value of any real or personal property alleged to be owned by
the person proposed to ensure those conditions as surety or
bail, the financial worth or standing of the person proposed as
surety or bail, or as to the number or total penalties of all
other bonds or recognizances signed by and standing against the
proposed surety or bail, or any person who, having taken a
lawful oath or made affirmation, shall testify wilfully,
corruptly and falsely as to any of said matters for the purpose
of inducing the approval of any such conditions of pretrial
release bail bond or recognizance; or for the purpose of
justifying on any such conditions of pretrial release bail bond
or recognizance, or who shall suborn any other person to so
swear, affirm or testify as aforesaid, shall be deemed and
adjudged guilty of perjury or subornation of perjury (as the
case may be) and punished accordingly.
(Source: P.A. 97-1108, eff. 1-1-13.)
 
    Section 10-216. The Criminal Code of 2012 is amended by
changing Sections 7-5, 7-5.5, 7-9, 9-1, and 33-3 and by adding
Sections 7-15, 7-16, and 33-9 as follows:
 
    (720 ILCS 5/7-5)  (from Ch. 38, par. 7-5)
    Sec. 7-5. Peace officer's use of force in making arrest.
(a) A peace officer, or any person whom he has summoned or
directed to assist him, need not retreat or desist from efforts
to make a lawful arrest because of resistance or threatened
resistance to the arrest. He is justified in the use of any
force which he reasonably believes, based on the totality of
the circumstances, to be necessary to effect the arrest and of
any force which he reasonably believes, based on the totality
of the circumstances, to be necessary to defend himself or
another from bodily harm while making the arrest. However, he
is justified in using force likely to cause death or great
bodily harm only when he reasonably believes, based on the
totality of the circumstances, that such force is necessary to
prevent death or great bodily harm to himself or such other
person, or when he reasonably believes, based on the totality
of the circumstances, both that:
        (1) Such force is necessary to prevent the arrest from
    being defeated by resistance or escape; the officer
    reasonably believes that the person to be arrested cannot
    be apprehended at a later date, and the officer reasonably
    believes that the person to be arrested is likely to cause
    great bodily harm to another; and
        (2) The person to be arrested just has committed or
    attempted a forcible felony which involves the infliction
    or threatened infliction of great bodily harm or is
    attempting to escape by use of a deadly weapon, or
    otherwise indicates that he will endanger human life or
    inflict great bodily harm unless arrested without delay.
    As used in this subsection, "retreat" does not mean
tactical repositioning or other de-escalation tactics.
    (a-5) Where feasible, a peace officer shall, prior to the
use of force, make reasonable efforts to identify himself or
herself as a peace officer and to warn that deadly force may be
used, unless the officer has reasonable grounds to believe that
the person is aware of those facts.
    (a-10) A peace officer shall not use deadly force against a
person based on the danger that the person poses to himself or
herself if an reasonable officer would believe the person does
not pose an imminent threat of death or serious bodily injury
to the peace officer or to another person.
    (a-15) A peace officer shall not use deadly force against a
person who is suspected of committing a property offense,
unless that offense is terrorism or unless deadly force is
otherwise authorized by law.
    (b) A peace officer making an arrest pursuant to an invalid
warrant is justified in the use of any force which he would be
justified in using if the warrant were valid, unless he knows
that the warrant is invalid.
    (c) The authority to use physical force conferred on peace
officers by this Article is a serious responsibility that shall
be exercised judiciously and with respect for human rights and
dignity and for the sanctity of every human life.
    (d) Peace officers shall use deadly force only when
reasonably necessary in defense of human life. In determining
whether deadly force is reasonably necessary, officers shall
evaluate each situation in light of the particular
circumstances of each case and shall use other available
resources and techniques, if reasonably safe and feasible to a
reasonable officer.
    (e) The decision by a peace officer to use force shall be
evaluated carefully and thoroughly, in a manner that reflects
the gravity of that authority and the serious consequences of
the use of force by peace officers, in order to ensure that
officers use force consistent with law and agency policies.
    (f) The decision by a peace officer to use force shall be
evaluated from the perspective of a reasonable officer in the
same situation, based on the totality of the circumstances
known to or perceived by the officer at the time of the
decision, rather than with the benefit of hindsight, and that
the totality of the circumstances shall account for occasions
when officers may be forced to make quick judgments about using
force.
    (g) Law enforcement agencies are encouraged to adopt and
develop policies designed to protect individuals with
physical, mental health, developmental, or intellectual
disabilities, who are significantly more likely to experience
greater levels of physical force during police interactions, as
these disabilities may affect the ability of a person to
understand or comply with commands from peace officers.
    (h) As used in this Section:
        (1) "Deadly force" means any use of force that creates
    a substantial risk of causing death or serious bodily
    injury, including, but not limited to, the discharge of a
    firearm.
        (2) A threat of death or serious bodily injury is
    "imminent" when, based on the totality of the
    circumstances, a reasonable officer in the same situation
    would believe that a person has the present ability,
    opportunity, and apparent intent to immediately cause
    death or serious bodily injury to the peace officer or
    another person. An imminent harm is not merely a fear of
    future harm, no matter how great the fear and no matter how
    great the likelihood of the harm, but is one that, from
    appearances, must be instantly confronted and addressed.
        (3) "Totality of the circumstances" means all facts
    known to the peace officer at the time, or that would be
    known to a reasonable officer in the same situation,
    including the conduct of the officer and the subject
    leading up to the use of deadly force.
(Source: P.A. 84-1426.)
 
    (720 ILCS 5/7-5.5)
    Sec. 7-5.5. Prohibited use of force by a peace officer.
    (a) A peace officer, or any person acting on behalf of a
peace officer, shall not use a chokehold or restraint above the
shoulders with risk of asphyxiation in the performance of his
or her duties, unless deadly force is justified under Article 7
of this Code.
    (b) A peace officer, or any person acting on behalf of a
peace officer, shall not use a chokehold or restraint above the
shoulders with risk of asphyxiation, or any lesser contact with
the throat or neck area of another, in order to prevent the
destruction of evidence by ingestion.
    (c) As used in this Section, "chokehold" means applying any
direct pressure to the throat, windpipe, or airway of another
with the intent to reduce or prevent the intake of air.
"Chokehold" does not include any holding involving contact with
the neck that is not intended to reduce the intake of air.
    (d) As used in this Section, "restraint above the shoulders
with risk of positional asphyxiation" means a use of a
technique used to restrain a person above the shoulders,
including the neck or head, in a position which interferes with
the person's ability to breathe after the person no longer
poses a threat to the officer or any other person.
    (e) A peace officer, or any person acting on behalf of a
peace officer, shall not:
        (i) use force as punishment or retaliation;
        (ii) discharge kinetic impact projectiles and all
    other non-or less-lethal projectiles in a manner that
    targets the head, pelvis, or back;
        (iii) discharge firearms or kinetic impact projectiles
    indiscriminately into a crowd; or
        (iv) use chemical agents or irritants, including
    pepper spray and tear gas, prior to issuing an order to
    disperse in a sufficient manner to ensure the order is
    heard and repeated if necessary, followed by sufficient
    time and space to allow compliance with the order.
(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
 
    (720 ILCS 5/7-9)  (from Ch. 38, par. 7-9)
    Sec. 7-9. Use of force to prevent escape.
    (a) A peace officer or other person who has an arrested
person in his custody is justified in the use of such force,
except deadly force, to prevent the escape of the arrested
person from custody as he would be justified in using if he
were arresting such person.
    (b) A guard or other peace officer is justified in the use
of force, including force likely to cause death or great bodily
harm, which he reasonably believes to be necessary to prevent
the escape from a penal institution of a person whom the
officer reasonably believes to be lawfully detained in such
institution under sentence for an offense or awaiting trial or
commitment for an offense.
    (c) Deadly force shall not be used to prevent escape under
this Section unless, based on the totality of the
circumstances, deadly force is necessary to prevent death or
great bodily harm to himself or such other person.
(Source: Laws 1961, p. 1983.)
 
    (720 ILCS 5/7-15 new)
    Sec. 7-15. Duty to render aid. It is the policy of the
State of Illinois that all law enforcement officers must, as
soon as reasonably practical, determine if a person is injured,
whether as a result of a use of force or otherwise, and render
medical aid and assistance consistent with training and request
emergency medical assistance if necessary. "Render medical aid
and assistance" includes, but is not limited to, (i) performing
emergency life-saving procedures such as cardiopulmonary
resuscitation or the administration of an automated external
defibrillator; and (ii) the carrying, or the making of
arrangements for the carrying, of such person to a physician,
surgeon, or hospital for medical or surgical treatment if it is
apparent that treatment is necessary, or if such carrying is
requested by the injured person.
 
    (720 ILCS 5/7-16 new)
    Sec. 7-16. Duty to intervene.
    (a) A peace officer, or any person acting on behalf of a
peace officer, shall have an affirmative duty to intervene to
prevent or stop another peace officer in his or her presence
from using any unauthorized force or force that exceeds the
degree of force permitted, if any, without regard for chain of
command.
    (b) A peace officer, or any person acting on behalf of a
peace officer, who intervenes as required by this Section shall
report the intervention to the person designated/identified by
the law enforcement entity in a manner prescribed by the
agency. The report required by this Section must include the
date, time, and place of the occurrence; the identity, if
known, and description of the participants; and a description
of the intervention actions taken and whether they were
successful. In no event shall the report be submitted more than
5 days after the incident.
    (c) A member of a law enforcement agency shall not
discipline nor retaliate in any way against a peace officer for
intervening as required in this Section or for reporting
unconstitutional or unlawful conduct, or for failing to follow
what the officer reasonably believes is an unconstitutional or
unlawful directive.
 
    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)
    Sec. 9-1. First degree murder; death penalties;
exceptions; separate hearings; proof; findings; appellate
procedures; reversals.
    (a) A person who kills an individual without lawful
justification commits first degree murder if, in performing the
acts which cause the death:
        (1) he or she either intends to kill or do great bodily
    harm to that individual or another, or knows that such acts
    will cause death to that individual or another; or
        (2) he or she knows that such acts create a strong
    probability of death or great bodily harm to that
    individual or another; or
        (3) he or she, acting alone or with one or more
    participants, commits or attempts to commit a forcible
    felony other than second degree murder, and in the course
    of or in furtherance of such crime or flight therefrom, he
    or she or another participant causes the death of a person
    he or she is attempting or committing a forcible felony
    other than second degree murder.
    (b) Aggravating Factors. A defendant who at the time of the
commission of the offense has attained the age of 18 or more
and who has been found guilty of first degree murder may be
sentenced to death if:
        (1) the murdered individual was a peace officer or
    fireman killed in the course of performing his official
    duties, to prevent the performance of his or her official
    duties, or in retaliation for performing his or her
    official duties, and the defendant knew or should have
    known that the murdered individual was a peace officer or
    fireman; or
        (2) the murdered individual was an employee of an
    institution or facility of the Department of Corrections,
    or any similar local correctional agency, killed in the
    course of performing his or her official duties, to prevent
    the performance of his or her official duties, or in
    retaliation for performing his or her official duties, or
    the murdered individual was an inmate at such institution
    or facility and was killed on the grounds thereof, or the
    murdered individual was otherwise present in such
    institution or facility with the knowledge and approval of
    the chief administrative officer thereof; or
        (3) the defendant has been convicted of murdering two
    or more individuals under subsection (a) of this Section or
    under any law of the United States or of any state which is
    substantially similar to subsection (a) of this Section
    regardless of whether the deaths occurred as the result of
    the same act or of several related or unrelated acts so
    long as the deaths were the result of either an intent to
    kill more than one person or of separate acts which the
    defendant knew would cause death or create a strong
    probability of death or great bodily harm to the murdered
    individual or another; or
        (4) the murdered individual was killed as a result of
    the hijacking of an airplane, train, ship, bus, or other
    public conveyance; or
        (5) the defendant committed the murder pursuant to a
    contract, agreement, or understanding by which he or she
    was to receive money or anything of value in return for
    committing the murder or procured another to commit the
    murder for money or anything of value; or
        (6) the murdered individual was killed in the course of
    another felony if:
            (a) the murdered individual:
                (i) was actually killed by the defendant, or
                (ii) received physical injuries personally
            inflicted by the defendant substantially
            contemporaneously with physical injuries caused by
            one or more persons for whose conduct the defendant
            is legally accountable under Section 5-2 of this
            Code, and the physical injuries inflicted by
            either the defendant or the other person or persons
            for whose conduct he is legally accountable caused
            the death of the murdered individual; and
            (b) in performing the acts which caused the death
        of the murdered individual or which resulted in
        physical injuries personally inflicted by the
        defendant on the murdered individual under the
        circumstances of subdivision (ii) of subparagraph (a)
        of paragraph (6) of subsection (b) of this Section, the
        defendant acted with the intent to kill the murdered
        individual or with the knowledge that his acts created
        a strong probability of death or great bodily harm to
        the murdered individual or another; and
            (c) the other felony was an inherently violent
        crime or the attempt to commit an inherently violent
        crime. In this subparagraph (c), "inherently violent
        crime" includes, but is not limited to, armed robbery,
        robbery, predatory criminal sexual assault of a child,
        aggravated criminal sexual assault, aggravated
        kidnapping, aggravated vehicular hijacking, aggravated
        arson, aggravated stalking, residential burglary, and
        home invasion; or
        (7) the murdered individual was under 12 years of age
    and the death resulted from exceptionally brutal or heinous
    behavior indicative of wanton cruelty; or
        (8) the defendant committed the murder with intent to
    prevent the murdered individual from testifying or
    participating in any criminal investigation or prosecution
    or giving material assistance to the State in any
    investigation or prosecution, either against the defendant
    or another; or the defendant committed the murder because
    the murdered individual was a witness in any prosecution or
    gave material assistance to the State in any investigation
    or prosecution, either against the defendant or another;
    for purposes of this paragraph (8), "participating in any
    criminal investigation or prosecution" is intended to
    include those appearing in the proceedings in any capacity
    such as trial judges, prosecutors, defense attorneys,
    investigators, witnesses, or jurors; or
        (9) the defendant, while committing an offense
    punishable under Sections 401, 401.1, 401.2, 405, 405.2,
    407 or 407.1 or subsection (b) of Section 404 of the
    Illinois Controlled Substances Act, or while engaged in a
    conspiracy or solicitation to commit such offense,
    intentionally killed an individual or counseled,
    commanded, induced, procured or caused the intentional
    killing of the murdered individual; or
        (10) the defendant was incarcerated in an institution
    or facility of the Department of Corrections at the time of
    the murder, and while committing an offense punishable as a
    felony under Illinois law, or while engaged in a conspiracy
    or solicitation to commit such offense, intentionally
    killed an individual or counseled, commanded, induced,
    procured or caused the intentional killing of the murdered
    individual; or
        (11) the murder was committed in a cold, calculated and
    premeditated manner pursuant to a preconceived plan,
    scheme or design to take a human life by unlawful means,
    and the conduct of the defendant created a reasonable
    expectation that the death of a human being would result
    therefrom; or
        (12) the murdered individual was an emergency medical
    technician - ambulance, emergency medical technician -
    intermediate, emergency medical technician - paramedic,
    ambulance driver, or other medical assistance or first aid
    personnel, employed by a municipality or other
    governmental unit, killed in the course of performing his
    official duties, to prevent the performance of his official
    duties, or in retaliation for performing his official
    duties, and the defendant knew or should have known that
    the murdered individual was an emergency medical
    technician - ambulance, emergency medical technician -
    intermediate, emergency medical technician - paramedic,
    ambulance driver, or other medical assistance or first aid
    personnel; or
        (13) the defendant was a principal administrator,
    organizer, or leader of a calculated criminal drug
    conspiracy consisting of a hierarchical position of
    authority superior to that of all other members of the
    conspiracy, and the defendant counseled, commanded,
    induced, procured, or caused the intentional killing of the
    murdered person; or
        (14) the murder was intentional and involved the
    infliction of torture. For the purpose of this Section
    torture means the infliction of or subjection to extreme
    physical pain, motivated by an intent to increase or
    prolong the pain, suffering or agony of the victim; or
        (15) the murder was committed as a result of the
    intentional discharge of a firearm by the defendant from a
    motor vehicle and the victim was not present within the
    motor vehicle; or
        (16) the murdered individual was 60 years of age or
    older and the death resulted from exceptionally brutal or
    heinous behavior indicative of wanton cruelty; or
        (17) the murdered individual was a person with a
    disability and the defendant knew or should have known that
    the murdered individual was a person with a disability. For
    purposes of this paragraph (17), "person with a disability"
    means a person who suffers from a permanent physical or
    mental impairment resulting from disease, an injury, a
    functional disorder, or a congenital condition that
    renders the person incapable of adequately providing for
    his or her own health or personal care; or
        (18) the murder was committed by reason of any person's
    activity as a community policing volunteer or to prevent
    any person from engaging in activity as a community
    policing volunteer; or
        (19) the murdered individual was subject to an order of
    protection and the murder was committed by a person against
    whom the same order of protection was issued under the
    Illinois Domestic Violence Act of 1986; or
        (20) the murdered individual was known by the defendant
    to be a teacher or other person employed in any school and
    the teacher or other employee is upon the grounds of a
    school or grounds adjacent to a school, or is in any part
    of a building used for school purposes; or
        (21) the murder was committed by the defendant in
    connection with or as a result of the offense of terrorism
    as defined in Section 29D-14.9 of this Code; or
        (22) the murdered individual was a member of a
    congregation engaged in prayer or other religious
    activities at a church, synagogue, mosque, or other
    building, structure, or place used for religious worship.
    (b-5) Aggravating Factor; Natural Life Imprisonment. A
defendant who has been found guilty of first degree murder and
who at the time of the commission of the offense had attained
the age of 18 years or more may be sentenced to natural life
imprisonment if (i) the murdered individual was a physician,
physician assistant, psychologist, nurse, or advanced practice
registered nurse, (ii) the defendant knew or should have known
that the murdered individual was a physician, physician
assistant, psychologist, nurse, or advanced practice
registered nurse, and (iii) the murdered individual was killed
in the course of acting in his or her capacity as a physician,
physician assistant, psychologist, nurse, or advanced practice
registered nurse, or to prevent him or her from acting in that
capacity, or in retaliation for his or her acting in that
capacity.
    (c) Consideration of factors in Aggravation and
Mitigation.
    The court shall consider, or shall instruct the jury to
consider any aggravating and any mitigating factors which are
relevant to the imposition of the death penalty. Aggravating
factors may include but need not be limited to those factors
set forth in subsection (b). Mitigating factors may include but
need not be limited to the following:
        (1) the defendant has no significant history of prior
    criminal activity;
        (2) the murder was committed while the defendant was
    under the influence of extreme mental or emotional
    disturbance, although not such as to constitute a defense
    to prosecution;
        (3) the murdered individual was a participant in the
    defendant's homicidal conduct or consented to the
    homicidal act;
        (4) the defendant acted under the compulsion of threat
    or menace of the imminent infliction of death or great
    bodily harm;
        (5) the defendant was not personally present during
    commission of the act or acts causing death;
        (6) the defendant's background includes a history of
    extreme emotional or physical abuse;
        (7) the defendant suffers from a reduced mental
    capacity.
    Provided, however, that an action that does not otherwise
mitigate first degree murder cannot qualify as a mitigating
factor for first degree murder because of the discovery,
knowledge, or disclosure of the victim's sexual orientation as
defined in Section 1-103 of the Illinois Human Rights Act.
    (d) Separate sentencing hearing.
    Where requested by the State, the court shall conduct a
separate sentencing proceeding to determine the existence of
factors set forth in subsection (b) and to consider any
aggravating or mitigating factors as indicated in subsection
(c). The proceeding shall be conducted:
        (1) before the jury that determined the defendant's
    guilt; or
        (2) before a jury impanelled for the purpose of the
    proceeding if:
            A. the defendant was convicted upon a plea of
        guilty; or
            B. the defendant was convicted after a trial before
        the court sitting without a jury; or
            C. the court for good cause shown discharges the
        jury that determined the defendant's guilt; or
        (3) before the court alone if the defendant waives a
    jury for the separate proceeding.
    (e) Evidence and Argument.
    During the proceeding any information relevant to any of
the factors set forth in subsection (b) may be presented by
either the State or the defendant under the rules governing the
admission of evidence at criminal trials. Any information
relevant to any additional aggravating factors or any
mitigating factors indicated in subsection (c) may be presented
by the State or defendant regardless of its admissibility under
the rules governing the admission of evidence at criminal
trials. The State and the defendant shall be given fair
opportunity to rebut any information received at the hearing.
    (f) Proof.
    The burden of proof of establishing the existence of any of
the factors set forth in subsection (b) is on the State and
shall not be satisfied unless established beyond a reasonable
doubt.
    (g) Procedure - Jury.
    If at the separate sentencing proceeding the jury finds
that none of the factors set forth in subsection (b) exists,
the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections. If there is a unanimous finding by the jury that
one or more of the factors set forth in subsection (b) exist,
the jury shall consider aggravating and mitigating factors as
instructed by the court and shall determine whether the
sentence of death shall be imposed. If the jury determines
unanimously, after weighing the factors in aggravation and
mitigation, that death is the appropriate sentence, the court
shall sentence the defendant to death. If the court does not
concur with the jury determination that death is the
appropriate sentence, the court shall set forth reasons in
writing including what facts or circumstances the court relied
upon, along with any relevant documents, that compelled the
court to non-concur with the sentence. This document and any
attachments shall be part of the record for appellate review.
The court shall be bound by the jury's sentencing
determination.
    If after weighing the factors in aggravation and
mitigation, one or more jurors determines that death is not the
appropriate sentence, the court shall sentence the defendant to
a term of imprisonment under Chapter V of the Unified Code of
Corrections.
    (h) Procedure - No Jury.
    In a proceeding before the court alone, if the court finds
that none of the factors found in subsection (b) exists, the
court shall sentence the defendant to a term of imprisonment
under Chapter V of the Unified Code of Corrections.
    If the Court determines that one or more of the factors set
forth in subsection (b) exists, the Court shall consider any
aggravating and mitigating factors as indicated in subsection
(c). If the Court determines, after weighing the factors in
aggravation and mitigation, that death is the appropriate
sentence, the Court shall sentence the defendant to death.
    If the court finds that death is not the appropriate
sentence, the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
    (h-5) Decertification as a capital case.
    In a case in which the defendant has been found guilty of
first degree murder by a judge or jury, or a case on remand for
resentencing, and the State seeks the death penalty as an
appropriate sentence, on the court's own motion or the written
motion of the defendant, the court may decertify the case as a
death penalty case if the court finds that the only evidence
supporting the defendant's conviction is the uncorroborated
testimony of an informant witness, as defined in Section 115-21
of the Code of Criminal Procedure of 1963, concerning the
confession or admission of the defendant or that the sole
evidence against the defendant is a single eyewitness or single
accomplice without any other corroborating evidence. If the
court decertifies the case as a capital case under either of
the grounds set forth above, the court shall issue a written
finding. The State may pursue its right to appeal the
decertification pursuant to Supreme Court Rule 604(a)(1). If
the court does not decertify the case as a capital case, the
matter shall proceed to the eligibility phase of the sentencing
hearing.
    (i) Appellate Procedure.
    The conviction and sentence of death shall be subject to
automatic review by the Supreme Court. Such review shall be in
accordance with rules promulgated by the Supreme Court. The
Illinois Supreme Court may overturn the death sentence, and
order the imposition of imprisonment under Chapter V of the
Unified Code of Corrections if the court finds that the death
sentence is fundamentally unjust as applied to the particular
case. If the Illinois Supreme Court finds that the death
sentence is fundamentally unjust as applied to the particular
case, independent of any procedural grounds for relief, the
Illinois Supreme Court shall issue a written opinion explaining
this finding.
    (j) Disposition of reversed death sentence.
    In the event that the death penalty in this Act is held to
be unconstitutional by the Supreme Court of the United States
or of the State of Illinois, any person convicted of first
degree murder shall be sentenced by the court to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
    In the event that any death sentence pursuant to the
sentencing provisions of this Section is declared
unconstitutional by the Supreme Court of the United States or
of the State of Illinois, the court having jurisdiction over a
person previously sentenced to death shall cause the defendant
to be brought before the court, and the court shall sentence
the defendant to a term of imprisonment under Chapter V of the
Unified Code of Corrections.
    (k) Guidelines for seeking the death penalty.
    The Attorney General and State's Attorneys Association
shall consult on voluntary guidelines for procedures governing
whether or not to seek the death penalty. The guidelines do not
have the force of law and are only advisory in nature.
(Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
100-863, eff. 8-14-18; 101-223, eff. 1-1-20.)
 
    (720 ILCS 5/33-3)  (from Ch. 38, par. 33-3)
    Sec. 33-3. Official misconduct.
    (a) A public officer or employee or special government
agent commits misconduct when, in his official capacity or
capacity as a special government agent, he or she commits any
of the following acts:
        (1) Intentionally or recklessly fails to perform any
    mandatory duty as required by law; or
        (2) Knowingly performs an act which he knows he is
    forbidden by law to perform; or
        (3) With intent to obtain a personal advantage for
    himself or another, he performs an act in excess of his
    lawful authority; or
        (4) Solicits or knowingly accepts for the performance
    of any act a fee or reward which he knows is not authorized
    by law.
    (b) An employee of a law enforcement agency commits
misconduct when he or she knowingly uses or communicates,
directly or indirectly, information acquired in the course of
employment, with the intent to obstruct, impede, or prevent the
investigation, apprehension, or prosecution of any criminal
offense or person. Nothing in this subsection (b) shall be
construed to impose liability for communicating to a
confidential resource, who is participating or aiding law
enforcement, in an ongoing investigation.
    (c) A public officer or employee or special government
agent convicted of violating any provision of this Section
forfeits his or her office or employment or position as a
special government agent. In addition, he or she commits a
Class 3 felony.
    (d) For purposes of this Section:
        "Special , "special government agent" has the meaning
    ascribed to it in subsection (l) of Section 4A-101 of the
    Illinois Governmental Ethics Act.
(Source: P.A. 98-867, eff. 1-1-15.)
 
    (720 ILCS 5/33-9 new)
    Sec. 33-9. Law enforcement misconduct.
    (a) A law enforcement officer or a person acting on behalf
of a law enforcement officer commits law enforcement misconduct
when, in the performance of his or her official duties, he or
she knowingly and intentionally:
        (1) misrepresents or fails to provide facts describing
    an incident in any report or during any investigations
    regarding the law enforcement employee's conduct;
        (2) withholds any knowledge of the misrepresentations
    of another law enforcement officer from the law enforcement
    employee's supervisor, investigator, or other person or
    entity tasked with holding the law enforcement officer
    accountable; or
        (3) fails to comply with State law or their department
    policy requiring the use of officer-worn body cameras.
    (b) Sentence. Law enforcement misconduct is a Class 3
felony.
 
    Section 10-255. The Code of Criminal Procedure of 1963 is
amended by changing the heading of Article 110 by changing
Sections 102-6, 102-7, 103-5, 103-7, 103-9, 104-13, 104-17,
106D-1, 107-4, 107-9, 109-1, 109-2, 109-3, 109-3.1, 110-1,
110-2, 110-3, 110-4, 110-5, 110-5.2, 110-6, 110-6.1, 110-6.2,
110-6.4, 110-10, 110-11, 110-12, 111-2, 112A-23, 114-1,
115-4.1, and 122-6 and by adding Section 110-1.5 as follows:
 
    (725 ILCS 5/102-6)  (from Ch. 38, par. 102-6)
    Sec. 102-6. Pretrial release "Bail".
    "Pretrial release" "Bail" has the meaning ascribed to bail
in Section 9 of Article I of the Illinois Constitution that is
non-monetary means the amount of money set by the court which
is required to be obligated and secured as provided by law for
the release of a person in custody in order that he will appear
before the court in which his appearance may be required and
that he will comply with such conditions as set forth in the
bail bond.
(Source: Laws 1963, p. 2836.)
 
    (725 ILCS 5/102-7)  (from Ch. 38, par. 102-7)
    Sec. 102-7. Conditions of pretrial release "Bail bond".
    "Conditions of pretrial release" "Bail bond" means the
conditions established by the court an undertaking secured by
bail entered into by a person in custody by which he binds
himself to comply with such conditions as are set forth
therein.
(Source: Laws 1963, p. 2836.)
 
    (725 ILCS 5/103-5)  (from Ch. 38, par. 103-5)
    Sec. 103-5. Speedy trial.)
    (a) Every person in custody in this State for an alleged
offense shall be tried by the court having jurisdiction within
120 days from the date he or she was taken into custody unless
delay is occasioned by the defendant, by an examination for
fitness ordered pursuant to Section 104-13 of this Act, by a
fitness hearing, by an adjudication of unfitness to stand
trial, by a continuance allowed pursuant to Section 114-4 of
this Act after a court's determination of the defendant's
physical incapacity for trial, or by an interlocutory appeal.
Delay shall be considered to be agreed to by the defendant
unless he or she objects to the delay by making a written
demand for trial or an oral demand for trial on the record. The
provisions of this subsection (a) do not apply to a person on
pretrial release bail or recognizance for an offense but who is
in custody for a violation of his or her parole, aftercare
release, or mandatory supervised release for another offense.
    The 120-day term must be one continuous period of
incarceration. In computing the 120-day term, separate periods
of incarceration may not be combined. If a defendant is taken
into custody a second (or subsequent) time for the same
offense, the term will begin again at day zero.
    (b) Every person on pretrial release bail or recognizance
shall be tried by the court having jurisdiction within 160 days
from the date defendant demands trial unless delay is
occasioned by the defendant, by an examination for fitness
ordered pursuant to Section 104-13 of this Act, by a fitness
hearing, by an adjudication of unfitness to stand trial, by a
continuance allowed pursuant to Section 114-4 of this Act after
a court's determination of the defendant's physical incapacity
for trial, or by an interlocutory appeal. The defendant's
failure to appear for any court date set by the court operates
to waive the defendant's demand for trial made under this
subsection.
    For purposes of computing the 160 day period under this
subsection (b), every person who was in custody for an alleged
offense and demanded trial and is subsequently released on
pretrial release bail or recognizance and demands trial, shall
be given credit for time spent in custody following the making
of the demand while in custody. Any demand for trial made under
this subsection (b) shall be in writing; and in the case of a
defendant not in custody, the demand for trial shall include
the date of any prior demand made under this provision while
the defendant was in custody.
    (c) If the court determines that the State has exercised
without success due diligence to obtain evidence material to
the case and that there are reasonable grounds to believe that
such evidence may be obtained at a later day the court may
continue the cause on application of the State for not more
than an additional 60 days. If the court determines that the
State has exercised without success due diligence to obtain
results of DNA testing that is material to the case and that
there are reasonable grounds to believe that such results may
be obtained at a later day, the court may continue the cause on
application of the State for not more than an additional 120
days.
    (d) Every person not tried in accordance with subsections
(a), (b) and (c) of this Section shall be discharged from
custody or released from the obligations of his pretrial
release bail or recognizance.
    (e) If a person is simultaneously in custody upon more than
one charge pending against him in the same county, or
simultaneously demands trial upon more than one charge pending
against him in the same county, he shall be tried, or adjudged
guilty after waiver of trial, upon at least one such charge
before expiration relative to any of such pending charges of
the period prescribed by subsections (a) and (b) of this
Section. Such person shall be tried upon all of the remaining
charges thus pending within 160 days from the date on which
judgment relative to the first charge thus prosecuted is
rendered pursuant to the Unified Code of Corrections or, if
such trial upon such first charge is terminated without
judgment and there is no subsequent trial of, or adjudication
of guilt after waiver of trial of, such first charge within a
reasonable time, the person shall be tried upon all of the
remaining charges thus pending within 160 days from the date on
which such trial is terminated; if either such period of 160
days expires without the commencement of trial of, or
adjudication of guilt after waiver of trial of, any of such
remaining charges thus pending, such charge or charges shall be
dismissed and barred for want of prosecution unless delay is
occasioned by the defendant, by an examination for fitness
ordered pursuant to Section 104-13 of this Act, by a fitness
hearing, by an adjudication of unfitness for trial, by a
continuance allowed pursuant to Section 114-4 of this Act after
a court's determination of the defendant's physical incapacity
for trial, or by an interlocutory appeal; provided, however,
that if the court determines that the State has exercised
without success due diligence to obtain evidence material to
the case and that there are reasonable grounds to believe that
such evidence may be obtained at a later day the court may
continue the cause on application of the State for not more
than an additional 60 days.
    (f) Delay occasioned by the defendant shall temporarily
suspend for the time of the delay the period within which a
person shall be tried as prescribed by subsections (a), (b), or
(e) of this Section and on the day of expiration of the delay
the said period shall continue at the point at which it was
suspended. Where such delay occurs within 21 days of the end of
the period within which a person shall be tried as prescribed
by subsections (a), (b), or (e) of this Section, the court may
continue the cause on application of the State for not more
than an additional 21 days beyond the period prescribed by
subsections (a), (b), or (e). This subsection (f) shall become
effective on, and apply to persons charged with alleged
offenses committed on or after, March 1, 1977.
(Source: P.A. 98-558, eff. 1-1-14.)
 
    (725 ILCS 5/103-7)  (from Ch. 38, par. 103-7)
    Sec. 103-7. Posting notice of rights.
    Every sheriff, chief of police or other person who is in
charge of any jail, police station or other building where
persons under arrest are held in custody pending investigation,
pretrial release bail or other criminal proceedings, shall post
in every room, other than cells, of such buildings where
persons are held in custody, in conspicuous places where it may
be seen and read by persons in custody and others, a poster,
printed in large type, containing a verbatim copy in the
English language of the provisions of Sections 103-2, 103-3,
103-4, 109-1, 110-2, 110-4, and sub-parts (a) and (b) of
Sections 110-7 and 113-3 of this Code. Each person who is in
charge of any courthouse or other building in which any trial
of an offense is conducted shall post in each room primarily
used for such trials and in each room in which defendants are
confined or wait, pending trial, in conspicuous places where it
may be seen and read by persons in custody and others, a
poster, printed in large type, containing a verbatim copy in
the English language of the provisions of Sections 103-6,
113-1, 113-4 and 115-1 and of subparts (a) and (b) of Section
113-3 of this Code.
(Source: Laws 1965, p. 2622.)
 
    (725 ILCS 5/103-9)  (from Ch. 38, par. 103-9)
    Sec. 103-9. Bail bondsmen. No bail bondsman from any state
may seize or transport unwillingly any person found in this
State who is allegedly in violation of a bail bond posted in
some other state or conditions of pretrial release. The return
of any such person to another state may be accomplished only as
provided by the laws of this State. Any bail bondsman who
violates this Section is fully subject to the criminal and
civil penalties provided by the laws of this State for his
actions.
(Source: P.A. 84-694.)
 
    (725 ILCS 5/104-13)  (from Ch. 38, par. 104-13)
    Sec. 104-13. Fitness Examination.
    (a) When the issue of fitness involves the defendant's
mental condition, the court shall order an examination of the
defendant by one or more licensed physicians, clinical
psychologists, or psychiatrists chosen by the court. No
physician, clinical psychologist or psychiatrist employed by
the Department of Human Services shall be ordered to perform,
in his official capacity, an examination under this Section.
    (b) If the issue of fitness involves the defendant's
physical condition, the court shall appoint one or more
physicians and in addition, such other experts as it may deem
appropriate to examine the defendant and to report to the court
regarding the defendant's condition.
    (c) An examination ordered under this Section shall be
given at the place designated by the person who will conduct
the examination, except that if the defendant is being held in
custody, the examination shall take place at such location as
the court directs. No examinations under this Section shall be
ordered to take place at mental health or developmental
disabilities facilities operated by the Department of Human
Services. If the defendant fails to keep appointments without
reasonable cause or if the person conducting the examination
reports to the court that diagnosis requires hospitalization or
extended observation, the court may order the defendant
admitted to an appropriate facility for an examination, other
than a screening examination, for not more than 7 days. The
court may, upon a showing of good cause, grant an additional 7
days to complete the examination.
    (d) Release on pretrial release bail or on recognizance
shall not be revoked and an application therefor shall not be
denied on the grounds that an examination has been ordered.
    (e) Upon request by the defense and if the defendant is
indigent, the court may appoint, in addition to the expert or
experts chosen pursuant to subsection (a) of this Section, a
qualified expert selected by the defendant to examine him and
to make a report as provided in Section 104-15. Upon the filing
with the court of a verified statement of services rendered,
the court shall enter an order on the county board to pay such
expert a reasonable fee stated in the order.
(Source: P.A. 89-507, eff. 7-1-97.)
 
    (725 ILCS 5/104-17)  (from Ch. 38, par. 104-17)
    Sec. 104-17. Commitment for treatment; treatment plan.
    (a) If the defendant is eligible to be or has been released
on pretrial release bail or on his own recognizance, the court
shall select the least physically restrictive form of treatment
therapeutically appropriate and consistent with the treatment
plan. The placement may be ordered either on an inpatient or an
outpatient basis.
    (b) If the defendant's disability is mental, the court may
order him placed for treatment in the custody of the Department
of Human Services, or the court may order him placed in the
custody of any other appropriate public or private mental
health facility or treatment program which has agreed to
provide treatment to the defendant. If the court orders the
defendant placed in the custody of the Department of Human
Services, the Department shall evaluate the defendant to
determine to which secure facility the defendant shall be
transported and, within 20 days of the transmittal by the clerk
of the circuit court of the placement court order, notify the
sheriff of the designated facility. Upon receipt of that
notice, the sheriff shall promptly transport the defendant to
the designated facility. If the defendant is placed in the
custody of the Department of Human Services, the defendant
shall be placed in a secure setting. During the period of time
required to determine the appropriate placement the defendant
shall remain in jail. If during the course of evaluating the
defendant for placement, the Department of Human Services
determines that the defendant is currently fit to stand trial,
it shall immediately notify the court and shall submit a
written report within 7 days. In that circumstance the
placement shall be held pending a court hearing on the
Department's report. Otherwise, upon completion of the
placement process, the sheriff shall be notified and shall
transport the defendant to the designated facility. If, within
20 days of the transmittal by the clerk of the circuit court of
the placement court order, the Department fails to notify the
sheriff of the identity of the facility to which the defendant
shall be transported, the sheriff shall contact a designated
person within the Department to inquire about when a placement
will become available at the designated facility and bed
availability at other facilities. If, within 20 days of the
transmittal by the clerk of the circuit court of the placement
court order, the Department fails to notify the sheriff of the
identity of the facility to which the defendant shall be
transported, the sheriff shall notify the Department of its
intent to transfer the defendant to the nearest secure mental
health facility operated by the Department and inquire as to
the status of the placement evaluation and availability for
admission to such facility operated by the Department by
contacting a designated person within the Department. The
Department shall respond to the sheriff within 2 business days
of the notice and inquiry by the sheriff seeking the transfer
and the Department shall provide the sheriff with the status of
the evaluation, information on bed and placement availability,
and an estimated date of admission for the defendant and any
changes to that estimated date of admission. If the Department
notifies the sheriff during the 2 business day period of a
facility operated by the Department with placement
availability, the sheriff shall promptly transport the
defendant to that facility. The placement may be ordered either
on an inpatient or an outpatient basis.
    (c) If the defendant's disability is physical, the court
may order him placed under the supervision of the Department of
Human Services which shall place and maintain the defendant in
a suitable treatment facility or program, or the court may
order him placed in an appropriate public or private facility
or treatment program which has agreed to provide treatment to
the defendant. The placement may be ordered either on an
inpatient or an outpatient basis.
    (d) The clerk of the circuit court shall within 5 days of
the entry of the order transmit to the Department, agency or
institution, if any, to which the defendant is remanded for
treatment, the following:
        (1) a certified copy of the order to undergo treatment.
    Accompanying the certified copy of the order to undergo
    treatment shall be the complete copy of any report prepared
    under Section 104-15 of this Code or other report prepared
    by a forensic examiner for the court;
        (2) the county and municipality in which the offense
    was committed;
        (3) the county and municipality in which the arrest
    took place;
        (4) a copy of the arrest report, criminal charges,
    arrest record; and
        (5) all additional matters which the Court directs the
    clerk to transmit.
    (e) Within 30 days of entry of an order to undergo
treatment, the person supervising the defendant's treatment
shall file with the court, the State, and the defense a report
assessing the facility's or program's capacity to provide
appropriate treatment for the defendant and indicating his
opinion as to the probability of the defendant's attaining
fitness within a period of time from the date of the finding of
unfitness. For a defendant charged with a felony, the period of
time shall be one year. For a defendant charged with a
misdemeanor, the period of time shall be no longer than the
sentence if convicted of the most serious offense. If the
report indicates that there is a substantial probability that
the defendant will attain fitness within the time period, the
treatment supervisor shall also file a treatment plan which
shall include:
        (1) A diagnosis of the defendant's disability;
        (2) A description of treatment goals with respect to
    rendering the defendant fit, a specification of the
    proposed treatment modalities, and an estimated timetable
    for attainment of the goals;
        (3) An identification of the person in charge of
    supervising the defendant's treatment.
(Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18.)
 
    (725 ILCS 5/106D-1)
    Sec. 106D-1. Defendant's appearance by closed circuit
television and video conference.
    (a) Whenever the appearance in person in court, in either a
civil or criminal proceeding, is required of anyone held in a
place of custody or confinement operated by the State or any of
its political subdivisions, including counties and
municipalities, the chief judge of the circuit by rule may
permit the personal appearance to be made by means of two-way
audio-visual communication, including closed circuit
television and computerized video conference, in the following
proceedings:
        (1) the initial appearance before a judge on a criminal
    complaint, at which the conditions of pretrial release bail
    will be set;
        (2) the waiver of a preliminary hearing;
        (3) the arraignment on an information or indictment at
    which a plea of not guilty will be entered;
        (4) the presentation of a jury waiver;
        (5) any status hearing;
        (6) any hearing conducted under the Sexually Violent
    Persons Commitment Act at which no witness testimony will
    be taken; and
        (7) at any hearing conducted under the Sexually Violent
    Persons Commitment Act at which no witness testimony will
    be taken.
    (b) The two-way audio-visual communication facilities must
provide two-way audio-visual communication between the court
and the place of custody or confinement, and must include a
secure line over which the person in custody and his or her
counsel, if any, may communicate.
    (c) Nothing in this Section shall be construed to prohibit
other court appearances through the use of two-way audio-visual
communication, upon waiver of any right the person in custody
or confinement may have to be present physically.
    (d) Nothing in this Section shall be construed to establish
a right of any person held in custody or confinement to appear
in court through two-way audio-visual communication or to
require that any governmental entity, or place of custody or
confinement, provide two-way audio-visual communication.
(Source: P.A. 95-263, eff. 8-17-07.)
 
    (725 ILCS 5/107-4)  (from Ch. 38, par. 107-4)
    Sec. 107-4. Arrest by peace officer from other
jurisdiction.
    (a) As used in this Section:
        (1) "State" means any State of the United States and
    the District of Columbia.
        (2) "Peace Officer" means any peace officer or member
    of any duly organized State, County, or Municipal peace
    unit, any police force of another State, the United States
    Department of Defense, or any police force whose members,
    by statute, are granted and authorized to exercise powers
    similar to those conferred upon any peace officer employed
    by a law enforcement agency of this State.
        (3) "Fresh pursuit" means the immediate pursuit of a
    person who is endeavoring to avoid arrest.
        (4) "Law enforcement agency" means a municipal police
    department or county sheriff's office of this State.
    (a-3) Any peace officer employed by a law enforcement
agency of this State may conduct temporary questioning pursuant
to Section 107-14 of this Code and may make arrests in any
jurisdiction within this State: (1) if the officer is engaged
in the investigation of criminal activity that occurred in the
officer's primary jurisdiction and the temporary questioning
or arrest relates to, arises from, or is conducted pursuant to
that investigation; or (2) if the officer, while on duty as a
peace officer, becomes personally aware of the immediate
commission of a felony or misdemeanor violation of the laws of
this State; or (3) if the officer, while on duty as a peace
officer, is requested by an appropriate State or local law
enforcement official to render aid or assistance to the
requesting law enforcement agency that is outside the officer's
primary jurisdiction; or (4) in accordance with Section
2605-580 of the Department of State Police Law of the Civil
Administrative Code of Illinois. While acting pursuant to this
subsection, an officer has the same authority as within his or
her own jurisdiction.
    (a-7) The law enforcement agency of the county or
municipality in which any arrest is made under this Section
shall be immediately notified of the arrest.
    (b) Any peace officer of another State who enters this
State in fresh pursuit and continues within this State in fresh
pursuit of a person in order to arrest him on the ground that
he has committed an offense in the other State has the same
authority to arrest and hold the person in custody as peace
officers of this State have to arrest and hold a person in
custody on the ground that he has committed an offense in this
State.
    (c) If an arrest is made in this State by a peace officer
of another State in accordance with the provisions of this
Section he shall without unnecessary delay take the person
arrested before the circuit court of the county in which the
arrest was made. Such court shall conduct a hearing for the
purpose of determining the lawfulness of the arrest. If the
court determines that the arrest was lawful it shall commit the
person arrested, to await for a reasonable time the issuance of
an extradition warrant by the Governor of this State, or admit
him to pretrial release bail for such purpose. If the court
determines that the arrest was unlawful it shall discharge the
person arrested.
(Source: P.A. 98-576, eff. 1-1-14.)
 
    (725 ILCS 5/107-9)  (from Ch. 38, par. 107-9)
    Sec. 107-9. Issuance of arrest warrant upon complaint.
    (a) When a complaint is presented to a court charging that
an offense has been committed it shall examine upon oath or
affirmation the complainant or any witnesses.
    (b) The complaint shall be in writing and shall:
        (1) State the name of the accused if known, and if not
    known the accused may be designated by any name or
    description by which he can be identified with reasonable
    certainty;
        (2) State the offense with which the accused is
    charged;
        (3) State the time and place of the offense as
    definitely as can be done by the complainant; and
        (4) Be subscribed and sworn to by the complainant.
    (b-5) If an arrest warrant is sought and the request is
made by electronic means that has a simultaneous video and
audio transmission between the requester and a judge, the judge
may issue an arrest warrant based upon a sworn complaint or
sworn testimony communicated in the transmission.
    (c) A warrant shall be issued by the court for the arrest
of the person complained against if it appears from the
contents of the complaint and the examination of the
complainant or other witnesses, if any, that the person against
whom the complaint was made has committed an offense.
    (d) The warrant of arrest shall:
        (1) Be in writing;
        (2) Specify the name, sex and birth date of the person
    to be arrested or if his name, sex or birth date is
    unknown, shall designate such person by any name or
    description by which he can be identified with reasonable
    certainty;
        (3) Set forth the nature of the offense;
        (4) State the date when issued and the municipality or
    county where issued;
        (5) Be signed by the judge of the court with the title
    of his office;
        (6) Command that the person against whom the complaint
    was made be arrested and brought before the court issuing
    the warrant or if he is absent or unable to act before the
    nearest or most accessible court in the same county;
        (7) Specify the conditions of pretrial release amount
    of bail; and
        (8) Specify any geographical limitation placed on the
    execution of the warrant, but such limitation shall not be
    expressed in mileage.
    (e) The warrant shall be directed to all peace officers in
the State. It shall be executed by the peace officer, or by a
private person specially named therein, at any location within
the geographic limitation for execution placed on the warrant.
If no geographic limitation is placed on the warrant, then it
may be executed anywhere in the State.
    (f) The arrest warrant may be issued electronically or
electromagnetically by use of electronic mail or a facsimile
transmission machine and any arrest warrant shall have the same
validity as a written warrant.
(Source: P.A. 101-239, eff. 1-1-20.)
 
    (725 ILCS 5/109-1)  (from Ch. 38, par. 109-1)
    Sec. 109-1. Person arrested; release from law enforcement
custody and court appearance; geographical constraints prevent
in-person appearances.
    (a) A person arrested with or without a warrant for an
offense for which pretrial release may be denied under
paragraphs (1) through (6) of Section 110-6.1 shall be taken
without unnecessary delay before the nearest and most
accessible judge in that county, except when such county is a
participant in a regional jail authority, in which event such
person may be taken to the nearest and most accessible judge,
irrespective of the county where such judge presides, and a
charge shall be filed. Whenever a person arrested either with
or without a warrant is required to be taken before a judge, a
charge may be filed against such person by way of a two-way
closed circuit television system, except that a hearing to deny
pretrial release bail to the defendant may not be conducted by
way of closed circuit television.
    (a-1) Law enforcement shall issue a citation in lieu of
custodial arrest, upon proper identification, for those
accused of traffic and Class B and C criminal misdemeanor
offenses, or of petty and business offenses, who pose no
obvious threat to the community or any person, or who have no
obvious medical or mental health issues that pose a risk to
their own safety. Those released on citation shall be scheduled
into court within 21 days.
    (a-3) A person arrested with or without a warrant for an
offense for which pretrial release may not be denied may,
except as otherwise provided in this Code, be released by the
officer without appearing before a judge. The releasing officer
shall issue the person a summons to appear within 21 days. A
presumption in favor of pretrial release shall by applied by an
arresting officer in the exercise of his or her discretion
under this Section.
    (a-5) A person charged with an offense shall be allowed
counsel at the hearing at which pretrial release bail is
determined under Article 110 of this Code. If the defendant