Bill Amendment: IL HB0163 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PRESCRIPTION MONITORING REPORT

Status: 2021-01-10 - Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins [HB0163 Detail]

Download: Illinois-2019-HB0163-Senate_Amendment_002.html

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Sen. Elgie R. Sims, Jr.

Filed: 1/5/2021

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AMENDMENT TO HOUSE BILL 163
AMENDMENT NO. ______. Amend House Bill 163 by replacing
everything after the enacting clause with the following:
"Article 1.
Deaths in Custody
Section 1-1. 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 1-5. 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

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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 Attorney General, 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, cause
and manner of death, race, age, and gender of the
decedent;
(B) the jurisdiction, the law enforcement agency
providing the investigation, and the local or State
facility where the death occurred;
(C) 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

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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 Attorney General 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 Attorney General may determine the manner in which
the form is transmitted from a law enforcement agency to the
Attorney General.
(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 Attorney General determines
is privileged or protected under Illinois or federal law.

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(h) The Attorney General shall make available to the public
information of all individual reports relating to deaths in
custody through the Attorney General's website to be updated on
a quarterly basis.
(i) The Attorney General shall issue a public annual report
tabulating and evaluating trends and information on deaths in
custody, including, but not limited to:
(1) information regarding cause and manner of death,
race, and the gender of the decedent;
(2) 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 Attorney
General'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 Attorney General's website:
(1) the number of deaths that occurred during the
preceding calendar year;

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(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.
(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

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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.
(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 Attorney General. A violation of this
Section is a petty offense, with fine not to exceed $500.
Article 3.
Statewide Use of Force Standardization
Section 3-1. 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 3-5. 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 4.
Prison Gerrymandering
Section 4-1. Short title. This Article may be cited as the
Prison Gerrymandering Act. References in this Article to "this
Act" mean this Article.

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Section 4-5. Prison gerrymandering.
(a) By April 1 in the year immediately following 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 of
Corrections shall deliver to the offices of Speaker of the
House of Representatives, President of the Senate, Minority
Leader of the House, and Minority Leader of the Senate
information regarding the last known place of residence prior
to incarceration of each inmate incarcerated in a state adult
correctional facility, except an inmate whose last known place
of residence is outside Illinois.
(b) In the year immediately following when 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 Secretary of State shall request
that each agency that operates a federal correctional facility
in this State that incarcerates persons convicted of a criminal
offense to provide the Secretary of State with a report that
includes the last known place of residence prior to
incarceration of each inmate, except an inmate whose last known
place of residence is outside Illinois. The Secretary of State
shall deliver such report to the offices of Speaker of the
House of Representatives, President of the Senate, Minority
Leader of the House, and Minority Leader of the Senate by April

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1 of the year immediately following the federal decennial
census.
(c) For purposes of reapportionment and redistricting, the
General Assembly shall count each incarcerated person as
residing at his or her last known place of residence, rather
than at the institution of his or her incarceration.
Article 5.
Police Integrity and Accountability
Section 5-1. Short title. This Article may be cited as the
Police Integrity and Accountability Act. References in this
Article to "this Act" mean this Article.
Section 5-5. Right of action.
(a) A peace officer, as defined in Section 2-13 of the
Criminal Code of 2012, who subjects or causes to be subjected,
including by failing to intervene, any other person to the
deprivation of any individual rights arising under the Illinois
Constitution, is liable to the injured party for legal or
equitable relief or any other appropriate relief.
(b) Sovereign immunities and statutory immunities and
statutory limitations on liability, damages, or attorney's
fees do not apply to claims brought under this Section. The
Local Governmental and Governmental Employees Tort Immunity
Act does not apply to claims brought under this Section.

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(c) Qualified immunity is not a defense to liability under
this Section.
(d) In any action brought under this Section, a court shall
award reasonable attorney's fees and costs to the plaintiff,
including expert witness fees and other litigation expenses, if
they are a prevailing party as defined in subsection (d) of
Section 5 of the Illinois Civil Rights Act of 2003. In actions
for injunctive relief, a court shall deem a plaintiff to have
prevailed if the plaintiff's suit was a substantial factor or
significant catalyst in obtaining the results sought by the
litigation. When a judgment is entered in favor of a defendant,
the court may award reasonable costs and attorney's fees to the
defendant for defending claims the court finds frivolous.
(e) A civil action under this Section must be commenced
within 5 years after the cause of action accrues.
Section 5-10. Reporting of judgments and settlements.
(a) Any unit of local government that employs a peace
officer who incurs liability under this Act, whether in the
form of judgment or settlement entered against the peace
officer for claims arising under this Act, shall publicly
disclose:
(1) the name of any peace officer or officers whose
actions or conduct led to the judgment or settlement;
(2) the amount of the judgment or settlement, and the
portion of that judgment or settlement, if any, indemnified

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by the unit of local government;
(3) any internal discipline taken against the peace
officer or officers whose actions or conduct led to the
judgment or settlement; and
(4) any criminal charges pursued against the peace
officer or officers for the actions or conduct that led to
the judgment or settlement.
(b) The unit of local government shall not disclose the
address, social security number, or other unique, non-public
personal identifying information of any individual who brings a
claim under this Act.
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:

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(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).

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(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.)

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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

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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

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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 Sections 4, 8, 14 and 20 as follows:
(5 ILCS 315/4) (from Ch. 48, par. 1604)
(Text of Section WITH the changes made by P.A. 98-599,
which has been held unconstitutional)
Sec. 4. Management Rights. Employers shall not be required
to bargain over matters of inherent managerial policy, which
shall include such areas of discretion or policy as the

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functions of the employer, standards of services, its overall
budget, the organizational structure and selection of new
employees, examination techniques and direction of employees.
Employers, however, shall be required to bargain collectively
with regard to policy matters directly affecting wages, hours
and terms and conditions of employment as well as the impact
thereon upon request by employee representatives, except as
provided in Section 7.5.
To preserve the rights of employers and exclusive
representatives which have established collective bargaining
relationships or negotiated collective bargaining agreements
prior to the effective date of this Act, employers shall be
required to bargain collectively with regard to any matter
concerning wages, hours or conditions of employment about which
they have bargained for and agreed to in a collective
bargaining agreement prior to the effective date of this Act,
except as provided in Section 7.5.
The chief judge of the judicial circuit that employs a
public employee who is a court reporter, as defined in the
Court Reporters Act, has the authority to hire, appoint,
promote, evaluate, discipline, and discharge court reporters
within that judicial circuit.
Nothing in this amendatory Act of the 94th General Assembly
shall be construed to intrude upon the judicial functions of
any court. This amendatory Act of the 94th General Assembly
applies only to nonjudicial administrative matters relating to

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the collective bargaining rights of court reporters.
(Source: P.A. 98-599, eff. 6-1-14.)
(Text of Section WITHOUT the changes made by P.A. 98-599,
which has been held unconstitutional)
Sec. 4. Management Rights. Employers shall not be required
to bargain over matters of inherent managerial policy, which
shall include such areas of discretion or policy as the
functions of the employer, standards of services, its overall
budget, the organizational structure and selection of new
employees, examination techniques, and direction of employees,
and the discipline or discharge of peace officers. Employers,
however, shall be required to bargain collectively with regard
to policy matters directly affecting wages, hours and terms and
conditions of employment as well as the impact thereon upon
request by employee representatives. Notwithstanding any
provision of this Act, employers shall not be required to
bargain over matters relating to the discipline or discharge of
peace officers. Provisions in existing collective bargaining
agreements that address the discipline or discharge of peace
officers shall lapse by operation of law on the renewal or
extension of existing collective bargaining agreements by
whatever means, or the approval of a collective bargaining
agreement by the corporate authorities of the employer after
the effective date of this Act, without imposing a duty to
bargain on employers.

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To preserve the rights of employers and exclusive
representatives which have established collective bargaining
relationships or negotiated collective bargaining agreements
prior to the effective date of this Act, employers shall be
required to bargain collectively with regard to any matter
concerning wages, hours or conditions of employment about which
they have bargained for and agreed to in a collective
bargaining agreement prior to the effective date of this Act.
The chief judge of the judicial circuit that employs a
public employee who is a court reporter, as defined in the
Court Reporters Act, has the authority to hire, appoint,
promote, evaluate, discipline, and discharge court reporters
within that judicial circuit.
Nothing in this amendatory Act of the 94th General Assembly
shall be construed to intrude upon the judicial functions of
any court. This amendatory Act of the 94th General Assembly
applies only to nonjudicial administrative matters relating to
the collective bargaining rights of court reporters.
(Source: P.A. 94-98, eff. 7-1-05.)
(5 ILCS 315/8) (from Ch. 48, par. 1608)
Sec. 8. Grievance Procedure. The collective bargaining
agreement negotiated between the employer and the exclusive
representative shall contain a grievance resolution procedure
which shall apply to all employees in the bargaining unit,
except as to disputes regarding the discipline or discharge of

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peace officers, and shall provide for final and binding
arbitration of disputes concerning the administration or
interpretation of the agreement unless mutually agreed
otherwise. Any agreement containing a final and binding
arbitration provision shall also contain a provision
prohibiting strikes for the duration of the agreement. The
grievance and arbitration provisions of any collective
bargaining agreement shall be subject to the Illinois "Uniform
Arbitration Act". The costs of such arbitration shall be borne
equally by the employer and the employee organization.
(Source: P.A. 83-1012.)
(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

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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

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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

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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,

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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

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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

10100HB0163sam002 - 25 - LRB101 04752 RLC 74552 a
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.

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(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

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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; and vii) the discipline or
discharge of peace officers; 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.

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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.

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(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

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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

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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.)
(5 ILCS 315/20) (from Ch. 48, par. 1620)
Sec. 20. Prohibitions.

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(a) Nothing in this Act shall be construed to require an
individual employee to render labor or service without his
consent, nor shall anything in this Act be construed to make
the quitting of his labor by an individual employee an illegal
act; nor shall any court issue any process to compel the
performance by an individual employee of such labor or service,
without his consent; nor shall the quitting of labor by an
employee or employees in good faith because of abnormally
dangerous conditions for work at the place of employment of
such employee be deemed a strike under this Act.
(b) This Act shall not be applicable to units of local
government employing less than 5 employees at the time the
Petition for Certification or Representation is filed with the
Board. This prohibition shall not apply to bargaining units in
existence on the effective date of this Act and units of local
government employing more than 5 employees where the total
number of employees falls below 5 after the Board has certified
a bargaining unit.
(c) On or after the effective date of this amendatory Act
of the 101st General Assembly, no collective bargaining
agreement applicable to peace officers, including, but not
limited to, the Illinois State Police, shall be entered into
containing any provision that does not pertain directly to
wages or benefits, or both, including any provision pertaining
to discipline.
(Source: P.A. 93-442, eff. 1-1-04; 93-1080, eff. 6-1-05; 94-67,

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eff. 1-1-06.)
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

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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

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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

10100HB0163sam002 - 36 - LRB101 04752 RLC 74552 a
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

10100HB0163sam002 - 37 - LRB101 04752 RLC 74552 a
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.

10100HB0163sam002 - 38 - LRB101 04752 RLC 74552 a
(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

10100HB0163sam002 - 39 - LRB101 04752 RLC 74552 a
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,

10100HB0163sam002 - 40 - LRB101 04752 RLC 74552 a
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.

10100HB0163sam002 - 41 - LRB101 04752 RLC 74552 a
(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

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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

10100HB0163sam002 - 43 - LRB101 04752 RLC 74552 a
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:

10100HB0163sam002 - 44 - LRB101 04752 RLC 74552 a
(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
the Police Training Act, 50 ILCS 705/2.
(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

10100HB0163sam002 - 45 - LRB101 04752 RLC 74552 a
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 nowledge 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

10100HB0163sam002 - 46 - LRB101 04752 RLC 74552 a
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,

10100HB0163sam002 - 47 - LRB101 04752 RLC 74552 a
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 10-117. The Illinois Identification Card Act is
amended by changing Section 4 as follows:
(15 ILCS 335/4) (from Ch. 124, par. 24)
Sec. 4. Identification card.
(a) The Secretary of State shall issue a standard Illinois
Identification Card to any natural person who is a resident of
the State of Illinois who applies for such card, or renewal
thereof. No identification card shall be issued to any person
who holds a valid foreign state identification card, license,
or permit unless the person first surrenders to the Secretary
of State the valid foreign state identification card, license,
or permit. The card shall be prepared and supplied by the
Secretary of State and shall include a photograph and signature
or mark of the applicant. However, the Secretary of State may
provide by rule for the issuance of Illinois Identification
Cards without photographs if the applicant has a bona fide
religious objection to being photographed or to the display of

10100HB0163sam002 - 48 - LRB101 04752 RLC 74552 a
his or her photograph. The Illinois Identification Card may be
used for identification purposes in any lawful situation only
by the person to whom it was issued. As used in this Act,
"photograph" means any color photograph or digitally produced
and captured image of an applicant for an identification card.
As used in this Act, "signature" means the name of a person as
written by that person and captured in a manner acceptable to
the Secretary of State.
(a-5) If an applicant for an identification card has a
current driver's license or instruction permit issued by the
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(a-10) If the applicant is a judicial officer as defined in
Section 1-10 of the Judicial Privacy Act or a peace officer,
the applicant may elect to have his or her office or work
address listed on the card instead of the applicant's residence
or mailing address. The Secretary may promulgate rules to
implement this provision. For the purposes of this subsection
(a-10), "peace officer" means any person who by virtue of his
or her office or public employment is vested by law with a duty
to maintain public order or to make arrests for a violation of
any penal statute of this State, whether that duty extends to
all violations or is limited to specific violations.

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(a-15) The Secretary of State may provide for an expedited
process for the issuance of an Illinois Identification Card.
The Secretary shall charge an additional fee for the expedited
issuance of an Illinois Identification Card, to be set by rule,
not to exceed $75. All fees collected by the Secretary for
expedited Illinois Identification Card service shall be
deposited into the Secretary of State Special Services Fund.
The Secretary may adopt rules regarding the eligibility,
process, and fee for an expedited Illinois Identification Card.
If the Secretary of State determines that the volume of
expedited identification card requests received on a given day
exceeds the ability of the Secretary to process those requests
in an expedited manner, the Secretary may decline to provide
expedited services, and the additional fee for the expedited
service shall be refunded to the applicant.
(a-20) The Secretary of State shall issue a standard
Illinois Identification Card to a committed person upon release
on parole, mandatory supervised release, aftercare release,
final discharge, or pardon from the Department of Corrections
or Department of Juvenile Justice, if the released person
presents a certified copy of his or her birth certificate,
social security card or other documents authorized by the
Secretary, and 2 documents proving his or her Illinois
residence address. Documents proving residence address may
include any official document of the Department of Corrections
or the Department of Juvenile Justice showing the released

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person's address after release and a Secretary of State
prescribed certificate of residency form, which may be executed
by Department of Corrections or Department of Juvenile Justice
personnel.
(a-25) The Secretary of State shall issue a limited-term
Illinois Identification Card valid for 90 days to a committed
person upon release on parole, mandatory supervised release,
aftercare release, final discharge, or pardon from the
Department of Corrections or Department of Juvenile Justice, if
the released person is unable to present a certified copy of
his or her birth certificate and social security card or other
documents authorized by the Secretary, but does present a
Secretary of State prescribed verification form completed by
the Department of Corrections or Department of Juvenile
Justice, verifying the released person's date of birth and
social security number and 2 documents proving his or her
Illinois residence address. The verification form must have
been completed no more than 30 days prior to the date of
application for the Illinois Identification Card. Documents
proving residence address shall include any official document
of the Department of Corrections or the Department of Juvenile
Justice showing the person's address after release and a
Secretary of State prescribed certificate of residency, which
may be executed by Department of Corrections or Department of
Juvenile Justice personnel.
Prior to the expiration of the 90-day period of the

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limited-term Illinois Identification Card, if the released
person submits to the Secretary of State a certified copy of
his or her birth certificate and his or her social security
card or other documents authorized by the Secretary, a standard
Illinois Identification Card shall be issued. A limited-term
Illinois Identification Card may not be renewed.
(a-26) The Secretary of State shall track and issue an
annual report to the General Assembly detailing the number of
permanent Illinois Identification Cards issued by the
Secretary of State to persons presenting verification forms
issued by the Department of Juvenile Justice and Department of
Corrections. The report shall include comparable data from the
previous calendar year and shall reflect any increases or
decreases. The Secretary of State shall publish the report on
the Secretary of State's website.
(a-30) The Secretary of State shall issue a standard
Illinois Identification Card to a person upon conditional
release or absolute discharge from the custody of the
Department of Human Services, if the person presents a
certified copy of his or her birth certificate, social security
card, or other documents authorized by the Secretary, and a
document proving his or her Illinois residence address. The
Secretary of State shall issue a standard Illinois
Identification Card to a person no sooner than 14 days prior to
his or her conditional release or absolute discharge if
personnel from the Department of Human Services bring the

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person to a Secretary of State location with the required
documents. Documents proving residence address may include any
official document of the Department of Human Services showing
the person's address after release and a Secretary of State
prescribed verification form, which may be executed by
personnel of the Department of Human Services.
(a-35) The Secretary of State shall issue a limited-term
Illinois Identification Card valid for 90 days to a person upon
conditional release or absolute discharge from the custody of
the Department of Human Services, if the person is unable to
present a certified copy of his or her birth certificate and
social security card or other documents authorized by the
Secretary, but does present a Secretary of State prescribed
verification form completed by the Department of Human
Services, verifying the person's date of birth and social
security number, and a document proving his or her Illinois
residence address. The verification form must have been
completed no more than 30 days prior to the date of application
for the Illinois Identification Card. The Secretary of State
shall issue a limited-term Illinois Identification Card to a
person no sooner than 14 days prior to his or her conditional
release or absolute discharge if personnel from the Department
of Human Services bring the person to a Secretary of State
location with the required documents. Documents proving
residence address shall include any official document of the
Department of Human Services showing the person's address after

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release and a Secretary of State prescribed verification form,
which may be executed by personnel of the Department of Human
Services.
(b) The Secretary of State shall issue a special Illinois
Identification Card, which shall be known as an Illinois Person
with a Disability Identification Card, to any natural person
who is a resident of the State of Illinois, who is a person
with a disability as defined in Section 4A of this Act, who
applies for such card, or renewal thereof. No Illinois Person
with a Disability Identification Card shall be issued to any
person who holds a valid foreign state identification card,
license, or permit unless the person first surrenders to the
Secretary of State the valid foreign state identification card,
license, or permit. The Secretary of State shall charge no fee
to issue such card. The card shall be prepared and supplied by
the Secretary of State, and shall include a photograph and
signature or mark of the applicant, a designation indicating
that the card is an Illinois Person with a Disability
Identification Card, and shall include a comprehensible
designation of the type and classification of the applicant's
disability as set out in Section 4A of this Act. However, the
Secretary of State may provide by rule for the issuance of
Illinois Person with a Disability Identification Cards without
photographs if the applicant has a bona fide religious
objection to being photographed or to the display of his or her
photograph. If the applicant so requests, the card shall

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include a description of the applicant's disability and any
information about the applicant's disability or medical
history which the Secretary determines would be helpful to the
applicant in securing emergency medical care. If a mark is used
in lieu of a signature, such mark shall be affixed to the card
in the presence of two witnesses who attest to the authenticity
of the mark. The Illinois Person with a Disability
Identification Card may be used for identification purposes in
any lawful situation by the person to whom it was issued.
The Illinois Person with a Disability Identification Card
may be used as adequate documentation of disability in lieu of
a physician's determination of disability, a determination of
disability from a physician assistant, a determination of
disability from an advanced practice registered nurse, or any
other documentation of disability whenever any State law
requires that a person with a disability provide such
documentation of disability, however an Illinois Person with a
Disability Identification Card shall not qualify the
cardholder to participate in any program or to receive any
benefit which is not available to all persons with like
disabilities. Notwithstanding any other provisions of law, an
Illinois Person with a Disability Identification Card, or
evidence that the Secretary of State has issued an Illinois
Person with a Disability Identification Card, shall not be used
by any person other than the person named on such card to prove
that the person named on such card is a person with a

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disability or for any other purpose unless the card is used for
the benefit of the person named on such card, and the person
named on such card consents to such use at the time the card is
so used.
An optometrist's determination of a visual disability
under Section 4A of this Act is acceptable as documentation for
the purpose of issuing an Illinois Person with a Disability
Identification Card.
When medical information is contained on an Illinois Person
with a Disability Identification Card, the Office of the
Secretary of State shall not be liable for any actions taken
based upon that medical information.
(c) The Secretary of State shall provide that each original
or renewal Illinois Identification Card or Illinois Person with
a Disability Identification Card issued to a person under the
age of 21 shall be of a distinct nature from those Illinois
Identification Cards or Illinois Person with a Disability
Identification Cards issued to individuals 21 years of age or
older. The color designated for Illinois Identification Cards
or Illinois Person with a Disability Identification Cards for
persons under the age of 21 shall be at the discretion of the
Secretary of State.
(c-1) Each original or renewal Illinois Identification
Card or Illinois Person with a Disability Identification Card
issued to a person under the age of 21 shall display the date
upon which the person becomes 18 years of age and the date upon

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which the person becomes 21 years of age.
(c-3) The General Assembly recognizes the need to identify
military veterans living in this State for the purpose of
ensuring that they receive all of the services and benefits to
which they are legally entitled, including healthcare,
education assistance, and job placement. To assist the State in
identifying these veterans and delivering these vital services
and benefits, the Secretary of State is authorized to issue
Illinois Identification Cards and Illinois Person with a
Disability Identification Cards with the word "veteran"
appearing on the face of the cards. This authorization is
predicated on the unique status of veterans. The Secretary may
not issue any other identification card which identifies an
occupation, status, affiliation, hobby, or other unique
characteristics of the identification card holder which is
unrelated to the purpose of the identification card.
(c-5) Beginning on or before July 1, 2015, the Secretary of
State shall designate a space on each original or renewal
identification card where, at the request of the applicant, the
word "veteran" shall be placed. The veteran designation shall
be available to a person identified as a veteran under
subsection (b) of Section 5 of this Act who was discharged or
separated under honorable conditions.
(d) The Secretary of State may issue a Senior Citizen
discount card, to any natural person who is a resident of the
State of Illinois who is 60 years of age or older and who

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applies for such a card or renewal thereof. The Secretary of
State shall charge no fee to issue such card. The card shall be
issued in every county and applications shall be made available
at, but not limited to, nutrition sites, senior citizen centers
and Area Agencies on Aging. The applicant, upon receipt of such
card and prior to its use for any purpose, shall have affixed
thereon in the space provided therefor his signature or mark.
(e) The Secretary of State, in his or her discretion, may
designate on each Illinois Identification Card or Illinois
Person with a Disability Identification Card a space where the
card holder may place a sticker or decal, issued by the
Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the
card holder has renewed his or her Illinois Identification Card
or Illinois Person with a Disability Identification Card.
(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
99-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. 7-1-17;
100-513, eff. 1-1-18; 100-717, eff. 7-1-19.)
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

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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

10100HB0163sam002 - 59 - LRB101 04752 RLC 74552 a
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 17b 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

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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

10100HB0163sam002 - 61 - LRB101 04752 RLC 74552 a
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

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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

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Rights Violation Act, enacted by the 85th General Assembly.
(Source: P.A. 96-891, eff. 5-10-10.)
(20 ILCS 2610/17b new)
Sec. 17b. 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.
"Camouflage uniform" does not include a woodland or desert
pattern or solid color uniform.
"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.

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(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;
(6) bayonets;
(7) camouflage uniforms;
(8) fully automatic weapons;
(9) silencers;
(10) drones that include military grade surveillance
hardware or software; or
(11) chemical incapacitants, including tear gas, or
other chemical agents.
(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)

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Sec. 7.7. Pretrial data collection.
(a) The Executive Director of the Illinois Criminal Justice
Information Authority 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, crime victims' advocates, and other
entities that possess a knowledge of pretrial practices and
data collection issues. Members of the Board shall serve
without compensation.
(b) The Oversight Board shall:
(1) identify existing data collection processes in
various circuit clerk's offices;
(2) gather and maintain records of all available
pretrial data relating to the topics listed in subsection
(c) from circuit clerks' offices;
(3) identify resources necessary to systematically
collect and report data related to the topics listed in
subsections (c) from circuit clerks' offices that are
currently not collecting that data;
(4) report to the Governor and General Assembly
annually on the state of pretrial data collection on the
topics listed in subsection (c); and
(5) develop a plan to implement data collection

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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 Oversight
Board's government website.
(c) The Pretrial Practices Data Oversight Board shall
develop a strategy to collect quarterly, circuit-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 circuit 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

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demographics of the pretrial jail population, including
race, sex, age, and ethnicity, the charges on which
pretrial defendants are detained, the average length of
stay of pretrial defendants; and
(4) information regarding persons placed on electronic
monitoring programs pretrial, including, but not limited
to, the number of participants, the demographics
participant population, including race, sex, 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
a 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

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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 and did not have a warrant
issued for their arrest, 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) Instances of Violations of any Protective Order
while a defendant is released pretrial, instances of
repeated prohibited victim contact during the pretrial
release, filing of new protective orders during the
pendency of a case, and any other relevant issues related
to protective orders;
(9) what, if any, validated risk assessment tools are
in use in each jurisdiction, and comparisons of the
pretrial release and pretrial detention decisions of
judges and the risk assessment scores of individuals; and
(10) any other information the Pretrial Practices Data
Oversight Board considers important and probative of the
effectiveness of pretrial practices in the State of
Illinois.
(20 ILCS 3930/7.8 new)

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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:

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(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

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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

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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

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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"

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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 and by adding Section 25 as follows:
(50 ILCS 205/3b)
Sec. 3b. Arrest records and reports.

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(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

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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.)
(50 ILCS 205/25 new)

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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

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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.

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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.

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(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, 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,

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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

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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

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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.

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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;

10100HB0163sam002 - 85 - LRB101 04752 RLC 74552 a
(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

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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 2 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,
advanced first-aid 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.)

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(50 ILCS 705/10.6 new)
Sec. 10.6. Mandatory training to be completed every 2
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 2
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

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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
for law enforcement recruits 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.

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(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.

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(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 with populations of 500,000 or
more, body cameras shall be implemented by January 1, 2022;
(2) for municipalities with populations of 100,000 or
more but under 500,000, body cameras shall be implemented
by January 1, 2023;
(3) for municipalities with populations of 50,000 or
more but under 100,000, body cameras shall be implemented
by January 1, 2024; and
(4) for municipalities under 50,000, body cameras
shall be implemented by January 1, 2025.
(c) Any municipality or county which oversees a law
enforcement agency which fails to comply with this Section
shall be subject to a reduction in LGDF funding at a rate of
20% per year until the requirements of this Section are met.
(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

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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

10100HB0163sam002 - 92 - LRB101 04752 RLC 74552 a
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

10100HB0163sam002 - 93 - LRB101 04752 RLC 74552 a
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

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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,

10100HB0163sam002 - 95 - LRB101 04752 RLC 74552 a
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;

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(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

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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

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(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.)

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(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

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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)

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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,

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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

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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. Any municipality or county which
oversees a law enforcement agency which fails to comply with
this Act shall be subject to a reduction in LGDF funding at a
rate of 20% per year until the requirements of this Section are
met.
(Source: P.A. 99-352, eff. 1-1-16.)

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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.)

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(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.)
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)

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Sec. 1-35. Anonymous complaint policy.
(a) Each law enforcement agency shall adopt a written
policy outlining the process for the handling of anonymous
complaints. The written policy shall include, at a minimum, the
following:
(1) the location where anonymous complaints can be
submitted;
(2) the officer or department which will review and
investigate the complaints;
(3) the process by which a person can determine the
current status of the complaint;
(4) each complaint shall be reviewed and investigated
by the highest ranking law enforcement officer of the
agency, or his or her designee; and
(5) within 30 days of receipt, each complaint shall be
reviewed and a determination shall be made on whether to
forward the complaint on for internal investigation, to the
Illinois Law Enforcement Training Standards Board, local
State's Attorney, Attorney General's Office or other
overseeing entity.
(b) The policy required by this Section shall be made
publicly accessible on the law enforcement agency's website. If
no such website exists, the policy shall be posted in a highly
conspicuous, visible location in the each law enforcement
agency office.

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Section 10-160. The Counties Code is amended by changing
Sections 3-9008, 4-5001, 4-12001, and 4-12001.1 and 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.
"Camouflage uniform" does not include a woodland or desert
pattern or solid color uniform.
"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

10100HB0163sam002 - 108 - LRB101 04752 RLC 74552 a
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;
(6) bayonets; or
(7) camouflage uniforms.
(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.
(55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)
Sec. 3-9008. Appointment of attorney to perform duties.
(a) (Blank).
(a-5) The court on its own motion, or an interested person

10100HB0163sam002 - 109 - LRB101 04752 RLC 74552 a
in a cause or proceeding, civil or criminal, may file a
petition alleging that the State's Attorney is sick, absent, or
unable to fulfill his or her duties. The court shall consider
the petition, any documents filed in response, and if
necessary, grant a hearing to determine whether the State's
Attorney is sick, absent, or otherwise unable to fulfill his or
her duties. If the court finds that the State's Attorney is
sick, absent, or otherwise unable to fulfill his or her duties,
the court may appoint some competent attorney to prosecute or
defend the cause or proceeding.
(a-10) The court on its own motion, or an interested person
in a cause or proceeding, civil or criminal, may file a
petition alleging that the State's Attorney has an actual
conflict of interest in the cause or proceeding. The court
shall consider the petition, any documents filed in response,
and if necessary, grant a hearing to determine whether the
State's Attorney has an actual conflict of interest in the
cause or proceeding. If the court finds that the petitioner has
proven by sufficient facts and evidence that the State's
Attorney has an actual conflict of interest in a specific case,
the court may appoint some competent attorney to prosecute or
defend the cause or proceeding.
(a-15) Notwithstanding subsections (a-5) and (a-10) of
this Section, the State's Attorney may file a petition to
recuse himself or herself from a cause or proceeding for any
other reason he or she deems appropriate and the court shall

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appoint a special prosecutor as provided in this Section.
(a-17) In a county exceeding a population of 3,000,000, if
the court determines that the appointment of a special
prosecutor is required under subsection (a-10) or (a-15), the
court shall request the Office of the State's Attorneys
Appellate Prosecutor to serve as the special prosecutor if the
cause or proceeding is an officer-involved death, as that term
is defined in Section 1-5 of the Police and Community Relations
Improvement Act. If the Office of the State's Attorneys
Appellate Prosecutor accepts the request, the Office of the
State's Attorneys Appellate Prosecutor shall be appointed by
the court and shall have the same power and authority in
relation to the cause or proceeding as the State's Attorney
would have had if present and attending to the cause or
proceedings.
(a-20) Except as provided in subsection (a-17), prior Prior
to appointing a private attorney under this Section, the court
shall contact public agencies, including, but not limited to,
the Office of Attorney General, Office of the State's Attorneys
Appellate Prosecutor, or local State's Attorney's Offices
throughout the State, to determine a public prosecutor's
availability to serve as a special prosecutor at no cost to the
county and shall appoint a public agency if they are able and
willing to accept the appointment. An attorney so appointed
shall have the same power and authority in relation to the
cause or proceeding as the State's Attorney would have if

10100HB0163sam002 - 111 - LRB101 04752 RLC 74552 a
present and attending to the cause or proceedings.
(b) In case of a vacancy of more than one year occurring in
any county in the office of State's attorney, by death,
resignation or otherwise, and it becomes necessary for the
transaction of the public business, that some competent
attorney act as State's attorney in and for such county during
the period between the time of the occurrence of such vacancy
and the election and qualification of a State's attorney, as
provided by law, the vacancy shall be filled upon the written
request of a majority of the circuit judges of the circuit in
which is located the county where such vacancy exists, by
appointment as provided in The Election Code of some competent
attorney to perform and discharge all the duties of a State's
attorney in the said county, such appointment and all authority
thereunder to cease upon the election and qualification of a
State's attorney, as provided by law. Any attorney appointed
for any reason under this Section shall possess all the powers
and discharge all the duties of a regularly elected State's
attorney under the laws of the State to the extent necessary to
fulfill the purpose of such appointment, and shall be paid by
the county he serves not to exceed in any one period of 12
months, for the reasonable amount of time actually expended in
carrying out the purpose of such appointment, the same
compensation as provided by law for the State's attorney of the
county, apportioned, in the case of lesser amounts of
compensation, as to the time of service reasonably and actually

10100HB0163sam002 - 112 - LRB101 04752 RLC 74552 a
expended. The county shall participate in all agreements on the
rate of compensation of a special prosecutor.
(c) An order granting authority to a special prosecutor
must be construed strictly and narrowly by the court. The power
and authority of a special prosecutor shall not be expanded
without prior notice to the county. In the case of the proposed
expansion of a special prosecutor's power and authority, a
county may provide the court with information on the financial
impact of an expansion on the county. Prior to the signing of
an order requiring a county to pay for attorney's fees or
litigation expenses, the county shall be provided with a
detailed copy of the invoice describing the fees, and the
invoice shall include all activities performed in relation to
the case and the amount of time spent on each activity.
(Source: P.A. 99-352, eff. 1-1-16.)
(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

10100HB0163sam002 - 113 - LRB101 04752 RLC 74552 a
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

10100HB0163sam002 - 114 - LRB101 04752 RLC 74552 a
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.

10100HB0163sam002 - 115 - LRB101 04752 RLC 74552 a
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

10100HB0163sam002 - 116 - LRB101 04752 RLC 74552 a
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

10100HB0163sam002 - 117 - LRB101 04752 RLC 74552 a
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

10100HB0163sam002 - 118 - LRB101 04752 RLC 74552 a
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,

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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

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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.

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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,

10100HB0163sam002 - 122 - LRB101 04752 RLC 74552 a
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

10100HB0163sam002 - 123 - LRB101 04752 RLC 74552 a
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

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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

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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.

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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

10100HB0163sam002 - 127 - LRB101 04752 RLC 74552 a
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 10-165. The Illinois Municipal Code is amended by

10100HB0163sam002 - 128 - LRB101 04752 RLC 74552 a
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.
"Camouflage uniform" does not include woodland or desert
patterns or solid color uniforms.
"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.

10100HB0163sam002 - 129 - LRB101 04752 RLC 74552 a
(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;
(6) bayonets; or
(7) camouflage uniforms.
(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 property 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.

10100HB0163sam002 - 130 - LRB101 04752 RLC 74552 a
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

10100HB0163sam002 - 131 - LRB101 04752 RLC 74552 a
(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.

10100HB0163sam002 - 132 - LRB101 04752 RLC 74552 a
(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

10100HB0163sam002 - 133 - LRB101 04752 RLC 74552 a
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,

10100HB0163sam002 - 134 - LRB101 04752 RLC 74552 a
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.

10100HB0163sam002 - 135 - LRB101 04752 RLC 74552 a
(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

10100HB0163sam002 - 136 - LRB101 04752 RLC 74552 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,

10100HB0163sam002 - 137 - LRB101 04752 RLC 74552 a
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:

10100HB0163sam002 - 138 - LRB101 04752 RLC 74552 a
(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

10100HB0163sam002 - 139 - LRB101 04752 RLC 74552 a
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,

10100HB0163sam002 - 140 - LRB101 04752 RLC 74552 a
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

10100HB0163sam002 - 141 - LRB101 04752 RLC 74552 a
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.

10100HB0163sam002 - 142 - LRB101 04752 RLC 74552 a
(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

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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

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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

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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

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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),

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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.

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(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

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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:

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(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

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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

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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

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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

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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

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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, 6-209.1, 6-308, 6-500, 6-601,
11-208.3, 11-208.6, 11-208.8, 11-208.9, 11-1201.1, 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.

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(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),

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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

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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

10100HB0163sam002 - 159 - LRB101 04752 RLC 74552 a
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

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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,

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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

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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,

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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

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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)
(Text of Section before amendment by P.A. 101-90, 101-470,
and 101-623)
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

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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

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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,

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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 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. Has, since issuance of a driver's license or
permit, been adjudged to be afflicted with or suffering
from any mental disability or disease;
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

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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. Has violated Section 6-16 of the Liquor Control Act

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of 1934;
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

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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

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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;
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

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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, 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 Section 11-502.1 of
this Code; or

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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.
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.

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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.

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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

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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

10100HB0163sam002 - 177 - LRB101 04752 RLC 74552 a
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

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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

10100HB0163sam002 - 179 - LRB101 04752 RLC 74552 a
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

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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.

10100HB0163sam002 - 181 - LRB101 04752 RLC 74552 a
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

10100HB0163sam002 - 182 - LRB101 04752 RLC 74552 a
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. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16;
99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff. 7-22-16;
99-642, eff. 7-28-16; 100-803, eff. 1-1-19.)
(Text of Section after amendment by P.A. 101-90, 101-470,
and 101-623)
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

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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

10100HB0163sam002 - 184 - LRB101 04752 RLC 74552 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

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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

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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;

10100HB0163sam002 - 187 - LRB101 04752 RLC 74552 a
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

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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

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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;

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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:

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(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,

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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 1-21-20.)
(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

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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

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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 5/6-308)
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

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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

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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

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(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),

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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,

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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

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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
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).

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(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

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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.

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(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.

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(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

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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

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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).

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(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

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(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

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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

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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

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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

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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 5/11-208.3) (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

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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

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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

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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

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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

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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

10100HB0163sam002 - 227 - LRB101 04752 RLC 74552 a
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

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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

10100HB0163sam002 - 229 - LRB101 04752 RLC 74552 a
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

10100HB0163sam002 - 230 - LRB101 04752 RLC 74552 a
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.

10100HB0163sam002 - 231 - LRB101 04752 RLC 74552 a
(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

10100HB0163sam002 - 232 - LRB101 04752 RLC 74552 a
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