Bill Amendment: IL SB1968 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CD CORR-CONFINEMENT-CLASS 3&4

Status: 2021-01-13 - Session Sine Die [SB1968 Detail]

Download: Illinois-2019-SB1968-House_Amendment_001.html

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Rep. Justin Slaughter

Filed: 1/13/2021

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AMENDMENT TO SENATE BILL 1968
AMENDMENT NO. ______. Amend Senate Bill 1968 by replacing
everything after the enacting clause with the following:
"Article 1.
Statewide Use of Force Standardization
Section 1-1. Short title. This Article may be cited as the
Statewide Use of Force Standardization Act. References in this
Article to "this Act" mean this Article.
Section 1-5. Statement of purpose. It is the intent of the
General Assembly to establish statewide use of force standards
for law enforcement agencies effective January 1, 2022.
Article 2.
No Representation Without Population Act

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Section 2-1. Short title. This Act may be cited as the No
Representation Without Population Act. References in this
Article to "this Act" mean this Article.
Section 2-3. Definition. As used in this Act, "Department"
means the Department of Corrections.
Section 2-5. Electronic records. The Department shall
collect and maintain an electronic record of the legal
residence, outside of any correctional facility, and other
demographic data for each person in custody or entering custody
on or after the effective date of this Act. At a minimum, this
record shall contain the person's last known complete street
address prior to incarceration, the person's race, whether the
person is of Hispanic or Latino origin, and whether the person
is 18 years of age or older. To the degree possible, the
Department shall also allow the legal residence to be updated
as appropriate.
Section 2-10. Reports to the State Board of Elections.
(a) Within 30 days after the effective date of this Act,
and thereafter, on or before May 1 of each year where the
federal decennial census is taken but in which the United
States Bureau of the Census allocates incarcerated persons as
residents of correctional facilities, the Department shall
deliver to the State Board of Elections the following

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information:
(1) A unique identifier, not including the name or
Department-assigned inmate number, for each incarcerated
person subject to the jurisdiction of the Department on the
date for which the decennial census reports population. The
unique identifier shall enable the State Board of Elections
to address inquiries about specific address records to the
Department, without making it possible for anyone outside
of the Department to identify the inmate to whom the
address record pertains.
(2) The street address of the correctional facility
where the person was incarcerated at the time of the
report.
(3) The last known address of the person prior to
incarceration or other legal residence, if known.
(4) The person's race, whether the person is of
Hispanic or Latino origin, and whether the person is age 18
or older, if known.
(5) Any additional information as the State Board of
Elections may request pursuant to law.
(b) The Department shall provide the information specified
in subsection (a) in the form that the State Board of Elections
shall specify.
(c) Notwithstanding any other provision of law, the
information required to be provided to the State Board of
Elections pursuant to this Section shall not include the name

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of any incarcerated person and shall not allow for the
identification of any person therefrom, except to the
Department. The information shall be treated as confidential
and shall not be disclosed by the State Board of Elections
except as redistricting data aggregated by census block for
purposes specified in Section 2-20.
Section 2-15. Federal facilities. The State Board of
Elections shall request each agency that operates a federal
facility in this State that incarcerates persons convicted of a
criminal offense to provide the State Board of Elections with a
report that includes the information listed in subsection (a)
of Section 2-10.
Section 2-20. State Board of Elections; redistricting
data. The State Board of Elections shall prepare redistricting
population data to reflect incarcerated persons at their
residential address, pursuant to Section 2-25. The data
prepared by the State Board of Elections shall be the basis of
the Legislative and Representative Districts required to be
created pursuant to Section 3 of Article IV of the Illinois
Constitution of 1970. Incarcerated populations residing at
unknown geographic locations within the State, as determined
under paragraph (2) of subsection (c) of Section 2-25, shall
not be used to determine the ideal population of any set of
districts, wards, or precincts.

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Section 2-25. Determinations and data publication by the
State Board of Elections.
(a) For each person included in a report received under
Sections 2-10 and 2-15, the State Board of Elections shall
determine the geographic units for which population counts are
reported in the federal decennial census that contain the
facility of incarceration and the legal residence as listed
according to the report.
(b) For each person included in a report received under
Sections 2-10 and 2-15, if the legal residence is known and in
this State, the State Board of Elections shall:
(1) ensure that the person is not represented in any
population counts reported by the State Board of Elections
for the geographic units that include the facility where
the person was incarcerated, unless that geographic unit
also includes the person's legal residence; and
(2) ensure that any population counts reported by the
State Board of Elections reflect the person's residential
address as reported under Sections 2-10 and 2-15.
(c) For each person included in a report received under
Sections 2-10 and 2-15 for whom a legal residence is unknown or
not in this State and for all persons reported in the census as
residing in a federal correctional facility for whom a report
was not provided, the State Board of Elections shall:
(1) ensure that the person is not represented in any

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population counts reported by the State Board of Elections
for the geographic units that include the facility where
the person was incarcerated; and
(2) allocate the person to a State unit not tied to a
specific determined geographic location, as other State
residents with unknown State addresses are allocated.
(d) The data prepared by the State Board of Elections
pursuant to this Section shall be completed and published no
later than 30 days after the date that federal decennial census
data required to be published by Public Law 94-171 is published
for the State of Illinois.
Section 2-30. Data; Legislative and Representative
Districts. The data prepared by the State Board of Elections in
Section 2-25 shall be used only as the basis for determining
Legislative and Representative Districts. Residences at
unknown geographic locations within the State under subsection
(c) of Section 2-25 shall not be used to determine the ideal
population of any set of districts, wards, or precincts. The
data prepared by the State Board of Elections in Section 2-25
shall not be used in the distribution of any State or federal
aid.
Article 3.
Deaths in Custody

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Section 3-1. Short title. This Article may be cited as the
Reporting of Deaths in Custody Act. References in this Article
to "this Act" mean this Article.
Section 3-5. Report of deaths of persons in custody in
correctional institutions.
(a) In this Act, "law enforcement agency" includes each law
enforcement entity within this State having the authority to
arrest and detain persons suspected of, or charged with,
committing a criminal offense, and each law enforcement entity
that operates a lock up, jail, prison, or any other facility
used to detain persons for legitimate law enforcement purposes.
(b) In any case in which a person dies:
(1) while in the custody of:
(A) a law enforcement agency;
(B) a local or State correctional facility in this
State; or
(C) a peace officer; or
(2) as a result of the peace officer's use of force,
the law enforcement agency shall investigate and report the
death in writing to the Illinois Criminal Justice
Information Authority, no later than 30 days after the date
on which the person in custody or incarcerated died. The
written report shall contain the following information:
(A) facts concerning the death that are in the
possession of the law enforcement agency in charge of

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the investigation and the correctional facility where
the death occurred including, but not limited to, race,
age, and gender of the decedent, and a brief
description of the circumstances surrounding the
death;
(B) if the death occurred in the custody of the
Illinois Department of Corrections, the report shall
also include the jurisdiction, the law enforcement
agency providing the investigation, and the local or
State facility where the death occurred;
(C) if the death occurred in the custody of the
Illinois Department of Corrections, the report shall
also include if emergency care was requested by the law
enforcement agency in response to any illness, injury,
self-inflicted or otherwise, or other issue related to
rapid deterioration of physical wellness or human
subsistence, and details concerning emergency care
that were provided to the decedent if emergency care
was provided.
(c) The law enforcement agency and the involved
correctional administrators shall make a good faith effort to
obtain all relevant facts and circumstances relevant to the
death and include those in the report.
(d) The Illinois Criminal Justice Information Authority
shall create a standardized form to be used for the purpose of
collecting information as described in subsection (b).

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(e) Law enforcement agencies shall use the form described
in subsection (d) to report all cases in which a person dies:
(1) while in the custody of:
(A) a law enforcement agency;
(B) a local or State correctional facility in this
State; or
(C) a peace officer; or
(2) as a result of the peace officer's use of force.
(f) The Illinois Criminal Justice Information Authority
may determine the manner in which the form is transmitted from
a law enforcement agency to the Illinois Criminal Justice
Information Authority.
(g) The reports shall be public records within the meaning
of subsection (c) of Section 2 of the Freedom of Information
Act and are open to public inspection, with the exception of
any portion of the report that the Illinois Criminal Justice
Information Authority determines is privileged or protected
under Illinois or federal law.
(h) The Illinois Criminal Justice Information Authority
shall make available to the public information of all
individual reports relating to deaths in custody through the
Illinois Criminal Justice Information Authority's website to
be updated on a quarterly basis.
(i) The Illinois Criminal Justice Information Authority
shall issue a public annual report tabulating and evaluating
trends and information on deaths in custody, including, but not

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limited to:
(1) information regarding the race, gender, sexual
orientation, and gender identity of the decedent; and a
brief description of the circumstances surrounding the
death;
(2) if the death occurred in the custody of the
Illinois Department of Corrections, the report shall also
include the jurisdiction, law enforcement agency providing
the investigation, and local or State facility where the
death occurred; and
(3) recommendations and State and local efforts
underway to reduce deaths in custody.
The report shall be submitted to the Governor and General
Assembly and made available to the public on the Illinois
Criminal Justice Information Authority's website the first
week of February of each year.
(j) So that the State may oversee the healthcare provided
to any person in the custody of each law enforcement agency
within this State, provision of medical services to these
persons, general care and treatment, and any other factors that
may contribute to the death of any of these persons, the
following information shall be made available to the public on
the Illinois Criminal Justice Information Authority's website:
(1) the number of deaths that occurred during the
preceding calendar year;
(2) the known, or discoverable upon reasonable

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inquiry, causes and contributing factors of each of the
in-custody deaths as defined in subsection (b); and
(3) the law enforcement agency's policies, procedures,
and protocols related to:
(A) treatment of a person experiencing withdrawal
from alcohol or substance use;
(B) the facility's provision, or lack of
provision, of medications used to treat, mitigate, or
address a person's symptoms; and
(C) notifying an inmate's next of kin after the
inmate's in-custody death.
(k) The family, next of kin, or any other person reasonably
nominated by the decedent as an emergency contact shall be
notified as soon as possible in a suitable manner giving an
accurate factual account of the cause of death and
circumstances surrounding the death in custody in accordance
with State and federal law.
(l) The law enforcement agency or correctional facility
shall name a staff person to act as dedicated family liaison
officer to be a point of contact for the family, to make and
maintain contact with the family, to report ongoing
developments and findings of investigations, and to provide
information and practical support. If requested by the
deceased's next of kin, the law enforcement agency or
correctional facility shall arrange for a chaplain, counselor,
or other suitable staff member to meet with the family and

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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 in
accordance with State and federal law.
(m) It is unlawful for a person who is required under this
Section to investigate a death or file a report to fail to
include in the report facts known or discovered in the
investigation to the Illinois Criminal Justice Information
Authority. A violation of this Section is a petty offense, with
fine not to exceed $500.
Article 4.
Constitutional Rights and Remedies
Section 4-1. Short title. This Article may be cited as the
Task Force on Constitutional Rights and Remedies Act.
References in this Article to "this Act" mean this Article.
Section 4-5. Task Force on Constitutional Rights and
Remedies. The Task Force on Constitutional Rights and Remedies
is created. The purpose of the Task Force on Constitutional
Rights and Remedies is to develop and propose policies and
procedures to review and reform constitutional rights and
remedies, including qualified immunity for peace officers.
Section 4-10. Task Force Members.

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(a) The Task Force on Constitutional Rights and Remedies
shall be comprised of the following members:
(1) The president of statewide association
representing trial lawyers or his or her designee, the
executive director of a statewide association advocating
for the advancement of civil liberties or his or her
designee, a representative representing statewide labor,
all appointed by the Governor.
(2) Four members of the public appointed, one appointed
by each the Speaker of the House of Representatives,
Minority Leader of the House of Representatives, Minority
Leader of the House of Representatives, President of the
Senate, Minority Leader of the Senate.
(3) The president of a statewide bar association or his
or her designee, the executive director of a statewide
association representing county sheriffs or his or her
designee, the executive director of a statewide
association representing chiefs of police, a
representative of the Chicago Police Department, all
appointed by the Governor.
(4) The Director of the Illinois State Police or his or
her designee.
(5) The Attorney General, or his or her designee.
(6) A retired judge appointed by the Governor.
(7) one State Representative, appointed by the Speaker
of the House of Representatives; one State Representative,

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appointed by the Minority Leader of the House of
Representatives; one State Senator, appointed by the
President of the Senate; one State Senator, appointed by
the Minority Leader of the Senate.
(b) The members of the Task Force shall serve without
compensation.
(c) The Illinois Criminal Justice Information Authority
shall provide administrative and technical support to the Task
Force and be responsible for administering its operations,
appointing a chairperson, and ensuring that the requirements of
the Task Force are met. The President of the Senate and the
Speaker of the House of Representatives shall appoint
co-chairpersons for the Task Force. The Task Force shall have
all appointments made within 30 days of the effective date of
this amendatory Act of the 101st General Assembly.
Section 4-15. Meetings; report.
(a) The Task Force shall meet at least 3 times with the
first meeting occurring within 60 days after the effective date
of this amendatory Act of the 101st General Assembly.
(b) The Task Force shall review available research, best
practices, and effective interventions to formulate
recommendations.
(c) The Task Force shall produce a report detailing the
Task Force's findings and recommendations and needed
resources. The Task Force shall submit a report of its findings

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and recommendations to the General Assembly and the Governor by
May 1, 2021.
Section 4-20. Repeal. This Act is repealed on January 1,
2022.
Article 10.
Amendatory Provisions
Section 10-105. The Statute on Statutes is amended by
adding Section 1.43 as follows:
(5 ILCS 70/1.43 new)
Sec. 1.43. Reference to bail, bail bond, or conditions of
bail. Whenever there is a reference in any Act to "bail", "bail
bond", or "conditions of bail", these terms shall be construed
as "pretrial release" or "conditions of pretrial release".
Section 10-110. The Freedom of Information Act is amended
by changing Section 2.15 as follows:
(5 ILCS 140/2.15)
Sec. 2.15. Arrest reports and criminal history records.
(a) Arrest reports. The following chronologically
maintained arrest and criminal history information maintained
by State or local criminal justice agencies shall be furnished

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as soon as practical, but in no event later than 72 hours after
the arrest, notwithstanding the time limits otherwise provided
for in Section 3 of this Act: (i) information that identifies
the individual, including the name, age, address, and
photograph, when and if available; (ii) information detailing
any charges relating to the arrest; (iii) the time and location
of the arrest; (iv) the name of the investigating or arresting
law enforcement agency; (v) if the individual is incarcerated,
the conditions of pretrial release amount of any bail or bond;
and (vi) if the individual is incarcerated, the time and date
that the individual was received into, discharged from, or
transferred from the arresting agency's custody.
(b) Criminal history records. The following documents
maintained by a public body pertaining to criminal history
record information are public records subject to inspection and
copying by the public pursuant to this Act: (i) court records
that are public; (ii) records that are otherwise available
under State or local law; and (iii) records in which the
requesting party is the individual identified, except as
provided under Section 7(1)(d)(vi).
(c) Information described in items (iii) through (vi) of
subsection (a) may be withheld if it is determined that
disclosure would: (i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings conducted
by any law enforcement agency; (ii) endanger the life or
physical safety of law enforcement or correctional personnel or

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any other person; or (iii) compromise the security of any
correctional facility.
(d) The provisions of this Section do not supersede the
confidentiality provisions for law enforcement or arrest
records of the Juvenile Court Act of 1987.
(e) Notwithstanding the requirements of subsection (a), a
law enforcement agency may not publish booking photographs,
commonly known as "mugshots", on its social networking website
in connection with civil offenses, petty offenses, business
offenses, Class C misdemeanors, and Class B misdemeanors unless
the booking photograph is posted to the social networking
website to assist in the search for a missing person or to
assist in the search for a fugitive, person of interest, or
individual wanted in relation to a crime other than a petty
offense, business offense, Class C misdemeanor, or Class B
misdemeanor. As used in this subsection, "social networking
website" has the meaning provided in Section 10 of the Right to
Privacy in the Workplace Act.
(Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19.)
Section 10-115. The State Records Act is amended by
changing Section 4a as follows:
(5 ILCS 160/4a)
Sec. 4a. Arrest records and reports.
(a) When an individual is arrested, the following

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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 paragraphs
(3), (4), (5), and (6) of subsection (a), however, may be
withheld if it is determined that disclosure would:
(1) interfere with pending or actually and reasonably
contemplated law enforcement proceedings conducted by any
law enforcement or correctional agency;
(2) endanger the life or physical safety of law
enforcement or correctional personnel or any other person;

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or
(3) compromise the security of any correctional
facility.
(c) For the purposes of this Section, the term "news media"
means personnel of a newspaper or other periodical issued at
regular intervals whether in print or electronic format, a news
service whether in print or electronic format, a radio station,
a television station, a television network, a community antenna
television service, or a person or corporation engaged in
making news reels or other motion picture news for public
showing.
(d) Each law enforcement or correctional agency may charge
fees for arrest records, but in no instance may the fee exceed
the actual cost of copying and reproduction. The fees may not
include the cost of the labor used to reproduce the arrest
record.
(e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(f) All information, including photographs, made available
under this Section is subject to the provisions of Section 2QQQ
of the Consumer Fraud and Deceptive Business Practices Act.
(g) Notwithstanding the requirements of subsection (a), a
law enforcement agency may not publish booking photographs,
commonly known as "mugshots", on its social networking website
in connection with civil offenses, petty offenses, business

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offenses, Class C misdemeanors, and Class B misdemeanors unless
the booking photograph is posted to the social networking
website to assist in the search for a missing person or to
assist in the search for a fugitive, person of interest, or
individual wanted in relation to a crime other than a petty
offense, business offense, Class C misdemeanor, or Class B
misdemeanor. As used in this subsection, "social networking
website" has the meaning provided in Section 10 of the Right to
Privacy in the Workplace Act.
(Source: P.A. 101-433, eff. 8-20-19.)
Section 10-116. The Illinois Public Labor Relations Act is
amended by changing Section 14 as follows:
(5 ILCS 315/14) (from Ch. 48, par. 1614)
Sec. 14. Security employee, peace officer and fire fighter
disputes.
(a) In the case of collective bargaining agreements
involving units of security employees of a public employer,
Peace Officer Units, or units of fire fighters or paramedics,
and in the case of disputes under Section 18, unless the
parties mutually agree to some other time limit, mediation
shall commence 30 days prior to the expiration date of such
agreement or at such later time as the mediation services
chosen under subsection (b) of Section 12 can be provided to
the parties. In the case of negotiations for an initial

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collective bargaining agreement, mediation shall commence upon
15 days notice from either party or at such later time as the
mediation services chosen pursuant to subsection (b) of Section
12 can be provided to the parties. In mediation under this
Section, if either party requests the use of mediation services
from the Federal Mediation and Conciliation Service, the other
party shall either join in such request or bear the additional
cost of mediation services from another source. The mediator
shall have a duty to keep the Board informed on the progress of
the mediation. If any dispute has not been resolved within 15
days after the first meeting of the parties and the mediator,
or within such other time limit as may be mutually agreed upon
by the parties, either the exclusive representative or employer
may request of the other, in writing, arbitration, and shall
submit a copy of the request to the Board.
(b) Within 10 days after such a request for arbitration has
been made, the employer shall choose a delegate and the
employees' exclusive representative shall choose a delegate to
a panel of arbitration as provided in this Section. The
employer and employees shall forthwith advise the other and the
Board of their selections.
(c) Within 7 days after the request of either party, the
parties shall request a panel of impartial arbitrators from
which they shall select the neutral chairman according to the
procedures provided in this Section. If the parties have agreed
to a contract that contains a grievance resolution procedure as

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provided in Section 8, the chairman shall be selected using
their agreed contract procedure unless they mutually agree to
another procedure. If the parties fail to notify the Board of
their selection of neutral chairman within 7 days after receipt
of the list of impartial arbitrators, the Board shall appoint,
at random, a neutral chairman from the list. In the absence of
an agreed contract procedure for selecting an impartial
arbitrator, either party may request a panel from the Board.
Within 7 days of the request of either party, the Board shall
select from the Public Employees Labor Mediation Roster 7
persons who are on the labor arbitration panels of either the
American Arbitration Association or the Federal Mediation and
Conciliation Service, or who are members of the National
Academy of Arbitrators, as nominees for impartial arbitrator of
the arbitration panel. The parties may select an individual on
the list provided by the Board or any other individual mutually
agreed upon by the parties. Within 7 days following the receipt
of the list, the parties shall notify the Board of the person
they have selected. Unless the parties agree on an alternate
selection procedure, they shall alternatively strike one name
from the list provided by the Board until only one name
remains. A coin toss shall determine which party shall strike
the first name. If the parties fail to notify the Board in a
timely manner of their selection for neutral chairman, the
Board shall appoint a neutral chairman from the Illinois Public
Employees Mediation/Arbitration Roster.

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(d) The chairman shall call a hearing to begin within 15
days and give reasonable notice of the time and place of the
hearing. The hearing shall be held at the offices of the Board
or at such other location as the Board deems appropriate. The
chairman shall preside over the hearing and shall take
testimony. Any oral or documentary evidence and other data
deemed relevant by the arbitration panel may be received in
evidence. The proceedings shall be informal. Technical rules of
evidence shall not apply and the competency of the evidence
shall not thereby be deemed impaired. A verbatim record of the
proceedings shall be made and the arbitrator shall arrange for
the necessary recording service. Transcripts may be ordered at
the expense of the party ordering them, but the transcripts
shall not be necessary for a decision by the arbitration panel.
The expense of the proceedings, including a fee for the
chairman, shall be borne equally by each of the parties to the
dispute. The delegates, if public officers or employees, shall
continue on the payroll of the public employer without loss of
pay. The hearing conducted by the arbitration panel may be
adjourned from time to time, but unless otherwise agreed by the
parties, shall be concluded within 30 days of the time of its
commencement. Majority actions and rulings shall constitute
the actions and rulings of the arbitration panel. Arbitration
proceedings under this Section shall not be interrupted or
terminated by reason of any unfair labor practice charge filed
by either party at any time.

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(e) The arbitration panel may administer oaths, require the
attendance of witnesses, and the production of such books,
papers, contracts, agreements and documents as may be deemed by
it material to a just determination of the issues in dispute,
and for such purpose may issue subpoenas. If any person refuses
to obey a subpoena, or refuses to be sworn or to testify, or if
any witness, party or attorney is guilty of any contempt while
in attendance at any hearing, the arbitration panel may, or the
attorney general if requested shall, invoke the aid of any
circuit court within the jurisdiction in which the hearing is
being held, which court shall issue an appropriate order. Any
failure to obey the order may be punished by the court as
contempt.
(f) At any time before the rendering of an award, the
chairman of the arbitration panel, if he is of the opinion that
it would be useful or beneficial to do so, may remand the
dispute to the parties for further collective bargaining for a
period not to exceed 2 weeks. If the dispute is remanded for
further collective bargaining the time provisions of this Act
shall be extended for a time period equal to that of the
remand. The chairman of the panel of arbitration shall notify
the Board of the remand.
(g) At or before the conclusion of the hearing held
pursuant to subsection (d), the arbitration panel shall
identify the economic issues in dispute, and direct each of the
parties to submit, within such time limit as the panel shall

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prescribe, to the arbitration panel and to each other its last
offer of settlement on each economic issue. The determination
of the arbitration panel as to the issues in dispute and as to
which of these issues are economic shall be conclusive. The
arbitration panel, within 30 days after the conclusion of the
hearing, or such further additional periods to which the
parties may agree, shall make written findings of fact and
promulgate a written opinion and shall mail or otherwise
deliver a true copy thereof to the parties and their
representatives and to the Board. As to each economic issue,
the arbitration panel shall adopt the last offer of settlement
which, in the opinion of the arbitration panel, more nearly
complies with the applicable factors prescribed in subsection
(h). The findings, opinions and order as to all other issues
shall be based upon the applicable factors prescribed in
subsection (h).
(h) Where there is no agreement between the parties, or
where there is an agreement but the parties have begun
negotiations or discussions looking to a new agreement or
amendment of the existing agreement, and wage rates or other
conditions of employment under the proposed new or amended
agreement are in dispute, the arbitration panel shall base its
findings, opinions and order upon the following factors, as
applicable:
(1) The lawful authority of the employer.
(2) Stipulations of the parties.

10100SB1968ham001 - 26 - LRB101 08002 RLC 74920 a
(3) The interests and welfare of the public and the
financial ability of the unit of government to meet those
costs.
(4) Comparison of the wages, hours and conditions of
employment of the employees involved in the arbitration
proceeding with the wages, hours and conditions of
employment of other employees performing similar services
and with other employees generally:
(A) In public employment in comparable
communities.
(B) In private employment in comparable
communities.
(5) The average consumer prices for goods and services,
commonly known as the cost of living.
(6) The overall compensation presently received by the
employees, including direct wage compensation, vacations,
holidays and other excused time, insurance and pensions,
medical and hospitalization benefits, the continuity and
stability of employment and all other benefits received.
(7) Changes in any of the foregoing circumstances
during the pendency of the arbitration proceedings.
(8) Such other factors, not confined to the foregoing,
which are normally or traditionally taken into
consideration in the determination of wages, hours and
conditions of employment through voluntary collective
bargaining, mediation, fact-finding, arbitration or

10100SB1968ham001 - 27 - LRB101 08002 RLC 74920 a
otherwise between the parties, in the public service or in
private employment.
(i) In the case of peace officers, the arbitration decision
shall be limited to wages, hours, and conditions of employment
(which may include residency requirements in municipalities
with a population under 100,000 1,000,000, but those residency
requirements shall not allow residency outside of Illinois) and
shall not include the following: i) residency requirements in
municipalities with a population of at least 100,000 1,000,000;
ii) the type of equipment, other than uniforms, issued or used;
iii) manning; iv) the total number of employees employed by the
department; v) mutual aid and assistance agreements to other
units of government; and vi) the criterion pursuant to which
force, including deadly force, can be used; provided, nothing
herein shall preclude an arbitration decision regarding
equipment or manning levels if such decision is based on a
finding that the equipment or manning considerations in a
specific work assignment involve a serious risk to the safety
of a peace officer beyond that which is inherent in the normal
performance of police duties. Limitation of the terms of the
arbitration decision pursuant to this subsection shall not be
construed to limit the factors upon which the decision may be
based, as set forth in subsection (h).
In the case of fire fighter, and fire department or fire
district paramedic matters, the arbitration decision shall be
limited to wages, hours, and conditions of employment

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(including manning and also including residency requirements
in municipalities with a population under 1,000,000, but those
residency requirements shall not allow residency outside of
Illinois) and shall not include the following matters: i)
residency requirements in municipalities with a population of
at least 1,000,000; ii) the type of equipment (other than
uniforms and fire fighter turnout gear) issued or used; iii)
the total number of employees employed by the department; iv)
mutual aid and assistance agreements to other units of
government; and v) the criterion pursuant to which force,
including deadly force, can be used; provided, however, nothing
herein shall preclude an arbitration decision regarding
equipment levels if such decision is based on a finding that
the equipment considerations in a specific work assignment
involve a serious risk to the safety of a fire fighter beyond
that which is inherent in the normal performance of fire
fighter duties. Limitation of the terms of the arbitration
decision pursuant to this subsection shall not be construed to
limit the facts upon which the decision may be based, as set
forth in subsection (h).
The changes to this subsection (i) made by Public Act
90-385 (relating to residency requirements) do not apply to
persons who are employed by a combined department that performs
both police and firefighting services; these persons shall be
governed by the provisions of this subsection (i) relating to
peace officers, as they existed before the amendment by Public

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Act 90-385.
To preserve historical bargaining rights, this subsection
shall not apply to any provision of a fire fighter collective
bargaining agreement in effect and applicable on the effective
date of this Act; provided, however, nothing herein shall
preclude arbitration with respect to any such provision.
(j) Arbitration procedures shall be deemed to be initiated
by the filing of a letter requesting mediation as required
under subsection (a) of this Section. The commencement of a new
municipal fiscal year after the initiation of arbitration
procedures under this Act, but before the arbitration decision,
or its enforcement, shall not be deemed to render a dispute
moot, or to otherwise impair the jurisdiction or authority of
the arbitration panel or its decision. Increases in rates of
compensation awarded by the arbitration panel may be effective
only at the start of the fiscal year next commencing after the
date of the arbitration award. If a new fiscal year has
commenced either since the initiation of arbitration
procedures under this Act or since any mutually agreed
extension of the statutorily required period of mediation under
this Act by the parties to the labor dispute causing a delay in
the initiation of arbitration, the foregoing limitations shall
be inapplicable, and such awarded increases may be retroactive
to the commencement of the fiscal year, any other statute or
charter provisions to the contrary, notwithstanding. At any
time the parties, by stipulation, may amend or modify an award

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of arbitration.
(k) Orders of the arbitration panel shall be reviewable,
upon appropriate petition by either the public employer or the
exclusive bargaining representative, by the circuit court for
the county in which the dispute arose or in which a majority of
the affected employees reside, but only for reasons that the
arbitration panel was without or exceeded its statutory
authority; the order is arbitrary, or capricious; or the order
was procured by fraud, collusion or other similar and unlawful
means. Such petitions for review must be filed with the
appropriate circuit court within 90 days following the issuance
of the arbitration order. The pendency of such proceeding for
review shall not automatically stay the order of the
arbitration panel. The party against whom the final decision of
any such court shall be adverse, if such court finds such
appeal or petition to be frivolous, shall pay reasonable
attorneys' fees and costs to the successful party as determined
by said court in its discretion. If said court's decision
affirms the award of money, such award, if retroactive, shall
bear interest at the rate of 12 percent per annum from the
effective retroactive date.
(l) During the pendency of proceedings before the
arbitration panel, existing wages, hours, and other conditions
of employment shall not be changed by action of either party
without the consent of the other but a party may so consent
without prejudice to his rights or position under this Act. The

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proceedings are deemed to be pending before the arbitration
panel upon the initiation of arbitration procedures under this
Act.
(m) Security officers of public employers, and Peace
Officers, Fire Fighters and fire department and fire protection
district paramedics, covered by this Section may not withhold
services, nor may public employers lock out or prevent such
employees from performing services at any time.
(n) All of the terms decided upon by the arbitration panel
shall be included in an agreement to be submitted to the public
employer's governing body for ratification and adoption by law,
ordinance or the equivalent appropriate means.
The governing body shall review each term decided by the
arbitration panel. If the governing body fails to reject one or
more terms of the arbitration panel's decision by a 3/5 vote of
those duly elected and qualified members of the governing body,
within 20 days of issuance, or in the case of firefighters
employed by a state university, at the next regularly scheduled
meeting of the governing body after issuance, such term or
terms shall become a part of the collective bargaining
agreement of the parties. If the governing body affirmatively
rejects one or more terms of the arbitration panel's decision,
it must provide reasons for such rejection with respect to each
term so rejected, within 20 days of such rejection and the
parties shall return to the arbitration panel for further
proceedings and issuance of a supplemental decision with

10100SB1968ham001 - 32 - LRB101 08002 RLC 74920 a
respect to the rejected terms. Any supplemental decision by an
arbitration panel or other decision maker agreed to by the
parties shall be submitted to the governing body for
ratification and adoption in accordance with the procedures and
voting requirements set forth in this Section. The voting
requirements of this subsection shall apply to all disputes
submitted to arbitration pursuant to this Section
notwithstanding any contrary voting requirements contained in
any existing collective bargaining agreement between the
parties.
(o) If the governing body of the employer votes to reject
the panel's decision, the parties shall return to the panel
within 30 days from the issuance of the reasons for rejection
for further proceedings and issuance of a supplemental
decision. All reasonable costs of such supplemental proceeding
including the exclusive representative's reasonable attorney's
fees, as established by the Board, shall be paid by the
employer.
(p) Notwithstanding the provisions of this Section the
employer and exclusive representative may agree to submit
unresolved disputes concerning wages, hours, terms and
conditions of employment to an alternative form of impasse
resolution.
(Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)
Section 10-116.5. The Community-Law Enforcement

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Partnership for Deflection and Substance Use Disorder
Treatment Act is amended by changing Sections 1, 5, 10, 15, 20,
30, and 35 and by adding Section 21 as follows:
(5 ILCS 820/1)
Sec. 1. Short title. This Act may be cited as the
Community-Law Enforcement and Other First Responder
Partnership for Deflection and Substance Use Disorder
Treatment Act.
(Source: P.A. 100-1025, eff. 1-1-19.)
(5 ILCS 820/5)
Sec. 5. Purposes. The General Assembly hereby acknowledges
that opioid use disorders, overdoses, and deaths in Illinois
are persistent and growing concerns for Illinois communities.
These concerns compound existing challenges to adequately
address and manage substance use and mental health disorders.
Law enforcement officers, other first responders, and
co-responders have a unique opportunity to facilitate
connections to community-based behavioral health interventions
that provide substance use treatment and can help save and
restore lives; help reduce drug use, overdose incidence,
criminal offending, and recidivism; and help prevent arrest and
conviction records that destabilize health, families, and
opportunities for community citizenship and self-sufficiency.
These efforts are bolstered when pursued in partnership with

10100SB1968ham001 - 34 - LRB101 08002 RLC 74920 a
licensed behavioral health treatment providers and community
members or organizations. It is the intent of the General
Assembly to authorize law enforcement and other first
responders to develop and implement collaborative deflection
programs in Illinois that offer immediate pathways to substance
use treatment and other services as an alternative to
traditional case processing and involvement in the criminal
justice system, and to unnecessary admission to emergency
departments.
(Source: P.A. 100-1025, eff. 1-1-19.)
(5 ILCS 820/10)
Sec. 10. Definitions. In this Act:
"Case management" means those services which will assist
persons in gaining access to needed social, educational,
medical, substance use and mental health treatment, and other
services.
"Community member or organization" means an individual
volunteer, resident, public office, or a not-for-profit
organization, religious institution, charitable organization,
or other public body committed to the improvement of individual
and family mental and physical well-being and the overall
social welfare of the community, and may include persons with
lived experience in recovery from substance use disorder,
either themselves or as family members.
"Other first responder" means and includes emergency

10100SB1968ham001 - 35 - LRB101 08002 RLC 74920 a
medical services providers that are public units of government,
fire departments and districts, and officials and responders
representing and employed by these entities.
"Deflection program" means a program in which a peace
officer or member of a law enforcement agency or other first
responder facilitates contact between an individual and a
licensed substance use treatment provider or clinician for
assessment and coordination of treatment planning, including
co-responder approaches that incorporate behavioral health,
peer, or social work professionals with law enforcement or
other first responders at the scene. This facilitation includes
defined criteria for eligibility and communication protocols
agreed to by the law enforcement agency or other first
responder entity and the licensed treatment provider for the
purpose of providing substance use treatment to those persons
in lieu of arrest or further justice system involvement, or
unnecessary admissions to the emergency department. Deflection
programs may include, but are not limited to, the following
types of responses:
(1) a post-overdose deflection response initiated by a
peace officer or law enforcement agency subsequent to
emergency administration of medication to reverse an
overdose, or in cases of severe substance use disorder with
acute risk for overdose;
(2) a self-referral deflection response initiated by
an individual by contacting a peace officer or law

10100SB1968ham001 - 36 - LRB101 08002 RLC 74920 a
enforcement agency or other first responder in the
acknowledgment of their substance use or disorder;
(3) an active outreach deflection response initiated
by a peace officer or law enforcement agency or other first
responder as a result of proactive identification of
persons thought likely to have a substance use disorder;
(4) an officer or other first responder prevention
deflection response initiated by a peace officer or law
enforcement agency in response to a community call when no
criminal charges are present; and
(5) an officer intervention deflection response when
criminal charges are present but held in abeyance pending
engagement with treatment.
"Law enforcement agency" means a municipal police
department or county sheriff's office of this State, the
Department of State Police, or other law enforcement agency
whose officers, by statute, are granted and authorized to
exercise powers similar to those conferred upon any peace
officer employed by a law enforcement agency of this State.
"Licensed treatment provider" means an organization
licensed by the Department of Human Services to perform an
activity or service, or a coordinated range of those activities
or services, as the Department of Human Services may establish
by rule, such as the broad range of emergency, outpatient,
intensive outpatient, and residential services and care,
including assessment, diagnosis, case management, medical,

10100SB1968ham001 - 37 - LRB101 08002 RLC 74920 a
psychiatric, psychological and social services,
medication-assisted treatment, care and counseling, and
recovery support, which may be extended to persons to assess or
treat substance use disorder or to families of those persons.
"Peace officer" means any peace officer or member of any
duly organized State, county, or municipal peace officer unit,
any police force of another State, or any police force whose
members, by statute, are granted and authorized to exercise
powers similar to those conferred upon any peace officer
employed by a law enforcement agency of this State.
"Substance use disorder" means a pattern of use of alcohol
or other drugs leading to clinical or functional impairment, in
accordance with the definition in the Diagnostic and
Statistical Manual of Mental Disorders (DSM-5), or in any
subsequent editions.
"Treatment" means the broad range of emergency,
outpatient, intensive outpatient, and residential services and
care (including assessment, diagnosis, case management,
medical, psychiatric, psychological and social services,
medication-assisted treatment, care and counseling, and
recovery support) which may be extended to persons who have
substance use disorders, persons with mental illness, or
families of those persons.
(Source: P.A. 100-1025, eff. 1-1-19.)
(5 ILCS 820/15)

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Sec. 15. Authorization.
(a) Any law enforcement agency or other first responder
entity may establish a deflection program subject to the
provisions of this Act in partnership with one or more licensed
providers of substance use disorder treatment services and one
or more community members or organizations. Programs
established by another first responder entity shall also
include a law enforcement agency.
(b) The deflection program may involve a post-overdose
deflection response, a self-referral deflection response, an
active outreach deflection response, an officer or other first
responder prevention deflection response, or an officer
intervention deflection response, or any combination of those.
(c) Nothing shall preclude the General Assembly from adding
other responses to a deflection program, or preclude a law
enforcement agency or other first responder entity from
developing a deflection program response based on a model
unique and responsive to local issues, substance use or mental
health needs, and partnerships, using sound and promising or
evidence-based practices.
(c-5) Whenever appropriate and available, case management
should be provided by a licensed treatment provider or other
appropriate provider and may include peer recovery support
approaches.
(d) To receive funding for activities as described in
Section 35 of this Act, planning for the deflection program

10100SB1968ham001 - 39 - LRB101 08002 RLC 74920 a
shall include:
(1) the involvement of one or more licensed treatment
programs and one or more community members or
organizations; and
(2) an agreement with the Illinois Criminal Justice
Information Authority to collect and evaluate relevant
statistical data related to the program, as established by
the Illinois Criminal Justice Information Authority in
paragraph (2) of subsection (a) of Section 25 of this Act.
(3) an agreement with participating licensed treatment
providers authorizing the release of statistical data to
the Illinois Criminal Justice Information Authority, in
compliance with State and Federal law, as established by
the Illinois Criminal Justice Information Authority in
paragraph (2) of subsection (a) of Section 25 of this Act.
(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19.)
(5 ILCS 820/20)
Sec. 20. Procedure. The law enforcement agency or other
first responder entity, licensed treatment providers, and
community members or organizations shall establish a local
deflection program plan that includes protocols and procedures
for participant identification, screening or assessment,
treatment facilitation, reporting, and ongoing involvement of
the law enforcement agency. Licensed substance use disorder
treatment organizations shall adhere to 42 CFR Part 2 regarding

10100SB1968ham001 - 40 - LRB101 08002 RLC 74920 a
confidentiality regulations for information exchange or
release. Substance use disorder treatment services shall
adhere to all regulations specified in Department of Human
Services Administrative Rules, Parts 2060 and 2090.
(Source: P.A. 100-1025, eff. 1-1-19.)
(5 ILCS 820/21 new)
Sec. 21. Training. The law enforcement agency or other
first responder entity in programs that receive funding for
services under Section 35 of this Act shall and that receive
training under subsection (a.1) of Section 35 shall be trained
in:
(a)Neuroscience of Addiction for Law Enforcement;
(b)Medication-Assisted Treatment;
(c)Criminogenic Risk-Need for Health and Safety;
(d)Why Drug Treatment Works?;
(e)Eliminating Stigma for People with Substance-Use
Disorders and Mental Health;
(f)Avoiding Racial Bias in Deflection Program;
(g)Promotion Racial and Gender Equity in Deflection;
(h)Working With Community Partnerships; and
(i)Deflection in Rural Communities.
(5 ILCS 820/30)
Sec. 30. Exemption from civil liability. The law
enforcement agency or peace officer or other first responder

10100SB1968ham001 - 41 - LRB101 08002 RLC 74920 a
acting in good faith shall not, as the result of acts or
omissions in providing services under Section 15 of this Act,
be liable for civil damages, unless the acts or omissions
constitute willful and wanton misconduct.
(Source: P.A. 100-1025, eff. 1-1-19.)
(5 ILCS 820/35)
Sec. 35. Funding.
(a) The General Assembly may appropriate funds to the
Illinois Criminal Justice Information Authority for the
purpose of funding law enforcement agencies or other first
responder entities for services provided by deflection program
partners as part of deflection programs subject to subsection
(d) of Section 15 of this Act.
(a.1) Up to 10 percent of appropriated funds may be
expended on activities related to knowledge dissemination,
training, technical assistance, or other similar activities
intended to increase practitioner and public awareness of
deflection and/or to support its implementation. The Illinois
Criminal Justice Information Authority may adopt guidelines
and requirements to direct the distribution of funds for these
activities.
(b) For all appropriated funds not distributed under
subsection a.1, the The Illinois Criminal Justice Information
Authority may adopt guidelines and requirements to direct the
distribution of funds for expenses related to deflection

10100SB1968ham001 - 42 - LRB101 08002 RLC 74920 a
programs. Funding shall be made available to support both new
and existing deflection programs in a broad spectrum of
geographic regions in this State, including urban, suburban,
and rural communities. Funding for deflection programs shall be
prioritized for communities that have been impacted by the war
on drugs, communities that have a police/community relations
issue, and communities that have a disproportionate lack of
access to mental health and drug treatment. Activities eligible
for funding under this Act may include, but are not limited to,
the following:
(1) activities related to program administration,
coordination, or management, including, but not limited
to, the development of collaborative partnerships with
licensed treatment providers and community members or
organizations; collection of program data; or monitoring
of compliance with a local deflection program plan;
(2) case management including case management provided
prior to assessment, diagnosis, and engagement in
treatment, as well as assistance navigating and gaining
access to various treatment modalities and support
services;
(3) peer recovery or recovery support services that
include the perspectives of persons with the experience of
recovering from a substance use disorder, either
themselves or as family members;
(4) transportation to a licensed treatment provider or

10100SB1968ham001 - 43 - LRB101 08002 RLC 74920 a
other program partner location;
(5) program evaluation activities.
(6) naloxone and related supplies necessary for
carrying out overdose reversal for purposes of
distribution to program participants or for use by law
enforcement or other first responders; and
(7) treatment necessary to prevent gaps in service
delivery between linkage and coverage by other funding
sources when otherwise non-reimbursable.
(c) Specific linkage agreements with recovery support
services or self-help entities may be a requirement of the
program services protocols. All deflection programs shall
encourage the involvement of key family members and significant
others as a part of a family-based approach to treatment. All
deflection programs are encouraged to use evidence-based
practices and outcome measures in the provision of substance
use disorder treatment and medication-assisted treatment for
persons with opioid use disorders.
(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19.)
Section 10-116.7. The Attorney General Act is amended by
adding Section 10 as follows:
(15 ILCS 205/10 new)
Sec. 10. Executive officers.
(a) As used in this Section:

10100SB1968ham001 - 44 - LRB101 08002 RLC 74920 a
(1)"Governmental authority" means any local
governmental unit in this State, any municipal corporation
in this State, or any governmental unit of the State of
Illinois. This includes any office, officer, department,
division, bureau, board, commission, or agency of the
State.
(2) "Officer" means any probationary law enforcement
officer, probationary part-time law enforcement officer,
permanent law enforcement officer, part-time law
enforcement officer, law enforcement officer, recruit,
probationary county corrections officer, permanent county
corrections officer, county corrections officer,
probationary court security officer, permanent court
security officer, or court security officer as defined in
Section 2 of the Police Training Act.
(b) No governmental authority, or agent of a governmental
authority, or person acting on behalf of a governmental
authority, shall engage in a pattern or practice of conduct by
officers that deprives any person of rights, privileges, or
immunities secured or protected by the Constitution or laws of
the United States or by the Constitution or laws of Illinois.
(c) Whenever the Illinois Attorney General has reasonable
cause to believe that a violation of subsection (b) has
occurred, the Illinois Attorney General may commence a civil
action in the name of the People of the State to obtain
appropriate equitable and declaratory relief to eliminate the

10100SB1968ham001 - 45 - LRB101 08002 RLC 74920 a
pattern or practice. Venue for this civil action shall be
Sangamon County or Cook County. Such actions shall be commenced
no later than 5 years after the occurrence or the termination
of an alleged violation, whichever occurs last.
(d) Prior to initiating a civil action, the Attorney
General may conduct a preliminary investigation to determine
whether there is reasonable cause to believe that a violation
of subsection (b) has occurred. In conducting this
investigation, the Attorney General may:
(1) require the individual or entity to file a
statement or report in writing under oath or otherwise, as
to all information the Attorney General may consider
necessary;
(2) examine under oath any person alleged to have
participated in or with knowledge of the alleged pattern
and practice violation; or
(3) issue subpoenas or conduct hearings in aid of any
investigation.
(e) Service by the Attorney General of any notice requiring
a person to file a statement or report, or of a subpoena upon
any person, shall be made:
(1) personally by delivery of a duly executed copy
thereof to the person to be served or, if a person is not a
natural person, in the manner provided in the Code of Civil
Procedure when a complaint is filed; or
(2) by mailing by certified mail a duly executed copy

10100SB1968ham001 - 46 - LRB101 08002 RLC 74920 a
thereof to the person to be served at his or her last known
abode or principal place of business within this State or,
if a person is not a natural person, in the manner provided
in the Code of Civil Procedure when a complaint is filed.
(3) The Attorney General may compel compliance with
investigative demands under this Section through an order
by any court of competent jurisdiction.
(f)(1) In any civil action brought pursuant to subsection
(c) of this Section, the Attorney General may obtain as a
remedy equitable and declaratory relief (including any
permanent or preliminary injunction, temporary restraining
order, or other order, including an order enjoining the
defendant from engaging in such violation or ordering any
action as may be appropriate). In addition, the Attorney
General may request and the Court may impose a civil penalty to
vindicate the public interest in an amount not exceeding
$25,000 per violation, or if the defendant has been adjudged to
have committed one other civil rights violation under this
Section within 5 years of the occurrence of the violation that
is the basis of the complaint, in an amount not exceeding
$50,000.
(2) A civil penalty imposed under this subsection shall be
deposited into the Attorney General Court Ordered and Voluntary
Compliance Payment Projects Fund, which is a special fund in
the State Treasury. Moneys in the Fund shall be used, subject
to appropriation, for the performance of any function

10100SB1968ham001 - 47 - LRB101 08002 RLC 74920 a
pertaining to the exercise of the duties of the Attorney
General including but not limited to enforcement of any law of
this State and conducting public education programs; however,
any moneys in the Fund that are required by the court or by an
agreement to be used for a particular purpose shall be used for
that purpose.
Section 10-120. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2605-302 as follows:
(20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part)
Sec. 2605-302. Arrest reports.
(a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
(1) Information that identifies the individual,
including the name, age, address, and photograph, when and
if available.
(2) Information detailing any charges relating to the
arrest.
(3) The time and location of the arrest.
(4) The name of the investigating or arresting law
enforcement agency.
(5) If the individual is incarcerated, the conditions
of pretrial release amount of any bail or bond.

10100SB1968ham001 - 48 - LRB101 08002 RLC 74920 a
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or
transferred from the arresting agency's custody.
(b) The information required by this Section must be made
available to the news media for inspection and copying as soon
as practicable, but in no event shall the time period exceed 72
hours from the arrest. The information described in items (3),
(4), (5), and (6) of subsection (a), however, may be withheld
if it is determined that disclosure would (i) interfere with
pending or actually and reasonably contemplated law
enforcement proceedings conducted by any law enforcement or
correctional agency; (ii) endanger the life or physical safety
of law enforcement or correctional personnel or any other
person; or (iii) compromise the security of any correctional
facility.
(c) For the purposes of this Section, the term "news media"
means personnel of a newspaper or other periodical issued at
regular intervals whether in print or electronic format, a news
service whether in print or electronic format, a radio station,
a television station, a television network, a community antenna
television service, or a person or corporation engaged in
making news reels or other motion picture news for public
showing.
(d) Each law enforcement or correctional agency may charge
fees for arrest records, but in no instance may the fee exceed
the actual cost of copying and reproduction. The fees may not

10100SB1968ham001 - 49 - LRB101 08002 RLC 74920 a
include the cost of the labor used to reproduce the arrest
record.
(e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
incorporates 92-335, eff. 8-10-01; 92-651, eff. 7-11-02.)
Section 10-125. The State Police Act is amended by changing
Section 14 and by adding Section 17c as follows:
(20 ILCS 2610/14) (from Ch. 121, par. 307.14)
Sec. 14. Except as is otherwise provided in this Act, no
Department of State Police officer shall be removed, demoted or
suspended except for cause, upon written charges filed with the
Board by the Director and a hearing before the Board thereon
upon not less than 10 days' notice at a place to be designated
by the chairman thereof. At such hearing, the accused shall be
afforded full opportunity to be heard in his or her own defense
and to produce proof in his or her defense. It shall not be a
requirement of a person Anyone filing a complaint against a
State Police Officer to must have a the complaint supported by
a sworn affidavit or any other legal documentation. This ban on
an affidavit requirement shall apply to any collective
bargaining agreements entered after the effective date of this
provision. Any such complaint, having been supported by a sworn

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affidavit, and having been found, in total or in part, to
contain false information, shall be presented to the
appropriate State's Attorney for a determination of
prosecution.
Before any such officer may be interrogated or examined by
or before the Board, or by a departmental agent or investigator
specifically assigned to conduct an internal investigation,
the results of which hearing, interrogation or examination may
be the basis for filing charges seeking his or her suspension
for more than 15 days or his or her removal or discharge, he or
she shall be advised in writing as to what specific improper or
illegal act he or she is alleged to have committed; he or she
shall be advised in writing that his or her admissions made in
the course of the hearing, interrogation or examination may be
used as the basis for charges seeking his or her suspension,
removal or discharge; and he or she shall be advised in writing
that he or she has a right to counsel of his or her choosing,
who may be present to advise him or her at any hearing,
interrogation or examination. A complete record of any hearing,
interrogation or examination shall be made, and a complete
transcript or electronic recording thereof shall be made
available to such officer without charge and without delay.
The Board shall have the power to secure by its subpoena
both the attendance and testimony of witnesses and the
production of books and papers in support of the charges and
for the defense. Each member of the Board or a designated

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hearing officer shall have the power to administer oaths or
affirmations. If the charges against an accused are established
by a preponderance of evidence, the Board shall make a finding
of guilty and order either removal, demotion, suspension for a
period of not more than 180 days, or such other disciplinary
punishment as may be prescribed by the rules and regulations of
the Board which, in the opinion of the members thereof, the
offense merits. Thereupon the Director shall direct such
removal or other punishment as ordered by the Board and if the
accused refuses to abide by any such disciplinary order, the
Director shall remove him or her forthwith.
If the accused is found not guilty or has served a period
of suspension greater than prescribed by the Board, the Board
shall order that the officer receive compensation for the
period involved. The award of compensation shall include
interest at the rate of 7% per annum.
The Board may include in its order appropriate sanctions
based upon the Board's rules and regulations. If the Board
finds that a party has made allegations or denials without
reasonable cause or has engaged in frivolous litigation for the
purpose of delay or needless increase in the cost of
litigation, it may order that party to pay the other party's
reasonable expenses, including costs and reasonable attorney's
fees. The State of Illinois and the Department shall be subject
to these sanctions in the same manner as other parties.
In case of the neglect or refusal of any person to obey a

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subpoena issued by the Board, any circuit court, upon
application of any member of the Board, may order such person
to appear before the Board and give testimony or produce
evidence, and any failure to obey such order is punishable by
the court as a contempt thereof.
The provisions of the Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for
the judicial review of any order of the Board rendered pursuant
to the provisions of this Section.
Notwithstanding the provisions of this Section, a policy
making officer, as defined in the Employee Rights Violation
Act, of the Department of State Police shall be discharged from
the Department of State Police as provided in the Employee
Rights Violation Act, enacted by the 85th General Assembly.
(Source: P.A. 96-891, eff. 5-10-10.)
(20 ILCS 2610/17c new)
Sec. 17c. Military equipment surplus program.
(a) For purposes of this Section:
"Bayonet" means a large knife designed to be attached to
the muzzle of a rifle, shotgun, or long gun for the purpose of
hand-to-hand combat.
"Grenade launcher" means a firearm or firearm accessory
designed to launch small explosive projectiles.
"Military equipment surplus program" means any federal or

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State program allowing a law enforcement agency to obtain
surplus military equipment including, but not limit to, any
program organized under Section 1122 of the National Defense
Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
Section 1033 of the National Defense Authorization Act for
Fiscal Year 1997 (Pub. L. 104-201), or any program established
under 10 U.S.C. 2576a.
"Tracked armored vehicle" means a vehicle that provides
ballistic protection to its occupants and utilizes a tracked
system installed of wheels for forward motion.
"Weaponized aircraft, vessel, or vehicle" means any
aircraft, vessel, or vehicle with weapons installed.
(b) The Illinois State Police shall not request or receive
from any military equipment surplus program nor purchase or
otherwise utilize the following equipment:
(1) tracked armored vehicles;
(2) weaponized aircraft, vessels, or vehicles;
(3) firearms of .50-caliber or higher;
(4) ammunition of .50-caliber or higher;
(5) grenade launchers; or
(6) bayonets.
(c) If the Illinois State Police request other property not
prohibited by this Section from a military equipment surplus
program, the Illinois State Police shall publish notice of the
request on a publicly accessible website maintained by the
Illinois State Police within 14 days after the request.

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Section 10-130. The Illinois Criminal Justice Information
Act is amended by adding Sections 7.7 and 7.8 as follows:
(20 ILCS 3930/7.7 new)
Sec. 7.7. Pretrial data collection.
(a) The Administrative Director of the Administrative
Officer of the Illinois Courts shall convene an oversight board
to be known as the Pretrial Practices Data Oversight Board to
oversee the collection and analysis of data regarding pretrial
practices in circuit court systems. The Board shall include,
but is not limited to, designees from the Administrative Office
of the Illinois Courts, the Illinois Criminal Justice
Information Authority, and other entities that possess
knowledge of pretrial practices and data collection issues.
Members of the Board shall serve without compensation.
(b) The Oversight Board shall:
(1) identify existing pretrial data collection
processes in local jurisdictions;
(2) define, gather and maintain records of pretrial
data relating to the topics listed in subsection (c) from
circuit clerks' offices, sheriff's departments, law
enforcement agencies, jails, pretrial departments,
probation department, State's Attorneys' offices, public
defenders' offices and other applicable criminal justice
system agencies;

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(3) identify resources necessary to systematically
collect and report data related to the topics listed in
subsections (c); and
(4) develop a plan to implement data collection
processes sufficient to collect data on the topics listed
in subsection (c) no later than one year after the
effective date of this amendatory Act of the 101st General
Assembly. The plan and, once implemented, the reports and
analysis shall be published and made publicly available on
the Administrative Office of the Illinois Courts (AOIC)
website.
(c) The Pretrial Practices Data Oversight Board shall
develop a strategy to collect quarterly, county-level data on
the following topics; which collection of data shall begin
starting one year after the effective date of this amendatory
Act of the 101st General Assembly:
(1) information on all persons arrested and charged
with misdemeanor or felony charges, or both, including
information on persons released directly from law
enforcement custody;
(2) information on the outcomes of pretrial conditions
and pretrial detention hearings in the county courts,
including but not limited to the number of hearings held,
the number of defendants detained, the number of defendants
released, and the number of defendants released with
electronic monitoring;

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(3) information regarding persons detained in the
county jail pretrial, including, but not limited to, the
number of persons detained in the jail pretrial and the
number detained in the jail for other reasons, the
demographics of the pretrial jail population, race, sex,
sexual orientation, gender identity,age, and ethnicity,
the charges including on which pretrial defendants are
detained, the average length of stay of pretrial
defendants;
(4) information regarding persons placed on electronic
monitoring programs pretrial, including, but not limited
to, the number of participants, the demographics of the
participant population, including race, sex, sexual
orientation, gender identity, age, and ethnicity, the
charges on which participants are ordered to the program,
and the average length of participation in the program;
(5) discharge data regarding persons detained pretrial
in the county jail, including, but not limited to, the
number who are sentenced to the Illinois Department of
Corrections, the number released after being sentenced to
time served, the number who are released on probation,
conditional discharge, or other community supervision, the
number found not guilty, the number whose cases are
dismissed, the number whose cases are dismissed as part of
diversion or deferred prosecution program, and the number
who are released pretrial after a hearing re-examining

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their pretrial detention;
(6) information on the pretrial rearrest of
individuals released pretrial, including the number
arrested and charged with a new misdemeanor offense while
released, the number arrested and charged with a new felony
offense while released, and the number arrested and charged
with a new forcible felony offense while released, and how
long after release these arrests occurred;
(7) information on the pretrial failure to appear rates
of individuals released pretrial, including the number who
missed one or more court dates, how many warrants for
failures to appear were issued, and how many individuals
were detained pretrial or placed on electronic monitoring
pretrial after a failure to appear in court;
(8) what, if any, validated pretrial risk assessment
tools are in use in each jurisdiction, and comparisons of
the pretrial release and pretrial detention decisions of
judges as compared to and the risk assessment scores of
individuals; and
(9) any other information the Pretrial Practices Data
Oversight Board considers important and probative of the
effectiveness of pretrial practices in the state of
Illinois. d) Circuit clerks' offices, sheriff's
departments, law enforcement agencies, jails, pretrial
departments, probation department, State's Attorneys'
offices, public defenders' offices and other applicable

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criminal justice system agencies are mandated to provide
data to the Administrative Office of the Illinois Courts as
described in subsection (c).
(20 ILCS 3930/7.8 new)
Sec. 7.8. Domestic Violence Pretrial Practices Working
Group.
(a) The Executive Director of the Illinois Criminal Justice
Information Authority shall convene a working group to research
and issue a report on current practices in pretrial domestic
violence courts throughout the state of Illinois.
(b) The working group shall include, but is not limited to,
designees from the Administrative Office of the Illinois
Courts, the Illinois Criminal Justice Information Authority,
Domestic Violence victims' advocates, formerly incarcerated
victims of violence, legal practitioners, and other entities
that possess knowledge of evidence-based practices surrounding
domestic violence and current pretrial practices in Illinois.
(c) The group shall meet quarterly and no later than 15
months after the effective date of this amendatory Act of the
101st General Assembly issue a preliminary report on the state
of current practice across the state in regards to pretrial
practices and domestic violence and no later than 15 months
after the release of the preliminary report, issue a final
report issuing recommendations for evidence-based improvements
to court procedures.

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(d) Members of the working group shall serve without
compensation.
Section 10-135. The Public Officer Prohibited Activities
Act is amended by adding Section 4.1 as follows:
(50 ILCS 105/4.1 new)
Sec. 4.1. Retaliation against a whistleblower.
(a) It is prohibited for a unit of local government, any
agent or representative of a unit of local government, or
another employee to retaliate against an employee or contractor
who:
(1) reports an improper governmental action under this
Section;
(2) cooperates with an investigation by an auditing
official related to a report of improper governmental
action; or
(3) testifies in a proceeding or prosecution arising
out of an improper governmental action.
(b) To invoke the protections of this Section, an employee
shall make a written report of improper governmental action to
the appropriate auditing official. An employee who believes he
or she has been retaliated against in violation of this Section
must submit a written report to the auditing official within 60
days of gaining knowledge of the retaliatory action. If the
auditing official is the individual doing the improper

10100SB1968ham001 - 60 - LRB101 08002 RLC 74920 a
governmental action, then a report under this subsection may be
submitted to any State's Attorney.
(c) Each auditing official shall establish written
processes and procedures for managing complaints filed under
this Section, and each auditing official shall investigate and
dispose of reports of improper governmental action in
accordance with these processes and procedures. If an auditing
official concludes that an improper governmental action has
taken place or concludes that the relevant unit of local
government, department, agency, or supervisory officials have
hindered the auditing official's investigation into the
report, the auditing official shall notify in writing the chief
executive of the unit of local government and any other
individual or entity the auditing official deems necessary in
the circumstances.
(d) An auditing official may transfer a report of improper
governmental action to another auditing official for
investigation if an auditing official deems it appropriate,
including, but not limited to, the appropriate State's
Attorney.
(e) To the extent allowed by law, the identity of an
employee reporting information about an improper governmental
action shall be kept confidential unless the employee waives
confidentiality in writing. Auditing officials may take
reasonable measures to protect employees who reasonably
believe they may be subject to bodily harm for reporting

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improper government action.
(f) The following remedies are available to employees
subjected to adverse actions for reporting improper government
action:
(1) Auditing officials may reinstate, reimburse for
lost wages or expenses incurred, promote, or provide some
other form of restitution.
(2) In instances where an auditing official determines
that restitution will not suffice, the auditing official
may make his or her investigation findings available for
the purposes of aiding in that employee or the employee's
attorney's effort to make the employee whole.
(g) A person who engages in prohibited retaliatory action
under subsection (a) is subject to the following penalties: a
fine of no less than $500 and no more than $5,000, suspension
without pay, demotion, discharge, civil or criminal
prosecution, or any combination of these penalties, as
appropriate.
(h) Every employee shall receive a written summary or a
complete copy of this Section upon commencement of employment
and at least once each year of employment. At the same time,
the employee shall also receive a copy of the written processes
and procedures for reporting improper governmental actions
from the applicable auditing official.
(i) As used in this Section:
"Auditing official" means any elected, appointed, or hired

10100SB1968ham001 - 62 - LRB101 08002 RLC 74920 a
individual, by whatever name, in a unit of local government
whose duties are similar to, but not limited to, receiving,
registering, and investigating complaints and information
concerning misconduct, inefficiency, and waste within the unit
of local government; investigating the performance of
officers, employees, functions, and programs; and promoting
economy, efficiency, effectiveness and integrity in the
administration of the programs and operations of the
municipality. If a unit of local government does not have an
"auditing official", the "auditing official" shall be a State's
Attorney of the county in which the unit of local government is
located within.
"Employee" means anyone employed by a unit of local
government, whether in a permanent or temporary position,
including full-time, part-time, and intermittent workers.
"Employee" also includes members of appointed boards or
commissions, whether or not paid. "Employee" also includes
persons who have been terminated because of any report or
complaint submitted under this Section.
"Improper governmental action" means any action by a unit
of local government employee, an appointed member of a board,
commission, or committee, or an elected official of the unit of
local government that is undertaken in violation of a federal,
State, or unit of local government law or rule; is an abuse of
authority; violates the public's trust or expectation of his or
her conduct; is of substantial and specific danger to the

10100SB1968ham001 - 63 - LRB101 08002 RLC 74920 a
public's health or safety; or is a gross waste of public funds.
The action need not be within the scope of the employee's,
elected official's, board member's, commission member's, or
committee member's official duties to be subject to a claim of
"improper governmental action". "Improper governmental action"
does not include a unit of local government personnel actions,
including, but not limited to employee grievances, complaints,
appointments, promotions, transfers, assignments,
reassignments, reinstatements, restorations, reemployment,
performance evaluations, reductions in pay, dismissals,
suspensions, demotions, reprimands, or violations of
collective bargaining agreements, except to the extent that the
action amounts to retaliation.
"Retaliate", "retaliation", or "retaliatory action" means
any adverse change in an employee's employment status or the
terms and conditions of employment that results from an
employee's protected activity under this Section. "Retaliatory
action" includes, but is not limited to, denial of adequate
staff to perform duties; frequent staff changes; frequent and
undesirable office changes; refusal to assign meaningful work;
unsubstantiated letters of reprimand or unsatisfactory
performance evaluations; demotion; reduction in pay; denial of
promotion; transfer or reassignment; suspension or dismissal;
or other disciplinary action made because of an employee's
protected activity under this Section.

10100SB1968ham001 - 64 - LRB101 08002 RLC 74920 a
Section 10-140. The Local Records Act is amended by
changing Section 3b as follows:
(50 ILCS 205/3b)
Sec. 3b. Arrest records and reports.
(a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
(1) Information that identifies the individual,
including the name, age, address, and photograph, when and
if available.
(2) Information detailing any charges relating to the
arrest.
(3) The time and location of the arrest.
(4) The name of the investigating or arresting law
enforcement agency.
(5) If the individual is incarcerated, the conditions
of pretrial release amount of any bail or bond.
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or
transferred from the arresting agency's custody.
(b) The information required by this Section must be made
available to the news media for inspection and copying as soon
as practicable, but in no event shall the time period exceed 72
hours from the arrest. The information described in paragraphs
(3), (4), (5), and (6) of subsection (a), however, may be

10100SB1968ham001 - 65 - LRB101 08002 RLC 74920 a
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.
(Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16.)
Section 10-141. The Local Records Act is amended by adding
Section 25 as follows:
(50 ILCS 205/25 new)
Sec. 25. Police misconduct records. Notwithstanding any
other provision of law to the contrary, all public records and
nonpublic records related to complaints, investigations, and
adjudications of police misconduct shall be permanently
retained and may not be destroyed.
Section 10-143. The Illinois Police Training Act is amended
by changing Sections 6, 6.2, 7, and 10.17 and by adding Section
10.6 as follows:
(50 ILCS 705/6) (from Ch. 85, par. 506)
Sec. 6. Powers and duties of the Board; selection and
certification of schools. The Board shall select and certify
schools within the State of Illinois for the purpose of
providing basic training for probationary police officers,
probationary county corrections officers, and court security
officers and of providing advanced or in-service training for
permanent police officers or permanent county corrections

10100SB1968ham001 - 67 - LRB101 08002 RLC 74920 a
officers, which schools may be either publicly or privately
owned and operated. In addition, the Board has the following
power and duties:
a. To require local governmental units to furnish such
reports and information as the Board deems necessary to
fully implement this Act.
b. To establish appropriate mandatory minimum
standards relating to the training of probationary local
law enforcement officers or probationary county
corrections officers, and in-service training of permanent
police officers.
c. To provide appropriate certification to those
probationary officers who successfully complete the
prescribed minimum standard basic training course.
d. To review and approve annual training curriculum for
county sheriffs.
e. To review and approve applicants to ensure that no
applicant is admitted to a certified academy unless the
applicant is a person of good character and has not been
convicted of, or entered a plea of guilty to, a felony
offense, any of the misdemeanors in Sections 11-1.50, 11-6,
11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
Criminal Code of 1961 or the Criminal Code of 2012,
subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
Criminal Code of 1961 or the Criminal Code of 2012, or

10100SB1968ham001 - 68 - LRB101 08002 RLC 74920 a
subsection (a) of Section 17-32 of the Criminal Code of
1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
the Cannabis Control Act, or a crime involving moral
turpitude under the laws of this State or any other state
which if committed in this State would be punishable as a
felony or a crime of moral turpitude. The Board may appoint
investigators who shall enforce the duties conferred upon
the Board by this Act.
f. To establish statewide standards for minimum
standards regarding regular mental health screenings for
probationary and permanent police officers, ensuring that
counseling sessions and screenings remain confidential.
(Source: P.A. 101-187, eff. 1-1-20.)
(50 ILCS 705/6.2)
Sec. 6.2. Officer professional conduct database.
(a) All law enforcement agencies shall notify the Board of
any final determination of willful violation of department or
agency policy, official misconduct, or violation of law when:
(1) the officer is discharged or dismissed as a result
of the violation; or
(2) the officer resigns during the course of an
investigation and after the officer has been served notice
that he or she is under investigation that is based on the
commission of any a Class 2 or greater felony or sex
offense.

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The agency shall report to the Board within 30 days of a
final decision of discharge or dismissal and final exhaustion
of any appeal, or resignation, and shall provide information
regarding the nature of the violation.
(b) Upon receiving notification from a law enforcement
agency, the Board must notify the law enforcement officer of
the report and his or her right to provide a statement
regarding the reported violation.
(c) The Board shall maintain a database readily available
to any chief administrative officer, or his or her designee, of
a law enforcement agency or any State's Attorney that shall
show each reported instance, including the name of the officer,
the nature of the violation, reason for the final decision of
discharge or dismissal, and any statement provided by the
officer.
(Source: P.A. 99-352, eff. 1-1-16.)
(50 ILCS 705/7) (from Ch. 85, par. 507)
Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which shall
include, but not be limited to, the following:
a. The curriculum for probationary police officers
which shall be offered by all certified schools shall
include, but not be limited to, courses of procedural
justice, arrest and use and control tactics, search and
seizure, including temporary questioning, civil rights,

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human rights, human relations, cultural competency,
including implicit bias and racial and ethnic sensitivity,
criminal law, law of criminal procedure, constitutional
and proper use of law enforcement authority, crisis
intervention training, vehicle and traffic law including
uniform and non-discriminatory enforcement of the Illinois
Vehicle Code, traffic control and accident investigation,
techniques of obtaining physical evidence, court
testimonies, statements, reports, firearms training,
training in the use of electronic control devices,
including the psychological and physiological effects of
the use of those devices on humans, first-aid (including
cardiopulmonary resuscitation), training in the
administration of opioid antagonists as defined in
paragraph (1) of subsection (e) of Section 5-23 of the
Substance Use Disorder Act, handling of juvenile
offenders, recognition of mental conditions and crises,
including, but not limited to, the disease of addiction,
which require immediate assistance and response and
methods to safeguard and provide assistance to a person in
need of mental treatment, recognition of abuse, neglect,
financial exploitation, and self-neglect of adults with
disabilities and older adults, as defined in Section 2 of
the Adult Protective Services Act, crimes against the
elderly, law of evidence, the hazards of high-speed police
vehicle chases with an emphasis on alternatives to the

10100SB1968ham001 - 71 - LRB101 08002 RLC 74920 a
high-speed chase, and physical training. The curriculum
shall include specific training in techniques for
immediate response to and investigation of cases of
domestic violence and of sexual assault of adults and
children, including cultural perceptions and common myths
of sexual assault and sexual abuse as well as interview
techniques that are age sensitive and are trauma informed,
victim centered, and victim sensitive. The curriculum
shall include training in techniques designed to promote
effective communication at the initial contact with crime
victims and ways to comprehensively explain to victims and
witnesses their rights under the Rights of Crime Victims
and Witnesses Act and the Crime Victims Compensation Act.
The curriculum shall also include training in effective
recognition of and responses to stress, trauma, and
post-traumatic stress experienced by police officers that
is consistent with Section 25 of the Illinois Mental Health
First Aid Training Act in a peer setting, including
recognizing signs and symptoms of work-related cumulative
stress, issues that may lead to suicide, and solutions for
intervention with peer support resources. The curriculum
shall include a block of instruction addressing the
mandatory reporting requirements under the Abused and
Neglected Child Reporting Act. The curriculum shall also
include a block of instruction aimed at identifying and
interacting with persons with autism and other

10100SB1968ham001 - 72 - LRB101 08002 RLC 74920 a
developmental or physical disabilities, reducing barriers
to reporting crimes against persons with autism, and
addressing the unique challenges presented by cases
involving victims or witnesses with autism and other
developmental disabilities. The curriculum shall include
training in the detection and investigation of all forms of
human trafficking. The curriculum shall also include
instruction in trauma-informed responses designed to
ensure the physical safety and well-being of a child of an
arrested parent or immediate family member; this
instruction must include, but is not limited to: (1)
understanding the trauma experienced by the child while
maintaining the integrity of the arrest and safety of
officers, suspects, and other involved individuals; (2)
de-escalation tactics that would include the use of force
when reasonably necessary; and (3) inquiring whether a
child will require supervision and care. The curriculum for
probationary police officers shall include: (1) at least 12
hours of hands-on, scenario-based role-playing; (2) at
least 6 hours of instruction on use of force techniques,
including the use of de-escalation techniques to prevent or
reduce the need for force whenever safe and feasible; (3)
specific training on officer safety techniques, including
cover, concealment, and time; and (4) at least 6 hours of
training focused on high-risk traffic stops. The
curriculum for permanent police officers shall include,

10100SB1968ham001 - 73 - LRB101 08002 RLC 74920 a
but not be limited to: (1) refresher and in-service
training in any of the courses listed above in this
subparagraph, (2) advanced courses in any of the subjects
listed above in this subparagraph, (3) training for
supervisory personnel, and (4) specialized training in
subjects and fields to be selected by the board. The
training in the use of electronic control devices shall be
conducted for probationary police officers, including
University police officers.
b. Minimum courses of study, attendance requirements
and equipment requirements.
c. Minimum requirements for instructors.
d. Minimum basic training requirements, which a
probationary police officer must satisfactorily complete
before being eligible for permanent employment as a local
law enforcement officer for a participating local
governmental agency. Those requirements shall include
training in first aid (including cardiopulmonary
resuscitation).
e. Minimum basic training requirements, which a
probationary county corrections officer must
satisfactorily complete before being eligible for
permanent employment as a county corrections officer for a
participating local governmental agency.
f. Minimum basic training requirements which a
probationary court security officer must satisfactorily

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

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their hire, unless a waiver has been obtained by the Board,
or they shall forfeit their positions.
The Sheriff's Merit Commission, if one exists, or the
Sheriff's Office if there is no Sheriff's Merit Commission,
shall maintain a list of all individuals who have filed
applications to become court security officers and who meet
the eligibility requirements established under this Act.
Either the Sheriff's Merit Commission, or the Sheriff's
Office if no Sheriff's Merit Commission exists, shall
establish a schedule of reasonable intervals for
verification of the applicants' qualifications under this
Act and as established by the Board.
g. Minimum in-service training requirements, which a
police officer must satisfactorily complete every 3 years.
Those requirements shall include constitutional and proper
use of law enforcement authority, procedural justice,
civil rights, human rights, mental health awareness and
response, officer wellness, reporting child abuse and
neglect, and cultural competency, including implicit bias
and racial and ethnic sensitivity.
h. Minimum in-service training requirements, which a
police officer must satisfactorily complete at least
annually. Those requirements shall include law updates,
emergency medical response training and certification,
crisis intervention training, and officer wellness and
mental health and use of force training which shall include

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scenario based training, or similar training approved by
the Board.
i. Minimum in-service training requirements as set
forth in Section 10.6.
(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;
100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
101-564, eff. 1-1-20; revised 9-10-19.)
(50 ILCS 705/10.6 new)
Sec. 10.6. Mandatory training to be completed every 3
years. The Board shall adopt rules and minimum standards for
in-service training requirements as set forth in this Section.
The training shall provide officers with knowledge of policies
and laws regulating the use of force; equip officers with
tactics and skills, including de-escalation techniques, to
prevent or reduce the need to use force or, when force must be
used, to use force that is objectively reasonable, necessary,
and proportional under the totality of the circumstances; and
ensure appropriate supervision and accountability. The
training shall consist of at least 30 hours of training every 3
years and shall include:
(1) At least 12 hours of hands-on, scenario-based
role-playing.
(2) At least 6 hours of instruction on use of force

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techniques, including the use of de-escalation techniques to
prevent or reduce the need for force whenever safe and
feasible.
(3) Specific training on the law concerning stops,
searches, and the use of force under the Fourth Amendment to
the United States Constitution.
(4) Specific training on officer safety techniques,
including cover, concealment, and time.
(5) At least 6 hours of training focused on high-risk
traffic stops.
(50 ILCS 705/10.17)
Sec. 10.17. Crisis intervention team training; mental
health awareness training.
(a) The Illinois Law Enforcement Training Standards Board
shall develop and approve a standard curriculum for certified
training programs in crisis intervention of at least 40 hours
addressing specialized policing responses to people with
mental illnesses. The Board shall conduct Crisis Intervention
Team (CIT) training programs that train officers to identify
signs and symptoms of mental illness, to de-escalate situations
involving individuals who appear to have a mental illness, and
connect that person in crisis to treatment. Crisis Intervention
Team (CIT) training programs shall be a collaboration between
law enforcement professionals, mental health providers,
families, and consumer advocates and must minimally include the

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following components: (1) basic information about mental
illnesses and how to recognize them; (2) information about
mental health laws and resources; (3) learning from family
members of individuals with mental illness and their
experiences; and (4) verbal de-escalation training and
role-plays. Officers who have successfully completed this
program shall be issued a certificate attesting to their
attendance of a Crisis Intervention Team (CIT) training
program.
(b) The Board shall create an introductory course
incorporating adult learning models that provides law
enforcement officers with an awareness of mental health issues
including a history of the mental health system, types of
mental health illness including signs and symptoms of mental
illness and common treatments and medications, and the
potential interactions law enforcement officers may have on a
regular basis with these individuals, their families, and
service providers including de-escalating a potential crisis
situation. This course, in addition to other traditional
learning settings, may be made available in an electronic
format.
(Source: P.A. 99-261, eff. 1-1-16; 99-642, eff. 7-28-16;
100-247, eff. 1-1-18.)
Section 10-145. The Law Enforcement Officer-Worn Body
Camera Act is amended by changing Sections 10-15, 10-20, and

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10-25 as follows:
(50 ILCS 706/10-15)
Sec. 10-15. Applicability.
(a) All Any law enforcement agencies must employ the use of
agency which employs the use of officer-worn body cameras in
accordance with is subject to the provisions of this Act,
whether or not the agency receives or has received monies from
the Law Enforcement Camera Grant Fund.
(b) All law enforcement agencies must implement the use of
body cameras for all law enforcement officers, according to the
following schedule:
(1) for municipalities and counties with populations
of 500,000 or more, body cameras shall be implemented by
January 1, 2022;
(2) for municipalities and counties with populations
of 100,000 or more but under 500,000, body cameras shall be
implemented by January 1, 2023;
(3) for municipalities and counties with populations
of 50,000 or more but under 100,000, body cameras shall be
implemented by January 1, 2024;
(4) for municipalities and counties under 50,000, body
cameras shall be implemented by January 1, 2025; and
(5) for the Department of State Police, body cameras
shall be implemented by January 1, 2025.
(c) A law enforcement agency's compliance with the

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requirements under this Section shall receive preference by the
Illinois Law Enforcement Training Standards Board in awarding
grant funding under the Law Enforcement Camera Grant Act.
(Source: P.A. 99-352, eff. 1-1-16.)
(50 ILCS 706/10-20)
Sec. 10-20. Requirements.
(a) The Board shall develop basic guidelines for the use of
officer-worn body cameras by law enforcement agencies. The
guidelines developed by the Board shall be the basis for the
written policy which must be adopted by each law enforcement
agency which employs the use of officer-worn body cameras. The
written policy adopted by the law enforcement agency must
include, at a minimum, all of the following:
(1) Cameras must be equipped with pre-event recording,
capable of recording at least the 30 seconds prior to
camera activation, unless the officer-worn body camera was
purchased and acquired by the law enforcement agency prior
to July 1, 2015.
(2) Cameras must be capable of recording for a period
of 10 hours or more, unless the officer-worn body camera
was purchased and acquired by the law enforcement agency
prior to July 1, 2015.
(3) Cameras must be turned on at all times when the
officer is in uniform and is responding to calls for
service or engaged in any law enforcement-related

10100SB1968ham001 - 81 - LRB101 08002 RLC 74920 a
encounter or activity, that occurs while the officer is on
duty.
(A) If exigent circumstances exist which prevent
the camera from being turned on, the camera must be
turned on as soon as practicable.
(B) Officer-worn body cameras may be turned off
when the officer is inside of a patrol car which is
equipped with a functioning in-car camera; however,
the officer must turn on the camera upon exiting the
patrol vehicle for law enforcement-related encounters.
(C) Officer-worn body cameras may be turned off
when the officer is inside a correctional facility
which is equipped with a functioning camera system.
(4) Cameras must be turned off when:
(A) the victim of a crime requests that the camera
be turned off, and unless impractical or impossible,
that request is made on the recording;
(B) a witness of a crime or a community member who
wishes to report a crime requests that the camera be
turned off, and unless impractical or impossible that
request is made on the recording; or
(C) the officer is interacting with a confidential
informant used by the law enforcement agency.
However, an officer may continue to record or resume
recording a victim or a witness, if exigent circumstances
exist, or if the officer has reasonable articulable

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suspicion that a victim or witness, or confidential
informant has committed or is in the process of committing
a crime. Under these circumstances, and unless impractical
or impossible, the officer must indicate on the recording
the reason for continuing to record despite the request of
the victim or witness.
(4.5) Cameras may be turned off when the officer is
engaged in community caretaking functions. However, the
camera must be turned on when the officer has reason to
believe that the person on whose behalf the officer is
performing a community caretaking function has committed
or is in the process of committing a crime. If exigent
circumstances exist which prevent the camera from being
turned on, the camera must be turned on as soon as
practicable.
(5) The officer must provide notice of recording to any
person if the person has a reasonable expectation of
privacy and proof of notice must be evident in the
recording. If exigent circumstances exist which prevent
the officer from providing notice, notice must be provided
as soon as practicable.
(6) (A) For the purposes of redaction, labeling, or
duplicating recordings, access to camera recordings shall
be restricted to only those personnel responsible for those
purposes. The recording officer and his or her supervisor
of the recording officer may access and review recordings

10100SB1968ham001 - 83 - LRB101 08002 RLC 74920 a
prior to completing incident reports or other
documentation, provided that the officer or his or her
supervisor discloses that fact in the report or
documentation.
(B) The recording officer's assigned field
training officer may access and review recordings for
training purposes. Any detective or investigator
directly involved in the investigation of a matter may
access and review recordings which pertain to that
investigation but may not have access to delete or
alter such recordings.
(7) Recordings made on officer-worn cameras must be
retained by the law enforcement agency or by the camera
vendor used by the agency, on a recording medium for a
period of 90 days.
(A) Under no circumstances shall any recording
made with an officer-worn body camera be altered,
erased, or destroyed prior to the expiration of the
90-day storage period.
(B) Following the 90-day storage period, any and
all recordings made with an officer-worn body camera
must be destroyed, unless any encounter captured on the
recording has been flagged. An encounter is deemed to
be flagged when:
(i) a formal or informal complaint has been
filed;

10100SB1968ham001 - 84 - LRB101 08002 RLC 74920 a
(ii) the officer discharged his or her firearm
or used force during the encounter;
(iii) death or great bodily harm occurred to
any person in the recording;
(iv) the encounter resulted in a detention or
an arrest, excluding traffic stops which resulted
in only a minor traffic offense or business
offense;
(v) the officer is the subject of an internal
investigation or otherwise being investigated for
possible misconduct;
(vi) the supervisor of the officer,
prosecutor, defendant, or court determines that
the encounter has evidentiary value in a criminal
prosecution; or
(vii) the recording officer requests that the
video be flagged for official purposes related to
his or her official duties.
(C) Under no circumstances shall any recording
made with an officer-worn body camera relating to a
flagged encounter be altered or destroyed prior to 2
years after the recording was flagged. If the flagged
recording was used in a criminal, civil, or
administrative proceeding, the recording shall not be
destroyed except upon a final disposition and order
from the court.

10100SB1968ham001 - 85 - LRB101 08002 RLC 74920 a
(8) Following the 90-day storage period, recordings
may be retained if a supervisor at the law enforcement
agency designates the recording for training purposes. If
the recording is designated for training purposes, the
recordings may be viewed by officers, in the presence of a
supervisor or training instructor, for the purposes of
instruction, training, or ensuring compliance with agency
policies.
(9) Recordings shall not be used to discipline law
enforcement officers unless:
(A) a formal or informal complaint of misconduct
has been made;
(B) a use of force incident has occurred;
(C) the encounter on the recording could result in
a formal investigation under the Uniform Peace
Officers' Disciplinary Act; or
(D) as corroboration of other evidence of
misconduct.
Nothing in this paragraph (9) shall be construed to
limit or prohibit a law enforcement officer from being
subject to an action that does not amount to discipline.
(10) The law enforcement agency shall ensure proper
care and maintenance of officer-worn body cameras. Upon
becoming aware, officers must as soon as practical document
and notify the appropriate supervisor of any technical
difficulties, failures, or problems with the officer-worn

10100SB1968ham001 - 86 - LRB101 08002 RLC 74920 a
body camera or associated equipment. Upon receiving
notice, the appropriate supervisor shall make every
reasonable effort to correct and repair any of the
officer-worn body camera equipment.
(11) No officer may hinder or prohibit any person, not
a law enforcement officer, from recording a law enforcement
officer in the performance of his or her duties in a public
place or when the officer has no reasonable expectation of
privacy. The law enforcement agency's written policy shall
indicate the potential criminal penalties, as well as any
departmental discipline, which may result from unlawful
confiscation or destruction of the recording medium of a
person who is not a law enforcement officer. However, an
officer may take reasonable action to maintain safety and
control, secure crime scenes and accident sites, protect
the integrity and confidentiality of investigations, and
protect the public safety and order.
(b) Recordings made with the use of an officer-worn body
camera are not subject to disclosure under the Freedom of
Information Act, except that:
(1) if the subject of the encounter has a reasonable
expectation of privacy, at the time of the recording, any
recording which is flagged, due to the filing of a
complaint, discharge of a firearm, use of force, arrest or
detention, or resulting death or bodily harm, shall be
disclosed in accordance with the Freedom of Information Act

10100SB1968ham001 - 87 - LRB101 08002 RLC 74920 a
if:
(A) the subject of the encounter captured on the
recording is a victim or witness; and
(B) the law enforcement agency obtains written
permission of the subject or the subject's legal
representative;
(2) except as provided in paragraph (1) of this
subsection (b), any recording which is flagged due to the
filing of a complaint, discharge of a firearm, use of
force, arrest or detention, or resulting death or bodily
harm shall be disclosed in accordance with the Freedom of
Information Act; and
(3) upon request, the law enforcement agency shall
disclose, in accordance with the Freedom of Information
Act, the recording to the subject of the encounter captured
on the recording or to the subject's attorney, or the
officer or his or her legal representative.
For the purposes of paragraph (1) of this subsection (b),
the subject of the encounter does not have a reasonable
expectation of privacy if the subject was arrested as a result
of the encounter. For purposes of subparagraph (A) of paragraph
(1) of this subsection (b), "witness" does not include a person
who is a victim or who was arrested as a result of the
encounter.
Only recordings or portions of recordings responsive to the
request shall be available for inspection or reproduction. Any

10100SB1968ham001 - 88 - LRB101 08002 RLC 74920 a
recording disclosed under the Freedom of Information Act shall
be redacted to remove identification of any person that appears
on the recording and is not the officer, a subject of the
encounter, or directly involved in the encounter. Nothing in
this subsection (b) shall require the disclosure of any
recording or portion of any recording which would be exempt
from disclosure under the Freedom of Information Act.
(c) Nothing in this Section shall limit access to a camera
recording for the purposes of complying with Supreme Court
rules or the rules of evidence.
(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
(50 ILCS 706/10-25)
Sec. 10-25. Reporting.
(a) Each law enforcement agency which employs the use of
officer-worn body cameras must provide an annual report on the
use of officer-worn body cameras to the Board, on or before May
1 of the year. The report shall include:
(1) a brief overview of the makeup of the agency,
including the number of officers utilizing officer-worn
body cameras;
(2) the number of officer-worn body cameras utilized by
the law enforcement agency;
(3) any technical issues with the equipment and how
those issues were remedied;
(4) a brief description of the review process used by

10100SB1968ham001 - 89 - LRB101 08002 RLC 74920 a
supervisors within the law enforcement agency;
(5) for each recording used in prosecutions of
conservation, criminal, or traffic offenses or municipal
ordinance violations:
(A) the time, date, location, and precinct of the
incident;
(B) the offense charged and the date charges were
filed; and
(6) any other information relevant to the
administration of the program.
(b) On or before July 30 of each year, the Board must
analyze the law enforcement agency reports and provide an
annual report to the General Assembly and the Governor.
(Source: P.A. 99-352, eff. 1-1-16.)
Section 10-147. The Uniform Crime Reporting Act is amended
by changing Sections 5-10, 5-12, and 5-20 and by adding Section
5-11 as follows:
(50 ILCS 709/5-10)
Sec. 5-10. Central repository of crime statistics. The
Department of State Police shall be a central repository and
custodian of crime statistics for the State and shall have all
the power necessary to carry out the purposes of this Act,
including the power to demand and receive cooperation in the
submission of crime statistics from all law enforcement

10100SB1968ham001 - 90 - LRB101 08002 RLC 74920 a
agencies. All data and information provided to the Department
under this Act must be provided in a manner and form prescribed
by the Department. On an annual basis, the Department shall
make available compilations of crime statistics and monthly
reporting required to be reported by each law enforcement
agency.
(Source: P.A. 99-352, eff. 1-1-16.)
(50 ILCS 709/5-11 new)
Sec. 5-11. FBI National Use of Force Database.The
Department shall participate in and regularly submit use of
force information to the Federal Bureau of Investigation (FBI)
National Use of Force Database. Within 90 days of the effective
date of this amendatory act, the Department shall promulgate
rules outlining the use of force information required for
submission to the Database, which shall be submitted monthly by
law enforcement agencies under Section 5-12.
(50 ILCS 709/5-12)
Sec. 5-12. Monthly reporting. All law enforcement agencies
shall submit to the Department of State Police on a monthly
basis the following:
(1) beginning January 1, 2016, a report on any
arrest-related death that shall include information
regarding the deceased, the officer, any weapon used by the
officer or the deceased, and the circumstances of the

10100SB1968ham001 - 91 - LRB101 08002 RLC 74920 a
incident. The Department shall submit on a quarterly basis
all information collected under this paragraph (1) to the
Illinois Criminal Justice Information Authority,
contingent upon updated federal guidelines regarding the
Uniform Crime Reporting Program;
(2) beginning January 1, 2017, a report on any instance
when a law enforcement officer discharges his or her
firearm causing a non-fatal injury to a person, during the
performance of his or her official duties or in the line of
duty;
(3) a report of incident-based information on hate
crimes including information describing the offense,
location of the offense, type of victim, offender, and bias
motivation. If no hate crime incidents occurred during a
reporting month, the law enforcement agency must submit a
no incident record, as required by the Department;
(4) a report on any incident of an alleged commission
of a domestic crime, that shall include information
regarding the victim, offender, date and time of the
incident, any injury inflicted, any weapons involved in the
commission of the offense, and the relationship between the
victim and the offender;
(5) data on an index of offenses selected by the
Department based on the seriousness of the offense,
frequency of occurrence of the offense, and likelihood of
being reported to law enforcement. The data shall include

10100SB1968ham001 - 92 - LRB101 08002 RLC 74920 a
the number of index crime offenses committed and number of
associated arrests; and
(6) data on offenses and incidents reported by schools
to local law enforcement. The data shall include offenses
defined as an attack against school personnel,
intimidation offenses, drug incidents, and incidents
involving weapons; .
(7) beginning on July 1, 2021, a report on any incident
where a law enforcement officer was dispatched to deal with
a person experiencing a mental health crisis or incident.
The report shall include the number of incidents, the level
of law enforcement response and the outcome of each
incident;
(8) beginning on July 1, 2021, a report on use of
force, including any action that resulted in the death or
serious bodily injury of a person or the discharge of a
firearm at or in the direction of a person. The report
shall include information required by the Department,
pursuant to Section 5-11 of this Act.
(Source: P.A. 99-352, eff. 1-1-16.)
(50 ILCS 709/5-20)
Sec. 5-20. Reporting compliance. The Department of State
Police shall annually report to the Illinois Law Enforcement
Training Standards Board and the Department of Revenue any law
enforcement agency not in compliance with the reporting

10100SB1968ham001 - 93 - LRB101 08002 RLC 74920 a
requirements under this Act. A law enforcement agency's
compliance with the reporting requirements under this Act shall
be a factor considered by the Illinois Law Enforcement Training
Standards Board in awarding grant funding under the Law
Enforcement Camera Grant Act, with preference to law
enforcement agencies which are in compliance with reporting
requirements under this Act.
(Source: P.A. 99-352, eff. 1-1-16.)
Section 10-150. The Uniform Peace Officers' Disciplinary
Act is amended by changing Sections 3.2, 3.4, and 3.8 as
follows:
(50 ILCS 725/3.2) (from Ch. 85, par. 2555)
Sec. 3.2. No officer shall be subjected to interrogation
without first being informed in writing of the nature of the
investigation. If an administrative proceeding is instituted,
the officer shall be informed beforehand of the names of all
complainants. The information shall be sufficient as to
reasonably apprise the officer of the nature of the
investigation.
(Source: P.A. 83-981.)
(50 ILCS 725/3.4) (from Ch. 85, par. 2557)
Sec. 3.4. The officer under investigation shall be informed
in writing of the name, rank and unit or command of the officer

10100SB1968ham001 - 94 - LRB101 08002 RLC 74920 a
in charge of the investigation, the interrogators, and all
persons who will be present on the behalf of the employer
during any interrogation except at a public administrative
proceeding. The officer under investigation shall inform the
employer of any person who will be present on his or her behalf
during any interrogation except at a public administrative
hearing.
(Source: P.A. 94-344, eff. 1-1-06.)
(50 ILCS 725/3.8) (from Ch. 85, par. 2561)
Sec. 3.8. Admissions; counsel; verified complaint.
(a) No officer shall be interrogated without first being
advised in writing that admissions made in the course of the
interrogation may be used as evidence of misconduct or as the
basis for charges seeking suspension, removal, or discharge;
and without first being advised in writing that he or she has
the right to counsel of his or her choosing who may be present
to advise him or her at any stage of any interrogation.
(b) It shall not be a requirement for a person Anyone
filing a complaint against a sworn peace officer to must have
the complaint supported by a sworn affidavit or any other legal
documentation. This ban on an affidavit requirement shall apply
to any collective bargaining agreements entered after the
effective date of this provision. Any complaint, having been
supported by a sworn affidavit, and having been found, in total
or in part, to contain knowingly false material information,

10100SB1968ham001 - 95 - LRB101 08002 RLC 74920 a
shall be presented to the appropriate State's Attorney for a
determination of prosecution.
(Source: P.A. 97-472, eff. 8-22-11.)
(50 ILCS 725/6 rep.)
Section 10-151. The Uniform Peace Officers' Disciplinary
Act is amended by repealing Section 6.
Section 10-155. The Police and Community Relations
Improvement Act is amended by adding Section 1-35 as follows:
(50 ILCS 727/1-35 new)
Sec. 1-35. Anonymous complaint policy.
(a)Any person may file notice of an anonymous complaint to
the Illinois Law Enforcement Training Standards Board of any
conduct the person believes a law enforcement officer has
committed as described in subsection (b) of Section 6.3 of the
Illinois Police Training Act. Notwithstanding any other
provision in state law or any collective bargaining agreement,
the Board shall accept notice and investigate any allegations
from individuals who remain anonymous.
(b)The Board shall complete a preliminary review of the
allegations to determine whether further investigation is
warranted. During the preliminary review, the Board will take
all reasonable steps to discover any and all objective
verifiable evidence relevant to the alleged violation through

10100SB1968ham001 - 96 - LRB101 08002 RLC 74920 a
the identification, retention, review, and analysis of all
available evidence, including, but not limited to: all
time-sensitive evidence, audio and video evidence, physical
evidence, arrest reports, photographic evidence, GPS records,
computer data, lab reports, medical documents, and witness
interviews. All reasonable steps will be taken to preserve
relevant evidence identified during the preliminary
investigation.
(c)If the Board determines that for an anonymous notice
there is objective verifiable evidence to support the
allegation or allegations, the Board shall complete a sworn
affidavit override to comply with subsection (b) of Section 3.8
of the Uniform Peace Officers' Disciplinary Act. The sworn
affidavit override shall be specified on a form to be
determined by the Board, including what evidence has been
reviewed and, in reliance upon that evidence, it shall be
affirmed that it is necessary and appropriate for the
investigation to continue. It shall forward that form and the
alleged violation in accordance with subsection (f) of Section
6.3 of the Illinois Police Training Act.
Section 10-160. The Counties Code is amended by changing
Sections 4-5001, 4-12001, and 4-12001.1 as follows:
(55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
Sec. 4-5001. Sheriffs; counties of first and second class.

10100SB1968ham001 - 97 - LRB101 08002 RLC 74920 a
The fees of sheriffs in counties of the first and second class,
except when increased by county ordinance under this Section,
shall be as follows:
For serving or attempting to serve summons on each
defendant in each county, $10.
For serving or attempting to serve an order or judgment
granting injunctive relief in each county, $10.
For serving or attempting to serve each garnishee in each
county, $10.
For serving or attempting to serve an order for replevin in
each county, $10.
For serving or attempting to serve an order for attachment
on each defendant in each county, $10.
For serving or attempting to serve a warrant of arrest, $8,
to be paid upon conviction.
For returning a defendant from outside the State of
Illinois, upon conviction, the court shall assess, as court
costs, the cost of returning a defendant to the jurisdiction.
For taking special bail, $1 in each county.
For serving or attempting to serve a subpoena on each
witness, in each county, $10.
For advertising property for sale, $5.
For returning each process, in each county, $5.
Mileage for each mile of necessary travel to serve any such
process as Stated above, calculating from the place of holding
court to the place of residence of the defendant, or witness,

10100SB1968ham001 - 98 - LRB101 08002 RLC 74920 a
50¢ each way.
For summoning each juror, $3 with 30¢ mileage each way in
all counties.
For serving or attempting to serve notice of judgments or
levying to enforce a judgment, $3 with 50¢ mileage each way in
all counties.
For taking possession of and removing property levied on,
the officer shall be allowed to tax the actual cost of such
possession or removal.
For feeding each prisoner, such compensation to cover the
actual cost as may be fixed by the county board, but such
compensation shall not be considered a part of the fees of the
office.
For attending before a court with prisoner, on an order for
habeas corpus, in each county, $10 per day.
For attending before a court with a prisoner in any
criminal proceeding, in each county, $10 per day.
For each mile of necessary travel in taking such prisoner
before the court as stated above, 15¢ a mile each way.
For serving or attempting to serve an order or judgment for
the possession of real estate in an action of ejectment or in
any other action, or for restitution in an eviction action
without aid, $10 and when aid is necessary, the sheriff shall
be allowed to tax in addition the actual costs thereof, and for
each mile of necessary travel, 50¢ each way.
For executing and acknowledging a deed of sale of real

10100SB1968ham001 - 99 - LRB101 08002 RLC 74920 a
estate, in counties of first class, $4; second class, $4.
For preparing, executing and acknowledging a deed on
redemption from a court sale of real estate in counties of
first class, $5; second class, $5.
For making certificates of sale, and making and filing
duplicate, in counties of first class, $3; in counties of the
second class, $3.
For making certificate of redemption, $3.
For certificate of levy and filing, $3, and the fee for
recording shall be advanced by the judgment creditor and
charged as costs.
For taking all civil bonds on legal process, civil and
criminal, in counties of first class, $1; in second class, $1.
For executing copies in criminal cases, $4 and mileage for
each mile of necessary travel, 20¢ each way.
For executing requisitions from other states, $5.
For conveying each prisoner from the prisoner's own county
to the jail of another county, or from another county to the
jail of the prisoner's county, per mile, for going, only, 30¢.
For conveying persons to the penitentiary, reformatories,
Illinois State Training School for Boys, Illinois State
Training School for Girls and Reception Centers, the following
fees, payable out of the State treasury. For each person who is
conveyed, 35¢ per mile in going only to the penitentiary,
reformatory, Illinois State Training School for Boys, Illinois
State Training School for Girls and Reception Centers, from the

10100SB1968ham001 - 100 - LRB101 08002 RLC 74920 a
place of conviction.
The fees provided for transporting persons to the
penitentiary, reformatories, Illinois State Training School
for Boys, Illinois State Training School for Girls and
Reception Centers shall be paid for each trip so made. Mileage
as used in this Section means the shortest practical route,
between the place from which the person is to be transported,
to the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls and
Reception Centers and all fees per mile shall be computed on
such basis.
For conveying any person to or from any of the charitable
institutions of the State, when properly committed by competent
authority, when one person is conveyed, 35¢ per mile; when two
persons are conveyed at the same time, 35¢ per mile for the
first person and 20¢ per mile for the second person; and 10¢
per mile for each additional person.
For conveying a person from the penitentiary to the county
jail when required by law, 35¢ per mile.
For attending Supreme Court, $10 per day.
In addition to the above fees there shall be allowed to the
sheriff a fee of $600 for the sale of real estate which is made
by virtue of any judgment of a court, except that in the case
of a sale of unimproved real estate which sells for $10,000 or
less, the fee shall be $150. In addition to this fee and all
other fees provided by this Section, there shall be allowed to

10100SB1968ham001 - 101 - LRB101 08002 RLC 74920 a
the sheriff a fee in accordance with the following schedule for
the sale of personal estate which is made by virtue of any
judgment of a court:
For judgments up to $1,000, $75;
For judgments from $1,001 to $15,000, $150;
For judgments over $15,000, $300.
The foregoing fees allowed by this Section are the maximum
fees that may be collected from any officer, agency, department
or other instrumentality of the State. The county board may,
however, by ordinance, increase the fees allowed by this
Section and collect those increased fees from all persons and
entities other than officers, agencies, departments and other
instrumentalities of the State if the increase is justified by
an acceptable cost study showing that the fees allowed by this
Section are not sufficient to cover the costs of providing the
service. A statement of the costs of providing each service,
program and activity shall be prepared by the county board. All
supporting documents shall be public records and subject to
public examination and audit. All direct and indirect costs, as
defined in the United States Office of Management and Budget
Circular A-87, may be included in the determination of the
costs of each service, program and activity.
In all cases where the judgment is settled by the parties,
replevied, stopped by injunction or paid, or where the property
levied upon is not actually sold, the sheriff shall be allowed
his fee for levying and mileage, together with half the fee for

10100SB1968ham001 - 102 - LRB101 08002 RLC 74920 a
all money collected by him which he would be entitled to if the
same was made by sale to enforce the judgment. In no case shall
the fee exceed the amount of money arising from the sale.
The fee requirements of this Section do not apply to police
departments or other law enforcement agencies. For the purposes
of this Section, "law enforcement agency" means an agency of
the State or unit of local government which is vested by law or
ordinance with the duty to maintain public order and to enforce
criminal laws.
(Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18.)
(55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
Sec. 4-12001. Fees of sheriff in third class counties. The
officers herein named, in counties of the third class, shall be
entitled to receive the fees herein specified, for the services
mentioned and such other fees as may be provided by law for
such other services not herein designated.
Fees for Sheriff
For serving or attempting to serve any summons on each
defendant, $35.
For serving or attempting to serve each alias summons or
other process mileage will be charged as hereinafter provided
when the address for service differs from the address for
service on the original summons or other process.
For serving or attempting to serve all other process, on
each defendant, $35.

10100SB1968ham001 - 103 - LRB101 08002 RLC 74920 a
For serving or attempting to serve a subpoena on each
witness, $35.
For serving or attempting to serve each warrant, $35.
For serving or attempting to serve each garnishee, $35.
For summoning each juror, $10.
For serving or attempting to serve each order or judgment
for replevin, $35.
For serving or attempting to serve an order for attachment,
on each defendant, $35.
For serving or attempting to serve an order or judgment for
the possession of real estate in an action of ejectment or in
any other action, or for restitution in an eviction action,
without aid, $35, and when aid is necessary, the sheriff shall
be allowed to tax in addition the actual costs thereof.
For serving or attempting to serve notice of judgment, $35.
For levying to satisfy an order in an action for
attachment, $25.
For executing order of court to seize personal property,
$25.
For making certificate of levy on real estate and filing or
recording same, $8, and the fee for filing or recording shall
be advanced by the plaintiff in attachment or by the judgment
creditor and taxed as costs. For taking possession of or
removing property levied on, the sheriff shall be allowed to
tax the necessary actual costs of such possession or removal.
For advertising property for sale, $20.

10100SB1968ham001 - 104 - LRB101 08002 RLC 74920 a
For making certificate of sale and making and filing
duplicate for record, $15, and the fee for recording same shall
be advanced by the judgment creditor and taxed as costs.
For preparing, executing and acknowledging deed on
redemption from a court sale of real estate, $15; for
preparing, executing and acknowledging all other deeds on sale
of real estate, $10.
For making and filing certificate of redemption, $15, and
the fee for recording same shall be advanced by party making
the redemption and taxed as costs.
For making and filing certificate of redemption from a
court sale, $11, and the fee for recording same shall be
advanced by the party making the redemption and taxed as costs.
For taking all bonds on legal process, $10.
For taking special bail, $5.
For returning each process, $15.
Mileage for service or attempted service of all process is
a $10 flat fee.
For attending before a court with a prisoner on an order
for habeas corpus, $9 per day.
For executing requisitions from other States, $13.
For conveying each prisoner from the prisoner's county to
the jail of another county, per mile for going only, 25¢.
For committing to or discharging each prisoner from jail,
$3.
For feeding each prisoner, such compensation to cover

10100SB1968ham001 - 105 - LRB101 08002 RLC 74920 a
actual costs as may be fixed by the county board, but such
compensation shall not be considered a part of the fees of the
office.
For committing each prisoner to jail under the laws of the
United States, to be paid by the marshal or other person
requiring his confinement, $3.
For feeding such prisoners per day, $3, to be paid by the
marshal or other person requiring the prisoner's confinement.
For discharging such prisoners, $3.
For conveying persons to the penitentiary, reformatories,
Illinois State Training School for Boys, Illinois State
Training School for Girls, Reception Centers and Illinois
Security Hospital, the following fees, payable out of the State
Treasury. When one person is conveyed, 20¢ per mile in going to
the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls,
Reception Centers and Illinois Security Hospital from the place
of conviction; when 2 persons are conveyed at the same time,
20¢ per mile for the first and 15¢ per mile for the second
person; when more than 2 persons are conveyed at the same time
as Stated above, the sheriff shall be allowed 20¢ per mile for
the first, 15¢ per mile for the second and 10¢ per mile for
each additional person.
The fees provided for herein for transporting persons to
the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls,

10100SB1968ham001 - 106 - LRB101 08002 RLC 74920 a
Reception Centers and Illinois Security Hospital, shall be paid
for each trip so made. Mileage as used in this Section means
the shortest route on a hard surfaced road, (either State Bond
Issue Route or Federal highways) or railroad, whichever is
shorter, between the place from which the person is to be
transported, to the penitentiary, reformatories, Illinois
State Training School for Boys, Illinois State Training School
for Girls, Reception Centers and Illinois Security Hospital,
and all fees per mile shall be computed on such basis.
In addition to the above fees, there shall be allowed to
the sheriff a fee of $900 for the sale of real estate which
shall be made by virtue of any judgment of a court. In addition
to this fee and all other fees provided by this Section, there
shall be allowed to the sheriff a fee in accordance with the
following schedule for the sale of personal estate which is
made by virtue of any judgment of a court:
For judgments up to $1,000, $100;
For judgments over $1,000 to $15,000, $300;
For judgments over $15,000, $500.
In all cases where the judgment is settled by the parties,
replevied, stopped by injunction or paid, or where the property
levied upon is not actually sold, the sheriff shall be allowed
the fee for levying and mileage, together with half the fee for
all money collected by him or her which he or she would be
entitled to if the same were made by sale in the enforcement of
a judgment. In no case shall the fee exceed the amount of money

10100SB1968ham001 - 107 - LRB101 08002 RLC 74920 a
arising from the sale.
The fee requirements of this Section do not apply to police
departments or other law enforcement agencies. For the purposes
of this Section, "law enforcement agency" means an agency of
the State or unit of local government which is vested by law or
ordinance with the duty to maintain public order and to enforce
criminal laws or ordinances.
The fee requirements of this Section do not apply to units
of local government or school districts.
(Source: P.A. 100-173, eff. 1-1-18.)
(55 ILCS 5/4-12001.1) (from Ch. 34, par. 4-12001.1)
Sec. 4-12001.1. Fees of sheriff in third class counties;
local governments and school districts. The officers herein
named, in counties of the third class, shall be entitled to
receive the fees herein specified from all units of local
government and school districts, for the services mentioned and
such other fees as may be provided by law for such other
services not herein designated.
Fees for Sheriff
For serving or attempting to serve any summons on each
defendant, $25.
For serving or attempting to serve each alias summons or
other process mileage will be charged as hereinafter provided
when the address for service differs from the address for
service on the original summons or other process.

10100SB1968ham001 - 108 - LRB101 08002 RLC 74920 a
For serving or attempting to serve all other process, on
each defendant, $25.
For serving or attempting to serve a subpoena on each
witness, $25.
For serving or attempting to serve each warrant, $25.
For serving or attempting to serve each garnishee, $25.
For summoning each juror, $4.
For serving or attempting to serve each order or judgment
for replevin, $25.
For serving or attempting to serve an order for attachment,
on each defendant, $25.
For serving or attempting to serve an order or judgment for
the possession of real estate in an action of ejectment or in
any other action, or for restitution in an eviction action,
without aid, $9, and when aid is necessary, the sheriff shall
be allowed to tax in addition the actual costs thereof.
For serving or attempting to serve notice of judgment, $25.
For levying to satisfy an order in an action for
attachment, $25.
For executing order of court to seize personal property,
$25.
For making certificate of levy on real estate and filing or
recording same, $3, and the fee for filing or recording shall
be advanced by the plaintiff in attachment or by the judgment
creditor and taxed as costs. For taking possession of or
removing property levied on, the sheriff shall be allowed to

10100SB1968ham001 - 109 - LRB101 08002 RLC 74920 a
tax the necessary actual costs of such possession or removal.
For advertising property for sale, $3.
For making certificate of sale and making and filing
duplicate for record, $3, and the fee for recording same shall
be advanced by the judgment creditor and taxed as costs.
For preparing, executing and acknowledging deed on
redemption from a court sale of real estate, $6; for preparing,
executing and acknowledging all other deeds on sale of real
estate, $4.
For making and filing certificate of redemption, $3.50, and
the fee for recording same shall be advanced by party making
the redemption and taxed as costs.
For making and filing certificate of redemption from a
court sale, $4.50, and the fee for recording same shall be
advanced by the party making the redemption and taxed as costs.
For taking all bonds on legal process, $2.
For taking special bail, $2.
For returning each process, $5.
Mileage for service or attempted service of all process is
a $10 flat fee.
For attending before a court with a prisoner on an order
for habeas corpus, $3.50 per day.
For executing requisitions from other States, $5.
For conveying each prisoner from the prisoner's county to
the jail of another county, per mile for going only, 25¢.
For committing to or discharging each prisoner from jail,

10100SB1968ham001 - 110 - LRB101 08002 RLC 74920 a
$1.
For feeding each prisoner, such compensation to cover
actual costs as may be fixed by the county board, but such
compensation shall not be considered a part of the fees of the
office.
For committing each prisoner to jail under the laws of the
United States, to be paid by the marshal or other person
requiring his confinement, $1.
For feeding such prisoners per day, $1, to be paid by the
marshal or other person requiring the prisoner's confinement.
For discharging such prisoners, $1.
For conveying persons to the penitentiary, reformatories,
Illinois State Training School for Boys, Illinois State
Training School for Girls, Reception Centers and Illinois
Security Hospital, the following fees, payable out of the State
Treasury. When one person is conveyed, 15¢ per mile in going to
the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls,
Reception Centers and Illinois Security Hospital from the place
of conviction; when 2 persons are conveyed at the same time,
15¢ per mile for the first and 10¢ per mile for the second
person; when more than 2 persons are conveyed at the same time
as stated above, the sheriff shall be allowed 15¢ per mile for
the first, 10¢ per mile for the second and 5¢ per mile for each
additional person.
The fees provided for herein for transporting persons to

10100SB1968ham001 - 111 - LRB101 08002 RLC 74920 a
the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls,
Reception Centers and Illinois Security Hospital, shall be paid
for each trip so made. Mileage as used in this Section means
the shortest route on a hard surfaced road, (either State Bond
Issue Route or Federal highways) or railroad, whichever is
shorter, between the place from which the person is to be
transported, to the penitentiary, reformatories, Illinois
State Training School for Boys, Illinois State Training School
for Girls, Reception Centers and Illinois Security Hospital,
and all fees per mile shall be computed on such basis.
In addition to the above fees, there shall be allowed to
the sheriff a fee of $600 for the sale of real estate which
shall be made by virtue of any judgment of a court. In addition
to this fee and all other fees provided by this Section, there
shall be allowed to the sheriff a fee in accordance with the
following schedule for the sale of personal estate which is
made by virtue of any judgment of a court:
For judgments up to $1,000, $90;
For judgments over $1,000 to $15,000, $275;
For judgments over $15,000, $400.
In all cases where the judgment is settled by the parties,
replevied, stopped by injunction or paid, or where the property
levied upon is not actually sold, the sheriff shall be allowed
the fee for levying and mileage, together with half the fee for
all money collected by him or her which he or she would be

10100SB1968ham001 - 112 - LRB101 08002 RLC 74920 a
entitled to if the same were made by sale in the enforcement of
a judgment. In no case shall the fee exceed the amount of money
arising from the sale.
All fees collected under Sections 4-12001 and 4-12001.1
must be used for public safety purposes only.
(Source: P.A. 100-173, eff. 1-1-18.)
Section 10-161. The Counties Code is amended by adding
Section 3-6041 as follows:
(55 ILCS 5/3-6041 new)
Sec. 3-6041. Military equipment surplus program.
(a) For purposes of this Section:
"Bayonet" means a large knife designed to be attached to
the muzzle of a rifle, shotgun, or long gun for the purpose of
hand-to-hand combat.
"Grenade launcher" means a firearm or firearm accessory
designed to launch small explosive projectiles.
"Military equipment surplus program" means any federal or
State program allowing a law enforcement agency to obtain
surplus military equipment including, but not limited to, any
program organized under Section 1122 of the National Defense
Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
Section 1033 of the National Defense Authorization Act for
Fiscal Year 1997 (Pub. L. 104-201) or any program established
under 10 U.S.C. 2576a.

10100SB1968ham001 - 113 - LRB101 08002 RLC 74920 a
"Tracked armored vehicle" means a vehicle that provides
ballistic protection to its occupants and utilizes a tracked
system installed of wheels for forward motion.
"Weaponized aircraft, vessel, or vehicle" means any
aircraft, vessel, or vehicle with weapons installed.
(b) A sheriff's department shall not request or receive
from any military equipment surplus program nor purchase or
otherwise utilize the following equipment:
(1) tracked armored vehicles;
(2) weaponized aircraft, vessels, or vehicles;
(3) firearms of .50-caliber or higher;
(4) ammunition of .50-caliber or higher;
(5) grenade launchers; or
(6) bayonets.
(c) A home rule county may not regulate the acquisition of
equipment in a manner inconsistent with this Section. This
Section is a limitation under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent
exercise by home rule counties of powers and functions
exercised by the State.
(d) If the sheriff requests property from a military
equipment surplus program, the sheriff shall publish notice of
the request on a publicly accessible website maintained by the
sheriff or the county within 14 days after the request.
Section 10-165. The Illinois Municipal Code is amended by

10100SB1968ham001 - 114 - LRB101 08002 RLC 74920 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.
"Grenade launcher" means a firearm or firearm accessory
designed to launch small explosive projectiles.
"Military equipment surplus program" means any federal or
state program allowing a law enforcement agency to obtain
surplus military equipment including, but not limit to, any
program organized under Section 1122 of the National Defense
Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
Section 1033 of the National Defense Authorization Act for
Fiscal Year 1997 (Pub. L. 104-201) or any program established
by the United States Department of Defense under 10 U.S.C.
2576a.
"Tracked armored vehicle" means a vehicle that provides
ballistic protection to its occupants and utilizes a tracked
system installed of wheels for forward motion.
"Weaponized aircraft, vessels, or vehicles" means any
aircraft, vessel, or vehicle with weapons installed.
(b) A police department shall not request or receive from
any military equipment surplus program nor purchase or

10100SB1968ham001 - 115 - LRB101 08002 RLC 74920 a
otherwise utilize the following equipment:
(1) tracked armored vehicles;
(2) weaponized aircraft, vessels, or vehicles;
(3) firearms of .50-caliber or higher;
(4) ammunition of .50-caliber or higher;
(5) grenade launchers, grenades, or similar
explosives; or
(6) bayonets.
(c) A home rule municipality may not regulate the
acquisition of equipment in a manner inconsistent with this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule municipalities of powers and
functions exercised by the State.
(d) If a police department requests other property not
prohibited from a military equipment surplus program, the
police department shall publish notice of the request on a
publicly accessible website maintained by the police
department or the municipality within 14 days after the
request.
(65 ILCS 5/1-2-12.1 rep.)
Section 10-170. The Illinois Municipal Code is amended by
repealing Section 1-2-12.1.
Section 10-175. The Campus Security Enhancement Act of 2008

10100SB1968ham001 - 116 - LRB101 08002 RLC 74920 a
is amended by changing Section 15 as follows:
(110 ILCS 12/15)
Sec. 15. Arrest reports.
(a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
(1) Information that identifies the individual,
including the name, age, address, and photograph, when and
if available.
(2) Information detailing any charges relating to the
arrest.
(3) The time and location of the arrest.
(4) The name of the investigating or arresting law
enforcement agency.
(5) If the individual is incarcerated, the conditions
of pretrial release amount of any bail or bond.
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or
transferred from the arresting agency's custody.
(b) The information required by this Section must be made
available to the news media for inspection and copying as soon
as practicable, but in no event shall the time period exceed 72
hours from the arrest. The information described in paragraphs
(3), (4), (5), and (6) of subsection (a), however, may be
withheld if it is determined that disclosure would:

10100SB1968ham001 - 117 - LRB101 08002 RLC 74920 a
(1) interfere with pending or actually and reasonably
contemplated law enforcement proceedings conducted by any
law enforcement or correctional agency;
(2) endanger the life or physical safety of law
enforcement or correctional personnel or any other person;
or
(3) compromise the security of any correctional
facility.
(c) For the purposes of this Section the term "news media"
means personnel of a newspaper or other periodical issued at
regular intervals whether in print or electronic format, a news
service whether in print or electronic format, a radio station,
a television station, a television network, a community antenna
television service, or a person or corporation engaged in
making news reels or other motion picture news for public
showing.
(d) Each law enforcement or correctional agency may charge
fees for arrest records, but in no instance may the fee exceed
the actual cost of copying and reproduction. The fees may not
include the cost of the labor used to reproduce the arrest
record.
(e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
92-335, eff. 8-10-01.)

10100SB1968ham001 - 118 - LRB101 08002 RLC 74920 a
Section 10-180. The Illinois Insurance Code is amended by
changing Sections 143.19, 143.19.1, and 205 as follows:
(215 ILCS 5/143.19) (from Ch. 73, par. 755.19)
Sec. 143.19. Cancellation of automobile insurance policy;
grounds. After a policy of automobile insurance as defined in
Section 143.13(a) has been effective for 60 days, or if such
policy is a renewal policy, the insurer shall not exercise its
option to cancel such policy except for one or more of the
following reasons:
a. Nonpayment of premium;
b. The policy was obtained through a material
misrepresentation;
c. Any insured violated any of the terms and conditions
of the policy;
d. The named insured failed to disclose fully his motor
vehicle accidents and moving traffic violations for the
preceding 36 months if called for in the application;
e. Any insured made a false or fraudulent claim or
knowingly aided or abetted another in the presentation of
such a claim;
f. The named insured or any other operator who either
resides in the same household or customarily operates an
automobile insured under such policy:
1. has, within the 12 months prior to the notice of

10100SB1968ham001 - 119 - LRB101 08002 RLC 74920 a
cancellation, had his driver's license under
suspension or revocation;
2. is or becomes subject to epilepsy or heart
attacks, and such individual does not produce a
certificate from a physician testifying to his
unqualified ability to operate a motor vehicle safely;
3. has an accident record, conviction record
(criminal or traffic), physical, or mental condition
which is such that his operation of an automobile might
endanger the public safety;
4. has, within the 36 months prior to the notice of
cancellation, been addicted to the use of narcotics or
other drugs; or
5. has been convicted, or violated conditions of
pretrial release forfeited bail, during the 36 months
immediately preceding the notice of cancellation, for
any felony, criminal negligence resulting in death,
homicide or assault arising out of the operation of a
motor vehicle, operating a motor vehicle while in an
intoxicated condition or while under the influence of
drugs, being intoxicated while in, or about, an
automobile or while having custody of an automobile,
leaving the scene of an accident without stopping to
report, theft or unlawful taking of a motor vehicle,
making false statements in an application for an
operator's or chauffeur's license or has been

10100SB1968ham001 - 120 - LRB101 08002 RLC 74920 a
convicted or pretrial release has been revoked
forfeited bail for 3 or more violations within the 12
months immediately preceding the notice of
cancellation, of any law, ordinance, or regulation
limiting the speed of motor vehicles or any of the
provisions of the motor vehicle laws of any state,
violation of which constitutes a misdemeanor, whether
or not the violations were repetitions of the same
offense or different offenses;
g. The insured automobile is:
1. so mechanically defective that its operation
might endanger public safety;
2. used in carrying passengers for hire or
compensation (the use of an automobile for a car pool
shall not be considered use of an automobile for hire
or compensation);
3. used in the business of transportation of
flammables or explosives;
4. an authorized emergency vehicle;
5. changed in shape or condition during the policy
period so as to increase the risk substantially; or
6. subject to an inspection law and has not been
inspected or, if inspected, has failed to qualify.
Nothing in this Section shall apply to nonrenewal.
(Source: P.A. 100-201, eff. 8-18-17.)

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(215 ILCS 5/143.19.1) (from Ch. 73, par. 755.19.1)
Sec. 143.19.1. Limits on exercise of right of nonrenewal.
After a policy of automobile insurance, as defined in Section
143.13, has been effective or renewed for 5 or more years, the
company shall not exercise its right of non-renewal unless:
a. The policy was obtained through a material
misrepresentation; or
b. Any insured violated any of the terms and conditions of
the policy; or
c. The named insured failed to disclose fully his motor
vehicle accidents and moving traffic violations for the
preceding 36 months, if such information is called for in the
application; or
d. Any insured made a false or fraudulent claim or
knowingly aided or abetted another in the presentation of such
a claim; or
e. The named insured or any other operator who either
resides in the same household or customarily operates an
automobile insured under such a policy:
1. Has, within the 12 months prior to the notice of
non-renewal had his drivers license under suspension or
revocation; or
2. Is or becomes subject to epilepsy or heart attacks,
and such individual does not produce a certificate from a
physician testifying to his unqualified ability to operate
a motor vehicle safely; or

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3. Has an accident record, conviction record (criminal
or traffic), or a physical or mental condition which is
such that his operation of an automobile might endanger the
public safety; or
4. Has, within the 36 months prior to the notice of
non-renewal, been addicted to the use of narcotics or other
drugs; or
5. Has been convicted or pretrial release has been
revoked forfeited bail, during the 36 months immediately
preceding the notice of non-renewal, for any felony,
criminal negligence resulting in death, homicide or
assault arising out of the operation of a motor vehicle,
operating a motor vehicle while in an intoxicated condition
or while under the influence of drugs, being intoxicated
while in or about an automobile or while having custody of
an automobile, leaving the scene of an accident without
stopping to report, theft or unlawful taking of a motor
vehicle, making false statements in an application for an
operators or chauffeurs license, or has been convicted or
pretrial release has been revoked forfeited bail for 3 or
more violations within the 12 months immediately preceding
the notice of non-renewal, of any law, ordinance or
regulation limiting the speed of motor vehicles or any of
the provisions of the motor vehicle laws of any state,
violation of which constitutes a misdemeanor, whether or
not the violations were repetitions of the same offense or

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different offenses; or
f. The insured automobile is:
1. So mechanically defective that its operation might
endanger public safety; or
2. Used in carrying passengers for hire or compensation
(the use of an automobile for a car pool shall not be
considered use of an automobile for hire or compensation);
or
3. Used in the business of transportation of flammables
or explosives; or
4. An authorized emergency vehicle; or
5. Changed in shape or condition during the policy
period so as to increase the risk substantially; or
6. Subject to an inspection law and it has not been
inspected or, if inspected, has failed to qualify; or
g. The notice of the intention not to renew is mailed to
the insured at least 60 days before the date of nonrenewal as
provided in Section 143.17.
(Source: P.A. 89-669, eff. 1-1-97.)
(215 ILCS 5/205) (from Ch. 73, par. 817)
Sec. 205. Priority of distribution of general assets.
(1) The priorities of distribution of general assets from
the company's estate is to be as follows:
(a) The costs and expenses of administration,
including, but not limited to, the following:

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(i) The reasonable expenses of the Illinois
Insurance Guaranty Fund, the Illinois Life and Health
Insurance Guaranty Association, and the Illinois
Health Maintenance Organization Guaranty Association
and of any similar organization in any other state,
including overhead, salaries, and other general
administrative expenses allocable to the receivership
(administrative and claims handling expenses and
expenses in connection with arrangements for ongoing
coverage), but excluding expenses incurred in the
performance of duties under Section 547 or similar
duties under the statute governing a similar
organization in another state. For property and
casualty insurance guaranty associations that guaranty
certain obligations of any member company as defined by
Section 534.5, expenses shall include, but not be
limited to, loss adjustment expenses, which shall
include adjusting and other expenses and defense and
cost containment expenses. The expenses of such
property and casualty guaranty associations, including
the Illinois Insurance Guaranty Fund, shall be
reimbursed as prescribed by Section 545, but shall be
subordinate to all other costs and expenses of
administration, including the expenses reimbursed
pursuant to subparagraph (ii) of this paragraph (a).
(ii) The expenses expressly approved or ratified

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by the Director as liquidator or rehabilitator,
including, but not limited to, the following:
(1) the actual and necessary costs of
preserving or recovering the property of the
insurer;
(2) reasonable compensation for all services
rendered on behalf of the administrative
supervisor or receiver;
(3) any necessary filing fees;
(4) the fees and mileage payable to witnesses;
(5) unsecured loans obtained by the receiver;
and
(6) expenses approved by the conservator or
rehabilitator of the insurer, if any, incurred in the
course of the conservation or rehabilitation that are
unpaid at the time of the entry of the order of
liquidation.
Any unsecured loan falling under item (5) of
subparagraph (ii) of this paragraph (a) shall have priority
over all other costs and expenses of administration, unless
the lender agrees otherwise. Absent agreement to the
contrary, all other costs and expenses of administration
shall be shared on a pro-rata basis, except for the
expenses of property and casualty guaranty associations,
which shall have a lower priority pursuant to subparagraph
(i) of this paragraph (a).

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(b) Secured claims, including claims for taxes and
debts due the federal or any state or local government,
that are secured by liens perfected prior to the filing of
the complaint.
(c) Claims for wages actually owing to employees for
services rendered within 3 months prior to the date of the
filing of the complaint, not exceeding $1,000 to each
employee unless there are claims due the federal government
under paragraph (f), then the claims for wages shall have a
priority of distribution immediately following that of
federal claims under paragraph (f) and immediately
preceding claims of general creditors under paragraph (g).
(d) Claims by policyholders, beneficiaries, and
insureds, under insurance policies, annuity contracts, and
funding agreements, liability claims against insureds
covered under insurance policies and insurance contracts
issued by the company, claims of obligees (and, subject to
the discretion of the receiver, completion contractors)
under surety bonds and surety undertakings (not to include
bail bonds, mortgage or financial guaranty, or other forms
of insurance offering protection against investment risk),
claims by principals under surety bonds and surety
undertakings for wrongful dissipation of collateral by the
insurer or its agents, and claims incurred during any
extension of coverage provided under subsection (5) of
Section 193, and claims of the Illinois Insurance Guaranty

10100SB1968ham001 - 127 - LRB101 08002 RLC 74920 a
Fund, the Illinois Life and Health Insurance Guaranty
Association, the Illinois Health Maintenance Organization
Guaranty Association, and any similar organization in
another state as prescribed in Section 545. For purposes of
this Section, "funding agreement" means an agreement
whereby an insurer authorized to write business under Class
1 of Section 4 of this Code may accept and accumulate funds
and make one or more payments at future dates in amounts
that are not based upon mortality or morbidity
contingencies.
(e) Claims by policyholders, beneficiaries, and
insureds, the allowed values of which were determined by
estimation under paragraph (b) of subsection (4) of Section
209.
(f) Any other claims due the federal government.
(g) All other claims of general creditors not falling
within any other priority under this Section including
claims for taxes and debts due any state or local
government which are not secured claims and claims for
attorneys' fees incurred by the company in contesting its
conservation, rehabilitation, or liquidation.
(h) Claims of guaranty fund certificate holders,
guaranty capital shareholders, capital note holders, and
surplus note holders.
(i) Proprietary claims of shareholders, members, or
other owners.

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Every claim under a written agreement, statute, or rule
providing that the assets in a separate account are not
chargeable with the liabilities arising out of any other
business of the insurer shall be satisfied out of the funded
assets in the separate account equal to, but not to exceed, the
reserves maintained in the separate account under the separate
account agreement, and to the extent, if any, the claim is not
fully discharged thereby, the remainder of the claim shall be
treated as a priority level (d) claim under paragraph (d) of
this subsection to the extent that reserves have been
established in the insurer's general account pursuant to
statute, rule, or the separate account agreement.
For purposes of this provision, "separate account
policies, contracts, or agreements" means any policies,
contracts, or agreements that provide for separate accounts as
contemplated by Section 245.21.
To the extent that any assets of an insurer, other than
those assets properly allocated to and maintained in a separate
account, have been used to fund or pay any expenses, taxes, or
policyholder benefits that are attributable to a separate
account policy, contract, or agreement that should have been
paid by a separate account prior to the commencement of
receivership proceedings, then upon the commencement of
receivership proceedings, the separate accounts that benefited
from this payment or funding shall first be used to repay or
reimburse the company's general assets or account for any

10100SB1968ham001 - 129 - LRB101 08002 RLC 74920 a
unreimbursed net sums due at the commencement of receivership
proceedings prior to the application of the separate account
assets to the satisfaction of liabilities or the corresponding
separate account policies, contracts, and agreements.
To the extent, if any, reserves or assets maintained in the
separate account are in excess of the amounts needed to satisfy
claims under the separate account contracts, the excess shall
be treated as part of the general assets of the insurer's
estate.
(2) Within 120 days after the issuance of an Order of
Liquidation with a finding of insolvency against a domestic
company, the Director shall make application to the court
requesting authority to disburse funds to the Illinois
Insurance Guaranty Fund, the Illinois Life and Health Insurance
Guaranty Association, the Illinois Health Maintenance
Organization Guaranty Association, and similar organizations
in other states from time to time out of the company's
marshaled assets as funds become available in amounts equal to
disbursements made by the Illinois Insurance Guaranty Fund, the
Illinois Life and Health Insurance Guaranty Association, the
Illinois Health Maintenance Organization Guaranty Association,
and similar organizations in other states for covered claims
obligations on the presentation of evidence that such
disbursements have been made by the Illinois Insurance Guaranty
Fund, the Illinois Life and Health Insurance Guaranty
Association, the Illinois Health Maintenance Organization

10100SB1968ham001 - 130 - LRB101 08002 RLC 74920 a
Guaranty Association, and similar organizations in other
states.
The Director shall establish procedures for the ratable
allocation and distribution of disbursements to the Illinois
Insurance Guaranty Fund, the Illinois Life and Health Insurance
Guaranty Association, the Illinois Health Maintenance
Organization Guaranty Association, and similar organizations
in other states. In determining the amounts available for
disbursement, the Director shall reserve sufficient assets for
the payment of the expenses of administration described in
paragraph (1)(a) of this Section. All funds available for
disbursement after the establishment of the prescribed reserve
shall be promptly distributed. As a condition to receipt of
funds in reimbursement of covered claims obligations, the
Director shall secure from the Illinois Insurance Guaranty
Fund, the Illinois Life and Health Insurance Guaranty
Association, the Illinois Health Maintenance Organization
Guaranty Association, and each similar organization in other
states, an agreement to return to the Director on demand funds
previously received as may be required to pay claims of secured
creditors and claims falling within the priorities established
in paragraphs (a), (b), (c), and (d) of subsection (1) of this
Section in accordance with such priorities.
(3) The changes made in this Section by this amendatory Act
of the 100th General Assembly apply to all liquidation,
rehabilitation, or conservation proceedings that are pending

10100SB1968ham001 - 131 - LRB101 08002 RLC 74920 a
on the effective date of this amendatory Act of the 100th
General Assembly and to all future liquidation,
rehabilitation, or conservation proceedings.
(4) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 100-410, eff. 8-25-17.)
Section 10-185. The Illinois Gambling Act is amended by
changing Section 5.1 as follows:
(230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
Sec. 5.1. Disclosure of records.
(a) Notwithstanding any applicable statutory provision to
the contrary, the Board shall, on written request from any
person, provide information furnished by an applicant or
licensee concerning the applicant or licensee, his products,
services or gambling enterprises and his business holdings, as
follows:
(1) The name, business address and business telephone
number of any applicant or licensee.
(2) An identification of any applicant or licensee
including, if an applicant or licensee is not an
individual, the names and addresses of all stockholders and
directors, if the entity is a corporation; the names and
addresses of all members, if the entity is a limited
liability company; the names and addresses of all partners,

10100SB1968ham001 - 132 - LRB101 08002 RLC 74920 a
both general and limited, if the entity is a partnership;
and the names and addresses of all beneficiaries, if the
entity is a trust. If an applicant or licensee has a
pending registration statement filed with the Securities
and Exchange Commission, only the names of those persons or
entities holding interest of 5% or more must be provided.
(3) An identification of any business, including, if
applicable, the state of incorporation or registration, in
which an applicant or licensee or an applicant's or
licensee's spouse or children has an equity interest of
more than 1%. If an applicant or licensee is a corporation,
partnership or other business entity, the applicant or
licensee shall identify any other corporation, partnership
or business entity in which it has an equity interest of 1%
or more, including, if applicable, the state of
incorporation or registration. This information need not
be provided by a corporation, partnership or other business
entity that has a pending registration statement filed with
the Securities and Exchange Commission.
(4) Whether an applicant or licensee has been indicted,
convicted, pleaded guilty or nolo contendere, or pretrial
release has been revoked forfeited bail concerning any
criminal offense under the laws of any jurisdiction, either
felony or misdemeanor (except for traffic violations),
including the date, the name and location of the court,
arresting agency and prosecuting agency, the case number,

10100SB1968ham001 - 133 - LRB101 08002 RLC 74920 a
the offense, the disposition and the location and length of
incarceration.
(5) Whether an applicant or licensee has had any
license or certificate issued by a licensing authority in
Illinois or any other jurisdiction denied, restricted,
suspended, revoked or not renewed and a statement
describing the facts and circumstances concerning the
denial, restriction, suspension, revocation or
non-renewal, including the licensing authority, the date
each such action was taken, and the reason for each such
action.
(6) Whether an applicant or licensee has ever filed or
had filed against it a proceeding in bankruptcy or has ever
been involved in any formal process to adjust, defer,
suspend or otherwise work out the payment of any debt
including the date of filing, the name and location of the
court, the case and number of the disposition.
(7) Whether an applicant or licensee has filed, or been
served with a complaint or other notice filed with any
public body, regarding the delinquency in the payment of,
or a dispute over the filings concerning the payment of,
any tax required under federal, State or local law,
including the amount, type of tax, the taxing agency and
time periods involved.
(8) A statement listing the names and titles of all
public officials or officers of any unit of government, and

10100SB1968ham001 - 134 - LRB101 08002 RLC 74920 a
relatives of said public officials or officers who,
directly or indirectly, own any financial interest in, have
any beneficial interest in, are the creditors of or hold
any debt instrument issued by, or hold or have any interest
in any contractual or service relationship with, an
applicant or licensee.
(9) Whether an applicant or licensee has made, directly
or indirectly, any political contribution, or any loans,
donations or other payments, to any candidate or office
holder, within 5 years from the date of filing the
application, including the amount and the method of
payment.
(10) The name and business telephone number of the
counsel representing an applicant or licensee in matters
before the Board.
(11) A description of any proposed or approved gambling
operation, including the type of boat, home dock, or casino
or gaming location, expected economic benefit to the
community, anticipated or actual number of employees, any
statement from an applicant or licensee regarding
compliance with federal and State affirmative action
guidelines, projected or actual admissions and projected
or actual adjusted gross gaming receipts.
(12) A description of the product or service to be
supplied by an applicant for a supplier's license.
(b) Notwithstanding any applicable statutory provision to

10100SB1968ham001 - 135 - LRB101 08002 RLC 74920 a
the contrary, the Board shall, on written request from any
person, also provide the following information:
(1) The amount of the wagering tax and admission tax
paid daily to the State of Illinois by the holder of an
owner's license.
(2) Whenever the Board finds an applicant for an
owner's license unsuitable for licensing, a copy of the
written letter outlining the reasons for the denial.
(3) Whenever the Board has refused to grant leave for
an applicant to withdraw his application, a copy of the
letter outlining the reasons for the refusal.
(c) Subject to the above provisions, the Board shall not
disclose any information which would be barred by:
(1) Section 7 of the Freedom of Information Act; or
(2) The statutes, rules, regulations or
intergovernmental agreements of any jurisdiction.
(d) The Board may assess fees for the copying of
information in accordance with Section 6 of the Freedom of
Information Act.
(Source: P.A. 101-31, eff. 6-28-19.)
Section 10-187. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Section 7.5 as follows:
(410 ILCS 70/7.5)
Sec. 7.5. Prohibition on billing sexual assault survivors

10100SB1968ham001 - 136 - LRB101 08002 RLC 74920 a
directly for certain services; written notice; billing
protocols.
(a) A hospital, approved pediatric health care facility,
health care professional, ambulance provider, laboratory, or
pharmacy furnishing medical forensic services, transportation,
follow-up healthcare, or medication to a sexual assault
survivor shall not:
(1) charge or submit a bill for any portion of the
costs of the services, transportation, or medications to
the sexual assault survivor, including any insurance
deductible, co-pay, co-insurance, denial of claim by an
insurer, spenddown, or any other out-of-pocket expense;
(2) communicate with, harass, or intimidate the sexual
assault survivor for payment of services, including, but
not limited to, repeatedly calling or writing to the sexual
assault survivor and threatening to refer the matter to a
debt collection agency or to an attorney for collection,
enforcement, or filing of other process;
(3) refer a bill to a collection agency or attorney for
collection action against the sexual assault survivor;
(4) contact or distribute information to affect the
sexual assault survivor's credit rating; or
(5) take any other action adverse to the sexual assault
survivor or his or her family on account of providing
services to the sexual assault survivor.
(b) Nothing in this Section precludes a hospital, health

10100SB1968ham001 - 137 - LRB101 08002 RLC 74920 a
care provider, ambulance provider, laboratory, or pharmacy
from billing the sexual assault survivor or any applicable
health insurance or coverage for inpatient services.
(c) Every hospital and approved pediatric health care
facility providing treatment services to sexual assault
survivors in accordance with a plan approved under Section 2 of
this Act shall provide a written notice to a sexual assault
survivor. The written notice must include, but is not limited
to, the following:
(1) a statement that the sexual assault survivor should
not be directly billed by any ambulance provider providing
transportation services, or by any hospital, approved
pediatric health care facility, health care professional,
laboratory, or pharmacy for the services the sexual assault
survivor received as an outpatient at the hospital or
approved pediatric health care facility;
(2) a statement that a sexual assault survivor who is
admitted to a hospital may be billed for inpatient services
provided by a hospital, health care professional,
laboratory, or pharmacy;
(3) a statement that prior to leaving the hospital or
approved pediatric health care facility, the hospital or
approved pediatric health care facility will give the
sexual assault survivor a sexual assault services voucher
for follow-up healthcare if the sexual assault survivor is
eligible to receive a sexual assault services voucher;

10100SB1968ham001 - 138 - LRB101 08002 RLC 74920 a
(4) the definition of "follow-up healthcare" as set
forth in Section 1a of this Act;
(5) a phone number the sexual assault survivor may call
should the sexual assault survivor receive a bill from the
hospital or approved pediatric health care facility for
medical forensic services;
(6) the toll-free phone number of the Office of the
Illinois Attorney General, Crime Victim Services Division,
which the sexual assault survivor may call should the
sexual assault survivor receive a bill from an ambulance
provider, approved pediatric health care facility, a
health care professional, a laboratory, or a pharmacy.
This subsection (c) shall not apply to hospitals that
provide transfer services as defined under Section 1a of this
Act.
(d) Within 60 days after the effective date of this
amendatory Act of the 99th General Assembly, every health care
professional, except for those employed by a hospital or
hospital affiliate, as defined in the Hospital Licensing Act,
or those employed by a hospital operated under the University
of Illinois Hospital Act, who bills separately for medical or
forensic services must develop a billing protocol that ensures
that no survivor of sexual assault will be sent a bill for any
medical forensic services and submit the billing protocol to
the Crime Victim Services Division of the Office of the
Attorney General for approval. Within 60 days after the

10100SB1968ham001 - 139 - LRB101 08002 RLC 74920 a
commencement of the provision of medical forensic services,
every health care professional, except for those employed by a
hospital or hospital affiliate, as defined in the Hospital
Licensing Act, or those employed by a hospital operated under
the University of Illinois Hospital Act, who bills separately
for medical or forensic services must develop a billing
protocol that ensures that no survivor of sexual assault is
sent a bill for any medical forensic services and submit the
billing protocol to the Crime Victim Services Division of the
Office of the Attorney General for approval. Health care
professionals who bill as a legal entity may submit a single
billing protocol for the billing entity.
Within 60 days after the Department's approval of a
treatment plan, an approved pediatric health care facility and
any health care professional employed by an approved pediatric
health care facility must develop a billing protocol that
ensures that no survivor of sexual assault is sent a bill for
any medical forensic services and submit the billing protocol
to the Crime Victim Services Division of the Office of the
Attorney General for approval.
The billing protocol must include at a minimum:
(1) a description of training for persons who prepare
bills for medical and forensic services;
(2) a written acknowledgement signed by a person who
has completed the training that the person will not bill
survivors of sexual assault;

10100SB1968ham001 - 140 - LRB101 08002 RLC 74920 a
(3) prohibitions on submitting any bill for any portion
of medical forensic services provided to a survivor of
sexual assault to a collection agency;
(4) prohibitions on taking any action that would
adversely affect the credit of the survivor of sexual
assault;
(5) the termination of all collection activities if the
protocol is violated; and
(6) the actions to be taken if a bill is sent to a
collection agency or the failure to pay is reported to any
credit reporting agency.
The Crime Victim Services Division of the Office of the
Attorney General may provide a sample acceptable billing
protocol upon request.
The Office of the Attorney General shall approve a proposed
protocol if it finds that the implementation of the protocol
would result in no survivor of sexual assault being billed or
sent a bill for medical forensic services.
If the Office of the Attorney General determines that
implementation of the protocol could result in the billing of a
survivor of sexual assault for medical forensic services, the
Office of the Attorney General shall provide the health care
professional or approved pediatric health care facility with a
written statement of the deficiencies in the protocol. The
health care professional or approved pediatric health care
facility shall have 30 days to submit a revised billing

10100SB1968ham001 - 141 - LRB101 08002 RLC 74920 a
protocol addressing the deficiencies to the Office of the
Attorney General. The health care professional or approved
pediatric health care facility shall implement the protocol
upon approval by the Crime Victim Services Division of the
Office of the Attorney General.
The health care professional or approved pediatric health
care facility shall submit any proposed revision to or
modification of an approved billing protocol to the Crime
Victim Services Division of the Office of the Attorney General
for approval. The health care professional or approved
pediatric health care facility shall implement the revised or
modified billing protocol upon approval by the Crime Victim
Services Division of the Office of the Illinois Attorney
General.
(e) This Section is effective on and after July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
Section 10-190. The Illinois Vehicle Code is amended by
changing Sections 6-204, 6-206, 6-308, 6-500, 6-601, and 16-103
as follows:
(625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
Sec. 6-204. When court to forward license and reports.
(a) For the purpose of providing to the Secretary of State
the records essential to the performance of the Secretary's
duties under this Code to cancel, revoke or suspend the

10100SB1968ham001 - 142 - LRB101 08002 RLC 74920 a
driver's license and privilege to drive motor vehicles of
certain minors and of persons found guilty of the criminal
offenses or traffic violations which this Code recognizes as
evidence relating to unfitness to safely operate motor
vehicles, the following duties are imposed upon public
officials:
(1) Whenever any person is convicted of any offense for
which this Code makes mandatory the cancellation or
revocation of the driver's license or permit of such person
by the Secretary of State, the judge of the court in which
such conviction is had shall require the surrender to the
clerk of the court of all driver's licenses or permits then
held by the person so convicted, and the clerk of the court
shall, within 5 days thereafter, forward the same, together
with a report of such conviction, to the Secretary.
(2) Whenever any person is convicted of any offense
under this Code or similar offenses under a municipal
ordinance, other than regulations governing standing,
parking or weights of vehicles, and excepting the following
enumerated Sections of this Code: Sections 11-1406
(obstruction to driver's view or control), 11-1407
(improper opening of door into traffic), 11-1410 (coasting
on downgrade), 11-1411 (following fire apparatus),
11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
vehicle which is in unsafe condition or improperly
equipped), 12-201(a) (daytime lights on motorcycles),

10100SB1968ham001 - 143 - LRB101 08002 RLC 74920 a
12-202 (clearance, identification and side marker lamps),
12-204 (lamp or flag on projecting load), 12-205 (failure
to display the safety lights required), 12-401
(restrictions as to tire equipment), 12-502 (mirrors),
12-503 (windshields must be unobstructed and equipped with
wipers), 12-601 (horns and warning devices), 12-602
(mufflers, prevention of noise or smoke), 12-603 (seat
safety belts), 12-702 (certain vehicles to carry flares or
other warning devices), 12-703 (vehicles for oiling roads
operated on highways), 12-710 (splash guards and
replacements), 13-101 (safety tests), 15-101 (size, weight
and load), 15-102 (width), 15-103 (height), 15-104 (name
and address on second division vehicles), 15-107 (length of
vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights),
15-112 (weights), 15-301 (weights), 15-316 (weights),
15-318 (weights), and also excepting the following
enumerated Sections of the Chicago Municipal Code:
Sections 27-245 (following fire apparatus), 27-254
(obstruction of traffic), 27-258 (driving vehicle which is
in unsafe condition), 27-259 (coasting on downgrade),
27-264 (use of horns and signal devices), 27-265
(obstruction to driver's view or driver mechanism), 27-267
(dimming of headlights), 27-268 (unattended motor
vehicle), 27-272 (illegal funeral procession), 27-273
(funeral procession on boulevard), 27-275 (driving freight
hauling vehicles on boulevard), 27-276 (stopping and

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standing of buses or taxicabs), 27-277 (cruising of public
passenger vehicles), 27-305 (parallel parking), 27-306
(diagonal parking), 27-307 (parking not to obstruct
traffic), 27-308 (stopping, standing or parking
regulated), 27-311 (parking regulations), 27-312 (parking
regulations), 27-313 (parking regulations), 27-314
(parking regulations), 27-315 (parking regulations),
27-316 (parking regulations), 27-317 (parking
regulations), 27-318 (parking regulations), 27-319
(parking regulations), 27-320 (parking regulations),
27-321 (parking regulations), 27-322 (parking
regulations), 27-324 (loading and unloading at an angle),
27-333 (wheel and axle loads), 27-334 (load restrictions in
the downtown district), 27-335 (load restrictions in
residential areas), 27-338 (width of vehicles), 27-339
(height of vehicles), 27-340 (length of vehicles), 27-352
(reflectors on trailers), 27-353 (mufflers), 27-354
(display of plates), 27-355 (display of city vehicle tax
sticker), 27-357 (identification of vehicles), 27-358
(projecting of loads), and also excepting the following
enumerated paragraphs of Section 2-201 of the Rules and
Regulations of the Illinois State Toll Highway Authority:
(l) (driving unsafe vehicle on tollway), (m) (vehicles
transporting dangerous cargo not properly indicated), it
shall be the duty of the clerk of the court in which such
conviction is had within 5 days thereafter to forward to

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the Secretary of State a report of the conviction and the
court may recommend the suspension of the driver's license
or permit of the person so convicted.
The reporting requirements of this subsection shall
apply to all violations stated in paragraphs (1) and (2) of
this subsection when the individual has been adjudicated
under the Juvenile Court Act or the Juvenile Court Act of
1987. Such reporting requirements shall also apply to
individuals adjudicated under the Juvenile Court Act or the
Juvenile Court Act of 1987 who have committed a violation
of Section 11-501 of this Code, or similar provision of a
local ordinance, or Section 9-3 of the Criminal Code of
1961 or the Criminal Code of 2012, relating to the offense
of reckless homicide, or Section 5-7 of the Snowmobile
Registration and Safety Act or Section 5-16 of the Boat
Registration and Safety Act, relating to the offense of
operating a snowmobile or a watercraft while under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds, or combination thereof. These
reporting requirements also apply to individuals
adjudicated under the Juvenile Court Act of 1987 based on
any offense determined to have been committed in
furtherance of the criminal activities of an organized
gang, as provided in Section 5-710 of that Act, if those
activities involved the operation or use of a motor
vehicle. It shall be the duty of the clerk of the court in

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which adjudication is had within 5 days thereafter to
forward to the Secretary of State a report of the
adjudication and the court order requiring the Secretary of
State to suspend the minor's driver's license and driving
privilege for such time as determined by the court, but
only until he or she attains the age of 18 years. All
juvenile court dispositions reported to the Secretary of
State under this provision shall be processed by the
Secretary of State as if the cases had been adjudicated in
traffic or criminal court. However, information reported
relative to the offense of reckless homicide, or Section
11-501 of this Code, or a similar provision of a local
ordinance, shall be privileged and available only to the
Secretary of State, courts, and police officers.
The reporting requirements of this subsection (a)
apply to all violations listed in paragraphs (1) and (2) of
this subsection (a), excluding parking violations, when
the driver holds a CLP or CDL, regardless of the type of
vehicle in which the violation occurred, or when any driver
committed the violation in a commercial motor vehicle as
defined in Section 6-500 of this Code.
(3) Whenever an order is entered vacating the
conditions of pretrial release forfeiture of any bail,
security or bond given to secure appearance for any offense
under this Code or similar offenses under municipal
ordinance, it shall be the duty of the clerk of the court

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in which such vacation was had or the judge of such court
if such court has no clerk, within 5 days thereafter to
forward to the Secretary of State a report of the vacation.
(4) A report of any disposition of court supervision
for a violation of Sections 6-303, 11-401, 11-501 or a
similar provision of a local ordinance, 11-503, 11-504, and
11-506 of this Code, Section 5-7 of the Snowmobile
Registration and Safety Act, and Section 5-16 of the Boat
Registration and Safety Act shall be forwarded to the
Secretary of State. A report of any disposition of court
supervision for a violation of an offense defined as a
serious traffic violation in this Code or a similar
provision of a local ordinance committed by a person under
the age of 21 years shall be forwarded to the Secretary of
State.
(5) Reports of conviction under this Code and
sentencing hearings under the Juvenile Court Act of 1987 in
an electronic format or a computer processible medium shall
be forwarded to the Secretary of State via the Supreme
Court in the form and format required by the Illinois
Supreme Court and established by a written agreement
between the Supreme Court and the Secretary of State. In
counties with a population over 300,000, instead of
forwarding reports to the Supreme Court, reports of
conviction under this Code and sentencing hearings under
the Juvenile Court Act of 1987 in an electronic format or a

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computer processible medium may be forwarded to the
Secretary of State by the Circuit Court Clerk in a form and
format required by the Secretary of State and established
by written agreement between the Circuit Court Clerk and
the Secretary of State. Failure to forward the reports of
conviction or sentencing hearing under the Juvenile Court
Act of 1987 as required by this Section shall be deemed an
omission of duty and it shall be the duty of the several
State's Attorneys to enforce the requirements of this
Section.
(b) Whenever a restricted driving permit is forwarded to a
court, as a result of confiscation by a police officer pursuant
to the authority in Section 6-113(f), it shall be the duty of
the clerk, or judge, if the court has no clerk, to forward such
restricted driving permit and a facsimile of the officer's
citation to the Secretary of State as expeditiously as
practicable.
(c) For the purposes of this Code, a violation of the
conditions of pretrial release forfeiture of bail or collateral
deposited to secure a defendant's appearance in court when the
conditions of pretrial release have forfeiture has not been
vacated, or the failure of a defendant to appear for trial
after depositing his driver's license in lieu of other bail,
shall be equivalent to a conviction.
(d) For the purpose of providing the Secretary of State
with records necessary to properly monitor and assess driver

10100SB1968ham001 - 149 - LRB101 08002 RLC 74920 a
performance and assist the courts in the proper disposition of
repeat traffic law offenders, the clerk of the court shall
forward to the Secretary of State, on a form prescribed by the
Secretary, records of a driver's participation in a driver
remedial or rehabilitative program which was required, through
a court order or court supervision, in relation to the driver's
arrest for a violation of Section 11-501 of this Code or a
similar provision of a local ordinance. The clerk of the court
shall also forward to the Secretary, either on paper or in an
electronic format or a computer processible medium as required
under paragraph (5) of subsection (a) of this Section, any
disposition of court supervision for any traffic violation,
excluding those offenses listed in paragraph (2) of subsection
(a) of this Section. These reports shall be sent within 5 days
after disposition, or, if the driver is referred to a driver
remedial or rehabilitative program, within 5 days of the
driver's referral to that program. These reports received by
the Secretary of State, including those required to be
forwarded under paragraph (a)(4), shall be privileged
information, available only (i) to the affected driver, (ii) to
the parent or guardian of a person under the age of 18 years
holding an instruction permit or a graduated driver's license,
and (iii) for use by the courts, police officers, prosecuting
authorities, the Secretary of State, and the driver licensing
administrator of any other state. In accordance with 49 C.F.R.
Part 384, all reports of court supervision, except violations

10100SB1968ham001 - 150 - LRB101 08002 RLC 74920 a
related to parking, shall be forwarded to the Secretary of
State for all holders of a CLP or CDL or any driver who commits
an offense while driving a commercial motor vehicle. These
reports shall be recorded to the driver's record as a
conviction for use in the disqualification of the driver's
commercial motor vehicle privileges and shall not be privileged
information.
(Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20.)
(625 ILCS 5/6-206)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without preliminary
hearing upon a showing of the person's records or other
sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required upon
conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12-month 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor
vehicle collisions or has been repeatedly convicted of

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offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in injury
requiring immediate professional treatment in a medical
facility or doctor's office to any person, except that any
suspension or revocation imposed by the Secretary of State
under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a
law or ordinance regulating the movement of traffic, which
violation is related to the accident, or shall start not
more than one year after the date of the accident,
whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination
provided for by Section 6-207 or has failed to pass the
examination;

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8. Is ineligible for a driver's license or permit under
the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or
identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of this
State when the person's driving privilege or privilege to
obtain a driver's license or permit was revoked or
suspended unless the operation was authorized by a
monitoring device driving permit, judicial driving permit
issued prior to January 1, 2009, probationary license to
drive, or a restricted driving permit issued under this
Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of
another person to submit to any portion of the application
process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of this
State when the person's driver's license or permit was
invalid under the provisions of Sections 6-107.1 and 6-110;
14. Has committed a violation of Section 6-301,

10100SB1968ham001 - 153 - LRB101 08002 RLC 74920 a
6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
14B of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 relating
to criminal trespass to vehicles if the person exercised
actual physical control over the vehicle during the
commission of the offense, in which case the suspension
shall be for one year;
16. Has been convicted of violating Section 11-204 of
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the person
has not sought a hearing as provided for in Section
11-501.1;
18. (Blank);
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402 of
this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1 of

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the Criminal Code of 1961 or the Criminal Code of 2012
relating to unlawful use of weapons, in which case the
suspension shall be for one year;
23. Has, as a driver, been convicted of committing a
violation of paragraph (a) of Section 11-502 of this Code
for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the
United States at a military installation in Illinois or in
another state of or for a traffic-related traffic related
offense that is the same as or similar to an offense
specified under Section 6-205 or 6-206 of this Code;
25. Has permitted any form of identification to be used
by another in the application process in order to obtain or
attempt to obtain a license, identification card, or
permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;
27. (Blank);
28. Has been convicted for a first time of the illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis

10100SB1968ham001 - 155 - LRB101 08002 RLC 74920 a
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act, in
which case the person's driving privileges shall be
suspended for one year. Any defendant found guilty of this
offense while operating a motor vehicle, shall have an
entry made in the court record by the presiding judge that
this offense did occur while the defendant was operating a
motor vehicle and order the clerk of the court to report
the violation to the Secretary of State;
29. Has been convicted of the following offenses that
were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle: criminal
sexual assault, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
abuse, aggravated criminal sexual abuse, juvenile pimping,
soliciting for a juvenile prostitute, promoting juvenile
prostitution as described in subdivision (a)(1), (a)(2),
or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
or the Criminal Code of 2012, and the manufacture, sale or
delivery of controlled substances or instruments used for
illegal drug use or abuse in which case the driver's
driving privileges shall be suspended for one year;
30. Has been convicted a second or subsequent time for
any combination of the offenses named in paragraph 29 of
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;

10100SB1968ham001 - 156 - LRB101 08002 RLC 74920 a
31. Has refused to submit to a test as required by
Section 11-501.6 of this Code or Section 5-16c of the Boat
Registration and Safety Act or has submitted to a test
resulting in an alcohol concentration of 0.08 or more or
any amount of a drug, substance, or compound resulting from
the unlawful use or consumption of cannabis as listed in
the Cannabis Control Act, a controlled substance as listed
in the Illinois Controlled Substances Act, an intoxicating
compound as listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act, in which case the
penalty shall be as prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 relating
to the aggravated discharge of a firearm if the offender
was located in a motor vehicle at the time the firearm was
discharged, in which case the suspension shall be for 3
years;
33. Has as a driver, who was less than 21 years of age
on the date of the offense, been convicted a first time of
a violation of paragraph (a) of Section 11-502 of this Code
or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of
this Code or a similar provision of a local ordinance;
35. Has committed a violation of Section 11-1301.6 of
this Code or a similar provision of a local ordinance;

10100SB1968ham001 - 157 - LRB101 08002 RLC 74920 a
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24-month 24 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code that resulted in damage to the
property of another or the death or injury of another;
38. Has been convicted of a violation of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance and the person was an occupant of a motor
vehicle at the time of the violation;
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;
40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;
41. Has committed a second or subsequent violation of
Section 11-605.1 of this Code, a similar provision of a
local ordinance, or a similar violation in any other state
within 2 years of the date of the previous violation, in
which case the suspension shall be for 90 days;
42. Has committed a violation of subsection (a-1) of
Section 11-1301.3 of this Code or a similar provision of a
local ordinance;
43. Has received a disposition of court supervision for

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a violation of subsection (a), (d), or (e) of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance and the person was an occupant of a motor
vehicle at the time of the violation, in which case the
suspension shall be for a period of 3 months;
44. Is under the age of 21 years at the time of arrest
and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges
suspended or revoked pursuant to subparagraph 36 of this
Section;
45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for
another person;
46. Has committed a violation of subsection (j) of
Section 3-413 of this Code;
47. Has committed a violation of subsection (a) of
Section 11-502.1 of this Code;
48. Has submitted a falsified or altered medical
examiner's certificate to the Secretary of State or
provided false information to obtain a medical examiner's
certificate; or

10100SB1968ham001 - 159 - LRB101 08002 RLC 74920 a
49. Has committed a violation of subsection (b-5) of
Section 12-610.2 that resulted in great bodily harm,
permanent disability, or disfigurement, in which case the
driving privileges shall be suspended for 12 months; or .
50. 49. Has been convicted of a violation of Section
11-1002 or 11-1002.5 that resulted in a Type A injury to
another, in which case the person's driving privileges
shall be suspended for 12 months.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license is
deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license, or a temporary driver's
license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be, provided
that a certified copy of a stay order of a court is filed with
the Secretary of State. If the conviction is affirmed on
appeal, the date of the conviction shall relate back to the
time the original judgment of conviction was entered and the
6-month 6 month limitation prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the

10100SB1968ham001 - 160 - LRB101 08002 RLC 74920 a
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
2. If the Secretary of State suspends the driver's license
of a person under subsection 2 of paragraph (a) of this
Section, a person's privilege to operate a vehicle as an
occupation shall not be suspended, provided an affidavit is
properly completed, the appropriate fee received, and a permit
issued prior to the effective date of the suspension, unless 5
offenses were committed, at least 2 of which occurred while
operating a commercial vehicle in connection with the driver's
regular occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must submit
the affidavit on forms to be provided by the Secretary of State
setting forth the facts of the person's occupation. The
affidavit shall also state the number of offenses committed
while operating a vehicle in connection with the driver's
regular occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as set

10100SB1968ham001 - 161 - LRB101 08002 RLC 74920 a
forth in the notice that was mailed under this Section. If an
affidavit is received subsequent to the effective date of this
suspension, a permit may be issued for the remainder of the
suspension period.
The provisions of this subparagraph shall not apply to any
driver required to possess a CDL for the purpose of operating a
commercial motor vehicle.
Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section 6-302
and upon conviction thereof shall have all driving privileges
revoked without further rights.
3. At the conclusion of a hearing under Section 2-118 of
this Code, the Secretary of State shall either rescind or
continue an order of revocation or shall substitute an order of
suspension; or, good cause appearing therefor, rescind,
continue, change, or extend the order of suspension. If the
Secretary of State does not rescind the order, the Secretary
may upon application, to relieve undue hardship (as defined by
the rules of the Secretary of State), issue a restricted
driving permit granting the privilege of driving a motor
vehicle between the petitioner's residence and petitioner's
place of employment or within the scope of the petitioner's
employment-related employment related duties, or to allow the
petitioner to transport himself or herself, or a family member
of the petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to transport

10100SB1968ham001 - 162 - LRB101 08002 RLC 74920 a
himself or herself to and from alcohol or drug remedial or
rehabilitative activity recommended by a licensed service
provider, or to allow the petitioner to transport himself or
herself or a family member of the petitioner's household to
classes, as a student, at an accredited educational
institution, or to allow the petitioner to transport children,
elderly persons, or persons with disabilities who do not hold
driving privileges and are living in the petitioner's household
to and from daycare. The petitioner must demonstrate that no
alternative means of transportation is reasonably available
and that the petitioner will not endanger the public safety or
welfare.
(A) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961 or the Criminal Code of 2012,
where the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state offense,
or a combination of these offenses, arising out of separate
occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in
Section 1-129.1.
(B) If a person's license or permit is revoked or
suspended 2 or more times due to any combination of:

10100SB1968ham001 - 163 - LRB101 08002 RLC 74920 a
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense or Section
9-3 of the Criminal Code of 1961 or the Criminal Code
of 2012, where the use of alcohol or other drugs is
recited as an element of the offense, or a similar
out-of-state offense; or
(ii) a statutory summary suspension or revocation
under Section 11-501.1; or
(iii) a suspension under Section 6-203.1;
arising out of separate occurrences; that person, if issued
a restricted driving permit, may not operate a vehicle
unless it has been equipped with an ignition interlock
device as defined in Section 1-129.1.
(B-5) If a person's license or permit is revoked or
suspended due to a conviction for a violation of
subparagraph (C) or (F) of paragraph (1) of subsection (d)
of Section 11-501 of this Code, or a similar provision of a
local ordinance or similar out-of-state offense, that
person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(C) The person issued a permit conditioned upon the use
of an ignition interlock device must pay to the Secretary
of State DUI Administration Fund an amount not to exceed
$30 per month. The Secretary shall establish by rule the

10100SB1968ham001 - 164 - LRB101 08002 RLC 74920 a
amount and the procedures, terms, and conditions relating
to these fees.
(D) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the operation
of an occupational vehicle owned or leased by that person's
employer when used solely for employment purposes. For any
person who, within a 5-year period, is convicted of a
second or subsequent offense under Section 11-501 of this
Code, or a similar provision of a local ordinance or
similar out-of-state offense, this employment exemption
does not apply until either a one-year period has elapsed
during which that person had his or her driving privileges
revoked or a one-year period has elapsed during which that
person had a restricted driving permit which required the
use of an ignition interlock device on every motor vehicle
owned or operated by that person.
(E) In each case the Secretary may issue a restricted
driving permit for a period deemed appropriate, except that
all permits shall expire no later than 2 years from the
date of issuance. A restricted driving permit issued under
this Section shall be subject to cancellation, revocation,
and suspension by the Secretary of State in like manner and
for like cause as a driver's license issued under this Code
may be cancelled, revoked, or suspended; except that a

10100SB1968ham001 - 165 - LRB101 08002 RLC 74920 a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit. The Secretary
of State may, as a condition to the issuance of a
restricted driving permit, require the applicant to
participate in a designated driver remedial or
rehabilitative program. The Secretary of State is
authorized to cancel a restricted driving permit if the
permit holder does not successfully complete the program.
(F) A person subject to the provisions of paragraph 4
of subsection (b) of Section 6-208 of this Code may make
application for a restricted driving permit at a hearing
conducted under Section 2-118 of this Code after the
expiration of 5 years from the effective date of the most
recent revocation or after 5 years from the date of release
from a period of imprisonment resulting from a conviction
of the most recent offense, whichever is later, provided
the person, in addition to all other requirements of the
Secretary, shows by clear and convincing evidence:
(i) a minimum of 3 years of uninterrupted
abstinence from alcohol and the unlawful use or
consumption of cannabis under the Cannabis Control
Act, a controlled substance under the Illinois
Controlled Substances Act, an intoxicating compound
under the Use of Intoxicating Compounds Act, or

10100SB1968ham001 - 166 - LRB101 08002 RLC 74920 a
methamphetamine under the Methamphetamine Control and
Community Protection Act; and
(ii) the successful completion of any
rehabilitative treatment and involvement in any
ongoing rehabilitative activity that may be
recommended by a properly licensed service provider
according to an assessment of the person's alcohol or
drug use under Section 11-501.01 of this Code.
In determining whether an applicant is eligible for a
restricted driving permit under this subparagraph (F), the
Secretary may consider any relevant evidence, including,
but not limited to, testimony, affidavits, records, and the
results of regular alcohol or drug tests. Persons subject
to the provisions of paragraph 4 of subsection (b) of
Section 6-208 of this Code and who have been convicted of
more than one violation of paragraph (3), paragraph (4), or
paragraph (5) of subsection (a) of Section 11-501 of this
Code shall not be eligible to apply for a restricted
driving permit under this subparagraph (F).
A restricted driving permit issued under this
subparagraph (F) shall provide that the holder may only
operate motor vehicles equipped with an ignition interlock
device as required under paragraph (2) of subsection (c) of
Section 6-205 of this Code and subparagraph (A) of
paragraph 3 of subsection (c) of this Section. The
Secretary may revoke a restricted driving permit or amend

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the conditions of a restricted driving permit issued under
this subparagraph (F) if the holder operates a vehicle that
is not equipped with an ignition interlock device, or for
any other reason authorized under this Code.
A restricted driving permit issued under this
subparagraph (F) shall be revoked, and the holder barred
from applying for or being issued a restricted driving
permit in the future, if the holder is convicted of a
violation of Section 11-501 of this Code, a similar
provision of a local ordinance, or a similar offense in
another state.
(c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person

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by mail that his or her driving privileges and driver's license
will be suspended one month after the date of the mailing of
the notice.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the Driver
Drivers License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(f) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20;
101-470, eff. 7-1-20; 101-623, eff. 7-1-20; revised 1-4-21.)
(625 ILCS 5/6-308)
Sec. 6-308. Procedures for traffic violations.

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(a) Any person cited for violating this Code or a similar
provision of a local ordinance for which a violation is a petty
offense as defined by Section 5-1-17 of the Unified Code of
Corrections, excluding business offenses as defined by Section
5-1-2 of the Unified Code of Corrections or a violation of
Section 15-111 or subsection (d) of Section 3-401 of this Code,
shall not be required to sign the citation or post bond to
secure bail for his or her release. All other provisions of
this Code or similar provisions of local ordinances shall be
governed by the pretrial release bail provisions of the
Illinois Supreme Court Rules when it is not practical or
feasible to take the person before a judge to have conditions
of pretrial release bail set or to avoid undue delay because of
the hour or circumstances.
(b) Whenever a person fails to appear in court, the court
may continue the case for a minimum of 30 days and the clerk of
the court shall send notice of the continued court date to the
person's last known address. If the person does not appear in
court on or before the continued court date or satisfy the
court that the person's appearance in and surrender to the
court is impossible for no fault of the person, the court shall
enter an order of failure to appear. The clerk of the court
shall notify the Secretary of State, on a report prescribed by
the Secretary, of the court's order. The Secretary, when
notified by the clerk of the court that an order of failure to
appear has been entered, shall immediately suspend the person's

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driver's license, which shall be designated by the Secretary as
a Failure to Appear suspension. The Secretary shall not remove
the suspension, nor issue any permit or privileges to the
person whose license has been suspended, until notified by the
ordering court that the person has appeared and resolved the
violation. Upon compliance, the clerk of the court shall
present the person with a notice of compliance containing the
seal of the court, and shall notify the Secretary that the
person has appeared and resolved the violation.
(c) Illinois Supreme Court Rules shall govern pretrial
release bail and appearance procedures when a person who is a
resident of another state that is not a member of the
Nonresident Violator Compact of 1977 is cited for violating
this Code or a similar provision of a local ordinance.
(Source: P.A. 100-674, eff. 1-1-19.)
(625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
Sec. 6-500. Definitions of words and phrases.
Notwithstanding the definitions set forth elsewhere in this
Code, for purposes of the Uniform Commercial Driver's License
Act (UCDLA), the words and phrases listed below have the
meanings ascribed to them as follows:
(1) Alcohol. "Alcohol" means any substance containing any
form of alcohol, including but not limited to ethanol,
methanol, propanol, and isopropanol.
(2) Alcohol concentration. "Alcohol concentration" means:

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(A) the number of grams of alcohol per 210 liters of
breath; or
(B) the number of grams of alcohol per 100 milliliters
of blood; or
(C) the number of grams of alcohol per 67 milliliters
of urine.
Alcohol tests administered within 2 hours of the driver
being "stopped or detained" shall be considered that driver's
"alcohol concentration" for the purposes of enforcing this
UCDLA.
(3) (Blank).
(4) (Blank).
(5) (Blank).
(5.3) CDLIS driver record. "CDLIS driver record" means the
electronic record of the individual CDL driver's status and
history stored by the State-of-Record as part of the Commercial
Driver's License Information System, or CDLIS, established
under 49 U.S.C. 31309.
(5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
record" or "CDLIS MVR" means a report generated from the CDLIS
driver record meeting the requirements for access to CDLIS
information and provided by states to users authorized in 49
C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
(5.7) Commercial driver's license downgrade. "Commercial
driver's license downgrade" or "CDL downgrade" means either:

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(A) a state allows the driver to change his or her
self-certification to interstate, but operating
exclusively in transportation or operation excepted from
49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
391.2, 391.68, or 398.3;
(B) a state allows the driver to change his or her
self-certification to intrastate only, if the driver
qualifies under that state's physical qualification
requirements for intrastate only;
(C) a state allows the driver to change his or her
certification to intrastate, but operating exclusively in
transportation or operations excepted from all or part of
the state driver qualification requirements; or
(D) a state removes the CDL privilege from the driver
license.
(6) Commercial Motor Vehicle.
(A) "Commercial motor vehicle" or "CMV" means a motor
vehicle or combination of motor vehicles used in commerce,
except those referred to in subdivision (B), designed to
transport passengers or property if the motor vehicle:
(i) has a gross combination weight rating or gross
combination weight of 11,794 kilograms or more (26,001
pounds or more), whichever is greater, inclusive of any
towed unit with a gross vehicle weight rating or gross
vehicle weight of more than 4,536 kilograms (10,000
pounds), whichever is greater; or

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(i-5) has a gross vehicle weight rating or gross
vehicle weight of 11,794 or more kilograms (26,001
pounds or more), whichever is greater; or
(ii) is designed to transport 16 or more persons,
including the driver; or
(iii) is of any size and is used in transporting
hazardous materials as defined in 49 C.F.R. 383.5.
(B) Pursuant to the interpretation of the Commercial
Motor Vehicle Safety Act of 1986 by the Federal Highway
Administration, the definition of "commercial motor
vehicle" does not include:
(i) recreational vehicles, when operated primarily
for personal use;
(ii) vehicles owned by or operated under the
direction of the United States Department of Defense or
the United States Coast Guard only when operated by
non-civilian personnel. This includes any operator on
active military duty; members of the Reserves;
National Guard; personnel on part-time training; and
National Guard military technicians (civilians who are
required to wear military uniforms and are subject to
the Code of Military Justice); or
(iii) firefighting, police, and other emergency
equipment (including, without limitation, equipment
owned or operated by a HazMat or technical rescue team
authorized by a county board under Section 5-1127 of

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the Counties Code), with audible and visual signals,
owned or operated by or for a governmental entity,
which is necessary to the preservation of life or
property or the execution of emergency governmental
functions which are normally not subject to general
traffic rules and regulations.
(7) Controlled Substance. "Controlled substance" shall
have the same meaning as defined in Section 102 of the Illinois
Controlled Substances Act, and shall also include cannabis as
defined in Section 3 of the Cannabis Control Act and
methamphetamine as defined in Section 10 of the Methamphetamine
Control and Community Protection Act.
(8) Conviction. "Conviction" means an unvacated
adjudication of guilt or a determination that a person has
violated or failed to comply with the law in a court of
original jurisdiction or by an authorized administrative
tribunal; an unvacated revocation of pretrial release or
forfeiture of bail or collateral deposited to secure the
person's appearance in court; a plea of guilty or nolo
contendere accepted by the court; the payment of a fine or
court cost regardless of whether the imposition of sentence is
deferred and ultimately a judgment dismissing the underlying
charge is entered; or a violation of a condition of pretrial
release without bail, regardless of whether or not the penalty
is rebated, suspended or probated.
(8.5) Day. "Day" means calendar day.

10100SB1968ham001 - 175 - LRB101 08002 RLC 74920 a
(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) (Blank).
(13) Driver. "Driver" means any person who drives,
operates, or is in physical control of a commercial motor
vehicle, any person who is required to hold a CDL, or any
person who is a holder of a CDL while operating a
non-commercial motor vehicle.
(13.5) Driver applicant. "Driver applicant" means an
individual who applies to a state or other jurisdiction to
obtain, transfer, upgrade, or renew a CDL or to obtain or renew
a CLP.
(13.8) Electronic device. "Electronic device" includes,
but is not limited to, a cellular telephone, personal digital
assistant, pager, computer, or any other device used to input,
write, send, receive, or read text.
(14) Employee. "Employee" means a person who is employed as
a commercial motor vehicle driver. A person who is
self-employed as a commercial motor vehicle driver must comply
with the requirements of this UCDLA pertaining to employees. An
owner-operator on a long-term lease shall be considered an
employee.
(15) Employer. "Employer" means a person (including the
United States, a State or a local authority) who owns or leases
a commercial motor vehicle or assigns employees to operate such

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a vehicle. A person who is self-employed as a commercial motor
vehicle driver must comply with the requirements of this UCDLA.
(15.1) Endorsement. "Endorsement" means an authorization
to an individual's CLP or CDL required to permit the individual
to operate certain types of commercial motor vehicles.
(15.2) Entry-level driver training. "Entry-level driver
training" means the training an entry-level driver receives
from an entity listed on the Federal Motor Carrier Safety
Administration's Training Provider Registry prior to: (i)
taking the CDL skills test required to receive the Class A or
Class B CDL for the first time; (ii) taking the CDL skills test
required to upgrade to a Class A or Class B CDL; or (iii)
taking the CDL skills test required to obtain a passenger or
school bus endorsement for the first time or the CDL knowledge
test required to obtain a hazardous materials endorsement for
the first time.
(15.3) Excepted interstate. "Excepted interstate" means a
person who operates or expects to operate in interstate
commerce, but engages exclusively in transportation or
operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
398.3 from all or part of the qualification requirements of 49
C.F.R. Part 391 and is not required to obtain a medical
examiner's certificate by 49 C.F.R. 391.45.
(15.5) Excepted intrastate. "Excepted intrastate" means a
person who operates in intrastate commerce but engages
exclusively in transportation or operations excepted from all

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or parts of the state driver qualification requirements.
(16) (Blank).
(16.5) Fatality. "Fatality" means the death of a person as
a result of a motor vehicle accident.
(16.7) Foreign commercial driver. "Foreign commercial
driver" means a person licensed to operate a commercial motor
vehicle by an authority outside the United States, or a citizen
of a foreign country who operates a commercial motor vehicle in
the United States.
(17) Foreign jurisdiction. "Foreign jurisdiction" means a
sovereign jurisdiction that does not fall within the definition
of "State".
(18) (Blank).
(19) (Blank).
(20) Hazardous materials. "Hazardous material" means any
material that has been designated under 49 U.S.C. 5103 and is
required to be placarded under subpart F of 49 C.F.R. part 172
or any quantity of a material listed as a select agent or toxin
in 42 C.F.R. part 73.
(20.5) Imminent Hazard. "Imminent hazard" means the
existence of any condition of a vehicle, employee, or
commercial motor vehicle operations that substantially
increases the likelihood of serious injury or death if not
discontinued immediately; or a condition relating to hazardous
material that presents a substantial likelihood that death,
serious illness, severe personal injury, or a substantial

10100SB1968ham001 - 178 - LRB101 08002 RLC 74920 a
endangerment to health, property, or the environment may occur
before the reasonably foreseeable completion date of a formal
proceeding begun to lessen the risk of that death, illness,
injury or endangerment.
(20.6) Issuance. "Issuance" means initial issuance,
transfer, renewal, or upgrade of a CLP or CDL and non-domiciled
CLP or CDL.
(20.7) Issue. "Issue" means initial issuance, transfer,
renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
non-domiciled CDL.
(21) Long-term lease. "Long-term lease" means a lease of a
commercial motor vehicle by the owner-lessor to a lessee, for a
period of more than 29 days.
(21.01) Manual transmission. "Manual transmission" means a
transmission utilizing a driver-operated clutch that is
activated by a pedal or lever and a gear-shift mechanism
operated either by hand or foot including those known as a
stick shift, stick, straight drive, or standard transmission.
All other transmissions, whether semi-automatic or automatic,
shall be considered automatic for the purposes of the
standardized restriction code.
(21.1) Medical examiner. "Medical examiner" means an
individual certified by the Federal Motor Carrier Safety
Administration and listed on the National Registry of Certified
Medical Examiners in accordance with Federal Motor Carrier
Safety Regulations, 49 CFR 390.101 et seq.

10100SB1968ham001 - 179 - LRB101 08002 RLC 74920 a
(21.2) Medical examiner's certificate. "Medical examiner's
certificate" means either (1) prior to June 22, 2021, a
document prescribed or approved by the Secretary of State that
is issued by a medical examiner to a driver to medically
qualify him or her to drive; or (2) beginning June 22, 2021, an
electronic submission of results of an examination conducted by
a medical examiner listed on the National Registry of Certified
Medical Examiners to the Federal Motor Carrier Safety
Administration of a driver to medically qualify him or her to
drive.
(21.5) Medical variance. "Medical variance" means a driver
has received one of the following from the Federal Motor
Carrier Safety Administration which allows the driver to be
issued a medical certificate: (1) an exemption letter
permitting operation of a commercial motor vehicle pursuant to
49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
skill performance evaluation (SPE) certificate permitting
operation of a commercial motor vehicle pursuant to 49 C.F.R.
391.49.
(21.7) Mobile telephone. "Mobile telephone" means a mobile
communication device that falls under or uses any commercial
mobile radio service, as defined in regulations of the Federal
Communications Commission, 47 CFR 20.3. It does not include
two-way or citizens band radio services.
(22) Motor Vehicle. "Motor vehicle" means every vehicle
which is self-propelled, and every vehicle which is propelled

10100SB1968ham001 - 180 - LRB101 08002 RLC 74920 a
by electric power obtained from over head trolley wires but not
operated upon rails, except vehicles moved solely by human
power and motorized wheel chairs.
(22.2) Motor vehicle record. "Motor vehicle record" means a
report of the driving status and history of a driver generated
from the driver record provided to users, such as drivers or
employers, and is subject to the provisions of the Driver
Privacy Protection Act, 18 U.S.C. 2721-2725.
(22.5) Non-CMV. "Non-CMV" means a motor vehicle or
combination of motor vehicles not defined by the term
"commercial motor vehicle" or "CMV" in this Section.
(22.7) Non-excepted interstate. "Non-excepted interstate"
means a person who operates or expects to operate in interstate
commerce, is subject to and meets the qualification
requirements under 49 C.F.R. Part 391, and is required to
obtain a medical examiner's certificate by 49 C.F.R. 391.45.
(22.8) Non-excepted intrastate. "Non-excepted intrastate"
means a person who operates only in intrastate commerce and is
subject to State driver qualification requirements.
(23) Non-domiciled CLP or Non-domiciled CDL.
"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
respectively, issued by a state or other jurisdiction under
either of the following two conditions:
(i) to an individual domiciled in a foreign country
meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
of the Federal Motor Carrier Safety Administration.

10100SB1968ham001 - 181 - LRB101 08002 RLC 74920 a
(ii) to an individual domiciled in another state
meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
of the Federal Motor Carrier Safety Administration.
(24) (Blank).
(25) (Blank).
(25.5) Railroad-Highway Grade Crossing Violation.
"Railroad-highway grade crossing violation" means a violation,
while operating a commercial motor vehicle, of any of the
following:
(A) Section 11-1201, 11-1202, or 11-1425 of this Code.
(B) Any other similar law or local ordinance of any
state relating to railroad-highway grade crossing.
(25.7) School Bus. "School bus" means a commercial motor
vehicle used to transport pre-primary, primary, or secondary
school students from home to school, from school to home, or to
and from school-sponsored events. "School bus" does not include
a bus used as a common carrier.
(26) Serious Traffic Violation. "Serious traffic
violation" means:
(A) a conviction when operating a commercial motor
vehicle, or when operating a non-CMV while holding a CLP or
CDL, of:
(i) a violation relating to excessive speeding,
involving a single speeding charge of 15 miles per hour
or more above the legal speed limit; or
(ii) a violation relating to reckless driving; or

10100SB1968ham001 - 182 - LRB101 08002 RLC 74920 a
(iii) a violation of any State law or local
ordinance relating to motor vehicle traffic control
(other than parking violations) arising in connection
with a fatal traffic accident; or
(iv) a violation of Section 6-501, relating to
having multiple driver's licenses; or
(v) a violation of paragraph (a) of Section 6-507,
relating to the requirement to have a valid CLP or CDL;
or
(vi) a violation relating to improper or erratic
traffic lane changes; or
(vii) a violation relating to following another
vehicle too closely; or
(viii) a violation relating to texting while
driving; or
(ix) a violation relating to the use of a hand-held
mobile telephone while driving; or
(B) any other similar violation of a law or local
ordinance of any state relating to motor vehicle traffic
control, other than a parking violation, which the
Secretary of State determines by administrative rule to be
serious.
(27) State. "State" means a state of the United States, the
District of Columbia and any province or territory of Canada.
(28) (Blank).
(29) (Blank).

10100SB1968ham001 - 183 - LRB101 08002 RLC 74920 a
(30) (Blank).
(31) (Blank).
(32) Texting. "Texting" means manually entering
alphanumeric text into, or reading text from, an electronic
device.
(1) Texting includes, but is not limited to, short
message service, emailing, instant messaging, a command or
request to access a World Wide Web page, pressing more than
a single button to initiate or terminate a voice
communication using a mobile telephone, or engaging in any
other form of electronic text retrieval or entry for
present or future communication.
(2) Texting does not include:
(i) inputting, selecting, or reading information
on a global positioning system or navigation system; or
(ii) pressing a single button to initiate or
terminate a voice communication using a mobile
telephone; or
(iii) using a device capable of performing
multiple functions (for example, a fleet management
system, dispatching device, smart phone, citizens band
radio, or music player) for a purpose that is not
otherwise prohibited by Part 392 of the Federal Motor
Carrier Safety Regulations.
(32.3) Third party skills test examiner. "Third party
skills test examiner" means a person employed by a third party

10100SB1968ham001 - 184 - LRB101 08002 RLC 74920 a
tester who is authorized by the State to administer the CDL
skills tests specified in 49 C.F.R. Part 383, subparts G and H.
(32.5) Third party tester. "Third party tester" means a
person (including, but not limited to, another state, a motor
carrier, a private driver training facility or other private
institution, or a department, agency, or instrumentality of a
local government) authorized by the State to employ skills test
examiners to administer the CDL skills tests specified in 49
C.F.R. Part 383, subparts G and H.
(32.7) United States. "United States" means the 50 states
and the District of Columbia.
(33) Use a hand-held mobile telephone. "Use a hand-held
mobile telephone" means:
(1) using at least one hand to hold a mobile telephone
to conduct a voice communication;
(2) dialing or answering a mobile telephone by pressing
more than a single button; or
(3) reaching for a mobile telephone in a manner that
requires a driver to maneuver so that he or she is no
longer in a seated driving position, restrained by a seat
belt that is installed in accordance with 49 CFR 393.93 and
adjusted in accordance with the vehicle manufacturer's
instructions.
(Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20.)
(625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)

10100SB1968ham001 - 185 - LRB101 08002 RLC 74920 a
Sec. 6-601. Penalties.
(a) It is a petty offense for any person to violate any of
the provisions of this Chapter unless such violation is by this
Code or other law of this State declared to be a misdemeanor or
a felony.
(b) General penalties. Unless another penalty is in this
Code or other laws of this State, every person convicted of a
petty offense for the violation of any provision of this
Chapter shall be punished by a fine of not more than $500.
(c) Unlicensed driving. Except as hereinafter provided a
violation of Section 6-101 shall be:
1. A Class A misdemeanor if the person failed to obtain
a driver's license or permit after expiration of a period
of revocation.
2. A Class B misdemeanor if the person has been issued
a driver's license or permit, which has expired, and if the
period of expiration is greater than one year; or if the
person has never been issued a driver's license or permit,
or is not qualified to obtain a driver's license or permit
because of his age.
3. A petty offense if the person has been issued a
temporary visitor's driver's license or permit and is
unable to provide proof of liability insurance as provided
in subsection (d-5) of Section 6-105.1.
If a licensee under this Code is convicted of violating
Section 6-303 for operating a motor vehicle during a time when

10100SB1968ham001 - 186 - LRB101 08002 RLC 74920 a
such licensee's driver's license was suspended under the
provisions of Section 6-306.3 or 6-308, then such act shall be
a petty offense (provided the licensee has answered the charge
which was the basis of the suspension under Section 6-306.3 or
6-308), and there shall be imposed no additional like period of
suspension as provided in paragraph (b) of Section 6-303.
(d) For violations of this Code or a similar provision of a
local ordinance for which a violation is a petty offense as
defined by Section 5-1-17 of the Unified Code of Corrections,
excluding business offenses as defined by Section 5-1-2 of the
Unified Code of Corrections or a violation of Section 15-111 or
subsection (d) of Section 3-401 of this Code, if the violation
may be satisfied without a court appearance, the violator may,
pursuant to Supreme Court Rule, satisfy the case with a written
plea of guilty and payment of fines, penalties, and costs as
equal to the bail amount established by the Supreme Court for
the offense.
(Source: P.A. 97-1157, eff. 11-28-13; 98-870, eff. 1-1-15;
98-1134, eff. 1-1-15.)
(625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)
Sec. 16-103. Arrest outside county where violation
committed.
Whenever a defendant is arrested upon a warrant charging a
violation of this Act in a county other than that in which such
warrant was issued, the arresting officer, immediately upon the

10100SB1968ham001 - 187 - LRB101 08002 RLC 74920 a
request of the defendant, shall take such defendant before a
circuit judge or associate circuit judge in the county in which
the arrest was made who shall admit the defendant to pretrial
release bail for his appearance before the court named in the
warrant. On setting the conditions of pretrial release taking
such bail the circuit judge or associate circuit judge shall
certify such fact on the warrant and deliver the warrant and
conditions of pretrial release undertaking of bail or other
security, or the drivers license of such defendant if
deposited, under the law relating to such licenses, in lieu of
such security, to the officer having charge of the defendant.
Such officer shall then immediately discharge the defendant
from arrest and without delay deliver such warrant and such
acknowledgment by the defendant of his or her receiving the
conditions of pretrial release undertaking of bail, or other
security or drivers license to the court before which the
defendant is required to appear.
(Source: P.A. 77-1280.)
Section 10-191. The Illinois Vehicle Code is amended by
changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8,
11-208.9, and 11-1201.1 as follows:
(625 ILCS 5/6-209.1)
Sec. 6-209.1. Restoration of driving privileges;
revocation; suspension; cancellation.

10100SB1968ham001 - 188 - LRB101 08002 RLC 74920 a
(a) The Secretary shall rescind the suspension or
cancellation of a person's driver's license that has been
suspended or canceled before July 1, 2020 (the effective date
of Public Act 101-623) this amendatory Act of the 101st General
Assembly due to:
(1) the person being convicted of theft of motor fuel
under Section Sections 16-25 or 16K-15 of the Criminal Code
of 1961 or the Criminal Code of 2012;
(2) the person, since the issuance of the driver's
license, being adjudged to be afflicted with or suffering
from any mental disability or disease;
(3) a violation of Section 6-16 of the Liquor Control
Act of 1934 or a similar provision of a local ordinance;
(4) the person being convicted of a violation of
Section 6-20 of the Liquor Control Act of 1934 or a similar
provision of a local ordinance, if the person presents a
certified copy of a court order that includes a finding
that the person was not an occupant of a motor vehicle at
the time of the violation;
(5) the person receiving a disposition of court
supervision for a violation of subsection subsections (a),
(d), or (e) of Section 6-20 of the Liquor Control Act of
1934 or a similar provision of a local ordinance, if the
person presents a certified copy of a court order that
includes a finding that the person was not an occupant of a
motor vehicle at the time of the violation;

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

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fine or penalty for traffic violations, automated traffic law
enforcement system violations as defined in Sections 11-208.6,
and 11-208.8,11-208.9, and 11-1201.1, or abandoned vehicle
fees.
(Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)
(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
Sec. 11-208.3. Administrative adjudication of violations
of traffic regulations concerning the standing, parking, or
condition of vehicles, automated traffic law violations, and
automated speed enforcement system violations.
(a) Any municipality or county may provide by ordinance for
a system of administrative adjudication of vehicular standing
and parking violations and vehicle compliance violations as
described in this subsection, automated traffic law violations
as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
automated speed enforcement system violations as defined in
Section 11-208.8. The administrative system shall have as its
purpose the fair and efficient enforcement of municipal or
county regulations through the administrative adjudication of
automated speed enforcement system or automated traffic law
violations and violations of municipal or county ordinances
regulating the standing and parking of vehicles, the condition
and use of vehicle equipment, and the display of municipal or
county wheel tax licenses within the municipality's or county's
borders. The administrative system shall only have authority to

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adjudicate civil offenses carrying fines not in excess of $500
or requiring the completion of a traffic education program, or
both, that occur after the effective date of the ordinance
adopting such a system under this Section. For purposes of this
Section, "compliance violation" means a violation of a
municipal or county regulation governing the condition or use
of equipment on a vehicle or governing the display of a
municipal or county wheel tax license.
(b) Any ordinance establishing a system of administrative
adjudication under this Section shall provide for:
(1) A traffic compliance administrator authorized to
adopt, distribute, and process parking, compliance, and
automated speed enforcement system or automated traffic
law violation notices and other notices required by this
Section, collect money paid as fines and penalties for
violation of parking and compliance ordinances and
automated speed enforcement system or automated traffic
law violations, and operate an administrative adjudication
system. The traffic compliance administrator also may make
a certified report to the Secretary of State under Section
6-306.5.
(2) A parking, standing, compliance, automated speed
enforcement system, or automated traffic law violation
notice that shall specify or include the date, time, and
place of violation of a parking, standing, compliance,
automated speed enforcement system, or automated traffic

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law regulation; the particular regulation violated; any
requirement to complete a traffic education program; the
fine and any penalty that may be assessed for late payment
or failure to complete a required traffic education
program, or both, when so provided by ordinance; the
vehicle make or a photograph of the vehicle; the state
registration number of the vehicle; and the identification
number of the person issuing the notice. With regard to
automated speed enforcement system or automated traffic
law violations, vehicle make shall be specified on the
automated speed enforcement system or automated traffic
law violation notice if the notice does not include a
photograph of the vehicle and the make is available and
readily discernible. With regard to municipalities or
counties with a population of 1 million or more, it shall
be grounds for dismissal of a parking violation if the
state registration number or vehicle make specified is
incorrect. The violation notice shall state that the
completion of any required traffic education program, the
payment of any indicated fine, and the payment of any
applicable penalty for late payment or failure to complete
a required traffic education program, or both, shall
operate as a final disposition of the violation. The notice
also shall contain information as to the availability of a
hearing in which the violation may be contested on its
merits. The violation notice shall specify the time and

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manner in which a hearing may be had.
(3) Service of a parking, standing, or compliance
violation notice by: (i) affixing the original or a
facsimile of the notice to an unlawfully parked or standing
vehicle; (ii) handing the notice to the operator of a
vehicle if he or she is present; or (iii) mailing the
notice to the address of the registered owner or lessee of
the cited vehicle as recorded with the Secretary of State
or the lessor of the motor vehicle within 30 days after the
Secretary of State or the lessor of the motor vehicle
notifies the municipality or county of the identity of the
owner or lessee of the vehicle, but not later than 90 days
after the date of the violation, except that in the case of
a lessee of a motor vehicle, service of a parking,
standing, or compliance violation notice may occur no later
than 210 days after the violation; and service of an
automated speed enforcement system or automated traffic
law violation notice by mail to the address of the
registered owner or lessee of the cited vehicle as recorded
with the Secretary of State or the lessor of the motor
vehicle within 30 days after the Secretary of State or the
lessor of the motor vehicle notifies the municipality or
county of the identity of the owner or lessee of the
vehicle, but not later than 90 days after the violation,
except that in the case of a lessee of a motor vehicle,
service of an automated traffic law violation notice may

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occur no later than 210 days after the violation. A person
authorized by ordinance to issue and serve parking,
standing, and compliance violation notices shall certify
as to the correctness of the facts entered on the violation
notice by signing his or her name to the notice at the time
of service or, in the case of a notice produced by a
computerized device, by signing a single certificate to be
kept by the traffic compliance administrator attesting to
the correctness of all notices produced by the device while
it was under his or her control. In the case of an
automated traffic law violation, the ordinance shall
require a determination by a technician employed or
contracted by the municipality or county that, based on
inspection of recorded images, the motor vehicle was being
operated in violation of Section 11-208.6, 11-208.9, or
11-1201.1 or a local ordinance. If the technician
determines that the vehicle entered the intersection as
part of a funeral procession or in order to yield the
right-of-way to an emergency vehicle, a citation shall not
be issued. In municipalities with a population of less than
1,000,000 inhabitants and counties with a population of
less than 3,000,000 inhabitants, the automated traffic law
ordinance shall require that all determinations by a
technician that a motor vehicle was being operated in
violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a
local ordinance must be reviewed and approved by a law

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enforcement officer or retired law enforcement officer of
the municipality or county issuing the violation. In
municipalities with a population of 1,000,000 or more
inhabitants and counties with a population of 3,000,000 or
more inhabitants, the automated traffic law ordinance
shall require that all determinations by a technician that
a motor vehicle was being operated in violation of Section
11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must
be reviewed and approved by a law enforcement officer or
retired law enforcement officer of the municipality or
county issuing the violation or by an additional fully
trained fully-trained reviewing technician who is not
employed by the contractor who employs the technician who
made the initial determination. In the case of an automated
speed enforcement system violation, the ordinance shall
require a determination by a technician employed by the
municipality, based upon an inspection of recorded images,
video or other documentation, including documentation of
the speed limit and automated speed enforcement signage,
and documentation of the inspection, calibration, and
certification of the speed equipment, that the vehicle was
being operated in violation of Article VI of Chapter 11 of
this Code or a similar local ordinance. If the technician
determines that the vehicle speed was not determined by a
calibrated, certified speed equipment device based upon
the speed equipment documentation, or if the vehicle was an

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emergency vehicle, a citation may not be issued. The
automated speed enforcement ordinance shall require that
all determinations by a technician that a violation
occurred be reviewed and approved by a law enforcement
officer or retired law enforcement officer of the
municipality issuing the violation or by an additional
fully trained reviewing technician who is not employed by
the contractor who employs the technician who made the
initial determination. Routine and independent calibration
of the speeds produced by automated speed enforcement
systems and equipment shall be conducted annually by a
qualified technician. Speeds produced by an automated
speed enforcement system shall be compared with speeds
produced by lidar or other independent equipment. Radar or
lidar equipment shall undergo an internal validation test
no less frequently than once each week. Qualified
technicians shall test loop-based loop based equipment no
less frequently than once a year. Radar equipment shall be
checked for accuracy by a qualified technician when the
unit is serviced, when unusual or suspect readings persist,
or when deemed necessary by a reviewing technician. Radar
equipment shall be checked with the internal frequency
generator and the internal circuit test whenever the radar
is turned on. Technicians must be alert for any unusual or
suspect readings, and if unusual or suspect readings of a
radar unit persist, that unit shall immediately be removed

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from service and not returned to service until it has been
checked by a qualified technician and determined to be
functioning properly. Documentation of the annual
calibration results, including the equipment tested, test
date, technician performing the test, and test results,
shall be maintained and available for use in the
determination of an automated speed enforcement system
violation and issuance of a citation. The technician
performing the calibration and testing of the automated
speed enforcement equipment shall be trained and certified
in the use of equipment for speed enforcement purposes.
Training on the speed enforcement equipment may be
conducted by law enforcement, civilian, or manufacturer's
personnel and if applicable may be equivalent to the
equipment use and operations training included in the Speed
Measuring Device Operator Program developed by the
National Highway Traffic Safety Administration (NHTSA).
The vendor or technician who performs the work shall keep
accurate records on each piece of equipment the technician
calibrates and tests. As used in this paragraph, "fully
trained fully-trained reviewing technician" means a person
who has received at least 40 hours of supervised training
in subjects which shall include image inspection and
interpretation, the elements necessary to prove a
violation, license plate identification, and traffic
safety and management. In all municipalities and counties,

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the automated speed enforcement system or automated
traffic law ordinance shall require that no additional fee
shall be charged to the alleged violator for exercising his
or her right to an administrative hearing, and persons
shall be given at least 25 days following an administrative
hearing to pay any civil penalty imposed by a finding that
Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
similar local ordinance has been violated. The original or
a facsimile of the violation notice or, in the case of a
notice produced by a computerized device, a printed record
generated by the device showing the facts entered on the
notice, shall be retained by the traffic compliance
administrator, and shall be a record kept in the ordinary
course of business. A parking, standing, compliance,
automated speed enforcement system, or automated traffic
law violation notice issued, signed, and served in
accordance with this Section, a copy of the notice, or the
computer-generated computer generated record shall be
prima facie correct and shall be prima facie evidence of
the correctness of the facts shown on the notice. The
notice, copy, or computer-generated computer generated
record shall be admissible in any subsequent
administrative or legal proceedings.
(4) An opportunity for a hearing for the registered
owner of the vehicle cited in the parking, standing,
compliance, automated speed enforcement system, or

10100SB1968ham001 - 199 - LRB101 08002 RLC 74920 a
automated traffic law violation notice in which the owner
may contest the merits of the alleged violation, and during
which formal or technical rules of evidence shall not
apply; provided, however, that under Section 11-1306 of
this Code the lessee of a vehicle cited in the violation
notice likewise shall be provided an opportunity for a
hearing of the same kind afforded the registered owner. The
hearings shall be recorded, and the person conducting the
hearing on behalf of the traffic compliance administrator
shall be empowered to administer oaths and to secure by
subpoena both the attendance and testimony of witnesses and
the production of relevant books and papers. Persons
appearing at a hearing under this Section may be
represented by counsel at their expense. The ordinance may
also provide for internal administrative review following
the decision of the hearing officer.
(5) Service of additional notices, sent by first class
United States mail, postage prepaid, to the address of the
registered owner of the cited vehicle as recorded with the
Secretary of State or, if any notice to that address is
returned as undeliverable, to the last known address
recorded in a United States Post Office approved database,
or, under Section 11-1306 or subsection (p) of Section
11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
of this Code, to the lessee of the cited vehicle at the
last address known to the lessor of the cited vehicle at

10100SB1968ham001 - 200 - LRB101 08002 RLC 74920 a
the time of lease or, if any notice to that address is
returned as undeliverable, to the last known address
recorded in a United States Post Office approved database.
The service shall be deemed complete as of the date of
deposit in the United States mail. The notices shall be in
the following sequence and shall include, but not be
limited to, the information specified herein:
(i) A second notice of parking, standing, or
compliance violation if the first notice of the
violation was issued by affixing the original or a
facsimile of the notice to the unlawfully parked
vehicle or by handing the notice to the operator. This
notice shall specify or include the date and location
of the violation cited in the parking, standing, or
compliance violation notice, the particular regulation
violated, the vehicle make or a photograph of the
vehicle, the state registration number of the vehicle,
any requirement to complete a traffic education
program, the fine and any penalty that may be assessed
for late payment or failure to complete a traffic
education program, or both, when so provided by
ordinance, the availability of a hearing in which the
violation may be contested on its merits, and the time
and manner in which the hearing may be had. The notice
of violation shall also state that failure to complete
a required traffic education program, to pay the

10100SB1968ham001 - 201 - LRB101 08002 RLC 74920 a
indicated fine and any applicable penalty, or to appear
at a hearing on the merits in the time and manner
specified, will result in a final determination of
violation liability for the cited violation in the
amount of the fine or penalty indicated, and that, upon
the occurrence of a final determination of violation
liability for the failure, and the exhaustion of, or
failure to exhaust, available administrative or
judicial procedures for review, any incomplete traffic
education program or any unpaid fine or penalty, or
both, will constitute a debt due and owing the
municipality or county.
(ii) A notice of final determination of parking,
standing, compliance, automated speed enforcement
system, or automated traffic law violation liability.
This notice shall be sent following a final
determination of parking, standing, compliance,
automated speed enforcement system, or automated
traffic law violation liability and the conclusion of
judicial review procedures taken under this Section.
The notice shall state that the incomplete traffic
education program or the unpaid fine or penalty, or
both, is a debt due and owing the municipality or
county. The notice shall contain warnings that failure
to complete any required traffic education program or
to pay any fine or penalty due and owing the

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municipality or county, or both, within the time
specified may result in the municipality's or county's
filing of a petition in the Circuit Court to have the
incomplete traffic education program or unpaid fine or
penalty, or both, rendered a judgment as provided by
this Section, or, where applicable, may result in
suspension of the person's driver's drivers license
for failure to complete a traffic education program or
to pay fines or penalties, or both, for 5 or more
automated traffic law violations under Section
11-208.6 or 11-208.9 or automated speed enforcement
system violations under Section 11-208.8.
(6) A notice of impending driver's drivers license
suspension. This notice shall be sent to the person liable
for failure to complete a required traffic education
program or to pay any fine or penalty that remains due and
owing, or both, on 5 or more unpaid automated speed
enforcement system or automated traffic law violations.
The notice shall state that failure to complete a required
traffic education program or to pay the fine or penalty
owing, or both, within 45 days of the notice's date will
result in the municipality or county notifying the
Secretary of State that the person is eligible for
initiation of suspension proceedings under Section 6-306.5
of this Code. The notice shall also state that the person
may obtain a photostatic copy of an original ticket

10100SB1968ham001 - 203 - LRB101 08002 RLC 74920 a
imposing a fine or penalty by sending a self-addressed self
addressed, stamped envelope to the municipality or county
along with a request for the photostatic copy. The notice
of impending driver's drivers license suspension shall be
sent by first class United States mail, postage prepaid, to
the address recorded with the Secretary of State or, if any
notice to that address is returned as undeliverable, to the
last known address recorded in a United States Post Office
approved database.
(7) Final determinations of violation liability. A
final determination of violation liability shall occur
following failure to complete the required traffic
education program or to pay the fine or penalty, or both,
after a hearing officer's determination of violation
liability and the exhaustion of or failure to exhaust any
administrative review procedures provided by ordinance.
Where a person fails to appear at a hearing to contest the
alleged violation in the time and manner specified in a
prior mailed notice, the hearing officer's determination
of violation liability shall become final: (A) upon denial
of a timely petition to set aside that determination, or
(B) upon expiration of the period for filing the petition
without a filing having been made.
(8) A petition to set aside a determination of parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violation liability that may be

10100SB1968ham001 - 204 - LRB101 08002 RLC 74920 a
filed by a person owing an unpaid fine or penalty. A
petition to set aside a determination of liability may also
be filed by a person required to complete a traffic
education program. The petition shall be filed with and
ruled upon by the traffic compliance administrator in the
manner and within the time specified by ordinance. The
grounds for the petition may be limited to: (A) the person
not having been the owner or lessee of the cited vehicle on
the date the violation notice was issued, (B) the person
having already completed the required traffic education
program or paid the fine or penalty, or both, for the
violation in question, and (C) excusable failure to appear
at or request a new date for a hearing. With regard to
municipalities or counties with a population of 1 million
or more, it shall be grounds for dismissal of a parking
violation if the state registration number or vehicle make,
only if specified in the violation notice, is incorrect.
After the determination of parking, standing, compliance,
automated speed enforcement system, or automated traffic
law violation liability has been set aside upon a showing
of just cause, the registered owner shall be provided with
a hearing on the merits for that violation.
(9) Procedures for non-residents. Procedures by which
persons who are not residents of the municipality or county
may contest the merits of the alleged violation without
attending a hearing.

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(10) A schedule of civil fines for violations of
vehicular standing, parking, compliance, automated speed
enforcement system, or automated traffic law regulations
enacted by ordinance pursuant to this Section, and a
schedule of penalties for late payment of the fines or
failure to complete required traffic education programs,
provided, however, that the total amount of the fine and
penalty for any one violation shall not exceed $250, except
as provided in subsection (c) of Section 11-1301.3 of this
Code.
(11) Other provisions as are necessary and proper to
carry into effect the powers granted and purposes stated in
this Section.
(c) Any municipality or county establishing vehicular
standing, parking, compliance, automated speed enforcement
system, or automated traffic law regulations under this Section
may also provide by ordinance for a program of vehicle
immobilization for the purpose of facilitating enforcement of
those regulations. The program of vehicle immobilization shall
provide for immobilizing any eligible vehicle upon the public
way by presence of a restraint in a manner to prevent operation
of the vehicle. Any ordinance establishing a program of vehicle
immobilization under this Section shall provide:
(1) Criteria for the designation of vehicles eligible
for immobilization. A vehicle shall be eligible for
immobilization when the registered owner of the vehicle has

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accumulated the number of incomplete traffic education
programs or unpaid final determinations of parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violation liability, or both, as
determined by ordinance.
(2) A notice of impending vehicle immobilization and a
right to a hearing to challenge the validity of the notice
by disproving liability for the incomplete traffic
education programs or unpaid final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation liability, or
both, listed on the notice.
(3) The right to a prompt hearing after a vehicle has
been immobilized or subsequently towed without the
completion of the required traffic education program or
payment of the outstanding fines and penalties on parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violations, or both, for which
final determinations have been issued. An order issued
after the hearing is a final administrative decision within
the meaning of Section 3-101 of the Code of Civil
Procedure.
(4) A post immobilization and post-towing notice
advising the registered owner of the vehicle of the right
to a hearing to challenge the validity of the impoundment.
(d) Judicial review of final determinations of parking,

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standing, compliance, automated speed enforcement system, or
automated traffic law violations and final administrative
decisions issued after hearings regarding vehicle
immobilization and impoundment made under this Section shall be
subject to the provisions of the Administrative Review Law.
(e) Any fine, penalty, incomplete traffic education
program, or part of any fine or any penalty remaining unpaid
after the exhaustion of, or the failure to exhaust,
administrative remedies created under this Section and the
conclusion of any judicial review procedures shall be a debt
due and owing the municipality or county and, as such, may be
collected in accordance with applicable law. Completion of any
required traffic education program and payment in full of any
fine or penalty resulting from a standing, parking, compliance,
automated speed enforcement system, or automated traffic law
violation shall constitute a final disposition of that
violation.
(f) After the expiration of the period within which
judicial review may be sought for a final determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation, the municipality or
county may commence a proceeding in the Circuit Court for
purposes of obtaining a judgment on the final determination of
violation. Nothing in this Section shall prevent a municipality
or county from consolidating multiple final determinations of
parking, standing, compliance, automated speed enforcement

10100SB1968ham001 - 208 - LRB101 08002 RLC 74920 a
system, or automated traffic law violations against a person in
a proceeding. Upon commencement of the action, the municipality
or county shall file a certified copy or record of the final
determination of parking, standing, compliance, automated
speed enforcement system, or automated traffic law violation,
which shall be accompanied by a certification that recites
facts sufficient to show that the final determination of
violation was issued in accordance with this Section and the
applicable municipal or county ordinance. Service of the
summons and a copy of the petition may be by any method
provided by Section 2-203 of the Code of Civil Procedure or by
certified mail, return receipt requested, provided that the
total amount of fines and penalties for final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violations does not exceed
$2500. If the court is satisfied that the final determination
of parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation was entered in
accordance with the requirements of this Section and the
applicable municipal or county ordinance, and that the
registered owner or the lessee, as the case may be, had an
opportunity for an administrative hearing and for judicial
review as provided in this Section, the court shall render
judgment in favor of the municipality or county and against the
registered owner or the lessee for the amount indicated in the
final determination of parking, standing, compliance,

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automated speed enforcement system, or automated traffic law
violation, plus costs. The judgment shall have the same effect
and may be enforced in the same manner as other judgments for
the recovery of money.
(g) The fee for participating in a traffic education
program under this Section shall not exceed $25.
A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
revised 12-21-20.)
(625 ILCS 5/11-208.6)
Sec. 11-208.6. Automated traffic law enforcement system.
(a) As used in this Section, "automated traffic law
enforcement system" means a device with one or more motor
vehicle sensors working in conjunction with a red light signal
to produce recorded images of motor vehicles entering an
intersection against a red signal indication in violation of
Section 11-306 of this Code or a similar provision of a local
ordinance.
An automated traffic law enforcement system is a system, in

10100SB1968ham001 - 210 - LRB101 08002 RLC 74920 a
a municipality or county operated by a governmental agency,
that produces a recorded image of a motor vehicle's violation
of a provision of this Code or a local ordinance and is
designed to obtain a clear recorded image of the vehicle and
the vehicle's license plate. The recorded image must also
display the time, date, and location of the violation.
(b) As used in this Section, "recorded images" means images
recorded by an automated traffic law enforcement system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and, on
at least one image or portion of the recording, clearly
identifying the registration plate or digital registration
plate number of the motor vehicle.
(b-5) A municipality or county that produces a recorded
image of a motor vehicle's violation of a provision of this
Code or a local ordinance must make the recorded images of a
violation accessible to the alleged violator by providing the
alleged violator with a website address, accessible through the
Internet.
(c) Except as provided under Section 11-208.8 of this Code,
a county or municipality, including a home rule county or
municipality, may not use an automated traffic law enforcement
system to provide recorded images of a motor vehicle for the
purpose of recording its speed. Except as provided under

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Section 11-208.8 of this Code, the regulation of the use of
automated traffic law enforcement systems to record vehicle
speeds is an exclusive power and function of the State. This
subsection (c) is a denial and limitation of home rule powers
and functions under subsection (h) of Section 6 of Article VII
of the Illinois Constitution.
(c-5) A county or municipality, including a home rule
county or municipality, may not use an automated traffic law
enforcement system to issue violations in instances where the
motor vehicle comes to a complete stop and does not enter the
intersection, as defined by Section 1-132 of this Code, during
the cycle of the red signal indication unless one or more
pedestrians or bicyclists are present, even if the motor
vehicle stops at a point past a stop line or crosswalk where a
driver is required to stop, as specified in subsection (c) of
Section 11-306 of this Code or a similar provision of a local
ordinance.
(c-6) A county, or a municipality with less than 2,000,000
inhabitants, including a home rule county or municipality, may
not use an automated traffic law enforcement system to issue
violations in instances where a motorcyclist enters an
intersection against a red signal indication when the red
signal fails to change to a green signal within a reasonable
period of time not less than 120 seconds because of a signal
malfunction or because the signal has failed to detect the
arrival of the motorcycle due to the motorcycle's size or

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weight.
(d) For each violation of a provision of this Code or a
local ordinance recorded by an automatic traffic law
enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, within 30 days after the Secretary of State
notifies the municipality or county of the identity of the
owner of the vehicle, but in no event later than 90 days after
the violation.
The notice shall include:
(1) the name and address of the registered owner of the
vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
requirements of any traffic education program imposed and
the date by which the civil penalty should be paid and the
traffic education program should be completed;
(8) a statement that recorded images are evidence of a
violation of a red light signal;

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(9) a warning that failure to pay the civil penalty, to
complete a required traffic education program, or to
contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle;
(10) a statement that the person may elect to proceed
by:
(A) paying the fine, completing a required traffic
education program, or both; or
(B) challenging the charge in court, by mail, or by
administrative hearing; and
(11) a website address, accessible through the
Internet, where the person may view the recorded images of
the violation.
(e) (Blank). If a person charged with a traffic violation,
as a result of an automated traffic law enforcement system,
does not pay the fine or complete a required traffic education
program, or both, or successfully contest the civil penalty
resulting from that violation, the Secretary of State shall
suspend the driving privileges of the registered owner of the
vehicle under Section 6-306.5 of this Code for failing to
complete a required traffic education program or to pay any
fine or penalty due and owing, or both, as a result of a
combination of 5 violations of the automated traffic law
enforcement system or the automated speed enforcement system
under Section 11-208.8 of this Code.

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(f) Based on inspection of recorded images produced by an
automated traffic law enforcement system, a notice alleging
that the violation occurred shall be evidence of the facts
contained in the notice and admissible in any proceeding
alleging a violation under this Section.
(g) Recorded images made by an automatic traffic law
enforcement system are confidential and shall be made available
only to the alleged violator and governmental and law
enforcement agencies for purposes of adjudicating a violation
of this Section, for statistical purposes, or for other
governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
(h) The court or hearing officer may consider in defense of
a violation:
(1) that the motor vehicle or registration plates or
digital registration plates of the motor vehicle were
stolen before the violation occurred and not under the
control of or in the possession of the owner at the time of
the violation;
(2) that the driver of the vehicle passed through the
intersection when the light was red either (i) in order to
yield the right-of-way to an emergency vehicle or (ii) as
part of a funeral procession; and
(3) any other evidence or issues provided by municipal
or county ordinance.

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(i) To demonstrate that the motor vehicle or the
registration plates or digital registration plates were stolen
before the violation occurred and were not under the control or
possession of the owner at the time of the violation, the owner
must submit proof that a report concerning the stolen motor
vehicle or registration plates was filed with a law enforcement
agency in a timely manner.
(j) Unless the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time of
the violation, the motor vehicle owner is subject to a civil
penalty not exceeding $100 or the completion of a traffic
education program, or both, plus an additional penalty of not
more than $100 for failure to pay the original penalty or to
complete a required traffic education program, or both, in a
timely manner, if the motor vehicle is recorded by an automated
traffic law enforcement system. A violation for which a civil
penalty is imposed under this Section is not a violation of a
traffic regulation governing the movement of vehicles and may
not be recorded on the driving record of the owner of the
vehicle.
(j-3) A registered owner who is a holder of a valid
commercial driver's license is not required to complete a
traffic education program.
(j-5) For purposes of the required traffic education
program only, a registered owner may submit an affidavit to the
court or hearing officer swearing that at the time of the

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alleged violation, the vehicle was in the custody and control
of another person. The affidavit must identify the person in
custody and control of the vehicle, including the person's name
and current address. The person in custody and control of the
vehicle at the time of the violation is required to complete
the required traffic education program. If the person in
custody and control of the vehicle at the time of the violation
completes the required traffic education program, the
registered owner of the vehicle is not required to complete a
traffic education program.
(k) An intersection equipped with an automated traffic law
enforcement system must be posted with a sign visible to
approaching traffic indicating that the intersection is being
monitored by an automated traffic law enforcement system.
(k-3) A municipality or county that has one or more
intersections equipped with an automated traffic law
enforcement system must provide notice to drivers by posting
the locations of automated traffic law systems on the
municipality or county website.
(k-5) An intersection equipped with an automated traffic
law enforcement system must have a yellow change interval that
conforms with the Illinois Manual on Uniform Traffic Control
Devices (IMUTCD) published by the Illinois Department of
Transportation.
(k-7) A municipality or county operating an automated
traffic law enforcement system shall conduct a statistical

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analysis to assess the safety impact of each automated traffic
law enforcement system at an intersection following
installation of the system. The statistical analysis shall be
based upon the best available crash, traffic, and other data,
and shall cover a period of time before and after installation
of the system sufficient to provide a statistically valid
comparison of safety impact. The statistical analysis shall be
consistent with professional judgment and acceptable industry
practice. The statistical analysis also shall be consistent
with the data required for valid comparisons of before and
after conditions and shall be conducted within a reasonable
period following the installation of the automated traffic law
enforcement system. The statistical analysis required by this
subsection (k-7) shall be made available to the public and
shall be published on the website of the municipality or
county. If the statistical analysis for the 36 month period
following installation of the system indicates that there has
been an increase in the rate of accidents at the approach to
the intersection monitored by the system, the municipality or
county shall undertake additional studies to determine the
cause and severity of the accidents, and may take any action
that it determines is necessary or appropriate to reduce the
number or severity of the accidents at that intersection.
(l) The compensation paid for an automated traffic law
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of

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traffic citations issued or the revenue generated by the
system.
(m) This Section applies only to the counties of Cook,
DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
to municipalities located within those counties.
(n) The fee for participating in a traffic education
program under this Section shall not exceed $25.
A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(o) (Blank). A municipality or county shall make a
certified report to the Secretary of State pursuant to Section
6-306.5 of this Code whenever a registered owner of a vehicle
has failed to pay any fine or penalty due and owing as a result
of a combination of 5 offenses for automated traffic law or
speed enforcement system violations.
(p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor

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provides within 60 days after such receipt the name and address
of the lessee. The drivers license number of a lessee may be
subsequently individually requested by the appropriate
authority if needed for enforcement of this Section.
Upon the provision of information by the lessor pursuant to
this subsection, the county or municipality may issue the
violation to the lessee of the vehicle in the same manner as it
would issue a violation to a registered owner of a vehicle
pursuant to this Section, and the lessee may be held liable for
the violation.
(Source: P.A. 101-395, eff. 8-16-19.)
(625 ILCS 5/11-208.8)
Sec. 11-208.8. Automated speed enforcement systems in
safety zones.
(a) As used in this Section:
"Automated speed enforcement system" means a photographic
device, radar device, laser device, or other electrical or
mechanical device or devices installed or utilized in a safety
zone and designed to record the speed of a vehicle and obtain a
clear photograph or other recorded image of the vehicle and the
vehicle's registration plate or digital registration plate
while the driver is violating Article VI of Chapter 11 of this
Code or a similar provision of a local ordinance.
An automated speed enforcement system is a system, located
in a safety zone which is under the jurisdiction of a

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municipality, that produces a recorded image of a motor
vehicle's violation of a provision of this Code or a local
ordinance and is designed to obtain a clear recorded image of
the vehicle and the vehicle's license plate. The recorded image
must also display the time, date, and location of the
violation.
"Owner" means the person or entity to whom the vehicle is
registered.
"Recorded image" means images recorded by an automated
speed enforcement system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and, on
at least one image or portion of the recording, clearly
identifying the registration plate or digital registration
plate number of the motor vehicle.
"Safety zone" means an area that is within one-eighth of a
mile from the nearest property line of any public or private
elementary or secondary school, or from the nearest property
line of any facility, area, or land owned by a school district
that is used for educational purposes approved by the Illinois
State Board of Education, not including school district
headquarters or administrative buildings. A safety zone also
includes an area that is within one-eighth of a mile from the
nearest property line of any facility, area, or land owned by a

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park district used for recreational purposes. However, if any
portion of a roadway is within either one-eighth mile radius,
the safety zone also shall include the roadway extended to the
furthest portion of the next furthest intersection. The term
"safety zone" does not include any portion of the roadway known
as Lake Shore Drive or any controlled access highway with 8 or
more lanes of traffic.
(a-5) The automated speed enforcement system shall be
operational and violations shall be recorded only at the
following times:
(i) if the safety zone is based upon the property line
of any facility, area, or land owned by a school district,
only on school days and no earlier than 6 a.m. and no later
than 8:30 p.m. if the school day is during the period of
Monday through Thursday, or 9 p.m. if the school day is a
Friday; and
(ii) if the safety zone is based upon the property line
of any facility, area, or land owned by a park district, no
earlier than one hour prior to the time that the facility,
area, or land is open to the public or other patrons, and
no later than one hour after the facility, area, or land is
closed to the public or other patrons.
(b) A municipality that produces a recorded image of a
motor vehicle's violation of a provision of this Code or a
local ordinance must make the recorded images of a violation
accessible to the alleged violator by providing the alleged

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violator with a website address, accessible through the
Internet.
(c) Notwithstanding any penalties for any other violations
of this Code, the owner of a motor vehicle used in a traffic
violation recorded by an automated speed enforcement system
shall be subject to the following penalties:
(1) if the recorded speed is no less than 6 miles per
hour and no more than 10 miles per hour over the legal
speed limit, a civil penalty not exceeding $50, plus an
additional penalty of not more than $50 for failure to pay
the original penalty in a timely manner; or
(2) if the recorded speed is more than 10 miles per
hour over the legal speed limit, a civil penalty not
exceeding $100, plus an additional penalty of not more than
$100 for failure to pay the original penalty in a timely
manner.
A penalty may not be imposed under this Section if the
driver of the motor vehicle received a Uniform Traffic Citation
from a police officer for a speeding violation occurring within
one-eighth of a mile and 15 minutes of the violation that was
recorded by the system. A violation for which a civil penalty
is imposed under this Section is not a violation of a traffic
regulation governing the movement of vehicles and may not be
recorded on the driving record of the owner of the vehicle. A
law enforcement officer is not required to be present or to
witness the violation. No penalty may be imposed under this

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Section if the recorded speed of a vehicle is 5 miles per hour
or less over the legal speed limit. The municipality may send,
in the same manner that notices are sent under this Section, a
speed violation warning notice where the violation involves a
speed of 5 miles per hour or less above the legal speed limit.
(d) The net proceeds that a municipality receives from
civil penalties imposed under an automated speed enforcement
system, after deducting all non-personnel and personnel costs
associated with the operation and maintenance of such system,
shall be expended or obligated by the municipality for the
following purposes:
(i) public safety initiatives to ensure safe passage
around schools, and to provide police protection and
surveillance around schools and parks, including but not
limited to: (1) personnel costs; and (2) non-personnel
costs such as construction and maintenance of public safety
infrastructure and equipment;
(ii) initiatives to improve pedestrian and traffic
safety;
(iii) construction and maintenance of infrastructure
within the municipality, including but not limited to roads
and bridges; and
(iv) after school programs.
(e) For each violation of a provision of this Code or a
local ordinance recorded by an automated speed enforcement
system, the municipality having jurisdiction shall issue a

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written notice of the violation to the registered owner of the
vehicle as the alleged violator. The notice shall be delivered
to the registered owner of the vehicle, by mail, within 30 days
after the Secretary of State notifies the municipality of the
identity of the owner of the vehicle, but in no event later
than 90 days after the violation.
(f) The notice required under subsection (e) of this
Section shall include:
(1) the name and address of the registered owner of the
vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the date, time, and location where the violation
occurred;
(5) a copy of the recorded image or images;
(6) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(7) a statement that recorded images are evidence of a
violation of a speed restriction;
(8) a warning that failure to pay the civil penalty or
to contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle;
(9) a statement that the person may elect to proceed
by:

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(A) paying the fine; or
(B) challenging the charge in court, by mail, or by
administrative hearing; and
(10) a website address, accessible through the
Internet, where the person may view the recorded images of
the violation.
(g) (Blank). If a person charged with a traffic violation,
as a result of an automated speed enforcement system, does not
pay the fine or successfully contest the civil penalty
resulting from that violation, the Secretary of State shall
suspend the driving privileges of the registered owner of the
vehicle under Section 6-306.5 of this Code for failing to pay
any fine or penalty due and owing, or both, as a result of a
combination of 5 violations of the automated speed enforcement
system or the automated traffic law under Section 11-208.6 of
this Code.
(h) Based on inspection of recorded images produced by an
automated speed enforcement system, a notice alleging that the
violation occurred shall be evidence of the facts contained in
the notice and admissible in any proceeding alleging a
violation under this Section.
(i) Recorded images made by an automated speed enforcement
system are confidential and shall be made available only to the
alleged violator and governmental and law enforcement agencies
for purposes of adjudicating a violation of this Section, for
statistical purposes, or for other governmental purposes. Any

10100SB1968ham001 - 226 - LRB101 08002 RLC 74920 a
recorded image evidencing a violation of this Section, however,
may be admissible in any proceeding resulting from the issuance
of the citation.
(j) The court or hearing officer may consider in defense of
a violation:
(1) that the motor vehicle or registration plates or
digital registration plates of the motor vehicle were
stolen before the violation occurred and not under the
control or in the possession of the owner at the time of
the violation;
(2) that the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer for a
speeding violation occurring within one-eighth of a mile
and 15 minutes of the violation that was recorded by the
system; and
(3) any other evidence or issues provided by municipal
ordinance.
(k) To demonstrate that the motor vehicle or the
registration plates or digital registration plates were stolen
before the violation occurred and were not under the control or
possession of the owner at the time of the violation, the owner
must submit proof that a report concerning the stolen motor
vehicle or registration plates was filed with a law enforcement
agency in a timely manner.
(l) A roadway equipped with an automated speed enforcement
system shall be posted with a sign conforming to the national

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Manual on Uniform Traffic Control Devices that is visible to
approaching traffic stating that vehicle speeds are being
photo-enforced and indicating the speed limit. The
municipality shall install such additional signage as it
determines is necessary to give reasonable notice to drivers as
to where automated speed enforcement systems are installed.
(m) A roadway where a new automated speed enforcement
system is installed shall be posted with signs providing 30
days notice of the use of a new automated speed enforcement
system prior to the issuance of any citations through the
automated speed enforcement system.
(n) The compensation paid for an automated speed
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
(o) (Blank). A municipality shall make a certified report
to the Secretary of State pursuant to Section 6-306.5 of this
Code whenever a registered owner of a vehicle has failed to pay
any fine or penalty due and owing as a result of a combination
of 5 offenses for automated speed or traffic law enforcement
system violations.
(p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided

10100SB1968ham001 - 228 - LRB101 08002 RLC 74920 a
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and address
of the lessee. The drivers license number of a lessee may be
subsequently individually requested by the appropriate
authority if needed for enforcement of this Section.
Upon the provision of information by the lessor pursuant to
this subsection, the municipality may issue the violation to
the lessee of the vehicle in the same manner as it would issue
a violation to a registered owner of a vehicle pursuant to this
Section, and the lessee may be held liable for the violation.
(q) A municipality using an automated speed enforcement
system must provide notice to drivers by publishing the
locations of all safety zones where system equipment is
installed on the website of the municipality.
(r) A municipality operating an automated speed
enforcement system shall conduct a statistical analysis to
assess the safety impact of the system. The statistical
analysis shall be based upon the best available crash, traffic,
and other data, and shall cover a period of time before and
after installation of the system sufficient to provide a
statistically valid comparison of safety impact. The
statistical analysis shall be consistent with professional
judgment and acceptable industry practice. The statistical
analysis also shall be consistent with the data required for
valid comparisons of before and after conditions and shall be

10100SB1968ham001 - 229 - LRB101 08002 RLC 74920 a
conducted within a reasonable period following the
installation of the automated traffic law enforcement system.
The statistical analysis required by this subsection shall be
made available to the public and shall be published on the
website of the municipality.
(s) This Section applies only to municipalities with a
population of 1,000,000 or more inhabitants.
(Source: P.A. 101-395, eff. 8-16-19.)
(625 ILCS 5/11-208.9)
Sec. 11-208.9. Automated traffic law enforcement system;
approaching, overtaking, and passing a school bus.
(a) As used in this Section, "automated traffic law
enforcement system" means a device with one or more motor
vehicle sensors working in conjunction with the visual signals
on a school bus, as specified in Sections 12-803 and 12-805 of
this Code, to produce recorded images of motor vehicles that
fail to stop before meeting or overtaking, from either
direction, any school bus stopped at any location for the
purpose of receiving or discharging pupils in violation of
Section 11-1414 of this Code or a similar provision of a local
ordinance.
An automated traffic law enforcement system is a system, in
a municipality or county operated by a governmental agency,
that produces a recorded image of a motor vehicle's violation
of a provision of this Code or a local ordinance and is

10100SB1968ham001 - 230 - LRB101 08002 RLC 74920 a
designed to obtain a clear recorded image of the vehicle and
the vehicle's license plate. The recorded image must also
display the time, date, and location of the violation.
(b) As used in this Section, "recorded images" means images
recorded by an automated traffic law enforcement system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and, on
at least one image or portion of the recording, clearly
identifying the registration plate or digital registration
plate number of the motor vehicle.
(c) A municipality or county that produces a recorded image
of a motor vehicle's violation of a provision of this Code or a
local ordinance must make the recorded images of a violation
accessible to the alleged violator by providing the alleged
violator with a website address, accessible through the
Internet.
(d) For each violation of a provision of this Code or a
local ordinance recorded by an automated traffic law
enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, within 30 days after the Secretary of State
notifies the municipality or county of the identity of the

10100SB1968ham001 - 231 - LRB101 08002 RLC 74920 a
owner of the vehicle, but in no event later than 90 days after
the violation.
(e) The notice required under subsection (d) shall include:
(1) the name and address of the registered owner of the
vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(8) a statement that recorded images are evidence of a
violation of overtaking or passing a school bus stopped for
the purpose of receiving or discharging pupils;
(9) a warning that failure to pay the civil penalty or
to contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle;
(10) a statement that the person may elect to proceed
by:
(A) paying the fine; or
(B) challenging the charge in court, by mail, or by
administrative hearing; and
(11) a website address, accessible through the

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Internet, where the person may view the recorded images of
the violation.
(f) (Blank). If a person charged with a traffic violation,
as a result of an automated traffic law enforcement system
under this Section, does not pay the fine or successfully
contest the civil penalty resulting from that violation, the
Secretary of State shall suspend the driving privileges of the
registered owner of the vehicle under Section 6-306.5 of this
Code for failing to pay any fine or penalty due and owing as a
result of a combination of 5 violations of the automated
traffic law enforcement system or the automated speed
enforcement system under Section 11-208.8 of this Code.
(g) Based on inspection of recorded images produced by an
automated traffic law enforcement system, a notice alleging
that the violation occurred shall be evidence of the facts
contained in the notice and admissible in any proceeding
alleging a violation under this Section.
(h) Recorded images made by an automated traffic law
enforcement system are confidential and shall be made available
only to the alleged violator and governmental and law
enforcement agencies for purposes of adjudicating a violation
of this Section, for statistical purposes, or for other
governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
(i) The court or hearing officer may consider in defense of

10100SB1968ham001 - 233 - LRB101 08002 RLC 74920 a
a violation:
(1) that the motor vehicle or registration plates or
digital registration plates of the motor vehicle were
stolen before the violation occurred and not under the
control of or in the possession of the owner at the time of
the violation;
(2) that the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer for a
violation of Section 11-1414 of this Code within one-eighth
of a mile and 15 minutes of the violation that was recorded
by the system;
(3) that the visual signals required by Sections 12-803
and 12-805 of this Code were damaged, not activated, not
present in violation of Sections 12-803 and 12-805, or
inoperable; and
(4) any other evidence or issues provided by municipal
or county ordinance.
(j) To demonstrate that the motor vehicle or the
registration plates or digital registration plates were stolen
before the violation occurred and were not under the control or
possession of the owner at the time of the violation, the owner
must submit proof that a report concerning the stolen motor
vehicle or registration plates was filed with a law enforcement
agency in a timely manner.
(k) Unless the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time of

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the violation, the motor vehicle owner is subject to a civil
penalty not exceeding $150 for a first time violation or $500
for a second or subsequent violation, plus an additional
penalty of not more than $100 for failure to pay the original
penalty in a timely manner, if the motor vehicle is recorded by
an automated traffic law enforcement system. A violation for
which a civil penalty is imposed under this Section is not a
violation of a traffic regulation governing the movement of
vehicles and may not be recorded on the driving record of the
owner of the vehicle, but may be recorded by the municipality
or county for the purpose of determining if a person is subject
to the higher fine for a second or subsequent offense.
(l) A school bus equipped with an automated traffic law
enforcement system must be posted with a sign indicating that
the school bus is being monitored by an automated traffic law
enforcement system.
(m) A municipality or county that has one or more school
buses equipped with an automated traffic law enforcement system
must provide notice to drivers by posting a list of school
districts using school buses equipped with an automated traffic
law enforcement system on the municipality or county website.
School districts that have one or more school buses equipped
with an automated traffic law enforcement system must provide
notice to drivers by posting that information on their
websites.
(n) A municipality or county operating an automated traffic

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law enforcement system shall conduct a statistical analysis to
assess the safety impact in each school district using school
buses equipped with an automated traffic law enforcement system
following installation of the system. The statistical analysis
shall be based upon the best available crash, traffic, and
other data, and shall cover a period of time before and after
installation of the system sufficient to provide a
statistically valid comparison of safety impact. The
statistical analysis shall be consistent with professional
judgment and acceptable industry practice. The statistical
analysis also shall be consistent with the data required for
valid comparisons of before and after conditions and shall be
conducted within a reasonable period following the
installation of the automated traffic law enforcement system.
The statistical analysis required by this subsection shall be
made available to the public and shall be published on the
website of the municipality or county. If the statistical
analysis for the 36-month period following installation of the
system indicates that there has been an increase in the rate of
accidents at the approach to school buses monitored by the
system, the municipality or county shall undertake additional
studies to determine the cause and severity of the accidents,
and may take any action that it determines is necessary or
appropriate to reduce the number or severity of the accidents
involving school buses equipped with an automated traffic law
enforcement system.

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(o) The compensation paid for an automated traffic law
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
(p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and address
of the lessee. The drivers license number of a lessee may be
subsequently individually requested by the appropriate
authority if needed for enforcement of this Section.
Upon the provision of information by the lessor pursuant to
this subsection, the county or municipality may issue the
violation to the lessee of the vehicle in the same manner as it
would issue a violation to a registered owner of a vehicle
pursuant to this Section, and the lessee may be held liable for
the violation.
(q) (Blank). A municipality or county shall make a
certified report to the Secretary of State pursuant to Section
6-306.5 of this Code whenever a registered owner of a vehicle
has failed to pay any fine or penalty due and owing as a result
of a combination of 5 offenses for automated traffic law or

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speed enforcement system violations.
(r) After a municipality or county enacts an ordinance
providing for automated traffic law enforcement systems under
this Section, each school district within that municipality or
county's jurisdiction may implement an automated traffic law
enforcement system under this Section. The elected school board
for that district must approve the implementation of an
automated traffic law enforcement system. The school district
shall be responsible for entering into a contract, approved by
the elected school board of that district, with vendors for the
installation, maintenance, and operation of the automated
traffic law enforcement system. The school district must enter
into an intergovernmental agreement, approved by the elected
school board of that district, with the municipality or county
with jurisdiction over that school district for the
administration of the automated traffic law enforcement
system. The proceeds from a school district's automated traffic
law enforcement system's fines shall be divided equally between
the school district and the municipality or county
administering the automated traffic law enforcement system.
(Source: P.A. 101-395, eff. 8-16-19.)
(625 ILCS 5/11-1201.1)
Sec. 11-1201.1. Automated Railroad Crossing Enforcement
System.
(a) For the purposes of this Section, an automated railroad

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grade crossing enforcement system is a system in a municipality
or county operated by a governmental agency that produces a
recorded image of a motor vehicle's violation of a provision of
this Code or local ordinance and is designed to obtain a clear
recorded image of the vehicle and vehicle's license plate. The
recorded image must also display the time, date, and location
of the violation.
As used in this Section, "recorded images" means images
recorded by an automated railroad grade crossing enforcement
system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and, on
at least one image or portion of the recording, clearly
identifying the registration plate or digital registration
plate number of the motor vehicle.
(b) The Illinois Commerce Commission may, in cooperation
with a local law enforcement agency, establish in any county or
municipality an automated railroad grade crossing enforcement
system at any railroad grade crossing equipped with a crossing
gate designated by local authorities. Local authorities
desiring the establishment of an automated railroad crossing
enforcement system must initiate the process by enacting a
local ordinance requesting the creation of such a system. After
the ordinance has been enacted, and before any additional steps

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toward the establishment of the system are undertaken, the
local authorities and the Commission must agree to a plan for
obtaining, from any combination of federal, State, and local
funding sources, the moneys required for the purchase and
installation of any necessary equipment.
(b-1) (Blank.)
(c) For each violation of Section 11-1201 of this Code or a
local ordinance recorded by an automated railroad grade
crossing enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, no later than 90 days after the violation.
The notice shall include:
(1) the name and address of the registered owner of the
vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(8) a statement that recorded images are evidence of a
violation of a railroad grade crossing;

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(9) a warning that failure to pay the civil penalty or
to contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle; and
(10) a statement that the person may elect to proceed
by:
(A) paying the fine; or
(B) challenging the charge in court, by mail, or by
administrative hearing.
(d) (Blank). If a person charged with a traffic violation,
as a result of an automated railroad grade crossing enforcement
system, does not pay or successfully contest the civil penalty
resulting from that violation, the Secretary of State shall
suspend the driving privileges of the registered owner of the
vehicle under Section 6-306.5 of this Code for failing to pay
any fine or penalty due and owing as a result of 5 violations
of the automated railroad grade crossing enforcement system.
(d-1) (Blank.)
(d-2) (Blank.)
(e) Based on inspection of recorded images produced by an
automated railroad grade crossing enforcement system, a notice
alleging that the violation occurred shall be evidence of the
facts contained in the notice and admissible in any proceeding
alleging a violation under this Section.
(e-1) Recorded images made by an automated railroad grade
crossing enforcement system are confidential and shall be made

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available only to the alleged violator and governmental and law
enforcement agencies for purposes of adjudicating a violation
of this Section, for statistical purposes, or for other
governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
(e-2) The court or hearing officer may consider the
following in the defense of a violation:
(1) that the motor vehicle or registration plates or
digital registration plates of the motor vehicle were
stolen before the violation occurred and not under the
control of or in the possession of the owner at the time of
the violation;
(2) that the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time
of the violation for the same offense;
(3) any other evidence or issues provided by municipal
or county ordinance.
(e-3) To demonstrate that the motor vehicle or the
registration plates or digital registration plates were stolen
before the violation occurred and were not under the control or
possession of the owner at the time of the violation, the owner
must submit proof that a report concerning the stolen motor
vehicle or registration plates was filed with a law enforcement
agency in a timely manner.
(f) Rail crossings equipped with an automatic railroad

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grade crossing enforcement system shall be posted with a sign
visible to approaching traffic stating that the railroad grade
crossing is being monitored, that citations will be issued, and
the amount of the fine for violation.
(g) The compensation paid for an automated railroad grade
crossing enforcement system must be based on the value of the
equipment or the services provided and may not be based on the
number of citations issued or the revenue generated by the
system.
(h) (Blank.)
(i) If any part or parts of this Section are held by a
court of competent jurisdiction to be unconstitutional, the
unconstitutionality shall not affect the validity of the
remaining parts of this Section. The General Assembly hereby
declares that it would have passed the remaining parts of this
Section if it had known that the other part or parts of this
Section would be declared unconstitutional.
(j) Penalty. A civil fine of $250 shall be imposed for a
first violation of this Section, and a civil fine of $500 shall
be imposed for a second or subsequent violation of this
Section.
(Source: P.A. 101-395, eff. 8-16-19.)
(625 ILCS 5/4-214.1 rep.)
(625 ILCS 5/6-306.5 rep.)
(625 ILCS 5/6-306.6 rep.)

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Section 10-193. The Illinois Vehicle Code is amended by
repealing Sections 4-214.1, 6-306.5, and 6-306.6.
Section 10-195. The Snowmobile Registration and Safety Act
is amended by changing Section 5-7 as follows:
(625 ILCS 40/5-7)
Sec. 5-7. Operating a snowmobile while under the influence
of alcohol or other drug or drugs, intoxicating compound or
compounds, or a combination of them; criminal penalties;
suspension of operating privileges.
(a) A person may not operate or be in actual physical
control of a snowmobile within this State while:
1. The alcohol concentration in that person's blood,
other bodily substance, or breath is a concentration at
which driving a motor vehicle is prohibited under
subdivision (1) of subsection (a) of Section 11-501 of the
Illinois Vehicle Code;
2. The person is under the influence of alcohol;
3. The person is under the influence of any other drug
or combination of drugs to a degree that renders that
person incapable of safely operating a snowmobile;
3.1. The person is under the influence of any
intoxicating compound or combination of intoxicating
compounds to a degree that renders the person incapable of
safely operating a snowmobile;

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4. The person is under the combined influence of
alcohol and any other drug or drugs or intoxicating
compound or compounds to a degree that renders that person
incapable of safely operating a snowmobile;
4.3. The person who is not a CDL holder has a
tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance at which driving a motor
vehicle is prohibited under subdivision (7) of subsection
(a) of Section 11-501 of the Illinois Vehicle Code;
4.5. The person who is a CDL holder has any amount of a
drug, substance, or compound in the person's breath, blood,
other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act; or
5. There is any amount of a drug, substance, or
compound in that person's breath, blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of a controlled substance listed in the
Illinois Controlled Substances Act, methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act, or intoxicating compound listed in the use
of Intoxicating Compounds Act.
(b) The fact that a person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, any intoxicating compound or compounds, or any
combination of them does not constitute a defense against a

10100SB1968ham001 - 245 - LRB101 08002 RLC 74920 a
charge of violating this Section.
(c) Every person convicted of violating this Section or a
similar provision of a local ordinance is guilty of a Class A
misdemeanor, except as otherwise provided in this Section.
(c-1) As used in this Section, "first time offender" means
any person who has not had a previous conviction or been
assigned supervision for violating this Section or a similar
provision of a local ordinance, or any person who has not had a
suspension imposed under subsection (e) of Section 5-7.1.
(c-2) For purposes of this Section, the following are
equivalent to a conviction:
(1) a violation of the terms of pretrial release when
the court has not relieved the defendant of complying with
the terms of pretrial release forfeiture of bail or
collateral deposited to secure a defendant's appearance in
court when forfeiture has not been vacated; or
(2) the failure of a defendant to appear for trial.
(d) Every person convicted of violating this Section is
guilty of a Class 4 felony if:
1. The person has a previous conviction under this
Section;
2. The offense results in personal injury where a
person other than the operator suffers great bodily harm or
permanent disability or disfigurement, when the violation
was a proximate cause of the injuries. A person guilty of a
Class 4 felony under this paragraph 2, if sentenced to a

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term of imprisonment, shall be sentenced to not less than
one year nor more than 12 years; or
3. The offense occurred during a period in which the
person's privileges to operate a snowmobile are revoked or
suspended, and the revocation or suspension was for a
violation of this Section or was imposed under Section
5-7.1.
(e) Every person convicted of violating this Section is
guilty of a Class 2 felony if the offense results in the death
of a person. A person guilty of a Class 2 felony under this
subsection (e), if sentenced to a term of imprisonment, shall
be sentenced to a term of not less than 3 years and not more
than 14 years.
(e-1) Every person convicted of violating this Section or a
similar provision of a local ordinance who had a child under
the age of 16 on board the snowmobile at the time of offense
shall be subject to a mandatory minimum fine of $500 and shall
be subject to a mandatory minimum of 5 days of community
service in a program benefiting children. The assignment under
this subsection shall not be subject to suspension nor shall
the person be eligible for probation in order to reduce the
assignment.
(e-2) Every person found guilty of violating this Section,
whose operation of a snowmobile while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the expense

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of an emergency response as provided in subsection (i) of
Section 11-501.01 of the Illinois Vehicle Code.
(e-3) In addition to any other penalties and liabilities, a
person who is found guilty of violating this Section, including
any person placed on court supervision, shall be fined $100,
payable to the circuit clerk, who shall distribute the money to
the law enforcement agency that made the arrest. In the event
that more than one agency is responsible for the arrest, the
$100 shall be shared equally. Any moneys received by a law
enforcement agency under this subsection (e-3) shall be used to
purchase law enforcement equipment or to provide law
enforcement training that will assist in the prevention of
alcohol related criminal violence throughout the State. Law
enforcement equipment shall include, but is not limited to,
in-car video cameras, radar and laser speed detection devices,
and alcohol breath testers.
(f) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend the snowmobile
operation privileges of a person convicted or found guilty of a
misdemeanor under this Section for a period of one year, except
that first-time offenders are exempt from this mandatory one
year suspension.
(g) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend for a period of 5
years the snowmobile operation privileges of any person
convicted or found guilty of a felony under this Section.

10100SB1968ham001 - 248 - LRB101 08002 RLC 74920 a
(Source: P.A. 99-697, eff. 7-29-16; 100-201, eff. 8-18-17.)
Section 10-200. The Clerks of Courts Act is amended by
changing Section 27.3b as follows:
(705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
Sec. 27.3b. The clerk of court may accept payment of fines,
penalties, or costs by credit card or debit card approved by
the clerk from an offender who has been convicted of or placed
on court supervision for a traffic offense, petty offense,
ordinance offense, or misdemeanor or who has been convicted of
a felony offense. The clerk of the circuit court may accept
credit card payments over the Internet for fines, penalties, or
costs from offenders on voluntary electronic pleas of guilty in
minor traffic and conservation offenses to satisfy the
requirement of written pleas of guilty as provided in Illinois
Supreme Court Rule 529. The clerk of the court may also accept
payment of statutory fees by a credit card or debit card. The
clerk of the court may also accept the credit card or debit
card for the cash deposit of bail bond fees.
The Clerk of the circuit court is authorized to enter into
contracts with credit card or debit card companies approved by
the clerk and to negotiate the payment of convenience and
administrative fees normally charged by those companies for
allowing the clerk of the circuit court to accept their credit
cards or debit cards in payment as authorized herein. The clerk

10100SB1968ham001 - 249 - LRB101 08002 RLC 74920 a
of the circuit court is authorized to enter into contracts with
third party fund guarantors, facilitators, and service
providers under which those entities may contract directly with
customers of the clerk of the circuit court and guarantee and
remit the payments to the clerk of the circuit court. Where the
offender pays fines, penalties, or costs by credit card or
debit card or through a third party fund guarantor,
facilitator, or service provider, or anyone paying statutory
fees of the circuit court clerk or the posting of cash bail,
the clerk shall collect a service fee of up to $5 or the amount
charged to the clerk for use of its services by the credit card
or debit card issuer, third party fund guarantor, facilitator,
or service provider. This service fee shall be in addition to
any other fines, penalties, or costs. The clerk of the circuit
court is authorized to negotiate the assessment of convenience
and administrative fees by the third party fund guarantors,
facilitators, and service providers with the revenue earned by
the clerk of the circuit court to be remitted to the county
general revenue fund.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 10-205. The Attorney Act is amended by changing
Section 9 as follows:
(705 ILCS 205/9) (from Ch. 13, par. 9)
Sec. 9. All attorneys and counselors at law, judges, clerks

10100SB1968ham001 - 250 - LRB101 08002 RLC 74920 a
and sheriffs, and all other officers of the several courts
within this state, shall be liable to be arrested and held to
terms of pretrial release bail, and shall be subject to the
same legal process, and may in all respects be prosecuted and
proceeded against in the same courts and in the same manner as
other persons are, any law, usage or custom to the contrary
notwithstanding: Provided, nevertheless, said judges,
counselors or attorneys, clerks, sheriffs and other officers of
said courts, shall be privileged from arrest while attending
courts, and whilst going to and returning from court.
(Source: R.S. 1874, p. 169.)
Section 10-210. The Juvenile Court Act of 1987 is amended
by changing Sections 1-7, 1-8, and 5-150 as follows:
(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
Sec. 1-7. Confidentiality of juvenile law enforcement and
municipal ordinance violation records.
(A) All juvenile law enforcement records which have not
been expunged are confidential and may never be disclosed to
the general public or otherwise made widely available. Juvenile
law enforcement records may be obtained only under this Section
and Section 1-8 and Part 9 of Article V of this Act, when their
use is needed for good cause and with an order from the
juvenile court, as required by those not authorized to retain
them. Inspection, copying, and disclosure of juvenile law

10100SB1968ham001 - 251 - LRB101 08002 RLC 74920 a
enforcement records maintained by law enforcement agencies or
records of municipal ordinance violations maintained by any
State, local, or municipal agency that relate to a minor who
has been investigated, arrested, or taken into custody before
his or her 18th birthday shall be restricted to the following:
(0.05) The minor who is the subject of the juvenile law
enforcement record, his or her parents, guardian, and
counsel.
(0.10) Judges of the circuit court and members of the
staff of the court designated by the judge.
(0.15) An administrative adjudication hearing officer
or members of the staff designated to assist in the
administrative adjudication process.
(1) Any local, State, or federal law enforcement
officers or designated law enforcement staff of any
jurisdiction or agency when necessary for the discharge of
their official duties during the investigation or
prosecution of a crime or relating to a minor who has been
adjudicated delinquent and there has been a previous
finding that the act which constitutes the previous offense
was committed in furtherance of criminal activities by a
criminal street gang, or, when necessary for the discharge
of its official duties in connection with a particular
investigation of the conduct of a law enforcement officer,
an independent agency or its staff created by ordinance and
charged by a unit of local government with the duty of

10100SB1968ham001 - 252 - LRB101 08002 RLC 74920 a
investigating the conduct of law enforcement officers. For
purposes of this Section, "criminal street gang" has the
meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(2) Prosecutors, public defenders, probation officers,
social workers, or other individuals assigned by the court
to conduct a pre-adjudication or pre-disposition
investigation, and individuals responsible for supervising
or providing temporary or permanent care and custody for
minors under the order of the juvenile court, when
essential to performing their responsibilities.
(3) Federal, State, or local prosecutors, public
defenders, probation officers, and designated staff:
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required
under Section 5-805;
(b) when institution of criminal proceedings has
been permitted or required under Section 5-805 and the
minor is the subject of a proceeding to determine the
conditions of pretrial release amount of bail;
(c) when criminal proceedings have been permitted
or required under Section 5-805 and the minor is the
subject of a pre-trial investigation, pre-sentence
investigation, fitness hearing, or proceedings on an
application for probation; or
(d) in the course of prosecution or administrative

10100SB1968ham001 - 253 - LRB101 08002 RLC 74920 a
adjudication of a violation of a traffic, boating, or
fish and game law, or a county or municipal ordinance.
(4) Adult and Juvenile Prisoner Review Board.
(5) Authorized military personnel.
(5.5) Employees of the federal government authorized
by law.
(6) Persons engaged in bona fide research, with the
permission of the Presiding Judge and the chief executive
of the respective law enforcement agency; provided that
publication of such research results in no disclosure of a
minor's identity and protects the confidentiality of the
minor's record.
(7) Department of Children and Family Services child
protection investigators acting in their official
capacity.
(8) The appropriate school official only if the agency
or officer believes that there is an imminent threat of
physical harm to students, school personnel, or others who
are present in the school or on school grounds.
(A) Inspection and copying shall be limited to
juvenile law enforcement records transmitted to the
appropriate school official or officials whom the
school has determined to have a legitimate educational
or safety interest by a local law enforcement agency
under a reciprocal reporting system established and
maintained between the school district and the local

10100SB1968ham001 - 254 - LRB101 08002 RLC 74920 a
law enforcement agency under Section 10-20.14 of the
School Code concerning a minor enrolled in a school
within the school district who has been arrested or
taken into custody for any of the following offenses:
(i) any violation of Article 24 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(ii) a violation of the Illinois Controlled
Substances Act;
(iii) a violation of the Cannabis Control Act;
(iv) a forcible felony as defined in Section
2-8 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(v) a violation of the Methamphetamine Control
and Community Protection Act;
(vi) a violation of Section 1-2 of the
Harassing and Obscene Communications Act;
(vii) a violation of the Hazing Act; or
(viii) a violation of Section 12-1, 12-2,
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
The information derived from the juvenile law
enforcement records shall be kept separate from and
shall not become a part of the official school record
of that child and shall not be a public record. The
information shall be used solely by the appropriate

10100SB1968ham001 - 255 - LRB101 08002 RLC 74920 a
school official or officials whom the school has
determined to have a legitimate educational or safety
interest to aid in the proper rehabilitation of the
child and to protect the safety of students and
employees in the school. If the designated law
enforcement and school officials deem it to be in the
best interest of the minor, the student may be referred
to in-school or community-based social services if
those services are available. "Rehabilitation
services" may include interventions by school support
personnel, evaluation for eligibility for special
education, referrals to community-based agencies such
as youth services, behavioral healthcare service
providers, drug and alcohol prevention or treatment
programs, and other interventions as deemed
appropriate for the student.
(B) Any information provided to appropriate school
officials whom the school has determined to have a
legitimate educational or safety interest by local law
enforcement officials about a minor who is the subject
of a current police investigation that is directly
related to school safety shall consist of oral
information only, and not written juvenile law
enforcement records, and shall be used solely by the
appropriate school official or officials to protect
the safety of students and employees in the school and

10100SB1968ham001 - 256 - LRB101 08002 RLC 74920 a
aid in the proper rehabilitation of the child. The
information derived orally from the local law
enforcement officials shall be kept separate from and
shall not become a part of the official school record
of the child and shall not be a public record. This
limitation on the use of information about a minor who
is the subject of a current police investigation shall
in no way limit the use of this information by
prosecutors in pursuing criminal charges arising out
of the information disclosed during a police
investigation of the minor. For purposes of this
paragraph, "investigation" means an official
systematic inquiry by a law enforcement agency into
actual or suspected criminal activity.
(9) Mental health professionals on behalf of the
Department of Corrections or the Department of Human
Services or prosecutors who are evaluating, prosecuting,
or investigating a potential or actual petition brought
under the Sexually Violent Persons Commitment Act relating
to a person who is the subject of juvenile law enforcement
records or the respondent to a petition brought under the
Sexually Violent Persons Commitment Act who is the subject
of the juvenile law enforcement records sought. Any
juvenile law enforcement records and any information
obtained from those juvenile law enforcement records under
this paragraph (9) may be used only in sexually violent

10100SB1968ham001 - 257 - LRB101 08002 RLC 74920 a
persons commitment proceedings.
(10) The president of a park district. Inspection and
copying shall be limited to juvenile law enforcement
records transmitted to the president of the park district
by the Department of State Police under Section 8-23 of the
Park District Code or Section 16a-5 of the Chicago Park
District Act concerning a person who is seeking employment
with that park district and who has been adjudicated a
juvenile delinquent for any of the offenses listed in
subsection (c) of Section 8-23 of the Park District Code or
subsection (c) of Section 16a-5 of the Chicago Park
District Act.
(11) Persons managing and designated to participate in
a court diversion program as designated in subsection (6)
of Section 5-105.
(12) The Public Access Counselor of the Office of the
Attorney General, when reviewing juvenile law enforcement
records under its powers and duties under the Freedom of
Information Act.
(13) Collection agencies, contracted or otherwise
engaged by a governmental entity, to collect any debts due
and owing to the governmental entity.
(B)(1) Except as provided in paragraph (2), no law
enforcement officer or other person or agency may knowingly
transmit to the Department of Corrections, Department of State
Police, or to the Federal Bureau of Investigation any

10100SB1968ham001 - 258 - LRB101 08002 RLC 74920 a
fingerprint or photograph relating to a minor who has been
arrested or taken into custody before his or her 18th birthday,
unless the court in proceedings under this Act authorizes the
transmission or enters an order under Section 5-805 permitting
or requiring the institution of criminal proceedings.
(2) Law enforcement officers or other persons or agencies
shall transmit to the Department of State Police copies of
fingerprints and descriptions of all minors who have been
arrested or taken into custody before their 18th birthday for
the offense of unlawful use of weapons under Article 24 of the
Criminal Code of 1961 or the Criminal Code of 2012, a Class X
or Class 1 felony, a forcible felony as defined in Section 2-8
of the Criminal Code of 1961 or the Criminal Code of 2012, or a
Class 2 or greater felony under the Cannabis Control Act, the
Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, or Chapter 4 of the
Illinois Vehicle Code, pursuant to Section 5 of the Criminal
Identification Act. Information reported to the Department
pursuant to this Section may be maintained with records that
the Department files pursuant to Section 2.1 of the Criminal
Identification Act. Nothing in this Act prohibits a law
enforcement agency from fingerprinting a minor taken into
custody or arrested before his or her 18th birthday for an
offense other than those listed in this paragraph (2).
(C) The records of law enforcement officers, or of an
independent agency created by ordinance and charged by a unit

10100SB1968ham001 - 259 - LRB101 08002 RLC 74920 a
of local government with the duty of investigating the conduct
of law enforcement officers, concerning all minors under 18
years of age must be maintained separate from the records of
arrests and may not be open to public inspection or their
contents disclosed to the public. For purposes of obtaining
documents under this Section, a civil subpoena is not an order
of the court.
(1) In cases where the law enforcement, or independent
agency, records concern a pending juvenile court case, the
party seeking to inspect the records shall provide actual
notice to the attorney or guardian ad litem of the minor
whose records are sought.
(2) In cases where the records concern a juvenile court
case that is no longer pending, the party seeking to
inspect the records shall provide actual notice to the
minor or the minor's parent or legal guardian, and the
matter shall be referred to the chief judge presiding over
matters pursuant to this Act.
(3) In determining whether the records should be
available for inspection, the court shall consider the
minor's interest in confidentiality and rehabilitation
over the moving party's interest in obtaining the
information. Any records obtained in violation of this
subsection (C) shall not be admissible in any criminal or
civil proceeding, or operate to disqualify a minor from
subsequently holding public office or securing employment,

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or operate as a forfeiture of any public benefit, right,
privilege, or right to receive any license granted by
public authority.
(D) Nothing contained in subsection (C) of this Section
shall prohibit the inspection or disclosure to victims and
witnesses of photographs contained in the records of law
enforcement agencies when the inspection and disclosure is
conducted in the presence of a law enforcement officer for the
purpose of the identification or apprehension of any person
subject to the provisions of this Act or for the investigation
or prosecution of any crime.
(E) Law enforcement officers, and personnel of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, may not disclose the identity of
any minor in releasing information to the general public as to
the arrest, investigation or disposition of any case involving
a minor.
(F) Nothing contained in this Section shall prohibit law
enforcement agencies from communicating with each other by
letter, memorandum, teletype, or intelligence alert bulletin
or other means the identity or other relevant information
pertaining to a person under 18 years of age if there are
reasonable grounds to believe that the person poses a real and
present danger to the safety of the public or law enforcement
officers. The information provided under this subsection (F)

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shall remain confidential and shall not be publicly disclosed,
except as otherwise allowed by law.
(G) Nothing in this Section shall prohibit the right of a
Civil Service Commission or appointing authority of any federal
government, state, county or municipality examining the
character and fitness of an applicant for employment with a law
enforcement agency, correctional institution, or fire
department from obtaining and examining the records of any law
enforcement agency relating to any record of the applicant
having been arrested or taken into custody before the
applicant's 18th birthday.
(G-5) Information identifying victims and alleged victims
of sex offenses shall not be disclosed or open to the public
under any circumstances. Nothing in this Section shall prohibit
the victim or alleged victim of any sex offense from
voluntarily disclosing his or her own identity.
(H) The changes made to this Section by Public Act 98-61
apply to law enforcement records of a minor who has been
arrested or taken into custody on or after January 1, 2014 (the
effective date of Public Act 98-61).
(H-5) Nothing in this Section shall require any court or
adjudicative proceeding for traffic, boating, fish and game
law, or municipal and county ordinance violations to be closed
to the public.
(I) Willful violation of this Section is a Class C
misdemeanor and each violation is subject to a fine of $1,000.

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This subsection (I) shall not apply to the person who is the
subject of the record.
(J) A person convicted of violating this Section is liable
for damages in the amount of $1,000 or actual damages,
whichever is greater.
(Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18;
100-720, eff. 8-3-18; 100-863, eff. 8-14-18; 100-1162, eff.
12-20-18.)
(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
Sec. 1-8. Confidentiality and accessibility of juvenile
court records.
(A) A juvenile adjudication shall never be considered a
conviction nor shall an adjudicated individual be considered a
criminal. Unless expressly allowed by law, a juvenile
adjudication shall not operate to impose upon the individual
any of the civil disabilities ordinarily imposed by or
resulting from conviction. Unless expressly allowed by law,
adjudications shall not prejudice or disqualify the individual
in any civil service application or appointment, from holding
public office, or from receiving any license granted by public
authority. All juvenile court records which have not been
expunged are sealed and may never be disclosed to the general
public or otherwise made widely available. Sealed juvenile
court records may be obtained only under this Section and
Section 1-7 and Part 9 of Article V of this Act, when their use

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is needed for good cause and with an order from the juvenile
court. Inspection and copying of juvenile court records
relating to a minor who is the subject of a proceeding under
this Act shall be restricted to the following:
(1) The minor who is the subject of record, his or her
parents, guardian, and counsel.
(2) Law enforcement officers and law enforcement
agencies when such information is essential to executing an
arrest or search warrant or other compulsory process, or to
conducting an ongoing investigation or relating to a minor
who has been adjudicated delinquent and there has been a
previous finding that the act which constitutes the
previous offense was committed in furtherance of criminal
activities by a criminal street gang.
Before July 1, 1994, for the purposes of this Section,
"criminal street gang" means any ongoing organization,
association, or group of 3 or more persons, whether formal
or informal, having as one of its primary activities the
commission of one or more criminal acts and that has a
common name or common identifying sign, symbol or specific
color apparel displayed, and whose members individually or
collectively engage in or have engaged in a pattern of
criminal activity.
Beginning July 1, 1994, for purposes of this Section,
"criminal street gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus

10100SB1968ham001 - 264 - LRB101 08002 RLC 74920 a
Prevention Act.
(3) Judges, hearing officers, prosecutors, public
defenders, probation officers, social workers, or other
individuals assigned by the court to conduct a
pre-adjudication or pre-disposition investigation, and
individuals responsible for supervising or providing
temporary or permanent care and custody for minors under
the order of the juvenile court when essential to
performing their responsibilities.
(4) Judges, federal, State, and local prosecutors,
public defenders, probation officers, and designated
staff:
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required
under Section 5-805;
(b) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a proceeding to determine the conditions of
pretrial release amount of bail;
(c) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a pre-trial investigation, pre-sentence
investigation or fitness hearing, or proceedings on an
application for probation; or
(d) when a minor becomes 18 years of age or older,
and is the subject of criminal proceedings, including a

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hearing to determine the conditions of pretrial
release amount of bail, a pre-trial investigation, a
pre-sentence investigation, a fitness hearing, or
proceedings on an application for probation.
(5) Adult and Juvenile Prisoner Review Boards.
(6) Authorized military personnel.
(6.5) Employees of the federal government authorized
by law.
(7) Victims, their subrogees and legal
representatives; however, such persons shall have access
only to the name and address of the minor and information
pertaining to the disposition or alternative adjustment
plan of the juvenile court.
(8) Persons engaged in bona fide research, with the
permission of the presiding judge of the juvenile court and
the chief executive of the agency that prepared the
particular records; provided that publication of such
research results in no disclosure of a minor's identity and
protects the confidentiality of the record.
(9) The Secretary of State to whom the Clerk of the
Court shall report the disposition of all cases, as
required in Section 6-204 of the Illinois Vehicle Code.
However, information reported relative to these offenses
shall be privileged and available only to the Secretary of
State, courts, and police officers.
(10) The administrator of a bonafide substance abuse

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student assistance program with the permission of the
presiding judge of the juvenile court.
(11) Mental health professionals on behalf of the
Department of Corrections or the Department of Human
Services or prosecutors who are evaluating, prosecuting,
or investigating a potential or actual petition brought
under the Sexually Violent Persons Commitment Act relating
to a person who is the subject of juvenile court records or
the respondent to a petition brought under the Sexually
Violent Persons Commitment Act, who is the subject of
juvenile court records sought. Any records and any
information obtained from those records under this
paragraph (11) may be used only in sexually violent persons
commitment proceedings.
(12) Collection agencies, contracted or otherwise
engaged by a governmental entity, to collect any debts due
and owing to the governmental entity.
(A-1) Findings and exclusions of paternity entered in
proceedings occurring under Article II of this Act shall be
disclosed, in a manner and form approved by the Presiding Judge
of the Juvenile Court, to the Department of Healthcare and
Family Services when necessary to discharge the duties of the
Department of Healthcare and Family Services under Article X of
the Illinois Public Aid Code.
(B) A minor who is the victim in a juvenile proceeding
shall be provided the same confidentiality regarding

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disclosure of identity as the minor who is the subject of
record.
(C)(0.1) In cases where the records concern a pending
juvenile court case, the requesting party seeking to inspect
the juvenile court records shall provide actual notice to the
attorney or guardian ad litem of the minor whose records are
sought.
(0.2) In cases where the juvenile court records concern a
juvenile court case that is no longer pending, the requesting
party seeking to inspect the juvenile court records shall
provide actual notice to the minor or the minor's parent or
legal guardian, and the matter shall be referred to the chief
judge presiding over matters pursuant to this Act.
(0.3) In determining whether juvenile court records should
be made available for inspection and whether inspection should
be limited to certain parts of the file, the court shall
consider the minor's interest in confidentiality and
rehabilitation over the requesting party's interest in
obtaining the information. The State's Attorney, the minor, and
the minor's parents, guardian, and counsel shall at all times
have the right to examine court files and records.
(0.4) Any records obtained in violation of this Section
shall not be admissible in any criminal or civil proceeding, or
operate to disqualify a minor from subsequently holding public
office, or operate as a forfeiture of any public benefit,
right, privilege, or right to receive any license granted by

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public authority.
(D) Pending or following any adjudication of delinquency
for any offense defined in Sections 11-1.20 through 11-1.60 or
12-13 through 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the victim of any such offense shall
receive the rights set out in Sections 4 and 6 of the Bill of
Rights for Victims and Witnesses of Violent Crime Act; and the
juvenile who is the subject of the adjudication,
notwithstanding any other provision of this Act, shall be
treated as an adult for the purpose of affording such rights to
the victim.
(E) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority of the federal
government, or any state, county, or municipality examining the
character and fitness of an applicant for employment with a law
enforcement agency, correctional institution, or fire
department to ascertain whether that applicant was ever
adjudicated to be a delinquent minor and, if so, to examine the
records of disposition or evidence which were made in
proceedings under this Act.
(F) Following any adjudication of delinquency for a crime
which would be a felony if committed by an adult, or following
any adjudication of delinquency for a violation of Section
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
Criminal Code of 2012, the State's Attorney shall ascertain
whether the minor respondent is enrolled in school and, if so,

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shall provide a copy of the dispositional order to the
principal or chief administrative officer of the school. Access
to the dispositional order shall be limited to the principal or
chief administrative officer of the school and any guidance
counselor designated by him or her.
(G) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
(H) When a court hearing a proceeding under Article II of
this Act becomes aware that an earlier proceeding under Article
II had been heard in a different county, that court shall
request, and the court in which the earlier proceedings were
initiated shall transmit, an authenticated copy of the juvenile
court record, including all documents, petitions, and orders
filed and the minute orders, transcript of proceedings, and
docket entries of the court.
(I) The Clerk of the Circuit Court shall report to the
Department of State Police, in the form and manner required by
the Department of State Police, the final disposition of each
minor who has been arrested or taken into custody before his or
her 18th birthday for those offenses required to be reported
under Section 5 of the Criminal Identification Act. Information
reported to the Department under this Section may be maintained

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with records that the Department files under Section 2.1 of the
Criminal Identification Act.
(J) The changes made to this Section by Public Act 98-61
apply to juvenile law enforcement records of a minor who has
been arrested or taken into custody on or after January 1, 2014
(the effective date of Public Act 98-61).
(K) Willful violation of this Section is a Class C
misdemeanor and each violation is subject to a fine of $1,000.
This subsection (K) shall not apply to the person who is the
subject of the record.
(L) A person convicted of violating this Section is liable
for damages in the amount of $1,000 or actual damages,
whichever is greater.
(Source: P.A. 100-285, eff. 1-1-18; 100-720, eff. 8-3-18;
100-1162, eff. 12-20-18.)
(705 ILCS 405/5-150)
Sec. 5-150. Admissibility of evidence and adjudications in
other proceedings.
(1) Evidence and adjudications in proceedings under this
Act shall be admissible:
(a) in subsequent proceedings under this Act
concerning the same minor; or
(b) in criminal proceedings when the court is to
determine the conditions of pretrial release amount of
bail, fitness of the defendant or in sentencing under the

10100SB1968ham001 - 271 - LRB101 08002 RLC 74920 a
Unified Code of Corrections; or
(c) in proceedings under this Act or in criminal
proceedings in which anyone who has been adjudicated
delinquent under Section 5-105 is to be a witness including
the minor or defendant if he or she testifies, and then
only for purposes of impeachment and pursuant to the rules
of evidence for criminal trials; or
(d) in civil proceedings concerning causes of action
arising out of the incident or incidents which initially
gave rise to the proceedings under this Act.
(2) No adjudication or disposition under this Act shall
operate to disqualify a minor from subsequently holding public
office nor shall operate as a forfeiture of any right,
privilege or right to receive any license granted by public
authority.
(3) The court which adjudicated that a minor has committed
any offense relating to motor vehicles prescribed in Sections
4-102 and 4-103 of the Illinois Vehicle Code shall notify the
Secretary of State of that adjudication and the notice shall
constitute sufficient grounds for revoking that minor's
driver's license or permit as provided in Section 6-205 of the
Illinois Vehicle Code; no minor shall be considered a criminal
by reason thereof, nor shall any such adjudication be
considered a conviction.
(Source: P.A. 90-590, eff. 1-1-99.)

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Section 10-215. The Criminal Code of 2012 is amended by
changing Sections 26.5-5, 31-1, 31A-0.1, 32-10, and 32-15 as
follows:
(720 ILCS 5/26.5-5)
Sec. 26.5-5. Sentence.
(a) Except as provided in subsection (b), a person who
violates any of the provisions of Section 26.5-1, 26.5-2, or
26.5-3 of this Article is guilty of a Class B misdemeanor.
Except as provided in subsection (b), a second or subsequent
violation of Section 26.5-1, 26.5-2, or 26.5-3 of this Article
is a Class A misdemeanor, for which the court shall impose a
minimum of 14 days in jail or, if public or community service
is established in the county in which the offender was
convicted, 240 hours of public or community service.
(b) In any of the following circumstances, a person who
violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article
shall be guilty of a Class 4 felony:
(1) The person has 3 or more prior violations in the
last 10 years of harassment by telephone, harassment
through electronic communications, or any similar offense
of any other state;
(2) The person has previously violated the harassment
by telephone provisions, or the harassment through
electronic communications provisions, or committed any
similar offense in any other state with the same victim or

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a member of the victim's family or household;
(3) At the time of the offense, the offender was under
conditions of pretrial release bail, probation,
conditional discharge, mandatory supervised release or was
the subject of an order of protection, in this or any other
state, prohibiting contact with the victim or any member of
the victim's family or household;
(4) In the course of the offense, the offender
threatened to kill the victim or any member of the victim's
family or household;
(5) The person has been convicted in the last 10 years
of a forcible felony as defined in Section 2-8 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(6) The person violates paragraph (5) of Section 26.5-2
or paragraph (4) of Section 26.5-3; or
(7) The person was at least 18 years of age at the time
of the commission of the offense and the victim was under
18 years of age at the time of the commission of the
offense.
(c) The court may order any person convicted under this
Article to submit to a psychiatric examination.
(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
(720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
Sec. 31-1. Resisting or obstructing a peace officer,
firefighter, or correctional institution employee.

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(a) A person who knowingly resists or obstructs the
performance by one known to the person to be a peace officer,
firefighter, or correctional institution employee of any
authorized act within his or her official capacity commits a
Class A misdemeanor.
(a-5) In addition to any other sentence that may be
imposed, a court shall order any person convicted of resisting
or obstructing a peace officer, firefighter, or correctional
institution employee to be sentenced to a minimum of 48
consecutive hours of imprisonment or ordered to perform
community service for not less than 100 hours as may be
determined by the court. The person shall not be eligible for
probation in order to reduce the sentence of imprisonment or
community service.
(a-7) A person convicted for a violation of this Section
whose violation was the proximate cause of an injury to a peace
officer, firefighter, or correctional institution employee is
guilty of a Class 4 felony.
(b) For purposes of this Section, "correctional
institution employee" means any person employed to supervise
and control inmates incarcerated in a penitentiary, State farm,
reformatory, prison, jail, house of correction, police
detention area, half-way house, or other institution or place
for the incarceration or custody of persons under sentence for
offenses or awaiting trial or sentence for offenses, under
arrest for an offense, a violation of probation, a violation of

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parole, a violation of aftercare release, a violation of
mandatory supervised release, or awaiting a bail setting
hearing or preliminary hearing on setting the conditions of
pretrial release, or who are sexually dangerous persons or who
are sexually violent persons; and "firefighter" means any
individual, either as an employee or volunteer, of a regularly
constituted fire department of a municipality or fire
protection district who performs fire fighting duties,
including, but not limited to, the fire chief, assistant fire
chief, captain, engineer, driver, ladder person, hose person,
pipe person, and any other member of a regularly constituted
fire department. "Firefighter" also means a person employed by
the Office of the State Fire Marshal to conduct arson
investigations.
(c) It is an affirmative defense to a violation of this
Section if a person resists or obstructs the performance of one
known by the person to be a firefighter by returning to or
remaining in a dwelling, residence, building, or other
structure to rescue or to attempt to rescue any person.
(d) A person shall not be subject to arrest under this
Section unless there is an underlying offense for which the
person was initially subject to arrest.
(Source: P.A. 98-558, eff. 1-1-14.)
(720 ILCS 5/31A-0.1)
Sec. 31A-0.1. Definitions. For the purposes of this

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Article:
"Deliver" or "delivery" means the actual, constructive or
attempted transfer of possession of an item of contraband, with
or without consideration, whether or not there is an agency
relationship.
"Employee" means any elected or appointed officer, trustee
or employee of a penal institution or of the governing
authority of the penal institution, or any person who performs
services for the penal institution pursuant to contract with
the penal institution or its governing authority.
"Item of contraband" means any of the following:
(i) "Alcoholic liquor" as that term is defined in
Section 1-3.05 of the Liquor Control Act of 1934.
(ii) "Cannabis" as that term is defined in subsection
(a) of Section 3 of the Cannabis Control Act.
(iii) "Controlled substance" as that term is defined in
the Illinois Controlled Substances Act.
(iii-a) "Methamphetamine" as that term is defined in
the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act.
(iv) "Hypodermic syringe" or hypodermic needle, or any
instrument adapted for use of controlled substances or
cannabis by subcutaneous injection.
(v) "Weapon" means any knife, dagger, dirk, billy,
razor, stiletto, broken bottle, or other piece of glass
which could be used as a dangerous weapon. This term

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

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cartridge or shotgun shell, by whatever name known, which
is designed to be used or adaptable to use in a firearm,
including but not limited to:
(A) any ammunition exclusively designed for use
with a device used exclusively for signaling or safety
and required or recommended by the United States Coast
Guard or the Interstate Commerce Commission; or
(B) any ammunition designed exclusively for use
with a stud or rivet driver or other similar industrial
ammunition.
(viii) "Explosive" means, but is not limited to, bomb,
bombshell, grenade, bottle or other container containing
an explosive substance of over one-quarter ounce for like
purposes such as black powder bombs and Molotov cocktails
or artillery projectiles.
(ix) "Tool to defeat security mechanisms" means, but is
not limited to, handcuff or security restraint key, tool
designed to pick locks, popper, or any device or instrument
used to or capable of unlocking or preventing from locking
any handcuff or security restraints, doors to cells, rooms,
gates or other areas of the penal institution.
(x) "Cutting tool" means, but is not limited to,
hacksaw blade, wirecutter, or device, instrument or file
capable of cutting through metal.
(xi) "Electronic contraband" for the purposes of
Section 31A-1.1 of this Article means, but is not limited

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

10100SB1968ham001 - 280 - LRB101 08002 RLC 74920 a
(Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14.)
(720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
Sec. 32-10. Violation of conditions of pretrial release
bail bond.
(a) Whoever, having been released pretrial under
conditions admitted to bail for appearance before any court of
this State, incurs a violation of conditions of pretrial
release forfeiture of the bail and knowingly fails to surrender
himself or herself within 30 days following the date of the
violation forfeiture, commits, if the conditions of pretrial
release bail was given in connection with a charge of felony
or pending appeal or certiorari after conviction of any
offense, a felony of the next lower Class or a Class A
misdemeanor if the underlying offense was a Class 4 felony . If
the violation of pretrial conditions were made ; or, if the bail
was given in connection with a charge of committing a
misdemeanor, or for appearance as a witness, commits a
misdemeanor of the next lower Class, but not less than a Class
C misdemeanor.
(a-5) Any person who knowingly violates a condition of
pretrial release bail bond by possessing a firearm in violation
of his or her conditions of pretrial release bail commits a
Class 4 felony for a first violation and a Class 3 felony for a
second or subsequent violation.
(b) Whoever, having been released pretrial under

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conditions admitted to bail for appearance before any court of
this State, while charged with a criminal offense in which the
victim is a family or household member as defined in Article
112A of the Code of Criminal Procedure of 1963, knowingly
violates a condition of that release as set forth in Section
110-10, subsection (d) of the Code of Criminal Procedure of
1963, commits a Class A misdemeanor.
(c) Whoever, having been released pretrial under
conditions admitted to bail for appearance before any court of
this State for a felony, Class A misdemeanor or a criminal
offense in which the victim is a family or household member as
defined in Article 112A of the Code of Criminal Procedure of
1963, is charged with any other felony, Class A misdemeanor, or
a criminal offense in which the victim is a family or household
member as defined in Article 112A of the Code of Criminal
Procedure of 1963 while on this release, must appear before the
court before bail is statutorily set.
(d) Nothing in this Section shall interfere with or prevent
the exercise by any court of its power to punishment for
contempt. Any sentence imposed for violation of this Section
may shall be served consecutive to the sentence imposed for the
charge for which pretrial release bail had been granted and
with respect to which the defendant has been convicted.
(Source: P.A. 97-1108, eff. 1-1-13.)
(720 ILCS 5/32-15)

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Sec. 32-15. Pretrial release Bail bond false statement. Any
person who in any affidavit, document, schedule or other
application to ensure compliance of another with the terms of
pretrial release become surety or bail for another on any bail
bond or recognizance in any civil or criminal proceeding then
pending or about to be started against the other person, having
taken a lawful oath or made affirmation, shall swear or affirm
wilfully, corruptly and falsely as to the factors the court
relied on to approve the conditions of the other person's
pretrial release ownership or liens or incumbrances upon or the
value of any real or personal property alleged to be owned by
the person proposed to ensure those conditions as surety or
bail, the financial worth or standing of the person proposed as
surety or bail, or as to the number or total penalties of all
other bonds or recognizances signed by and standing against the
proposed surety or bail, or any person who, having taken a
lawful oath or made affirmation, shall testify wilfully,
corruptly and falsely as to any of said matters for the purpose
of inducing the approval of any such conditions of pretrial
release bail bond or recognizance; or for the purpose of
justifying on any such conditions of pretrial release bail bond
or recognizance, or who shall suborn any other person to so
swear, affirm or testify as aforesaid, shall be deemed and
adjudged guilty of perjury or subornation of perjury (as the
case may be) and punished accordingly.
(Source: P.A. 97-1108, eff. 1-1-13.)

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Section 10-216. The Criminal Code of 2012 is amended by
changing Sections 7-5, 7-5.5, 7-9, 9-1, and 33-3 and by adding
Sections 7-15, 7-16, and 33-9 as follows:
(720 ILCS 5/7-5) (from Ch. 38, par. 7-5)
Sec. 7-5. Peace officer's use of force in making arrest.
(a) A peace officer, or any person whom he has summoned or
directed to assist him, need not retreat or desist from efforts
to make a lawful arrest because of resistance or threatened
resistance to the arrest. He is justified in the use of any
force which he reasonably believes, based on the totality of
the circumstances, to be necessary to effect the arrest and of
any force which he reasonably believes, based on the totality
of the circumstances, to be necessary to defend himself or
another from bodily harm while making the arrest. However, he
is justified in using force likely to cause death or great
bodily harm only when he reasonably believes, based on the
totality of the circumstances, that such force is necessary to
prevent death or great bodily harm to himself or such other
person, or when he reasonably believes, based on the totality
of the circumstances, both that:
(1) Such force is necessary to prevent the arrest from
being defeated by resistance or escape; the officer
reasonably believes that the person to be arrested cannot
be apprehended at a later date, and the officer reasonably

10100SB1968ham001 - 284 - LRB101 08002 RLC 74920 a
believes that the person to be arrested is likely to cause
great bodily harm to another; and
(2) The person to be arrested just has committed or
attempted a forcible felony which involves the infliction
or threatened infliction of great bodily harm or is
attempting to escape by use of a deadly weapon, or
otherwise indicates that he will endanger human life or
inflict great bodily harm unless arrested without delay.
As used in this subsection, "retreat" does not mean
tactical repositioning or other de-escalation tactics.
(a-5) Where feasible, a peace officer shall, prior to the
use of force, make reasonable efforts to identify himself or
herself as a peace officer and to warn that deadly force may be
used, unless the officer has reasonable grounds to believe that
the person is aware of those facts.
(a-10) A peace officer shall not use deadly force against a
person based on the danger that the person poses to himself or
herself if an reasonable officer would believe the person does
not pose an imminent threat of death or serious bodily injury
to the peace officer or to another person.
(a-15) A peace officer shall not use deadly force against a
person who is suspected of committing a property offense,
unless that offense is terrorism or unless deadly force is
otherwise authorized by law.
(b) A peace officer making an arrest pursuant to an invalid
warrant is justified in the use of any force which he would be

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justified in using if the warrant were valid, unless he knows
that the warrant is invalid.
(c) The authority to use physical force conferred on peace
officers by this Article is a serious responsibility that shall
be exercised judiciously and with respect for human rights and
dignity and for the sanctity of every human life.
(d) Peace officers shall use deadly force only when
reasonably necessary in defense of human life. In determining
whether deadly force is reasonably necessary, officers shall
evaluate each situation in light of the particular
circumstances of each case and shall use other available
resources and techniques, if reasonably safe and feasible to a
reasonable officer.
(e) The decision by a peace officer to use force shall be
evaluated carefully and thoroughly, in a manner that reflects
the gravity of that authority and the serious consequences of
the use of force by peace officers, in order to ensure that
officers use force consistent with law and agency policies.
(f) The decision by a peace officer to use force shall be
evaluated from the perspective of a reasonable officer in the
same situation, based on the totality of the circumstances
known to or perceived by the officer at the time of the
decision, rather than with the benefit of hindsight, and that
the totality of the circumstances shall account for occasions
when officers may be forced to make quick judgments about using
force.

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(g) Law enforcement agencies are encouraged to adopt and
develop policies designed to protect individuals with
physical, mental health, developmental, or intellectual
disabilities, who are significantly more likely to experience
greater levels of physical force during police interactions, as
these disabilities may affect the ability of a person to
understand or comply with commands from peace officers.
(h) As used in this Section:
(1) "Deadly force" means any use of force that creates
a substantial risk of causing death or serious bodily
injury, including, but not limited to, the discharge of a
firearm.
(2) A threat of death or serious bodily injury is
"imminent" when, based on the totality of the
circumstances, a reasonable officer in the same situation
would believe that a person has the present ability,
opportunity, and apparent intent to immediately cause
death or serious bodily injury to the peace officer or
another person. An imminent harm is not merely a fear of
future harm, no matter how great the fear and no matter how
great the likelihood of the harm, but is one that, from
appearances, must be instantly confronted and addressed.
(3) "Totality of the circumstances" means all facts
known to the peace officer at the time, or that would be
known to a reasonable officer in the same situation,
including the conduct of the officer and the subject

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leading up to the use of deadly force.
(Source: P.A. 84-1426.)
(720 ILCS 5/7-5.5)
Sec. 7-5.5. Prohibited use of force by a peace officer.
(a) A peace officer, or any person acting on behalf of a
peace officer, shall not use a chokehold or restraint above the
shoulders with risk of asphyxiation in the performance of his
or her duties, unless deadly force is justified under Article 7
of this Code.
(b) A peace officer, or any person acting on behalf of a
peace officer, shall not use a chokehold or restraint above the
shoulders with risk of asphyxiation, or any lesser contact with
the throat or neck area of another, in order to prevent the
destruction of evidence by ingestion.
(c) As used in this Section, "chokehold" means applying any
direct pressure to the throat, windpipe, or airway of another
with the intent to reduce or prevent the intake of air.
"Chokehold" does not include any holding involving contact with
the neck that is not intended to reduce the intake of air.
(d) As used in this Section, "restraint above the shoulders
with risk of positional asphyxiation" means a use of a
technique used to restrain a person above the shoulders,
including the neck or head, in a position which interferes with
the person's ability to breathe after the person no longer
poses a threat to the officer or any other person.

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(e) A peace officer, or any person acting on behalf of a
peace officer, shall not:
(i) use force as punishment or retaliation;
(ii) discharge kinetic impact projectiles and all
other non-or less-lethal projectiles in a manner that
targets the head, pelvis, or back;
(iii) discharge firearms or kinetic impact projectiles
indiscriminately into a crowd; or
(iv) use chemical agents or irritants, including
pepper spray and tear gas, prior to issuing an order to
disperse in a sufficient manner to ensure the order is
heard and repeated if necessary, followed by sufficient
time and space to allow compliance with the order.
(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
(720 ILCS 5/7-9) (from Ch. 38, par. 7-9)
Sec. 7-9. Use of force to prevent escape.
(a) A peace officer or other person who has an arrested
person in his custody is justified in the use of such force,
except deadly force, to prevent the escape of the arrested
person from custody as he would be justified in using if he
were arresting such person.
(b) A guard or other peace officer is justified in the use
of force, including force likely to cause death or great bodily
harm, which he reasonably believes to be necessary to prevent
the escape from a penal institution of a person whom the

10100SB1968ham001 - 289 - LRB101 08002 RLC 74920 a
officer reasonably believes to be lawfully detained in such
institution under sentence for an offense or awaiting trial or
commitment for an offense.
(c) Deadly force shall not be used to prevent escape under
this Section unless, based on the totality of the
circumstances, deadly force is necessary to prevent death or
great bodily harm to himself or such other person.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/7-15 new)
Sec. 7-15. Duty to render aid. It is the policy of the
State of Illinois that all law enforcement officers must, as
soon as reasonably practical, determine if a person is injured,
whether as a result of a use of force or otherwise, and render
medical aid and assistance consistent with training and request
emergency medical assistance if necessary. "Render medical aid
and assistance" includes, but is not limited to, (i) performing
emergency life-saving procedures such as cardiopulmonary
resuscitation or the administration of an automated external
defibrillator; and (ii) the carrying, or the making of
arrangements for the carrying, of such person to a physician,
surgeon, or hospital for medical or surgical treatment if it is
apparent that treatment is necessary, or if such carrying is
requested by the injured person.
(720 ILCS 5/7-16 new)

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Sec. 7-16. Duty to intervene.
(a) A peace officer, or any person acting on behalf of a
peace officer, shall have an affirmative duty to intervene to
prevent or stop another peace officer in his or her presence
from using any unauthorized force or force that exceeds the
degree of force permitted, if any, without regard for chain of
command.
(b) A peace officer, or any person acting on behalf of a
peace officer, who intervenes as required by this Section shall
report the intervention to the person designated/identified by
the law enforcement entity in a manner prescribed by the
agency. The report required by this Section must include the
date, time, and place of the occurrence; the identity, if
known, and description of the participants; and a description
of the intervention actions taken and whether they were
successful. In no event shall the report be submitted more than
5 days after the incident.
(c) A member of a law enforcement agency shall not
discipline nor retaliate in any way against a peace officer for
intervening as required in this Section or for reporting
unconstitutional or unlawful conduct, or for failing to follow
what the officer reasonably believes is an unconstitutional or
unlawful directive.
(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
Sec. 9-1. First degree murder; death penalties;

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exceptions; separate hearings; proof; findings; appellate
procedures; reversals.
(a) A person who kills an individual without lawful
justification commits first degree murder if, in performing the
acts which cause the death:
(1) he or she either intends to kill or do great bodily
harm to that individual or another, or knows that such acts
will cause death to that individual or another; or
(2) he or she knows that such acts create a strong
probability of death or great bodily harm to that
individual or another; or
(3) he or she, acting alone or with one or more
participants, commits or attempts to commit a forcible
felony other than second degree murder, and in the course
of or in furtherance of such crime or flight therefrom, he
or she or another participant causes the death of a person
he or she is attempting or committing a forcible felony
other than second degree murder.
(b) Aggravating Factors. A defendant who at the time of the
commission of the offense has attained the age of 18 or more
and who has been found guilty of first degree murder may be
sentenced to death if:
(1) the murdered individual was a peace officer or
fireman killed in the course of performing his official
duties, to prevent the performance of his or her official
duties, or in retaliation for performing his or her

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official duties, and the defendant knew or should have
known that the murdered individual was a peace officer or
fireman; or
(2) the murdered individual was an employee of an
institution or facility of the Department of Corrections,
or any similar local correctional agency, killed in the
course of performing his or her official duties, to prevent
the performance of his or her official duties, or in
retaliation for performing his or her official duties, or
the murdered individual was an inmate at such institution
or facility and was killed on the grounds thereof, or the
murdered individual was otherwise present in such
institution or facility with the knowledge and approval of
the chief administrative officer thereof; or
(3) the defendant has been convicted of murdering two
or more individuals under subsection (a) of this Section or
under any law of the United States or of any state which is
substantially similar to subsection (a) of this Section
regardless of whether the deaths occurred as the result of
the same act or of several related or unrelated acts so
long as the deaths were the result of either an intent to
kill more than one person or of separate acts which the
defendant knew would cause death or create a strong
probability of death or great bodily harm to the murdered
individual or another; or
(4) the murdered individual was killed as a result of

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the hijacking of an airplane, train, ship, bus, or other
public conveyance; or
(5) the defendant committed the murder pursuant to a
contract, agreement, or understanding by which he or she
was to receive money or anything of value in return for
committing the murder or procured another to commit the
murder for money or anything of value; or
(6) the murdered individual was killed in the course of
another felony if:
(a) the murdered individual:
(i) was actually killed by the defendant, or
(ii) received physical injuries personally
inflicted by the defendant substantially
contemporaneously with physical injuries caused by
one or more persons for whose conduct the defendant
is legally accountable under Section 5-2 of this
Code, and the physical injuries inflicted by
either the defendant or the other person or persons
for whose conduct he is legally accountable caused
the death of the murdered individual; and
(b) in performing the acts which caused the death
of the murdered individual or which resulted in
physical injuries personally inflicted by the
defendant on the murdered individual under the
circumstances of subdivision (ii) of subparagraph (a)
of paragraph (6) of subsection (b) of this Section, the

10100SB1968ham001 - 294 - LRB101 08002 RLC 74920 a
defendant acted with the intent to kill the murdered
individual or with the knowledge that his acts created
a strong probability of death or great bodily harm to
the murdered individual or another; and
(c) the other felony was an inherently violent
crime or the attempt to commit an inherently violent
crime. In this subparagraph (c), "inherently violent
crime" includes, but is not limited to, armed robbery,
robbery, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, aggravated
kidnapping, aggravated vehicular hijacking, aggravated
arson, aggravated stalking, residential burglary, and
home invasion; or
(7) the murdered individual was under 12 years of age
and the death resulted from exceptionally brutal or heinous
behavior indicative of wanton cruelty; or
(8) the defendant committed the murder with intent to
prevent the murdered individual from testifying or
participating in any criminal investigation or prosecution
or giving material assistance to the State in any
investigation or prosecution, either against the defendant
or another; or the defendant committed the murder because
the murdered individual was a witness in any prosecution or
gave material assistance to the State in any investigation
or prosecution, either against the defendant or another;
for purposes of this paragraph (8), "participating in any

10100SB1968ham001 - 295 - LRB101 08002 RLC 74920 a
criminal investigation or prosecution" is intended to
include those appearing in the proceedings in any capacity
such as trial judges, prosecutors, defense attorneys,
investigators, witnesses, or jurors; or
(9) the defendant, while committing an offense
punishable under Sections 401, 401.1, 401.2, 405, 405.2,
407 or 407.1 or subsection (b) of Section 404 of the
Illinois Controlled Substances Act, or while engaged in a
conspiracy or solicitation to commit such offense,
intentionally killed an individual or counseled,
commanded, induced, procured or caused the intentional
killing of the murdered individual; or
(10) the defendant was incarcerated in an institution
or facility of the Department of Corrections at the time of
the murder, and while committing an offense punishable as a
felony under Illinois law, or while engaged in a conspiracy
or solicitation to commit such offense, intentionally
killed an individual or counseled, commanded, induced,
procured or caused the intentional killing of the murdered
individual; or
(11) the murder was committed in a cold, calculated and
premeditated manner pursuant to a preconceived plan,
scheme or design to take a human life by unlawful means,
and the conduct of the defendant created a reasonable
expectation that the death of a human being would result
therefrom; or

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(12) the murdered individual was an emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid
personnel, employed by a municipality or other
governmental unit, killed in the course of performing his
official duties, to prevent the performance of his official
duties, or in retaliation for performing his official
duties, and the defendant knew or should have known that
the murdered individual was an emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid
personnel; or
(13) the defendant was a principal administrator,
organizer, or leader of a calculated criminal drug
conspiracy consisting of a hierarchical position of
authority superior to that of all other members of the
conspiracy, and the defendant counseled, commanded,
induced, procured, or caused the intentional killing of the
murdered person; or
(14) the murder was intentional and involved the
infliction of torture. For the purpose of this Section
torture means the infliction of or subjection to extreme
physical pain, motivated by an intent to increase or
prolong the pain, suffering or agony of the victim; or

10100SB1968ham001 - 297 - LRB101 08002 RLC 74920 a
(15) the murder was committed as a result of the
intentional discharge of a firearm by the defendant from a
motor vehicle and the victim was not present within the
motor vehicle; or
(16) the murdered individual was 60 years of age or
older and the death resulted from exceptionally brutal or
heinous behavior indicative of wanton cruelty; or
(17) the murdered individual was a person with a
disability and the defendant knew or should have known that
the murdered individual was a person with a disability. For
purposes of this paragraph (17), "person with a disability"
means a person who suffers from a permanent physical or
mental impairment resulting from disease, an injury, a
functional disorder, or a congenital condition that
renders the person incapable of adequately providing for
his or her own health or personal care; or
(18) the murder was committed by reason of any person's
activity as a community policing volunteer or to prevent
any person from engaging in activity as a community
policing volunteer; or
(19) the murdered individual was subject to an order of
protection and the murder was committed by a person against
whom the same order of protection was issued under the
Illinois Domestic Violence Act of 1986; or
(20) the murdered individual was known by the defendant
to be a teacher or other person employed in any school and

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the teacher or other employee is upon the grounds of a
school or grounds adjacent to a school, or is in any part
of a building used for school purposes; or
(21) the murder was committed by the defendant in
connection with or as a result of the offense of terrorism
as defined in Section 29D-14.9 of this Code; or
(22) the murdered individual was a member of a
congregation engaged in prayer or other religious
activities at a church, synagogue, mosque, or other
building, structure, or place used for religious worship.
(b-5) Aggravating Factor; Natural Life Imprisonment. A
defendant who has been found guilty of first degree murder and
who at the time of the commission of the offense had attained
the age of 18 years or more may be sentenced to natural life
imprisonment if (i) the murdered individual was a physician,
physician assistant, psychologist, nurse, or advanced practice
registered nurse, (ii) the defendant knew or should have known
that the murdered individual was a physician, physician
assistant, psychologist, nurse, or advanced practice
registered nurse, and (iii) the murdered individual was killed
in the course of acting in his or her capacity as a physician,
physician assistant, psychologist, nurse, or advanced practice
registered nurse, or to prevent him or her from acting in that
capacity, or in retaliation for his or her acting in that
capacity.
(c) Consideration of factors in Aggravation and

10100SB1968ham001 - 299 - LRB101 08002 RLC 74920 a
Mitigation.
The court shall consider, or shall instruct the jury to
consider any aggravating and any mitigating factors which are
relevant to the imposition of the death penalty. Aggravating
factors may include but need not be limited to those factors
set forth in subsection (b). Mitigating factors may include but
need not be limited to the following:
(1) the defendant has no significant history of prior
criminal activity;
(2) the murder was committed while the defendant was
under the influence of extreme mental or emotional
disturbance, although not such as to constitute a defense
to prosecution;
(3) the murdered individual was a participant in the
defendant's homicidal conduct or consented to the
homicidal act;
(4) the defendant acted under the compulsion of threat
or menace of the imminent infliction of death or great
bodily harm;
(5) the defendant was not personally present during
commission of the act or acts causing death;
(6) the defendant's background includes a history of
extreme emotional or physical abuse;
(7) the defendant suffers from a reduced mental
capacity.
Provided, however, that an action that does not otherwise

10100SB1968ham001 - 300 - LRB101 08002 RLC 74920 a
mitigate first degree murder cannot qualify as a mitigating
factor for first degree murder because of the discovery,
knowledge, or disclosure of the victim's sexual orientation as
defined in Section 1-103 of the Illinois Human Rights Act.
(d) Separate sentencing hearing.
Where requested by the State, the court shall conduct a
separate sentencing proceeding to determine the existence of
factors set forth in subsection (b) and to consider any
aggravating or mitigating factors as indicated in subsection
(c). The proceeding shall be conducted:
(1) before the jury that determined the defendant's
guilt; or
(2) before a jury impanelled for the purpose of the
proceeding if:
A. the defendant was convicted upon a plea of
guilty; or
B. the defendant was convicted after a trial before
the court sitting without a jury; or
C. the court for good cause shown discharges the
jury that determined the defendant's guilt; or
(3) before the court alone if the defendant waives a
jury for the separate proceeding.
(e) Evidence and Argument.
During the proceeding any information relevant to any of
the factors set forth in subsection (b) may be presented by
either the State or the defendant under the rules governing the

10100SB1968ham001 - 301 - LRB101 08002 RLC 74920 a
admission of evidence at criminal trials. Any information
relevant to any additional aggravating factors or any
mitigating factors indicated in subsection (c) may be presented
by the State or defendant regardless of its admissibility under
the rules governing the admission of evidence at criminal
trials. The State and the defendant shall be given fair
opportunity to rebut any information received at the hearing.
(f) Proof.
The burden of proof of establishing the existence of any of
the factors set forth in subsection (b) is on the State and
shall not be satisfied unless established beyond a reasonable
doubt.
(g) Procedure - Jury.
If at the separate sentencing proceeding the jury finds
that none of the factors set forth in subsection (b) exists,
the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections. If there is a unanimous finding by the jury that
one or more of the factors set forth in subsection (b) exist,
the jury shall consider aggravating and mitigating factors as
instructed by the court and shall determine whether the
sentence of death shall be imposed. If the jury determines
unanimously, after weighing the factors in aggravation and
mitigation, that death is the appropriate sentence, the court
shall sentence the defendant to death. If the court does not
concur with the jury determination that death is the

10100SB1968ham001 - 302 - LRB101 08002 RLC 74920 a
appropriate sentence, the court shall set forth reasons in
writing including what facts or circumstances the court relied
upon, along with any relevant documents, that compelled the
court to non-concur with the sentence. This document and any
attachments shall be part of the record for appellate review.
The court shall be bound by the jury's sentencing
determination.
If after weighing the factors in aggravation and
mitigation, one or more jurors determines that death is not the
appropriate sentence, the court shall sentence the defendant to
a term of imprisonment under Chapter V of the Unified Code of
Corrections.
(h) Procedure - No Jury.
In a proceeding before the court alone, if the court finds
that none of the factors found in subsection (b) exists, the
court shall sentence the defendant to a term of imprisonment
under Chapter V of the Unified Code of Corrections.
If the Court determines that one or more of the factors set
forth in subsection (b) exists, the Court shall consider any
aggravating and mitigating factors as indicated in subsection
(c). If the Court determines, after weighing the factors in
aggravation and mitigation, that death is the appropriate
sentence, the Court shall sentence the defendant to death.
If the court finds that death is not the appropriate
sentence, the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of

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Corrections.
(h-5) Decertification as a capital case.
In a case in which the defendant has been found guilty of
first degree murder by a judge or jury, or a case on remand for
resentencing, and the State seeks the death penalty as an
appropriate sentence, on the court's own motion or the written
motion of the defendant, the court may decertify the case as a
death penalty case if the court finds that the only evidence
supporting the defendant's conviction is the uncorroborated
testimony of an informant witness, as defined in Section 115-21
of the Code of Criminal Procedure of 1963, concerning the
confession or admission of the defendant or that the sole
evidence against the defendant is a single eyewitness or single
accomplice without any other corroborating evidence. If the
court decertifies the case as a capital case under either of
the grounds set forth above, the court shall issue a written
finding. The State may pursue its right to appeal the
decertification pursuant to Supreme Court Rule 604(a)(1). If
the court does not decertify the case as a capital case, the
matter shall proceed to the eligibility phase of the sentencing
hearing.
(i) Appellate Procedure.
The conviction and sentence of death shall be subject to
automatic review by the Supreme Court. Such review shall be in
accordance with rules promulgated by the Supreme Court. The
Illinois Supreme Court may overturn the death sentence, and

10100SB1968ham001 - 304 - LRB101 08002 RLC 74920 a
order the imposition of imprisonment under Chapter V of the
Unified Code of Corrections if the court finds that the death
sentence is fundamentally unjust as applied to the particular
case. If the Illinois Supreme Court finds that the death
sentence is fundamentally unjust as applied to the particular
case, independent of any procedural grounds for relief, the
Illinois Supreme Court shall issue a written opinion explaining
this finding.
(j) Disposition of reversed death sentence.
In the event that the death penalty in this Act is held to
be unconstitutional by the Supreme Court of the United States
or of the State of Illinois, any person convicted of first
degree murder shall be sentenced by the court to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
In the event that any death sentence pursuant to the
sentencing provisions of this Section is declared
unconstitutional by the Supreme Court of the United States or
of the State of Illinois, the court having jurisdiction over a
person previously sentenced to death shall cause the defendant
to be brought before the court, and the court shall sentence
the defendant to a term of imprisonment under Chapter V of the
Unified Code of Corrections.
(k) Guidelines for seeking the death penalty.
The Attorney General and State's Attorneys Association
shall consult on voluntary guidelines for procedures governing

10100SB1968ham001 - 305 - LRB101 08002 RLC 74920 a
whether or not to seek the death penalty. The guidelines do not
have the force of law and are only advisory in nature.
(Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
100-863, eff. 8-14-18; 101-223, eff. 1-1-20.)
(720 ILCS 5/33-3) (from Ch. 38, par. 33-3)
Sec. 33-3. Official misconduct.
(a) A public officer or employee or special government
agent commits misconduct when, in his official capacity or
capacity as a special government agent, he or she commits any
of the following acts:
(1) Intentionally or recklessly fails to perform any
mandatory duty as required by law; or
(2) Knowingly performs an act which he knows he is
forbidden by law to perform; or
(3) With intent to obtain a personal advantage for
himself or another, he performs an act in excess of his
lawful authority; or
(4) Solicits or knowingly accepts for the performance
of any act a fee or reward which he knows is not authorized
by law.
(b) An employee of a law enforcement agency commits
misconduct when he or she knowingly uses or communicates,
directly or indirectly, information acquired in the course of
employment, with the intent to obstruct, impede, or prevent the
investigation, apprehension, or prosecution of any criminal

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offense or person. Nothing in this subsection (b) shall be
construed to impose liability for communicating to a
confidential resource, who is participating or aiding law
enforcement, in an ongoing investigation.
(c) A public officer or employee or special government
agent convicted of violating any provision of this Section
forfeits his or her office or employment or position as a
special government agent. In addition, he or she commits a
Class 3 felony.
(d) For purposes of this Section:
"Special , "special government agent" has the meaning
ascribed to it in subsection (l) of Section 4A-101 of the
Illinois Governmental Ethics Act.
(Source: P.A. 98-867, eff. 1-1-15.)
(720 ILCS 5/33-9 new)
Sec. 33-9. Law enforcement misconduct.
(a) A law enforcement officer or a person acting on behalf
of a law enforcement officer commits law enforcement misconduct
when, in the performance of his or her official duties, he or
she knowingly and intentionally:
(1) misrepresents or fails to provide facts describing
an incident in any report or during any investigations
regarding the law enforcement employee's conduct;
(2) withholds any knowledge of the misrepresentations
of another law enforcement officer from the law enforcement

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employee's supervisor, investigator, or other person or
entity tasked with holding the law enforcement officer
accountable; or
(3) fails to comply with State law or their department
policy requiring the use of officer-worn body cameras.
(b) Sentence. Law enforcement misconduct is a Class 3
felony.
Section 10-255. The Code of Criminal Procedure of 1963 is
amended by changing the heading of Article 110 by changing
Sections 102-6, 102-7, 103-5, 103-7, 103-9, 104-13, 104-17,
106D-1, 107-4, 107-9, 109-1, 109-2, 109-3, 109-3.1, 110-1,
110-2, 110-3, 110-4, 110-5, 110-5.2, 110-6, 110-6.1, 110-6.2,
110-6.4, 110-10, 110-11, 110-12, 111-2, 112A-23, 114-1,
115-4.1, and 122-6 and by adding Section 110-1.5 as follows:
(725 ILCS 5/102-6) (from Ch. 38, par. 102-6)
Sec. 102-6. Pretrial release "Bail".
"Pretrial release" "Bail" has the meaning ascribed to bail
in Section 9 of Article I of the Illinois Constitution that is
non-monetary means the amount of money set by the court which
is required to be obligated and secured as provided by law for
the release of a person in custody in order that he will appear
before the court in which his appearance may be required and
that he will comply with such conditions as set forth in the
bail bond.

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(Source: Laws 1963, p. 2836.)
(725 ILCS 5/102-7) (from Ch. 38, par. 102-7)
Sec. 102-7. Conditions of pretrial release "Bail bond".
"Conditions of pretrial release" "Bail bond" means the
conditions established by the court an undertaking secured by
bail entered into by a person in custody by which he binds
himself to comply with such conditions as are set forth
therein.
(Source: Laws 1963, p. 2836.)
(725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
Sec. 103-5. Speedy trial.)
(a) Every person in custody in this State for an alleged
offense shall be tried by the court having jurisdiction within
120 days from the date he or she was taken into custody unless
delay is occasioned by the defendant, by an examination for
fitness ordered pursuant to Section 104-13 of this Act, by a
fitness hearing, by an adjudication of unfitness to stand
trial, by a continuance allowed pursuant to Section 114-4 of
this Act after a court's determination of the defendant's
physical incapacity for trial, or by an interlocutory appeal.
Delay shall be considered to be agreed to by the defendant
unless he or she objects to the delay by making a written
demand for trial or an oral demand for trial on the record. The
provisions of this subsection (a) do not apply to a person on

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pretrial release bail or recognizance for an offense but who is
in custody for a violation of his or her parole, aftercare
release, or mandatory supervised release for another offense.
The 120-day term must be one continuous period of
incarceration. In computing the 120-day term, separate periods
of incarceration may not be combined. If a defendant is taken
into custody a second (or subsequent) time for the same
offense, the term will begin again at day zero.
(b) Every person on pretrial release bail or recognizance
shall be tried by the court having jurisdiction within 160 days
from the date defendant demands trial unless delay is
occasioned by the defendant, by an examination for fitness
ordered pursuant to Section 104-13 of this Act, by a fitness
hearing, by an adjudication of unfitness to stand trial, by a
continuance allowed pursuant to Section 114-4 of this Act after
a court's determination of the defendant's physical incapacity
for trial, or by an interlocutory appeal. The defendant's
failure to appear for any court date set by the court operates
to waive the defendant's demand for trial made under this
subsection.
For purposes of computing the 160 day period under this
subsection (b), every person who was in custody for an alleged
offense and demanded trial and is subsequently released on
pretrial release bail or recognizance and demands trial, shall
be given credit for time spent in custody following the making
of the demand while in custody. Any demand for trial made under

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this subsection (b) shall be in writing; and in the case of a
defendant not in custody, the demand for trial shall include
the date of any prior demand made under this provision while
the defendant was in custody.
(c) If the court determines that the State has exercised
without success due diligence to obtain evidence material to
the case and that there are reasonable grounds to believe that
such evidence may be obtained at a later day the court may
continue the cause on application of the State for not more
than an additional 60 days. If the court determines that the
State has exercised without success due diligence to obtain
results of DNA testing that is material to the case and that
there are reasonable grounds to believe that such results may
be obtained at a later day, the court may continue the cause on
application of the State for not more than an additional 120
days.
(d) Every person not tried in accordance with subsections
(a), (b) and (c) of this Section shall be discharged from
custody or released from the obligations of his pretrial
release bail or recognizance.
(e) If a person is simultaneously in custody upon more than
one charge pending against him in the same county, or
simultaneously demands trial upon more than one charge pending
against him in the same county, he shall be tried, or adjudged
guilty after waiver of trial, upon at least one such charge
before expiration relative to any of such pending charges of

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the period prescribed by subsections (a) and (b) of this
Section. Such person shall be tried upon all of the remaining
charges thus pending within 160 days from the date on which
judgment relative to the first charge thus prosecuted is
rendered pursuant to the Unified Code of Corrections or, if
such trial upon such first charge is terminated without
judgment and there is no subsequent trial of, or adjudication
of guilt after waiver of trial of, such first charge within a
reasonable time, the person shall be tried upon all of the
remaining charges thus pending within 160 days from the date on
which such trial is terminated; if either such period of 160
days expires without the commencement of trial of, or
adjudication of guilt after waiver of trial of, any of such
remaining charges thus pending, such charge or charges shall be
dismissed and barred for want of prosecution unless delay is
occasioned by the defendant, by an examination for fitness
ordered pursuant to Section 104-13 of this Act, by a fitness
hearing, by an adjudication of unfitness for trial, by a
continuance allowed pursuant to Section 114-4 of this Act after
a court's determination of the defendant's physical incapacity
for trial, or by an interlocutory appeal; provided, however,
that if the court determines that the State has exercised
without success due diligence to obtain evidence material to
the case and that there are reasonable grounds to believe that
such evidence may be obtained at a later day the court may
continue the cause on application of the State for not more

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than an additional 60 days.
(f) Delay occasioned by the defendant shall temporarily
suspend for the time of the delay the period within which a
person shall be tried as prescribed by subsections (a), (b), or
(e) of this Section and on the day of expiration of the delay
the said period shall continue at the point at which it was
suspended. Where such delay occurs within 21 days of the end of
the period within which a person shall be tried as prescribed
by subsections (a), (b), or (e) of this Section, the court may
continue the cause on application of the State for not more
than an additional 21 days beyond the period prescribed by
subsections (a), (b), or (e). This subsection (f) shall become
effective on, and apply to persons charged with alleged
offenses committed on or after, March 1, 1977.
(Source: P.A. 98-558, eff. 1-1-14.)
(725 ILCS 5/103-7) (from Ch. 38, par. 103-7)
Sec. 103-7. Posting notice of rights.
Every sheriff, chief of police or other person who is in
charge of any jail, police station or other building where
persons under arrest are held in custody pending investigation,
pretrial release bail or other criminal proceedings, shall post
in every room, other than cells, of such buildings where
persons are held in custody, in conspicuous places where it may
be seen and read by persons in custody and others, a poster,
printed in large type, containing a verbatim copy in the

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English language of the provisions of Sections 103-2, 103-3,
103-4, 109-1, 110-2, 110-4, and sub-parts (a) and (b) of
Sections 110-7 and 113-3 of this Code. Each person who is in
charge of any courthouse or other building in which any trial
of an offense is conducted shall post in each room primarily
used for such trials and in each room in which defendants are
confined or wait, pending trial, in conspicuous places where it
may be seen and read by persons in custody and others, a
poster, printed in large type, containing a verbatim copy in
the English language of the provisions of Sections 103-6,
113-1, 113-4 and 115-1 and of subparts (a) and (b) of Section
113-3 of this Code.
(Source: Laws 1965, p. 2622.)
(725 ILCS 5/103-9) (from Ch. 38, par. 103-9)
Sec. 103-9. Bail bondsmen. No bail bondsman from any state
may seize or transport unwillingly any person found in this
State who is allegedly in violation of a bail bond posted in
some other state or conditions of pretrial release. The return
of any such person to another state may be accomplished only as
provided by the laws of this State. Any bail bondsman who
violates this Section is fully subject to the criminal and
civil penalties provided by the laws of this State for his
actions.
(Source: P.A. 84-694.)

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(725 ILCS 5/104-13) (from Ch. 38, par. 104-13)
Sec. 104-13. Fitness Examination.
(a) When the issue of fitness involves the defendant's
mental condition, the court shall order an examination of the
defendant by one or more licensed physicians, clinical
psychologists, or psychiatrists chosen by the court. No
physician, clinical psychologist or psychiatrist employed by
the Department of Human Services shall be ordered to perform,
in his official capacity, an examination under this Section.
(b) If the issue of fitness involves the defendant's
physical condition, the court shall appoint one or more
physicians and in addition, such other experts as it may deem
appropriate to examine the defendant and to report to the court
regarding the defendant's condition.
(c) An examination ordered under this Section shall be
given at the place designated by the person who will conduct
the examination, except that if the defendant is being held in
custody, the examination shall take place at such location as
the court directs. No examinations under this Section shall be
ordered to take place at mental health or developmental
disabilities facilities operated by the Department of Human
Services. If the defendant fails to keep appointments without
reasonable cause or if the person conducting the examination
reports to the court that diagnosis requires hospitalization or
extended observation, the court may order the defendant
admitted to an appropriate facility for an examination, other

10100SB1968ham001 - 315 - LRB101 08002 RLC 74920 a
than a screening examination, for not more than 7 days. The
court may, upon a showing of good cause, grant an additional 7
days to complete the examination.
(d) Release on pretrial release bail or on recognizance
shall not be revoked and an application therefor shall not be
denied on the grounds that an examination has been ordered.
(e) Upon request by the defense and if the defendant is
indigent, the court may appoint, in addition to the expert or
experts chosen pursuant to subsection (a) of this Section, a
qualified expert selected by the defendant to examine him and
to make a report as provided in Section 104-15. Upon the filing
with the court of a verified statement of services rendered,
the court shall enter an order on the county board to pay such
expert a reasonable fee stated in the order.
(Source: P.A. 89-507, eff. 7-1-97.)
(725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
Sec. 104-17. Commitment for treatment; treatment plan.
(a) If the defendant is eligible to be or has been released
on pretrial release bail or on his own recognizance, the court
shall select the least physically restrictive form of treatment
therapeutically appropriate and consistent with the treatment
plan. The placement may be ordered either on an inpatient or an
outpatient basis.
(b) If the defendant's disability is mental, the court may
order him placed for treatment in the custody of the Department

10100SB1968ham001 - 316 - LRB101 08002 RLC 74920 a
of Human Services, or the court may order him placed in the
custody of any other appropriate public or private mental
health facility or treatment program which has agreed to
provide treatment to the defendant. If the court orders the
defendant placed in the custody of the Department of Human
Services, the Department shall evaluate the defendant to
determine to which secure facility the defendant shall be
transported and, within 20 days of the transmittal by the clerk
of the circuit court of the placement court order, notify the
sheriff of the designated facility. Upon receipt of that
notice, the sheriff shall promptly transport the defendant to
the designated facility. If the defendant is placed in the
custody of the Department of Human Services, the defendant
shall be placed in a secure setting. During the period of time
required to determine the appropriate placement the defendant
shall remain in jail. If during the course of evaluating the
defendant for placement, the Department of Human Services
determines that the defendant is currently fit to stand trial,
it shall immediately notify the court and shall submit a
written report within 7 days. In that circumstance the
placement shall be held pending a court hearing on the
Department's report. Otherwise, upon completion of the
placement process, the sheriff shall be notified and shall
transport the defendant to the designated facility. If, within
20 days of the transmittal by the clerk of the circuit court of
the placement court order, the Department fails to notify the

10100SB1968ham001 - 317 - LRB101 08002 RLC 74920 a
sheriff of the identity of the facility to which the defendant
shall be transported, the sheriff shall contact a designated
person within the Department to inquire about when a placement
will become available at the designated facility and bed
availability at other facilities. If, within 20 days of the
transmittal by the clerk of the circuit court of the placement
court order, the Department fails to notify the sheriff of the
identity of the facility to which the defendant shall be
transported, the sheriff shall notify the Department of its
intent to transfer the defendant to the nearest secure mental
health facility operated by the Department and inquire as to
the status of the placement evaluation and availability for
admission to such facility operated by the Department by
contacting a designated person within the Department. The
Department shall respond to the sheriff within 2 business days
of the notice and inquiry by the sheriff seeking the transfer
and the Department shall provide the sheriff with the status of
the evaluation, information on bed and placement availability,
and an estimated date of admission for the defendant and any
changes to that estimated date of admission. If the Department
notifies the sheriff during the 2 business day period of a
facility operated by the Department with placement
availability, the sheriff shall promptly transport the
defendant to that facility. The placement may be ordered either
on an inpatient or an outpatient basis.
(c) If the defendant's disability is physical, the court

10100SB1968ham001 - 318 - LRB101 08002 RLC 74920 a
may order him placed under the supervision of the Department of
Human Services which shall place and maintain the defendant in
a suitable treatment facility or program, or the court may
order him placed in an appropriate public or private facility
or treatment program which has agreed to provide treatment to
the defendant. The placement may be ordered either on an
inpatient or an outpatient basis.
(d) The clerk of the circuit court shall within 5 days of
the entry of the order transmit to the Department, agency or
institution, if any, to which the defendant is remanded for
treatment, the following:
(1) a certified copy of the order to undergo treatment.
Accompanying the certified copy of the order to undergo
treatment shall be the complete copy of any report prepared
under Section 104-15 of this Code or other report prepared
by a forensic examiner for the court;
(2) the county and municipality in which the offense
was committed;
(3) the county and municipality in which the arrest
took place;
(4) a copy of the arrest report, criminal charges,
arrest record; and
(5) all additional matters which the Court directs the
clerk to transmit.
(e) Within 30 days of entry of an order to undergo
treatment, the person supervising the defendant's treatment

10100SB1968ham001 - 319 - LRB101 08002 RLC 74920 a
shall file with the court, the State, and the defense a report
assessing the facility's or program's capacity to provide
appropriate treatment for the defendant and indicating his
opinion as to the probability of the defendant's attaining
fitness within a period of time from the date of the finding of
unfitness. For a defendant charged with a felony, the period of
time shall be one year. For a defendant charged with a
misdemeanor, the period of time shall be no longer than the
sentence if convicted of the most serious offense. If the
report indicates that there is a substantial probability that
the defendant will attain fitness within the time period, the
treatment supervisor shall also file a treatment plan which
shall include:
(1) A diagnosis of the defendant's disability;
(2) A description of treatment goals with respect to
rendering the defendant fit, a specification of the
proposed treatment modalities, and an estimated timetable
for attainment of the goals;
(3) An identification of the person in charge of
supervising the defendant's treatment.
(Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18.)
(725 ILCS 5/106D-1)
Sec. 106D-1. Defendant's appearance by closed circuit
television and video conference.
(a) Whenever the appearance in person in court, in either a

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civil or criminal proceeding, is required of anyone held in a
place of custody or confinement operated by the State or any of
its political subdivisions, including counties and
municipalities, the chief judge of the circuit by rule may
permit the personal appearance to be made by means of two-way
audio-visual communication, including closed circuit
television and computerized video conference, in the following
proceedings:
(1) the initial appearance before a judge on a criminal
complaint, at which the conditions of pretrial release bail
will be set;
(2) the waiver of a preliminary hearing;
(3) the arraignment on an information or indictment at
which a plea of not guilty will be entered;
(4) the presentation of a jury waiver;
(5) any status hearing;
(6) any hearing conducted under the Sexually Violent
Persons Commitment Act at which no witness testimony will
be taken; and
(7) at any hearing conducted under the Sexually Violent
Persons Commitment Act at which no witness testimony will
be taken.
(b) The two-way audio-visual communication facilities must
provide two-way audio-visual communication between the court
and the place of custody or confinement, and must include a
secure line over which the person in custody and his or her

10100SB1968ham001 - 321 - LRB101 08002 RLC 74920 a
counsel, if any, may communicate.
(c) Nothing in this Section shall be construed to prohibit
other court appearances through the use of two-way audio-visual
communication, upon waiver of any right the person in custody
or confinement may have to be present physically.
(d) Nothing in this Section shall be construed to establish
a right of any person held in custody or confinement to appear
in court through two-way audio-visual communication or to
require that any governmental entity, or place of custody or
confinement, provide two-way audio-visual communication.
(Source: P.A. 95-263, eff. 8-17-07.)
(725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
Sec. 107-4. Arrest by peace officer from other
jurisdiction.
(a) As used in this Section:
(1) "State" means any State of the United States and
the District of Columbia.
(2) "Peace Officer" means any peace officer or member
of any duly organized State, County, or Municipal peace
unit, any police force of another State, the United States
Department of Defense, or any police force whose members,
by statute, are granted and authorized to exercise powers
similar to those conferred upon any peace officer employed
by a law enforcement agency of this State.
(3) "Fresh pursuit" means the immediate pursuit of a

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person who is endeavoring to avoid arrest.
(4) "Law enforcement agency" means a municipal police
department or county sheriff's office of this State.
(a-3) Any peace officer employed by a law enforcement
agency of this State may conduct temporary questioning pursuant
to Section 107-14 of this Code and may make arrests in any
jurisdiction within this State: (1) if the officer is engaged
in the investigation of criminal activity that occurred in the
officer's primary jurisdiction and the temporary questioning
or arrest relates to, arises from, or is conducted pursuant to
that investigation; or (2) if the officer, while on duty as a
peace officer, becomes personally aware of the immediate
commission of a felony or misdemeanor violation of the laws of
this State; or (3) if the officer, while on duty as a peace
officer, is requested by an appropriate State or local law
enforcement official to render aid or assistance to the
requesting law enforcement agency that is outside the officer's
primary jurisdiction; or (4) in accordance with Section
2605-580 of the Department of State Police Law of the Civil
Administrative Code of Illinois. While acting pursuant to this
subsection, an officer has the same authority as within his or
her own jurisdiction.
(a-7) The law enforcement agency of the county or
municipality in which any arrest is made under this Section
shall be immediately notified of the arrest.
(b) Any peace officer of another State who enters this

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State in fresh pursuit and continues within this State in fresh
pursuit of a person in order to arrest him on the ground that
he has committed an offense in the other State has the same
authority to arrest and hold the person in custody as peace
officers of this State have to arrest and hold a person in
custody on the ground that he has committed an offense in this
State.
(c) If an arrest is made in this State by a peace officer
of another State in accordance with the provisions of this
Section he shall without unnecessary delay take the person
arrested before the circuit court of the county in which the
arrest was made. Such court shall conduct a hearing for the
purpose of determining the lawfulness of the arrest. If the
court determines that the arrest was lawful it shall commit the
person arrested, to await for a reasonable time the issuance of
an extradition warrant by the Governor of this State, or admit
him to pretrial release bail for such purpose. If the court
determines that the arrest was unlawful it shall discharge the
person arrested.
(Source: P.A. 98-576, eff. 1-1-14.)
(725 ILCS 5/107-9) (from Ch. 38, par. 107-9)
Sec. 107-9. Issuance of arrest warrant upon complaint.
(a) When a complaint is presented to a court charging that
an offense has been committed it shall examine upon oath or
affirmation the complainant or any witnesses.

10100SB1968ham001 - 324 - LRB101 08002 RLC 74920 a
(b) The complaint shall be in writing and shall:
(1) State the name of the accused if known, and if not
known the accused may be designated by any name or
description by which he can be identified with reasonable
certainty;
(2) State the offense with which the accused is
charged;
(3) State the time and place of the offense as
definitely as can be done by the complainant; and
(4) Be subscribed and sworn to by the complainant.
(b-5) If an arrest warrant is sought and the request is
made by electronic means that has a simultaneous video and
audio transmission between the requester and a judge, the judge
may issue an arrest warrant based upon a sworn complaint or
sworn testimony communicated in the transmission.
(c) A warrant shall be issued by the court for the arrest
of the person complained against if it appears from the
contents of the complaint and the examination of the
complainant or other witnesses, if any, that the person against
whom the complaint was made has committed an offense.
(d) The warrant of arrest shall:
(1) Be in writing;
(2) Specify the name, sex and birth date of the person
to be arrested or if his name, sex or birth date is
unknown, shall designate such person by any name or
description by which he can be identified with reasonable

10100SB1968ham001 - 325 - LRB101 08002 RLC 74920 a
certainty;
(3) Set forth the nature of the offense;
(4) State the date when issued and the municipality or
county where issued;
(5) Be signed by the judge of the court with the title
of his office;
(6) Command that the person against whom the complaint
was made be arrested and brought before the court issuing
the warrant or if he is absent or unable to act before the
nearest or most accessible court in the same county;
(7) Specify the conditions of pretrial release amount
of bail; and
(8) Specify any geographical limitation placed on the
execution of the warrant, but such limitation shall not be
expressed in mileage.
(e) The warrant shall be directed to all peace officers in
the State. It shall be executed by the peace officer, or by a
private person specially named therein, at any location within
the geographic limitation for execution placed on the warrant.
If no geographic limitation is placed on the warrant, then it
may be executed anywhere in the State.
(f) The arrest warrant may be issued electronically or
electromagnetically by use of electronic mail or a facsimile
transmission machine and any arrest warrant shall have the same
validity as a written warrant.
(Source: P.A. 101-239, eff. 1-1-20.)

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(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
Sec. 109-1. Person arrested; release from law enforcement
custody and court appearance; geographical constraints prevent
in-person appearances.
(a) A person arrested with or without a warrant for an
offense for which pretrial release may be denied under
paragraphs (1) through (6) of Section 110-6.1 shall be taken
without unnecessary delay before the nearest and most
accessible judge in that county, except when such county is a
participant in a regional jail authority, in which event such
person may be taken to the nearest and most accessible judge,
irrespective of the county where such judge presides, and a
charge shall be filed. Whenever a person arrested either with
or without a warrant is required to be taken before a judge, a
charge may be filed against such person by way of a two-way
closed circuit television system, except that a hearing to deny
pretrial release bail to the defendant may not be conducted by
way of closed circuit television.
(a-1) Law enforcement shall issue a citation in lieu of
custodial arrest, upon proper identification, for those
accused of traffic and Class B and C criminal misdemeanor
offenses, or of petty and business offenses, who pose no
obvious threat to the community or any person, or who have no
obvious medical or mental health issues that pose a risk to
their own safety. Those released on citation shall be scheduled

10100SB1968ham001 - 327 - LRB101 08002 RLC 74920 a
into court within 21 days.
(a-3) A person arrested with or without a warrant for an
offense for which pretrial release may not be denied may,
except as otherwise provided in this Code, be released by the
officer without appearing before a judge. The releasing officer
shall issue the person a summons to appear within 21 days. A
presumption in favor of pretrial release shall by applied by an
arresting officer in the exercise of his or her discretion
under this Section.
(a-5) A person charged with an offense shall be allowed
counsel at the hearing at which pretrial release bail is
determined under Article 110 of this Code. If the defendant
desires counsel for his or her initial appearance but is unable
to obtain counsel, the court shall appoint a public defender or
licensed attorney at law of this State to represent him or her
for purposes of that hearing.
(b) Upon initial appearance of a person before the court,
the The judge shall:
(1) inform Inform the defendant of the charge against
him and shall provide him with a copy of the charge;
(2) advise Advise the defendant of his right to counsel
and if indigent shall appoint a public defender or licensed
attorney at law of this State to represent him in
accordance with the provisions of Section 113-3 of this
Code;
(3) schedule Schedule a preliminary hearing in

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appropriate cases;
(4) admit Admit the defendant to pretrial release bail
in accordance with the provisions of Article 110/5 110 of
this Code, or upon verified petition of the State, proceed
with the setting of a detention hearing as provided in
Section 110-6.1; and
(5) Order the confiscation of the person's passport or
impose travel restrictions on a defendant arrested for
first degree murder or other violent crime as defined in
Section 3 of the Rights of Crime Victims and Witnesses Act,
if the judge determines, based on the factors in Section
110-5 of this Code, that this will reasonably ensure the
appearance of the defendant and compliance by the defendant
with all conditions of release.
(c) The court may issue an order of protection in
accordance with the provisions of Article 112A of this Code.
Crime victims shall be given notice by the State's Attorney's
office of this hearing as required in paragraph (2) of
subsection (b) of the Rights of Crime Victims and Witnesses Act
and shall be informed of their opportunity at this hearing to
obtain an order of protection under Article 112A of this Code.
(d) At the initial appearance of a defendant in any
criminal proceeding, the court must advise the defendant in
open court that any foreign national who is arrested or
detained has the right to have notice of the arrest or
detention given to his or her country's consular

10100SB1968ham001 - 329 - LRB101 08002 RLC 74920 a
representatives and the right to communicate with those
consular representatives if the notice has not already been
provided. The court must make a written record of so advising
the defendant.
(e) If consular notification is not provided to a defendant
before his or her first appearance in court, the court shall
grant any reasonable request for a continuance of the
proceedings to allow contact with the defendant's consulate.
Any delay caused by the granting of the request by a defendant
shall temporarily suspend for the time of the delay the period
within which a person shall be tried as prescribed by
subsections (a), (b), or (e) of Section 103-5 of this Code and
on the day of the expiration of delay the period shall continue
at the point at which it was suspended.
(f) At the hearing at which conditions of pretrial release
are determined, the person charged shall be present in person
rather than by video phone or any other form of electronic
communication, unless the physical health and safety of the
person would be endangered by appearing in court or the accused
waives the right to be present in person.
(g) Defense counsel shall be given adequate opportunity to
confer with Defendant prior to any hearing in which conditions
of release or the detention of the Defendant is to be
considered, with a physical accommodation made to facilitate
attorney/client consultation.
(Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1,

10100SB1968ham001 - 330 - LRB101 08002 RLC 74920 a
eff. 1-1-18.)
(725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
Sec. 109-2. Person arrested in another county. (a) Any
person arrested in a county other than the one in which a
warrant for his arrest was issued shall be taken without
unnecessary delay before the nearest and most accessible judge
in the county where the arrest was made or, if no additional
delay is created, before the nearest and most accessible judge
in the county from which the warrant was issued. Upon arrival
in the county in which the warrant was issued, the status of
the arrested person's release status shall be determined by the
release revocation process described in Section 110-6. He shall
be admitted to bail in the amount specified in the warrant or,
for offenses other than felonies, in an amount as set by the
judge, and such bail shall be conditioned on his appearing in
the court issuing the warrant on a certain date. The judge may
hold a hearing to determine if the defendant is the same person
as named in the warrant.
(b) Notwithstanding the provisions of subsection (a), any
person arrested in a county other than the one in which a
warrant for his arrest was issued, may waive the right to be
taken before a judge in the county where the arrest was made.
If a person so arrested waives such right, the arresting agency
shall surrender such person to a law enforcement agency of the
county that issued the warrant without unnecessary delay. The

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provisions of Section 109-1 shall then apply to the person so
arrested.
(c) If a defendant is charged with a felony offense, but
has a warrant in another county, the defendant shall be taken
to the county that issued the warrant within 72 hours of the
completion of condition or detention hearing, so that release
or detention status can be resolved. This provision shall not
apply to warrants issued outside of Illinois.
(Source: P.A. 86-298.)
(725 ILCS 5/109-3) (from Ch. 38, par. 109-3)
Sec. 109-3. Preliminary examination.)
(a) The judge shall hold the defendant to answer to the
court having jurisdiction of the offense if from the evidence
it appears there is probable cause to believe an offense has
been committed by the defendant, as provided in Section 109-3.1
of this Code, if the offense is a felony.
(b) If the defendant waives preliminary examination the
judge shall hold him to answer and may, or on the demand of the
prosecuting attorney shall, cause the witnesses for the State
to be examined. After hearing the testimony if it appears that
there is not probable cause to believe the defendant guilty of
any offense the judge shall discharge him.
(c) During the examination of any witness or when the
defendant is making a statement or testifying the judge may and
on the request of the defendant or State shall exclude all

10100SB1968ham001 - 332 - LRB101 08002 RLC 74920 a
other witnesses. He may also cause the witnesses to be kept
separate and to be prevented from communicating with each other
until all are examined.
(d) If the defendant is held to answer the judge may
require any material witness for the State or defendant to
enter into a written undertaking to appear at the trial, and
may provide for the forfeiture of a sum certain in the event
the witness does not appear at the trial. Any witness who
refuses to execute a recognizance may be committed by the judge
to the custody of the sheriff until trial or further order of
the court having jurisdiction of the cause. Any witness who
executes a recognizance and fails to comply with its terms
shall, in addition to any forfeiture provided in the
recognizance, be subject to the penalty provided in Section
32-10 of the Criminal Code of 2012 for violation of the
conditions of pretrial release bail bond.
(e) During preliminary hearing or examination the
defendant may move for an order of suppression of evidence
pursuant to Section 114-11 or 114-12 of this Act or for other
reasons, and may move for dismissal of the charge pursuant to
Section 114-1 of this Act or for other reasons.
(Source: P.A. 97-1150, eff. 1-25-13.)
(725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1)
Sec. 109-3.1. Persons Charged with Felonies. (a) In any
case involving a person charged with a felony in this State,

10100SB1968ham001 - 333 - LRB101 08002 RLC 74920 a
alleged to have been committed on or after January 1, 1984, the
provisions of this Section shall apply.
(b) Every person in custody in this State for the alleged
commission of a felony shall receive either a preliminary
examination as provided in Section 109-3 or an indictment by
Grand Jury as provided in Section 111-2, within 30 days from
the date he or she was taken into custody. Every person on
pretrial release bail or recognizance for the alleged
commission of a felony shall receive either a preliminary
examination as provided in Section 109-3 or an indictment by
Grand Jury as provided in Section 111-2, within 60 days from
the date he or she was arrested.
The provisions of this paragraph shall not apply in the
following situations:
(1) when delay is occasioned by the defendant; or
(2) when the defendant has been indicted by the Grand Jury
on the felony offense for which he or she was initially taken
into custody or on an offense arising from the same transaction
or conduct of the defendant that was the basis for the felony
offense or offenses initially charged; or
(3) when a competency examination is ordered by the court;
or
(4) when a competency hearing is held; or
(5) when an adjudication of incompetency for trial has been
made; or
(6) when the case has been continued by the court under

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Section 114-4 of this Code after a determination that the
defendant is physically incompetent to stand trial.
(c) Delay occasioned by the defendant shall temporarily
suspend, for the time of the delay, the period within which the
preliminary examination must be held. On the day of expiration
of the delay the period in question shall continue at the point
at which it was suspended.
(Source: P.A. 83-644.)
(725 ILCS 5/Art. 110 heading)
ARTICLE 110. PRETRIAL RELEASE BAIL
(725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
Sec. 110-1. Definitions. (a) (Blank). "Security" is that
which is required to be pledged to insure the payment of bail.
(b) "Sureties" encompasses the monetary and nonmonetary
requirements set by the court as conditions for release either
before or after conviction. "Surety" is one who executes a bail
bond and binds himself to pay the bail if the person in custody
fails to comply with all conditions of the bail bond.
(c) The phrase "for which a sentence of imprisonment,
without conditional and revocable release, shall be imposed by
law as a consequence of conviction" means an offense for which
a sentence of imprisonment, without probation, periodic
imprisonment or conditional discharge, is required by law upon
conviction.

10100SB1968ham001 - 335 - LRB101 08002 RLC 74920 a
(d) (Blank.) "Real and present threat to the physical
safety of any person or persons", as used in this Article,
includes a threat to the community, person, persons or class of
persons.
(e) Willful flight means planning or attempting to
intentionally evade prosecution by concealing oneself. Simple
past non-appearance in court alone is not evidence of future
intent to evade prosecution.
(Source: P.A. 85-892.)
(725 ILCS 5/110-1.5 new)
Sec. 110-1.5. Abolition of monetary bail. On and after
January 1, 2023, the requirement of posting monetary bail is
abolished, except as provided in the Uniform Criminal
Extradition Act, the Driver License Compact, or the Nonresident
Violator Compact which are compacts that have been entered into
between this State and its sister states.
(725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
Sec. 110-2. Release on own recognizance.
(a) It is presumed that a defendant is entitled to release
on personal recognizance on the condition that the defendant
attend all required court proceedings and the defendant does
not commit any criminal offense, and complies with all terms of
pretrial release, including, but not limited to, orders of
protection under both Section 112A-4 of this Code and Section

10100SB1968ham001 - 336 - LRB101 08002 RLC 74920 a
214 of the Illinois Domestic Violence Act of 1986, all civil no
contact orders, and all stalking no contact orders.
(b) Additional conditions of release, including those
highlighted above, shall be set only when it is determined that
they are necessary to assure the defendant's appearance in
court, assure the defendant does not commit any criminal
offense, and complies with all conditions of pretrial release.
(c) Detention only shall be imposed when it is determined
that the defendant poses a specific, real and present threat to
a person, or has a high likelihood of willful flight. If the
court deems that the defendant is to be released on personal
recognizance, the court may require that a written admonishment
be signed by When from all the circumstances the court is of
the opinion that the defendant will appear as required either
before or after conviction and the defendant will not pose a
danger to any person or the community and that the defendant
will comply with all conditions of bond, which shall include
the defendant's current address with a written admonishment to
the defendant requiring that he or she must comply with the
provisions of Section 110-12 of this Code regarding any change
in his or her address. The , the defendant may be released on
his or her own recognizance upon signature. The defendant's
address shall at all times remain a matter of public record
with the clerk of the court. A failure to appear as required by
such recognizance shall constitute an offense subject to the
penalty provided in Section 32-10 of the Criminal Code of 2012

10100SB1968ham001 - 337 - LRB101 08002 RLC 74920 a
for violation of the conditions of pretrial release bail bond,
and any obligated sum fixed in the recognizance shall be
forfeited and collected in accordance with subsection (g) of
Section 110-7 of this Code.
(d) If, after the procedures set out in Section 110-6.1,
the court decides to detain the defendant, the Court must make
a written finding as to why less restrictive conditions would
not assure safety to the community and assure the defendant's
appearance in court. At each subsequent appearance of the
defendant before the Court, the judge must find that continued
detention or the current set of conditions imposed are
necessary to avoid the specific, real and present threat to any
person or of willful flight from prosecution to continue
detention of the defendant. The court is not required to be
presented with new information or a change in circumstance to
consider reconsidering pretrial detention on current
conditions.
(e) This Section shall be liberally construed to effectuate
the purpose of relying upon contempt of court proceedings or
criminal sanctions instead of financial loss to assure the
appearance of the defendant, and that the defendant will not
pose a danger to any person or the community and that the
defendant will not pose comply with all conditions of bond.
Monetary bail should be set only when it is determined that no
other conditions of release will reasonably assure the
defendant's appearance in court, that the defendant does not

10100SB1968ham001 - 338 - LRB101 08002 RLC 74920 a
present a danger to any person or the community and that the
defendant will comply with all conditions of pretrial release
bond.
The State may appeal any order permitting release by
personal recognizance.
(Source: P.A. 97-1150, eff. 1-25-13.)
(725 ILCS 5/110-3) (from Ch. 38, par. 110-3)
Sec. 110-3. Options for warrant alternatives Issuance of
warrant.
(a) Upon failure to comply with any condition of pretrial
release a bail bond or recognizance the court having
jurisdiction at the time of such failure may, on its own motion
or upon motion from the State, issue an order to show cause as
to why he or she shall not be subject to revocation of pretrial
release, or for sanctions, as provided in Section 110-6.
Nothing in this Section prohibits the court from issuing a
warrant under subsection (c) upon failure to comply with any
condition of pretrial release or recognizance.
(b) The order issued by the court shall state the facts
alleged to constitute the hearing to show cause or otherwise
why the person is subject to revocation of pretrial release. A
certified copy of the order shall be served upon the person at
least 48 hours in advance of the scheduled hearing.
(c) If the person does not appear at the hearing to show
cause or absconds, the court may, in addition to any other

10100SB1968ham001 - 339 - LRB101 08002 RLC 74920 a
action provided by law, issue a warrant for the arrest of the
person at liberty on pretrial release bail or his own
recognizance. The contents of such a warrant shall be the same
as required for an arrest warrant issued upon complaint and may
modify any previously imposed conditions placed upon the
person, rather than revoking pretrial release or issuing a
warrant for the person in accordance with the requirements in
subsections (d) and (e) of Section 110-5. When a defendant is
at liberty on pretrial release bail or his own recognizance on
a felony charge and fails to appear in court as directed, the
court may shall issue a warrant for the arrest of such person
after his or her failure to appear at the show for cause
hearing as provided in this Section. Such warrant shall be
noted with a directive to peace officers to arrest the person
and hold such person without pretrial release bail and to
deliver such person before the court for further proceedings.
(d) If the order as described in Subsection B is issued, a
failure to appear shall not be recorded until the Defendant
fails to appear at the hearing to show cause. For the purpose
of any risk assessment or future evaluation of risk of willful
flight or risk of failure to appear, a non-appearance in court
cured by an appearance at the hearing to show cause shall not
be considered as evidence of future likelihood appearance in
court. A defendant who is arrested or surrenders within 30 days
of the issuance of such warrant shall not be bailable in the
case in question unless he shows by the preponderance of the

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evidence that his failure to appear was not intentional.
(Source: P.A. 86-298; 86-984; 86-1028.)
(725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
Sec. 110-4. Pretrial release Bailable Offenses.
(a) All persons charged with an offense shall be eligible
for pretrial release before conviction. Pretrial release may
only be denied when a person is charged with an offense listed
in Section 110-6.1 or when the defendant has a high likelihood
of willful flight, and after the court has held a hearing under
Section 110-6.1. All persons shall be bailable before
conviction, except the following offenses where the proof is
evident or the presumption great that the defendant is guilty
of the offense: capital offenses; offenses for which a sentence
of life imprisonment may be imposed as a consequence of
conviction; felony offenses for which a sentence of
imprisonment, without conditional and revocable release, shall
be imposed by law as a consequence of conviction, where the
court after a hearing, determines that the release of the
defendant would pose a real and present threat to the physical
safety of any person or persons; stalking or aggravated
stalking, where the court, after a hearing, determines that the
release of the defendant would pose a real and present threat
to the physical safety of the alleged victim of the offense and
denial of bail is necessary to prevent fulfillment of the
threat upon which the charge is based; or unlawful use of

10100SB1968ham001 - 341 - LRB101 08002 RLC 74920 a
weapons in violation of item (4) of subsection (a) of Section
24-1 of the Criminal Code of 1961 or the Criminal Code of 2012
when that offense occurred in a school or in any conveyance
owned, leased, or contracted by a school to transport students
to or from school or a school-related activity, or on any
public way within 1,000 feet of real property comprising any
school, where the court, after a hearing, determines that the
release of the defendant would pose a real and present threat
to the physical safety of any person and denial of bail is
necessary to prevent fulfillment of that threat; or making a
terrorist threat in violation of Section 29D-20 of the Criminal
Code of 1961 or the Criminal Code of 2012 or an attempt to
commit the offense of making a terrorist threat, where the
court, after a hearing, determines that the release of the
defendant would pose a real and present threat to the physical
safety of any person and denial of bail is necessary to prevent
fulfillment of that threat.
(b) A person seeking pretrial release on bail who is
charged with a capital offense or an offense for which a
sentence of life imprisonment may be imposed shall not be
eligible for release pretrial bailable until a hearing is held
wherein such person has the burden of demonstrating that the
proof of his guilt is not evident and the presumption is not
great.
(c) Where it is alleged that pretrial bail should be denied
to a person upon the grounds that the person presents a real

10100SB1968ham001 - 342 - LRB101 08002 RLC 74920 a
and present threat to the physical safety of any person or
persons, the burden of proof of such allegations shall be upon
the State.
(d) When it is alleged that pretrial bail should be denied
to a person charged with stalking or aggravated stalking upon
the grounds set forth in Section 110-6.3 of this Code, the
burden of proof of those allegations shall be upon the State.
(Source: P.A. 97-1150, eff. 1-25-13.)
(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
Sec. 110-5. Determining the amount of bail and conditions
of release.
(a) In determining which the amount of monetary bail or
conditions of pretrial release, if any, which will reasonably
assure the appearance of a defendant as required or the safety
of any other person or the community and the likelihood of
compliance by the defendant with all the conditions of pretrial
release bail, the court shall, on the basis of available
information, take into account such matters as:
(1) the nature and circumstances of the offense
charged;
(2) the weight of the evidence against the eligible
defendant, except that the court may consider the
admissibility of any evidence sought to be excluded;
(3) the history and characteristics of the eligible
defendant, including:

10100SB1968ham001 - 343 - LRB101 08002 RLC 74920 a
(A) the eligible defendant's character, physical
and mental condition, family ties, employment,
financial resources, length of residence in the
community, community ties, past relating to drug or
alcohol abuse, conduct, history criminal history, and
record concerning appearance at court proceedings; and
(B) whether, at the time of the current offense or
arrest, the eligible defendant was on probation,
parole, or on other release pending trial, sentencing,
appeal, or completion of sentence for an offense under
federal law, or the law of this or any other state;
(4) the nature and seriousness of the specific,
real and present threat to any person that would be
posed by the eligible defendant's release, if
applicable; as required under paragraph (7.5) of
Section 4 of the Rights of Crime Victims and Witnesses
Act; and
(5) the nature and seriousness of the risk of
obstructing or attempting to obstruct the criminal
justice process that would be posed by the eligible
defendant's release, if applicable.
(b) The court shall impose any conditions that are
mandatory under Section 110-10. The court may impose any
conditions that are permissible under Section 110-10. , whether
the evidence shows that as part of the offense there was a use
of violence or threatened use of violence, whether the offense

10100SB1968ham001 - 344 - LRB101 08002 RLC 74920 a
involved corruption of public officials or employees, whether
there was physical harm or threats of physical harm to any
public official, public employee, judge, prosecutor, juror or
witness, senior citizen, child, or person with a disability,
whether evidence shows that during the offense or during the
arrest the defendant possessed or used a firearm, machine gun,
explosive or metal piercing ammunition or explosive bomb device
or any military or paramilitary armament, whether the evidence
shows that the offense committed was related to or in
furtherance of the criminal activities of an organized gang or
was motivated by the defendant's membership in or allegiance to
an organized gang, the condition of the victim, any written
statement submitted by the victim or proffer or representation
by the State regarding the impact which the alleged criminal
conduct has had on the victim and the victim's concern, if any,
with further contact with the defendant if released on bail,
whether the offense was based on racial, religious, sexual
orientation or ethnic hatred, the likelihood of the filing of a
greater charge, the likelihood of conviction, the sentence
applicable upon conviction, the weight of the evidence against
such defendant, whether there exists motivation or ability to
flee, whether there is any verification as to prior residence,
education, or family ties in the local jurisdiction, in another
county, state or foreign country, the defendant's employment,
financial resources, character and mental condition, past
conduct, prior use of alias names or dates of birth, and length

10100SB1968ham001 - 345 - LRB101 08002 RLC 74920 a
of residence in the community, the consent of the defendant to
periodic drug testing in accordance with Section 110-6.5,
whether a foreign national defendant is lawfully admitted in
the United States of America, whether the government of the
foreign national maintains an extradition treaty with the
United States by which the foreign government will extradite to
the United States its national for a trial for a crime
allegedly committed in the United States, whether the defendant
is currently subject to deportation or exclusion under the
immigration laws of the United States, whether the defendant,
although a United States citizen, is considered under the law
of any foreign state a national of that state for the purposes
of extradition or non-extradition to the United States, the
amount of unrecovered proceeds lost as a result of the alleged
offense, the source of bail funds tendered or sought to be
tendered for bail, whether from the totality of the court's
consideration, the loss of funds posted or sought to be posted
for bail will not deter the defendant from flight, whether the
evidence shows that the defendant is engaged in significant
possession, manufacture, or delivery of a controlled substance
or cannabis, either individually or in consort with others,
whether at the time of the offense charged he or she was on
bond or pre-trial release pending trial, probation, periodic
imprisonment or conditional discharge pursuant to this Code or
the comparable Code of any other state or federal jurisdiction,
whether the defendant is on bond or pre-trial release pending

10100SB1968ham001 - 346 - LRB101 08002 RLC 74920 a
the imposition or execution of sentence or appeal of sentence
for any offense under the laws of Illinois or any other state
or federal jurisdiction, whether the defendant is under parole,
aftercare release, mandatory supervised release, or work
release from the Illinois Department of Corrections or Illinois
Department of Juvenile Justice or any penal institution or
corrections department of any state or federal jurisdiction,
the defendant's record of convictions, whether the defendant
has been convicted of a misdemeanor or ordinance offense in
Illinois or similar offense in other state or federal
jurisdiction within the 10 years preceding the current charge
or convicted of a felony in Illinois, whether the defendant was
convicted of an offense in another state or federal
jurisdiction that would be a felony if committed in Illinois
within the 20 years preceding the current charge or has been
convicted of such felony and released from the penitentiary
within 20 years preceding the current charge if a penitentiary
sentence was imposed in Illinois or other state or federal
jurisdiction, the defendant's records of juvenile adjudication
of delinquency in any jurisdiction, any record of appearance or
failure to appear by the defendant at court proceedings,
whether there was flight to avoid arrest or prosecution,
whether the defendant escaped or attempted to escape to avoid
arrest, whether the defendant refused to identify himself or
herself, or whether there was a refusal by the defendant to be
fingerprinted as required by law. Information used by the court

10100SB1968ham001 - 347 - LRB101 08002 RLC 74920 a
in its findings or stated in or offered in connection with this
Section may be by way of proffer based upon reliable
information offered by the State or defendant. All evidence
shall be admissible if it is relevant and reliable regardless
of whether it would be admissible under the rules of evidence
applicable at criminal trials. If the State presents evidence
that the offense committed by the defendant was related to or
in furtherance of the criminal activities of an organized gang
or was motivated by the defendant's membership in or allegiance
to an organized gang, and if the court determines that the
evidence may be substantiated, the court shall prohibit the
defendant from associating with other members of the organized
gang as a condition of bail or release. For the purposes of
this Section, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(a-5) There shall be a presumption that any conditions of
release imposed shall be non-monetary in nature and the court
shall impose the least restrictive conditions or combination of
conditions necessary to reasonably assure the appearance of the
defendant for further court proceedings and protect the
integrity of the judicial proceedings from a specific threat to
a witness or participant. Conditions of release may include,
but not be limited to, electronic home monitoring, curfews,
drug counseling, stay-away orders, and in-person reporting.
The court shall consider the defendant's socio-economic

10100SB1968ham001 - 348 - LRB101 08002 RLC 74920 a
circumstance when setting conditions of release or imposing
monetary bail.
(b) The amount of bail shall be:
(1) Sufficient to assure compliance with the
conditions set forth in the bail bond, which shall include
the defendant's current address with a written
admonishment to the defendant that he or she must comply
with the provisions of Section 110-12 regarding any change
in his or her address. The defendant's address shall at all
times remain a matter of public record with the clerk of
the court.
(2) Not oppressive.
(3) Considerate of the financial ability of the
accused.
(4) When a person is charged with a drug related
offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as defined
in the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and
Community Protection Act, the full street value of the
drugs seized shall be considered. "Street value" shall be
determined by the court on the basis of a proffer by the
State based upon reliable information of a law enforcement
official contained in a written report as to the amount
seized and such proffer may be used by the court as to the
current street value of the smallest unit of the drug

10100SB1968ham001 - 349 - LRB101 08002 RLC 74920 a
seized.
(b-5) Upon the filing of a written request demonstrating
reasonable cause, the State's Attorney may request a source of
bail hearing either before or after the posting of any funds.
If the hearing is granted, before the posting of any bail, the
accused must file a written notice requesting that the court
conduct a source of bail hearing. The notice must be
accompanied by justifying affidavits stating the legitimate
and lawful source of funds for bail. At the hearing, the court
shall inquire into any matters stated in any justifying
affidavits, and may also inquire into matters appropriate to
the determination which shall include, but are not limited to,
the following:
(1) the background, character, reputation, and
relationship to the accused of any surety; and
(2) the source of any money or property deposited by
any surety, and whether any such money or property
constitutes the fruits of criminal or unlawful conduct; and
(3) the source of any money posted as cash bail, and
whether any such money constitutes the fruits of criminal
or unlawful conduct; and
(4) the background, character, reputation, and
relationship to the accused of the person posting cash
bail.
Upon setting the hearing, the court shall examine, under
oath, any persons who may possess material information.

10100SB1968ham001 - 350 - LRB101 08002 RLC 74920 a
The State's Attorney has a right to attend the hearing, to
call witnesses and to examine any witness in the proceeding.
The court shall, upon request of the State's Attorney, continue
the proceedings for a reasonable period to allow the State's
Attorney to investigate the matter raised in any testimony or
affidavit. If the hearing is granted after the accused has
posted bail, the court shall conduct a hearing consistent with
this subsection (b-5). At the conclusion of the hearing, the
court must issue an order either approving of disapproving the
bail.
(c) When a person is charged with an offense punishable by
fine only the amount of the bail shall not exceed double the
amount of the maximum penalty.
(d) When a person has been convicted of an offense and only
a fine has been imposed the amount of the bail shall not exceed
double the amount of the fine.
(e) The State may appeal any order granting bail or setting
a given amount for bail.
(b) (f) When a person is charged with a violation of an
order of protection under Section 12-3.4 or 12-30 of the
Criminal Code of 1961 or the Criminal Code of 2012 or when a
person is charged with domestic battery, aggravated domestic
battery, kidnapping, aggravated kidnaping, unlawful restraint,
aggravated unlawful restraint, stalking, aggravated stalking,
cyberstalking, harassment by telephone, harassment through
electronic communications, or an attempt to commit first degree

10100SB1968ham001 - 351 - LRB101 08002 RLC 74920 a
murder committed against an intimate partner regardless
whether an order of protection has been issued against the
person,
(1) whether the alleged incident involved harassment
or abuse, as defined in the Illinois Domestic Violence Act
of 1986;
(2) whether the person has a history of domestic
violence, as defined in the Illinois Domestic Violence Act,
or a history of other criminal acts;
(3) based on the mental health of the person;
(4) whether the person has a history of violating the
orders of any court or governmental entity;
(5) whether the person has been, or is, potentially a
threat to any other person;
(6) whether the person has access to deadly weapons or
a history of using deadly weapons;
(7) whether the person has a history of abusing alcohol
or any controlled substance;
(8) based on the severity of the alleged incident that
is the basis of the alleged offense, including, but not
limited to, the duration of the current incident, and
whether the alleged incident involved the use of a weapon,
physical injury, sexual assault, strangulation, abuse
during the alleged victim's pregnancy, abuse of pets, or
forcible entry to gain access to the alleged victim;
(9) whether a separation of the person from the victim

10100SB1968ham001 - 352 - LRB101 08002 RLC 74920 a
of abuse alleged victim or a termination of the
relationship between the person and the victim of abuse
alleged victim has recently occurred or is pending;
(10) whether the person has exhibited obsessive or
controlling behaviors toward the victim of abuse alleged
victim, including, but not limited to, stalking,
surveillance, or isolation of the victim of abuse alleged
victim or victim's family member or members;
(11) whether the person has expressed suicidal or
homicidal ideations;
(11.5) any other factors deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive or assaultive behavior, or
lack of that behavior
(12) based on any information contained in the
complaint and any police reports, affidavits, or other
documents accompanying the complaint,
the court may, in its discretion, order the respondent to
undergo a risk assessment evaluation using a recognized,
evidence-based instrument conducted by an Illinois Department
of Human Services approved partner abuse intervention program
provider, pretrial service, probation, or parole agency. These
agencies shall have access to summaries of the defendant's
criminal history, which shall not include victim interviews or
information, for the risk evaluation. Based on the information
collected from the 12 points to be considered at a bail hearing

10100SB1968ham001 - 353 - LRB101 08002 RLC 74920 a
under this subsection (f), the results of any risk evaluation
conducted and the other circumstances of the violation, the
court may order that the person, as a condition of bail, be
placed under electronic surveillance as provided in Section
5-8A-7 of the Unified Code of Corrections. Upon making a
determination whether or not to order the respondent to undergo
a risk assessment evaluation or to be placed under electronic
surveillance and risk assessment, the court shall document in
the record the court's reasons for making those determinations.
The cost of the electronic surveillance and risk assessment
shall be paid by, or on behalf, of the defendant. As used in
this subsection (f), "intimate partner" means a spouse or a
current or former partner in a cohabitation or dating
relationship.
(c) In cases of stalking or aggravated stalking under
Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
court may consider the following additional factors:
(1) Any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of that behavior. The evidence may
include testimony or documents received in juvenile
proceedings, criminal, quasi-criminal, civil commitment,
domestic relations or other proceedings;
(2) Any evidence of the defendant's psychological,
psychiatric or other similar social history that tends to
indicate a violent, abusive, or assaultive nature, or lack

10100SB1968ham001 - 354 - LRB101 08002 RLC 74920 a
of any such history.
(3) The nature of the threat which is the basis of the
charge against the defendant;
(4) Any statements made by, or attributed to the
defendant, together with the circumstances surrounding
them;
(5) The age and physical condition of any person
allegedly assaulted by the defendant;
(6) Whether the defendant is known to possess or have
access to any weapon or weapons;
(7) Any other factors deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive or assaultive behavior, or
lack of that behavior.
(d) The Court may use a regularly validated risk assessment
tool to aid it determination of appropriate conditions of
release as provided for in Section 110-6.4. Risk assessment
tools may not be used as the sole basis to deny pretrial
release. If a risk assessment tool is used, the defendant's
counsel shall be provided with the information and scoring
system of the risk assessment tool used to arrive at the
determination. The defendant retains the right to challenge the
validity of a risk assessment tool used by the court and to
present evidence relevant to the defendant's challenge.
(e) If a person remains in pretrial detention after his or
her pretrial conditions hearing after having been ordered

10100SB1968ham001 - 355 - LRB101 08002 RLC 74920 a
released with pretrial conditions, the court shall hold a
hearing to determine the reason for continued detention. If the
reason for continued detention is due to the unavailability or
the defendant's ineligibility for one or more pretrial
conditions previously ordered by the court or directed by a
pretrial services agency, the court shall reopen the conditions
of release hearing to determine what available pretrial
conditions exist that will reasonably assure the appearance of
a defendant as required or the safety of any other person and
the likelihood of compliance by the defendant with all the
conditions of pretrial release. The inability of Defendant to
pay for a condition of release or any other ineligibility for a
condition of pretrial release shall not be used as a
justification for the pretrial detention of that Defendant.
(f) Prior to the defendant's first appearance, the Court
shall appoint the public defender or a licensed attorney at law
of this State to represent the Defendant for purposes of that
hearing, unless the defendant has obtained licensed counsel for
themselves.
(g) Electronic monitoring, GPS monitoring, or home
confinement can only be imposed condition of pretrial release
if a no less restrictive condition of release or combination of
less restrictive condition of release would reasonably ensure
the appearance of the defendant for later hearings or protect
an identifiable person or persons from imminent threat of
serious physical harm.

10100SB1968ham001 - 356 - LRB101 08002 RLC 74920 a
(h) If the court imposes electronic monitoring, GPS
monitoring, or home confinement the court shall set forth in
the record the basis for its finding. A defendant shall be
given custodial credit for each day he or she was subjected to
that program, at the same rate described in subsection (b) of
Section 5-4.5-100 of the unified code of correction.
(i) If electronic monitoring, GPS monitoring, or home
confinement is imposed, the court shall determine every 60 days
if no less restrictive condition of release or combination of
less restrictive conditions of release would reasonably ensure
the appearance, or continued appearance, of the defendant for
later hearings or protect an identifiable person or persons
from imminent threat of serious physical harm. If the court
finds that there are less restrictive conditions of release,
the court shall order that the condition be removed.
(j) Crime Victims shall be given notice by the State's
Attorney's office of this hearing as required in paragraph (1)
of subsection (b) of Section 4.5 of the Rights of Crime Victims
and Witnesses Act and shall be informed of their opportunity at
this hearing to obtain an order of protection under Article
112A of this Code.
(Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18; revised
7-12-19.)
(725 ILCS 5/110-5.2)
Sec. 110-5.2. Pretrial release Bail; pregnant pre-trial

10100SB1968ham001 - 357 - LRB101 08002 RLC 74920 a
detainee.
(a) It is the policy of this State that a pre-trial
detainee shall not be required to deliver a child while in
custody absent a finding by the court that continued pre-trial
custody is necessary to protect the public or the victim of the
offense on which the charge is based.
(b) If the court reasonably believes that a pre-trial
detainee will give birth while in custody, the court shall
order an alternative to custody unless, after a hearing, the
court determines:
(1) that the release of the pregnant pre-trial detainee
would pose a real and present threat to the physical safety
of the alleged victim of the offense and continuing custody
is necessary to prevent the fulfillment of the threat upon
which the charge is based; or
(2) that the release of the pregnant pre-trial detainee
would pose a real and present threat to the physical safety
of any person or persons or the general public.
(c) The court may order a pregnant or post-partum detainee
to be subject to electronic monitoring as a condition of
pre-trial release or order other condition or combination of
conditions the court reasonably determines are in the best
interest of the detainee and the public.
(d) This Section shall be applicable to a pregnant
pre-trial detainee in custody on or after the effective date of
this amendatory Act of the 100th General Assembly.

10100SB1968ham001 - 358 - LRB101 08002 RLC 74920 a
(Source: P.A. 100-630, eff. 1-1-19.)
(725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
Sec. 110-6. Revocation of pretrial release, modification
of conditions of pretrial release, and sanctions for violations
of conditions of pretrial release Modification of bail or
conditions.
(a) When a defendant is granted pretrial release under this
section, that pretrial release may be revoked only under the
following conditions:
(1) if the defendant is charged with a detainable
felony as defined in 110-6.1, a defendant may be detained
after the State files a verified petition for such a
hearing, and gives the defendant notice as prescribed in
110-6.1; or
(2) in accordance with subsection (b) of this section.
(b) Revocation due to a new criminal charge: If an
individual, while on pretrial release for a Felony or Class A
misdemeanor under this Section, is charged with a new felony or
Class A misdemeanor under the Criminal Code of 2012, the court
may, on its own motion or motion of the state, begin
proceedings to revoke the individual's' pretrial release.
(1) When the defendant is charged with a felony or
class A misdemeanor offense and while free on pretrial
release bail is charged with a subsequent felony or class A
misdemeanor offense that is alleged to have occurred during

10100SB1968ham001 - 359 - LRB101 08002 RLC 74920 a
the defendant's pretrial release, the state may file a
verified petition for revocation of pretrial release.
(2) When a defendant on pretrial release is charged
with a violation of an order of protection issued under
Section 112A-14 of this Code, or Section 214 of the
Illinois Domestic Violence Act of 1986 or previously was
convicted of a violation of an order of protection under
Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
Criminal Code of 2012, and the subject of the order of
protection is the same person as the victim in the
underlying matter, the state shall file a verified petition
for revocation of pretrial release.
(3) Upon the filing of this petition, the court shall
order the transfer of the defendant and the application to
the court before which the previous felony matter is
pending. The defendant shall be held without bond pending
transfer to and a hearing before such court. The defendant
shall be transferred to the court before which the previous
matter is pending without unnecessary delay. In no event
shall the time between the filing of the state's petition
for revocation and the defendant's appearance before the
court before which the previous matter is pending exceed 72
hours.
(4) The court before which the previous felony matter
is pending may revoke the defendant's pretrial release only
if it finds, after considering all relevant circumstances

10100SB1968ham001 - 360 - LRB101 08002 RLC 74920 a
including, but not limited to, the nature and seriousness
of the violation or criminal act alleged, by the court
finds clear and convincing evidence that no condition or
combination of conditions of release would reasonably
assure the appearance of the defendant for later hearings
or prevent the defendant from being charged with a
subsequent felony or class A misdemeanor.
(5) In lieu of revocation, the court may release the
defendant pre-trial, with or without modification of
conditions of pretrial release.
(6) If the case that caused the revocation is
dismissed, the defendant is found not guilty in the case
causing the revocation, or the defendant completes a
lawfully imposed sentence on the case causing the
revocation, the court shall, without unnecessary delay,
hold a hearing on conditions of release pursuant to section
110-5 and release the defendant with or without
modification of conditions of pretrial release.
(7) Both the state and the defense may appeal an order
revoking pretrial release or denying a petition for
revocation of release.
(c) Violations other than re-arrest for a felony or class A
misdemeanor. If a defendant:
(1) fails to appear in court as required by their
conditions of release;
(2) is charged with a class B or C misdemeanor, petty

10100SB1968ham001 - 361 - LRB101 08002 RLC 74920 a
offense, traffic offense, or ordinance violation that is
alleged to have occurred during the defendant's pretrial
release; or
(3) violates any other condition of release set by the
court,
the court shall follow the procedures set forth in Section
110-3 to ensure the defendant's appearance in court to address
the violation.
(d) When a defendant appears in court for a notice to show
cause hearing, or after being arrested on a warrant issued
because of a failure to appear at a notice to show cause
hearing, or after being arrested for an offense other than a
felony or class A misdemeanor, the state may file a verified
petition requesting a hearing for sanctions.
(e) During the hearing for sanctions, the defendant shall
be represented by counsel and have an opportunity to be heard
regarding the violation and evidence in mitigation. The court
shall only impose sanctions if it finds by clear and convincing
evidence that:
1. The defendant committed an act that violated a term
of their pretrial release;
2. The defendant had actual knowledge that their action
would violate a court order;
3. The violation of the court order was willful; and
4. The violation was not caused by a lack of access to
financial monetary resources.

10100SB1968ham001 - 362 - LRB101 08002 RLC 74920 a
(f) Sanctions: sanctions for violations of pretrial
release may include:
1. A verbal or written admonishment from the court;
2. Imprisonment in the county jail for a period not
exceeding 30 days;
3. A fine of not more than $200; or
4. A modification of the defendant's pretrial
conditions.
(g) Modification of Pretrial Conditions
(a) The court may, at any time, after motion by either
party or on its own motion, remove previously set
conditions of pretrial release, subject to the provisions
in section (e). The court may only add or increase
conditions of pretrial release at a hearing under this
Section, in a warrant issued under Section 110-3, or upon
motion from the state.
(b) Modification of conditions of release regarding
contact with victims or witnesses. The court shall not
remove a previously set condition of bond regulating
contact with a victim or witness in the case, unless the
subject of the condition has been given notice of the
hearing as required in paragraph (1) of subsection (b) of
Section 4.5 of the Rights of Crime Victims and Witnesses
Act. If the subject of the condition of release is not
present, the court shall follow the procedures of paragraph
(10) of subsection (c-1) of the Rights of Crime Victims and

10100SB1968ham001 - 363 - LRB101 08002 RLC 74920 a
Witnesses Act.
(h) Notice to Victims: Crime Victims shall be given notice
by the State's Attorney's office of all hearings in this
section as required in paragraph (1) of subsection (b) of
Section 4.5 of the Rights of Crime Victims and Witnesses Act
and shall be informed of their opportunity at these hearing to
obtain an order of protection under Article 112A of this Code.
Upon verified application by the State or the defendant or on
its own motion the court before which the proceeding is pending
may increase or reduce the amount of bail or may alter the
conditions of the bail bond or grant bail where it has been
previously revoked or denied. If bail has been previously
revoked pursuant to subsection (f) of this Section or if bail
has been denied to the defendant pursuant to subsection (e) of
Section 110-6.1 or subsection (e) of Section 110-6.3, the
defendant shall be required to present a verified application
setting forth in detail any new facts not known or obtainable
at the time of the previous revocation or denial of bail
proceedings. If the court grants bail where it has been
previously revoked or denied, the court shall state on the
record of the proceedings the findings of facts and conclusion
of law upon which such order is based.
(a-5) In addition to any other available motion or
procedure under this Code, a person in custody solely for a
Category B offense due to an inability to post monetary bail
shall be brought before the court at the next available court

10100SB1968ham001 - 364 - LRB101 08002 RLC 74920 a
date or 7 calendar days from the date bail was set, whichever
is earlier, for a rehearing on the amount or conditions of bail
or release pending further court proceedings. The court may
reconsider conditions of release for any other person whose
inability to post monetary bail is the sole reason for
continued incarceration, including a person in custody for a
Category A offense or a Category A offense and a Category B
offense. The court may deny the rehearing permitted under this
subsection (a-5) if the person has failed to appear as required
before the court and is incarcerated based on a warrant for
failure to appear on the same original criminal offense.
(b) Violation of the conditions of Section 110-10 of this
Code or any special conditions of bail as ordered by the court
shall constitute grounds for the court to increase the amount
of bail, or otherwise alter the conditions of bail, or, where
the alleged offense committed on bail is a forcible felony in
Illinois or a Class 2 or greater offense under the Illinois
Controlled Substances Act, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act, revoke
bail pursuant to the appropriate provisions of subsection (e)
of this Section.
(c) Reasonable notice of such application by the defendant
shall be given to the State.
(d) Reasonable notice of such application by the State
shall be given to the defendant, except as provided in
subsection (e).

10100SB1968ham001 - 365 - LRB101 08002 RLC 74920 a
(e) Upon verified application by the State stating facts or
circumstances constituting a violation or a threatened
violation of any of the conditions of the bail bond the court
may issue a warrant commanding any peace officer to bring the
defendant without unnecessary delay before the court for a
hearing on the matters set forth in the application. If the
actual court before which the proceeding is pending is absent
or otherwise unavailable another court may issue a warrant
pursuant to this Section. When the defendant is charged with a
felony offense and while free on bail is charged with a
subsequent felony offense and is the subject of a proceeding
set forth in Section 109-1 or 109-3 of this Code, upon the
filing of a verified petition by the State alleging a violation
of Section 110-10 (a) (4) of this Code, the court shall without
prior notice to the defendant, grant leave to file such
application and shall order the transfer of the defendant and
the application without unnecessary delay to the court before
which the previous felony matter is pending for a hearing as
provided in subsection (b) or this subsection of this Section.
The defendant shall be held without bond pending transfer to
and a hearing before such court. At the conclusion of the
hearing based on a violation of the conditions of Section
110-10 of this Code or any special conditions of bail as
ordered by the court the court may enter an order increasing
the amount of bail or alter the conditions of bail as deemed
appropriate.

10100SB1968ham001 - 366 - LRB101 08002 RLC 74920 a
(f) Where the alleged violation consists of the violation
of one or more felony statutes of any jurisdiction which would
be a forcible felony in Illinois or a Class 2 or greater
offense under the Illinois Controlled Substances Act, the
Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act and the defendant is on bail for the
alleged commission of a felony, or where the defendant is on
bail for a felony domestic battery (enhanced pursuant to
subsection (b) of Section 12-3.2 of the Criminal Code of 1961
or the Criminal Code of 2012), aggravated domestic battery,
aggravated battery, unlawful restraint, aggravated unlawful
restraint or domestic battery in violation of item (1) of
subsection (a) of Section 12-3.2 of the Criminal Code of 1961
or the Criminal Code of 2012 against a family or household
member as defined in Section 112A-3 of this Code and the
violation is an offense of domestic battery against the same
victim the court shall, on the motion of the State or its own
motion, revoke bail in accordance with the following
provisions:
(1) The court shall hold the defendant without bail
pending the hearing on the alleged breach; however, if the
defendant is not admitted to bail the hearing shall be
commenced within 10 days from the date the defendant is
taken into custody or the defendant may not be held any
longer without bail, unless delay is occasioned by the
defendant. Where defendant occasions the delay, the

10100SB1968ham001 - 367 - LRB101 08002 RLC 74920 a
running of the 10 day period is temporarily suspended and
resumes at the termination of the period of delay. Where
defendant occasions the delay with 5 or fewer days
remaining in the 10 day period, the court may grant a
period of up to 5 additional days to the State for good
cause shown. The State, however, shall retain the right to
proceed to hearing on the alleged violation at any time,
upon reasonable notice to the defendant and the court.
(2) At a hearing on the alleged violation the State has
the burden of going forward and proving the violation by
clear and convincing evidence. The evidence shall be
presented in open court with the opportunity to testify, to
present witnesses in his behalf, and to cross-examine
witnesses if any are called by the State, and
representation by counsel and if the defendant is indigent
to have counsel appointed for him. The rules of evidence
applicable in criminal trials in this State shall not
govern the admissibility of evidence at such hearing.
Information used by the court in its findings or stated in
or offered in connection with hearings for increase or
revocation of bail may be by way of proffer based upon
reliable information offered by the State or defendant. All
evidence shall be admissible if it is relevant and reliable
regardless of whether it would be admissible under the
rules of evidence applicable at criminal trials. A motion
by the defendant to suppress evidence or to suppress a

10100SB1968ham001 - 368 - LRB101 08002 RLC 74920 a
confession shall not be entertained at such a hearing.
Evidence that proof may have been obtained as a result of
an unlawful search and seizure or through improper
interrogation is not relevant to this hearing.
(3) Upon a finding by the court that the State has
established by clear and convincing evidence that the
defendant has committed a forcible felony or a Class 2 or
greater offense under the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine
Control and Community Protection Act while admitted to
bail, or where the defendant is on bail for a felony
domestic battery (enhanced pursuant to subsection (b) of
Section 12-3.2 of the Criminal Code of 1961 or the Criminal
Code of 2012), aggravated domestic battery, aggravated
battery, unlawful restraint, aggravated unlawful restraint
or domestic battery in violation of item (1) of subsection
(a) of Section 12-3.2 of the Criminal Code of 1961 or the
Criminal Code of 2012 against a family or household member
as defined in Section 112A-3 of this Code and the violation
is an offense of domestic battery, against the same victim,
the court shall revoke the bail of the defendant and hold
the defendant for trial without bail. Neither the finding
of the court nor any transcript or other record of the
hearing shall be admissible in the State's case in chief,
but shall be admissible for impeachment, or as provided in
Section 115-10.1 of this Code or in a perjury proceeding.

10100SB1968ham001 - 369 - LRB101 08002 RLC 74920 a
(4) If the bail of any defendant is revoked pursuant to
paragraph (f) (3) of this Section, the defendant may demand
and shall be entitled to be brought to trial on the offense
with respect to which he was formerly released on bail
within 90 days after the date on which his bail was
revoked. If the defendant is not brought to trial within
the 90 day period required by the preceding sentence, he
shall not be held longer without bail. In computing the 90
day period, the court shall omit any period of delay
resulting from a continuance granted at the request of the
defendant.
(5) If the defendant either is arrested on a warrant
issued pursuant to this Code or is arrested for an
unrelated offense and it is subsequently discovered that
the defendant is a subject of another warrant or warrants
issued pursuant to this Code, the defendant shall be
transferred promptly to the court which issued such
warrant. If, however, the defendant appears initially
before a court other than the court which issued such
warrant, the non-issuing court shall not alter the amount
of bail set on such warrant unless the court sets forth on
the record of proceedings the conclusions of law and facts
which are the basis for such altering of another court's
bond. The non-issuing court shall not alter another courts
bail set on a warrant unless the interests of justice and
public safety are served by such action.

10100SB1968ham001 - 370 - LRB101 08002 RLC 74920 a
(g) The State may appeal any order where the court has
increased or reduced the amount of bail or altered the
conditions of the bail bond or granted bail where it has
previously been revoked.
(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
(725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
Sec. 110-6.1. Denial of pretrial release bail in
non-probationable felony offenses.
(a) Upon verified petition by the State, the court shall
hold a hearing and may deny to determine whether bail should be
denied to a defendant pretrial release only if:
(1) the defendant who is charged with a forcible felony
offense for which a sentence of imprisonment, without
probation, periodic imprisonment or conditional discharge,
is required by law upon conviction, and when it is alleged
that the defendant's pretrial release poses a specific,
real and present threat to any person or the community.
admission to bail poses a real and present threat to the
physical safety of any person or persons ; .
(2) the defendant is charged with stalking or
aggravated stalking and it is alleged that the defendant's
pre-trial release poses a real and present threat to the
physical safety of a victim of the alleged offense, and
denial of release is necessary to prevent fulfillment of
the threat upon which the charge is based;

10100SB1968ham001 - 371 - LRB101 08002 RLC 74920 a
(3) the victim of abuse was a family or household
member as defined by paragraph (6) of Section 103 of the
Illinois Domestic Violence Act of 1986, and the person
charged, at the time of the alleged offense, was subject to
the terms of an order of protection issued under Section
112A-14 of this Code, or Section 214 of the Illinois
Domestic Violence Act of 1986 or previously was convicted
of a violation of an order of protection under Section
12-3.4 or 12-30 of the Criminal Code of 1961 or the
Criminal Code of 2012 or a violent crime if the victim was
a family or household member as defined by paragraph (6) of
the Illinois Domestic Violence Act of 1986 at the time of
the offense or a violation of a substantially similar
municipal ordinance or law of this or any other state or
the United States if the victim was a family or household
member as defined by paragraph (6) of Section 103 of the
Illinois Domestic Violence Act of 1986 at the time of the
offense, and it is alleged that the defendant's pre-trial
release poses a real and present threat to the physical
safety of any person or persons;
(4) the defendant is charged with domestic battery or
aggravated domestic battery under Section 12-3.2 or 12-3.3
of the Criminal Code of 2012 and it is alleged that the
defendant's pretrial release poses a real and present
threat to the physical safety of any person or persons;
(5) the defendant is charged with any offense under

10100SB1968ham001 - 372 - LRB101 08002 RLC 74920 a
Article 11 of the Criminal Code of 2012, except for
Sections 11-30, 11-35, 11-40, and 11-45 of the Criminal
Code of 2012, or similar provisions of the Criminal Code of
1961 and it is alleged that the defendant's pretrial
release poses a real and present threat to the physical
safety of any person or persons;
(6) the defendant is charged with any of these
violations under the Criminal Code of 2012 and it is
alleged that the defendant's pretrial releases poses a real
and present threat to the physical safety of any
specifically identifiable person or persons.
(A) Section 24-1.2 (aggravated discharge of a
firearm);
(B) Section 24-2.5 (aggravated discharge of a
machine gun or a firearm equipped with a device
designed or use for silencing the report of a firearm);
(C) Section 24-1.5 (reckless discharge of a
firearm);
(D) Section 24-1.7 (armed habitual criminal);
(E) Section 24-2.2 2 (manufacture, sale or
transfer of bullets or shells represented to be armor
piercing bullets, dragon's breath shotgun shells, bolo
shells or flechette shells);
(F) Section 24-3 (unlawful sale or delivery of
firearms);
(G) Section 24-3.3 (unlawful sale or delivery of

10100SB1968ham001 - 373 - LRB101 08002 RLC 74920 a
firearms on the premises of any school);
(H) Section 24-34 (unlawful sale of firearms by
liquor license);
(I) Section 24-3.5 {unlawful purchase of a
firearm);
(J) Section 24-3A (gunrunning); or
(K) Section on 24-3B (firearms trafficking );
(L) Section 10-9 (b) (involuntary servitude);
(M) Section 10-9 (c) (involuntary sexual servitude
of a minor);
(N) Section 10-9(d) (trafficking in persons);
(O) Non-probationable violations: (i) (unlawful
use or possession of weapons by felons or persons in
the Custody of the Department of Corrections
facilities (Section 24-1.1), (ii) aggravated unlawful
use of a weapon (Section 24-1.6, or (iii) aggravated
possession of a stolen firearm (Section 24-3.9);
(7) the person has a high likelihood of willful flight
to avoid prosecution and is charged with:
(A) Any felony described in Sections (a)(1)
through (a)(5) of this Section; or
(B) A felony offense other than a Class 4 offense.
(b) If the charged offense is a felony, the Court shall
hold a hearing pursuant to 109-3 of this Code to
determine whether there is probable cause the
defendant has committed an offense, unless a grand jury

10100SB1968ham001 - 374 - LRB101 08002 RLC 74920 a
has returned a true bill of indictment against the
defendant. If there is a finding of no probable cause,
the defendant shall be released. No such finding is
necessary if the defendant is charged with a
misdemeanor.
(c) Timing of petition.
(1) A petition may be filed without prior notice to the
defendant at the first appearance before a judge, or within
the 21 calendar days, except as provided in Section 110-6,
after arrest and release of the defendant upon reasonable
notice to defendant; provided that while such petition is
pending before the court, the defendant if previously
released shall not be detained.
(2) (2) Upon filing, the court shall immediately hold a
hearing on the petition unless a continuance is requested.
If a continuance is requested, the hearing shall be held
within 48 hours of the defendant's first appearance if the
defendant is charged with a Class X, Class 1, Class 2, or
Class 3 felony, and within 24 hours if the defendant is
charged with a Class 4 or misdemeanor offense. The Court
may deny and or grant the request for continuance. If the
court decides to grant the continuance, the Court retains
the discretion to detain or release the defendant in the
time between the filing of the petition and the hearing.
(d) Contents of petition.
(1) The petition shall be verified by the State and

10100SB1968ham001 - 375 - LRB101 08002 RLC 74920 a
shall state the grounds upon which it contends the
defendant should be denied pretrial release, including the
identity of the specific person or persons the State
believes the defendant poses a danger to.
(2) Only one petition may be filed under this Section.
(e) Eligibility: All defendants shall be presumed eligible
for pretrial release, and the State shall bear the burden of
proving by clear and convincing evidence that: The hearing
shall be held immediately upon the defendant's appearance
before the court, unless for good cause shown the defendant or
the State seeks a continuance. A continuance on motion of the
defendant may not exceed 5 calendar days, and a continuance on
the motion of the State may not exceed 3 calendar days. The
defendant may be held in custody during such continuance.
(b) The court may deny bail to the defendant where, after
the hearing, it is determined that:
(1) the proof is evident or the presumption great that
the defendant has committed an offense listed in paragraphs
(1) through (6) of subsection (a) for which a sentence of
imprisonment, without probation, periodic imprisonment or
conditional discharge, must be imposed by law as a
consequence of conviction, and
(2) the defendant poses a real and present threat to
the physical safety of a specific, identifiable any person
or persons, by conduct which may include, but is not
limited to, a forcible felony, the obstruction of justice,

10100SB1968ham001 - 376 - LRB101 08002 RLC 74920 a
intimidation, injury, or abuse as defined by paragraph (1)
of Section 103 of the Illinois Domestic Violence Act of
1986 physical harm, an offense under the Illinois
Controlled Substances Act which is a Class X felony, or an
offense under the Methamphetamine Control and Community
Protection Act which is a Class X felony, and
(3) the court finds that no condition or combination of
conditions set forth in subsection (b) of Section 110-10 of
this Article can mitigate the real and present threat to
the safety of any , can reasonably assure the physical
safety of any other person or persons or the defendant's
willful flight.
(f) (c) Conduct of the hearings.
(1) Prior to the hearing the State shall tender to the
defendant copies of defendant's criminal history
available, any written or recorded statements, and the
substance of any oral statements made by any person, if
relied upon by the State in its petition, and any police
reports in the State's Attorney's possession at the time of
the hearing that are required to be disclosed to the
defense under Illinois Supreme Court rules. The hearing on
the defendant's culpability and dangerousness shall be
conducted in accordance with the following provisions:
(2) The State or defendant may present evidence at the
hearing (A) Information used by the court in its findings
or stated in or offered at such hearing may be by way of

10100SB1968ham001 - 377 - LRB101 08002 RLC 74920 a
proffer based upon reliable information offered by the
State or by defendant.
(3) The defendant Defendant has the right to be
represented by counsel, and if he or she is indigent, to
have counsel appointed for him or her. The defendant .
Defendant shall have the opportunity to testify, to present
witnesses on in his or her own behalf, and to cross-examine
any witnesses that if any are called by the State.
(4) If the defense seeks to call the complaining
witness as a witness in its favor, it shall petition the
court for permission. The defendant has the right to
present witnesses in his favor. When the ends of justice so
require, the court may exercise exercises its discretion
and compel the appearance of a complaining witness. The
court shall state on the record reasons for granting a
defense request to compel the presence of a complaining
witness. In making a determination under this section, the
court shall state on the record the reason for granting a
defense request to compel the presence of a complaining
witness, and only grant the request if the court finds by
clear and convincing evidence that the defendant will be
materially prejudiced if the complaining witness does not
appear. Cross-examination of a complaining witness at the
pretrial detention hearing for the purpose of impeaching
the witness' credibility is insufficient reason to compel
the presence of the witness. In deciding whether to compel

10100SB1968ham001 - 378 - LRB101 08002 RLC 74920 a
the appearance of a complaining witness, the court shall be
considerate of the emotional and physical well-being of the
witness. The pre-trial detention hearing is not to be used
for purposes of discovery, and the post arraignment rules
of discovery do not apply. The State shall tender to the
defendant, prior to the hearing, copies of defendant's
criminal history, if any, if available, and any written or
recorded statements and the substance of any oral
statements made by any person, if relied upon by the State
in its petition.
(5) The rules concerning the admissibility of evidence
in criminal trials do not apply to the presentation and
consideration of information at the hearing. At the trial
concerning the offense for which the hearing was conducted
neither the finding of the court nor any transcript or
other record of the hearing shall be admissible in the
State's case in chief, but shall be admissible for
impeachment, or as provided in Section 115-10.1 of this
Code, or in a perjury proceeding.
(6) The (B) A motion by the defendant may not move to
suppress evidence or to suppress a confession, however,
evidence shall not be entertained. Evidence that proof of
the charged crime may have been obtained as the result of
an unlawful search or and seizure, or both, or through
improper interrogation, is not relevant in assessing the
weight of the evidence against the defendant to this state

10100SB1968ham001 - 379 - LRB101 08002 RLC 74920 a
of the prosecution.
(7) Decisions regarding release, conditions of release
and detention prior trial should be individualized, and no
single factor or standard should be used exclusively to
make a condition or detention decision.
(2) The facts relied upon by the court to support a
finding that the defendant poses a real and present threat
to the physical safety of any person or persons shall be
supported by clear and convincing evidence presented by the
State.
(g) (d) Factors to be considered in making a determination
of dangerousness. The court may, in determining whether the
defendant poses a specific, imminent real and present threat of
serious to the physical harm to an identifiable safety of any
person or persons, consider but shall not be limited to
evidence or testimony concerning:
(1) The nature and circumstances of any offense
charged, including whether the offense is a crime of
violence, involving a weapon, or a sex offense.
(2) The history and characteristics of the defendant
including:
(A) Any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of such behavior. Such evidence may
include testimony or documents received in juvenile
proceedings, criminal, quasi-criminal, civil

10100SB1968ham001 - 380 - LRB101 08002 RLC 74920 a
commitment, domestic relations or other proceedings.
(B) Any evidence of the defendant's psychological,
psychiatric or other similar social history which
tends to indicate a violent, abusive, or assaultive
nature, or lack of any such history.
(3) The identity of any person or persons to whose
safety the defendant is believed to pose a threat, and the
nature of the threat;
(4) Any statements made by, or attributed to the
defendant, together with the circumstances surrounding
them;
(5) The age and physical condition of any person
assaulted by the defendant;
(6) The age and physical condition of any victim or
complaining witness;
(7) Whether the defendant is known to possess or have
access to any weapon or weapons;
(8) (7) Whether, at the time of the current offense or
any other offense or arrest, the defendant was on
probation, parole, aftercare release, mandatory supervised
release or other release from custody pending trial,
sentencing, appeal or completion of sentence for an offense
under federal or state law;
(9) (8) Any other factors, including those listed in
Section 110-5 of this Article deemed by the court to have a
reasonable bearing upon the defendant's propensity or

10100SB1968ham001 - 381 - LRB101 08002 RLC 74920 a
reputation for violent, abusive or assaultive behavior, or
lack of such behavior.
(h) (e) Detention order. The court shall, in any order for
detention:
(1) briefly summarize the evidence of the defendant's
guilt or innocence, culpability and the court's its reasons
for concluding that the defendant should be denied pretrial
release held without bail;
(2) direct that the defendant be committed to the
custody of the sheriff for confinement in the county jail
pending trial;
(3) direct that the defendant be given a reasonable
opportunity for private consultation with counsel, and for
communication with others of his or her choice by
visitation, mail and telephone; and
(4) direct that the sheriff deliver the defendant as
required for appearances in connection with court
proceedings.
(i) Detention. (f) If the court enters an order for the
detention of the defendant pursuant to subsection (e) of this
Section, the defendant shall be brought to trial on the offense
for which he is detained within 90 days after the date on which
the order for detention was entered. If the defendant is not
brought to trial within the 90 day period required by the
preceding sentence, he shall not be denied pretrial release
held longer without bail. In computing the 90 day period, the

10100SB1968ham001 - 382 - LRB101 08002 RLC 74920 a
court shall omit any period of delay resulting from a
continuance granted at the request of the defendant.
(j) (g) Rights of the defendant. Any person shall be
entitled to appeal any order entered under this Section denying
pretrial release bail to the defendant.
(k) Appeal. (h) The State may appeal any order entered
under this Section denying any motion for denial of pretrial
release bail.
(l) Presumption of innocence. (i) Nothing in this Section
shall be construed as modifying or limiting in any way the
defendant's presumption of innocence in further criminal
proceedings.
(m) Victim notice.
(1) Crime Victims shall be given notice by the State's
Attorney's office of this hearing as required in paragraph
(1) of subsection (b) of Section 4.5 of the Rights of Crime
Victims and Witnesses Act and shall be informed of their
opportunity at this hearing to obtain an order of
protection under Article 112A of this Code.
(Source: P.A. 98-558, eff. 1-1-14.)
(725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2)
Sec. 110-6.2. Post-conviction Detention.
(a) The court may order that a person who has been found
guilty of an offense and who is waiting imposition or execution
of sentence be held without release bond unless the court finds

10100SB1968ham001 - 383 - LRB101 08002 RLC 74920 a
by clear and convincing evidence that the person is not likely
to flee or pose a danger to any other person or the community
if released under Sections 110-5 and 110-10 of this Act.
(b) The court may order that person who has been found
guilty of an offense and sentenced to a term of imprisonment be
held without release bond unless the court finds by clear and
convincing evidence that:
(1) the person is not likely to flee or pose a danger
to the safety of any other person or the community if
released on bond pending appeal; and
(2) that the appeal is not for purpose of delay and
raises a substantial question of law or fact likely to
result in reversal or an order for a new trial.
(Source: P.A. 96-1200, eff. 7-22-10.)
(725 ILCS 5/110-6.4)
Sec. 110-6.4. Statewide risk-assessment tool. The Supreme
Court may establish a statewide risk-assessment tool to be used
in proceedings to assist the court in establishing conditions
of pretrial release bail for a defendant by assessing the
defendant's likelihood of appearing at future court
proceedings or determining if the defendant poses a real and
present threat to the physical safety of any person or persons.
The Supreme Court shall consider establishing a
risk-assessment tool that does not discriminate on the basis of
race, gender, educational level, socio-economic status, or

10100SB1968ham001 - 384 - LRB101 08002 RLC 74920 a
neighborhood. If a risk-assessment tool is utilized within a
circuit that does not require a personal interview to be
completed, the Chief Judge of the circuit or the director of
the pretrial services agency may exempt the requirement under
Section 9 and subsection (a) of Section 7 of the Pretrial
Services Act.
For the purpose of this Section, "risk-assessment tool"
means an empirically validated, evidence-based screening
instrument that demonstrates reduced instances of a
defendant's failure to appear for further court proceedings or
prevents future criminal activity.
(Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18.)
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
Sec. 110-10. Conditions of pretrial release bail bond.
(a) If a person is released prior to conviction, either
upon payment of bail security or on his or her own
recognizance, the conditions of pretrial release the bail bond
shall be that he or she will:
(1) Appear to answer the charge in the court having
jurisdiction on a day certain and thereafter as ordered by
the court until discharged or final order of the court;
(2) Submit himself or herself to the orders and process
of the court;
(3) (Blank); Not depart this State without leave of the
court;

10100SB1968ham001 - 385 - LRB101 08002 RLC 74920 a
(4) Not violate any criminal statute of any
jurisdiction;
(5) At a time and place designated by the court,
surrender all firearms in his or her possession to a law
enforcement officer designated by the court to take custody
of and impound the firearms and physically surrender his or
her Firearm Owner's Identification Card to the clerk of the
circuit court when the offense the person has been charged
with is a forcible felony, stalking, aggravated stalking,
domestic battery, any violation of the Illinois Controlled
Substances Act, the Methamphetamine Control and Community
Protection Act, or the Cannabis Control Act that is
classified as a Class 2 or greater felony, or any felony
violation of Article 24 of the Criminal Code of 1961 or the
Criminal Code of 2012; the court may, however, forgo the
imposition of this condition when the circumstances of the
case clearly do not warrant it or when its imposition would
be impractical; if the Firearm Owner's Identification Card
is confiscated, the clerk of the circuit court shall mail
the confiscated card to the Illinois State Police; all
legally possessed firearms shall be returned to the person
upon the charges being dismissed, or if the person is found
not guilty, unless the finding of not guilty is by reason
of insanity; and
(6) At a time and place designated by the court, submit
to a psychological evaluation when the person has been

10100SB1968ham001 - 386 - LRB101 08002 RLC 74920 a
charged with a violation of item (4) of subsection (a) of
Section 24-1 of the Criminal Code of 1961 or the Criminal
Code of 2012 and that violation occurred in a school or in
any conveyance owned, leased, or contracted by a school to
transport students to or from school or a school-related
activity, or on any public way within 1,000 feet of real
property comprising any school.
Psychological evaluations ordered pursuant to this Section
shall be completed promptly and made available to the State,
the defendant, and the court. As a further condition of
pretrial release bail under these circumstances, the court
shall order the defendant to refrain from entering upon the
property of the school, including any conveyance owned, leased,
or contracted by a school to transport students to or from
school or a school-related activity, or on any public way
within 1,000 feet of real property comprising any school. Upon
receipt of the psychological evaluation, either the State or
the defendant may request a change in the conditions of
pretrial release bail, pursuant to Section 110-6 of this Code.
The court may change the conditions of pretrial release bail to
include a requirement that the defendant follow the
recommendations of the psychological evaluation, including
undergoing psychiatric treatment. The conclusions of the
psychological evaluation and any statements elicited from the
defendant during its administration are not admissible as
evidence of guilt during the course of any trial on the charged

10100SB1968ham001 - 387 - LRB101 08002 RLC 74920 a
offense, unless the defendant places his or her mental
competency in issue.
(b) The court may impose other conditions, such as the
following, if the court finds that such conditions are
reasonably necessary to assure the defendant's appearance in
court, protect the public from the defendant, or prevent the
defendant's unlawful interference with the orderly
administration of justice:
(0.05) Not depart this State without leave of the
court;
(1) Report to or appear in person before such person or
agency as the court may direct;
(2) Refrain from possessing a firearm or other
dangerous weapon;
(3) Refrain from approaching or communicating with
particular persons or classes of persons;
(4) Refrain from going to certain described
geographical areas or premises;
(5) Refrain from engaging in certain activities or
indulging in intoxicating liquors or in certain drugs;
(6) Undergo treatment for drug addiction or
alcoholism;
(7) Undergo medical or psychiatric treatment;
(8) Work or pursue a course of study or vocational
training;
(9) Attend or reside in a facility designated by the

10100SB1968ham001 - 388 - LRB101 08002 RLC 74920 a
court;
(10) Support his or her dependents;
(11) If a minor resides with his or her parents or in a
foster home, attend school, attend a non-residential
program for youths, and contribute to his or her own
support at home or in a foster home;
(12) Observe any curfew ordered by the court;
(13) Remain in the custody of such designated person or
organization agreeing to supervise his release. Such third
party custodian shall be responsible for notifying the
court if the defendant fails to observe the conditions of
release which the custodian has agreed to monitor, and
shall be subject to contempt of court for failure so to
notify the court;
(14) Be placed under direct supervision of the Pretrial
Services Agency, Probation Department or Court Services
Department in a pretrial bond home supervision capacity
with or without the use of an approved electronic
monitoring device subject to Article 8A of Chapter V of the
Unified Code of Corrections;
(14.1) The court may shall impose upon a defendant who
is charged with any alcohol, cannabis, methamphetamine, or
controlled substance violation and is placed under direct
supervision of the Pretrial Services Agency, Probation
Department or Court Services Department in a pretrial bond
home supervision capacity with the use of an approved

10100SB1968ham001 - 389 - LRB101 08002 RLC 74920 a
monitoring device, as a condition of such pretrial
monitoring bail bond, a fee that represents costs
incidental to the electronic monitoring for each day of
such pretrial bail supervision ordered by the court, unless
after determining the inability of the defendant to pay the
fee, the court assesses a lesser fee or no fee as the case
may be. The fee shall be collected by the clerk of the
circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The clerk of
the circuit court shall pay all monies collected from this
fee to the county treasurer for deposit in the substance
abuse services fund under Section 5-1086.1 of the Counties
Code, except as provided in an administrative order of the
Chief Judge of the circuit court.
The Chief Judge of the circuit court of the county may
by administrative order establish a program for electronic
monitoring of offenders with regard to drug-related and
alcohol-related offenses, in which a vendor supplies and
monitors the operation of the electronic monitoring
device, and collects the fees on behalf of the county. The
program shall include provisions for indigent offenders
and the collection of unpaid fees. The program shall not
unduly burden the offender and shall be subject to review
by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or

10100SB1968ham001 - 390 - LRB101 08002 RLC 74920 a
damage to any device;
(14.2) The court may shall impose upon all defendants,
including those defendants subject to paragraph (14.1)
above, placed under direct supervision of the Pretrial
Services Agency, Probation Department or Court Services
Department in a pretrial bond home supervision capacity
with the use of an approved monitoring device, as a
condition of such release bail bond, a fee which shall
represent costs incidental to such electronic monitoring
for each day of such bail supervision ordered by the court,
unless after determining the inability of the defendant to
pay the fee, the court assesses a lesser fee or no fee as
the case may be. The fee shall be collected by the clerk of
the circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The clerk of
the circuit court shall pay all monies collected from this
fee to the county treasurer who shall use the monies
collected to defray the costs of corrections. The county
treasurer shall deposit the fee collected in the county
working cash fund under Section 6-27001 or Section 6-29002
of the Counties Code, as the case may be, except as
provided in an administrative order of the Chief Judge of
the circuit court.
The Chief Judge of the circuit court of the county may
by administrative order establish a program for electronic
monitoring of offenders with regard to drug-related and

10100SB1968ham001 - 391 - LRB101 08002 RLC 74920 a
alcohol-related offenses, in which a vendor supplies and
monitors the operation of the electronic monitoring
device, and collects the fees on behalf of the county. The
program shall include provisions for indigent offenders
and the collection of unpaid fees. The program shall not
unduly burden the offender and shall be subject to review
by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device;
(14.3) The Chief Judge of the Judicial Circuit may
establish reasonable fees to be paid by a person receiving
pretrial services while under supervision of a pretrial
services agency, probation department, or court services
department. Reasonable fees may be charged for pretrial
services including, but not limited to, pretrial
supervision, diversion programs, electronic monitoring,
victim impact services, drug and alcohol testing, DNA
testing, GPS electronic monitoring, assessments and
evaluations related to domestic violence and other
victims, and victim mediation services. The person
receiving pretrial services may be ordered to pay all costs
incidental to pretrial services in accordance with his or
her ability to pay those costs;
(14.4) For persons charged with violating Section
11-501 of the Illinois Vehicle Code, refrain from operating

10100SB1968ham001 - 392 - LRB101 08002 RLC 74920 a
a motor vehicle not equipped with an ignition interlock
device, as defined in Section 1-129.1 of the Illinois
Vehicle Code, pursuant to the rules promulgated by the
Secretary of State for the installation of ignition
interlock devices. Under this condition the court may allow
a defendant who is not self-employed to operate a vehicle
owned by the defendant's employer that is not equipped with
an ignition interlock device in the course and scope of the
defendant's employment;
(15) Comply with the terms and conditions of an order
of protection issued by the court under the Illinois
Domestic Violence Act of 1986 or an order of protection
issued by the court of another state, tribe, or United
States territory;
(16) (Blank); and Under Section 110-6.5 comply with the
conditions of the drug testing program; and
(17) Such other reasonable conditions as the court may
impose.
(c) When a person is charged with an offense under Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, involving a victim who is a minor under
18 years of age living in the same household with the defendant
at the time of the offense, in granting bail or releasing the
defendant on his own recognizance, the judge shall impose
conditions to restrict the defendant's access to the victim

10100SB1968ham001 - 393 - LRB101 08002 RLC 74920 a
which may include, but are not limited to conditions that he
will:
1. Vacate the household.
2. Make payment of temporary support to his dependents.
3. Refrain from contact or communication with the child
victim, except as ordered by the court.
(d) When a person is charged with a criminal offense and
the victim is a family or household member as defined in
Article 112A, conditions shall be imposed at the time of the
defendant's release on bond that restrict the defendant's
access to the victim. Unless provided otherwise by the court,
the restrictions shall include requirements that the defendant
do the following:
(1) refrain from contact or communication with the
victim for a minimum period of 72 hours following the
defendant's release; and
(2) refrain from entering or remaining at the victim's
residence for a minimum period of 72 hours following the
defendant's release.
(e) Local law enforcement agencies shall develop
standardized pretrial release bond forms for use in cases
involving family or household members as defined in Article
112A, including specific conditions of pretrial release bond as
provided in subsection (d). Failure of any law enforcement
department to develop or use those forms shall in no way limit
the applicability and enforcement of subsections (d) and (f).

10100SB1968ham001 - 394 - LRB101 08002 RLC 74920 a
(f) If the defendant is released admitted to bail after
conviction following appeal or other post-conviction
proceeding, the conditions of the pretrial release bail bond
shall be that he will, in addition to the conditions set forth
in subsections (a) and (b) hereof:
(1) Duly prosecute his appeal;
(2) Appear at such time and place as the court may
direct;
(3) Not depart this State without leave of the court;
(4) Comply with such other reasonable conditions as the
court may impose; and
(5) If the judgment is affirmed or the cause reversed
and remanded for a new trial, forthwith surrender to the
officer from whose custody he was released bailed.
(g) Upon a finding of guilty for any felony offense, the
defendant shall physically surrender, at a time and place
designated by the court, any and all firearms in his or her
possession and his or her Firearm Owner's Identification Card
as a condition of being released remaining on bond pending
sentencing.
(h) In the event the defendant is denied pretrial release
unable to post bond, the court may impose a no contact
provision with the victim or other interested party that shall
be enforced while the defendant remains in custody.
(Source: P.A. 101-138, eff. 1-1-20.)

10100SB1968ham001 - 395 - LRB101 08002 RLC 74920 a
(725 ILCS 5/110-11) (from Ch. 38, par. 110-11)
Sec. 110-11. Pretrial release Bail on a new trial. If the
judgment of conviction is reversed and the cause remanded for a
new trial the trial court may order that the conditions of
pretrial release bail stand pending such trial, or modify the
conditions of pretrial release reduce or increase bail.
(Source: Laws 1963, p. 2836.)
(725 ILCS 5/110-12) (from Ch. 38, par. 110-12)
Sec. 110-12. Notice of change of address.
A defendant who has been admitted to pretrial release bail
shall file a written notice with the clerk of the court before
which the proceeding is pending of any change in his or her
address within 24 hours after such change, except that a
defendant who has been admitted to pretrial release bail for a
forcible felony as defined in Section 2-8 of the Criminal Code
of 2012 shall file a written notice with the clerk of the court
before which the proceeding is pending and the clerk shall
immediately deliver a time stamped copy of the written notice
to the State's Attorney charged with the prosecution within 24
hours prior to such change. The address of a defendant who has
been admitted to pretrial release bail shall at all times
remain a matter of public record with the clerk of the court.
(Source: P.A. 97-1150, eff. 1-25-13.)
(725 ILCS 5/111-2) (from Ch. 38, par. 111-2)

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Sec. 111-2. Commencement of prosecutions.
(a) All prosecutions of felonies shall be by information or
by indictment. No prosecution may be pursued by information
unless a preliminary hearing has been held or waived in
accordance with Section 109-3 and at that hearing probable
cause to believe the defendant committed an offense was found,
and the provisions of Section 109-3.1 of this Code have been
complied with.
(b) All other prosecutions may be by indictment,
information or complaint.
(c) Upon the filing of an information or indictment in open
court charging the defendant with the commission of a sex
offense defined in any Section of Article 11 of the Criminal
Code of 1961 or the Criminal Code of 2012, and a minor as
defined in Section 1-3 of the Juvenile Court Act of 1987 is
alleged to be the victim of the commission of the acts of the
defendant in the commission of such offense, the court may
appoint a guardian ad litem for the minor as provided in
Section 2-17, 3-19, 4-16 or 5-610 of the Juvenile Court Act of
1987.
(d) Upon the filing of an information or indictment in open
court, the court shall immediately issue a warrant for the
arrest of each person charged with an offense directed to a
peace officer or some other person specifically named
commanding him to arrest such person.
(e) When the offense is eligible for pretrial release

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bailable, the judge shall endorse on the warrant the conditions
of pretrial release amount of bail required by the order of the
court, and if the court orders the process returnable
forthwith, the warrant shall require that the accused be
arrested and brought immediately into court.
(f) Where the prosecution of a felony is by information or
complaint after preliminary hearing, or after a waiver of
preliminary hearing in accordance with paragraph (a) of this
Section, such prosecution may be for all offenses, arising from
the same transaction or conduct of a defendant even though the
complaint or complaints filed at the preliminary hearing
charged only one or some of the offenses arising from that
transaction or conduct.
(Source: P.A. 97-1150, eff. 1-25-13.)
(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
Sec. 112A-23. Enforcement of protective orders.
(a) When violation is crime. A violation of any protective
order, whether issued in a civil, quasi-criminal proceeding,
shall be enforced by a criminal court when:
(1) The respondent commits the crime of violation of a
domestic violence order of protection pursuant to Section
12-3.4 or 12-30 of the Criminal Code of 1961 or the
Criminal Code of 2012, by having knowingly violated:
(i) remedies described in paragraphs (1), (2),
(3), (14), or (14.5) of subsection (b) of Section

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112A-14 of this Code,
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (2),
(3), (14), or (14.5) of subsection (b) of Section 214
of the Illinois Domestic Violence Act of 1986, in a
valid order of protection, which is authorized under
the laws of another state, tribe or United States
territory, or
(iii) or any other remedy when the act constitutes
a crime against the protected parties as defined by the
Criminal Code of 1961 or the Criminal Code of 2012.
Prosecution for a violation of a domestic violence
order of protection shall not bar concurrent prosecution
for any other crime, including any crime that may have been
committed at the time of the violation of the domestic
violence order of protection; or
(2) The respondent commits the crime of child abduction
pursuant to Section 10-5 of the Criminal Code of 1961 or
the Criminal Code of 2012, by having knowingly violated:
(i) remedies described in paragraphs (5), (6), or
(8) of subsection (b) of Section 112A-14 of this Code,
or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (5),
(6), or (8) of subsection (b) of Section 214 of the
Illinois Domestic Violence Act of 1986, in a valid

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domestic violence order of protection, which is
authorized under the laws of another state, tribe or
United States territory.
(3) The respondent commits the crime of violation of a
civil no contact order when the respondent violates Section
12-3.8 of the Criminal Code of 2012. Prosecution for a
violation of a civil no contact order shall not bar
concurrent prosecution for any other crime, including any
crime that may have been committed at the time of the
violation of the civil no contact order.
(4) The respondent commits the crime of violation of a
stalking no contact order when the respondent violates
Section 12-3.9 of the Criminal Code of 2012. Prosecution
for a violation of a stalking no contact order shall not
bar concurrent prosecution for any other crime, including
any crime that may have been committed at the time of the
violation of the stalking no contact order.
(b) When violation is contempt of court. A violation of any
valid protective order, whether issued in a civil or criminal
proceeding, may be enforced through civil or criminal contempt
procedures, as appropriate, by any court with jurisdiction,
regardless where the act or acts which violated the protective
order were committed, to the extent consistent with the venue
provisions of this Article. Nothing in this Article shall
preclude any Illinois court from enforcing any valid protective
order issued in another state. Illinois courts may enforce

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protective orders through both criminal prosecution and
contempt proceedings, unless the action which is second in time
is barred by collateral estoppel or the constitutional
prohibition against double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an immediate
danger that the respondent will flee the jurisdiction,
conceal a child, or inflict physical abuse on the
petitioner or minor children or on dependent adults in
petitioner's care, the court may order the attachment of
the respondent without prior service of the rule to show
cause or the petition for a rule to show cause. Bond shall
be set unless specifically denied in writing.
(2) A petition for a rule to show cause for violation
of a protective order shall be treated as an expedited
proceeding.
(c) Violation of custody, allocation of parental
responsibility, or support orders. A violation of remedies
described in paragraphs (5), (6), (8), or (9) of subsection (b)
of Section 112A-14 of this Code may be enforced by any remedy
provided by Section 607.5 of the Illinois Marriage and
Dissolution of Marriage Act. The court may enforce any order
for support issued under paragraph (12) of subsection (b) of
Section 112A-14 of this Code in the manner provided for under
Parts V and VII of the Illinois Marriage and Dissolution of
Marriage Act.

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(d) Actual knowledge. A protective order may be enforced
pursuant to this Section if the respondent violates the order
after respondent has actual knowledge of its contents as shown
through one of the following means:
(1) (Blank).
(2) (Blank).
(3) By service of a protective order under subsection
(f) of Section 112A-17.5 or Section 112A-22 of this Code.
(4) By other means demonstrating actual knowledge of
the contents of the order.
(e) The enforcement of a protective order in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order
entered under Section 112A-15 of this Code.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(f) Circumstances. The court, when determining whether or
not a violation of a protective order has occurred, shall not
require physical manifestations of abuse on the person of the
victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection (g), where the court finds the commission of a
crime or contempt of court under subsections (a) or (b) of
this Section, the penalty shall be the penalty that

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generally applies in such criminal or contempt
proceedings, and may include one or more of the following:
incarceration, payment of restitution, a fine, payment of
attorneys' fees and costs, or community service.
(2) The court shall hear and take into account evidence
of any factors in aggravation or mitigation before deciding
an appropriate penalty under paragraph (1) of this
subsection (g).
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any protective order over any penalty previously
imposed by any court for respondent's violation of any
protective order or penal statute involving petitioner
as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
protective order; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of a protective order
unless the court explicitly finds that an increased penalty
or that period of imprisonment would be manifestly unjust.
(4) In addition to any other penalties imposed for a
violation of a protective order, a criminal court may
consider evidence of any violations of a protective order:

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(i) to increase, revoke, or modify the conditions
of pretrial release bail bond on an underlying criminal
charge pursuant to Section 110-6 of this Code;
(ii) to revoke or modify an order of probation,
conditional discharge, or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18;
100-597, eff. 6-29-18; revised 7-12-19.)
(725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
Sec. 114-1. Motion to dismiss charge.
(a) Upon the written motion of the defendant made prior to
trial before or after a plea has been entered the court may
dismiss the indictment, information or complaint upon any of
the following grounds:
(1) The defendant has not been placed on trial in
compliance with Section 103-5 of this Code.
(2) The prosecution of the offense is barred by
Sections 3-3 through 3-8 of the Criminal Code of 2012.
(3) The defendant has received immunity from
prosecution for the offense charged.
(4) The indictment was returned by a Grand Jury which
was improperly selected and which results in substantial

10100SB1968ham001 - 404 - LRB101 08002 RLC 74920 a
injustice to the defendant.
(5) The indictment was returned by a Grand Jury which
acted contrary to Article 112 of this Code and which
results in substantial injustice to the defendant.
(6) The court in which the charge has been filed does
not have jurisdiction.
(7) The county is an improper place of trial.
(8) The charge does not state an offense.
(9) The indictment is based solely upon the testimony
of an incompetent witness.
(10) The defendant is misnamed in the charge and the
misnomer results in substantial injustice to the
defendant.
(11) The requirements of Section 109-3.1 have not been
complied with.
(b) The court shall require any motion to dismiss to be
filed within a reasonable time after the defendant has been
arraigned. Any motion not filed within such time or an
extension thereof shall not be considered by the court and the
grounds therefor, except as to subsections (a)(6) and (a)(8) of
this Section, are waived.
(c) If the motion presents only an issue of law the court
shall determine it without the necessity of further pleadings.
If the motion alleges facts not of record in the case the State
shall file an answer admitting or denying each of the factual
allegations of the motion.

10100SB1968ham001 - 405 - LRB101 08002 RLC 74920 a
(d) When an issue of fact is presented by a motion to
dismiss and the answer of the State the court shall conduct a
hearing and determine the issues.
(d-5) When a defendant seeks dismissal of the charge upon
the ground set forth in subsection (a)(7) of this Section, the
defendant shall make a prima facie showing that the county is
an improper place of trial. Upon such showing, the State shall
have the burden of proving, by a preponderance of the evidence,
that the county is the proper place of trial.
(d-6) When a defendant seeks dismissal of the charge upon
the grounds set forth in subsection (a)(2) of this Section, the
prosecution shall have the burden of proving, by a
preponderance of the evidence, that the prosecution of the
offense is not barred by Sections 3-3 through 3-8 of the
Criminal Code of 2012.
(e) Dismissal of the charge upon the grounds set forth in
subsections (a)(4) through (a)(11) of this Section shall not
prevent the return of a new indictment or the filing of a new
charge, and upon such dismissal the court may order that the
defendant be held in custody or, if the defendant had been
previously released on pretrial release bail, that the pretrial
release bail be continued for a specified time pending the
return of a new indictment or the filing of a new charge.
(f) If the court determines that the motion to dismiss
based upon the grounds set forth in subsections (a)(6) and
(a)(7) is well founded it may, instead of dismissal, order the

10100SB1968ham001 - 406 - LRB101 08002 RLC 74920 a
cause transferred to a court of competent jurisdiction or to a
proper place of trial.
(Source: P.A. 100-434, eff. 1-1-18.)
(725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
Sec. 115-4.1. Absence of defendant.
(a) When a defendant after arrest and an initial court
appearance for a non-capital felony or a misdemeanor, fails to
appear for trial, at the request of the State and after the
State has affirmatively proven through substantial evidence
that the defendant is willfully avoiding trial, the court may
commence trial in the absence of the defendant. Absence of a
defendant as specified in this Section shall not be a bar to
indictment of a defendant, return of information against a
defendant, or arraignment of a defendant for the charge for
which pretrial release bail has been granted. If a defendant
fails to appear at arraignment, the court may enter a plea of
"not guilty" on his behalf. If a defendant absents himself
before trial on a capital felony, trial may proceed as
specified in this Section provided that the State certifies
that it will not seek a death sentence following conviction.
Trial in the defendant's absence shall be by jury unless the
defendant had previously waived trial by jury. The absent
defendant must be represented by retained or appointed counsel.
The court, at the conclusion of all of the proceedings, may
order the clerk of the circuit court to pay counsel such sum as

10100SB1968ham001 - 407 - LRB101 08002 RLC 74920 a
the court deems reasonable, from any bond monies which were
posted by the defendant with the clerk, after the clerk has
first deducted all court costs. If trial had previously
commenced in the presence of the defendant and the defendant
willfully absents himself for two successive court days, the
court shall proceed to trial. All procedural rights guaranteed
by the United States Constitution, Constitution of the State of
Illinois, statutes of the State of Illinois, and rules of court
shall apply to the proceedings the same as if the defendant
were present in court and had not either had his or her
pretrial release revoked forfeited his bail bond or escaped
from custody. The court may set the case for a trial which may
be conducted under this Section despite the failure of the
defendant to appear at the hearing at which the trial date is
set. When such trial date is set the clerk shall send to the
defendant, by certified mail at his last known address
indicated on his bond slip, notice of the new date which has
been set for trial. Such notification shall be required when
the defendant was not personally present in open court at the
time when the case was set for trial.
(b) The absence of a defendant from a trial conducted
pursuant to this Section does not operate as a bar to
concluding the trial, to a judgment of conviction resulting
therefrom, or to a final disposition of the trial in favor of
the defendant.
(c) Upon a verdict of not guilty, the court shall enter

10100SB1968ham001 - 408 - LRB101 08002 RLC 74920 a
judgment for the defendant. Upon a verdict of guilty, the court
shall set a date for the hearing of post-trial motions and
shall hear such motion in the absence of the defendant. If
post-trial motions are denied, the court shall proceed to
conduct a sentencing hearing and to impose a sentence upon the
defendant.
(d) A defendant who is absent for part of the proceedings
of trial, post-trial motions, or sentencing, does not thereby
forfeit his right to be present at all remaining proceedings.
(e) When a defendant who in his absence has been either
convicted or sentenced or both convicted and sentenced appears
before the court, he must be granted a new trial or new
sentencing hearing if the defendant can establish that his
failure to appear in court was both without his fault and due
to circumstances beyond his control. A hearing with notice to
the State's Attorney on the defendant's request for a new trial
or a new sentencing hearing must be held before any such
request may be granted. At any such hearing both the defendant
and the State may present evidence.
(f) If the court grants only the defendant's request for a
new sentencing hearing, then a new sentencing hearing shall be
held in accordance with the provisions of the Unified Code of
Corrections. At any such hearing, both the defendant and the
State may offer evidence of the defendant's conduct during his
period of absence from the court. The court may impose any
sentence authorized by the Unified Code of Corrections and is

10100SB1968ham001 - 409 - LRB101 08002 RLC 74920 a
not in any way limited or restricted by any sentence previously
imposed.
(g) A defendant whose motion under paragraph (e) for a new
trial or new sentencing hearing has been denied may file a
notice of appeal therefrom. Such notice may also include a
request for review of the judgment and sentence not vacated by
the trial court.
(Source: P.A. 90-787, eff. 8-14-98.)
(725 ILCS 5/122-6) (from Ch. 38, par. 122-6)
Sec. 122-6. Disposition in trial court.
The court may receive proof by affidavits, depositions,
oral testimony, or other evidence. In its discretion the court
may order the petitioner brought before the court for the
hearing. If the court finds in favor of the petitioner, it
shall enter an appropriate order with respect to the judgment
or sentence in the former proceedings and such supplementary
orders as to rearraignment, retrial, custody, conditions of
pretrial release bail or discharge as may be necessary and
proper.
(Source: Laws 1963, p. 2836.)
Section 10-256. The Code of Criminal Procedure of 1963 is
amended by changing the heading of Article 110 by changing
Sections 103-2, 103-3, and 108-8 as follows:

10100SB1968ham001 - 410 - LRB101 08002 RLC 74920 a
(725 ILCS 5/103-2) (from Ch. 38, par. 103-2)
Sec. 103-2. Treatment while in custody.
(a) On being taken into custody every person shall have the
right to remain silent.
(b) No unlawful means of any kind shall be used to obtain a
statement, admission or confession from any person in custody.
(c) Persons in custody shall be treated humanely and
provided with proper food, shelter and, if required, medical
treatment without unreasonable delay if the need for the
treatment is apparent.
(Source: Laws 1963, p. 2836.)
(725 ILCS 5/103-3) (from Ch. 38, par. 103-3)
Sec. 103-3. Right to communicate with attorney and family;
transfers.
(a) (Blank). Persons who are arrested shall have the right
to communicate with an attorney of their choice and a member of
their family by making a reasonable number of telephone calls
or in any other reasonable manner. Such communication shall be
permitted within a reasonable time after arrival at the first
place of custody.
(a-5) Persons who are in police custody have the right to
communicate free of charge with an attorney of their choice and
members of their family as soon as possible upon being taken
into police custody, but no later than three hours after
arrival at the first place of custody. Persons in police

10100SB1968ham001 - 411 - LRB101 08002 RLC 74920 a
custody must be given:
(1) access to use a telephone via a land line or
cellular phone to make three phone calls; and
(2) the ability to retrieve phone numbers contained in
his or her contact list on his or her cellular phone prior
to the phone being placed into inventory.
(a-10) In accordance with Section 103-7, at every facility
where a person is in police custody a sign containing, at
minimum, the following information in bold block type must be
posted in a conspicuous place:
(1) a short statement notifying persons who are in
police custody of their right to have access to a phone
within three hours after being taken into police custody;
and
(2) persons who are in police custody have the right to
make three phone calls within three hours after being taken
into custody, at no charge.
(a-15) In addition to the information listed in subsection
(a-10), if the place of custody is located in a jurisdiction
where the court has appointed the public defender or other
attorney to represent persons who are in police custody, the
telephone number to the public defender or appointed attorney's
office must also be displayed. The telephone call to the public
defender or other attorney must not be monitored, eavesdropped
upon, or recorded.
(b) (Blank). In the event the accused is transferred to a

10100SB1968ham001 - 412 - LRB101 08002 RLC 74920 a
new place of custody his right to communicate with an attorney
and a member of his family is renewed.
(c) In the event a person who is in police custody is
transferred to a new place of custody, his or her right to make
telephone calls under this Section within three hours after
arrival is renewed.
(d) In this Section "custody" means the restriction of a
person's freedom of movement by a law enforcement officer's
exercise of his or her lawful authority.
(e) The three hours requirement shall not apply while the
person in police custody is asleep, unconscious, or otherwise
incapacitated.
(f) Nothing in this Section shall interfere with a person's
rights or override procedures required in the Bill of Rights of
the Illinois and US Constitutions, including but not limited to
Fourth Amendment search and seizure rights, Fifth Amendment due
process rights and rights to be free from self-incrimination
and Sixth Amendment right to counsel.
(Source: Laws 1963, p. 2836.)
(725 ILCS 5/108-8) (from Ch. 38, par. 108-8)
Sec. 108-8. Use of force in execution of search warrant.
(a) All necessary and reasonable force may be used to
effect an entry into any building or property or part thereof
to execute a search warrant.
(b) The court issuing a warrant may authorize the officer

10100SB1968ham001 - 413 - LRB101 08002 RLC 74920 a
executing the warrant to make entry without first knocking and
announcing his or her office if it finds, based upon a showing
of specific facts, the existence of the following exigent
circumstances:
(1) That the officer reasonably believes that if notice
were given a weapon would be used:
(i) against the officer executing the search
warrant; or
(ii) against another person.
(2) That if notice were given there is an imminent
"danger" that evidence will be destroyed.
(c) Prior to the issuing of a warrant under subsection (b),
the officer must attest that:
(1) prior to entering the location described in the
search warrant, a supervising officer will ensure that each
participating member is assigned a body worn camera and is
following policies and procedures in accordance with
Section 10-20 of the Law Enforcement Officer-Worn Body
Camera Act; provided that the law enforcement agency has
implemented body worn camera in accordance with Section
10-15 of the Law Enforcement Officer-Worn Body Camera Act.
If a law enforcement agency has not implemented a body
camera in accordance with Section 10-15 of the Law
Enforcement Officer-Worn Body Camera Act, the officer must
attest that the interaction authorized by the warrant is
otherwise recorded;

10100SB1968ham001 - 414 - LRB101 08002 RLC 74920 a
(2) steps were taken in planning the search to ensure
accuracy and plan for children or other vulnerable people
on-site; and
(3) if an officer becomes aware the search warrant was
executed at an address, unit, or apartment different from
the location listed on the search warrant, that member will
immediately notify a supervisor who will ensure an internal
investigation ensues.
(Source: P.A. 92-502, eff. 12-19-01.)
(725 ILCS 5/110-5.1 rep.)
(725 ILCS 5/110-6.3 rep.)
(725 ILCS 5/110-6.5 rep.)
(725 ILCS 5/110-7 rep.)
(725 ILCS 5/110-8 rep.)
(725 ILCS 5/110-9 rep.)
(725 ILCS 5/110-13 rep.)
(725 ILCS 5/110-14 rep.)
(725 ILCS 5/110-15 rep.)
(725 ILCS 5/110-16 rep.)
(725 ILCS 5/110-17 rep.)
(725 ILCS 5/110-18 rep.)
Section 10-260. The Code of Criminal Procedure of 1963 is
amended by repealing Sections 110-5.1, 110-6.3, 110-6.5,
110-7, 110-8, 110-9, 110-13, 110-14, 110-15, 110-16, 110-17,
and 110-18.

10100SB1968ham001 - 415 - LRB101 08002 RLC 74920 a
Section 10-265. The Rights of Crime Victims and Witnesses
Act is amended by changing Sections 4 and 4.5 as follows:
(725 ILCS 120/4) (from Ch. 38, par. 1404)
Sec. 4. Rights of crime victims.
(a) Crime victims shall have the following rights:
(1) The right to be treated with fairness and respect
for their dignity and privacy and to be free from
harassment, intimidation, and abuse throughout the
criminal justice process.
(1.5) The right to notice and to a hearing before a
court ruling on a request for access to any of the victim's
records, information, or communications which are
privileged or confidential by law.
(2) The right to timely notification of all court
proceedings.
(3) The right to communicate with the prosecution.
(4) The right to be heard at any post-arraignment court
proceeding in which a right of the victim is at issue and
any court proceeding involving a post-arraignment release
decision, plea, or sentencing.
(5) The right to be notified of the conviction, the
sentence, the imprisonment and the release of the accused.
(6) The right to the timely disposition of the case
following the arrest of the accused.

10100SB1968ham001 - 416 - LRB101 08002 RLC 74920 a
(7) The right to be reasonably protected from the
accused through the criminal justice process.
(7.5) The right to have the safety of the victim and
the victim's family considered in denying or fixing the
amount of bail, determining whether to release the
defendant, and setting conditions of release after arrest
and conviction.
(8) The right to be present at the trial and all other
court proceedings on the same basis as the accused, unless
the victim is to testify and the court determines that the
victim's testimony would be materially affected if the
victim hears other testimony at the trial.
(9) The right to have present at all court proceedings,
including proceedings under the Juvenile Court Act of 1987,
subject to the rules of evidence, an advocate and other
support person of the victim's choice.
(10) The right to restitution.
(b) Any law enforcement agency that investigates an offense
committed in this State shall provide a crime victim with a
written statement and explanation of the rights of crime
victims under this amendatory Act of the 99th General Assembly
within 48 hours of law enforcement's initial contact with a
victim. The statement shall include information about crime
victim compensation, including how to contact the Office of the
Illinois Attorney General to file a claim, and appropriate
referrals to local and State programs that provide victim

10100SB1968ham001 - 417 - LRB101 08002 RLC 74920 a
services. The content of the statement shall be provided to law
enforcement by the Attorney General. Law enforcement shall also
provide a crime victim with a sign-off sheet that the victim
shall sign and date as an acknowledgement that he or she has
been furnished with information and an explanation of the
rights of crime victims and compensation set forth in this Act.
(b-5) Upon the request of the victim, the law enforcement
agency having jurisdiction shall provide a free copy of the
police report concerning the victim's incident, as soon as
practicable, but in no event later than 5 business days from
the request.
(c) The Clerk of the Circuit Court shall post the rights of
crime victims set forth in Article I, Section 8.1(a) of the
Illinois Constitution and subsection (a) of this Section within
3 feet of the door to any courtroom where criminal proceedings
are conducted. The clerk may also post the rights in other
locations in the courthouse.
(d) At any point, the victim has the right to retain a
victim's attorney who may be present during all stages of any
interview, investigation, or other interaction with
representatives of the criminal justice system. Treatment of
the victim should not be affected or altered in any way as a
result of the victim's decision to exercise this right.
(Source: P.A. 99-413, eff. 8-20-15; 100-1087, eff. 1-1-19.)
(725 ILCS 120/4.5)

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Sec. 4.5. Procedures to implement the rights of crime
victims. To afford crime victims their rights, law enforcement,
prosecutors, judges, and corrections will provide information,
as appropriate, of the following procedures:
(a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the
status of the investigation, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation, until such time
as the alleged assailant is apprehended or the investigation is
closed.
(a-5) When law enforcement authorities reopen a closed case
to resume investigating, they shall provide notice of the
reopening of the case, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation.
(b) The office of the State's Attorney:
(1) shall provide notice of the filing of an
information, the return of an indictment, or the filing of
a petition to adjudicate a minor as a delinquent for a
violent crime;
(2) shall provide timely notice of the date, time, and
place of court proceedings; of any change in the date,
time, and place of court proceedings; and of any
cancellation of court proceedings. Notice shall be
provided in sufficient time, wherever possible, for the

10100SB1968ham001 - 419 - LRB101 08002 RLC 74920 a
victim to make arrangements to attend or to prevent an
unnecessary appearance at court proceedings;
(3) or victim advocate personnel shall provide
information of social services and financial assistance
available for victims of crime, including information of
how to apply for these services and assistance;
(3.5) or victim advocate personnel shall provide
information about available victim services, including
referrals to programs, counselors, and agencies that
assist a victim to deal with trauma, loss, and grief;
(4) shall assist in having any stolen or other personal
property held by law enforcement authorities for
evidentiary or other purposes returned as expeditiously as
possible, pursuant to the procedures set out in Section
115-9 of the Code of Criminal Procedure of 1963;
(5) or victim advocate personnel shall provide
appropriate employer intercession services to ensure that
employers of victims will cooperate with the criminal
justice system in order to minimize an employee's loss of
pay and other benefits resulting from court appearances;
(6) shall provide, whenever possible, a secure waiting
area during court proceedings that does not require victims
to be in close proximity to defendants or juveniles accused
of a violent crime, and their families and friends;
(7) shall provide notice to the crime victim of the
right to have a translator present at all court proceedings

10100SB1968ham001 - 420 - LRB101 08002 RLC 74920 a
and, in compliance with the federal Americans with
Disabilities Act of 1990, the right to communications
access through a sign language interpreter or by other
means;
(8) (blank);
(8.5) shall inform the victim of the right to be
present at all court proceedings, unless the victim is to
testify and the court determines that the victim's
testimony would be materially affected if the victim hears
other testimony at trial;
(9) shall inform the victim of the right to have
present at all court proceedings, subject to the rules of
evidence and confidentiality, an advocate and other
support person of the victim's choice;
(9.3) shall inform the victim of the right to retain an
attorney, at the victim's own expense, who, upon written
notice filed with the clerk of the court and State's
Attorney, is to receive copies of all notices, motions, and
court orders filed thereafter in the case, in the same
manner as if the victim were a named party in the case;
(9.5) shall inform the victim of (A) the victim's right
under Section 6 of this Act to make a statement at the
sentencing hearing; (B) the right of the victim's spouse,
guardian, parent, grandparent, and other immediate family
and household members under Section 6 of this Act to
present a statement at sentencing; and (C) if a presentence

10100SB1968ham001 - 421 - LRB101 08002 RLC 74920 a
report is to be prepared, the right of the victim's spouse,
guardian, parent, grandparent, and other immediate family
and household members to submit information to the preparer
of the presentence report about the effect the offense has
had on the victim and the person;
(10) at the sentencing shall make a good faith attempt
to explain the minimum amount of time during which the
defendant may actually be physically imprisoned. The
Office of the State's Attorney shall further notify the
crime victim of the right to request from the Prisoner
Review Board or Department of Juvenile Justice information
concerning the release of the defendant;
(11) shall request restitution at sentencing and as
part of a plea agreement if the victim requests
restitution;
(12) shall, upon the court entering a verdict of not
guilty by reason of insanity, inform the victim of the
notification services available from the Department of
Human Services, including the statewide telephone number,
under subparagraph (d)(2) of this Section;
(13) shall provide notice within a reasonable time
after receipt of notice from the custodian, of the release
of the defendant on pretrial release bail or personal
recognizance or the release from detention of a minor who
has been detained;
(14) shall explain in nontechnical language the

10100SB1968ham001 - 422 - LRB101 08002 RLC 74920 a
details of any plea or verdict of a defendant, or any
adjudication of a juvenile as a delinquent;
(15) shall make all reasonable efforts to consult with
the crime victim before the Office of the State's Attorney
makes an offer of a plea bargain to the defendant or enters
into negotiations with the defendant concerning a possible
plea agreement, and shall consider the written statement,
if prepared prior to entering into a plea agreement. The
right to consult with the prosecutor does not include the
right to veto a plea agreement or to insist the case go to
trial. If the State's Attorney has not consulted with the
victim prior to making an offer or entering into plea
negotiations with the defendant, the Office of the State's
Attorney shall notify the victim of the offer or the
negotiations within 2 business days and confer with the
victim;
(16) shall provide notice of the ultimate disposition
of the cases arising from an indictment or an information,
or a petition to have a juvenile adjudicated as a
delinquent for a violent crime;
(17) shall provide notice of any appeal taken by the
defendant and information on how to contact the appropriate
agency handling the appeal, and how to request notice of
any hearing, oral argument, or decision of an appellate
court;
(18) shall provide timely notice of any request for

10100SB1968ham001 - 423 - LRB101 08002 RLC 74920 a
post-conviction review filed by the defendant under
Article 122 of the Code of Criminal Procedure of 1963, and
of the date, time and place of any hearing concerning the
petition. Whenever possible, notice of the hearing shall be
given within 48 hours of the court's scheduling of the
hearing; and
(19) shall forward a copy of any statement presented
under Section 6 to the Prisoner Review Board or Department
of Juvenile Justice to be considered in making a
determination under Section 3-2.5-85 or subsection (b) of
Section 3-3-8 of the Unified Code of Corrections.
(c) The court shall ensure that the rights of the victim
are afforded.
(c-5) The following procedures shall be followed to afford
victims the rights guaranteed by Article I, Section 8.1 of the
Illinois Constitution:
(1) Written notice. A victim may complete a written
notice of intent to assert rights on a form prepared by the
Office of the Attorney General and provided to the victim
by the State's Attorney. The victim may at any time provide
a revised written notice to the State's Attorney. The
State's Attorney shall file the written notice with the
court. At the beginning of any court proceeding in which
the right of a victim may be at issue, the court and
prosecutor shall review the written notice to determine
whether the victim has asserted the right that may be at

10100SB1968ham001 - 424 - LRB101 08002 RLC 74920 a
issue.
(2) Victim's retained attorney. A victim's attorney
shall file an entry of appearance limited to assertion of
the victim's rights. Upon the filing of the entry of
appearance and service on the State's Attorney and the
defendant, the attorney is to receive copies of all
notices, motions and court orders filed thereafter in the
case.
(3) Standing. The victim has standing to assert the
rights enumerated in subsection (a) of Article I, Section
8.1 of the Illinois Constitution and the statutory rights
under Section 4 of this Act in any court exercising
jurisdiction over the criminal case. The prosecuting
attorney, a victim, or the victim's retained attorney may
assert the victim's rights. The defendant in the criminal
case has no standing to assert a right of the victim in any
court proceeding, including on appeal.
(4) Assertion of and enforcement of rights.
(A) The prosecuting attorney shall assert a
victim's right or request enforcement of a right by
filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury. The prosecuting
attorney shall consult with the victim and the victim's
attorney regarding the assertion or enforcement of a
right. If the prosecuting attorney decides not to

10100SB1968ham001 - 425 - LRB101 08002 RLC 74920 a
assert or enforce a victim's right, the prosecuting
attorney shall notify the victim or the victim's
attorney in sufficient time to allow the victim or the
victim's attorney to assert the right or to seek
enforcement of a right.
(B) If the prosecuting attorney elects not to
assert a victim's right or to seek enforcement of a
right, the victim or the victim's attorney may assert
the victim's right or request enforcement of a right by
filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury.
(C) If the prosecuting attorney asserts a victim's
right or seeks enforcement of a right, and the court
denies the assertion of the right or denies the request
for enforcement of a right, the victim or victim's
attorney may file a motion to assert the victim's right
or to request enforcement of the right within 10 days
of the court's ruling. The motion need not demonstrate
the grounds for a motion for reconsideration. The court
shall rule on the merits of the motion.
(D) The court shall take up and decide any motion
or request asserting or seeking enforcement of a
victim's right without delay, unless a specific time
period is specified by law or court rule. The reasons
for any decision denying the motion or request shall be

10100SB1968ham001 - 426 - LRB101 08002 RLC 74920 a
clearly stated on the record.
(5) Violation of rights and remedies.
(A) If the court determines that a victim's right
has been violated, the court shall determine the
appropriate remedy for the violation of the victim's
right by hearing from the victim and the parties,
considering all factors relevant to the issue, and then
awarding appropriate relief to the victim.
(A-5) Consideration of an issue of a substantive
nature or an issue that implicates the constitutional
or statutory right of a victim at a court proceeding
labeled as a status hearing shall constitute a per se
violation of a victim's right.
(B) The appropriate remedy shall include only
actions necessary to provide the victim the right to
which the victim was entitled and may include reopening
previously held proceedings; however, in no event
shall the court vacate a conviction. Any remedy shall
be tailored to provide the victim an appropriate remedy
without violating any constitutional right of the
defendant. In no event shall the appropriate remedy be
a new trial, damages, or costs.
(6) Right to be heard. Whenever a victim has the right
to be heard, the court shall allow the victim to exercise
the right in any reasonable manner the victim chooses.
(7) Right to attend trial. A party must file a written

10100SB1968ham001 - 427 - LRB101 08002 RLC 74920 a
motion to exclude a victim from trial at least 60 days
prior to the date set for trial. The motion must state with
specificity the reason exclusion is necessary to protect a
constitutional right of the party, and must contain an
offer of proof. The court shall rule on the motion within
30 days. If the motion is granted, the court shall set
forth on the record the facts that support its finding that
the victim's testimony will be materially affected if the
victim hears other testimony at trial.
(8) Right to have advocate and support person present
at court proceedings.
(A) A party who intends to call an advocate as a
witness at trial must seek permission of the court
before the subpoena is issued. The party must file a
written motion at least 90 days before trial that sets
forth specifically the issues on which the advocate's
testimony is sought and an offer of proof regarding (i)
the content of the anticipated testimony of the
advocate; and (ii) the relevance, admissibility, and
materiality of the anticipated testimony. The court
shall consider the motion and make findings within 30
days of the filing of the motion. If the court finds by
a preponderance of the evidence that: (i) the
anticipated testimony is not protected by an absolute
privilege; and (ii) the anticipated testimony contains
relevant, admissible, and material evidence that is

10100SB1968ham001 - 428 - LRB101 08002 RLC 74920 a
not available through other witnesses or evidence, the
court shall issue a subpoena requiring the advocate to
appear to testify at an in camera hearing. The
prosecuting attorney and the victim shall have 15 days
to seek appellate review before the advocate is
required to testify at an ex parte in camera
proceeding.
The prosecuting attorney, the victim, and the
advocate's attorney shall be allowed to be present at
the ex parte in camera proceeding. If, after conducting
the ex parte in camera hearing, the court determines
that due process requires any testimony regarding
confidential or privileged information or
communications, the court shall provide to the
prosecuting attorney, the victim, and the advocate's
attorney a written memorandum on the substance of the
advocate's testimony. The prosecuting attorney, the
victim, and the advocate's attorney shall have 15 days
to seek appellate review before a subpoena may be
issued for the advocate to testify at trial. The
presence of the prosecuting attorney at the ex parte in
camera proceeding does not make the substance of the
advocate's testimony that the court has ruled
inadmissible subject to discovery.
(B) If a victim has asserted the right to have a
support person present at the court proceedings, the

10100SB1968ham001 - 429 - LRB101 08002 RLC 74920 a
victim shall provide the name of the person the victim
has chosen to be the victim's support person to the
prosecuting attorney, within 60 days of trial. The
prosecuting attorney shall provide the name to the
defendant. If the defendant intends to call the support
person as a witness at trial, the defendant must seek
permission of the court before a subpoena is issued.
The defendant must file a written motion at least 45
days prior to trial that sets forth specifically the
issues on which the support person will testify and an
offer of proof regarding: (i) the content of the
anticipated testimony of the support person; and (ii)
the relevance, admissibility, and materiality of the
anticipated testimony.
If the prosecuting attorney intends to call the
support person as a witness during the State's
case-in-chief, the prosecuting attorney shall inform
the court of this intent in the response to the
defendant's written motion. The victim may choose a
different person to be the victim's support person. The
court may allow the defendant to inquire about matters
outside the scope of the direct examination during
cross-examination. If the court allows the defendant
to do so, the support person shall be allowed to remain
in the courtroom after the support person has
testified. A defendant who fails to question the

10100SB1968ham001 - 430 - LRB101 08002 RLC 74920 a
support person about matters outside the scope of
direct examination during the State's case-in-chief
waives the right to challenge the presence of the
support person on appeal. The court shall allow the
support person to testify if called as a witness in the
defendant's case-in-chief or the State's rebuttal.
If the court does not allow the defendant to
inquire about matters outside the scope of the direct
examination, the support person shall be allowed to
remain in the courtroom after the support person has
been called by the defendant or the defendant has
rested. The court shall allow the support person to
testify in the State's rebuttal.
If the prosecuting attorney does not intend to call
the support person in the State's case-in-chief, the
court shall verify with the support person whether the
support person, if called as a witness, would testify
as set forth in the offer of proof. If the court finds
that the support person would testify as set forth in
the offer of proof, the court shall rule on the
relevance, materiality, and admissibility of the
anticipated testimony. If the court rules the
anticipated testimony is admissible, the court shall
issue the subpoena. The support person may remain in
the courtroom after the support person testifies and
shall be allowed to testify in rebuttal.

10100SB1968ham001 - 431 - LRB101 08002 RLC 74920 a
If the court excludes the victim's support person
during the State's case-in-chief, the victim shall be
allowed to choose another support person to be present
in court.
If the victim fails to designate a support person
within 60 days of trial and the defendant has
subpoenaed the support person to testify at trial, the
court may exclude the support person from the trial
until the support person testifies. If the court
excludes the support person the victim may choose
another person as a support person.
(9) Right to notice and hearing before disclosure of
confidential or privileged information or records. A
defendant who seeks to subpoena records of or concerning
the victim that are confidential or privileged by law must
seek permission of the court before the subpoena is issued.
The defendant must file a written motion and an offer of
proof regarding the relevance, admissibility and
materiality of the records. If the court finds by a
preponderance of the evidence that: (A) the records are not
protected by an absolute privilege and (B) the records
contain relevant, admissible, and material evidence that
is not available through other witnesses or evidence, the
court shall issue a subpoena requiring a sealed copy of the
records be delivered to the court to be reviewed in camera.
If, after conducting an in camera review of the records,

10100SB1968ham001 - 432 - LRB101 08002 RLC 74920 a
the court determines that due process requires disclosure
of any portion of the records, the court shall provide
copies of what it intends to disclose to the prosecuting
attorney and the victim. The prosecuting attorney and the
victim shall have 30 days to seek appellate review before
the records are disclosed to the defendant. The disclosure
of copies of any portion of the records to the prosecuting
attorney does not make the records subject to discovery.
(10) Right to notice of court proceedings. If the
victim is not present at a court proceeding in which a
right of the victim is at issue, the court shall ask the
prosecuting attorney whether the victim was notified of the
time, place, and purpose of the court proceeding and that
the victim had a right to be heard at the court proceeding.
If the court determines that timely notice was not given or
that the victim was not adequately informed of the nature
of the court proceeding, the court shall not rule on any
substantive issues, accept a plea, or impose a sentence and
shall continue the hearing for the time necessary to notify
the victim of the time, place and nature of the court
proceeding. The time between court proceedings shall not be
attributable to the State under Section 103-5 of the Code
of Criminal Procedure of 1963.
(11) Right to timely disposition of the case. A victim
has the right to timely disposition of the case so as to
minimize the stress, cost, and inconvenience resulting

10100SB1968ham001 - 433 - LRB101 08002 RLC 74920 a
from the victim's involvement in the case. Before ruling on
a motion to continue trial or other court proceeding, the
court shall inquire into the circumstances for the request
for the delay and, if the victim has provided written
notice of the assertion of the right to a timely
disposition, and whether the victim objects to the delay.
If the victim objects, the prosecutor shall inform the
court of the victim's objections. If the prosecutor has not
conferred with the victim about the continuance, the
prosecutor shall inform the court of the attempts to
confer. If the court finds the attempts of the prosecutor
to confer with the victim were inadequate to protect the
victim's right to be heard, the court shall give the
prosecutor at least 3 but not more than 5 business days to
confer with the victim. In ruling on a motion to continue,
the court shall consider the reasons for the requested
continuance, the number and length of continuances that
have been granted, the victim's objections and procedures
to avoid further delays. If a continuance is granted over
the victim's objection, the court shall specify on the
record the reasons for the continuance and the procedures
that have been or will be taken to avoid further delays.
(12) Right to Restitution.
(A) If the victim has asserted the right to
restitution and the amount of restitution is known at
the time of sentencing, the court shall enter the

10100SB1968ham001 - 434 - LRB101 08002 RLC 74920 a
judgment of restitution at the time of sentencing.
(B) If the victim has asserted the right to
restitution and the amount of restitution is not known
at the time of sentencing, the prosecutor shall, within
5 days after sentencing, notify the victim what
information and documentation related to restitution
is needed and that the information and documentation
must be provided to the prosecutor within 45 days after
sentencing. Failure to timely provide information and
documentation related to restitution shall be deemed a
waiver of the right to restitution. The prosecutor
shall file and serve within 60 days after sentencing a
proposed judgment for restitution and a notice that
includes information concerning the identity of any
victims or other persons seeking restitution, whether
any victim or other person expressly declines
restitution, the nature and amount of any damages
together with any supporting documentation, a
restitution amount recommendation, and the names of
any co-defendants and their case numbers. Within 30
days after receipt of the proposed judgment for
restitution, the defendant shall file any objection to
the proposed judgment, a statement of grounds for the
objection, and a financial statement. If the defendant
does not file an objection, the court may enter the
judgment for restitution without further proceedings.

10100SB1968ham001 - 435 - LRB101 08002 RLC 74920 a
If the defendant files an objection and either party
requests a hearing, the court shall schedule a hearing.
(13) Access to presentence reports.
(A) The victim may request a copy of the
presentence report prepared under the Unified Code of
Corrections from the State's Attorney. The State's
Attorney shall redact the following information before
providing a copy of the report:
(i) the defendant's mental history and
condition;
(ii) any evaluation prepared under subsection
(b) or (b-5) of Section 5-3-2; and
(iii) the name, address, phone number, and
other personal information about any other victim.
(B) The State's Attorney or the defendant may
request the court redact other information in the
report that may endanger the safety of any person.
(C) The State's Attorney may orally disclose to the
victim any of the information that has been redacted if
there is a reasonable likelihood that the information
will be stated in court at the sentencing.
(D) The State's Attorney must advise the victim
that the victim must maintain the confidentiality of
the report and other information. Any dissemination of
the report or information that was not stated at a
court proceeding constitutes indirect criminal

10100SB1968ham001 - 436 - LRB101 08002 RLC 74920 a
contempt of court.
(14) Appellate relief. If the trial court denies the
relief requested, the victim, the victim's attorney, or the
prosecuting attorney may file an appeal within 30 days of
the trial court's ruling. The trial or appellate court may
stay the court proceedings if the court finds that a stay
would not violate a constitutional right of the defendant.
If the appellate court denies the relief sought, the
reasons for the denial shall be clearly stated in a written
opinion. In any appeal in a criminal case, the State may
assert as error the court's denial of any crime victim's
right in the proceeding to which the appeal relates.
(15) Limitation on appellate relief. In no case shall
an appellate court provide a new trial to remedy the
violation of a victim's right.
(16) The right to be reasonably protected from the
accused throughout the criminal justice process and the
right to have the safety of the victim and the victim's
family considered in denying or fixing the amount of bail,
determining whether to release the defendant, and setting
conditions of release after arrest and conviction. A victim
of domestic violence, a sexual offense, or stalking may
request the entry of a protective order under Article 112A
of the Code of Criminal Procedure of 1963.
(d) Procedures after the imposition of sentence.
(1) The Prisoner Review Board shall inform a victim or

10100SB1968ham001 - 437 - LRB101 08002 RLC 74920 a
any other concerned citizen, upon written request, of the
prisoner's release on parole, mandatory supervised
release, electronic detention, work release, international
transfer or exchange, or by the custodian, other than the
Department of Juvenile Justice, of the discharge of any
individual who was adjudicated a delinquent for a crime
from State custody and by the sheriff of the appropriate
county of any such person's final discharge from county
custody. The Prisoner Review Board, upon written request,
shall provide to a victim or any other concerned citizen a
recent photograph of any person convicted of a felony, upon
his or her release from custody. The Prisoner Review Board,
upon written request, shall inform a victim or any other
concerned citizen when feasible at least 7 days prior to
the prisoner's release on furlough of the times and dates
of such furlough. Upon written request by the victim or any
other concerned citizen, the State's Attorney shall notify
the person once of the times and dates of release of a
prisoner sentenced to periodic imprisonment. Notification
shall be based on the most recent information as to
victim's or other concerned citizen's residence or other
location available to the notifying authority.
(2) When the defendant has been committed to the
Department of Human Services pursuant to Section 5-2-4 or
any other provision of the Unified Code of Corrections, the
victim may request to be notified by the releasing

10100SB1968ham001 - 438 - LRB101 08002 RLC 74920 a
authority of the approval by the court of an on-grounds
pass, a supervised off-grounds pass, an unsupervised
off-grounds pass, or conditional release; the release on an
off-grounds pass; the return from an off-grounds pass;
transfer to another facility; conditional release; escape;
death; or final discharge from State custody. The
Department of Human Services shall establish and maintain a
statewide telephone number to be used by victims to make
notification requests under these provisions and shall
publicize this telephone number on its website and to the
State's Attorney of each county.
(3) In the event of an escape from State custody, the
Department of Corrections or the Department of Juvenile
Justice immediately shall notify the Prisoner Review Board
of the escape and the Prisoner Review Board shall notify
the victim. The notification shall be based upon the most
recent information as to the victim's residence or other
location available to the Board. When no such information
is available, the Board shall make all reasonable efforts
to obtain the information and make the notification. When
the escapee is apprehended, the Department of Corrections
or the Department of Juvenile Justice immediately shall
notify the Prisoner Review Board and the Board shall notify
the victim.
(4) The victim of the crime for which the prisoner has
been sentenced has the right to register with the Prisoner

10100SB1968ham001 - 439 - LRB101 08002 RLC 74920 a
Review Board's victim registry. Victims registered with
the Board shall receive reasonable written notice not less
than 30 days prior to the parole hearing or target
aftercare release date. The victim has the right to submit
a victim statement for consideration by the Prisoner Review
Board or the Department of Juvenile Justice in writing, on
film, videotape, or other electronic means, or in the form
of a recording prior to the parole hearing or target
aftercare release date, or in person at the parole hearing
or aftercare release protest hearing, or by calling the
toll-free number established in subsection (f) of this
Section., The victim shall be notified within 7 days after
the prisoner has been granted parole or aftercare release
and shall be informed of the right to inspect the registry
of parole decisions, established under subsection (g) of
Section 3-3-5 of the Unified Code of Corrections. The
provisions of this paragraph (4) are subject to the Open
Parole Hearings Act. Victim statements provided to the
Board shall be confidential and privileged, including any
statements received prior to January 1, 2020 (the effective
date of Public Act 101-288) this amendatory Act of the
101st General Assembly, except if the statement was an oral
statement made by the victim at a hearing open to the
public.
(4-1) The crime victim has the right to submit a victim
statement for consideration by the Prisoner Review Board or

10100SB1968ham001 - 440 - LRB101 08002 RLC 74920 a
the Department of Juvenile Justice prior to or at a hearing
to determine the conditions of mandatory supervised
release of a person sentenced to a determinate sentence or
at a hearing on revocation of mandatory supervised release
of a person sentenced to a determinate sentence. A victim
statement may be submitted in writing, on film, videotape,
or other electronic means, or in the form of a recording,
or orally at a hearing, or by calling the toll-free number
established in subsection (f) of this Section. Victim
statements provided to the Board shall be confidential and
privileged, including any statements received prior to
January 1, 2020 (the effective date of Public Act 101-288)
this amendatory Act of the 101st General Assembly, except
if the statement was an oral statement made by the victim
at a hearing open to the public.
(4-2) The crime victim has the right to submit a victim
statement to the Prisoner Review Board for consideration at
an executive clemency hearing as provided in Section 3-3-13
of the Unified Code of Corrections. A victim statement may
be submitted in writing, on film, videotape, or other
electronic means, or in the form of a recording prior to a
hearing, or orally at a hearing, or by calling the
toll-free number established in subsection (f) of this
Section. Victim statements provided to the Board shall be
confidential and privileged, including any statements
received prior to January 1, 2020 (the effective date of

10100SB1968ham001 - 441 - LRB101 08002 RLC 74920 a
Public Act 101-288) this amendatory Act of the 101st
General Assembly, except if the statement was an oral
statement made by the victim at a hearing open to the
public.
(5) If a statement is presented under Section 6, the
Prisoner Review Board or Department of Juvenile Justice
shall inform the victim of any order of discharge pursuant
to Section 3-2.5-85 or 3-3-8 of the Unified Code of
Corrections.
(6) At the written or oral request of the victim of the
crime for which the prisoner was sentenced or the State's
Attorney of the county where the person seeking parole or
aftercare release was prosecuted, the Prisoner Review
Board or Department of Juvenile Justice shall notify the
victim and the State's Attorney of the county where the
person seeking parole or aftercare release was prosecuted
of the death of the prisoner if the prisoner died while on
parole or aftercare release or mandatory supervised
release.
(7) When a defendant who has been committed to the
Department of Corrections, the Department of Juvenile
Justice, or the Department of Human Services is released or
discharged and subsequently committed to the Department of
Human Services as a sexually violent person and the victim
had requested to be notified by the releasing authority of
the defendant's discharge, conditional release, death, or

10100SB1968ham001 - 442 - LRB101 08002 RLC 74920 a
escape from State custody, the releasing authority shall
provide to the Department of Human Services such
information that would allow the Department of Human
Services to contact the victim.
(8) When a defendant has been convicted of a sex
offense as defined in Section 2 of the Sex Offender
Registration Act and has been sentenced to the Department
of Corrections or the Department of Juvenile Justice, the
Prisoner Review Board or the Department of Juvenile Justice
shall notify the victim of the sex offense of the
prisoner's eligibility for release on parole, aftercare
release, mandatory supervised release, electronic
detention, work release, international transfer or
exchange, or by the custodian of the discharge of any
individual who was adjudicated a delinquent for a sex
offense from State custody and by the sheriff of the
appropriate county of any such person's final discharge
from county custody. The notification shall be made to the
victim at least 30 days, whenever possible, before release
of the sex offender.
(e) The officials named in this Section may satisfy some or
all of their obligations to provide notices and other
information through participation in a statewide victim and
witness notification system established by the Attorney
General under Section 8.5 of this Act.
(f) The Prisoner Review Board shall establish a toll-free

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number that may be accessed by the crime victim to present a
victim statement to the Board in accordance with paragraphs
(4), (4-1), and (4-2) of subsection (d).
(Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19;
101-81, eff. 7-12-19; 101-288, eff. 1-1-20; revised 9-23-19.)
Section 10-270. The Pretrial Services Act is amended by
changing Sections 11, 20, 22, and 34 as follows:
(725 ILCS 185/11) (from Ch. 38, par. 311)
Sec. 11. No person shall be interviewed by a pretrial
services agency unless he or she has first been apprised of the
identity and purpose of the interviewer, the scope of the
interview, the right to secure legal advice, and the right to
refuse cooperation. Inquiry of the defendant shall carefully
exclude questions concerning the details of the current charge.
Statements made by the defendant during the interview, or
evidence derived therefrom, are admissible in evidence only
when the court is considering the imposition of pretrial or
posttrial conditions to bail or recognizance, or when
considering the modification of a prior release order.
(Source: P.A. 84-1449.)
(725 ILCS 185/20) (from Ch. 38, par. 320)
Sec. 20. In preparing and presenting its written reports
under Sections 17 and 19, pretrial services agencies shall in

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appropriate cases include specific recommendations for the
setting the conditions , increase, or decrease of pretrial
release bail; the release of the interviewee on his own
recognizance in sums certain; and the imposition of pretrial
conditions of pretrial release to bail or recognizance designed
to minimize the risks of nonappearance, the commission of new
offenses while awaiting trial, and other potential
interference with the orderly administration of justice. In
establishing objective internal criteria of any such
recommendation policies, the agency may utilize so-called
"point scales" for evaluating the aforementioned risks, but no
interviewee shall be considered as ineligible for particular
agency recommendations by sole reference to such procedures.
(Source: P.A. 91-357, eff. 7-29-99.)
(725 ILCS 185/22) (from Ch. 38, par. 322)
Sec. 22. If so ordered by the court, the pretrial services
agency shall prepare and submit for the court's approval and
signature a uniform release order on the uniform form
established by the Supreme Court in all cases where an
interviewee may be released from custody under conditions
contained in an agency report. Such conditions shall become
part of the conditions of pretrial release the bail bond. A
copy of the uniform release order shall be provided to the
defendant and defendant's attorney of record, and the
prosecutor.

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(Source: P.A. 84-1449.)
(725 ILCS 185/34)
Sec. 34. Probation and court services departments
considered pretrial services agencies. For the purposes of
administering the provisions of Public Act 95-773, known as the
Cindy Bischof Law, all probation and court services departments
are to be considered pretrial services agencies under this Act
and under the pretrial release bail bond provisions of the Code
of Criminal Procedure of 1963.
(Source: P.A. 96-341, eff. 8-11-09.)
Section 10-275. The Quasi-criminal and Misdemeanor Bail
Act is amended by changing the title of the Act and Sections
0.01, 1, 2, 3, and 5 as follows:
(725 ILCS 195/Act title)
An Act to authorize designated officers to let persons
charged with quasi-criminal offenses and misdemeanors to
pretrial release bail and to accept and receipt for fines on
pleas of guilty in minor offenses, in accordance with schedules
established by rule of court.
(725 ILCS 195/0.01) (from Ch. 16, par. 80)
Sec. 0.01. Short title. This Act may be cited as the
Quasi-criminal and Misdemeanor Pretrial Release Bail Act.

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(Source: P.A. 86-1324.)
(725 ILCS 195/1) (from Ch. 16, par. 81)
Sec. 1. Whenever in any circuit there shall be in force a
rule or order of the Supreme Court establishing a uniform form
schedule prescribing the conditions of pretrial release
amounts of bail for specified conservation cases, traffic
cases, quasi-criminal offenses and misdemeanors, any general
superintendent, chief, captain, lieutenant, or sergeant of
police, or other police officer, the sheriff, the circuit
clerk, and any deputy sheriff or deputy circuit clerk
designated by the Circuit Court for the purpose, are authorized
to let to pretrial release bail any person charged with a
quasi-criminal offense or misdemeanor and to accept and receipt
for bonds or cash bail in accordance with regulations
established by rule or order of the Supreme Court. Unless
otherwise provided by Supreme Court Rule, no such bail may be
posted or accepted in any place other than a police station,
sheriff's office or jail, or other county, municipal or other
building housing governmental units, or a division
headquarters building of the Illinois State Police. Bonds and
cash so received shall be delivered to the office of the
circuit clerk or that of his designated deputy as provided by
regulation. Such cash and securities so received shall be
delivered to the office of such clerk or deputy clerk within at
least 48 hours of receipt or within the time set for the

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accused's appearance in court whichever is earliest.
In all cases where a person is admitted to bail under a
uniform schedule prescribing the amount of bail for specified
conservation cases, traffic cases, quasi-criminal offenses and
misdemeanors the provisions of Section 110-15 of the "Code of
Criminal Procedure of 1963", approved August 14, 1963, as
amended by the 75th General Assembly shall be applicable.
(Source: P.A. 80-897.)
(725 ILCS 195/2) (from Ch. 16, par. 82)
Sec. 2. The conditions of the pretrial release bail bond or
deposit of cash bail shall be that the accused will appear to
answer the charge in court at a time and place specified in the
pretrial release form bond and thereafter as ordered by the
court until discharged on final order of the court and to
submit himself to the orders and process of the court. The
accused shall be furnished with an official receipt on a form
prescribed by rule of court for any cash or other security
deposited, and shall receive a copy of the pretrial release
form bond specifying the time and place of his court
appearance.
Upon performance of the conditions of the pretrial release
bond, the pretrial release form bond shall be null and void and
the accused shall be released from the conditions of pretrial
release any cash bail or other security shall be returned to
the accused.

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(Source: Laws 1963, p. 2652.)
(725 ILCS 195/3) (from Ch. 16, par. 83)
Sec. 3. In lieu of complying with the conditions of
pretrial release making bond or depositing cash bail as
provided in this Act or the deposit of other security
authorized by law, any accused person has the right to be
brought without unnecessary delay before the nearest or most
accessible judge of the circuit to be dealt with according to
law.
(Source: P.A. 77-1248.)
(725 ILCS 195/5) (from Ch. 16, par. 85)
Sec. 5. Any person authorized to accept pretrial release
bail or pleas of guilty by this Act who violates any provision
of this Act is guilty of a Class B misdemeanor.
(Source: P.A. 77-2319.)
Section 10-280. The Unified Code of Corrections is amended
by changing Sections 5-3-2, 5-5-3.2, 5-6-4, 5-6-4.1, 5-8A-7,
and 8-2-1 as follows:
(730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
Sec. 5-3-2. Presentence report.
(a) In felony cases, the presentence report shall set
forth:

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(1) the defendant's history of delinquency or
criminality, physical and mental history and condition,
family situation and background, economic status,
education, occupation and personal habits;
(2) information about special resources within the
community which might be available to assist the
defendant's rehabilitation, including treatment centers,
residential facilities, vocational training services,
correctional manpower programs, employment opportunities,
special educational programs, alcohol and drug abuse
programming, psychiatric and marriage counseling, and
other programs and facilities which could aid the
defendant's successful reintegration into society;
(3) the effect the offense committed has had upon the
victim or victims thereof, and any compensatory benefit
that various sentencing alternatives would confer on such
victim or victims;
(3.5) information provided by the victim's spouse,
guardian, parent, grandparent, and other immediate family
and household members about the effect the offense
committed has had on the victim and on the person providing
the information; if the victim's spouse, guardian, parent,
grandparent, or other immediate family or household member
has provided a written statement, the statement shall be
attached to the report;
(4) information concerning the defendant's status

10100SB1968ham001 - 450 - LRB101 08002 RLC 74920 a
since arrest, including his record if released on his own
recognizance, or the defendant's achievement record if
released on a conditional pre-trial supervision program;
(5) when appropriate, a plan, based upon the personal,
economic and social adjustment needs of the defendant,
utilizing public and private community resources as an
alternative to institutional sentencing;
(6) any other matters that the investigatory officer
deems relevant or the court directs to be included;
(7) information concerning the defendant's eligibility
for a sentence to a county impact incarceration program
under Section 5-8-1.2 of this Code; and
(8) information concerning the defendant's eligibility
for a sentence to an impact incarceration program
administered by the Department under Section 5-8-1.1.
(b) The investigation shall include a physical and mental
examination of the defendant when so ordered by the court. If
the court determines that such an examination should be made,
it shall issue an order that the defendant submit to
examination at such time and place as designated by the court
and that such examination be conducted by a physician,
psychologist or psychiatrist designated by the court. Such an
examination may be conducted in a court clinic if so ordered by
the court. The cost of such examination shall be paid by the
county in which the trial is held.
(b-5) In cases involving felony sex offenses in which the

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offender is being considered for probation only or any felony
offense that is sexually motivated as defined in the Sex
Offender Management Board Act in which the offender is being
considered for probation only, the investigation shall include
a sex offender evaluation by an evaluator approved by the Board
and conducted in conformance with the standards developed under
the Sex Offender Management Board Act. In cases in which the
offender is being considered for any mandatory prison sentence,
the investigation shall not include a sex offender evaluation.
(c) In misdemeanor, business offense or petty offense
cases, except as specified in subsection (d) of this Section,
when a presentence report has been ordered by the court, such
presentence report shall contain information on the
defendant's history of delinquency or criminality and shall
further contain only those matters listed in any of paragraphs
(1) through (6) of subsection (a) or in subsection (b) of this
Section as are specified by the court in its order for the
report.
(d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or
12-30 of the Criminal Code of 1961 or the Criminal Code of
2012, the presentence report shall set forth information about
alcohol, drug abuse, psychiatric, and marriage counseling or
other treatment programs and facilities, information on the
defendant's history of delinquency or criminality, and shall
contain those additional matters listed in any of paragraphs
(1) through (6) of subsection (a) or in subsection (b) of this

10100SB1968ham001 - 452 - LRB101 08002 RLC 74920 a
Section as are specified by the court.
(e) Nothing in this Section shall cause the defendant to be
held without pretrial release bail or to have his pretrial
release bail revoked for the purpose of preparing the
presentence report or making an examination.
(Source: P.A. 101-105, eff. 1-1-20; revised 9-24-19.)
(730 ILCS 5/5-5-3.2)
Sec. 5-5-3.2. Factors in aggravation and extended-term
sentencing.
(a) The following factors shall be accorded weight in favor
of imposing a term of imprisonment or may be considered by the
court as reasons to impose a more severe sentence under Section
5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;
(3) the defendant has a history of prior delinquency or
criminal activity;
(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular offense
committed or to bring the offenders committing it to
justice;
(5) the defendant held public office at the time of the
offense, and the offense related to the conduct of that

10100SB1968ham001 - 453 - LRB101 08002 RLC 74920 a
office;
(6) the defendant utilized his professional reputation
or position in the community to commit the offense, or to
afford him an easier means of committing it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's property;
(9) the defendant committed the offense against a
person who has a physical disability or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual; (ii)
the person or property of a person who has an association
with, is married to, or has a friendship with the other
individual; or (iii) the person or property of a relative
(by blood or marriage) of a person described in clause (i)
or (ii). For the purposes of this Section, "sexual
orientation" has the meaning ascribed to it in paragraph
(O-1) of Section 1-103 of the Illinois Human Rights Act;
(11) the offense took place in a place of worship or on
the grounds of a place of worship, immediately prior to,
during or immediately following worship services. For

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purposes of this subparagraph, "place of worship" shall
mean any church, synagogue or other building, structure or
place used primarily for religious worship;
(12) the defendant was convicted of a felony committed
while he was on pretrial release released on bail or his
own recognizance pending trial for a prior felony and was
convicted of such prior felony, or the defendant was
convicted of a felony committed while he was serving a
period of probation, conditional discharge, or mandatory
supervised release under subsection (d) of Section 5-8-1
for a prior felony;
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 11-0.1 of the Criminal Code of 2012,
teacher, scout leader, baby sitter, or day care worker, in
relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
11-14.4 except for an offense that involves keeping a place
of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

10100SB1968ham001 - 455 - LRB101 08002 RLC 74920 a
or 12-16 of the Criminal Code of 1961 or the Criminal Code
of 2012 against that victim;
(15) the defendant committed an offense related to the
activities of an organized gang. For the purposes of this
factor, "organized gang" has the meaning ascribed to it in
Section 10 of the Streetgang Terrorism Omnibus Prevention
Act;
(16) the defendant committed an offense in violation of
one of the following Sections while in a school, regardless
of the time of day or time of year; on any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity; on
the real property of a school; or on a public way within
1,000 feet of the real property comprising any school:
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
18-2, or 33A-2, or Section 12-3.05 except for subdivision
(a)(4) or (g)(1), of the Criminal Code of 1961 or the
Criminal Code of 2012;
(16.5) the defendant committed an offense in violation
of one of the following Sections while in a day care
center, regardless of the time of day or time of year; on
the real property of a day care center, regardless of the
time of day or time of year; or on a public way within

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1,000 feet of the real property comprising any day care
center, regardless of the time of day or time of year:
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
18-2, or 33A-2, or Section 12-3.05 except for subdivision
(a)(4) or (g)(1), of the Criminal Code of 1961 or the
Criminal Code of 2012;
(17) the defendant committed the offense by reason of
any person's activity as a community policing volunteer or
to prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
2012;
(18) the defendant committed the offense in a nursing
home or on the real property comprising a nursing home. For
the purposes of this paragraph (18), "nursing home" means a
skilled nursing or intermediate long term care facility
that is subject to license by the Illinois Department of
Public Health under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, the
ID/DD Community Care Act, or the MC/DD Act;
(19) the defendant was a federally licensed firearm
dealer and was previously convicted of a violation of

10100SB1968ham001 - 457 - LRB101 08002 RLC 74920 a
subsection (a) of Section 3 of the Firearm Owners
Identification Card Act and has now committed either a
felony violation of the Firearm Owners Identification Card
Act or an act of armed violence while armed with a firearm;
(20) the defendant (i) committed the offense of
reckless homicide under Section 9-3 of the Criminal Code of
1961 or the Criminal Code of 2012 or the offense of driving
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds or any combination
thereof under Section 11-501 of the Illinois Vehicle Code
or a similar provision of a local ordinance and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(21) the defendant (i) committed the offense of
reckless driving or aggravated reckless driving under
Section 11-503 of the Illinois Vehicle Code and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(22) the defendant committed the offense against a
person that the defendant knew, or reasonably should have
known, was a member of the Armed Forces of the United
States serving on active duty. For purposes of this clause
(22), the term "Armed Forces" means any of the Armed Forces
of the United States, including a member of any reserve

10100SB1968ham001 - 458 - LRB101 08002 RLC 74920 a
component thereof or National Guard unit called to active
duty;
(23) the defendant committed the offense against a
person who was elderly or infirm or who was a person with a
disability by taking advantage of a family or fiduciary
relationship with the elderly or infirm person or person
with a disability;
(24) the defendant committed any offense under Section
11-20.1 of the Criminal Code of 1961 or the Criminal Code
of 2012 and possessed 100 or more images;
(25) the defendant committed the offense while the
defendant or the victim was in a train, bus, or other
vehicle used for public transportation;
(26) the defendant committed the offense of child
pornography or aggravated child pornography, specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.1 of the Criminal Code of
1961 or the Criminal Code of 2012 where a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context
and specifically including paragraph (1), (2), (3), (4),
(5), or (7) of subsection (a) of Section 11-20.1B or
Section 11-20.3 of the Criminal Code of 1961 where a child
engaged in, solicited for, depicted in, or posed in any act
of sexual penetration or bound, fettered, or subject to

10100SB1968ham001 - 459 - LRB101 08002 RLC 74920 a
sadistic, masochistic, or sadomasochistic abuse in a
sexual context;
(27) the defendant committed the offense of first
degree murder, assault, aggravated assault, battery,
aggravated battery, robbery, armed robbery, or aggravated
robbery against a person who was a veteran and the
defendant knew, or reasonably should have known, that the
person was a veteran performing duties as a representative
of a veterans' organization. For the purposes of this
paragraph (27), "veteran" means an Illinois resident who
has served as a member of the United States Armed Forces, a
member of the Illinois National Guard, or a member of the
United States Reserve Forces; and "veterans' organization"
means an organization comprised of members of which
substantially all are individuals who are veterans or
spouses, widows, or widowers of veterans, the primary
purpose of which is to promote the welfare of its members
and to provide assistance to the general public in such a
way as to confer a public benefit;
(28) the defendant committed the offense of assault,
aggravated assault, battery, aggravated battery, robbery,
armed robbery, or aggravated robbery against a person that
the defendant knew or reasonably should have known was a
letter carrier or postal worker while that person was
performing his or her duties delivering mail for the United
States Postal Service;

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(29) the defendant committed the offense of criminal
sexual assault, aggravated criminal sexual assault,
criminal sexual abuse, or aggravated criminal sexual abuse
against a victim with an intellectual disability, and the
defendant holds a position of trust, authority, or
supervision in relation to the victim;
(30) the defendant committed the offense of promoting
juvenile prostitution, patronizing a prostitute, or
patronizing a minor engaged in prostitution and at the time
of the commission of the offense knew that the prostitute
or minor engaged in prostitution was in the custody or
guardianship of the Department of Children and Family
Services;
(31) the defendant (i) committed the offense of driving
while under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds or any combination
thereof in violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance
and (ii) the defendant during the commission of the offense
was driving his or her vehicle upon a roadway designated
for one-way traffic in the opposite direction of the
direction indicated by official traffic control devices;
or
(32) the defendant committed the offense of reckless
homicide while committing a violation of Section 11-907 of
the Illinois Vehicle Code; .

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(33) (32) the defendant was found guilty of an
administrative infraction related to an act or acts of
public indecency or sexual misconduct in the penal
institution. In this paragraph (33) (32), "penal
institution" has the same meaning as in Section 2-14 of the
Criminal Code of 2012; or .
(34) (32) the defendant committed the offense of
leaving the scene of an accident in violation of subsection
(b) of Section 11-401 of the Illinois Vehicle Code and the
accident resulted in the death of a person and at the time
of the offense, the defendant was: (i) driving under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds or any combination thereof as defined
by Section 11-501 of the Illinois Vehicle Code; or (ii)
operating the motor vehicle while using an electronic
communication device as defined in Section 12-610.2 of the
Illinois Vehicle Code.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State certified
and licensed day care center as defined in Section 2.09 of the
Child Care Act of 1969 that displays a sign in plain view
stating that the property is a day care center.
"Intellectual disability" means significantly subaverage
intellectual functioning which exists concurrently with

10100SB1968ham001 - 462 - LRB101 08002 RLC 74920 a
impairment in adaptive behavior.
"Public transportation" means the transportation or
conveyance of persons by means available to the general public,
and includes paratransit services.
"Traffic control devices" means all signs, signals,
markings, and devices that conform to the Illinois Manual on
Uniform Traffic Control Devices, placed or erected by authority
of a public body or official having jurisdiction, for the
purpose of regulating, warning, or guiding traffic.
(b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
(1) When a defendant is convicted of any felony, after
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or greater
class felony, when such conviction has occurred within 10
years after the previous conviction, excluding time spent
in custody, and such charges are separately brought and
tried and arise out of different series of acts; or
(2) When a defendant is convicted of any felony and the
court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time of

10100SB1968ham001 - 463 - LRB101 08002 RLC 74920 a
the offense or such person's property;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person who had a physical disability at the
time of the offense or such person's property; or
(4) When a defendant is convicted of any felony and the
offense involved any of the following types of specific
misconduct committed as part of a ceremony, rite,
initiation, observance, performance, practice or activity
of any actual or ostensible religious, fraternal, or social
group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or
other building or property; or
(v) ritualized abuse of a child; or
(5) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of management
or leadership, and the court further finds that the felony

10100SB1968ham001 - 464 - LRB101 08002 RLC 74920 a
committed was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the
defendant's leadership in an organized gang; or
(6) When a defendant is convicted of an offense
committed while using a firearm with a laser sight attached
to it. For purposes of this paragraph, "laser sight" has
the meaning ascribed to it in Section 26-7 of the Criminal
Code of 2012; or
(7) When a defendant who was at least 17 years of age
at the time of the commission of the offense is convicted
of a felony and has been previously adjudicated a
delinquent minor under the Juvenile Court Act of 1987 for
an act that if committed by an adult would be a Class X or
Class 1 felony when the conviction has occurred within 10
years after the previous adjudication, excluding time
spent in custody; or
(8) When a defendant commits any felony and the
defendant used, possessed, exercised control over, or
otherwise directed an animal to assault a law enforcement
officer engaged in the execution of his or her official
duties or in furtherance of the criminal activities of an
organized gang in which the defendant is engaged; or
(9) When a defendant commits any felony and the
defendant knowingly video or audio records the offense with
the intent to disseminate the recording.
(c) The following factors may be considered by the court as

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reasons to impose an extended term sentence under Section 5-8-2
(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
(1) When a defendant is convicted of first degree
murder, after having been previously convicted in Illinois
of any offense listed under paragraph (c)(2) of Section
5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and the charges are separately
brought and tried and arise out of different series of
acts.
(1.5) When a defendant is convicted of first degree
murder, after having been previously convicted of domestic
battery (720 ILCS 5/12-3.2) or aggravated domestic battery
(720 ILCS 5/12-3.3) committed on the same victim or after
having been previously convicted of violation of an order
of protection (720 ILCS 5/12-30) in which the same victim
was the protected person.
(2) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter, or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual.
(3) When a defendant is convicted of aggravated
criminal sexual assault or criminal sexual assault, when
there is a finding that aggravated criminal sexual assault
or criminal sexual assault was also committed on the same

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victim by one or more other individuals, and the defendant
voluntarily participated in the crime with the knowledge of
the participation of the others in the crime, and the
commission of the crime was part of a single course of
conduct during which there was no substantial change in the
nature of the criminal objective.
(4) If the victim was under 18 years of age at the time
of the commission of the offense, when a defendant is
convicted of aggravated criminal sexual assault or
predatory criminal sexual assault of a child under
subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
of Section 12-14.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
(5) When a defendant is convicted of a felony violation
of Section 24-1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
finding that the defendant is a member of an organized
gang.
(6) When a defendant was convicted of unlawful use of
weapons under Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
a weapon that is not readily distinguishable as one of the
weapons enumerated in Section 24-1 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled

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substance under Section 401 of the Illinois Controlled
Substances Act (720 ILCS 570/401), the illegal manufacture
of methamphetamine under Section 25 of the Methamphetamine
Control and Community Protection Act (720 ILCS 646/25), or
the illegal possession of explosives and an emergency
response officer in the performance of his or her duties is
killed or injured at the scene of the offense while
responding to the emergency caused by the commission of the
offense. In this paragraph, "emergency" means a situation
in which a person's life, health, or safety is in jeopardy;
and "emergency response officer" means a peace officer,
community policing volunteer, fireman, emergency medical
technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency
room personnel.
(8) When the defendant is convicted of attempted mob
action, solicitation to commit mob action, or conspiracy to
commit mob action under Section 8-1, 8-2, or 8-4 of the
Criminal Code of 2012, where the criminal object is a
violation of Section 25-1 of the Criminal Code of 2012, and
an electronic communication is used in the commission of
the offense. For the purposes of this paragraph (8),
"electronic communication" shall have the meaning provided
in Section 26.5-0.1 of the Criminal Code of 2012.

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(d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(e) The court may impose an extended term sentence under
Article 4.5 of Chapter V upon an offender who has been
convicted of a felony violation of Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
when the victim of the offense is under 18 years of age at the
time of the commission of the offense and, during the
commission of the offense, the victim was under the influence
of alcohol, regardless of whether or not the alcohol was
supplied by the offender; and the offender, at the time of the
commission of the offense, knew or should have known that the
victim had consumed alcohol.
(Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20;
101-401, eff. 1-1-20; 101-417, eff. 1-1-20; revised 9-18-19.)
(730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
Sec. 5-6-4. Violation, Modification or Revocation of
Probation, of Conditional Discharge or Supervision or of a
sentence of county impact incarceration - Hearing.
(a) Except in cases where conditional discharge or
supervision was imposed for a petty offense as defined in
Section 5-1-17, when a petition is filed charging a violation
of a condition, the court may:

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(1) in the case of probation violations, order the
issuance of a notice to the offender to be present by the
County Probation Department or such other agency
designated by the court to handle probation matters; and in
the case of conditional discharge or supervision
violations, such notice to the offender shall be issued by
the Circuit Court Clerk; and in the case of a violation of
a sentence of county impact incarceration, such notice
shall be issued by the Sheriff;
(2) order a summons to the offender to be present for
hearing; or
(3) order a warrant for the offender's arrest where
there is danger of his fleeing the jurisdiction or causing
serious harm to others or when the offender fails to answer
a summons or notice from the clerk of the court or Sheriff.
Personal service of the petition for violation of probation
or the issuance of such warrant, summons or notice shall toll
the period of probation, conditional discharge, supervision,
or sentence of county impact incarceration until the final
determination of the charge, and the term of probation,
conditional discharge, supervision, or sentence of county
impact incarceration shall not run until the hearing and
disposition of the petition for violation.
(b) The court shall conduct a hearing of the alleged
violation. The court shall admit the offender to pretrial
release bail pending the hearing unless the alleged violation

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is itself a criminal offense in which case the offender shall
be admitted to pretrial release bail on such terms as are
provided in the Code of Criminal Procedure of 1963, as amended.
In any case where an offender remains incarcerated only as a
result of his alleged violation of the court's earlier order of
probation, supervision, conditional discharge, or county
impact incarceration such hearing shall be held within 14 days
of the onset of said incarceration, unless the alleged
violation is the commission of another offense by the offender
during the period of probation, supervision or conditional
discharge in which case such hearing shall be held within the
time limits described in Section 103-5 of the Code of Criminal
Procedure of 1963, as amended.
(c) The State has the burden of going forward with the
evidence and proving the violation by the preponderance of the
evidence. The evidence shall be presented in open court with
the right of confrontation, cross-examination, and
representation by counsel.
(d) Probation, conditional discharge, periodic
imprisonment and supervision shall not be revoked for failure
to comply with conditions of a sentence or supervision, which
imposes financial obligations upon the offender unless such
failure is due to his willful refusal to pay.
(e) If the court finds that the offender has violated a
condition at any time prior to the expiration or termination of
the period, it may continue him on the existing sentence, with

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or without modifying or enlarging the conditions, or may impose
any other sentence that was available under Article 4.5 of
Chapter V of this Code or Section 11-501 of the Illinois
Vehicle Code at the time of initial sentencing. If the court
finds that the person has failed to successfully complete his
or her sentence to a county impact incarceration program, the
court may impose any other sentence that was available under
Article 4.5 of Chapter V of this Code or Section 11-501 of the
Illinois Vehicle Code at the time of initial sentencing, except
for a sentence of probation or conditional discharge. If the
court finds that the offender has violated paragraph (8.6) of
subsection (a) of Section 5-6-3, the court shall revoke the
probation of the offender. If the court finds that the offender
has violated subsection (o) of Section 5-6-3.1, the court shall
revoke the supervision of the offender.
(f) The conditions of probation, of conditional discharge,
of supervision, or of a sentence of county impact incarceration
may be modified by the court on motion of the supervising
agency or on its own motion or at the request of the offender
after notice and a hearing.
(g) A judgment revoking supervision, probation,
conditional discharge, or a sentence of county impact
incarceration is a final appealable order.
(h) Resentencing after revocation of probation,
conditional discharge, supervision, or a sentence of county
impact incarceration shall be under Article 4. The term on

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probation, conditional discharge or supervision shall not be
credited by the court against a sentence of imprisonment or
periodic imprisonment unless the court orders otherwise. The
amount of credit to be applied against a sentence of
imprisonment or periodic imprisonment when the defendant
served a term or partial term of periodic imprisonment shall be
calculated upon the basis of the actual days spent in
confinement rather than the duration of the term.
(i) Instead of filing a violation of probation, conditional
discharge, supervision, or a sentence of county impact
incarceration, an agent or employee of the supervising agency
with the concurrence of his or her supervisor may serve on the
defendant a Notice of Intermediate Sanctions. The Notice shall
contain the technical violation or violations involved, the
date or dates of the violation or violations, and the
intermediate sanctions to be imposed. Upon receipt of the
Notice, the defendant shall immediately accept or reject the
intermediate sanctions. If the sanctions are accepted, they
shall be imposed immediately. If the intermediate sanctions are
rejected or the defendant does not respond to the Notice, a
violation of probation, conditional discharge, supervision, or
a sentence of county impact incarceration shall be immediately
filed with the court. The State's Attorney and the sentencing
court shall be notified of the Notice of Sanctions. Upon
successful completion of the intermediate sanctions, a court
may not revoke probation, conditional discharge, supervision,

10100SB1968ham001 - 473 - LRB101 08002 RLC 74920 a
or a sentence of county impact incarceration or impose
additional sanctions for the same violation. A notice of
intermediate sanctions may not be issued for any violation of
probation, conditional discharge, supervision, or a sentence
of county impact incarceration which could warrant an
additional, separate felony charge. The intermediate sanctions
shall include a term of home detention as provided in Article
8A of Chapter V of this Code for multiple or repeat violations
of the terms and conditions of a sentence of probation,
conditional discharge, or supervision.
(j) When an offender is re-sentenced after revocation of
probation that was imposed in combination with a sentence of
imprisonment for the same offense, the aggregate of the
sentences may not exceed the maximum term authorized under
Article 4.5 of Chapter V.
(k)(1) On and after the effective date of this amendatory
Act of the 101st General Assembly, this subsection (k) shall
apply to arrest warrants in Cook County only. An arrest warrant
issued under paragraph (3) of subsection (a) when the
underlying conviction is for the offense of theft, retail
theft, or possession of a controlled substance shall remain
active for a period not to exceed 10 years from the date the
warrant was issued unless a motion to extend the warrant is
filed by the office of the State's Attorney or by, or on behalf
of, the agency supervising the wanted person. A motion to
extend the warrant shall be filed within one year before the

10100SB1968ham001 - 474 - LRB101 08002 RLC 74920 a
warrant expiration date and notice shall be provided to the
office of the sheriff.
(2) If a motion to extend a warrant issued under paragraph
(3) of subsection (a) is not filed, the warrant shall be
quashed and recalled as a matter of law under paragraph (1) of
this subsection (k) and the wanted person's period of
probation, conditional discharge, or supervision shall
terminate unsatisfactorily as a matter of law.
(Source: P.A. 101-406, eff. 1-1-20.)
(730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1)
Sec. 5-6-4.1. Violation, Modification or Revocation of
Conditional Discharge or Supervision - Hearing.)
(a) In cases where a defendant was placed upon supervision
or conditional discharge for the commission of a petty offense,
upon the oral or written motion of the State, or on the court's
own motion, which charges that a violation of a condition of
that conditional discharge or supervision has occurred, the
court may:
(1) Conduct a hearing instanter if the offender is
present in court;
(2) Order the issuance by the court clerk of a notice
to the offender to be present for a hearing for violation;
(3) Order summons to the offender to be present; or
(4) Order a warrant for the offender's arrest.
The oral motion, if the defendant is present, or the

10100SB1968ham001 - 475 - LRB101 08002 RLC 74920 a
issuance of such warrant, summons or notice shall toll the
period of conditional discharge or supervision until the final
determination of the charge, and the term of conditional
discharge or supervision shall not run until the hearing and
disposition of the petition for violation.
(b) The Court shall admit the offender to pretrial release
bail pending the hearing.
(c) The State has the burden of going forward with the
evidence and proving the violation by the preponderance of the
evidence. The evidence shall be presented in open court with
the right of confrontation, cross-examination, and
representation by counsel.
(d) Conditional discharge or supervision shall not be
revoked for failure to comply with the conditions of the
discharge or supervision which imposed financial obligations
upon the offender unless such failure is due to his wilful
refusal to pay.
(e) If the court finds that the offender has violated a
condition at any time prior to the expiration or termination of
the period, it may continue him on the existing sentence or
supervision with or without modifying or enlarging the
conditions, or may impose any other sentence that was available
under Article 4.5 of Chapter V of this Code or Section 11-501
of the Illinois Vehicle Code at the time of initial sentencing.
(f) The conditions of conditional discharge and of
supervision may be modified by the court on motion of the

10100SB1968ham001 - 476 - LRB101 08002 RLC 74920 a
probation officer or on its own motion or at the request of the
offender after notice to the defendant and a hearing.
(g) A judgment revoking supervision is a final appealable
order.
(h) Resentencing after revocation of conditional discharge
or of supervision shall be under Article 4. Time served on
conditional discharge or supervision shall be credited by the
court against a sentence of imprisonment or periodic
imprisonment unless the court orders otherwise.
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-8A-7)
Sec. 5-8A-7. Domestic violence surveillance program. If
the Prisoner Review Board, Department of Corrections,
Department of Juvenile Justice, or court (the supervising
authority) orders electronic surveillance as a condition of
parole, aftercare release, mandatory supervised release, early
release, probation, or conditional discharge for a violation of
an order of protection or as a condition of pretrial release
bail for a person charged with a violation of an order of
protection, the supervising authority shall use the best
available global positioning technology to track domestic
violence offenders. Best available technology must have
real-time and interactive capabilities that facilitate the
following objectives: (1) immediate notification to the
supervising authority of a breach of a court ordered exclusion

10100SB1968ham001 - 477 - LRB101 08002 RLC 74920 a
zone; (2) notification of the breach to the offender; and (3)
communication between the supervising authority, law
enforcement, and the victim, regarding the breach. The
supervising authority may also require that the electronic
surveillance ordered under this Section monitor the
consumption of alcohol or drugs.
(Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16;
100-201, eff. 8-18-17.)
(730 ILCS 5/8-2-1) (from Ch. 38, par. 1008-2-1)
Sec. 8-2-1. Saving Clause.
The repeal of Acts or parts of Acts enumerated in Section
8-5-1 does not: (1) affect any offense committed, act done,
prosecution pending, penalty, punishment or forfeiture
incurred, or rights, powers or remedies accrued under any law
in effect immediately prior to the effective date of this Code;
(2) impair, avoid, or affect any grant or conveyance made or
right acquired or cause of action then existing under any such
repealed Act or amendment thereto; (3) affect or impair the
validity of any pretrial release bail or other bond or other
obligation issued or sold and constituting a valid obligation
of the issuing authority immediately prior to the effective
date of this Code; (4) the validity of any contract; or (5) the
validity of any tax levied under any law in effect prior to the
effective date of this Code. The repeal of any validating Act
or part thereof shall not avoid the effect of the validation.

10100SB1968ham001 - 478 - LRB101 08002 RLC 74920 a
No Act repealed by Section 8-5-1 shall repeal any Act or part
thereof which embraces the same or a similar subject matter as
the Act repealed.
(Source: P.A. 78-255.)
Section 10-281. The Unified Code of Corrections is amended
by changing Sections 3-6-3, 5-4-1, 5-4.5-95, 5-4.5-100, 5-8-1,
5-8-6, 5-8A-2, 5-8A-4, and 5-8A-4.1 and by adding 5-6-3.8 as
follows:
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
Sec. 3-6-3. Rules and regulations for sentence credit.
(a)(1) The Department of Corrections shall prescribe rules
and regulations for awarding and revoking sentence credit for
persons committed to the Department which shall be subject to
review by the Prisoner Review Board.
(1.5) As otherwise provided by law, sentence credit may be
awarded for the following:
(A) successful completion of programming while in
custody of the Department or while in custody prior to
sentencing;
(B) compliance with the rules and regulations of the
Department; or
(C) service to the institution, service to a community,
or service to the State.
(2) Except as provided in paragraph (4.7) of this

10100SB1968ham001 - 479 - LRB101 08002 RLC 74920 a
subsection (a), the rules and regulations on sentence credit
shall provide, with respect to offenses listed in clause (i),
(ii), or (iii) of this paragraph (2) committed on or after June
19, 1998 or with respect to the offense listed in clause (iv)
of this paragraph (2) committed on or after June 23, 2005 (the
effective date of Public Act 94-71) or with respect to offense
listed in clause (vi) committed on or after June 1, 2008 (the
effective date of Public Act 95-625) or with respect to the
offense of being an armed habitual criminal committed on or
after August 2, 2005 (the effective date of Public Act 94-398)
or with respect to the offenses listed in clause (v) of this
paragraph (2) committed on or after August 13, 2007 (the
effective date of Public Act 95-134) or with respect to the
offense of aggravated domestic battery committed on or after
July 23, 2010 (the effective date of Public Act 96-1224) or
with respect to the offense of attempt to commit terrorism
committed on or after January 1, 2013 (the effective date of
Public Act 97-990), the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder or for the offense of
terrorism shall receive no sentence credit and shall serve
the entire sentence imposed by the court;
(ii) that a prisoner serving a sentence for attempt to
commit terrorism, attempt to commit first degree murder,
solicitation of murder, solicitation of murder for hire,
intentional homicide of an unborn child, predatory

10100SB1968ham001 - 480 - LRB101 08002 RLC 74920 a
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, aggravated
kidnapping, aggravated battery with a firearm as described
in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
(e)(4) of Section 12-3.05, heinous battery as described in
Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
being an armed habitual criminal, aggravated battery of a
senior citizen as described in Section 12-4.6 or
subdivision (a)(4) of Section 12-3.05, or aggravated
battery of a child as described in Section 12-4.3 or
subdivision (b)(1) of Section 12-3.05 shall receive no more
than 4.5 days of sentence credit for each month of his or
her sentence of imprisonment;
(iii) that a prisoner serving a sentence for home
invasion, armed robbery, aggravated vehicular hijacking,
aggravated discharge of a firearm, or armed violence with a
category I weapon or category II weapon, when the court has
made and entered a finding, pursuant to subsection (c-1) of
Section 5-4-1 of this Code, that the conduct leading to
conviction for the enumerated offense resulted in great
bodily harm to a victim, shall receive no more than 4.5
days of sentence credit for each month of his or her
sentence of imprisonment;
(iv) that a prisoner serving a sentence for aggravated
discharge of a firearm, whether or not the conduct leading
to conviction for the offense resulted in great bodily harm

10100SB1968ham001 - 481 - LRB101 08002 RLC 74920 a
to the victim, shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment;
(v) that a person serving a sentence for gunrunning,
narcotics racketeering, controlled substance trafficking,
methamphetamine trafficking, drug-induced homicide,
aggravated methamphetamine-related child endangerment,
money laundering pursuant to clause (c) (4) or (5) of
Section 29B-1 of the Criminal Code of 1961 or the Criminal
Code of 2012, or a Class X felony conviction for delivery
of a controlled substance, possession of a controlled
substance with intent to manufacture or deliver,
calculated criminal drug conspiracy, criminal drug
conspiracy, street gang criminal drug conspiracy,
participation in methamphetamine manufacturing, aggravated
participation in methamphetamine manufacturing, delivery
of methamphetamine, possession with intent to deliver
methamphetamine, aggravated delivery of methamphetamine,
aggravated possession with intent to deliver
methamphetamine, methamphetamine conspiracy when the
substance containing the controlled substance or
methamphetamine is 100 grams or more shall receive no more
than 7.5 days sentence credit for each month of his or her
sentence of imprisonment;
(vi) that a prisoner serving a sentence for a second or
subsequent offense of luring a minor shall receive no more

10100SB1968ham001 - 482 - LRB101 08002 RLC 74920 a
than 4.5 days of sentence credit for each month of his or
her sentence of imprisonment; and
(vii) that a prisoner serving a sentence for aggravated
domestic battery shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment.
(2.1) For all offenses, other than those enumerated in
subdivision (a)(2)(i), (ii), or (iii) committed on or after
June 19, 1998 or subdivision (a)(2)(iv) committed on or after
June 23, 2005 (the effective date of Public Act 94-71) or
subdivision (a)(2)(v) committed on or after August 13, 2007
(the effective date of Public Act 95-134) or subdivision
(a)(2)(vi) committed on or after June 1, 2008 (the effective
date of Public Act 95-625) or subdivision (a)(2)(vii) committed
on or after July 23, 2010 (the effective date of Public Act
96-1224), and other than the offense of aggravated driving
under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination thereof
as defined in subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of the Illinois Vehicle Code, and other
than the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code committed on or after
January 1, 2011 (the effective date of Public Act 96-1230), the

10100SB1968ham001 - 483 - LRB101 08002 RLC 74920 a
rules and regulations shall provide that a prisoner who is
serving a term of imprisonment shall receive one day of
sentence credit for each day of his or her sentence of
imprisonment or recommitment under Section 3-3-9. Each day of
sentence credit shall reduce by one day the prisoner's period
of imprisonment or recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life
imprisonment or a prisoner who has been sentenced to death
shall receive no sentence credit.
(2.3) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof as defined in subparagraph (F) of paragraph
(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
Code, shall receive no more than 4.5 days of sentence credit
for each month of his or her sentence of imprisonment.
(2.4) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide with respect to the offenses of aggravated
battery with a machine gun or a firearm equipped with any
device or attachment designed or used for silencing the report
of a firearm or aggravated discharge of a machine gun or a
firearm equipped with any device or attachment designed or used
for silencing the report of a firearm, committed on or after

10100SB1968ham001 - 484 - LRB101 08002 RLC 74920 a
July 15, 1999 (the effective date of Public Act 91-121), that a
prisoner serving a sentence for any of these offenses shall
receive no more than 4.5 days of sentence credit for each month
of his or her sentence of imprisonment.
(2.5) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated arson committed on or after July 27, 2001 (the
effective date of Public Act 92-176) shall receive no more than
4.5 days of sentence credit for each month of his or her
sentence of imprisonment.
(2.6) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds or any
combination thereof as defined in subparagraph (C) of paragraph
(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
Code committed on or after January 1, 2011 (the effective date
of Public Act 96-1230) shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment.
(3) In addition to the sentence credits earned under
paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
subsection (a), the rules and regulations shall also provide
that the Director may award up to 180 days of earned sentence

10100SB1968ham001 - 485 - LRB101 08002 RLC 74920 a
credit for prisoners serving a sentence of incarceration of
less than 5 years, and up to 365 days of earned sentence credit
for prisoners serving a sentence of 5 years or longer. The
Director may grant this credit for good conduct in specific
instances as the Director deems proper. The good conduct may
include, but is not limited to, compliance with the rules and
regulations of the Department, service to the Department,
service to a community, or service to the State.
Eligible inmates for an award of earned sentence credit
under this paragraph (3) may be selected to receive the credit
at the Director's or his or her designee's sole discretion.
Eligibility for the additional earned sentence credit under
this paragraph (3) may shall be based on, but is not limited
to, participation in programming offered by the department as
appropriate for the prisoner based on the results of any
available risk/needs assessment or other relevant assessments
or evaluations administered by the Department using a validated
instrument, the circumstances of the crime, demonstrated
commitment to rehabilitation by a prisoner with a any history
of conviction for a forcible felony enumerated in Section 2-8
of the Criminal Code of 2012, the inmate's behavior and
improvements in disciplinary history while incarcerated, and
the inmate's commitment to rehabilitation, including
participation in programming offered by the Department.
The Director shall not award sentence credit under this
paragraph (3) to an inmate unless the inmate has served a

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minimum of 60 days of the sentence; except nothing in this
paragraph shall be construed to permit the Director to extend
an inmate's sentence beyond that which was imposed by the
court. Prior to awarding credit under this paragraph (3), the
Director shall make a written determination that the inmate:
(A) is eligible for the earned sentence credit;
(B) has served a minimum of 60 days, or as close to 60
days as the sentence will allow;
(B-1) has received a risk/needs assessment or other
relevant evaluation or assessment administered by the
Department using a validated instrument; and
(C) has met the eligibility criteria established by
rule for earned sentence credit.
The Director shall determine the form and content of the
written determination required in this subsection.
(3.5) The Department shall provide annual written reports
to the Governor and the General Assembly on the award of earned
sentence credit no later than February 1 of each year. The
Department must publish both reports on its website within 48
hours of transmitting the reports to the Governor and the
General Assembly. The reports must include:
(A) the number of inmates awarded earned sentence
credit;
(B) the average amount of earned sentence credit
awarded;
(C) the holding offenses of inmates awarded earned

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sentence credit; and
(D) the number of earned sentence credit revocations.
(4)(A) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall also provide
that any prisoner who the sentence credit accumulated and
retained under paragraph (2.1) of subsection (a) of this
Section by any inmate during specific periods of time in which
such inmate is engaged full-time in substance abuse programs,
correctional industry assignments, educational programs,
work-release programs or activities in accordance with 730 ILCS
5/3-13-1 et seq., behavior modification programs, life skills
courses, or re-entry planning provided by the Department under
this paragraph (4) and satisfactorily completes the assigned
program as determined by the standards of the Department, shall
receive [one day] of sentence credit for each day in which that
prisoner is engaged in the activities described in this
paragraph be multiplied by a factor of 1.25 for program
participation before August 11, 1993 and 1.50 for program
participation on or after that date. The rules and regulations
shall also provide that sentence credit, subject to the same
offense limits and multiplier provided in this paragraph, may
be provided to an inmate who was held in pre-trial detention
prior to his or her current commitment to the Department of
Corrections and successfully completed a full-time, 60-day or
longer substance abuse program, educational program, behavior
modification program, life skills course, or re-entry planning

10100SB1968ham001 - 488 - LRB101 08002 RLC 74920 a
provided by the county department of corrections or county
jail. Calculation of this county program credit shall be done
at sentencing as provided in Section 5-4.5-100 of this Code and
shall be included in the sentencing order. The rules and
regulations shall also provide that sentence credit may be
provided to an inmate who is in compliance with programming
requirements in an adult transition center. However, no inmate
shall be eligible for the additional sentence credit under this
paragraph (4) or (4.1) of this subsection (a) while assigned to
a boot camp or electronic detention.
(B) The Department shall award sentence credit under this
paragraph (4) accumulated prior to January 1, 2020 (the
effective date of Public Act 101-440) this amendatory Act of
the 101st General Assembly in an amount specified in
subparagraph (C) of this paragraph (4) to an inmate serving a
sentence for an offense committed prior to June 19, 1998, if
the Department determines that the inmate is entitled to this
sentence credit, based upon:
(i) documentation provided by the Department that the
inmate engaged in any full-time substance abuse programs,
correctional industry assignments, educational programs,
behavior modification programs, life skills courses, or
re-entry planning provided by the Department under this
paragraph (4) and satisfactorily completed the assigned
program as determined by the standards of the Department
during the inmate's current term of incarceration; or

10100SB1968ham001 - 489 - LRB101 08002 RLC 74920 a
(ii) the inmate's own testimony in the form of an
affidavit or documentation, or a third party's
documentation or testimony in the form of an affidavit that
the inmate likely engaged in any full-time substance abuse
programs, correctional industry assignments, educational
programs, behavior modification programs, life skills
courses, or re-entry planning provided by the Department
under paragraph (4) and satisfactorily completed the
assigned program as determined by the standards of the
Department during the inmate's current term of
incarceration.
(C) If the inmate can provide documentation that he or she
is entitled to sentence credit under subparagraph (B) in excess
of 45 days of participation in those programs, the inmate shall
receive 90 days of sentence credit. If the inmate cannot
provide documentation of more than 45 days of participation in
those programs, the inmate shall receive 45 days of sentence
credit. In the event of a disagreement between the Department
and the inmate as to the amount of credit accumulated under
subparagraph (B), if the Department provides documented proof
of a lesser amount of days of participation in those programs,
that proof shall control. If the Department provides no
documentary proof, the inmate's proof as set forth in clause
(ii) of subparagraph (B) shall control as to the amount of
sentence credit provided.
(D) If the inmate has been convicted of a sex offense as

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defined in Section 2 of the Sex Offender Registration Act,
sentencing credits under subparagraph (B) of this paragraph (4)
shall be awarded by the Department only if the conditions set
forth in paragraph (4.6) of subsection (a) are satisfied. No
inmate serving a term of natural life imprisonment shall
receive sentence credit under subparagraph (B) of this
paragraph (4).
Educational, vocational, substance abuse, behavior
modification programs, life skills courses, re-entry planning,
and correctional industry programs under which sentence credit
may be earned increased under this paragraph (4) and paragraph
(4.1) of this subsection (a) shall be evaluated by the
Department on the basis of documented standards. The Department
shall report the results of these evaluations to the Governor
and the General Assembly by September 30th of each year. The
reports shall include data relating to the recidivism rate
among program participants.
Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General Assembly
for these purposes. Eligible inmates who are denied immediate
admission shall be placed on a waiting list under criteria
established by the Department. The rules and regulations shall
provide that a prisoner who has been placed on a waiting list
but is transferred for non-disciplinary reasons before
beginning a program shall receive priority placement on the
waitlist for appropriate programs at the new facility. The

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inability of any inmate to become engaged in any such programs
by reason of insufficient program resources or for any other
reason established under the rules and regulations of the
Department shall not be deemed a cause of action under which
the Department or any employee or agent of the Department shall
be liable for damages to the inmate. The rules and regulations
shall provide that a prisoner who begins an educational,
vocational, substance abuse, work-release programs or
activities in accordance with 730 ILCS 5/3-13-1 et seq.,
behavior modification program, life skills course, re-entry
planning, or correctional industry programs but is unable to
complete the program due to illness, disability, transfer,
lockdown, or another reason outside of the prisoner's control
shall receive prorated sentence credits for the days in which
the prisoner did participate.
(4.1) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall also provide
that an additional 90 days of sentence credit shall be awarded
to any prisoner who passes high school equivalency testing
while the prisoner is committed to the Department of
Corrections. The sentence credit awarded under this paragraph
(4.1) shall be in addition to, and shall not affect, the award
of sentence credit under any other paragraph of this Section,
but shall also be pursuant to the guidelines and restrictions
set forth in paragraph (4) of subsection (a) of this Section.
The sentence credit provided for in this paragraph shall be

10100SB1968ham001 - 492 - LRB101 08002 RLC 74920 a
available only to those prisoners who have not previously
earned a high school diploma or a high school equivalency
certificate. If, after an award of the high school equivalency
testing sentence credit has been made, the Department
determines that the prisoner was not eligible, then the award
shall be revoked. The Department may also award 90 days of
sentence credit to any committed person who passed high school
equivalency testing while he or she was held in pre-trial
detention prior to the current commitment to the Department of
Corrections. Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall provide that an
additional 120 days of sentence credit shall be awarded to any
prisoner who obtains a associate degree while the prisoner is
committed to the Department of Corrections, regardless of the
date that the associate degree was obtained, including if prior
to the effective date of this amendatory Act of the 101st
General Assembly. The sentence credit awarded under this
paragraph (4.1) shall be in addition to, and shall not affect,
the award of sentence credit under any other paragraph of this
Section, but shall also be under the guidelines and
restrictions set forth in paragraph (4) of subsection (a) of
this Section. The sentence credit provided for in this
paragraph (4.1) shall be available only to those prisoners who
have not previously earned an associate degree prior to the
current commitment to the Department of Corrections. If, after
an award of the associate degree sentence credit has been made

10100SB1968ham001 - 493 - LRB101 08002 RLC 74920 a
and the Department determines that the prisoner was not
eligible, then the award shall be revoked. The Department may
also award 120 days of sentence credit to any committed person
who earned an associate degree while he or she was held in
pre-trial detention prior to the current commitment to the
Department of Corrections.
Except as provided in paragraph (4.7) of this subsection
(a), the rules and regulations shall provide that an additional
180 days of sentence credit shall be awarded to any prisoner
who obtains a bachelor's degree while the prisoner is committed
to the Department of Corrections. The sentence credit awarded
under this paragraph (4.1) shall be in addition to, and shall
not affect, the award of sentence credit under any other
paragraph of this Section, but shall also be under the
guidelines and restrictions set forth in paragraph (4) of this
subsection (a). The sentence credit provided for in this
paragraph shall be available only to those prisoners who have
not earned a bachelor's degree prior to the current commitment
to the Department of Corrections. If, after an award of the
bachelor's degree sentence credit has been made, the Department
determines that the prisoner was not eligible, then the award
shall be revoked. The Department may also award 180 days of
sentence credit to any committed person who earned a bachelor's
degree while he or she was held in pre-trial detention prior to
the current commitment to the Department of Corrections.
Except as provided in paragraph (4.7) of this subsection

10100SB1968ham001 - 494 - LRB101 08002 RLC 74920 a
(a), the rules and regulations shall provide that an additional
180 days of sentence credit shall be awarded to any prisoner
who obtains a master's or professional degree while the
prisoner is committed to the Department of Corrections. The
sentence credit awarded under this paragraph (4.1) shall be in
addition to, and shall not affect, the award of sentence credit
under any other paragraph of this Section, but shall also be
under the guidelines and restrictions set forth in paragraph
(4) of this subsection (a). The sentence credit provided for in
this paragraph shall be available only to those prisoners who
have not previously earned a master's or professional degree
prior to the current commitment to the Department of
Corrections. If, after an award of the master's or professional
degree sentence credit has been made, the Department determines
that the prisoner was not eligible, then the award shall be
revoked. The Department may also award 180 days of sentence
credit to any committed person who earned a master's or
professional degree while he or she was held in pre-trial
detention prior to the current commitment to the Department of
Corrections.
(4.2) The rules and regulations shall also provide that any
prisoner engaged in self-improvement programs, volunteer work,
or work assignments that are not otherwise eligible activities
under section (4), shall receive up to 0.5 days of sentence
credit for each day in which the prisoner is engaged in
activities described in this paragraph.

10100SB1968ham001 - 495 - LRB101 08002 RLC 74920 a
(4.5) The rules and regulations on sentence credit shall
also provide that when the court's sentencing order recommends
a prisoner for substance abuse treatment and the crime was
committed on or after September 1, 2003 (the effective date of
Public Act 93-354), the prisoner shall receive no sentence
credit awarded under clause (3) of this subsection (a) unless
he or she participates in and completes a substance abuse
treatment program. The Director may waive the requirement to
participate in or complete a substance abuse treatment program
in specific instances if the prisoner is not a good candidate
for a substance abuse treatment program for medical,
programming, or operational reasons. Availability of substance
abuse treatment shall be subject to the limits of fiscal
resources appropriated by the General Assembly for these
purposes. If treatment is not available and the requirement to
participate and complete the treatment has not been waived by
the Director, the prisoner shall be placed on a waiting list
under criteria established by the Department. The Director may
allow a prisoner placed on a waiting list to participate in and
complete a substance abuse education class or attend substance
abuse self-help meetings in lieu of a substance abuse treatment
program. A prisoner on a waiting list who is not placed in a
substance abuse program prior to release may be eligible for a
waiver and receive sentence credit under clause (3) of this
subsection (a) at the discretion of the Director.
(4.6) The rules and regulations on sentence credit shall

10100SB1968ham001 - 496 - LRB101 08002 RLC 74920 a
also provide that a prisoner who has been convicted of a sex
offense as defined in Section 2 of the Sex Offender
Registration Act shall receive no sentence credit unless he or
she either has successfully completed or is participating in
sex offender treatment as defined by the Sex Offender
Management Board. However, prisoners who are waiting to receive
treatment, but who are unable to do so due solely to the lack
of resources on the part of the Department, may, at the
Director's sole discretion, be awarded sentence credit at a
rate as the Director shall determine.
(4.7) On or after January 1, 2018 (the effective date of
Public Act 100-3) this amendatory Act of the 100th General
Assembly, sentence credit under paragraph (3), (4), or (4.1) of
this subsection (a) may be awarded to a prisoner who is serving
a sentence for an offense described in paragraph (2), (2.3),
(2.4), (2.5), or (2.6) for credit earned on or after January 1,
2018 (the effective date of Public Act 100-3) this amendatory
Act of the 100th General Assembly; provided, the award of the
credits under this paragraph (4.7) shall not reduce the
sentence of the prisoner to less than the following amounts:
(i) 85% of his or her sentence if the prisoner is
required to serve 85% of his or her sentence; or
(ii) 60% of his or her sentence if the prisoner is
required to serve 75% of his or her sentence, except if the
prisoner is serving a sentence for gunrunning his or her
sentence shall not be reduced to less than 75%.

10100SB1968ham001 - 497 - LRB101 08002 RLC 74920 a
(iii) 100% of his or her sentence if the prisoner is
required to serve 100% of his or her sentence.
(5) Whenever the Department is to release any inmate
earlier than it otherwise would because of a grant of earned
sentence credit under paragraph (3) of subsection (a) of this
Section given at any time during the term, the Department shall
give reasonable notice of the impending release not less than
14 days prior to the date of the release to the State's
Attorney of the county where the prosecution of the inmate took
place, and if applicable, the State's Attorney of the county
into which the inmate will be released. The Department must
also make identification information and a recent photo of the
inmate being released accessible on the Internet by means of a
hyperlink labeled "Community Notification of Inmate Early
Release" on the Department's World Wide Web homepage. The
identification information shall include the inmate's: name,
any known alias, date of birth, physical characteristics,
commitment offense, and county where conviction was imposed.
The identification information shall be placed on the website
within 3 days of the inmate's release and the information may
not be removed until either: completion of the first year of
mandatory supervised release or return of the inmate to custody
of the Department.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and

10100SB1968ham001 - 498 - LRB101 08002 RLC 74920 a
forfeiting of sentence credit.
(c) (1) The Department shall prescribe rules and
regulations for revoking sentence credit, including revoking
sentence credit awarded under paragraph (3) of subsection (a)
of this Section. The Department shall prescribe rules and
regulations establishing and requiring the use of a sanctions
matrix for revoking sentence credit. The Department shall
prescribe rules and regulations for suspending or reducing the
rate of accumulation of sentence credit for specific rule
violations, during imprisonment. These rules and regulations
shall provide that no inmate may be penalized more than one
year of sentence credit for any one infraction.
(2) When the Department seeks to revoke, suspend, or reduce
the rate of accumulation of any sentence credits for an alleged
infraction of its rules, it shall bring charges therefor
against the prisoner sought to be so deprived of sentence
credits before the Prisoner Review Board as provided in
subparagraph (a)(4) of Section 3-3-2 of this Code, if the
amount of credit at issue exceeds 30 days, whether from one
infraction or cumulatively from multiple infractions arising
out of a single event, or when, during any 12-month 12 month
period, the cumulative amount of credit revoked exceeds 30 days
except where the infraction is committed or discovered within
60 days of scheduled release. In those cases, the Department of
Corrections may revoke up to 30 days of sentence credit. The
Board may subsequently approve the revocation of additional

10100SB1968ham001 - 499 - LRB101 08002 RLC 74920 a
sentence credit, if the Department seeks to revoke sentence
credit in excess of 30 days. However, the Board shall not be
empowered to review the Department's decision with respect to
the loss of 30 days of sentence credit within any calendar year
for any prisoner or to increase any penalty beyond the length
requested by the Department.
(3) The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days of sentence
credits which have been revoked, suspended, or reduced. The
Department shall prescribe rules and regulations governing the
restoration of sentence credits. These rules and regulations
shall provide for the automatic restoration of sentence credits
following a period in which the prisoner maintains a record
without a disciplinary violation. Any restoration of sentence
credits in excess of 30 days shall be subject to review by the
Prisoner Review Board. However, the Board may not restore
sentence credit in excess of the amount requested by the
Director.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
sentence imposed by the court that was not served due to the
accumulation of sentence credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or
federal court against the State, the Department of Corrections,
or the Prisoner Review Board, or against any of their officers

10100SB1968ham001 - 500 - LRB101 08002 RLC 74920 a
or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is
frivolous, the Department of Corrections shall conduct a
hearing to revoke up to 180 days of sentence credit by bringing
charges against the prisoner sought to be deprived of the
sentence credits before the Prisoner Review Board as provided
in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
prisoner has not accumulated 180 days of sentence credit at the
time of the finding, then the Prisoner Review Board may revoke
all sentence credit accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or other
filing which purports to be a legal document filed by a
prisoner in his or her lawsuit meets any or all of the
following criteria:
(A) it lacks an arguable basis either in law or in
fact;
(B) it is being presented for any improper purpose,
such as to harass or to cause unnecessary delay or
needless increase in the cost of litigation;
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing law
or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(D) the allegations and other factual contentions

10100SB1968ham001 - 501 - LRB101 08002 RLC 74920 a
do not have evidentiary support or, if specifically so
identified, are not likely to have evidentiary support
after a reasonable opportunity for further
investigation or discovery; or
(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a motion pursuant to Section 116-3
of the Code of Criminal Procedure of 1963, a habeas corpus
action under Article X of the Code of Civil Procedure or
under federal law (28 U.S.C. 2254), a petition for claim
under the Court of Claims Act, an action under the federal
Civil Rights Act (42 U.S.C. 1983), or a second or
subsequent petition for post-conviction relief under
Article 122 of the Code of Criminal Procedure of 1963
whether filed with or without leave of court or a second or
subsequent petition for relief from judgment under Section
2-1401 of the Code of Civil Procedure.
(e) Nothing in Public Act 90-592 or 90-593 affects the
validity of Public Act 89-404.
(f) Whenever the Department is to release any inmate who
has been convicted of a violation of an order of protection
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, earlier than it otherwise would
because of a grant of sentence credit, the Department, as a

10100SB1968ham001 - 502 - LRB101 08002 RLC 74920 a
condition of release, shall require that the person, upon
release, be placed under electronic surveillance as provided in
Section 5-8A-7 of this Code.
(Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18;
101-440, eff. 1-1-20; revised 8-19-20.)
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
Sec. 5-4-1. Sentencing hearing.
(a) Except when the death penalty is sought under hearing
procedures otherwise specified, after a determination of
guilt, a hearing shall be held to impose the sentence. However,
prior to the imposition of sentence on an individual being
sentenced for an offense based upon a charge for a violation of
Section 11-501 of the Illinois Vehicle Code or a similar
provision of a local ordinance, the individual must undergo a
professional evaluation to determine if an alcohol or other
drug abuse problem exists and the extent of such a problem.
Programs conducting these evaluations shall be licensed by the
Department of Human Services. However, if the individual is not
a resident of Illinois, the court may, in its discretion,
accept an evaluation from a program in the state of such
individual's residence. The court shall make a specific finding
about whether the defendant is eligible for participation in a
Department impact incarceration program as provided in Section
5-8-1.1 or 5-8-1.3, and if not, provide an explanation as to
why a sentence to impact incarceration is not an appropriate

10100SB1968ham001 - 503 - LRB101 08002 RLC 74920 a
sentence. The court may in its sentencing order recommend a
defendant for placement in a Department of Corrections
substance abuse treatment program as provided in paragraph (a)
of subsection (1) of Section 3-2-2 conditioned upon the
defendant being accepted in a program by the Department of
Corrections. At the hearing the court shall:
(1) consider the evidence, if any, received upon the
trial;
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
based on the financial impact statement filed with the
clerk of the court by the Department of Corrections;
(4) consider evidence and information offered by the
parties in aggravation and mitigation;
(4.5) consider substance abuse treatment, eligibility
screening, and an assessment, if any, of the defendant by
an agent designated by the State of Illinois to provide
assessment services for the Illinois courts;
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
statement in his own behalf;
(7) afford the victim of a violent crime or a violation
of Section 11-501 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, the opportunity to
present an oral or written statement, as guaranteed by
Article I, Section 8.1 of the Illinois Constitution and

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provided in Section 6 of the Rights of Crime Victims and
Witnesses Act. The court shall allow a victim to make an
oral statement if the victim is present in the courtroom
and requests to make an oral or written statement. An oral
or written statement includes the victim or a
representative of the victim reading the written
statement. The court may allow persons impacted by the
crime who are not victims under subsection (a) of Section 3
of the Rights of Crime Victims and Witnesses Act to present
an oral or written statement. A victim and any person
making an oral statement shall not be put under oath or
subject to cross-examination. All statements offered under
this paragraph (7) shall become part of the record of the
court. In this paragraph (7), "victim of a violent crime"
means a person who is a victim of a violent crime for which
the defendant has been convicted after a bench or jury
trial or a person who is the victim of a violent crime with
which the defendant was charged and the defendant has been
convicted under a plea agreement of a crime that is not a
violent crime as defined in subsection (c) of 3 of the
Rights of Crime Victims and Witnesses Act;
(7.5) afford a qualified person affected by: (i) a
violation of Section 405, 405.1, 405.2, or 407 of the
Illinois Controlled Substances Act or a violation of
Section 55 or Section 65 of the Methamphetamine Control and
Community Protection Act; or (ii) a Class 4 felony

10100SB1968ham001 - 505 - LRB101 08002 RLC 74920 a
violation of Section 11-14, 11-14.3 except as described in
subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code of 1961 or the
Criminal Code of 2012, committed by the defendant the
opportunity to make a statement concerning the impact on
the qualified person and to offer evidence in aggravation
or mitigation; provided that the statement and evidence
offered in aggravation or mitigation shall first be
prepared in writing in conjunction with the State's
Attorney before it may be presented orally at the hearing.
Sworn testimony offered by the qualified person is subject
to the defendant's right to cross-examine. All statements
and evidence offered under this paragraph (7.5) shall
become part of the record of the court. In this paragraph
(7.5), "qualified person" means any person who: (i) lived
or worked within the territorial jurisdiction where the
offense took place when the offense took place; or (ii) is
familiar with various public places within the territorial
jurisdiction where the offense took place when the offense
took place. "Qualified person" includes any peace officer
or any member of any duly organized State, county, or
municipal peace officer unit assigned to the territorial
jurisdiction where the offense took place when the offense
took place;
(8) in cases of reckless homicide afford the victim's
spouse, guardians, parents or other immediate family

10100SB1968ham001 - 506 - LRB101 08002 RLC 74920 a
members an opportunity to make oral statements;
(9) in cases involving a felony sex offense as defined
under the Sex Offender Management Board Act, consider the
results of the sex offender evaluation conducted pursuant
to Section 5-3-2 of this Act; and
(10) make a finding of whether a motor vehicle was used
in the commission of the offense for which the defendant is
being sentenced.
(b) All sentences shall be imposed by the judge based upon
his independent assessment of the elements specified above and
any agreement as to sentence reached by the parties. The judge
who presided at the trial or the judge who accepted the plea of
guilty shall impose the sentence unless he is no longer sitting
as a judge in that court. Where the judge does not impose
sentence at the same time on all defendants who are convicted
as a result of being involved in the same offense, the
defendant or the State's Attorney may advise the sentencing
court of the disposition of any other defendants who have been
sentenced.
(b-1) In imposing a sentence of imprisonment or periodic
imprisonment for a Class 3 or Class 4 felony for which a
sentence of probation or conditional discharge is an available
sentence, if the defendant has no prior sentence of probation
or conditional discharge and no prior conviction for a violent
crime, the defendant shall not be sentenced to imprisonment
before review and consideration of a presentence report and

10100SB1968ham001 - 507 - LRB101 08002 RLC 74920 a
determination and explanation of why the particular evidence,
information, factor in aggravation, factual finding, or other
reasons support a sentencing determination that one or more of
the factors under subsection (a) of Section 5-6-1 of this Code
apply and that probation or conditional discharge is not an
appropriate sentence.
(c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a vehicle
while under the influence of alcohol, any other drug or any
combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury to
someone other than the defendant, the trial judge shall specify
on the record the particular evidence, information, factors in
mitigation and aggravation or other reasons that led to his
sentencing determination. The full verbatim record of the
sentencing hearing shall be filed with the clerk of the court
and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated
kidnapping for ransom, home invasion, armed robbery,
aggravated vehicular hijacking, aggravated discharge of a
firearm, or armed violence with a category I weapon or category
II weapon, the trial judge shall make a finding as to whether
the conduct leading to conviction for the offense resulted in
great bodily harm to a victim, and shall enter that finding and
the basis for that finding in the record.
(c-2) If the defendant is sentenced to prison, other than

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when a sentence of natural life imprisonment or a sentence of
death is imposed, at the time the sentence is imposed the judge
shall state on the record in open court the approximate period
of time the defendant will serve in custody according to the
then current statutory rules and regulations for sentence
credit found in Section 3-6-3 and other related provisions of
this Code. This statement is intended solely to inform the
public, has no legal effect on the defendant's actual release,
and may not be relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her
sentence credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional earned
sentence credit. If the defendant, because of his or her own
misconduct or failure to comply with the institutional
regulations, does not receive those credits, the actual time
served in prison will be longer. The defendant may also receive

10100SB1968ham001 - 509 - LRB101 08002 RLC 74920 a
an additional one-half day sentence credit for each day of
participation in vocational, industry, substance abuse, and
educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or after
June 19, 1998, and when the sentence is imposed for reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
offense was committed on or after January 1, 1999, and when the
sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code, and when the sentence is
imposed for aggravated arson if the offense was committed on or
after July 27, 2001 (the effective date of Public Act 92-176),
and when the sentence is imposed for aggravated driving under
the influence of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code committed on or after
January 1, 2011 (the effective date of Public Act 96-1230), the
judge's statement, to be given after pronouncing the sentence,
shall include the following:
"The purpose of this statement is to inform the public of

10100SB1968ham001 - 510 - LRB101 08002 RLC 74920 a
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
sentence credit for each month of his or her sentence of
imprisonment. Therefore, this defendant will serve at least 85%
of his or her sentence. Assuming the defendant receives 4 1/2
days credit for each month of his or her sentence, the period
of estimated actual custody is ... years and ... months. If the
defendant, because of his or her own misconduct or failure to
comply with the institutional regulations receives lesser
credit, the actual time served in prison will be longer."
When a sentence of imprisonment is imposed for first degree
murder and the offense was committed on or after June 19, 1998,
the judge's statement, to be given after pronouncing the
sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is not entitled to sentence credit.
Therefore, this defendant will serve 100% of his or her

10100SB1968ham001 - 511 - LRB101 08002 RLC 74920 a
sentence."
When the sentencing order recommends placement in a
substance abuse program for any offense that results in
incarceration in a Department of Corrections facility and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the judge's statement, in
addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall
include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no earned sentence credit
under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a substance abuse treatment
program or receives a waiver from the Director of Corrections
pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the
presentence investigation under Section 5-3-1, the court shall
inquire of the defendant whether the defendant is currently
serving in or is a veteran of the Armed Forces of the United
States. If the defendant is currently serving in the Armed
Forces of the United States or is a veteran of the Armed Forces

10100SB1968ham001 - 512 - LRB101 08002 RLC 74920 a
of the United States and has been diagnosed as having a mental
illness by a qualified psychiatrist or clinical psychologist or
physician, the court may:
(1) order that the officer preparing the presentence
report consult with the United States Department of
Veterans Affairs, Illinois Department of Veterans'
Affairs, or another agency or person with suitable
knowledge or experience for the purpose of providing the
court with information regarding treatment options
available to the defendant, including federal, State, and
local programming; and
(2) consider the treatment recommendations of any
diagnosing or treating mental health professionals
together with the treatment options available to the
defendant in imposing sentence.
For the purposes of this subsection (c-4), "qualified
psychiatrist" means a reputable physician licensed in Illinois
to practice medicine in all its branches, who has specialized
in the diagnosis and treatment of mental and nervous disorders
for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall
specify, on the record, the particular evidence and other
reasons which led to his or her determination that a motor
vehicle was used in the commission of the offense.
(c-7) In imposing a sentence for a Class 3 or 4 felony,
other than a violent crime as defined in Section 3 of the

10100SB1968ham001 - 513 - LRB101 08002 RLC 74920 a
Rights of Crime Victims and Witnesses Act, the court shall
determine and indicate in the sentencing order whether the
defendant has 4 or more or fewer than 4 months remaining on his
or her sentence accounting for time served.
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or
institution during its custody of such person. The clerk shall
within 10 days after receiving any such statements transmit a
copy to such department, agency or institution and a copy to
the other party, provided, however, that this shall not be
cause for delay in conveying the person to the department,
agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:
(1) the sentence imposed;
(2) any statement by the court of the basis for

10100SB1968ham001 - 514 - LRB101 08002 RLC 74920 a
imposing the sentence;
(3) any presentence reports;
(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility
screening and assessment of the defendant by an agent
designated by the State of Illinois to provide assessment
services for the Illinois courts;
(4) the number of days, if any, which the defendant has
been in custody and for which he is entitled to credit
against the sentence, which information shall be provided
to the clerk by the sheriff;
(4.1) any finding of great bodily harm made by the
court with respect to an offense enumerated in subsection
(c-1);
(5) all statements filed under subsection (d) of this
Section;
(6) any medical or mental health records or summaries
of the defendant;
(7) the municipality where the arrest of the offender
or the commission of the offense has occurred, where such
municipality has a population of more than 25,000 persons;
(8) all statements made and evidence offered under
paragraph (7) of subsection (a) of this Section; and
(9) all additional matters which the court directs the
clerk to transmit.
(f) In cases in which the court finds that a motor vehicle

10100SB1968ham001 - 515 - LRB101 08002 RLC 74920 a
was used in the commission of the offense for which the
defendant is being sentenced, the clerk of the court shall,
within 5 days thereafter, forward a report of such conviction
to the Secretary of State.
(Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19;
101-105, eff. 1-1-20.)
(730 ILCS 5/5-4.5-95)
Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
(a) HABITUAL CRIMINALS.
(1) Every person who has been twice convicted in any
state or federal court of an offense that contains the same
elements as an offense now (the date of the offense
committed after the 2 prior convictions) classified in
Illinois as a Class X felony, criminal sexual assault,
aggravated kidnapping, or first degree murder, and who is
thereafter convicted of a Class X felony, criminal sexual
assault, or first degree murder, committed after the 2
prior convictions, shall be adjudged an habitual criminal.
(2) The 2 prior convictions need not have been for the
same offense.
(3) Any convictions that result from or are connected
with the same transaction, or result from offenses
committed at the same time, shall be counted for the
purposes of this Section as one conviction.
(4) This Section does not apply unless each of the

10100SB1968ham001 - 516 - LRB101 08002 RLC 74920 a
following requirements are satisfied:
(A) The third offense was committed after July 3,
1980.
(B) The third offense was committed within 20 years
of the date that judgment was entered on the first
conviction; provided, however, that time spent in
custody shall not be counted.
(C) The third offense was committed after
conviction on the second offense.
(D) The second offense was committed after
conviction on the first offense.
(E) The first offense was committed when the person
was 21 years of age or older.
(5) Anyone who, having attained the age of 18 at the
time of the third offense, is adjudged an habitual criminal
shall be sentenced to a term of natural life imprisonment.
(6) A prior conviction shall not be alleged in the
indictment, and no evidence or other disclosure of that
conviction shall be presented to the court or the jury
during the trial of an offense set forth in this Section
unless otherwise permitted by the issues properly raised in
that trial. After a plea or verdict or finding of guilty
and before sentence is imposed, the prosecutor may file
with the court a verified written statement signed by the
State's Attorney concerning any former conviction of an
offense set forth in this Section rendered against the

10100SB1968ham001 - 517 - LRB101 08002 RLC 74920 a
defendant. The court shall then cause the defendant to be
brought before it; shall inform the defendant of the
allegations of the statement so filed, and of his or her
right to a hearing before the court on the issue of that
former conviction and of his or her right to counsel at
that hearing; and unless the defendant admits such
conviction, shall hear and determine the issue, and shall
make a written finding thereon. If a sentence has
previously been imposed, the court may vacate that sentence
and impose a new sentence in accordance with this Section.
(7) A duly authenticated copy of the record of any
alleged former conviction of an offense set forth in this
Section shall be prima facie evidence of that former
conviction; and a duly authenticated copy of the record of
the defendant's final release or discharge from probation
granted, or from sentence and parole supervision (if any)
imposed pursuant to that former conviction, shall be prima
facie evidence of that release or discharge.
(8) Any claim that a previous conviction offered by the
prosecution is not a former conviction of an offense set
forth in this Section because of the existence of any
exceptions described in this Section, is waived unless duly
raised at the hearing on that conviction, or unless the
prosecution's proof shows the existence of the exceptions
described in this Section.
(9) If the person so convicted shows to the

10100SB1968ham001 - 518 - LRB101 08002 RLC 74920 a
satisfaction of the court before whom that conviction was
had that he or she was released from imprisonment, upon
either of the sentences upon a pardon granted for the
reason that he or she was innocent, that conviction and
sentence shall not be considered under this Section.
(b) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 forcible felony, except for
an offense listed in subsection (c) of this Section, after
having twice been convicted in any state or federal court of an
offense that contains the same elements as an offense now (the
date the Class 1 or Class 2 forcible felony was committed)
classified in Illinois as a Class 2 or greater Class forcible
felony, except for an offense listed in subsection (c) of this
Section, and those charges are separately brought and tried and
arise out of different series of acts, that defendant shall be
sentenced as a Class X offender. This subsection does not apply
unless:
(1) the first forcible felony was committed after
February 1, 1978 (the effective date of Public Act
80-1099);
(2) the second forcible felony was committed after
conviction on the first; and
(3) the third forcible felony was committed after
conviction on the second; and
(4) the first offense was committed when the person was
21 years of age or older.

10100SB1968ham001 - 519 - LRB101 08002 RLC 74920 a
(c) (Blank). Subsection (b) of this Section does not apply
to Class 1 or Class 2 felony convictions for a violation of
Section 16-1 of the Criminal Code of 2012.
A person sentenced as a Class X offender under this
subsection (b) is not eligible to apply for treatment as a
condition of probation as provided by Section 40-10 of the
Substance Use Disorder Act (20 ILCS 301/40-10).
(Source: P.A. 99-69, eff. 1-1-16; 100-3, eff. 1-1-18; 100-759,
eff. 1-1-19.)
(730 ILCS 5/5-4.5-100)
Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT.
(a) COMMENCEMENT. A sentence of imprisonment shall
commence on the date on which the offender is received by the
Department or the institution at which the sentence is to be
served.
(b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set
forth in subsection (e), the offender shall be given credit on
the determinate sentence or maximum term and the minimum period
of imprisonment for the number of days spent in custody as a
result of the offense for which the sentence was imposed. The
Department shall calculate the credit at the rate specified in
Section 3-6-3 (730 ILCS 5/3-6-3). The Except when prohibited by
subsection (d), the trial court shall give credit to the
defendant for time spent in home detention on the same
sentencing terms as incarceration as provided in Section 5-8A-3

10100SB1968ham001 - 520 - LRB101 08002 RLC 74920 a
(730 ILCS 5/5-8A-3). Home detention for purposes of credit
includes restrictions on liberty such as curfews restricting
movement for 12 hours or more per day and electronic monitoring
that restricts travel or movement. Electronic monitoring is not
required for home detention to be considered custodial for
purposes of sentencing credit. The trial court may give credit
to the defendant for the number of days spent confined for
psychiatric or substance abuse treatment prior to judgment, if
the court finds that the detention or confinement was
custodial.
(c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender
arrested on one charge and prosecuted on another charge for
conduct that occurred prior to his or her arrest shall be given
credit on the determinate sentence or maximum term and the
minimum term of imprisonment for time spent in custody under
the former charge not credited against another sentence.
(c-5) CREDIT; PROGRAMMING. The trial court shall give the
defendant credit for successfully completing county
programming while in custody prior to imposition of sentence at
the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3). For the
purposes of this subsection, "custody" includes time spent in
home detention.
(d) (Blank). NO CREDIT; SOME HOME DETENTION. An offender
sentenced to a term of imprisonment for an offense listed in
paragraph (2) of subsection (c) of Section 5-5-3 (730 ILCS
5/5-5-3) or in paragraph (3) of subsection (c-1) of Section

10100SB1968ham001 - 521 - LRB101 08002 RLC 74920 a
11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501) shall
not receive credit for time spent in home detention prior to
judgment.
(e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED
RELEASE, OR PROBATION. An offender charged with the commission
of an offense committed while on parole, mandatory supervised
release, or probation shall not be given credit for time spent
in custody under subsection (b) for that offense for any time
spent in custody as a result of a revocation of parole,
mandatory supervised release, or probation where such
revocation is based on a sentence imposed for a previous
conviction, regardless of the facts upon which the revocation
of parole, mandatory supervised release, or probation is based,
unless both the State and the defendant agree that the time
served for a violation of mandatory supervised release, parole,
or probation shall be credited towards the sentence for the
current offense.
(Source: P.A. 96-1000, eff. 7-2-10; 97-697, eff. 6-22-12.)
(730 ILCS 5/5-6-3.8 new)
Sec. 5-6-3.8. Eligibility for programs restricted by
felony background. Any conviction entered prior to the
effective date of this amendatory Act of the 101st General
Assembly for:
(1) felony possession of a controlled substance, or
possession with intent to manufacture or deliver a controlled

10100SB1968ham001 - 522 - LRB101 08002 RLC 74920 a
substance, in a total amount equal to or less than the amounts
listed in subsection (a-5) of Section 402 of the Illinois
Controlled Substances Act; or
(2) felony possession of methamphetamine, or possession
with intent to deliver methamphetamine, in an amount less than
3 grams; or any adjudication of delinquency under the Juvenile
Court Act of 1987 for acts that would have constituted those
felonies if committed by an adult, shall be treated as a Class
A misdemeanor for the purposes of evaluating a defendant's
eligibility for programs of qualified probation, impact
incarceration, or any other diversion, deflection, probation,
or other program for which felony background or delinquency
background is a factor in determining eligibility.".
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Natural life imprisonment; enhancements for
use of a firearm; mandatory supervised release terms.
(a) Except as otherwise provided in the statute defining
the offense or in Article 4.5 of Chapter V, a sentence of
imprisonment for a felony shall be a determinate sentence set
by the court under this Section, subject to Section 5-4.5-115
of this Code, according to the following limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable
doubt that the murder was accompanied by exceptionally

10100SB1968ham001 - 523 - LRB101 08002 RLC 74920 a
brutal or heinous behavior indicative of wanton
cruelty or, except as set forth in subsection (a)(1)(c)
of this Section, that any of the aggravating factors
listed in subsection (b) or (b-5) of Section 9-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 are
present, the court may sentence the defendant, subject
to Section 5-4.5-105, to a term of natural life
imprisonment, or
(c) the court shall sentence the defendant to a
term of natural life imprisonment if the defendant, at
the time of the commission of the murder, had attained
the age of 18, and
(i) has previously been convicted of first
degree murder under any state or federal law, or
(ii) is found guilty of murdering more than one
victim, or
(iii) is found guilty of murdering a peace
officer, fireman, or emergency management worker
when the peace officer, fireman, or emergency
management worker was killed in the course of
performing his official duties, or to prevent the
peace officer or fireman from performing his
official duties, or in retaliation for the peace
officer, fireman, or emergency management worker
from performing his official duties, and the
defendant knew or should have known that the

10100SB1968ham001 - 524 - LRB101 08002 RLC 74920 a
murdered individual was a peace officer, fireman,
or emergency management worker, or
(iv) is found guilty of murdering an employee
of an institution or facility of the Department of
Corrections, or any similar local correctional
agency, when the employee was killed in the course
of performing his official duties, or to prevent
the employee from performing his official duties,
or in retaliation for the employee performing his
official duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver or other
medical assistance or first aid person while
employed by a municipality or other governmental
unit when the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and the
defendant knew or should have known that the
murdered individual was an emergency medical
technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistant or first aid personnel, or

10100SB1968ham001 - 525 - LRB101 08002 RLC 74920 a
(vi) (blank), or
(vii) is found guilty of first degree murder
and the murder was committed by reason of any
person's activity as a community policing
volunteer or to prevent any person from engaging in
activity as a community policing volunteer. For
the purpose of this Section, "community policing
volunteer" has the meaning ascribed to it in
Section 2-3.5 of the Criminal Code of 2012.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician -
paramedic", have the meanings ascribed to them in the
Emergency Medical Services (EMS) Systems Act.
(d)(i) if the person committed the offense while
armed with a firearm, 15 years shall be added to
the term of imprisonment imposed by the court;
(ii) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall
be added to the term of imprisonment imposed by the
court;
(iii) if, during the commission of the offense, the
person personally discharged a firearm that
proximately caused great bodily harm, permanent
disability, permanent disfigurement, or death to
another person, 25 years or up to a term of natural

10100SB1968ham001 - 526 - LRB101 08002 RLC 74920 a
life shall be added to the term of imprisonment imposed
by the court.
(2) (blank);
(2.5) for a person who has attained the age of 18 years
at the time of the commission of the offense and who is
convicted under the circumstances described in subdivision
(b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection
(b) of Section 12-13, subdivision (d)(2) of Section 11-1.30
or paragraph (2) of subsection (d) of Section 12-14,
subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2)
of subsection (b) of Section 12-14.1, subdivision (b)(2) of
Section 11-1.40 or paragraph (2) of subsection (b) of
Section 12-14.1 of the Criminal Code of 1961 or the
Criminal Code of 2012, the sentence shall be a term of
natural life imprisonment.
(b) (Blank).
(c) (Blank).
(d) Subject to earlier termination under Section 3-3-8, the
parole or mandatory supervised release term shall be written as
part of the sentencing order and shall be as follows:
(1) for first degree murder or for the offenses of
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, and criminal sexual assault if
committed on or before December 12, 2005 or a Class X
felony except for the offenses of predatory criminal sexual
assault of a child, aggravated criminal sexual assault, and

10100SB1968ham001 - 527 - LRB101 08002 RLC 74920 a
criminal sexual assault if committed on or after the
effective date of this amendatory Act of the 94th General
Assembly and except for the offense of aggravated child
pornography under Section 11-20.1B, 11-20.3, or 11-20.1
with sentencing under subsection (c-5) of Section 11-20.1
of the Criminal Code of 1961 or the Criminal Code of 2012,
if committed on or after January 1, 2009, 3 years;
(1.5) except as provided in paragraph (7) of this
subsection (d), for a Class X felony except for the
offenses of predatory criminal sexual assault of a child,
aggravated criminal sexual assault, and criminal sexual
assault if committed on or after December 13, 2005 (the
effective date of Public Act 94-715) and except for the
offense of aggravated child pornography under Section
11-20.1B.,11-20.3, or 11-20.1 with sentencing under
subsection (c-5) of Section 11-20.1 of the Criminal Code of
1961 or the Criminal Code of 2012, if committed on or after
January 1, 2009, 18 months;
(2) except as provided in paragraph (7) of this
subsection (d), for a Class 1 felony or a Class 2 felony
except for the offense of criminal sexual assault if
committed on or after December 13, 2005 (the effective date
of Public Act 94-715) this amendatory Act of the 94th
General Assembly and except for the offenses of manufacture
and dissemination of child pornography under clauses
(a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code

10100SB1968ham001 - 528 - LRB101 08002 RLC 74920 a
of 1961 or the Criminal Code of 2012, if committed on or
after January 1, 2009, 12 months 2 years;
(3) except as provided in paragraph (4), (6), or (7) of
this subsection (d), a mandatory supervised release term
shall not be imposed for a Class 3 felony or a Class 4
felony; unless:
(A) the Prisoner Review Board, based on a validated
risk and needs assessment, determines it is necessary
for an offender to serve a mandatory supervised release
term;
(B) if the Prisoner Review Board determines a
mandatory supervised release term is necessary
pursuant to subparagraph (A) of this paragraph (3), the
Prisoner Review Board shall specify the maximum number
of months of mandatory supervised release the offender
may serve, limited to a term of: (i) 12 months for a
Class 3 felony; and (ii) 12 months for a Class 4 felony
for a Class 3 felony or a Class 4 felony, 1 year;
(4) for defendants who commit the offense of predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, or criminal sexual assault, on or after the
effective date of this amendatory Act of the 94th General
Assembly, or who commit the offense of aggravated child
pornography under Section 11-20.1B, 11-20.3, or 11-20.1
with sentencing under subsection (c-5) of Section 11-20.1
of the Criminal Code of 1961 or the Criminal Code of 2012,

10100SB1968ham001 - 529 - LRB101 08002 RLC 74920 a
manufacture of child pornography, or dissemination of
child pornography after January 1, 2009, the term of
mandatory supervised release shall range from a minimum of
3 years to a maximum of the natural life of the defendant;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal sexual
abuse or felony criminal sexual abuse, 4 years, at least
the first 2 years of which the defendant shall serve in an
electronic monitoring or home detention program under
Article 8A of Chapter V of this Code;
(6) for a felony domestic battery, aggravated domestic
battery, stalking, aggravated stalking, and a felony
violation of an order of protection, 4 years; .
(7) for any felony described in paragraph (a)(2)(ii),
(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section 3-6-3
of the Unified Code of Corrections requiring an inmate to
serve a minimum of 85% of their court-imposed sentence,
except for the offenses of predatory criminal sexual
assault of a child, aggravated criminal sexual assault, and
criminal sexual assault if committed on or after December
13, 2005 (the effective date of Public Act 94-715) and
except for the offense of aggravated child pornography
under Section 11-20.1B.,11-20.3, or 11-20.1 with
sentencing under subsection (c-5) of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, if

10100SB1968ham001 - 530 - LRB101 08002 RLC 74920 a
committed on or after January 1, 2009 and except as
provided in paragraph (4) or paragraph (6) of this
subsection (d), the term of mandatory supervised release
shall be as follows:
(A) Class X felony, 3 years;
(B) Class 1 or Class 2 felonies, 2 years;
(C) Class 3 or Class 4 felonies, 1 year.
(e) (Blank).
(f) (Blank).
(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
101-288, eff. 1-1-20.)
(730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6)
Sec. 5-8-6. Place of confinement.
(a) Except as otherwise provided in this subsection (a),
offenders Offenders sentenced to a term of imprisonment for a
felony shall be committed to the penitentiary system of the
Department of Corrections. However, such sentence shall not
limit the powers of the Department of Children and Family
Services in relation to any child under the age of one year in
the sole custody of a person so sentenced, nor in relation to
any child delivered by a female so sentenced while she is so
confined as a consequence of such sentence. Except as otherwise
provided in this subsection (a), a A person sentenced for a
felony may be assigned by the Department of Corrections to any
of its institutions, facilities or programs. An offender

10100SB1968ham001 - 531 - LRB101 08002 RLC 74920 a
sentenced to a term of imprisonment for a Class 3 or 4 felony,
other than a violent crime as defined in Section 3 of the
Rights of Crime Victims and Witnesses Act, in which the
sentencing order indicates that the offender has less than 4
months remaining on his or her sentence accounting for time
served may not be confined in the penitentiary system of the
Department of Corrections but may be assigned to electronic
home detention under Article 8A of this Chapter V, an adult
transition center, or another facility or program within the
Department of Corrections.
(b) Offenders sentenced to a term of imprisonment for less
than one year shall be committed to the custody of the sheriff.
A person committed to the Department of Corrections, prior to
July 14, 1983, for less than one year may be assigned by the
Department to any of its institutions, facilities or programs.
(c) All offenders under 18 years of age when sentenced to
imprisonment shall be committed to the Department of Juvenile
Justice and the court in its order of commitment shall set a
definite term. The provisions of Section 3-3-3 shall be a part
of such commitment as fully as though written in the order of
commitment. The place of confinement for sentences imposed
before the effective date of this amendatory Act of the 99th
General Assembly are not affected or abated by this amendatory
Act of the 99th General Assembly.
(d) No defendant shall be committed to the Department of
Corrections for the recovery of a fine or costs.

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(e) When a court sentences a defendant to a term of
imprisonment concurrent with a previous and unexpired sentence
of imprisonment imposed by any district court of the United
States, it may commit the offender to the custody of the
Attorney General of the United States. The Attorney General of
the United States, or the authorized representative of the
Attorney General of the United States, shall be furnished with
the warrant of commitment from the court imposing sentence,
which warrant of commitment shall provide that, when the
offender is released from federal confinement, whether by
parole or by termination of sentence, the offender shall be
transferred by the Sheriff of the committing county to the
Department of Corrections. The court shall cause the Department
to be notified of such sentence at the time of commitment and
to be provided with copies of all records regarding the
sentence.
(Source: P.A. 99-628, eff. 1-1-17.)
(730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2)
Sec. 5-8A-2. Definitions. As used in this Article:
(A) "Approved electronic monitoring device" means a device
approved by the supervising authority which is primarily
intended to record or transmit information as to the
defendant's presence or nonpresence in the home, consumption of
alcohol, consumption of drugs, location as determined through
GPS, cellular triangulation, Wi-Fi, or other electronic means.

10100SB1968ham001 - 533 - LRB101 08002 RLC 74920 a
An approved electronic monitoring device may record or
transmit: oral or wire communications or an auditory sound;
visual images; or information regarding the offender's
activities while inside the offender's home. These devices are
subject to the required consent as set forth in Section 5-8A-5
of this Article.
An approved electronic monitoring device may be used to
record a conversation between the participant and the
monitoring device, or the participant and the person
supervising the participant solely for the purpose of
identification and not for the purpose of eavesdropping or
conducting any other illegally intrusive monitoring.
(A-10) "Department" means the Department of Corrections or
the Department of Juvenile Justice.
(A-20) "Electronic monitoring" means the monitoring of an
inmate, person, or offender with an electronic device both
within and outside of their home under the terms and conditions
established by the supervising authority.
(B) "Excluded offenses" means first degree murder, escape,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault, aggravated
battery with a firearm as described in Section 12-4.2 or
subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
12-3.05, bringing or possessing a firearm, ammunition or
explosive in a penal institution, any "Super-X" drug offense or
calculated criminal drug conspiracy or streetgang criminal

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drug conspiracy, or any predecessor or successor offenses with
the same or substantially the same elements, or any inchoate
offenses relating to the foregoing offenses.
(B-10) "GPS" means a device or system which utilizes the
Global Positioning Satellite system for determining the
location of a person, inmate or offender.
(C) "Home detention" means the confinement of a person
convicted or charged with an offense to his or her place of
residence under the terms and conditions established by the
supervising authority. Confinement need not be 24 hours per day
to qualify as home detention, and significant restrictions on
liberty such as 7pm to 7am curfews shall qualify. Home
confinement may or may not be accompanied by electronic
monitoring, and electronic monitoring is not required for
purposes of sentencing credit.
(D) "Participant" means an inmate or offender placed into
an electronic monitoring program.
(E) "Supervising authority" means the Department of
Corrections, the Department of Juvenile Justice, probation
department, a Chief Judge's office, pretrial services division
or department, sheriff, superintendent of municipal house of
corrections or any other officer or agency charged with
authorizing and supervising electronic monitoring and home
detention.
(F) "Super-X drug offense" means a violation of Section
401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D);

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Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B),
(C), or (D) of the Illinois Controlled Substances Act.
(G) "Wi-Fi" or "WiFi" means a device or system which
utilizes a wireless local area network for determining the
location of a person, inmate or offender.
(Source: P.A. 99-797, eff. 8-12-16.)
(730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
Sec. 5-8A-4. Program description. The supervising
authority may promulgate rules that prescribe reasonable
guidelines under which an electronic monitoring and home
detention program shall operate. When using electronic
monitoring for home detention these rules may shall include but
not be limited to the following:
(A) The participant may be instructed to shall remain
within the interior premises or within the property
boundaries of his or her residence at all times during the
hours designated by the supervising authority. Such
instances of approved absences from the home shall may
include but are not limited to the following:
(1) working or employment approved by the court or
traveling to or from approved employment;
(2) unemployed and seeking employment approved for
the participant by the court;
(3) undergoing medical, psychiatric, mental health
treatment, counseling, or other treatment programs

10100SB1968ham001 - 536 - LRB101 08002 RLC 74920 a
approved for the participant by the court;
(4) attending an educational institution or a
program approved for the participant by the court;
(5) attending a regularly scheduled religious
service at a place of worship;
(6) participating in community work release or
community service programs approved for the
participant by the supervising authority; or
(7) for another compelling reason consistent with
the public interest, as approved by the supervising
authority.
(8) purchasing groceries, food, or other basic
necessities.
(A-1) At a minimum, any person ordered to pretrial home
confinement with or without electronic monitoring must be
provided with open movement spread out over no fewer than
two days per week, to participate in basic activities such
as those listed in paragraph (A).
(B) The participant shall admit any person or agent
designated by the supervising authority into his or her
residence at any time for purposes of verifying the
participant's compliance with the conditions of his or her
detention.
(C) The participant shall make the necessary
arrangements to allow for any person or agent designated by
the supervising authority to visit the participant's place

10100SB1968ham001 - 537 - LRB101 08002 RLC 74920 a
of education or employment at any time, based upon the
approval of the educational institution employer or both,
for the purpose of verifying the participant's compliance
with the conditions of his or her detention.
(D) The participant shall acknowledge and participate
with the approved electronic monitoring device as
designated by the supervising authority at any time for the
purpose of verifying the participant's compliance with the
conditions of his or her detention.
(E) The participant shall maintain the following:
(1) access to a working telephone in the
participant's home;
(2) a monitoring device in the participant's home,
or on the participant's person, or both; and
(3) a monitoring device in the participant's home
and on the participant's person in the absence of a
telephone.
(F) The participant shall obtain approval from the
supervising authority before the participant changes
residence or the schedule described in subsection (A) of
this Section. Such approval shall not be unreasonably
withheld.
(G) The participant shall not commit another crime
during the period of home detention ordered by the Court.
(H) Notice to the participant that violation of the
order for home detention may subject the participant to

10100SB1968ham001 - 538 - LRB101 08002 RLC 74920 a
prosecution for the crime of escape as described in Section
5-8A-4.1.
(I) The participant shall abide by other conditions as
set by the supervising authority.
(Source: P.A. 99-797, eff. 8-12-16.)
(730 ILCS 5/5-8A-4.1)
Sec. 5-8A-4.1. Escape; failure to comply with a condition
of the electronic monitoring or home detention program.
(a) A person charged with or convicted of a felony, or
charged with or adjudicated delinquent for an act which, if
committed by an adult, would constitute a felony, conditionally
released from the supervising authority through an electronic
monitoring or home detention program, who knowingly violates a
condition of the electronic monitoring or home detention
program and remains in violation for at least 48 hours is
guilty of a Class 3 felony.
(b) A person charged with or convicted of a misdemeanor, or
charged with or adjudicated delinquent for an act which, if
committed by an adult, would constitute a misdemeanor,
conditionally released from the supervising authority through
an electronic monitoring or home detention program, who
knowingly violates a condition of the electronic monitoring or
home detention program and remains in violation for at least 48
hours is guilty of a Class B misdemeanor.
(c) A person who violates this Section while armed with a

10100SB1968ham001 - 539 - LRB101 08002 RLC 74920 a
dangerous weapon is guilty of a Class 1 felony.
(Source: P.A. 99-797, eff. 8-12-16; 100-431, eff. 8-25-17.)
Section 10-285. The Probation and Probation Officers Act is
amended by changing Section 18 as follows:
(730 ILCS 110/18)
Sec. 18. Probation and court services departments
considered pretrial services agencies. For the purposes of
administering the provisions of Public Act 95-773, known as the
Cindy Bischof Law, all probation and court services departments
are to be considered pretrial services agencies under the
Pretrial Services Act and under the pretrial release bail bond
provisions of the Code of Criminal Procedure of 1963.
(Source: P.A. 96-341, eff. 8-11-09.)
Section 10-290. The County Jail Act is amended by changing
Section 5 as follows:
(730 ILCS 125/5) (from Ch. 75, par. 105)
Sec. 5. Costs of maintaining prisoners.
(a) Except as provided in subsections (b) and (c), all
costs of maintaining persons committed for violations of
Illinois law, shall be the responsibility of the county. Except
as provided in subsection (b), all costs of maintaining persons
committed under any ordinance or resolution of a unit of local

10100SB1968ham001 - 540 - LRB101 08002 RLC 74920 a
government, including medical costs, is the responsibility of
the unit of local government enacting the ordinance or
resolution, and arresting the person.
(b) If a person who is serving a term of mandatory
supervised release for a felony is incarcerated in a county
jail, the Illinois Department of Corrections shall pay the
county in which that jail is located one-half of the cost of
incarceration, as calculated by the Governor's Office of
Management and Budget and the county's chief financial officer,
for each day that the person remains in the county jail after
notice of the incarceration is given to the Illinois Department
of Corrections by the county, provided that (i) the Illinois
Department of Corrections has issued a warrant for an alleged
violation of mandatory supervised release by the person; (ii)
if the person is incarcerated on a new charge, unrelated to the
offense for which he or she is on mandatory supervised release,
there has been a court hearing at which the conditions of
pretrial release have bail has been set on the new charge;
(iii) the county has notified the Illinois Department of
Corrections that the person is incarcerated in the county jail,
which notice shall not be given until the bail hearing has
concluded, if the person is incarcerated on a new charge; and
(iv) the person remains incarcerated in the county jail for
more than 48 hours after the notice has been given to the
Department of Corrections by the county. Calculation of the per
diem cost shall be agreed upon prior to the passage of the

10100SB1968ham001 - 541 - LRB101 08002 RLC 74920 a
annual State budget.
(c) If a person who is serving a term of mandatory
supervised release is incarcerated in a county jail, following
an arrest on a warrant issued by the Illinois Department of
Corrections, solely for violation of a condition of mandatory
supervised release and not on any new charges for a new
offense, then the Illinois Department of Corrections shall pay
the medical costs incurred by the county in securing treatment
for that person, for any injury or condition other than one
arising out of or in conjunction with the arrest of the person
or resulting from the conduct of county personnel, while he or
she remains in the county jail on the warrant issued by the
Illinois Department of Corrections.
(Source: P.A. 94-678, eff. 1-1-06; 94-1094, eff. 1-26-07.)
Section 10-295. The County Jail Good Behavior Allowance Act
is amended by changing Section 3 as follows:
(730 ILCS 130/3) (from Ch. 75, par. 32)
Sec. 3. The good behavior of any person who commences a
sentence of confinement in a county jail for a fixed term of
imprisonment after January 1, 1987 shall entitle such person to
a good behavior allowance, except that: (1) a person who
inflicted physical harm upon another person in committing the
offense for which he is confined shall receive no good behavior
allowance; and (2) a person sentenced for an offense for which

10100SB1968ham001 - 542 - LRB101 08002 RLC 74920 a
the law provides a mandatory minimum sentence shall not receive
any portion of a good behavior allowance that would reduce the
sentence below the mandatory minimum; and (3) a person
sentenced to a county impact incarceration program; and (4) a
person who is convicted of criminal sexual assault under
subdivision (a)(3) of Section 11-1.20 or paragraph (a)(3) of
Section 12-13 of the Criminal Code of 1961 or the Criminal Code
of 2012, criminal sexual abuse, or aggravated criminal sexual
abuse shall receive no good behavior allowance. The good
behavior allowance provided for in this Section shall not apply
to individuals sentenced for a felony to probation or
conditional discharge where a condition of such probation or
conditional discharge is that the individual serve a sentence
of periodic imprisonment or to individuals sentenced under an
order of court for civil contempt.
Such good behavior allowance shall be cumulative and
awarded as provided in this Section.
The good behavior allowance rate shall be cumulative and
awarded on the following basis:
The prisoner shall receive one day of good behavior
allowance for each day of service of sentence in the county
jail, and one day of good behavior allowance for each day of
incarceration in the county jail before sentencing for the
offense that he or she is currently serving sentence but was
unable to comply with the conditions of pretrial release post
bail before sentencing, except that a prisoner serving a

10100SB1968ham001 - 543 - LRB101 08002 RLC 74920 a
sentence of periodic imprisonment under Section 5-7-1 of the
Unified Code of Corrections shall only be eligible to receive
good behavior allowance if authorized by the sentencing judge.
Each day of good behavior allowance shall reduce by one day the
prisoner's period of incarceration set by the court. For the
purpose of calculating a prisoner's good behavior allowance, a
fractional part of a day shall not be calculated as a day of
service of sentence in the county jail unless the fractional
part of the day is over 12 hours in which case a whole day shall
be credited on the good behavior allowance.
If consecutive sentences are served and the time served
amounts to a total of one year or more, the good behavior
allowance shall be calculated on a continuous basis throughout
the entire time served beginning on the first date of sentence
or incarceration, as the case may be.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
Section 10-296. The Veterans and Servicemembers Court
Treatment Act is amended by changing Section 20 as follows:
(730 ILCS 167/20)
Sec. 20. Eligibility. Veterans and Servicemembers are
eligible for Veterans and Servicemembers Courts, provided the
following:
(a) A defendant, who is eligible for probation based on the
nature of the crime convicted of and in consideration of his or

10100SB1968ham001 - 544 - LRB101 08002 RLC 74920 a
her criminal background, if any, may be admitted into a
Veterans and Servicemembers Court program before adjudication
only upon the agreement of the defendant and with the approval
of the Court. A defendant may be admitted into a Veterans and
Servicemembers Court program post-adjudication only with the
approval of the court.
(b) A defendant shall be excluded from Veterans and
Servicemembers Court program if any of one of the following
applies:
(1) The crime is a crime of violence as set forth in
clause (3) of this subsection (b).
(2) The defendant does not demonstrate a willingness to
participate in a treatment program.
(3) The defendant has been convicted of a crime of
violence within the past 10 years excluding incarceration
time, including first degree murder, second degree murder,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault, armed
robbery, aggravated arson, arson, aggravated kidnapping
and kidnapping, aggravated battery resulting in great
bodily harm or permanent disability, stalking, aggravated
stalking, or any offense involving the discharge of a
firearm.
(4) (Blank).
(5) (Blank). The crime for which the defendant has been
convicted is non-probationable.

10100SB1968ham001 - 545 - LRB101 08002 RLC 74920 a
(6) The sentence imposed on the defendant, whether the
result of a plea or a finding of guilt, renders the
defendant ineligible for probation.
(Source: P.A. 99-480, eff. 9-9-15; 100-426, eff. 1-1-18.)
Section 10-297. The Mental Health Court Treatment Act is
amended by changing Section 20 as follows:
(730 ILCS 168/20)
Sec. 20. Eligibility.
(a) A defendant, who is eligible for probation based on the
nature of the crime convicted of and in consideration of his or
her criminal background, if any, may be admitted into a mental
health court program only upon the agreement of the defendant
and with the approval of the court.
(b) A defendant shall be excluded from a mental health
court program if any one of the following applies:
(1) The crime is a crime of violence as set forth in
clause (3) of this subsection (b).
(2) The defendant does not demonstrate a willingness to
participate in a treatment program.
(3) The defendant has been convicted of a crime of
violence within the past 10 years excluding incarceration
time. As used in this paragraph (3), "crime of violence"
means: first degree murder, second degree murder,
predatory criminal sexual assault of a child, aggravated

10100SB1968ham001 - 546 - LRB101 08002 RLC 74920 a
criminal sexual assault, criminal sexual assault, armed
robbery, aggravated arson, arson, aggravated kidnapping,
kidnapping, aggravated battery resulting in great bodily
harm or permanent disability, stalking, aggravated
stalking, or any offense involving the discharge of a
firearm.
(4) (Blank).
(5) (Blank). The crime for which the defendant has been
convicted is non-probationable.
(6) The sentence imposed on the defendant, whether the
result of a plea or a finding of guilt, renders the
defendant ineligible for probation.
(c) A defendant charged with prostitution under Section
11-14 of the Criminal Code of 2012 may be admitted into a
mental health court program, if available in the jurisdiction
and provided that the requirements in subsections (a) and (b)
are satisfied. Mental health court programs may include
specialized service programs specifically designed to address
the trauma associated with prostitution and human trafficking,
and may offer those specialized services to defendants admitted
to the mental health court program. Judicial circuits
establishing these specialized programs shall partner with
prostitution and human trafficking advocates, survivors, and
service providers in the development of the programs.
(Source: P.A. 100-426, eff. 1-1-18.)

10100SB1968ham001 - 547 - LRB101 08002 RLC 74920 a
Section 10-300. The Code of Civil Procedure is amended by
changing Sections 10-106, 10-125, 10-127, 10-135, 10-136, and
21-103 as follows:
(735 ILCS 5/10-106) (from Ch. 110, par. 10-106)
Sec. 10-106. Grant of relief - Penalty. Unless it shall
appear from the complaint itself, or from the documents thereto
annexed, that the party can neither be discharged, admitted to
pretrial release bail nor otherwise relieved, the court shall
forthwith award relief by habeas corpus. Any judge empowered to
grant relief by habeas corpus who shall corruptly refuse to
grant the relief when legally applied for in a case where it
may lawfully be granted, or who shall for the purpose of
oppression unreasonably delay the granting of such relief
shall, for every such offense, forfeit to the prisoner or party
affected a sum not exceeding $1,000.
(Source: P.A. 83-707.)
(735 ILCS 5/10-125) (from Ch. 110, par. 10-125)
Sec. 10-125. New commitment. In all cases where the
imprisonment is for a criminal, or supposed criminal matter, if
it appears to the court that there is sufficient legal cause
for the commitment of the prisoner, although such commitment
may have been informally made, or without due authority, or the
process may have been executed by a person not duly authorized,
the court shall make a new commitment in proper form, and

10100SB1968ham001 - 548 - LRB101 08002 RLC 74920 a
direct it to the proper officer, or admit the party to pretrial
release bail if the case is eligible for pretrial release
bailable. The court shall also, when necessary, take the
recognizance of all material witnesses against the prisoner, as
in other cases. The recognizances shall be in the form provided
by law, and returned as other recognizances. If any judge shall
neglect or refuse to bind any such prisoner or witness by
recognizance, or to return a recognizance when taken as
hereinabove stated, he or she shall be guilty of a Class A
misdemeanor in office, and be proceeded against accordingly.
(Source: P.A. 82-280.)
(735 ILCS 5/10-127) (from Ch. 110, par. 10-127)
Sec. 10-127. Grant of habeas corpus. It is not lawful for
any court, on a second order of habeas corpus obtained by such
prisoner, to discharge the prisoner, if he or she is clearly
and specifically charged in the warrant of commitment with a
criminal offense; but the court shall, on the return of such
second order, have power only to admit such prisoner to
pretrial release bail where the offense is eligible for
pretrial release bailable by law, or remand him or her to
prison where the offense is not eligible for pretrial release
bailable, or being eligible for pretrial release bailable,
where such prisoner fails to comply with the terms of pretrial
release give the bail required.
(Source: P.A. 82-280.)

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(735 ILCS 5/10-135) (from Ch. 110, par. 10-135)
Sec. 10-135. Habeas corpus to testify. The several courts
having authority to grant relief by habeas corpus, may enter
orders, when necessary, to bring before them any prisoner to
testify, or to be surrendered in discharge of pretrial release
bail, or for trial upon any criminal charge lawfully pending in
the same court or to testify in a criminal proceeding in
another state as provided for by Section 2 of the "Uniform Act
to secure the attendance of witnesses from within or without a
state in criminal proceedings", approved July 23, 1959, as
heretofore or hereafter amended; and the order may be directed
to any county in the State, and there be served and returned by
any officer to whom it is directed.
(Source: P.A. 82-280.)
(735 ILCS 5/10-136) (from Ch. 110, par. 10-136)
Sec. 10-136. Prisoner remanded or punished. After a
prisoner has given his or her testimony, or been surrendered,
or his or her pretrial release bail discharged, or he or she
has been tried for the crime with which he or she is charged,
he or she shall be returned to the jail or other place of
confinement from which he or she was taken for that purpose. If
such prisoner is convicted of a crime punishable with death or
imprisonment in the penitentiary, he or she may be punished
accordingly; but in any case where the prisoner has been taken

10100SB1968ham001 - 550 - LRB101 08002 RLC 74920 a
from the penitentiary, and his or her punishment is by
imprisonment, the time of such imprisonment shall not commence
to run until the expiration of the time of service under any
former sentence.
(Source: P.A. 82-280.)
(735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
Sec. 21-103. Notice by publication.
(a) Previous notice shall be given of the intended
application by publishing a notice thereof in some newspaper
published in the municipality in which the person resides if
the municipality is in a county with a population under
2,000,000, or if the person does not reside in a municipality
in a county with a population under 2,000,000, or if no
newspaper is published in the municipality or if the person
resides in a county with a population of 2,000,000 or more,
then in some newspaper published in the county where the person
resides, or if no newspaper is published in that county, then
in some convenient newspaper published in this State. The
notice shall be inserted for 3 consecutive weeks after filing,
the first insertion to be at least 6 weeks before the return
day upon which the petition is to be heard, and shall be signed
by the petitioner or, in case of a minor, the minor's parent or
guardian, and shall set forth the return day of court on which
the petition is to be heard and the name sought to be assumed.
(b) The publication requirement of subsection (a) shall not

10100SB1968ham001 - 551 - LRB101 08002 RLC 74920 a
be required in any application for a change of name involving a
minor if, before making judgment under this Article, reasonable
notice and opportunity to be heard is given to any parent whose
parental rights have not been previously terminated and to any
person who has physical custody of the child. If any of these
persons are outside this State, notice and opportunity to be
heard shall be given under Section 21-104.
(b-3) The publication requirement of subsection (a) shall
not be required in any application for a change of name
involving a person who has received a judgment for dissolution
of marriage or declaration of invalidity of marriage and wishes
to change his or her name to resume the use of his or her former
or maiden name.
(b-5) Upon motion, the court may issue an order directing
that the notice and publication requirement be waived for a
change of name involving a person who files with the court a
written declaration that the person believes that publishing
notice of the name change would put the person at risk of
physical harm or discrimination. The person must provide
evidence to support the claim that publishing notice of the
name change would put the person at risk of physical harm or
discrimination.
(c) The Director of State Police or his or her designee may
apply to the circuit court for an order directing that the
notice and publication requirements of this Section be waived
if the Director or his or her designee certifies that the name

10100SB1968ham001 - 552 - LRB101 08002 RLC 74920 a
change being sought is intended to protect a witness during and
following a criminal investigation or proceeding.
(c-1) The court may enter a written order waiving the
publication requirement of subsection (a) if:
(i) the petitioner is 18 years of age or older; and
(ii) concurrent with the petition, the petitioner
files with the court a statement, verified under oath as
provided under Section 1-109 of this Code, attesting that
the petitioner is or has been a person protected under the
Illinois Domestic Violence Act of 1986, the Stalking No
Contact Order Act, the Civil No Contact Order Act, Article
112A of the Code of Criminal Procedure of 1963, a condition
of pretrial release bail under subsections (b) through (d)
of Section 110-10 of the Code of Criminal Procedure of
1963, or a similar provision of a law in another state or
jurisdiction.
The petitioner may attach to the statement any supporting
documents, including relevant court orders.
(c-2) If the petitioner files a statement attesting that
disclosure of the petitioner's address would put the petitioner
or any member of the petitioner's family or household at risk
or reveal the confidential address of a shelter for domestic
violence victims, that address may be omitted from all
documents filed with the court, and the petitioner may
designate an alternative address for service.
(c-3) Court administrators may allow domestic abuse

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advocates, rape crisis advocates, and victim advocates to
assist petitioners in the preparation of name changes under
subsection (c-1).
(c-4) If the publication requirements of subsection (a)
have been waived, the circuit court shall enter an order
impounding the case.
(d) The maximum rate charged for publication of a notice
under this Section may not exceed the lowest classified rate
paid by commercial users for comparable space in the newspaper
in which the notice appears and shall include all cash
discounts, multiple insertion discounts, and similar benefits
extended to the newspaper's regular customers.
(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.
100-565 for the effective date of P.A. 100-520); 100-788, eff.
1-1-19; 100-966, eff. 1-1-19; 101-81, eff. 7-12-19; 101-203,
eff. 1-1-20.)
Section 10-305. The Civil No Contact Order Act is amended
by changing Section 220 as follows:
(740 ILCS 22/220)
Sec. 220. Enforcement of a civil no contact order.
(a) Nothing in this Act shall preclude any Illinois court
from enforcing a valid protective order issued in another
state.
(b) Illinois courts may enforce civil no contact orders

10100SB1968ham001 - 554 - LRB101 08002 RLC 74920 a
through both criminal proceedings and civil contempt
proceedings, unless the action which is second in time is
barred by collateral estoppel or the constitutional
prohibition against double jeopardy.
(b-1) The court shall not hold a school district or private
or non-public school or any of its employees in civil or
criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(b-2) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Act for conduct of the minor respondent in violation of
this Act if the parents, guardian, or legal custodian directed,
encouraged, or assisted the respondent minor in such conduct.
(c) Criminal prosecution. A violation of any civil no
contact order, whether issued in a civil or criminal
proceeding, shall be enforced by a criminal court when the
respondent commits the crime of violation of a civil no contact
order pursuant to Section 219 by having knowingly violated:
(1) remedies described in Section 213 and included in a
civil no contact order; or
(2) a provision of an order, which is substantially
similar to provisions of Section 213, in a valid civil no
contact order which is authorized under the laws of another
state, tribe, or United States territory.
Prosecution for a violation of a civil no contact order

10100SB1968ham001 - 555 - LRB101 08002 RLC 74920 a
shall not bar a concurrent prosecution for any other crime,
including any crime that may have been committed at the time of
the violation of the civil no contact order.
(d) Contempt of court. A violation of any valid Illinois
civil no contact order, whether issued in a civil or criminal
proceeding, may be enforced through civil or criminal contempt
procedures, as appropriate, by any court with jurisdiction,
regardless of where the act or acts which violated the civil no
contact order were committed, to the extent consistent with the
venue provisions of this Act.
(1) In a contempt proceeding where the petition for a
rule to show cause or petition for adjudication of criminal
contempt sets forth facts evidencing an immediate danger
that the respondent will flee the jurisdiction or inflict
physical abuse on the petitioner or minor children or on
dependent adults in the petitioner's care, the court may
order the attachment of the respondent without prior
service of the petition for a rule to show cause, the rule
to show cause, the petition for adjudication of criminal
contempt or the adjudication of criminal contempt.
Conditions of release Bond shall be set unless specifically
denied in writing.
(2) A petition for a rule to show cause or a petition
for adjudication of criminal contempt for violation of a
civil no contact order shall be treated as an expedited
proceeding.

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(e) Actual knowledge. A civil no contact order may be
enforced pursuant to this Section if the respondent violates
the order after the respondent has actual knowledge of its
contents as shown through one of the following means:
(1) by service, delivery, or notice under Section 208;
(2) by notice under Section 218;
(3) by service of a civil no contact order under
Section 218; or
(4) by other means demonstrating actual knowledge of
the contents of the order.
(f) The enforcement of a civil no contact order in civil or
criminal court shall not be affected by either of the
following:
(1) the existence of a separate, correlative order,
entered under Section 202; or
(2) any finding or order entered in a conjoined
criminal proceeding.
(g) Circumstances. The court, when determining whether or
not a violation of a civil no contact order has occurred, shall
not require physical manifestations of abuse on the person of
the victim.
(h) Penalties.
(1) Except as provided in paragraph (3) of this
subsection, where the court finds the commission of a crime
or contempt of court under subsection (a) or (b) of this
Section, the penalty shall be the penalty that generally

10100SB1968ham001 - 557 - LRB101 08002 RLC 74920 a
applies in such criminal or contempt proceedings, and may
include one or more of the following: incarceration,
payment of restitution, a fine, payment of attorneys' fees
and costs, or community service.
(2) The court shall hear and take into account evidence
of any factors in aggravation or mitigation before deciding
an appropriate penalty under paragraph (1) of this
subsection.
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any civil no contact order over any penalty
previously imposed by any court for respondent's
violation of any civil no contact order or penal
statute involving petitioner as victim and respondent
as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
civil no contact order; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of a civil no contact order unless the court
explicitly finds that an increased penalty or that
period of imprisonment would be manifestly unjust.
(4) In addition to any other penalties imposed for a
violation of a civil no contact order, a criminal court may

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consider evidence of any previous violations of a civil no
contact order:
(i) to increase, revoke or modify the conditions of
pretrial release bail bond on an underlying criminal
charge pursuant to Section 110-6 of the Code of
Criminal Procedure of 1963;
(ii) to revoke or modify an order of probation,
conditional discharge or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections; or
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12.)
Section 10-307. The Crime Victims Compensation Act is
amended by changing Sections 2, 2.5, 4.1, 6.1, and 7.1 as
follows:
(740 ILCS 45/2) (from Ch. 70, par. 72)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Applicant" means any person who applies for
compensation under this Act or any person the Court of Claims
or the Attorney General finds is entitled to compensation,
including the guardian of a minor or of a person under legal
disability. It includes any person who was a dependent of a

10100SB1968ham001 - 559 - LRB101 08002 RLC 74920 a
deceased victim of a crime of violence for his or her support
at the time of the death of that victim.
The changes made to this subsection by this amendatory Act
of the 101st General Assembly apply to actions commenced or
pending on or after January 1, 2021.
(b) "Court of Claims" means the Court of Claims created by
the Court of Claims Act.
(c) "Crime of violence" means and includes any offense
defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, 12-4.1,
12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,
12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1, or
Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
the Cemetery Protection Act, Section 125 of the Stalking No
Contact Order Act, Section 219 of the Civil No Contact Order
Act, driving under the influence as defined in Section 11-501
of the Illinois Vehicle Code, a violation of Section 11-401 of
the Illinois Vehicle Code, provided the victim was a pedestrian
or was operating a vehicle moved solely by human power or a
mobility device at the time of contact, and a violation of
Section 11-204.1 of the Illinois Vehicle Code; so long as the
offense did not occur during a civil riot, insurrection or

10100SB1968ham001 - 560 - LRB101 08002 RLC 74920 a
rebellion. "Crime of violence" does not include any other
offense or accident involving a motor vehicle except those
vehicle offenses specifically provided for in this paragraph.
"Crime of violence" does include all of the offenses
specifically provided for in this paragraph that occur within
this State but are subject to federal jurisdiction and crimes
involving terrorism as defined in 18 U.S.C. 2331.
(d) "Victim" means (1) a person killed or injured in this
State as a result of a crime of violence perpetrated or
attempted against him or her, (2) the spouse, or parent, or
child of a person killed or injured in this State as a result
of a crime of violence perpetrated or attempted against the
person, or anyone living in the household of a person killed or
injured in a relationship that is substantially similar to that
of a parent, spouse, or child, (3) a person killed or injured
in this State while attempting to assist a person against whom
a crime of violence is being perpetrated or attempted, if that
attempt of assistance would be expected of a reasonable person
under the circumstances, (4) a person killed or injured in this
State while assisting a law enforcement official apprehend a
person who has perpetrated a crime of violence or prevent the
perpetration of any such crime if that assistance was in
response to the express request of the law enforcement
official, (5) a person who personally witnessed a violent
crime, (5.05) a person who will be called as a witness by the
prosecution to establish a necessary nexus between the offender

10100SB1968ham001 - 561 - LRB101 08002 RLC 74920 a
and the violent crime, (5.1) solely for the purpose of
compensating for pecuniary loss incurred for psychological
treatment of a mental or emotional condition caused or
aggravated by the crime, any other person under the age of 18
who is the brother, sister, half brother, or half sister,
child, or stepchild of a person killed or injured in this State
as a result of a crime of violence, (6) an Illinois resident
who is a victim of a "crime of violence" as defined in this Act
except, if the crime occurred outside this State, the resident
has the same rights under this Act as if the crime had occurred
in this State upon a showing that the state, territory,
country, or political subdivision of a country in which the
crime occurred does not have a compensation of victims of
crimes law for which that Illinois resident is eligible, (7) a
deceased person whose body is dismembered or whose remains are
desecrated as the result of a crime of violence, or (8) solely
for the purpose of compensating for pecuniary loss incurred for
psychological treatment of a mental or emotional condition
caused or aggravated by the crime, any parent, spouse, or child
under the age of 18 of a deceased person whose body is
dismembered or whose remains are desecrated as the result of a
crime of violence.
(e) "Dependent" means a relative of a deceased victim who
was wholly or partially dependent upon the victim's income at
the time of his or her death and shall include the child of a
victim born after his or her death.

10100SB1968ham001 - 562 - LRB101 08002 RLC 74920 a
(f) "Relative" means a spouse, parent, grandparent,
stepfather, stepmother, child, grandchild, brother,
brother-in-law, sister, sister-in-law, half brother, half
sister, spouse's parent, nephew, niece, uncle, or aunt, or
anyone living in the household of a person killed or injured in
a relationship that is substantially similar to that of a
parent, spouse, or child.
(g) "Child" means a an unmarried son or daughter who is
under 18 years of age and includes a stepchild, an adopted
child or a child born out of wedlock.
(h) "Pecuniary loss" means, in the case of injury,
appropriate medical expenses and hospital expenses including
expenses of medical examinations, rehabilitation, medically
required nursing care expenses, appropriate psychiatric care
or psychiatric counseling expenses, appropriate expenses for
care or counseling by a licensed clinical psychologist,
licensed clinical social worker, licensed professional
counselor, or licensed clinical professional counselor and
expenses for treatment by Christian Science practitioners and
nursing care appropriate thereto; transportation expenses to
and from medical and counseling treatment facilities;
prosthetic appliances, eyeglasses, and hearing aids necessary
or damaged as a result of the crime; costs associated with
trafficking tattoo removal by a person authorized or licensed
to perform the specific removal procedure; replacement costs
for clothing and bedding used as evidence; costs associated

10100SB1968ham001 - 563 - LRB101 08002 RLC 74920 a
with temporary lodging or relocation necessary as a result of
the crime, including, but not limited to, the first month's
rent and security deposit of the dwelling that the claimant
relocated to and other reasonable relocation expenses incurred
as a result of the violent crime; locks or windows necessary or
damaged as a result of the crime; the purchase, lease, or
rental of equipment necessary to create usability of and
accessibility to the victim's real and personal property, or
the real and personal property which is used by the victim,
necessary as a result of the crime; the costs of appropriate
crime scene clean-up; replacement services loss, to a maximum
of $1,250 per month; dependents replacement services loss, to a
maximum of $1,250 per month; loss of tuition paid to attend
grammar school or high school when the victim had been enrolled
as a student prior to the injury, or college or graduate school
when the victim had been enrolled as a day or night student
prior to the injury when the victim becomes unable to continue
attendance at school as a result of the crime of violence
perpetrated against him or her; loss of earnings, loss of
future earnings because of disability resulting from the
injury, and, in addition, in the case of death, expenses for
funeral, burial, and travel and transport for survivors of
homicide victims to secure bodies of deceased victims and to
transport bodies for burial all of which may be awarded up to
not exceed a maximum of $10,000 $7,500 and loss of support of
the dependents of the victim; in the case of dismemberment or

10100SB1968ham001 - 564 - LRB101 08002 RLC 74920 a
desecration of a body, expenses for funeral and burial, all of
which may be awarded up to not exceed a maximum of $10,000
$7,500. Loss of future earnings shall be reduced by any income
from substitute work actually performed by the victim or by
income he or she would have earned in available appropriate
substitute work he or she was capable of performing but
unreasonably failed to undertake. Loss of earnings, loss of
future earnings and loss of support shall be determined on the
basis of the victim's average net monthly earnings for the 6
months immediately preceding the date of the injury or on
$2,400 $1,250 per month, whichever is less or, in cases where
the absences commenced more than 3 years from the date of the
crime, on the basis of the net monthly earnings for the 6
months immediately preceding the date of the first absence, not
to exceed $2,400 $1,250 per month. If a divorced or legally
separated applicant is claiming loss of support for a minor
child of the deceased, the amount of support for each child
shall be based either on the amount of support pursuant to the
judgment prior to the date of the deceased victim's injury or
death, or, if the subject of pending litigation filed by or on
behalf of the divorced or legally separated applicant prior to
the injury or death, on the result of that litigation. Real and
personal property includes, but is not limited to, vehicles,
houses, apartments, town houses, or condominiums. Pecuniary
loss does not include pain and suffering or property loss or
damage.

10100SB1968ham001 - 565 - LRB101 08002 RLC 74920 a
The changes made to this subsection by this amendatory Act
of the 101st General Assembly apply to actions commenced or
pending on or after January 1, 2021.
(i) "Replacement services loss" means expenses reasonably
incurred in obtaining ordinary and necessary services in lieu
of those the injured person would have performed, not for
income, but for the benefit of himself or herself or his or her
family, if he or she had not been injured.
(j) "Dependents replacement services loss" means loss
reasonably incurred by dependents or private legal guardians of
minor dependents after a victim's death in obtaining ordinary
and necessary services in lieu of those the victim would have
performed, not for income, but for their benefit, if he or she
had not been fatally injured.
(k) "Survivor" means immediate family including a parent,
stepfather, stepmother, child, brother, sister, or spouse.
(l) "Parent" means a natural parent, adopted parent,
stepparent, or permanent legal guardian of another person.
(m) "Trafficking tattoo" is a tattoo which is applied to a
victim in connection with the commission of a violation of
Section 10-9 of the Criminal Code of 2012.
(Source: P.A. 100-690, eff. 1-1-19; 101-81, eff. 7-12-19.)
(740 ILCS 45/2.5)
Sec. 2.5. Felon as victim. A victim's criminal history or
felony status shall not automatically prevent compensation to

10100SB1968ham001 - 566 - LRB101 08002 RLC 74920 a
that victim or the victim's family. However, no compensation
may be granted to a victim or applicant under this Act while
the applicant or victim is held in a correctional institution.
Notwithstanding paragraph (d) of Section 2, "victim" does not
include a person who is convicted of a felony until that person
is discharged from probation or is released from a correctional
institution and has been discharged from parole or mandatory
supervised release, if any. For purposes of this Section, the
death of a felon who is serving a term of parole, probation, or
mandatory supervised release shall be considered a discharge
from that sentence. No compensation may be granted to an
applicant under this Act during a period of time that the
applicant is held in a correctional institution.
A victim who has been convicted of a felony may apply for
assistance under this Act at any time but no award of
compensation may be considered until the applicant meets the
requirements of this Section.
The changes made to this Section by this amendatory Act of
the 96th General Assembly apply to actions commenced or pending
on or after the effective date of this amendatory Act of the
96th General Assembly.
(Source: P.A. 96-267, eff. 8-11-09.)
(740 ILCS 45/4.1) (from Ch. 70, par. 74.1)
Sec. 4.1. In addition to other powers and duties set forth
in this Act and other powers exercised by the Attorney General,

10100SB1968ham001 - 567 - LRB101 08002 RLC 74920 a
the Attorney General shall:
(1) investigate all claims and prepare and present an
investigatory report and a draft award determination a
report of each applicant's claim to the Court of Claims for
a review period of 28 business days; prior to the issuance
of an order by the Court of Claims,
(2) upon conclusion of the review by the Court of
Claims, provide the applicant with a compensation
determination letter;
(3) prescribe and furnish all applications and other
forms required to be filed in the office of the Attorney
General by the terms of this Act; , and
(4) represent the interests of the State of Illinois in
any hearing before the Court of Claims.
The changes made to this Section by this amendatory Act of
the 101st General Assembly apply to actions commenced or
pending on or after January 1, 2021.
(Source: P.A. 97-817, eff. 1-1-13.)
(740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
Sec. 6.1. Right to compensation. A person is entitled to
compensation under this Act if:
(a) Within 5 2 years of the occurrence of the crime, or
within one year after a criminal charge of a person for an
offense, upon which the claim is based, the applicant
presents he files an application, under oath, to the

10100SB1968ham001 - 568 - LRB101 08002 RLC 74920 a
Attorney General that is filed with the Court of Claims and
on a form prescribed in accordance with Section 7.1
furnished by the Attorney General. If the person entitled
to compensation is under 18 years of age or under other
legal disability at the time of the occurrence or is
determined by a court to be under a legal disability as a
result of the occurrence, he or she may present file the
application required by this subsection within 3 2 years
after he or she attains the age of 18 years or the
disability is removed, as the case may be. Legal disability
includes a diagnosis of posttraumatic stress disorder.
(a-1) The Attorney General and the Court of Claims may
accept an application presented after the period provided
in subsection (a) if the Attorney General determines that
the applicant had good cause for a delay.
(b) For all crimes of violence, except those listed in
subsection (b-1) of this Section, the appropriate law
enforcement officials were notified within 72 hours of the
perpetration of the crime allegedly causing the death or
injury to the victim or, in the event such notification was
made more than 72 hours after the perpetration of the
crime, the applicant establishes that such notice was
timely under the circumstances.
(b-1) For victims of offenses defined in Sections 10-9,
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or

10100SB1968ham001 - 569 - LRB101 08002 RLC 74920 a
the Criminal Code of 2012, the appropriate law enforcement
officials were notified within 7 days of the perpetration
of the crime allegedly causing death or injury to the
victim or, in the event that the notification was made more
than 7 days after the perpetration of the crime, the
applicant establishes that the notice was timely under the
circumstances. If the applicant or victim has obtained an
order of protection, a civil no contact order, or a
stalking no contact order, has presented himself or herself
to a hospital for medical care or sexual assault evidence
collection and medical care, or is engaged in a legal
proceeding involving a claim that the applicant or victim
is a victim of human trafficking, such action shall
constitute appropriate notification under this subsection
(b-1) or subsection (b) of this Section.
(c) The applicant has cooperated with law enforcement
officials in the apprehension and prosecution of the
assailant. If the applicant or victim has obtained an order
of protection, a civil no contact order, or a stalking no
contact order, has presented himself or herself to a
hospital for medical care or sexual assault evidence
collection and medical care, or is engaged in a legal
proceeding involving a claim that the applicant or victim
is a victim of human trafficking, such action shall
constitute cooperation under this subsection (c). If the
victim is under 18 years of age at the time of the

10100SB1968ham001 - 570 - LRB101 08002 RLC 74920 a
commission of the offense, the following shall constitute
cooperation under this subsection (c):
(1) the applicant or the victim files a police
report with a law enforcement agency;
(2) a mandated reporter reports the crime to law
enforcement; or
(3) a person with firsthand knowledge of the crime
reports the crime to law enforcement.
(d) The applicant is not the offender or an accomplice
of the offender and the award would not unjustly benefit
the offender or his accomplice.
(e) (Blank). The injury to or death of the victim was
not substantially attributable to his own wrongful act and
was not substantially provoked by the victim.
(f) For victims of offenses defined in Section 10-9 of
the Criminal Code of 2012, the victim submits a statement
under oath on a form prescribed by the Attorney General
attesting that the removed tattoo was applied in connection
with the commission of the offense.
(g) In determining whether cooperation has been
reasonable, the Attorney General and Court of Claims may
consider the victim's age, physical condition,
psychological state, cultural or linguistic barriers, and
compelling health and safety concerns, including, but not
limited to, a reasonable fear of retaliation or harm that
would jeopardize the well-being of the victim or the

10100SB1968ham001 - 571 - LRB101 08002 RLC 74920 a
victim's family, and giving due consideration to the degree
of cooperation that the victim or derivative victim is
capable of in light of the presence of any of these
factors, or any other factor the Attorney General considers
relevant.
The changes made to this Section by this amendatory Act of
the 101st General Assembly apply to actions commenced or
pending on or after January 1, 2021.
(Source: P.A. 99-143, eff. 7-27-15; 100-575, eff. 1-8-18;
100-1037, eff. 1-1-19.)
(740 ILCS 45/7.1) (from Ch. 70, par. 77.1)
Sec. 7.1. (a) The application shall set out:
(1) the name and address of the victim;
(2) if the victim is deceased, the name and address of
the applicant and his or her relationship to the victim,
the names and addresses of other persons dependent on the
victim for their support and the extent to which each is so
dependent, and other persons who may be entitled to
compensation for a pecuniary loss;
(3) the date and nature of the crime on which the
application for compensation is based;
(4) the date and place where and the law enforcement
officials to whom notification of the crime was given;
(5) the nature and extent of the injuries sustained by
the victim, and the names and addresses of those giving

10100SB1968ham001 - 572 - LRB101 08002 RLC 74920 a
medical and hospitalization treatment to the victim;
(6) the pecuniary loss to the applicant and to such
other persons as are specified under item (2) resulting
from the injury or death;
(7) the amount of benefits, payments, or awards, if
any, payable under:
(a) the Workers' Compensation Act,
(b) the Dram Shop Act,
(c) any claim, demand, or cause of action based
upon the crime-related injury or death,
(d) the Federal Medicare program,
(e) the State Public Aid program,
(f) Social Security Administration burial
benefits,
(g) Veterans administration burial benefits,
(h) life, health, accident or liability insurance,
(i) the Criminal Victims' Escrow Account Act,
(j) the Sexual Assault Survivors Emergency
Treatment Act,
(k) restitution, or
(l) any other source;
(8) releases authorizing the surrender to the Court of
Claims or Attorney General of reports, documents and other
information relating to the matters specified under this
Act and rules promulgated in accordance with the Act;
(9) such other information as the Court of Claims or

10100SB1968ham001 - 573 - LRB101 08002 RLC 74920 a
the Attorney General reasonably requires.
(b) The Attorney General may require that materials
substantiating the facts stated in the application be submitted
with that application.
(c) An applicant, on his or her own motion, may file an
amended application or additional substantiating materials to
correct inadvertent errors or omissions at any time before the
original application has been disposed of by the Court of
Claims or the Attorney General. In either case, the filing of
additional information or of an amended application shall be
considered for the purpose of this Act to have been filed at
the same time as the original application.
For claims submitted on or after January 1, 2021, an
amended application or additional substantiating materials to
correct inadvertent errors or omissions may be filed at any
time before the original application is disposed of by the
Attorney General or the Court of Claims.
(d) Determinations submitted by the Attorney General to the
Court of Claims shall be available to the Court of Claims for
review. The Attorney General shall provide the sources and
evidence relied upon as a basis for a compensation
determination.
(e) The changes made to this Section by this amendatory Act
of the 101st General Assembly apply to actions commenced or
pending on or after January 1, 2021.
(Source: P.A. 97-817, eff. 1-1-13; 98-463, eff. 8-16-13.)

10100SB1968ham001 - 574 - LRB101 08002 RLC 74920 a
Section 10-310. The Illinois Domestic Violence Act of 1986
is amended by changing Sections 223 and 301 as follows:
(750 ILCS 60/223) (from Ch. 40, par. 2312-23)
Sec. 223. Enforcement of orders of protection.
(a) When violation is crime. A violation of any order of
protection, whether issued in a civil or criminal proceeding,
shall be enforced by a criminal court when:
(1) The respondent commits the crime of violation of an
order of protection pursuant to Section 12-3.4 or 12-30 of
the Criminal Code of 1961 or the Criminal Code of 2012, by
having knowingly violated:
(i) remedies described in paragraphs (1), (2),
(3), (14), or (14.5) of subsection (b) of Section 214
of this Act; or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (2),
(3), (14), and (14.5) of subsection (b) of Section 214
of this Act, in a valid order of protection which is
authorized under the laws of another state, tribe, or
United States territory; or
(iii) any other remedy when the act constitutes a
crime against the protected parties as defined by the
Criminal Code of 1961 or the Criminal Code of 2012.
Prosecution for a violation of an order of protection

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shall not bar concurrent prosecution for any other crime,
including any crime that may have been committed at the
time of the violation of the order of protection; or
(2) The respondent commits the crime of child abduction
pursuant to Section 10-5 of the Criminal Code of 1961 or
the Criminal Code of 2012, by having knowingly violated:
(i) remedies described in paragraphs (5), (6) or
(8) of subsection (b) of Section 214 of this Act; or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (5), (6), or
(8) of subsection (b) of Section 214 of this Act, in a
valid order of protection which is authorized under the
laws of another state, tribe, or United States
territory.
(b) When violation is contempt of court. A violation of any
valid Illinois order of protection, whether issued in a civil
or criminal proceeding, may be enforced through civil or
criminal contempt procedures, as appropriate, by any court with
jurisdiction, regardless where the act or acts which violated
the order of protection were committed, to the extent
consistent with the venue provisions of this Act. Nothing in
this Act shall preclude any Illinois court from enforcing any
valid order of protection issued in another state. Illinois
courts may enforce orders of protection through both criminal
prosecution and contempt proceedings, unless the action which
is second in time is barred by collateral estoppel or the

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constitutional prohibition against double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an immediate
danger that the respondent will flee the jurisdiction,
conceal a child, or inflict physical abuse on the
petitioner or minor children or on dependent adults in
petitioner's care, the court may order the attachment of
the respondent without prior service of the rule to show
cause or the petition for a rule to show cause. Conditions
of release Bond shall be set unless specifically denied in
writing.
(2) A petition for a rule to show cause for violation
of an order of protection shall be treated as an expedited
proceeding.
(b-1) The court shall not hold a school district or private
or non-public school or any of its employees in civil or
criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(b-2) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Act for conduct of the minor respondent in violation of
this Act if the parents, guardian, or legal custodian directed,
encouraged, or assisted the respondent minor in such conduct.
(c) Violation of custody or support orders or temporary or
final judgments allocating parental responsibilities. A

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violation of remedies described in paragraphs (5), (6), (8), or
(9) of subsection (b) of Section 214 of this Act may be
enforced by any remedy provided by Section 607.5 of the
Illinois Marriage and Dissolution of Marriage Act. The court
may enforce any order for support issued under paragraph (12)
of subsection (b) of Section 214 in the manner provided for
under Parts V and VII of the Illinois Marriage and Dissolution
of Marriage Act.
(d) Actual knowledge. An order of protection may be
enforced pursuant to this Section if the respondent violates
the order after the respondent has actual knowledge of its
contents as shown through one of the following means:
(1) By service, delivery, or notice under Section 210.
(2) By notice under Section 210.1 or 211.
(3) By service of an order of protection under Section
222.
(4) By other means demonstrating actual knowledge of
the contents of the order.
(e) The enforcement of an order of protection in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order,
entered under Section 215.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(f) Circumstances. The court, when determining whether or

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not a violation of an order of protection has occurred, shall
not require physical manifestations of abuse on the person of
the victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection, where the court finds the commission of a crime
or contempt of court under subsections (a) or (b) of this
Section, the penalty shall be the penalty that generally
applies in such criminal or contempt proceedings, and may
include one or more of the following: incarceration,
payment of restitution, a fine, payment of attorneys' fees
and costs, or community service.
(2) The court shall hear and take into account evidence
of any factors in aggravation or mitigation before deciding
an appropriate penalty under paragraph (1) of this
subsection.
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any order of protection over any penalty previously
imposed by any court for respondent's violation of any
order of protection or penal statute involving
petitioner as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
order of protection; and

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(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of an order of protection
unless the court explicitly finds that an increased penalty
or that period of imprisonment would be manifestly unjust.
(4) In addition to any other penalties imposed for a
violation of an order of protection, a criminal court may
consider evidence of any violations of an order of
protection:
(i) to increase, revoke or modify the conditions of
pretrial release bail bond on an underlying criminal
charge pursuant to Section 110-6 of the Code of
Criminal Procedure of 1963;
(ii) to revoke or modify an order of probation,
conditional discharge or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(5) In addition to any other penalties, the court shall
impose an additional fine of $20 as authorized by Section
5-9-1.11 of the Unified Code of Corrections upon any person
convicted of or placed on supervision for a violation of an
order of protection. The additional fine shall be imposed
for each violation of this Section.
(Source: P.A. 99-90, eff. 1-1-16.)

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(750 ILCS 60/301) (from Ch. 40, par. 2313-1)
Sec. 301. Arrest without warrant.
(a) Any law enforcement officer may make an arrest without
warrant if the officer has probable cause to believe that the
person has committed or is committing any crime, including but
not limited to violation of an order of protection, under
Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
Criminal Code of 2012, even if the crime was not committed in
the presence of the officer.
(b) The law enforcement officer may verify the existence of
an order of protection by telephone or radio communication with
his or her law enforcement agency or by referring to the copy
of the order provided by the petitioner or respondent.
(c) Any law enforcement officer may make an arrest without
warrant if the officer has reasonable grounds to believe a
defendant at liberty under the provisions of subdivision (d)(1)
or (d)(2) of Section 110-10 of the Code of Criminal Procedure
of 1963 has violated a condition of his or her pretrial release
bail bond or recognizance.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
Section 10-315. The Industrial and Linen Supplies Marking
Law is amended by changing Section 11 as follows:
(765 ILCS 1045/11) (from Ch. 140, par. 111)

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Sec. 11. Search warrant.
Whenever the registrant, or officer, or authorized agent of
any firm, partnership or corporation which is a registrant
under this Act, takes an oath before any circuit court, that he
has reason to believe that any supplies are being unlawfully
used, sold, or secreted in any place, the court shall issue a
search warrant to any police officer authorizing such officer
to search the premises wherein it is alleged such articles may
be found and take into custody any person in whose possession
the articles are found. Any person so seized shall be taken
without unnecessary delay before the court issuing the search
warrant. The court is empowered to impose conditions of
pretrial release bail on any such person to compel his
attendance at any continued hearing.
(Source: P.A. 77-1273.)
Section 10-320. The Illinois Torture Inquiry and Relief
Commission Act is amended by changing Section 50 as follows:
(775 ILCS 40/50)
Sec. 50. Post-commission judicial review.
(a) If the Commission concludes there is sufficient
evidence of torture to merit judicial review, the Chair of the
Commission shall request the Chief Judge of the Circuit Court
of Cook County for assignment to a trial judge for
consideration. The court may receive proof by affidavits,

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depositions, oral testimony, or other evidence. In its
discretion the court may order the petitioner brought before
the court for the hearing. Notwithstanding the status of any
other postconviction proceedings relating to the petitioner,
if the court finds in favor of the petitioner, it shall enter
an appropriate order with respect to the judgment or sentence
in the former proceedings and such supplementary orders as to
rearraignment, retrial, custody, pretrial release bail or
discharge, or for such relief as may be granted under a
petition for a certificate of innocence, as may be necessary
and proper.
(b) The State's Attorney, or the State's Attorney's
designee, shall represent the State at the hearing before the
assigned judge.
(Source: P.A. 96-223, eff. 8-10-09.)
Section 10-325. The Unemployment Insurance Act is amended
by changing Section 602 as follows:
(820 ILCS 405/602) (from Ch. 48, par. 432)
Sec. 602. Discharge for misconduct - Felony.
A. An individual shall be ineligible for benefits for the
week in which he has been discharged for misconduct connected
with his work and, thereafter, until he has become reemployed
and has had earnings equal to or in excess of his current
weekly benefit amount in each of four calendar weeks which are

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either for services in employment, or have been or will be
reported pursuant to the provisions of the Federal Insurance
Contributions Act by each employing unit for which such
services are performed and which submits a statement certifying
to that fact. The requalification requirements of the preceding
sentence shall be deemed to have been satisfied, as of the date
of reinstatement, if, subsequent to his discharge by an
employing unit for misconduct connected with his work, such
individual is reinstated by such employing unit. For purposes
of this subsection, the term "misconduct" means the deliberate
and willful violation of a reasonable rule or policy of the
employing unit, governing the individual's behavior in
performance of his work, provided such violation has harmed the
employing unit or other employees or has been repeated by the
individual despite a warning or other explicit instruction from
the employing unit. The previous definition notwithstanding,
"misconduct" shall include any of the following work-related
circumstances:
1. Falsification of an employment application, or any
other documentation provided to the employer, to obtain
employment through subterfuge.
2. Failure to maintain licenses, registrations, and
certifications reasonably required by the employer, or
those that the individual is required to possess by law, to
perform his or her regular job duties, unless the failure
is not within the control of the individual.

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3. Knowing, repeated violation of the attendance
policies of the employer that are in compliance with State
and federal law following a written warning for an
attendance violation, unless the individual can
demonstrate that he or she has made a reasonable effort to
remedy the reason or reasons for the violations or that the
reason or reasons for the violations were out of the
individual's control. Attendance policies of the employer
shall be reasonable and provided to the individual in
writing, electronically, or via posting in the workplace.
4. Damaging the employer's property through conduct
that is grossly negligent.
5. Refusal to obey an employer's reasonable and lawful
instruction, unless the refusal is due to the lack of
ability, skills, or training for the individual required to
obey the instruction or the instruction would result in an
unsafe act.
6. Consuming alcohol or illegal or non-prescribed
prescription drugs, or using an impairing substance in an
off-label manner, on the employer's premises during
working hours in violation of the employer's policies.
7. Reporting to work under the influence of alcohol,
illegal or non-prescribed prescription drugs, or an
impairing substance used in an off-label manner in
violation of the employer's policies, unless the
individual is compelled to report to work by the employer

10100SB1968ham001 - 585 - LRB101 08002 RLC 74920 a
outside of scheduled and on-call working hours and informs
the employer that he or she is under the influence of
alcohol, illegal or non-prescribed prescription drugs, or
an impairing substance used in an off-label manner in
violation of the employer's policies.
8. Grossly negligent conduct endangering the safety of
the individual or co-workers.
For purposes of paragraphs 4 and 8, conduct is "grossly
negligent" when the individual is, or reasonably should be,
aware of a substantial risk that the conduct will result in the
harm sought to be prevented and the conduct constitutes a
substantial deviation from the standard of care a reasonable
person would exercise in the situation.
Nothing in paragraph 6 or 7 prohibits the lawful use of
over-the-counter drug products as defined in Section 206 of the
Illinois Controlled Substances Act, provided that the
medication does not affect the safe performance of the
employee's work duties.
B. Notwithstanding any other provision of this Act, no
benefit rights shall accrue to any individual based upon wages
from any employer for service rendered prior to the day upon
which such individual was discharged because of the commission
of a felony in connection with his work, or because of theft in
connection with his work, for which the employer was in no way
responsible; provided, that the employer notified the Director
of such possible ineligibility within the time limits specified

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by regulations of the Director, and that the individual has
admitted his commission of the felony or theft to a
representative of the Director, or has signed a written
admission of such act and such written admission has been
presented to a representative of the Director, or such act has
resulted in a conviction or order of supervision by a court of
competent jurisdiction; and provided further, that if by reason
of such act, he is in legal custody, held on pretrial release
bail or is a fugitive from justice, the determination of his
benefit rights shall be held in abeyance pending the result of
any legal proceedings arising therefrom.
(Source: P.A. 99-488, eff. 1-3-16.)
Article 15.
Pregnant Prisoner Rights
Section 15-5. The Counties Code is amended by changing
3-15003.6 and by adding Sections 3-15003.7, 3-15003.8,
3-15003.9, and 3-15003.10 as follows:
(55 ILCS 5/3-15003.6)
Sec. 3-15003.6. Pregnant female prisoners.
(a) Definitions. For the purpose of this Section and
Sections 3-15003.7, 3-15003.8, 3-15003.9, and 3-15003.10:
(1) "Restraints" means any physical restraint or
mechanical device used to control the movement of a

10100SB1968ham001 - 587 - LRB101 08002 RLC 74920 a
prisoner's body or limbs, or both, including, but not
limited to, flex cuffs, soft restraints, hard metal
handcuffs, a black box, Chubb cuffs, leg irons, belly
chains, a security (tether) chain, or a convex shield, or
shackles of any kind.
(2) "Labor" means the period of time before a birth and
shall include any medical condition in which a woman is
sent or brought to the hospital for the purpose of
delivering her baby. These situations include: induction
of labor, prodromal labor, pre-term labor, prelabor
rupture of membranes, the 3 stages of active labor, uterine
hemorrhage during the third trimester of pregnancy, and
caesarian delivery including pre-operative preparation.
(3) "Post-partum" means, as determined by her
physician, advanced practice registered nurse, or
physician assistant, the period immediately following
delivery, including the entire period a woman is in the
hospital or infirmary after birth.
(4) "Correctional institution" means any entity under
the authority of a county law enforcement division of a
county of more than 3,000,000 inhabitants that has the
power to detain or restrain, or both, a person under the
laws of the State.
(5) "Corrections official" means the official that is
responsible for oversight of a correctional institution,
or his or her designee.

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(6) "Prisoner" means any person incarcerated or
detained in any facility who is accused of, convicted of,
sentenced for, or adjudicated delinquent for, violations
of criminal law or the terms and conditions of parole,
probation, pretrial release, or diversionary program, and
any person detained under the immigration laws of the
United States at any correctional facility.
(7) "Extraordinary circumstance" means an
extraordinary medical or security circumstance, including
a substantial flight risk, that dictates restraints be used
to ensure the safety and security of the prisoner, the
staff of the correctional institution or medical facility,
other prisoners, or the public.
(b) A county department of corrections shall not apply
security restraints to a prisoner that has been determined by a
qualified medical professional to be pregnant and is known by
the county department of corrections to be pregnant or in
postpartum recovery, which is the entire period a woman is in
the medical facility after birth, unless the corrections
official makes an individualized determination that the
prisoner presents a substantial flight risk or some other
extraordinary circumstance that dictates security restraints
be used to ensure the safety and security of the prisoner, her
child or unborn child, the staff of the county department of
corrections or medical facility, other prisoners, or the
public. The protections set out in clauses (b)(3) and (b)(4) of

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this Section shall apply to security restraints used pursuant
to this subsection. The corrections official shall immediately
remove all restraints upon the written or oral request of
medical personnel. Oral requests made by medical personnel
shall be verified in writing as promptly as reasonably
possible.
(1) Qualified authorized health staff shall have the
authority to order therapeutic restraints for a pregnant or
postpartum prisoner who is a danger to herself, her child,
unborn child, or other persons due to a psychiatric or
medical disorder. Therapeutic restraints may only be
initiated, monitored and discontinued by qualified and
authorized health staff and used to safely limit a
prisoner's mobility for psychiatric or medical reasons. No
order for therapeutic restraints shall be written unless
medical or mental health personnel, after personally
observing and examining the prisoner, are clinically
satisfied that the use of therapeutic restraints is
justified and permitted in accordance with hospital
policies and applicable State law. Metal handcuffs or
shackles are not considered therapeutic restraints.
(2) Whenever therapeutic restraints are used by
medical personnel, Section 2-108 of the Mental Health and
Developmental Disabilities Code shall apply.
(3) Leg irons, shackles or waist shackles shall not be
used on any pregnant or postpartum prisoner regardless of

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security classification. Except for therapeutic restraints
under clause (b)(2), no restraints of any kind may be
applied to prisoners during labor.
(4) When a pregnant or postpartum prisoner must be
restrained, restraints used shall be the least restrictive
restraints possible to ensure the safety and security of
the prisoner, her child, unborn child, the staff of the
county department of corrections or medical facility,
other prisoners, or the public, and in no case shall
include leg irons, shackles or waist shackles.
(5) Upon the pregnant prisoner's entry into a hospital
room, and completion of initial room inspection, a
corrections official shall be posted immediately outside
the hospital room, unless requested to be in the room by
medical personnel attending to the prisoner's medical
needs.
(6) The county department of corrections shall provide
adequate corrections personnel to monitor the pregnant
prisoner during her transport to and from the hospital and
during her stay at the hospital.
(7) Where the county department of corrections
requires prisoner safety assessments, a corrections
official may enter the hospital room to conduct periodic
prisoner safety assessments, except during a medical
examination or the delivery process.
(8) Upon discharge from a medical facility, postpartum

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prisoners shall be restrained only with handcuffs in front
of the body during transport to the county department of
corrections. A corrections official shall immediately
remove all security restraints upon written or oral request
by medical personnel. Oral requests made by medical
personnel shall be verified in writing as promptly as
reasonably possible.
(c) Enforcement. No later than 30 days before the end of
each fiscal year, the county sheriff or corrections official of
the correctional institution where a pregnant prisoner has been
restrained during that previous fiscal year, shall submit a
written report to the Illinois General Assembly and the Office
of the Governor that includes an account of every instance of
prisoner restraint pursuant to this Section. The written report
shall state the date, time, location and rationale for each
instance in which restraints are used. The written report shall
not contain any individually identifying information of any
prisoner. Such reports shall be made available for public
inspection.
(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18.)
(55 ILCS 5/3-15003.7 new)
Sec. 3-15003.7. Corrections official training related to
pregnant prisoners.
(a) A county department of corrections shall provide
training relating to medical and mental health care issues

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applicable to pregnant prisoners to:
(1) each corrections official employed by a county
department at a correctional institution in which female
prisoners are confined; and
(2) any other county department of corrections
employee whose duties involve contact with pregnant
prisoners.
(b) The training must include information regarding:
(1) appropriate care for pregnant prisoners; and
(2) the impact on a pregnant prisoner and the
prisoner's unborn child of:
(A) the use of restraints;
(B) placement in administrative segregation; and
(C) invasive searches.
(55 ILCS 5/3-15003.8 new)
Sec. 3-15003.8. Educational programing for pregnant
prisoners. A county department of corrections shall develop and
provide to each pregnant prisoner educational programming
relating to pregnancy and parenting. The programming must
include instruction regarding:
(1) appropriate prenatal care and hygiene;
(2) the effects of prenatal exposure to alcohol and drugs
on a developing fetus;
(3) parenting skills; and
(4) medical and mental health issues applicable to

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children.
(55 ILCS 5/3-15003.9 new)
Sec. 3-15003.9. Prisoner post-partum recovery
requirements. A county department of corrections shall ensure
that, for a period of 72 hours after the birth of an infant by a
prisoner:
(1) the infant is allowed to remain with the prisoner,
unless a medical professional determines doing so would
pose a health or safety risk to the prisoner or infant; and
(2) the prisoner has access to any nutritional or
hygiene-related products necessary to care for the infant,
including diapers.
(55 ILCS 5/3-15003.10 new)
Sec. 3-15003.10. Housing requirements applicable to
pregnant prisoners.
(a) A county department of corrections may not place in
administrative segregation a prisoner who is pregnant or who
gave birth during the preceding 30 days unless the director of
the county department of corrections or the director's designee
determines that the placement is necessary based on a
reasonable belief that the prisoner will harm herself, the
prisoner's infant, or any other person or will attempt escape.
(b) A county department of corrections may not assign a
pregnant prisoner to any bed that is elevated more than 3 feet

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above the floor.
Section 15-10. The Unified Code of Corrections is amended
by adding Sections 3-6-7.1, 3-6-7.2, 3-6-7.3, and 3-6-7.4 as
follows:
(730 ILCS 5/3-6-7.1 new)
Sec. 3-6-7.1. Correctional officer training related to
pregnant committed persons.
(a) The Department shall provide training relating to
medical and mental health care issues applicable to pregnant
committed persons to:
(1) each correctional officer employed by the
Department at a correctional institution or facility in
which female committed persons are confined; and
(2) any other Department employee whose duties involve
contact with pregnant committed persons.
(b) The training must include information regarding:
(1) appropriate care for pregnant committed persons;
and
(2) the impact on a pregnant committed person and the
committed person's unborn child of:
(A) the use of restraints;
(B) placement in administrative segregation; and
(C) invasive searches.

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(730 ILCS 5/3-6-7.2 new)
Sec. 3-6-7.2. Educational programing for pregnant
committed persons. The Department shall develop and provide to
each pregnant committed person educational programming
relating to pregnancy and parenting. The programming must
include instruction regarding:
(1) appropriate prenatal care and hygiene;
(2) the effects of prenatal exposure to alcohol and drugs
on a developing fetus;
(3) parenting skills; and
(4) medical and mental health issues applicable to
children.
(730 ILCS 5/3-6-7.3 new)
Sec. 3-6-7.3. Committed person post-partum recovery
requirements. The Department shall ensure that, for a period of
72 hours after the birth of an infant by an committed person:
(1) the infant is allowed to remain with the committed
person, unless a medical professional determines doing so
would pose a health or safety risk to the committed person
or infant; and
(2) the committed person has access to any nutritional
or hygiene-related products necessary to care for the
infant, including diapers.
(730 ILCS 5/3-6-7.4 new)

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Sec. 3-6-7.4. Housing requirements applicable to pregnant
committed persons.
(a) The Department may not place in administrative
segregation a committed person who is pregnant or who gave
birth during the preceding 30 days unless the Director or the
Director's designee determines that the placement is necessary
based on a reasonable belief that the committed person will
harm herself, the committed person's infant, or any other
person or will attempt escape.
(b) The Department may not assign a pregnant committed
person to any bed that is elevated more than 3 feet above the
floor.
Section 15-15. The County Jail Act is amended by adding
Sections 17.6, 17.7, 17.8, and 17.9 as follows:
(730 ILCS 125/17.6 new)
Sec. 17.6. Sheriff training related to pregnant prisoners.
(a) The sheriff shall provide training relating to medical
and mental health care issues applicable to pregnant prisoners
confined in the county jail to:
(1) each correctional officer employed by the sheriff
at the county jail in which female committed persons are
confined; and
(2) any other sheriff employee whose duties involve
contact with pregnant prisoners.

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(b) The training must include information regarding:
(1) appropriate care for pregnant prisoners; and
(2) the impact on a pregnant prisoner and the
prisoner's unborn child of:
(A) the use of restraints;
(B) placement in administrative segregation; and
(C) invasive searches.
(730 ILCS 125/17.7 new)
Sec. 17.7. Educational programing for pregnant prisoners.
The sheriff shall develop and provide to each pregnant prisoner
educational programming relating to pregnancy and parenting.
The programming must include instruction regarding:
(1) appropriate prenatal care and hygiene;
(2) the effects of prenatal exposure to alcohol and drugs
on a developing fetus;
(3) parenting skills; and
(4) medical and mental health issues applicable to
children.
(730 ILCS 125/17.8 new)
Sec. 17.8. Prisoner post-partum recovery requirements. The
sheriff shall ensure that, for a period of 72 hours after the
birth of an infant by a prisoner:
(1) the infant is allowed to remain with the prisoner,
unless a medical professional determines doing so would

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pose a health or safety risk to the prisoner or infant; and
(2) the prisoner has access to any nutritional or
hygiene-related products necessary to care for the infant,
including diapers.
(730 ILCS 125/17.9 new)
Sec. 17.9. Housing requirements applicable to pregnant
prisoners.
(a) The sheriff may not place in administrative segregation
a prisoner who is pregnant or who gave birth during the
preceding 30 days unless the sheriff or the sheriff's designee
determines that the placement is necessary based on a
reasonable belief that the prisoner will harm herself, the
prisoner's infant, or any other person or will attempt escape.
(b) The sheriff may not assign a pregnant committed person
to any bed that is elevated more than 3 feet above the floor.
Article 20.
Mandatory Minimums
Section 20-5. The Unified Code of Corrections is amended by
changing Section 5-4-1 as follows:
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
Sec. 5-4-1. Sentencing hearing.
(a) Except when the death penalty is sought under hearing

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procedures otherwise specified, after a determination of
guilt, a hearing shall be held to impose the sentence. However,
prior to the imposition of sentence on an individual being
sentenced for an offense based upon a charge for a violation of
Section 11-501 of the Illinois Vehicle Code or a similar
provision of a local ordinance, the individual must undergo a
professional evaluation to determine if an alcohol or other
drug abuse problem exists and the extent of such a problem.
Programs conducting these evaluations shall be licensed by the
Department of Human Services. However, if the individual is not
a resident of Illinois, the court may, in its discretion,
accept an evaluation from a program in the state of such
individual's residence. The court may in its sentencing order
approve an eligible defendant for placement in a Department of
Corrections impact incarceration program as provided in
Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
order recommend a defendant for placement in a Department of
Corrections substance abuse treatment program as provided in
paragraph (a) of subsection (1) of Section 3-2-2 conditioned
upon the defendant being accepted in a program by the
Department of Corrections. At the hearing the court shall:
(1) consider the evidence, if any, received upon the
trial;
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
based on the financial impact statement filed with the

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clerk of the court by the Department of Corrections;
(4) consider evidence and information offered by the
parties in aggravation and mitigation;
(4.5) consider substance abuse treatment, eligibility
screening, and an assessment, if any, of the defendant by
an agent designated by the State of Illinois to provide
assessment services for the Illinois courts;
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
statement in his own behalf;
(7) afford the victim of a violent crime or a violation
of Section 11-501 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, the opportunity to
present an oral or written statement, as guaranteed by
Article I, Section 8.1 of the Illinois Constitution and
provided in Section 6 of the Rights of Crime Victims and
Witnesses Act. The court shall allow a victim to make an
oral statement if the victim is present in the courtroom
and requests to make an oral or written statement. An oral
or written statement includes the victim or a
representative of the victim reading the written
statement. The court may allow persons impacted by the
crime who are not victims under subsection (a) of Section 3
of the Rights of Crime Victims and Witnesses Act to present
an oral or written statement. A victim and any person
making an oral statement shall not be put under oath or

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subject to cross-examination. All statements offered under
this paragraph (7) shall become part of the record of the
court. In this paragraph (7), "victim of a violent crime"
means a person who is a victim of a violent crime for which
the defendant has been convicted after a bench or jury
trial or a person who is the victim of a violent crime with
which the defendant was charged and the defendant has been
convicted under a plea agreement of a crime that is not a
violent crime as defined in subsection (c) of 3 of the
Rights of Crime Victims and Witnesses Act;
(7.5) afford a qualified person affected by: (i) a
violation of Section 405, 405.1, 405.2, or 407 of the
Illinois Controlled Substances Act or a violation of
Section 55 or Section 65 of the Methamphetamine Control and
Community Protection Act; or (ii) a Class 4 felony
violation of Section 11-14, 11-14.3 except as described in
subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code of 1961 or the
Criminal Code of 2012, committed by the defendant the
opportunity to make a statement concerning the impact on
the qualified person and to offer evidence in aggravation
or mitigation; provided that the statement and evidence
offered in aggravation or mitigation shall first be
prepared in writing in conjunction with the State's
Attorney before it may be presented orally at the hearing.
Sworn testimony offered by the qualified person is subject

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to the defendant's right to cross-examine. All statements
and evidence offered under this paragraph (7.5) shall
become part of the record of the court. In this paragraph
(7.5), "qualified person" means any person who: (i) lived
or worked within the territorial jurisdiction where the
offense took place when the offense took place; or (ii) is
familiar with various public places within the territorial
jurisdiction where the offense took place when the offense
took place. "Qualified person" includes any peace officer
or any member of any duly organized State, county, or
municipal peace officer unit assigned to the territorial
jurisdiction where the offense took place when the offense
took place;
(8) in cases of reckless homicide afford the victim's
spouse, guardians, parents or other immediate family
members an opportunity to make oral statements;
(9) in cases involving a felony sex offense as defined
under the Sex Offender Management Board Act, consider the
results of the sex offender evaluation conducted pursuant
to Section 5-3-2 of this Act; and
(10) make a finding of whether a motor vehicle was used
in the commission of the offense for which the defendant is
being sentenced.
(b) All sentences shall be imposed by the judge based upon
his independent assessment of the elements specified above and
any agreement as to sentence reached by the parties. The judge

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who presided at the trial or the judge who accepted the plea of
guilty shall impose the sentence unless he is no longer sitting
as a judge in that court. Where the judge does not impose
sentence at the same time on all defendants who are convicted
as a result of being involved in the same offense, the
defendant or the State's Attorney may advise the sentencing
court of the disposition of any other defendants who have been
sentenced.
(b-1) In imposing a sentence of imprisonment or periodic
imprisonment for a Class 3 or Class 4 felony for which a
sentence of probation or conditional discharge is an available
sentence, if the defendant has no prior sentence of probation
or conditional discharge and no prior conviction for a violent
crime, the defendant shall not be sentenced to imprisonment
before review and consideration of a presentence report and
determination and explanation of why the particular evidence,
information, factor in aggravation, factual finding, or other
reasons support a sentencing determination that one or more of
the factors under subsection (a) of Section 5-6-1 of this Code
apply and that probation or conditional discharge is not an
appropriate sentence.
(c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a vehicle
while under the influence of alcohol, any other drug or any
combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury to

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someone other than the defendant, the trial judge shall specify
on the record the particular evidence, information, factors in
mitigation and aggravation or other reasons that led to his
sentencing determination. The full verbatim record of the
sentencing hearing shall be filed with the clerk of the court
and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated
kidnapping for ransom, home invasion, armed robbery,
aggravated vehicular hijacking, aggravated discharge of a
firearm, or armed violence with a category I weapon or category
II weapon, the trial judge shall make a finding as to whether
the conduct leading to conviction for the offense resulted in
great bodily harm to a victim, and shall enter that finding and
the basis for that finding in the record.
(c-1.5) Notwithstanding any other provision of law to the
contrary, in imposing a sentence for an offense that requires a
mandatory minimum sentence of imprisonment, the court may
instead sentence the offender to probation, conditional
discharge, or a lesser term of imprisonment it deems
appropriate if: (1) the offense involves the use or possession
of drugs, retail theft, or driving on a revoked license due to
unpaid financial obligations; (2) the court finds that the
defendant does not pose a risk to public safety; and (3) the
interest of justice requires imposing a term of probation,
conditional discharge, or a lesser term of imprisonment. The
court must state on the record its reasons for imposing

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probation, conditional discharge, or a lesser term of
imprisonment.
(c-2) If the defendant is sentenced to prison, other than
when a sentence of natural life imprisonment or a sentence of
death is imposed, at the time the sentence is imposed the judge
shall state on the record in open court the approximate period
of time the defendant will serve in custody according to the
then current statutory rules and regulations for sentence
credit found in Section 3-6-3 and other related provisions of
this Code. This statement is intended solely to inform the
public, has no legal effect on the defendant's actual release,
and may not be relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her
sentence credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional earned
sentence credit. If the defendant, because of his or her own

10100SB1968ham001 - 606 - LRB101 08002 RLC 74920 a
misconduct or failure to comply with the institutional
regulations, does not receive those credits, the actual time
served in prison will be longer. The defendant may also receive
an additional one-half day sentence credit for each day of
participation in vocational, industry, substance abuse, and
educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or after
June 19, 1998, and when the sentence is imposed for reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
offense was committed on or after January 1, 1999, and when the
sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code, and when the sentence is
imposed for aggravated arson if the offense was committed on or
after July 27, 2001 (the effective date of Public Act 92-176),
and when the sentence is imposed for aggravated driving under
the influence of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code committed on or after
January 1, 2011 (the effective date of Public Act 96-1230), the

10100SB1968ham001 - 607 - LRB101 08002 RLC 74920 a
judge's statement, to be given after pronouncing the sentence,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
sentence credit for each month of his or her sentence of
imprisonment. Therefore, this defendant will serve at least 85%
of his or her sentence. Assuming the defendant receives 4 1/2
days credit for each month of his or her sentence, the period
of estimated actual custody is ... years and ... months. If the
defendant, because of his or her own misconduct or failure to
comply with the institutional regulations receives lesser
credit, the actual time served in prison will be longer."
When a sentence of imprisonment is imposed for first degree
murder and the offense was committed on or after June 19, 1998,
the judge's statement, to be given after pronouncing the
sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of

10100SB1968ham001 - 608 - LRB101 08002 RLC 74920 a
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is not entitled to sentence credit.
Therefore, this defendant will serve 100% of his or her
sentence."
When the sentencing order recommends placement in a
substance abuse program for any offense that results in
incarceration in a Department of Corrections facility and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the judge's statement, in
addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall
include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no earned sentence credit
under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a substance abuse treatment
program or receives a waiver from the Director of Corrections
pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the
presentence investigation under Section 5-3-1, the court shall
inquire of the defendant whether the defendant is currently

10100SB1968ham001 - 609 - LRB101 08002 RLC 74920 a
serving in or is a veteran of the Armed Forces of the United
States. If the defendant is currently serving in the Armed
Forces of the United States or is a veteran of the Armed Forces
of the United States and has been diagnosed as having a mental
illness by a qualified psychiatrist or clinical psychologist or
physician, the court may:
(1) order that the officer preparing the presentence
report consult with the United States Department of
Veterans Affairs, Illinois Department of Veterans'
Affairs, or another agency or person with suitable
knowledge or experience for the purpose of providing the
court with information regarding treatment options
available to the defendant, including federal, State, and
local programming; and
(2) consider the treatment recommendations of any
diagnosing or treating mental health professionals
together with the treatment options available to the
defendant in imposing sentence.
For the purposes of this subsection (c-4), "qualified
psychiatrist" means a reputable physician licensed in Illinois
to practice medicine in all its branches, who has specialized
in the diagnosis and treatment of mental and nervous disorders
for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall
specify, on the record, the particular evidence and other
reasons which led to his or her determination that a motor

10100SB1968ham001 - 610 - LRB101 08002 RLC 74920 a
vehicle was used in the commission of the offense.
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or
institution during its custody of such person. The clerk shall
within 10 days after receiving any such statements transmit a
copy to such department, agency or institution and a copy to
the other party, provided, however, that this shall not be
cause for delay in conveying the person to the department,
agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
imposing the sentence;
(3) any presentence reports;
(3.5) any sex offender evaluations;

10100SB1968ham001 - 611 - LRB101 08002 RLC 74920 a
(3.6) any substance abuse treatment eligibility
screening and assessment of the defendant by an agent
designated by the State of Illinois to provide assessment
services for the Illinois courts;
(4) the number of days, if any, which the defendant has
been in custody and for which he is entitled to credit
against the sentence, which information shall be provided
to the clerk by the sheriff;
(4.1) any finding of great bodily harm made by the
court with respect to an offense enumerated in subsection
(c-1);
(5) all statements filed under subsection (d) of this
Section;
(6) any medical or mental health records or summaries
of the defendant;
(7) the municipality where the arrest of the offender
or the commission of the offense has occurred, where such
municipality has a population of more than 25,000 persons;
(8) all statements made and evidence offered under
paragraph (7) of subsection (a) of this Section; and
(9) all additional matters which the court directs the
clerk to transmit.
(f) In cases in which the court finds that a motor vehicle
was used in the commission of the offense for which the
defendant is being sentenced, the clerk of the court shall,
within 5 days thereafter, forward a report of such conviction

10100SB1968ham001 - 612 - LRB101 08002 RLC 74920 a
to the Secretary of State.
(Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18;
100-961, eff. 1-1-19; revised 10-3-18.)
Article 25.
Law Enforcement
Section 25-5. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do not
require the holding of a closed meeting to discuss a subject
included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific

10100SB1968ham001 - 613 - LRB101 08002 RLC 74920 a
employees, specific individuals who serve as independent
contractors in a park, recreational, or educational
setting, or specific volunteers of the public body or legal
counsel for the public body, including hearing testimony on
a complaint lodged against an employee, a specific
individual who serves as an independent contractor in a
park, recreational, or educational setting, or a volunteer
of the public body or against legal counsel for the public
body to determine its validity. However, a meeting to
consider an increase in compensation to a specific employee
of a public body that is subject to the Local Government
Wage Increase Transparency Act may not be closed and shall
be open to the public and posted and held in accordance
with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the public
body is given power to remove the occupant under law or
ordinance.
(4) Evidence or testimony presented in open hearing, or

10100SB1968ham001 - 614 - LRB101 08002 RLC 74920 a
in closed hearing where specifically authorized by law, to
a quasi-adjudicative body, as defined in this Act, provided
that the body prepares and makes available for public
inspection a written decision setting forth its
determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the purpose
of discussing whether a particular parcel should be
acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments, or
investment contracts. This exception shall not apply to the
investment of assets or income of funds deposited into the
Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, and the use of personnel and equipment to respond
to an actual, a threatened, or a reasonably potential
danger to the safety of employees, students, staff, the
public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and

10100SB1968ham001 - 615 - LRB101 08002 RLC 74920 a
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public body
is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair housing
practices and creating a commission or administrative
agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a

10100SB1968ham001 - 616 - LRB101 08002 RLC 74920 a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals, or for the discussion of matters protected
under the federal Patient Safety and Quality Improvement
Act of 2005, and the regulations promulgated thereunder,
including 42 C.F.R. Part 3 (73 FR 70732), or the federal
Health Insurance Portability and Accountability Act of
1996, and the regulations promulgated thereunder,
including 45 C.F.R. Parts 160, 162, and 164, by a hospital,
or other institution providing medical care, that is
operated by the public body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed

10100SB1968ham001 - 617 - LRB101 08002 RLC 74920 a
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes as
mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) (Blank).
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(29) Meetings between internal or external auditors

10100SB1968ham001 - 618 - LRB101 08002 RLC 74920 a
and governmental audit committees, finance committees, and
their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk
areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(30) Those meetings or portions of meetings of a
fatality review team or the Illinois Fatality Review Team
Advisory Council during which a review of the death of an
eligible adult in which abuse or neglect is suspected,
alleged, or substantiated is conducted pursuant to Section
15 of the Adult Protective Services Act.
(31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm
Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion
involves review by the Regional Transportation Authority
Board of employment contracts under Section 28d of the
Metropolitan Transit Authority Act and Sections 3A.18 and
3B.26 of the Regional Transportation Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created
under Section 320 of the Illinois Controlled Substances Act
during which specific controlled substance prescriber,
dispenser, or patient information is discussed.

10100SB1968ham001 - 619 - LRB101 08002 RLC 74920 a
(34) Meetings of the Tax Increment Financing Reform
Task Force under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.
(35) Meetings of the group established to discuss
Medicaid capitation rates under Section 5-30.8 of the
Illinois Public Aid Code.
(36) Those deliberations or portions of deliberations
for decisions of the Illinois Gaming Board in which there
is discussed any of the following: (i) personal,
commercial, financial, or other information obtained from
any source that is privileged, proprietary, confidential,
or a trade secret; or (ii) information specifically
exempted from the disclosure by federal or State law.
(37) Deliberations for decisions of the Illinois Law
Enforcement Training Standards Board, the Certification
Review Panel, and the Illinois State Police Merit Board
regarding certification and decertification.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include

10100SB1968ham001 - 620 - LRB101 08002 RLC 74920 a
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other information
that will inform the public of the business being conducted.
(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
8-23-19; revised 9-27-19.)
Section 25-10. The Freedom of Information Act is amended by
changing Sections 7 and 7.5 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from disclosure
under this Section, but also contains information that is not

10100SB1968ham001 - 621 - LRB101 08002 RLC 74920 a
exempt from disclosure, the public body may elect to redact the
information that is exempt. The public body shall make the
remaining information available for inspection and copying.
Subject to this requirement, the following shall be exempt from
inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and regulations
implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law or
a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or more
law enforcement agencies regarding the physical or mental
status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, unless the
disclosure is consented to in writing by the individual
subjects of the information. "Unwarranted invasion of
personal privacy" means the disclosure of information that
is highly personal or objectionable to a reasonable person
and in which the subject's right to privacy outweighs any
legitimate public interest in obtaining the information.
The disclosure of information that bears on the public

10100SB1968ham001 - 622 - LRB101 08002 RLC 74920 a
duties of public employees and officials shall not be
considered an invasion of personal privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the extent
that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic accidents, traffic accident
reports, and rescue reports shall be provided by
agencies of local government, except when disclosure

10100SB1968ham001 - 623 - LRB101 08002 RLC 74920 a
would interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known or
disclose internal documents of correctional agencies
related to detection, observation or investigation of
incidents of crime or misconduct, and disclosure would
result in demonstrable harm to the agency or public
body that is the recipient of the request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency that
is the recipient of the request did not create the record,
did not participate in or have a role in any of the events
which are the subject of the record, and only has access to
the record through the shared electronic record management
system.
(d-6) Records contained in the Officer Professional
Conduct Database under Section 9.4 of the Illinois Police
Training Act, except to the extent authorized under that
Section. This includes the documents supplied to Illinois

10100SB1968ham001 - 624 - LRB101 08002 RLC 74920 a
Law Enforcement Training Standards Board from the Illinois
State Police and Illinois State Police Merit Board.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the disclosure
of which would result in the risk of harm to any person or

10100SB1968ham001 - 625 - LRB101 08002 RLC 74920 a
the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail or
committed to the Department of Corrections or Department of
Human Services Division of Mental Health, containing
personal information pertaining to the person's victim or
the victim's family, including, but not limited to, a
victim's home address, home telephone number, work or
school address, work telephone number, social security
number, or any other identifying information, except as may
be relevant to a requester's current or potential case or
claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not limited
to, arrest and booking records, mug shots, and crime scene
photographs, except as these records may be relevant to the
requester's current or potential case or claim.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those records

10100SB1968ham001 - 626 - LRB101 08002 RLC 74920 a
of officers and agencies of the General Assembly that
pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension fund,
from a private equity fund or a privately held company
within the investment portfolio of a private equity fund as
a result of either investing or evaluating a potential
investment of public funds in a private equity fund. The
exemption contained in this item does not apply to the
aggregate financial performance information of a private
equity fund, nor to the identity of the fund's managers or
general partners. The exemption contained in this item does
not apply to the identity of a privately held company
within the investment portfolio of a private equity fund,
unless the disclosure of the identity of a privately held
company may cause competitive harm.

10100SB1968ham001 - 627 - LRB101 08002 RLC 74920 a
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced by
any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by news
media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic

10100SB1968ham001 - 628 - LRB101 08002 RLC 74920 a
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including, but not limited to, power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public under

10100SB1968ham001 - 629 - LRB101 08002 RLC 74920 a
Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that would
not be subject to discovery in litigation, and materials
prepared or compiled by or for a public body in
anticipation of a criminal, civil, or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication of
employee grievances or disciplinary cases; however, this
exemption shall not extend to the final outcome of cases in
which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but
not limited to, software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or

10100SB1968ham001 - 630 - LRB101 08002 RLC 74920 a
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of an
applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents, and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible

10100SB1968ham001 - 631 - LRB101 08002 RLC 74920 a
for the regulation or supervision of financial
institutions, insurance companies, or pharmacy benefit
managers, unless disclosure is otherwise required by State
law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to be
used to create electronic or digital signatures under the
Electronic Commerce Security Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a community's
population or systems, facilities, or installations, the
destruction or contamination of which would constitute a
clear and present danger to the health or safety of the
community, but only to the extent that disclosure could
reasonably be expected to jeopardize the effectiveness of
the measures or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, or to
tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,

10100SB1968ham001 - 632 - LRB101 08002 RLC 74920 a
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power Agency
Act and Section 16-111.5 of the Public Utilities Act that
is determined to be confidential and proprietary by the
Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.

10100SB1968ham001 - 633 - LRB101 08002 RLC 74920 a
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of 2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to the
Department of Corrections under the Sexually Dangerous

10100SB1968ham001 - 634 - LRB101 08002 RLC 74920 a
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request to
the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding
of a governmental entity or a person.
(ll) (kk) Records concerning the work of the threat
assessment team of a school district.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,

10100SB1968ham001 - 635 - LRB101 08002 RLC 74920 a
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.
(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
1-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of

10100SB1968ham001 - 636 - LRB101 08002 RLC 74920 a
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.

10100SB1968ham001 - 637 - LRB101 08002 RLC 74920 a
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of

10100SB1968ham001 - 638 - LRB101 08002 RLC 74920 a
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Office due to its administration of
the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, or any
subsequent amendments thereto, and any regulations
promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).

10100SB1968ham001 - 639 - LRB101 08002 RLC 74920 a
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory

10100SB1968ham001 - 640 - LRB101 08002 RLC 74920 a
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day and

10100SB1968ham001 - 641 - LRB101 08002 RLC 74920 a
temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session prohibited
from disclosure under the First Responders Suicide
Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of

10100SB1968ham001 - 642 - LRB101 08002 RLC 74920 a
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the State Police
Act.
(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,

10100SB1968ham001 - 643 - LRB101 08002 RLC 74920 a
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
eff. 7-7-20.)
(5 ILCS 140/7.1 rep.)
Section 25-15. The Freedom of Information Act is amended by
repealing Section 7.1.
Section 25-20. The State Employee Indemnification Act is
amended by changing Section 1 as follows:
(5 ILCS 350/1) (from Ch. 127, par. 1301)
Sec. 1. Definitions. For the purpose of this Act:
(a) The term "State" means the State of Illinois, the
General Assembly, the court, or any State office, department,
division, bureau, board, commission, or committee, the
governing boards of the public institutions of higher education
created by the State, the Illinois National Guard, the Illinois
State Guard, the Comprehensive Health Insurance Board, any
poison control center designated under the Poison Control
System Act that receives State funding, or any other agency or
instrumentality of the State. It does not mean any local public

10100SB1968ham001 - 644 - LRB101 08002 RLC 74920 a
entity as that term is defined in Section 1-206 of the Local
Governmental and Governmental Employees Tort Immunity Act or a
pension fund.
(b) The term "employee" means: any present or former
elected or appointed officer, trustee or employee of the State,
or of a pension fund; any present or former commissioner or
employee of the Executive Ethics Commission or of the
Legislative Ethics Commission; any present or former
Executive, Legislative, or Auditor General's Inspector
General; any present or former employee of an Office of an
Executive, Legislative, or Auditor General's Inspector
General; any present or former member of the Illinois National
Guard while on active duty; any present or former member of the
Illinois State Guard while on State active duty; individuals or
organizations who contract with the Department of Corrections,
the Department of Juvenile Justice, the Comprehensive Health
Insurance Board, or the Department of Veterans' Affairs to
provide services; individuals or organizations who contract
with the Department of Human Services (as successor to the
Department of Mental Health and Developmental Disabilities) to
provide services including but not limited to treatment and
other services for sexually violent persons; individuals or
organizations who contract with the Department of Military
Affairs for youth programs; individuals or organizations who
contract to perform carnival and amusement ride safety
inspections for the Department of Labor; individuals who

10100SB1968ham001 - 645 - LRB101 08002 RLC 74920 a
contract with the Office of the State's Attorneys Appellate
Prosecutor to provide legal services, but only when performing
duties within the scope of the Office's prosecutorial
activities; individual representatives of or designated
organizations authorized to represent the Office of State
Long-Term Ombudsman for the Department on Aging; individual
representatives of or organizations designated by the
Department on Aging in the performance of their duties as adult
protective services agencies or regional administrative
agencies under the Adult Protective Services Act; individuals
or organizations appointed as members of a review team or the
Advisory Council under the Adult Protective Services Act;
individuals or organizations who perform volunteer services
for the State where such volunteer relationship is reduced to
writing; individuals who serve on any public entity (whether
created by law or administrative action) described in paragraph
(a) of this Section; individuals or not for profit
organizations who, either as volunteers, where such volunteer
relationship is reduced to writing, or pursuant to contract,
furnish professional advice or consultation to any agency or
instrumentality of the State; individuals who serve as foster
parents for the Department of Children and Family Services when
caring for youth in care as defined in Section 4d of the
Children and Family Services Act; individuals who serve as
members of an independent team of experts under the
Developmental Disability and Mental Health Safety Act (also

10100SB1968ham001 - 646 - LRB101 08002 RLC 74920 a
known as Brian's Law); and individuals who serve as arbitrators
pursuant to Part 10A of Article II of the Code of Civil
Procedure and the rules of the Supreme Court implementing Part
10A, each as now or hereafter amended; the members of the
Certification Review Panel under the Illinois Police Training
Act; the term "employee" does not mean an independent
contractor except as provided in this Section. The term
includes an individual appointed as an inspector by the
Director of State Police when performing duties within the
scope of the activities of a Metropolitan Enforcement Group or
a law enforcement organization established under the
Intergovernmental Cooperation Act. An individual who renders
professional advice and consultation to the State through an
organization which qualifies as an "employee" under the Act is
also an employee. The term includes the estate or personal
representative of an employee.
(c) The term "pension fund" means a retirement system or
pension fund created under the Illinois Pension Code.
(Source: P.A. 100-159, eff. 8-18-17; 100-1030, eff. 8-22-18;
101-81, eff. 7-12-19.)
Section 25-25. The Personnel Code is amended by changing
Section 4c as follows:
(20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
Sec. 4c. General exemptions. The following positions in

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State service shall be exempt from jurisdictions A, B, and C,
unless the jurisdictions shall be extended as provided in this
Act:
(1) All officers elected by the people.
(2) All positions under the Lieutenant Governor,
Secretary of State, State Treasurer, State Comptroller,
State Board of Education, Clerk of the Supreme Court,
Attorney General, and State Board of Elections.
(3) Judges, and officers and employees of the courts,
and notaries public.
(4) All officers and employees of the Illinois General
Assembly, all employees of legislative commissions, all
officers and employees of the Illinois Legislative
Reference Bureau and the Legislative Printing Unit.
(5) All positions in the Illinois National Guard and
Illinois State Guard, paid from federal funds or positions
in the State Military Service filled by enlistment and paid
from State funds.
(6) All employees of the Governor at the executive
mansion and on his immediate personal staff.
(7) Directors of Departments, the Adjutant General,
the Assistant Adjutant General, the Director of the
Illinois Emergency Management Agency, members of boards
and commissions, and all other positions appointed by the
Governor by and with the consent of the Senate.
(8) The presidents, other principal administrative

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officers, and teaching, research and extension faculties
of Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, the Illinois
Community College Board, Southern Illinois University,
Illinois Board of Higher Education, University of
Illinois, State Universities Civil Service System,
University Retirement System of Illinois, and the
administrative officers and scientific and technical staff
of the Illinois State Museum.
(9) All other employees except the presidents, other
principal administrative officers, and teaching, research
and extension faculties of the universities under the
jurisdiction of the Board of Regents and the colleges and
universities under the jurisdiction of the Board of
Governors of State Colleges and Universities, Illinois
Community College Board, Southern Illinois University,
Illinois Board of Higher Education, Board of Governors of
State Colleges and Universities, the Board of Regents,
University of Illinois, State Universities Civil Service
System, University Retirement System of Illinois, so long
as these are subject to the provisions of the State
Universities Civil Service Act.
(10) The State Police so long as they are subject to
the merit provisions of the State Police Act. Employees of

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the Illinois State Police Merit Board are subject to the
provisions of this Code.
(11) (Blank).
(12) The technical and engineering staffs of the
Department of Transportation, the Department of Nuclear
Safety, the Pollution Control Board, and the Illinois
Commerce Commission, and the technical and engineering
staff providing architectural and engineering services in
the Department of Central Management Services.
(13) All employees of the Illinois State Toll Highway
Authority.
(14) The Secretary of the Illinois Workers'
Compensation Commission.
(15) All persons who are appointed or employed by the
Director of Insurance under authority of Section 202 of the
Illinois Insurance Code to assist the Director of Insurance
in discharging his responsibilities relating to the
rehabilitation, liquidation, conservation, and dissolution
of companies that are subject to the jurisdiction of the
Illinois Insurance Code.
(16) All employees of the St. Louis Metropolitan Area
Airport Authority.
(17) All investment officers employed by the Illinois
State Board of Investment.
(18) Employees of the Illinois Young Adult
Conservation Corps program, administered by the Illinois

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

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the Office of the Legislative Inspector General.
(28) The Auditor General's Inspector General and
employees of the Office of the Auditor General's Inspector
General.
(29) All employees of the Illinois Power Agency.
(30) Employees having demonstrable, defined advanced
skills in accounting, financial reporting, or technical
expertise who are employed within executive branch
agencies and whose duties are directly related to the
submission to the Office of the Comptroller of financial
information for the publication of the Comprehensive
Annual Financial Report (CAFR).
(31) All employees of the Illinois Sentencing Policy
Advisory Council.
(Source: P.A. 100-1148, eff. 12-10-18.)
Section 25-30. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2605-50 as follows:
(20 ILCS 2605/2605-50) (was 20 ILCS 2605/55a-6)
Sec. 2605-50. Division of Internal Investigation. The
Division of Internal Investigation shall initiate internal
departmental investigations and, at the direction of the
Governor, investigate complaints and initiate investigations
of official misconduct by State officers and State employees

10100SB1968ham001 - 652 - LRB101 08002 RLC 74920 a
under the jurisdiction of the Governor. Notwithstanding any
other provisions of law, the Division shall serve as the
investigative body for the Illinois State Police for purposes
of compliance with the provisions of Sections 12.6 and 12.7 of
this Act.
(Source: P.A. 91-239, eff. 1-1-00.)
Section 25-35. The State Police Act is amended by changing
Sections 3, 6, 8, and 9 and by adding Sections 6.5, 11.5, 11.6,
12.6, 12.7, 40.1, and 46 as follows:
(20 ILCS 2610/3) (from Ch. 121, par. 307.3)
Sec. 3. The Governor shall appoint, by and with the advice
and consent of the Senate, a Department of State Police Merit
Board, hereinafter called the Board, consisting of 7 5 members
to hold office. The Governor shall appoint new board members
within 30 days for the vacancies created under this amendatory
Act. Board members shall be appointed to four-year terms. No
member shall be appointed to more than 2 terms. In making the
appointments, the Governor shall make a good faith effort to
appoint members reflecting the geographic, ethic, and cultural
diversity of this State. In making the appointments, the
Governor should also consider appointing: persons with
professional backgrounds, possessing legal, management,
personnel, or labor experience; at least one member with at
least 10 years of experience as a licensed physician or

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clinical psychologist with expertise in mental health; and at
least one member affiliated with an organization commitment to
social and economic rights and to eliminating discrimination. ,
one until the third Monday in March, 1951, one until the third
Monday in March, 1953, and one until the third Monday in March,
1955, and until their respective successors are appointed and
qualified. One of the members added by this amendatory Act of
1977 shall serve a term expiring on the third Monday in March,
1980, and until his successor is appointed and qualified, and
one shall serve a term expiring on the third Monday in March,
1982, and until his successor is appointed and qualified. Upon
the expiration of the terms of office of those first appointed,
their respective successors shall be appointed to hold office
from the third Monday in March of the year of their respective
appointments for a term of six years and until their successors
are appointed and qualified for a like term. No more than 4 3
members of the Board shall be affiliated with the same
political party. If the Senate is not in session at the time
initial appointments are made pursuant to this section, the
Governor shall make temporary appointments as in the case of a
vacancy. In order to avoid actual conflicts of interest, or the
appearance of conflicts of interest, no board member shall be a
retired or former employee of the Illinois State Police. When a
Board member may have an actual, perceived, or potential
conflict of interest that could prevent the Board member from
making a fair and impartial decision on a complaint or formal

10100SB1968ham001 - 654 - LRB101 08002 RLC 74920 a
complaint against an Illinois State Police officer, the Board
member shall recuse himself or herself; or If the Board member
fails to recuse himself or herself, then the Board may, by a
simple majority, vote to recuse the Board member.
(Source: P.A. 87-284.)
(20 ILCS 2610/6) (from Ch. 121, par. 307.6)
Sec. 6. The Board is authorized to employ such clerical and
technical staff assistants, not to exceed fifteen, as may be
necessary to enable the Board to transact its business and, if
the rate of compensation is not otherwise fixed by law, to fix
their compensation. In order to avoid actual conflicts of
interest, or the appearance of conflicts of interest, no
employee, contractor, clerical or technical staff shall be a
retired or former employee of the Illinois State Police. All
employees shall be subject to the Personnel Code.
(Source: Laws 1949, p. 1357.)
(20 ILCS 2610/6.5 new)
Sec. 6.5. Badges. No badge, star, or shield shall be
issued to Board members, employees, contractors, clerical or
technical staff.
(20 ILCS 2610/8) (from Ch. 121, par. 307.8)
Sec. 8. Board jurisdiction.
(a) The Board shall exercise jurisdiction over the

10100SB1968ham001 - 655 - LRB101 08002 RLC 74920 a
certification for appointment and promotion, and over the
discipline, removal, demotion and suspension of Department of
State Police officers. The Board and the Illinois State Police
should also ensure Illinois State Police cadets and officers
represent the utmost integrity and professionalism and
represent the geographic, ethnic, and cultural diversity of
this State. The Board shall also exercise jurisdiction to
certify and terminate Illinois State Police Officers in
compliance with certification standards consistent with
Sections 9, 11.5, and 12.6 of this Act. Pursuant to recognized
merit principles of public employment, the Board shall
formulate, adopt, and put into effect rules, regulations and
procedures for its operation and the transaction of its
business. The Board shall establish a classification of ranks
of persons subject to its jurisdiction and shall set standards
and qualifications for each rank. Each Department of State
Police officer appointed by the Director shall be classified as
a State Police officer as follows: trooper, sergeant, master
sergeant, lieutenant, captain, major, or Special Agent.
(b) The Board shall publish all standards and
qualifications for each rank, including Cadet, on its website.
This shall include, but not be limited to, all physical
fitness, medical, visual, and hearing standards. The Illinois
State Police shall cooperate with the Board by providing any
necessary information to complete this requirement.
(Source: P.A. 100-49, eff. 1-1-18.)

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(20 ILCS 2610/9) (from Ch. 121, par. 307.9)
Sec. 9. Appointment; qualifications.
(a) Except as otherwise provided in this Section, the
appointment of Department of State Police officers shall be
made from those applicants who have been certified by the Board
as being qualified for appointment. All persons so appointed
shall, at the time of their appointment, be not less than 21
years of age, or 20 years of age and have successfully
completed an associate's degree or 60 credit hours at an
accredited college or university. Any person appointed
subsequent to successful completion of an associate's degree or
60 credit hours at an accredited college or university shall
not have power of arrest, nor shall he or she be permitted to
carry firearms, until he or she reaches 21 years of age. In
addition, all persons so certified for appointment shall be of
sound mind and body, be of good moral character, be citizens of
the United States, have no criminal records, possess such
prerequisites of training, education, and experience as the
Board may from time to time prescribe so long as persons who
have an associate's degree or 60 credit hours at an accredited
college or university are not disqualified, and shall be
required to pass successfully such mental and physical tests
and examinations as may be prescribed by the Board. All persons
who meet one of the following requirements are deemed to have
met the collegiate educational requirements:

10100SB1968ham001 - 657 - LRB101 08002 RLC 74920 a
(i) have been honorably discharged and who have been
awarded a Southwest Asia Service Medal, Kosovo Campaign
Medal, Korean Defense Service Medal, Afghanistan Campaign
Medal, Iraq Campaign Medal, or Global War on Terrorism
Expeditionary Medal by the United States Armed Forces;
(ii) are active members of the Illinois National Guard
or a reserve component of the United States Armed Forces
and who have been awarded a Southwest Asia Service Medal,
Kosovo Campaign Medal, Korean Defense Service Medal,
Afghanistan Campaign Medal, Iraq Campaign Medal, or Global
War on Terrorism Expeditionary Medal as a result of
honorable service during deployment on active duty;
(iii) have been honorably discharged who served in a
combat mission by proof of hostile fire pay or imminent
danger pay during deployment on active duty; or
(iv) have at least 3 years of full active and
continuous military duty and received an honorable
discharge before hiring.
Preference shall be given in such appointments to persons
who have honorably served in the military or naval services of
the United States. All appointees shall serve a probationary
period of 12 months from the date of appointment and during
that period may be discharged at the will of the Director.
However, the Director may in his or her sole discretion extend
the probationary period of an officer up to an additional 6
months when to do so is deemed in the best interest of the

10100SB1968ham001 - 658 - LRB101 08002 RLC 74920 a
Department. Nothing in this subsection (a) limits the Board's
ability to prescribe education prerequisites or requirements
to certify Department of State Police officers for promotion as
provided in Section 10 of this Act.
(b) Notwithstanding the other provisions of this Act, after
July 1, 1977 and before July 1, 1980, the Director of State
Police may appoint and promote not more than 20 persons having
special qualifications as special agents as he or she deems
necessary to carry out the Department's objectives. Any such
appointment or promotion shall be ratified by the Board.
(c) During the 90 days following the effective date of this
amendatory Act of 1995, the Director of State Police may
appoint up to 25 persons as State Police officers. These
appointments shall be made in accordance with the requirements
of this subsection (c) and any additional criteria that may be
established by the Director, but are not subject to any other
requirements of this Act. The Director may specify the initial
rank for each person appointed under this subsection.
All appointments under this subsection (c) shall be made
from personnel certified by the Board. A person certified by
the Board and appointed by the Director under this subsection
must have been employed by the Illinois Commerce Commission on
November 30, 1994 in a job title subject to the Personnel Code
and in a position for which the person was eligible to earn
"eligible creditable service" as a "noncovered employee", as
those terms are defined in Article 14 of the Illinois Pension

10100SB1968ham001 - 659 - LRB101 08002 RLC 74920 a
Code.
Persons appointed under this subsection (c) shall
thereafter be subject to the same requirements and procedures
as other State police officers. A person appointed under this
subsection must serve a probationary period of 12 months from
the date of appointment, during which he or she may be
discharged at the will of the Director.
This subsection (c) does not affect or limit the Director's
authority to appoint other State Police officers under
subsection (a) of this Section.
(d) During the 180 days following the effective date of
this amendatory Act of the 101st General Assembly, the Director
of the Illinois State Police may appoint current Illinois State
Police Employees serving in law enforcement officer positions
previously within Central Management Services as State Police
Officers. These appointments shall be made in accordance with
the requirements of this subsection (d) and any institutional
criteria that may be established by the Director, but are not
subject to any other requirements of this Act. All appointments
under this subsection (d) shall be made from personnel
certified by the Board. A person certified by the Board and
appointed by the Director under this subsection must have been
employed by the a state agency, board, or commission on January
1, 2021, in a job title subject to the Personnel Code and in a
position for which the person was eligible to earn "eligible
creditable service" as a "noncovered employee", as those terms

10100SB1968ham001 - 660 - LRB101 08002 RLC 74920 a
are defined in Article 14 of the Illinois Pension Code. Persons
appointed under this subsection (d) shall thereafter be subject
to the same requirements, and subject to the same contractual
benefits and obligations, as other State police officers. This
subsection (d) does not affect or limit the Director's
authority to appoint other State Police officers under
subsection (a) of this Section.
(e) The Merit Board shall review Illinois State Police
Cadet applicants. The Illinois State Police may provide
background check and investigation material to the Board for
their review 10 pursuant to this section. The Board shall
approve and ensure that no cadet applicant is certified 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 Section or if committed in any other
state would be an offense similar to 11-1.50, 11-6, 11-6.5,
11-6.6, 11-9.1, 11-14, 11-14.1, 11-30, 12-2, 12- 3.2, 12-3.5,
16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any
misdemeanor in violation of any section of Part E of Title III
of the Criminal Code of 1961 or the Criminal Code of 2012,
32-4a, or 32-7 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, to Section
5 or 5.2 of the Cannabis Control Act, or any felony or
misdemeanor in violation of federal law or the law of any state
that is the equivalent of any of the offenses specified

10100SB1968ham001 - 661 - LRB101 08002 RLC 74920 a
therein. The Officer Misconduct Database, provided in Section
9.2 of the Illinois Police Training Act, shall be searched as
part of this process. For purposes of this Section "convicted
of, or entered a plea of guilty" regardless of whether the
adjudication of guilt or sentence is withheld or not entered
thereon. This includes sentences of supervision, conditional
discharge, or first offender probation, or any similar
disposition provided for by law.
(f) The Board shall by rule establish an application fee
waiver program for any person who meets one or more of the
following criteria:
(1) his or her available personal income is 200% or
less of the current poverty level; or
(2) he or she is, in the discretion of the Board,
unable to proceed in an action with payment of application
fee and payment of that fee would result in substantial
hardship to the person or the person's family.
(Source: P.A. 100-11, eff. 7-1-17; 101-374, eff. 1-1-20.)
(20 ILCS 2610/11.5 new)
Sec. 11.5. Merit Board annual report.
(a) The Illinois State Police Merit Board shall report
annually to the Governor and General Assembly the following
information:
(1) the number of state police officers terminated in
the preceding calendar year;

10100SB1968ham001 - 662 - LRB101 08002 RLC 74920 a
(2) the number of cadet written tests administered and
the pass and fail rate;
(3) cadet physical fitness testing and locations;
(4) the number of cadet applicants who administered a
physical fitness test and the pass and fail rate;
(5) the number of cadet applicants who failed the
background investigation and general categories for
failure; and
(6) the number of cadet applicants certified for each
cadet class.
(b) The Board shall also report the number of promotional
tests and assessments administered and the number of persons
who were certified for promotion. All reported categories and
data shall contain a gender and ethnic breakdown for those
individuals. The Illinois State Police shall cooperate with the
Board by providing any necessary information to complete this
annual report. The report shall also identify strategies for
promoting diversity and inclusion in all testing, including
promotional testing, and cadet recruitment, and barriers to
advancement of these goals. The first report shall be filed no
later than March 31, 2022.
(20 ILCS 2610/11.6 new)
Sec. 11.6. Illinois State Police annual disciplinary data
report.
(a) The Illinois State Police shall report annually to the

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Governor and General Assembly the following statistical
information, which may be part of its annual report, pursuant
to Section 5-650 of the Civil Administrative Code of Illinois:
(1) the number of complaints received in the preceding
calendar year against an Illinois State Police officer,
including but not limited to the race, gender, and type of
complaints received;
(2) the number of internal investigations initiated in
the preceding calendar year since the date of the last
report;
(3) the number of internal investigations concluded in
the preceding calendar year;
(4) the number of investigations pending as of the
reporting date;
(5) the number of Merit Board referrals;
(6) the number of officers decertified in the preceding
calendar year; and
(7) the number of investigations that led to a
determination of: administratively closed, exonerated, not
sustained, sustained, and unfounded.
(b) This report shall not contain any personal identifiable
information or case specific information.
(c) This report shall be filed beginning March 1, 2023, or
whenever the agency files its annual report.
(20 ILCS 2610/12.6 new)

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Sec. 12.6. Automatic termination of Illinois State Police
officers. The Board shall terminate a state police officer
convicted of a felony offense under the laws of this State or
any other state which if committed in this State would be
punishable as a felony. The Board must also terminate Illinois
State Police officers who were convicted of, or entered a plea
of guilty to, on or after the effective date of this amendatory
Act of the 101st General Assembly, any misdemeanor specified in
this Section or if committed in any other state would be an
offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6,
11-9.1, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.5, 16-1,
17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor
in violation of any section of Part E of Title III of the
Criminal Code of 1961 or the Criminal Code of 2012, 32-4a, or
32-7 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, to Section 5 or 5.2 of the
Cannabis Control Act, or any felony or misdemeanor in violation
of federal law or the law of any state that is the equivalent
of any of the offenses specified therein. The Illinois State
Police Merit Board shall report terminations under this Section
to the Officer Misconduct Database, provided in Section 9.2 of
the Illinois Police Training Act. For purposes of this section
"convicted of, or entered a plea of guilty" regardless of
whether the adjudication of guilt or sentence is withheld or
not entered thereon. This includes sentences of supervision,

10100SB1968ham001 - 665 - LRB101 08002 RLC 74920 a
conditional discharge, or first offender probation, or any
similar disposition provided for by law.
(20 ILCS 2610/12.7 new)
Sec. 12.7. Discretionary termination of Illinois State
Police officers.
(a) Definitions. For purposes of this Section 6.3:
"Duty to Intervene" means an obligation to intervene to
prevent harm from occurring that arises when an officer is
present and has reason to know:
(1) that excessive force is being used; or
(2) that any constitutional violation has been
committed by a law enforcement official; and the officer
has a realistic opportunity to intervene.
This duty applies equally to supervisory and
nonsupervisory officers. If aid is required, the officer
shall not, when reasonable to administer aid, knowingly and
willingly refuse to render aid as defined by State or
federal law. An officer does not violate this duty if the
failure to render aid is due to circumstances such as lack
of appropriate specialized training, lack of resources or
equipment, or both, or if it is unsafe or impracticable to
render aid.
"Excessive use of force" means using force in violation of
State or federal law.
"False statement" means:

10100SB1968ham001 - 666 - LRB101 08002 RLC 74920 a
(1) any knowingly false statement provided on a form or
report;
(2) that the writer does not believe to be true; and
(3) that the writer includes to mislead a public
servant in performing that public servant's official
functions.
"Perjury" has the meaning as defined under Sections 32-2
and 32-3 of the Criminal Code of 2012.
"Tampers with or fabricates evidence" means if a law
enforcement officer:
(1) has reason to believe that an official proceeding
is pending or may be instituted; and
(2) alters, destroys, conceals, or removes any record,
document, data, video or thing to impair its validity or
availability in the proceeding.
(b) Discretionary termination conduct. The Board may
terminate an Illinois State Police officer upon a determination
by the Board that the Illinois State Police officer has:
(1) committed an act that would constitute a felony or
misdemeanor which could serve as basis for automatic
decertification, whether or not the law enforcement
officer was criminally prosecuted, and whether or not the
law enforcement officer's employment was terminated;
(2) exercised excessive use of force;
(3) failed to comply with the officer's duty to
intervene, including through acts or omission;

10100SB1968ham001 - 667 - LRB101 08002 RLC 74920 a
(4) tampered with a dash camera or body-worn camera or
data recorded by a dash camera or body-worn camera or
directed another to tamper with or turn off a dash camera
or body-worn camera or data recorded by a dash camera or
body-worn camera for the purpose of concealing, destroying
or altering potential evidence;
(5) engaged in the following conduct relating to the
reporting, investigation, or prosecution of a crime:
committed perjury, made a false statement, or knowingly
tampered with or fabricated evidence;
(6) engaged in any unprofessional, unethical,
deceptive, or deleterious conduct or practice harmful to
the public; such conduct or practice need not have resulted
in actual injury to any person. As used in this paragraph,
the term "unprofessional conduct" shall include any
departure from, or failure to conform to, the minimal
standards of acceptable and prevailing practice of an
officer.
(b) If an officer enters a plea of guilty, nolo contendere,
stipulates to the facts or is found guilty of a violation of
any law, or if there is any other Board or judicial
determination that will support any punitive measure taken
against the officer, such action by the officer or judicial
entity may be considered for the purposes of this Section.
Termination under this Section shall be by clear and convincing
evidence. If the Board votes to terminate, the Board shall put

10100SB1968ham001 - 668 - LRB101 08002 RLC 74920 a
its decision in writing, setting forth the specific reasons for
its decision. Final decisions under this Section are reviewable
under the Administrative Review Law.
(c) The Illinois State Police Merit Board shall report all
terminations under this Section to the Officer Misconduct
Database, provided in Section 9.2 of the Illinois Police
Training Act.
(d) Nothing in this Act shall require an Illinois State
Police officer to waive any applicable constitutional rights.
(e) Nothing in this Section shall prohibit the Merit Board
from administering discipline up to and including termination
for violations of Illinois State Police policies and procedures
pursuant to other sections of this Act.
(20 ILCS 2610/40.1 new)
Sec. 40.1. Mandated training compliance. The Director of
the Illinois State Police and the Illinois State Police Academy
shall ensure all Illinois State Police cadets and officers
comply with all statutory, regulatory, and department mandated
training.
(20 ILCS 2610/46 new)
Sec. 46. Officer Professional Conduct Database; reporting,
transparency.
(a) The Illinois State Police Merit Board shall be
responsible for reporting all required information contained

10100SB1968ham001 - 669 - LRB101 08002 RLC 74920 a
in the Officer Misconduct Database, provided in Section 9.2 of
the Illinois Police Training Act.
(b) Before the Illinois State Police Merit Board certifies
any Illinois State Police Cadet the Board shall conduct a
search of all Illinois State Police Cadet applicants in the
Officer Professional Conduct Database.
(c) The database, documents, materials, or other
information in the possession or control of the Board that are
obtained by or disclosed to the Board pursuant to this
subsection shall be confidential by law and privileged, shall
not be subject to subpoena, and shall not be subject to
discovery or admissible in evidence in any private civil
action. However, the Board is authorized to use such documents,
materials, or other information in furtherance of any
regulatory or legal action brought as part of the Board's
official duties. Unless otherwise required by law, the Board
shall not disclose the database or make such documents,
materials, or other information public without the prior
written consent of the governmental agency and the law
enforcement officer. The Board nor any person who received
documents, materials or other information shared pursuant to
this subsection shall be required to testify in any private
civil action concerning the database or any confidential
documents, materials, or information subject to this
subsection.
Nothing in this Section shall exempt a governmental agency

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from disclosing public records in accordance with the Freedom
of Information Act.
Section 25-40. The Illinois Police Training Act is amended
by changing Sections 2, 3, 6, 6.1, 7, 7.5, 8, 8.1, 8.2, 9, 10,
10.1, 10.2, 10.3, 10.7, 10.11, 10.12, 10.13, 10.16, 10.18,
10.19, 10.20, and 10.22 and by adding Sections 3.1, 6.3, 6.6,
6.7, 8.3, 8.4, 9.2, and 13 as follows:
(50 ILCS 705/2) (from Ch. 85, par. 502)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
"Board" means the Illinois Law Enforcement Training
Standards Board.
"Full-time law enforcement officer" means a law
enforcement officer who has completed the officer's
probationary period and is employed on a full-time basis as a
law enforcement officer by a local government agency, State
government agency, or as a campus police officer by a
participating State-controlled university, college, or public
community college.
"Governmental agency" means any local governmental agency
and any State governmental agency.
"Local governmental agency" means any local governmental
unit or municipal corporation in this State. It does not
include the State of Illinois or any office, officer,

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department, division, bureau, board, commission, or agency of
the State, except that it does include a State-controlled
university, college or public community college.
"State governmental agency" means any governmental unit of
this State. This includes any office, officer, department,
division, bureau, board, commission, or agency of the State. It
does not include the Illinois State Police as defined in the
State Police Act.
"Panel" means the Certification Review Panel.
"Police training school" means any school located within
the State of Illinois whether privately or publicly owned which
offers a course in police or county corrections training and
has been approved by the Board.
"Probationary police officer" means a recruit law
enforcement officer required to successfully complete initial
minimum basic training requirements at a police training school
to be eligible for permanent full-time employment as a local
law enforcement officer.
"Probationary part-time police officer" means a recruit
part-time law enforcement officer required to successfully
complete initial minimum part-time training requirements to be
eligible for employment on a part-time basis as a local law
enforcement officer.
"Permanent law enforcement police officer" means a law
enforcement officer who has completed the officer's his or her
probationary period and is permanently employed on a full-time

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basis as a local law enforcement officer by a participating
local governmental unit or as a security officer or campus
police officer policeman permanently employed by a
participating State-controlled university, college, or public
community college.
"Part-time law enforcement police officer" means a law
enforcement officer who has completed the officer's his or her
probationary period and is employed on a part-time basis as a
law enforcement officer by a participating unit of local
government or as a campus police officer policeman by a
participating State-controlled university, college, or public
community college.
"Law enforcement officer" means (i) any police officer of a
local governmental agency who is primarily responsible for
prevention or detection of crime and the enforcement of the
criminal code, traffic, or highway laws of this State or any
political subdivision of this State or (ii) any member of a
police force appointed and maintained as provided in Section 2
of the Railroad Police Act.
"Recruit" means any full-time or part-time law enforcement
officer or full-time county corrections officer who is enrolled
in an approved training course.
"Probationary county corrections officer" means a recruit
county corrections officer required to successfully complete
initial minimum basic training requirements at a police
training school to be eligible for permanent employment on a

10100SB1968ham001 - 673 - LRB101 08002 RLC 74920 a
full-time basis as a county corrections officer.
"Permanent county corrections officer" means a county
corrections officer who has completed the officer's his
probationary period and is permanently employed on a full-time
basis as a county corrections officer by a participating local
governmental unit.
"County corrections officer" means any sworn officer of the
sheriff who is primarily responsible for the control and
custody of offenders, detainees or inmates.
"Probationary court security officer" means a recruit
court security officer required to successfully complete
initial minimum basic training requirements at a designated
training school to be eligible for employment as a court
security officer.
"Permanent court security officer" means a court security
officer who has completed the officer's his or her probationary
period and is employed as a court security officer by a
participating local governmental unit.
"Court security officer" has the meaning ascribed to it in
Section 3-6012.1 of the Counties Code.
(Source: P.A. 94-846, eff. 1-1-07.)
(50 ILCS 705/3) (from Ch. 85, par. 503)
Sec. 3. Board - composition - appointments - tenure -
vacancies.
(a) The Board shall be composed of 18 members selected as

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follows: The Attorney General of the State of Illinois, the
Director of State Police, the Director of Corrections, the
Superintendent of the Chicago Police Department, the Sheriff of
Cook County, the Clerk of the Circuit Court of Cook County, who
shall serve as ex officio members, and the following to be
appointed by the Governor: 2 mayors or village presidents of
Illinois municipalities, 2 Illinois county sheriffs from
counties other than Cook County, 2 managers of Illinois
municipalities, 2 chiefs of municipal police departments in
Illinois having no Superintendent of the Police Department on
the Board, 2 citizens of Illinois who shall be members of an
organized enforcement officers' association, one active member
of a statewide association representing sheriffs, and one
active member of a statewide association representing
municipal police chiefs. The appointments of the Governor shall
be made on the first Monday of August in 1965 with 3 of the
appointments to be for a period of one year, 3 for 2 years, and
3 for 3 years. Their successors shall be appointed in like
manner for terms to expire the first Monday of August each 3
years thereafter. All members shall serve until their
respective successors are appointed and qualify. Vacancies
shall be filled by the Governor for the unexpired terms. Any ex
officio member may appoint a designee to the Board who shall
have the same powers and immunities otherwise conferred to the
member of the Board, including the power to vote and be counted
toward quorum, so long as the member is not in attendance.

10100SB1968ham001 - 675 - LRB101 08002 RLC 74920 a
(b) When a Board member may have an actual, perceived,
or potential conflict of interest or appearance of bias that
could prevent the Board member from making a fair and impartial
decision regarding decertification:
(1) The Board member shall recuse himself or herself.
(2) If the Board member fails to recuse himself or
herself, then the Board may, by a simple majority of the
remaining members, vote to recuse the Board member. Board
members who are found to have voted on a matter in which
they should have recused themselves may be removed from the
Board by the Governor.
A conflict of interest or appearance of bias may include,
but is not limited to, matters where one of the following is a
party to a decision on a decertification or formal complaint:
someone with whom the member has an employment relationship;
any of the following relatives: spouse, parents, children,
adopted children, legal wards, stepchildren, step parents,
step siblings, half siblings, siblings, parents-in-law,
siblings-in-law, children-in-law, aunts, uncles, nieces, and
nephews; a friend; or a member of a professional organization,
association, or a union in which the member now actively
serves.
(c) A vacancy in members does not prevent a quorum of the
remaining sitting members from exercising all rights and
performing all duties of the Board.
(d) An individual serving on the Board shall not also serve

10100SB1968ham001 - 676 - LRB101 08002 RLC 74920 a
on the Panel.
(Source: P.A. 99-651, eff. 7-28-16; 100-995, eff. 8-20-18.)
(50 ILCS 705/3.1 new)
Sec. 3.1. Illinois Law Enforcement Certification Review
Panel.
(a) There is hereby created the Illinois Law Enforcement
Certification Review Panel. The Panel shall be composed of the
following members, to be appointed in accordance with this
Section no later than 30 days after the effective date of this
amendatory Act of the 101st General Assembly. An individual
serving on the Panel shall not also serve on the Board.
(1) The Governor shall appoint 3 members as prescribed
in this paragraph (1): one person who shall be an active
member from a statewide association representing State's
Attorneys; and 2 persons who shall be Illinois residents
who are from communities with disproportionately high
instances of interaction with law enforcement, as
indicated by a high need, underserved community with high
rates of gun violence, unemployment, child poverty, and
commitments to Illinois Department of Corrections, but who
are not themselves law enforcement officers. The initial
appointments of the Governor shall be for a period of 3
years. Their successors shall be appointed in like manner
for terms to expire the first Monday of June each 3 years
thereafter. All members shall serve until their respective

10100SB1968ham001 - 677 - LRB101 08002 RLC 74920 a
successors are appointed and qualify. Vacancies shall be
filled by the Governor for the unexpired terms. Terms shall
run regardless of whether the position is vacant.
(2) The Attorney General shall appoint 8 members as
prescribed in this paragraph (2): two persons who shall be
active members of statewide organization representing more
than 20,000 active and retired law enforcement officers;
one person who shall be an active member of a statewide
association representing a minimum of 75 sheriffs; one
person who shall be an active member of a statewide
association representing at least 200 municipal police
chiefs; two persons who shall be active members of a
minority law enforcement association; one person who shall
be a representative of the victims' advocacy community but
shall not be a member of law enforcement; and one person
who shall be a resident of Illinois and shall not be an
employee of the Office of the Illinois Attorney General.
The members shall serve for a 3-year term and until their
respective successors are appointed and qualify. The
members' successors shall be appointed in like manner for
terms to expire the first Monday of June each 3 years
thereafter. Any vacancy of these positions shall be filled
by the Attorney General for the unexpired term. The term
shall run regardless of whether the position is vacant.
(b) The Panel shall annually elect by a simple majority
vote one of its members as chairperson and one of its members

10100SB1968ham001 - 678 - LRB101 08002 RLC 74920 a
as vice-chairperson. The vice-chairperson shall serve in the
place of the chairperson at any meeting of the Panel in which
the chairperson is not present. If both the chairperson and the
vice-chairperson are absent at any meeting, the members present
shall elect by a simple majority vote another member to serve
as a temporary chairperson for the limited purpose of that
meeting. No member shall be elected more than twice in
succession to the same office. Each member shall serve until
that member's successor has been elected and qualified.
(c) The Board shall provide administrative assistance to
the Panel.
(d) The members of the Panel shall serve without
compensation but shall be entitled to reimbursement for their
actual and necessary expenses in attending meetings and in the
performance of their duties hereunder.
(e) Members of the Panel will receive initial and annual
training that is adequate in quality, quantity, scope, and
type, and will cover, at minimum the following topics:
(1) constitutional and other relevant law on
police-community encounters, including the law on the use
of force and stops, searches, and arrests;
(2) police tactics;
(3) investigations of police conduct;
(4) impartial policing;
(5) policing individuals in crisis;
(6) Illinois police policies, procedures, and

10100SB1968ham001 - 679 - LRB101 08002 RLC 74920 a
disciplinary rules;
(7) procedural justice; and
(8) community outreach.
(f) The State shall indemnify and hold harmless members of
the Panel for all of their acts, omissions, decisions, or other
conduct arising out of the scope of their service on the Panel,
except those involving willful or wanton misconduct. The method
of providing indemnification shall be as provided in the State
Employee Indemnification Act.
(g) When a Panel member may have an actual, perceived, or
potential conflict of interest or appearance of bias that could
prevent the Panel member from making a fair and impartial
decision on a complaint or formal complaint:
(1) The Panel member shall recuse himself or herself.
(2) If the Panel member fails to recuse himself or
herself, then the remaining members of the Panel may, by a
simple majority, vote to recuse the Panel member. Any Panel
member who is found to have voted on a matter in which they
should have recused themselves may be removed from the
Panel by the State official who initially appointed the
Panel member. A conflict of interest or appearance of bias
may include, but is not limited to, matters where one of
the following is a party to a certification decision for
formal complaint: someone with whom the member has an
employment relationship; any of the following relatives:
spouse, parents, children, adopted children, legal wards,

10100SB1968ham001 - 680 - LRB101 08002 RLC 74920 a
stepchildren, stepparents, step siblings, half siblings,
siblings, parents-in-law, siblings-in-law,
children-in-law, aunts, uncles, nieces, and nephews; a
friend; or a member of a professional organization,
association, or a union in which the member now actively
serves.
(h) A vacancy in membership does not impair the ability of
a quorum to exercise all rights and perform all duties of the
Panel.
(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 law enforcement
police officers, probationary county corrections officers, and
court security officers and of providing advanced or in-service
training for permanent law enforcement 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

10100SB1968ham001 - 681 - LRB101 08002 RLC 74920 a
law enforcement officers or probationary county
corrections officers, and in-service training of permanent
law enforcement 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, found guilty of, or entered a plea of guilty
to, or entered a plea of nolo contendere to a felony
offense, any of the misdemeanors in Sections 11-1.50, 11-6,
11-6.5, 11-6.6, 11-9.1, 11-14, 11-14.1, 11-17, 11-19,
11-30, 12-2, 12-3.2, 12-3.5, 12-15, 16-1, 17-1, 17-2,
26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
violation of any Section of Part E of Title III of the
Criminal Code of 1961 or the Criminal Code of 2012, 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

10100SB1968ham001 - 682 - LRB101 08002 RLC 74920 a
any other state which if committed in this State would be
punishable as a felony or a crime of moral turpitude, or
any felony or misdemeanor in violation of federal law or
the law of any state that is the equivalent of any of the
offenses specified therein. The Board may appoint
investigators who shall enforce the duties conferred upon
the Board by this Act.
f. For purposes of this paragraph (e), a person is
considered to have been "convicted of, found guilty of, or
entered a plea of guilty to, plea of nolo contendere to"
regardless of whether the adjudication of guilt or sentence
is withheld or not entered thereon. This includes sentences
of supervision, conditional discharge, or first offender
probation, or any similar disposition provided for by law.
g. To review and ensure all law enforcement officers
remain in compliance with this Act, and any administrative
rules adopted under this Act.
h. To suspend any certificate for a definite period,
limit or restrict any certificate, or revoke any
certificate.
i. The Board and the Panel shall have power to secure
by its subpoena and bring before it any person or entity in
this State and to take testimony either orally or by
deposition or both with the same fees and mileage and in
the same manner as prescribed by law in judicial
proceedings in civil cases in circuit courts of this State.

10100SB1968ham001 - 683 - LRB101 08002 RLC 74920 a
The Board and the Panel shall also have the power to
subpoena the production of documents, papers, files,
books, documents, and records, whether in physical or
electronic form, in support of the charges and for defense,
and in connection with a hearing or investigation.
j. The Executive Director, the administrative law
judge designated by the Executive Director, and each member
of the Board and the Panel shall have the power to
administer oaths to witnesses at any hearing that the Board
is authorized to conduct under this Act and any other oaths
required or authorized to be administered by the Board
under this Act.
k. In case of the neglect or refusal of any person to
obey a subpoena issued by the Board and the Panel, any
circuit court, upon application of the Board and the Panel,
through the Illinois Attorney General, may order such
person to appear before the Board and the Panel give
testimony or produce evidence, and any failure to obey such
order is punishable by the court as a contempt thereof.
This order may be served by personal delivery, by email, or
by mail to the address of record or email address of
record.
l. The Board shall have the power to administer state
certification examinations. Any and all records related to
these examinations, including but not limited to test
questions, test formats, digital files, answer responses,

10100SB1968ham001 - 684 - LRB101 08002 RLC 74920 a
answer keys, and scoring information shall be exempt from
disclosure.
(Source: P.A. 101-187, eff. 1-1-20.)
(50 ILCS 705/6.1)
Sec. 6.1. Automatic Decertification of full-time and
part-time law enforcement police officers.
(a) The Board must review law enforcement police officer
conduct and records to ensure that no law enforcement police
officer is certified or provided a valid waiver if that law
enforcement police officer has been convicted of, found guilty
of, or entered a plea of guilty to, or entered a plea of nolo
contendere to, a felony offense under the laws of this State or
any other state which if committed in this State would be
punishable as a felony. The Board must also ensure that no law
enforcement police officer is certified or provided a valid
waiver if that law enforcement police officer has been
convicted of, found guilty of, or entered a plea of guilty to,
on or after the effective date of this amendatory Act of the
101st General Assembly 1999 of any misdemeanor specified in
this Section or if committed in any other state would be an
offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6,
11-9.1, 11-14, 11-14.1, 11-17, 11-19, 11-30, 12-2, 12-3.2,
12-3.5, 12-15, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3,
29-1, any misdemeanor in violation of any section of Part E of
Title III of the Criminal Code of 1961 or the Criminal Code of

10100SB1968ham001 - 685 - LRB101 08002 RLC 74920 a
2012 31-1, 31-6, 31-7, 32-4a, or 32-7 of the Criminal Code of
1961 or the Criminal Code of 2012, to 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
to Section 5 or 5.2 of the Cannabis Control Act, or any felony
or misdemeanor in violation of federal law or the law of any
state that is the equivalent of any of the offenses specified
therein. The Board must appoint investigators to enforce the
duties conferred upon the Board by this Act.
(a-1) For purposes of this Section, a person is "convicted
of, or entered a plea of guilty to, plea of nolo contendere to,
found guilty of" regardless of whether the adjudication of
guilt or sentence is withheld or not entered thereon. This
includes sentences of supervision, conditional discharge, or
first offender probation, or any similar disposition provided
for by law.
(b) It is the responsibility of the sheriff or the chief
executive officer of every governmental local law enforcement
agency or department within this State to report to the Board
any arrest, conviction, finding of guilt, or plea of guilty, or
plea of nolo contendere to, of any officer for an offense
identified in this Section, regardless of whether the
adjudication of guilt or sentence is withheld or not entered
thereon, this includes sentences of supervision, conditional
discharge, or first offender probation.

10100SB1968ham001 - 686 - LRB101 08002 RLC 74920 a
(c) It is the duty and responsibility of every full-time
and part-time law enforcement police officer in this State to
report to the Board within 14 30 days, and the officer's
sheriff or chief executive officer, of the officer's his or her
arrest, conviction, found guilty of, or plea of guilty for an
offense identified in this Section. Any full-time or part-time
law enforcement police officer who knowingly makes, submits,
causes to be submitted, or files a false or untruthful report
to the Board must have the officer's his or her certificate or
waiver immediately decertified or revoked.
(d) Any person, or a local or State agency, or the Board is
immune from liability for submitting, disclosing, or releasing
information of arrests, convictions, or pleas of guilty in this
Section as long as the information is submitted, disclosed, or
released in good faith and without malice. The Board has
qualified immunity for the release of the information.
(e) Any full-time or part-time law enforcement police
officer with a certificate or waiver issued by the Board who is
convicted of, found guilty of, or entered a plea of guilty to,
or entered a plea of nolo contendere to any offense described
in this Section immediately becomes decertified or no longer
has a valid waiver. The decertification and invalidity of
waivers occurs as a matter of law. Failure of a convicted
person to report to the Board the officer's his or her
conviction as described in this Section or any continued law
enforcement practice after receiving a conviction is a Class 4

10100SB1968ham001 - 687 - LRB101 08002 RLC 74920 a
felony.
For purposes of this Section, a person is considered to
have been "convicted of, found guilty of, or entered a plea of
guilty to, plea of nolo contendere to" regardless of whether
the adjudication of guilt or sentence is withheld or not
entered thereon, including sentences of supervision,
conditional discharge, first offender probation, or any
similar disposition as provided for by law.
(f) The Board's investigators shall be law enforcement
officers as defined in Section 2 of this Act are peace officers
and have all the powers possessed by policemen in cities and by
sheriff's, and these investigators may exercise those powers
anywhere in the State. An investigator shall not have peace
officer status or exercise police powers unless he or she
successfully completes the basic police training course
mandated and approved by the Board or the Board waives the
training requirement by reason of the investigator's prior law
enforcement experience, training, or both. The Board shall not
waive the training requirement unless the investigator has had
a minimum of 5 years experience as a sworn officer of a local,
State, or federal law enforcement agency. An investigator shall
not have been terminated for good cause, decertified, had his
or her law enforcement license or certificate revoked in this
or any other jurisdiction, or been convicted of any of the
conduct listed in subsection (a). Any complaint filed against
the Board's investigators shall be investigated by the Illinois

10100SB1968ham001 - 688 - LRB101 08002 RLC 74920 a
State Police.
(g) The Board must request and receive information and
assistance from any federal, state, or local governmental
agency as part of the authorized criminal background
investigation. The Department of State Police must process,
retain, and additionally provide and disseminate information
to the Board concerning criminal charges, arrests,
convictions, and their disposition, that have been filed
before, on, or after the effective date of this amendatory Act
of the 91st General Assembly against a basic academy applicant,
law enforcement applicant, or law enforcement officer whose
fingerprint identification cards are on file or maintained by
the Department of State Police. The Federal Bureau of
Investigation must provide the Board any criminal history
record information contained in its files pertaining to law
enforcement officers or any applicant to a Board certified
basic law enforcement academy as described in this Act based on
fingerprint identification. The Board must make payment of fees
to the Department of State Police for each fingerprint card
submission in conformance with the requirements of paragraph 22
of Section 55a of the Civil Administrative Code of Illinois.
(h) (Blank). A police officer who has been certified or
granted a valid waiver shall also be decertified or have his or
her waiver revoked upon a determination by the Illinois Labor
Relations Board State Panel that he or she, while under oath,
has knowingly and willfully made false statements as to a

10100SB1968ham001 - 689 - LRB101 08002 RLC 74920 a
material fact going to an element of the offense of murder. If
an appeal is filed, the determination shall be stayed.
(1) In the case of an acquittal on a charge of murder,
a verified complaint may be filed:
(A) by the defendant; or
(B) by a police officer with personal knowledge of
perjured testimony.
The complaint must allege that a police officer, while
under oath, knowingly and willfully made false statements
as to a material fact going to an element of the offense of
murder. The verified complaint must be filed with the
Executive Director of the Illinois Law Enforcement
Training Standards Board within 2 years of the judgment of
acquittal.
(2) Within 30 days, the Executive Director of the
Illinois Law Enforcement Training Standards Board shall
review the verified complaint and determine whether the
verified complaint is frivolous and without merit, or
whether further investigation is warranted. The Illinois
Law Enforcement Training Standards Board shall notify the
officer and the Executive Director of the Illinois Labor
Relations Board State Panel of the filing of the complaint
and any action taken thereon. If the Executive Director of
the Illinois Law Enforcement Training Standards Board
determines that the verified complaint is frivolous and
without merit, it shall be dismissed. The Executive

10100SB1968ham001 - 690 - LRB101 08002 RLC 74920 a
Director of the Illinois Law Enforcement Training
Standards Board has sole discretion to make this
determination and this decision is not subject to appeal.
(i) (Blank). If the Executive Director of the Illinois Law
Enforcement Training Standards Board determines that the
verified complaint warrants further investigation, he or she
shall refer the matter to a task force of investigators created
for this purpose. This task force shall consist of 8 sworn
police officers: 2 from the Illinois State Police, 2 from the
City of Chicago Police Department, 2 from county police
departments, and 2 from municipal police departments. These
investigators shall have a minimum of 5 years of experience in
conducting criminal investigations. The investigators shall be
appointed by the Executive Director of the Illinois Law
Enforcement Training Standards Board. Any officer or officers
acting in this capacity pursuant to this statutory provision
will have statewide police authority while acting in this
investigative capacity. Their salaries and expenses for the
time spent conducting investigations under this paragraph
shall be reimbursed by the Illinois Law Enforcement Training
Standards Board.
(j) (Blank). Once the Executive Director of the Illinois
Law Enforcement Training Standards Board has determined that an
investigation is warranted, the verified complaint shall be
assigned to an investigator or investigators. The investigator
or investigators shall conduct an investigation of the verified

10100SB1968ham001 - 691 - LRB101 08002 RLC 74920 a
complaint and shall write a report of his or her findings. This
report shall be submitted to the Executive Director of the
Illinois Labor Relations Board State Panel.
Within 30 days, the Executive Director of the Illinois
Labor Relations Board State Panel shall review the
investigative report and determine whether sufficient evidence
exists to conduct an evidentiary hearing on the verified
complaint. If the Executive Director of the Illinois Labor
Relations Board State Panel determines upon his or her review
of the investigatory report that a hearing should not be
conducted, the complaint shall be dismissed. This decision is
in the Executive Director's sole discretion, and this dismissal
may not be appealed.
If the Executive Director of the Illinois Labor Relations
Board State Panel determines that there is sufficient evidence
to warrant a hearing, a hearing shall be ordered on the
verified complaint, to be conducted by an administrative law
judge employed by the Illinois Labor Relations Board State
Panel. The Executive Director of the Illinois Labor Relations
Board State Panel shall inform the Executive Director of the
Illinois Law Enforcement Training Standards Board and the
person who filed the complaint of either the dismissal of the
complaint or the issuance of the complaint for hearing. The
Executive Director shall assign the complaint to the
administrative law judge within 30 days of the decision
granting a hearing.

10100SB1968ham001 - 692 - LRB101 08002 RLC 74920 a
(k) (Blank). In the case of a finding of guilt on the
offense of murder, if a new trial is granted on direct appeal,
or a state post-conviction evidentiary hearing is ordered,
based on a claim that a police officer, under oath, knowingly
and willfully made false statements as to a material fact going
to an element of the offense of murder, the Illinois Labor
Relations Board State Panel shall hold a hearing to determine
whether the officer should be decertified if an interested
party requests such a hearing within 2 years of the court's
decision. The complaint shall be assigned to an administrative
law judge within 30 days so that a hearing can be scheduled.
At the hearing, the accused officer shall be afforded the
opportunity to:
(1) Be represented by counsel of his or her own
choosing;
(2) Be heard in his or her own defense;
(3) Produce evidence in his or her defense;
(4) Request that the Illinois Labor Relations Board
State Panel compel the attendance of witnesses and
production of related documents including but not limited
to court documents and records.
Once a case has been set for hearing, the verified
complaint shall be referred to the Department of Professional
Regulation. That office shall prosecute the verified complaint
at the hearing before the administrative law judge. The
Department of Professional Regulation shall have the

10100SB1968ham001 - 693 - LRB101 08002 RLC 74920 a
opportunity to produce evidence to support the verified
complaint and to request the Illinois Labor Relations Board
State Panel to compel the attendance of witnesses and the
production of related documents, including, but not limited to,
court documents and records. The Illinois Labor Relations Board
State Panel shall have the power to issue subpoenas requiring
the attendance of and testimony of witnesses and the production
of related documents including, but not limited to, court
documents and records and shall have the power to administer
oaths.
The administrative law judge shall have the responsibility
of receiving into evidence relevant testimony and documents,
including court records, to support or disprove the allegations
made by the person filing the verified complaint and, at the
close of the case, hear arguments. If the administrative law
judge finds that there is not clear and convincing evidence to
support the verified complaint that the police officer has,
while under oath, knowingly and willfully made false statements
as to a material fact going to an element of the offense of
murder, the administrative law judge shall make a written
recommendation of dismissal to the Illinois Labor Relations
Board State Panel. If the administrative law judge finds that
there is clear and convincing evidence that the police officer
has, while under oath, knowingly and willfully made false
statements as to a material fact that goes to an element of the
offense of murder, the administrative law judge shall make a

10100SB1968ham001 - 694 - LRB101 08002 RLC 74920 a
written recommendation so concluding to the Illinois Labor
Relations Board State Panel. The hearings shall be transcribed.
The Executive Director of the Illinois Law Enforcement Training
Standards Board shall be informed of the administrative law
judge's recommended findings and decision and the Illinois
Labor Relations Board State Panel's subsequent review of the
recommendation.
(l) (Blank). An officer named in any complaint filed
pursuant to this Act shall be indemnified for his or her
reasonable attorney's fees and costs by his or her employer.
These fees shall be paid in a regular and timely manner. The
State, upon application by the public employer, shall reimburse
the public employer for the accused officer's reasonable
attorney's fees and costs. At no time and under no
circumstances will the accused officer be required to pay his
or her own reasonable attorney's fees or costs.
(m) (Blank). The accused officer shall not be placed on
unpaid status because of the filing or processing of the
verified complaint until there is a final non-appealable order
sustaining his or her guilt and his or her certification is
revoked. Nothing in this Act, however, restricts the public
employer from pursuing discipline against the officer in the
normal course and under procedures then in place.
(n) (Blank). The Illinois Labor Relations Board State Panel
shall review the administrative law judge's recommended
decision and order and determine by a majority vote whether or

10100SB1968ham001 - 695 - LRB101 08002 RLC 74920 a
not there was clear and convincing evidence that the accused
officer, while under oath, knowingly and willfully made false
statements as to a material fact going to the offense of
murder. Within 30 days of service of the administrative law
judge's recommended decision and order, the parties may file
exceptions to the recommended decision and order and briefs in
support of their exceptions with the Illinois Labor Relations
Board State Panel. The parties may file responses to the
exceptions and briefs in support of the responses no later than
15 days after the service of the exceptions. If exceptions are
filed by any of the parties, the Illinois Labor Relations Board
State Panel shall review the matter and make a finding to
uphold, vacate, or modify the recommended decision and order.
If the Illinois Labor Relations Board State Panel concludes
that there is clear and convincing evidence that the accused
officer, while under oath, knowingly and willfully made false
statements as to a material fact going to an element of the
offense murder, the Illinois Labor Relations Board State Panel
shall inform the Illinois Law Enforcement Training Standards
Board and the Illinois Law Enforcement Training Standards Board
shall revoke the accused officer's certification. If the
accused officer appeals that determination to the Appellate
Court, as provided by this Act, he or she may petition the
Appellate Court to stay the revocation of his or her
certification pending the court's review of the matter.
(o) (Blank). None of the Illinois Labor Relations Board

10100SB1968ham001 - 696 - LRB101 08002 RLC 74920 a
State Panel's findings or determinations shall set any
precedent in any of its decisions decided pursuant to the
Illinois Public Labor Relations Act by the Illinois Labor
Relations Board State Panel or the courts.
(p) (Blank). A party aggrieved by the final order of the
Illinois Labor Relations Board State Panel may apply for and
obtain judicial review of an order of the Illinois Labor
Relations Board State Panel, in accordance with the provisions
of the Administrative Review Law, except that such judicial
review shall be afforded directly in the Appellate Court for
the district in which the accused officer resides. Any direct
appeal to the Appellate Court shall be filed within 35 days
from the date that a copy of the decision sought to be reviewed
was served upon the party affected by the decision.
(q) (Blank). Interested parties. Only interested parties
to the criminal prosecution in which the police officer
allegedly, while under oath, knowingly and willfully made false
statements as to a material fact going to an element of the
offense of murder may file a verified complaint pursuant to
this Section. For purposes of this Section, "interested
parties" shall be limited to the defendant and any police
officer who has personal knowledge that the police officer who
is the subject of the complaint has, while under oath,
knowingly and willfully made false statements as to a material
fact going to an element of the offense of murder.
(r) (Blank). Semi-annual reports. The Executive Director

10100SB1968ham001 - 697 - LRB101 08002 RLC 74920 a
of the Illinois Labor Relations Board shall submit semi-annual
reports to the Governor, President, and Minority Leader of the
Senate, and to the Speaker and Minority Leader of the House of
Representatives beginning on June 30, 2004, indicating:
(1) the number of verified complaints received since
the date of the last report;
(2) the number of investigations initiated since the
date of the last report;
(3) the number of investigations concluded since the
date of the last report;
(4) the number of investigations pending as of the
reporting date;
(5) the number of hearings held since the date of the
last report; and
(6) the number of officers decertified since the date
of the last report.
(Source: P.A. 101-187, eff. 1-1-20.)
(50 ILCS 705/6.3 new)
Sec. 6.3. Discretionary decertification of full-time and
part-time law enforcement officers.
(a) Definitions. For purposes of this Section 6.3:
"Duty to Intervene" means an obligation to intervene to
prevent harm from occurring that arises when: an officer is
present, and has reason to know (1) that excessive force is
being used or that any constitutional violation has been

10100SB1968ham001 - 698 - LRB101 08002 RLC 74920 a
committed by a law enforcement official; and (2) the officer
has a realistic opportunity to intervene. This duty applies
equally to supervisory and nonsupervisory officers. If aid is
required, the officer shall not, when reasonable to administer
aid, knowingly and willingly refuse to render aid as defined by
State or federal law. An officer does not violate this duty if
the failure to render aid is due to circumstances such as lack
of appropriate specialized training, lack of resources or
equipment, or if it is unsafe or impracticable to render aid.
"Excessive use of force" means using force in violation of
State or federal law.
"False statement" means (1) any knowingly false statement
provided on a form or report, (2) that the writer does not
believe to be true, and (3) that the writer includes to mislead
a public servant in performing the public servant's official
functions.
"Perjury" means that as defined under Sections 32-2 and
32-3 of the Criminal Code of 2012.
"Tampers with or fabricates evidence" means if a law
enforcement officer (1) has reason to believe that an official
proceeding is pending or may be instituted, and (2) alters,
destroys, conceals, or removes any record, document, data,
video or thing to impair its validity or availability in the
proceeding.
(b) Decertification conduct. The Board has the authority to
decertify a full-time or a part-time law enforcement officer

10100SB1968ham001 - 699 - LRB101 08002 RLC 74920 a
upon a determination by the Board that the law enforcement
officer has:
(1) committed an act that would constitute a felony or
misdemeanor which could serve as basis for automatic
decertification, whether or not the law enforcement
officer was criminally prosecuted, and whether or not the
law enforcement officer's employment was terminated;
(2) exercised excessive use of force;
(3) failed to comply with the officer's duty to
intervene, including through acts or omissions;
(4) tampered with a dash camera or body-worn camera or
data recorded by a dash camera or body-worn camera or
directed another to tamper with or turn off a dash camera
or body-worn camera or data recorded by a dash camera or
body-worn camera for the purpose of concealing, destroying
or altering potential evidence;
(5) engaged in the following conduct relating to the
reporting, investigation, or prosecution of a crime:
committed perjury, made a false statement, or knowingly
tampered with or fabricated evidence; and
(6) engaged in any unprofessional, unethical,
deceptive, or deleterious conduct or practice harmful to
the public; such conduct or practice need not have resulted
in actual injury to any person. As used in this paragraph,
the term "unprofessional conduct" shall include any
departure from, or failure to conform to, the minimal

10100SB1968ham001 - 700 - LRB101 08002 RLC 74920 a
standards of acceptable and prevailing practice of an
officer.
(c) Notice of Alleged Violation.
(1) The following individuals and agencies shall
notify the Board within 7 days of becoming aware of any
violation described in subsection (b):
(A) A governmental agency as defined in Section 2
or any law enforcement officer of this State. For this
subsection (c), governmental agency includes, but is
not limited to, a civilian review board, an inspector
general, and legal counsel for a government agency.
(B) The Executive Director of the Board;
(C) A State's Attorney's Office of this State.
"Becoming aware" does not include confidential
communications between agency lawyers and agencies
regarding legal advice. For purposes of this subsection,
"governmental agency" does not include the Illinois
Attorney General when providing legal representation to a
law enforcement officer under the State Employee
Indemnification Act.
(2) Any person may also notify the Board of any conduct
the person believes a law enforcement officer has committed
as described in subsection (b). Such notifications may be
made confidentially. Notwithstanding any other provision
in state law or any collective bargaining agreement, the
Board shall accept notice and investigate any allegations

10100SB1968ham001 - 701 - LRB101 08002 RLC 74920 a
from individuals who remain confidential.
(3) Upon written request, the Board shall disclose to
the individual or entity who filed a notice of violation
the status of the Board's review.
(d) Form. The notice of violation reported under subsection
(c) shall be on a form prescribed by the Board in its rules.
The form shall be publicly available by paper and electronic
means. The form shall include fields for the following
information, at a minimum:
(1) the full name, address, and telephone number of the
person submitting the notice;
(2) if submitted under subsection (c)(1), the agency
name and title of the person submitting the notice;
(3) the full name, badge number, governmental agency,
and physical description of the officer, if known;
(4) the full name or names, address or addresses,
telephone number or numbers, and physical description or
descriptions of any witnesses, if known;
(5) a concise statement of facts that describe the
alleged violation and any copies of supporting evidence
including but not limited to any photographic, video, or
audio recordings of the incident;
(6) whether the person submitting the notice has
notified any other agency; and
(7) an option for an individual, who submits directly
to the Board, to consent to have the individual's identity

10100SB1968ham001 - 702 - LRB101 08002 RLC 74920 a
disclosed.
(a) The identity of any individual providing
information or reporting any possible or alleged
violation to the Board shall be kept confidential and
may not be disclosed without the consent of that
individual, unless the individual consents to
disclosure of the individual's name or disclosure of
the individual's identity is otherwise required by
law. The confidentiality granted by this subsection
does not preclude the disclosure of the identity of a
person in any capacity other than as the source of an
allegation.
Nothing in this subsection (d) shall preclude the Board
from receiving, investigating, or acting upon allegations made
confidentially or in a format different from the form provided
for in this subsection.
(e) Preliminary review.
(1) The Board shall complete a preliminary review of
the allegations to determine whether there is sufficient
information to warrant a further investigation of any
violations of the Act. Upon initiating a preliminary review
of the allegations, the Board shall notify the head of the
governmental agency that employs the law enforcement
officer who is the subject of the allegations. At the
request of the Board, the governmental agency must submit
any copies of investigative findings, evidence, or

10100SB1968ham001 - 703 - LRB101 08002 RLC 74920 a
documentation to the Board in accordance with rules adopted
by the Board to facilitate the Board's preliminary review.
The Board may correspond with the governmental agency,
official records clerks or any investigative agencies in
conducting its preliminary review.
(2) During the preliminary review, the Board will take
all reasonable steps to discover any and all objective
verifiable evidence relevant to the alleged violation
through the identification, retention, review, and
analysis of all currently available evidence, including,
but not limited to: all time-sensitive evidence, audio and
video evidence, physical evidence, arrest reports,
photographic evidence, GPS records, computer data, lab
reports, medical documents, and witness interviews. All
reasonable steps will be taken to preserve relevant
evidence identified during the preliminary investigation.
(3) If after a preliminary review of the alleged
violation or violations, the Board believes there is
sufficient information to warrant further investigation of
any violations of this Act, the alleged violation or
violations shall be assigned for investigation in
accordance with subsection (f).
(4) If after a review of the allegations, the Board
believes there is insufficient information supporting the
allegations to warrant further investigation, it may close
a notice. Notification of the Board's decision to close a

10100SB1968ham001 - 704 - LRB101 08002 RLC 74920 a
notice shall be sent to all relevant individuals, agencies,
and any entities that received notice of the violation
under subsection (c) within 30 days of the notice being
closed, except in cases where the notice is submitted
anonymously if the complainant is unknown.
(5) Except when the Board has received notice under
subparagraph (A) of paragraph (1) of subsection (c), no
later than 30 days after receiving notice, the Board shall
report any notice of violation it receives to the relevant
governmental agency, unless reporting the notice would
jeopardize any subsequent investigation. The Board shall
also record any notice of violation it receives to the
Officer Professional Conduct Database in accordance with
Section 9.2. The Board shall report to the appropriate
State's Attorney any alleged violations that contain
allegations, claims, or factual assertions that, if true,
would constitute a violation of Illinois law. The Board
shall inform the law enforcement officer via certified mail
that it has received a notice of violation against the law
enforcement officer.
If the Board determines that due to the circumstances
and the nature of the allegation that it would not be
prudent to notify the law enforcement officer and the
officer's governmental agency unless and until the filing
of a Formal Complaint, the Board shall document in the file
the reason or reasons a notification was not made.

10100SB1968ham001 - 705 - LRB101 08002 RLC 74920 a
(6) If a criminal proceeding has been initiated against
the law enforcement officer, the Board is responsible for
maintaining a current status report including court dates,
hearings, pleas, adjudication status and sentencing. A
State's Attorney's Office is responsible for notifying the
Board of any criminal charges filed against a law
enforcement officer.
(f) Investigations; requirements. Investigations are to be
assigned after a preliminary review, unless the investigations
were closed under paragraph (4) of subsection (e), as follows
in paragraphs (1), (2), and (3) of this subsection (f).
(1) A governmental agency that submits a notice of
violation to the Board under subparagraph (A) of paragraph
(1) of subsection (c) shall be responsible for conducting
an investigation of the underlying allegations except
when: (i) the governmental agency refers the notice to
another governmental agency or the Board for investigation
and such other agency or the Board agrees to conduct the
investigation; (ii) an external, independent, or civilian
oversight agency conducts the investigation in accordance
with local ordinance or other applicable law; or (iii) the
Board has determined that it will conduct the investigation
based upon the facts and circumstances of the alleged
violation, including but not limited to, investigations
regarding the Chief or Sheriff of a governmental agency,
familial conflict of interests, complaints involving a

10100SB1968ham001 - 706 - LRB101 08002 RLC 74920 a
substantial portion of a governmental agency, or
complaints involving a policy of a governmental agency. Any
agency or entity conducting an investigation under this
paragraph (1) shall, within 7 days of completing an
investigation, deliver an Investigative Summary Report and
copies of any administrative evidence to the Board. If the
Board finds an investigation conducted under this
paragraph (1) is incomplete, unsatisfactory, or deficient
in any way, the Board may direct the investigating entity
or agency to take any additional investigative steps deemed
necessary to thoroughly and satisfactorily complete the
investigation, or the Board may take any steps necessary to
complete the investigation. The investigating entity or
agency or, when necessary, the Board will then amend and
re-submit the Investigative Summary Report to the Board for
approval.
(2) The Board shall investigate and complete an
Investigative Summary Report when a State's Attorney's
Office submits a notice of violation to the Board under
(c)(1)(C).
(3) When a person submits a notice to the Board under
paragraph (2) of subsection (c), The Board shall assign the
investigation to the governmental agency that employs the
law enforcement officer, except when: (i) the governmental
agency requests to refer the notice to another governmental
agency or the Board for investigation and such other agency

10100SB1968ham001 - 707 - LRB101 08002 RLC 74920 a
or the Board agrees to conduct the investigation; (ii) an
external, independent, or civilian oversight agency
conducts the investigation in accordance with local
ordinance or other applicable law; or (iii) the Board has
determined that it will conduct the investigation based
upon the facts and circumstances of the alleged violation,
including but not limited to, investigations regarding the
Chief or Sheriff of a governmental agency, familial
conflict of interests, complaints involving a substantial
portion of a governmental agency, or complaints involving a
policy of a governmental agency. The investigating entity
or agency shall, within 7 days of completing an
investigation, deliver an Investigative Summary Report and
copies of any evidence to the Board. If the Board finds an
investigation conducted under this subsection (f)(3) is
incomplete, unsatisfactory, or deficient in any way, the
Board may direct the investigating entity to take any
additional investigative steps deemed necessary to
thoroughly and satisfactorily complete the investigation,
or the Board may take any steps necessary to complete the
investigation. The investigating entity or agency or, when
necessary, the Board will then amend and re-submit The
Investigative Summary Report to the Board for approval. The
investigating entity shall cooperate with and assist the
Board, as necessary, in any subsequent investigation.
(4) Concurrent Investigations. The Board may, at any

10100SB1968ham001 - 708 - LRB101 08002 RLC 74920 a
point, initiate a concurrent investigation under this
section. The original investigating entity shall timely
communicate, coordinate, and cooperate with the Board to
the fullest extent. The Board shall promulgate rules that
shall address, at a minimum, the sharing of information and
investigative means such as subpoenas and interviewing
witnesses.
(5) Investigative Summary Report. An Investigative
Summary Report shall contain, at a minimum, the allegations
and elements within each allegation followed by the
testimonial, documentary, or physical evidence that is
relevant to each such allegation or element listed and
discussed in association with it. All persons who have been
interviewed and listed in the Investigative Summary Report
will be identified as a complainant, witness, person with
specialized knowledge, or law enforcement employee.
(6) Each governmental agency shall adopt a written
policy regarding the investigation of conduct under
subsection (a) that involves a law enforcement officer
employed by that governmental agency. The written policy
adopted must include the following, at a minimum:
(a) Each law enforcement officer shall immediately
report any conduct under subsection (b) to the
appropriate supervising officer.
(b) The written policy under this Section shall be
available for inspection and copying under the Freedom

10100SB1968ham001 - 709 - LRB101 08002 RLC 74920 a
of Information Act, and not subject to any exemption of
that Act.
(7) Nothing in this Act shall prohibit a governmental
agency from conducting an investigation for the purpose of
internal discipline. However, any such investigation shall
be conducted in a manner that avoids interference with, and
preserves the integrity of, any separate investigation
being conducted.
(g) Formal complaints. Upon receipt of an Investigative
Summary Report, the Board shall review the Report and any
relevant evidence obtained and determine whether there is
reasonable basis to believe that the law enforcement officer
committed any conduct that would be deemed a violation of this
Act. If after reviewing the Report and any other relevant
evidence obtained, the Board determines that a reasonable basis
does exist, the Board shall file a formal complaint with the
Certification Review Panel.
(h) Formal Complaint Hearing.
(1) Upon issuance of a formal complaint, the Panel
shall set the matter for an initial hearing in front of an
administrative law judge. At least 30 days before the date
set for an initial hearing, the Panel must, in writing,
notify the law enforcement officer subject to the complaint
of the following:
(i) the allegations against the law enforcement
officer, the time and place for the hearing, and

10100SB1968ham001 - 710 - LRB101 08002 RLC 74920 a
whether the law enforcement officer's certification
has been temporarily suspended under Section 8.3;
(ii) the right to file a written answer to the
complaint with the Panel within 30 days after service
of the notice;
(iii) if the law enforcement officer fails to
comply with the notice of the default order in
paragraph (2), the Panel shall enter a default order
against the law enforcement officer along with a
finding that the allegations in the complaint are
deemed admitted, and that the law enforcement
officer's certification may be revoked as a result; and
(iv) the law enforcement officer may request an
informal conference to surrender the officer's
certification.
(2) The Board shall send the law enforcement officer
notice of the default order. The notice shall state that
the officer has 30 days to notify the Board in writing of
their desire to have the order vacated and to appear before
the Board. If the law enforcement officer does not notify
the Board within 30 days, the Board may set the matter for
hearing. If the matter is set for hearing, the Board shall
send the law enforcement officer the notice of the date,
time and location of the hearing. If the law enforcement
officer or counsel for the officer does appear, at the
Board's discretion, the hearing may proceed or may be

10100SB1968ham001 - 711 - LRB101 08002 RLC 74920 a
continued to a date and time agreed upon by all parties. If
on the date of the hearing, neither the law enforcement
officer nor counsel for the officer appears, the Board may
proceed with the hearing for default in their absence.
(3) If the law enforcement officer fails to comply with
paragraph (2), all of the allegations contained in the
complaint shall be deemed admitted and the law enforcement
officer shall be decertified if, by a majority vote of the
panel, the conduct charged in the complaint is found to
constitute sufficient grounds for decertification under
this Act. Notice of the decertification decision may be
served by personal delivery, by mail, or, at the discretion
of the Board, by electronic means as adopted by rule to the
address or email address specified by the law enforcement
officer in the officer's last communication with the Board.
Notice shall also be provided to the law enforcement
officer's governmental agency.
(4) The Board, at the request of the law enforcement
officer subject to the Formal Complaint, may suspend a
hearing on a Formal Complaint for no more than one year if
a concurrent criminal matter is pending. If the law
enforcement officer requests to have the hearing
suspended, the law enforcement officer's certification
shall be deemed inactive until the law enforcement
officer's Formal Complaint hearing concludes.
(5) Surrender of certification or waiver. Upon the

10100SB1968ham001 - 712 - LRB101 08002 RLC 74920 a
Board's issuance of a complaint, and prior to hearing on
the matter, a law enforcement officer may choose to
surrender the officer's certification or waiver by
notifying the Board in writing of the officer's decision to
do so. Upon receipt of such notification from the law
enforcement officer, the Board shall immediately decertify
the officer, or revoke any waiver previously granted. In
the case of a surrender of certification or waiver, the
Board's proceeding shall terminate.
(6) Appointment of administrative law judges. The
Board shall retain any attorney licensed to practice law in
the State of Illinois to serve as an administrative law
judge in any action initiated against a law enforcement
officer under this Act. The administrative law judge shall
be retained to a term of no greater than 4 years. If more
than one judge is retained, the terms shall be staggered.
The administrative law judge has full authority to conduct
the hearings.
Administrative law judges will receive initial and annual
training that is adequate in quality, quantity, scope, and
type, and will cover, at minimum the following topics:
(i) constitutional and other relevant law on
police- community encounters, including the law on the
use of force and stops, searches, and arrests;
(ii) police tactics;
(iii) investigations of police conduct;

10100SB1968ham001 - 713 - LRB101 08002 RLC 74920 a
(iv) impartial policing;
(v) policing individuals in crisis;
(vi) Illinois police policies, procedures, and
disciplinary rules;
(vii) procedural justice; and
(viii) community outreach.
(7) Hearing. At the hearing, the administrative law
judge will hear the allegations alleged in the complaint.
The law enforcement officer, the counsel of the officer's
choosing, and the Board, or the officer's counsel, shall be
afforded the opportunity to present any pertinent
statements, testimony, evidence, and arguments. The law
enforcement officer shall be afforded the opportunity to
request that the Board compel the attendance of witnesses
and production of related documents. After the conclusion
of the hearing, the administrative law judge shall report
his or her findings of fact, conclusions of law, and
recommended disposition to the Panel.
(8) Certification Review Meeting. Upon receipt of the
administrative law judge's findings of fact, conclusions
of law, and recommended disposition, the Panel shall call
for a certification review meeting.
In such a meeting, the Panel may adjourn into a closed
conference for the purposes of deliberating on the evidence
presented during the hearing. In closed conference, the
Panel shall consider the hearing officer's findings of

10100SB1968ham001 - 714 - LRB101 08002 RLC 74920 a
fact, conclusions of law, and recommended disposition and
may deliberate on all evidence and testimony received and
may consider the weight and credibility to be given to the
evidence received. No new or additional evidence may be
presented to the Panel. After concluding its
deliberations, the Panel shall convene in open session for
its consideration of the matter. If a simple majority of
the Panel finds that no allegations in the complaint
supporting one or more charges of misconduct are proven by
clear and convincing evidence, then the Panel shall
recommend to the Board that the complaint be dismissed. If
a simple majority of the Panel finds that the allegations
in the complaint supporting one or more charges of
misconduct are proven by clear and convincing evidence,
then the Panel shall recommend to the Board to decertify
the officer. In doing so, the Panel may adopt, in whole or
in part, the hearing officer's findings of fact,
conclusions of law, and recommended disposition.
(9) Final action by the Board. After receiving the
Panel's recommendations, and after due consideration of
the Panel's recommendations, the Board, by majority vote,
shall issue a final decision to decertify the law
enforcement officer or take no action in regard to the law
enforcement officer. No new or additional evidence may be
presented to the Board. If the Board makes a final decision
contrary to the recommendations of the Panel, the Board

10100SB1968ham001 - 715 - LRB101 08002 RLC 74920 a
shall set forth in its final written decision the specific
written reasons for not following the Panel's
recommendations. A copy of the Board's final decision shall
be served upon the law enforcement officer by the Board,
either personally or as provided in this Act for the
service of a notice of hearing. A copy of the Board's final
decision also shall be delivered to the employing
governmental agency, the complainant, and the Panel.
(10) Reconsideration of the Board's Decision. Within
30 days after service of the Board's final decision, the
Panel or the law enforcement officer may file a written
motion for reconsideration with the Board. The motion for
reconsideration shall specify the particular grounds for
reconsideration. The non-moving party may respond to the
motion for reconsideration. The Board may deny the motion
for reconsideration, or it may grant the motion in whole or
in part and issue a new final decision in the matter. The
Board must notify the law enforcement officer within 14
days of a denial and state the reasons for denial.
(50 ILCS 705/6.6 new)
Sec. 6.6. Administrative Review Law; application.
(a) All final administrative decisions regarding
discretionary decertification of the Board are subject to
judicial review under the Administrative Review Law and its
rules. The term "administrative decision" is defined in Section

10100SB1968ham001 - 716 - LRB101 08002 RLC 74920 a
3-101 of the Code of Civil Procedure.
(b) Proceedings for judicial review shall be commenced in
Sangamon County or Cook County.
(50 ILCS 705/6.7 new)
Sec. 6.7. Certification and decertification procedures
under Act exclusive. Notwithstanding any other law, the
certification and decertification procedures, including the
conduct of any investigation or hearing, under this Act are the
sole and exclusive procedures for certification as law
enforcement officers in Illinois and are not subject to
collective bargaining under the Illinois Public Labor
Relations Act or appealable except as set forth herein. The
provisions of any collective bargaining agreement adopted by a
governmental agency and covering the law enforcement officer or
officers under investigation shall be inapplicable to any
investigation or hearing conducted under this Act.
An individual has no property interest in employment or
otherwise resulting from law enforcement officer certification
at the time of initial certification or at any time thereafter,
including, but not limited to, after decertification or the
officer's certification has been deemed inactive. Nothing in
this Act shall be construed to create a requirement that a
governmental agency shall continue to employ a law enforcement
officer who has been decertified.

10100SB1968ham001 - 717 - LRB101 08002 RLC 74920 a
(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 law enforcement
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, 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,

10100SB1968ham001 - 718 - LRB101 08002 RLC 74920 a
including, but not limited to, the disease of addiction,
which require immediate assistance and response and
methods to safeguard and provide assistance to a person in
need of mental treatment, recognition of abuse, neglect,
financial exploitation, and self-neglect of adults with
disabilities and older adults, as defined in Section 2 of
the Adult Protective Services Act, crimes against the
elderly, law of evidence, the hazards of high-speed police
vehicle chases with an emphasis on alternatives to the
high-speed chase, and physical training. The curriculum
shall include specific training in techniques for
immediate response to and investigation of cases of
domestic violence and of sexual assault of adults and
children, including cultural perceptions and common myths
of sexual assault and sexual abuse as well as interview
techniques that are age sensitive and are trauma informed,
victim centered, and victim sensitive. The curriculum
shall include training in techniques designed to promote
effective communication at the initial contact with crime
victims and ways to comprehensively explain to victims and
witnesses their rights under the Rights of Crime Victims
and Witnesses Act and the Crime Victims Compensation Act.
The curriculum shall also include training in effective
recognition of and responses to stress, trauma, and
post-traumatic stress experienced by law enforcement
police officers that is consistent with Section 25 of the

10100SB1968ham001 - 719 - LRB101 08002 RLC 74920 a
Illinois Mental Health First Aid Training Act in a peer
setting, including recognizing signs and symptoms of
work-related cumulative stress, issues that may lead to
suicide, and solutions for intervention with peer support
resources. The curriculum shall include a block of
instruction addressing the mandatory reporting
requirements under the Abused and Neglected Child
Reporting Act. The curriculum shall also include a block of
instruction aimed at identifying and interacting with
persons with autism and other developmental or physical
disabilities, reducing barriers to reporting crimes
against persons with autism, and addressing the unique
challenges presented by cases involving victims or
witnesses with autism and other developmental
disabilities. The curriculum shall include training in the
detection and investigation of all forms of human
trafficking. The curriculum shall also include instruction
in trauma-informed responses designed to ensure the
physical safety and well-being of a child of an arrested
parent or immediate family member; this instruction must
include, but is not limited to: (1) understanding the
trauma experienced by the child while maintaining the
integrity of the arrest and safety of officers, suspects,
and other involved individuals; (2) de-escalation tactics
that would include the use of force when reasonably
necessary; and (3) inquiring whether a child will require

10100SB1968ham001 - 720 - LRB101 08002 RLC 74920 a
supervision and care. The curriculum for permanent law
enforcement 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 law enforcement police officers, including
University police officers.
b. Minimum courses of study, attendance requirements
and equipment requirements.
c. Minimum requirements for instructors.
d. Minimum basic training requirements, which a
probationary law enforcement police officer must
satisfactorily complete before being eligible for
permanent employment as a local law enforcement officer for
a participating local governmental or state 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.

10100SB1968ham001 - 721 - LRB101 08002 RLC 74920 a
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
the officer's his or her successful completion of the
training course; (ii) attesting to the officer's 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

10100SB1968ham001 - 722 - LRB101 08002 RLC 74920 a
after June 1, 1997 (the effective date of Public Act
89-685) shall be certified within 12 months of the date of
their hire, unless a waiver has been obtained by the Board,
or they shall forfeit their positions.
The Sheriff's Merit Commission, if one exists, or the
Sheriff's Office if there is no Sheriff's Merit Commission,
shall maintain a list of all individuals who have filed
applications to become court security officers and who meet
the eligibility requirements established under this Act.
Either the Sheriff's Merit Commission, or the Sheriff's
Office if no Sheriff's Merit Commission exists, shall
establish a schedule of reasonable intervals for
verification of the applicants' qualifications under this
Act and as established by the Board.
g. Minimum in-service training requirements, which a
law enforcement police officer must satisfactorily
complete every 3 years. Those requirements shall include
constitutional and proper use of law enforcement
authority, procedural justice, civil rights, human rights,
mental health awareness and response, officer wellness,
reporting child abuse and neglect, and cultural
competency.
h. Minimum in-service training requirements, which a
law enforcement police officer must satisfactorily
complete at least annually. Those requirements shall
include law updates and use of force training which shall

10100SB1968ham001 - 723 - LRB101 08002 RLC 74920 a
include scenario based training, or similar training
approved by the Board.
(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;
100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
101-564, eff. 1-1-20; revised 9-10-19.)
(50 ILCS 705/7.5)
Sec. 7.5. Law enforcement Police pursuit guidelines. The
Board shall annually review police pursuit procedures and make
available suggested law enforcement police pursuit guidelines
for law enforcement agencies. This Section does not alter the
effect of previously existing law, including the immunities
established under the Local Governmental and Governmental
Employees Tort Immunity Act.
(Source: P.A. 88-637, eff. 9-9-94.)
(50 ILCS 705/8) (from Ch. 85, par. 508)
Sec. 8. Participation required. All home rule local
governmental units shall comply with Sections 6.3, 8.1, and 8.2
and any other mandatory provisions of this Act. This Act is a
limitation on home rule powers under subsection (i) of Section
6 of Article VII of the Illinois Constitution.
(Source: P.A. 89-170, eff. 1-1-96.)

10100SB1968ham001 - 724 - LRB101 08002 RLC 74920 a
(50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
Sec. 8.1. Full-time law enforcement police and county
corrections officers.
(a) No After January 1, 1976, no person shall receive a
permanent appointment as a law enforcement officer or as
defined in this Act nor shall any person receive, after the
effective date of this amendatory Act of 1984, a permanent
appointment as a county corrections officer unless that person
has been awarded, within 6 months of the officer's his or her
initial full-time employment, a certificate attesting to the
officer's his or her successful completion of the Minimum
Standards Basic Law Enforcement or and County Correctional
Training Course as prescribed by the Board; or has been awarded
a certificate attesting to the officer's his or her
satisfactory completion of a training program of similar
content and number of hours and which course has been found
acceptable by the Board under the provisions of this Act; or a
training waiver by reason of extensive prior law enforcement or
county corrections experience the basic training requirement
is determined by the Board to be illogical and unreasonable.
If such training is required and not completed within the
applicable 6 months, then the officer must forfeit the
officer's his or her position, or the employing agency must
obtain a waiver from the Board extending the period for
compliance. Such waiver shall be issued only for good and
justifiable reasons, and in no case shall extend more than 90

10100SB1968ham001 - 725 - LRB101 08002 RLC 74920 a
days beyond the initial 6 months. Any hiring agency that fails
to train a law enforcement officer within this period shall be
prohibited from employing this individual in a law enforcement
capacity for one year from the date training was to be
completed. If an agency again fails to train the individual a
second time, the agency shall be permanently barred from
employing this individual in a law enforcement capacity.
An individual who is not certified by the Board or whose
certified status is inactive shall not function as a law
enforcement officer, be assigned the duties of a law
enforcement officer by an employing agency, or be authorized to
carry firearms under the authority of the employer, except as
otherwise authorized to carry a firearm under State or federal
law. Sheriffs who are elected as of the effective date of this
Amendatory Act of the 101st General Assembly, are exempt from
the requirement of certified status. Failure to be certified in
accordance with this Act shall cause the officer to forfeit the
officer's position.
An employing agency may not grant a person status as a law
enforcement officer unless the person has been granted an
active law enforcement officer certification by the Board.
(b) Inactive status. A person who has an inactive law
enforcement officer certification has no law enforcement
authority.
(1) A law enforcement officer's certification becomes
inactive upon termination, resignation, retirement, or

10100SB1968ham001 - 726 - LRB101 08002 RLC 74920 a
separation from the officer's employing governmental
agency for any reason. The Board shall re-activate a
certification upon written application from the law
enforcement officer's governmental agency that shows the
law enforcement officer: (i) has accepted a full-time law
enforcement position with that governmental agency, (ii)
is not the subject of a decertification proceeding, and
(iii) meets all other criteria for re-activation required
by the Board. The Board may also establish special training
requirements to be completed as a condition for
re-activation.
A law enforcement officer who is refused reactivation
under this Section may request a hearing in accordance with
the hearing procedures as outlined in subsection (h) of
Section 6.3 of this Act.
The Board may refuse to re-activate the certification
of a law enforcement officer who was involuntarily
terminated for good cause by his or her governmental agency
for conduct subject to decertification under this Act or
resigned or retired after receiving notice of a
governmental agency's investigation.
(2) A law enforcement officer who is currently
certified can place his or her certificate on inactive
status by sending a written request to the Board. A law
enforcement officer whose certificate has been placed on
inactive status shall not function as a law enforcement

10100SB1968ham001 - 727 - LRB101 08002 RLC 74920 a
officer until the officer has completed any requirements
for reactivating the certificate as required by the Board.
A request for inactive status in this subsection shall be
in writing, accompanied by verifying documentation, and
shall be submitted to the Board with a copy to the chief
administrator of the law enforcement officer's
governmental agency.
(3) Certification that has become inactive under
paragraph (2) of this subsection (b), shall be reactivated
by written notice from the law enforcement officer's agency
upon a showing that the law enforcement officer is: (i)
employed in a full-time law enforcement position with the
same governmental agency (ii) not the subject of a
decertification proceeding, and (iii) meets all other
criteria for re-activation required by the Board.
(4) Notwithstanding paragraph (3) of this subsection
(b), a law enforcement officer whose certification has
become inactive under paragraph (2) may have the officer's
governmental agency submit a request for a waiver of
training requirements to the Board. A grant of a waiver is
within the discretion of the Board. Within 7 days of
receiving a request for a waiver under this section, the
Board shall notify the law enforcement officer and the
chief administrator of the law enforcement officer's
governmental agency, whether the request has been granted,
denied, or if the Board will take additional time for

10100SB1968ham001 - 728 - LRB101 08002 RLC 74920 a
information. A law enforcement officer whose request for a
waiver under this subsection is denied is entitled to
appeal the denial to the Board within 20 days of the waiver
being denied.
(c) (b) No provision of this Section shall be construed to
mean that a law enforcement officer employed by a local
governmental agency at the time of the effective date of this
amendatory Act, either as a probationary police officer or as a
permanent police officer, shall require certification under
the provisions of this Section. No provision of this Section
shall be construed to mean that a county corrections officer
employed by a local governmental agency at the time of the
effective date of this amendatory Act of 1984, either as a
probationary county corrections or as a permanent county
corrections officer, shall require certification under the
provisions of this Section. No provision of this Section shall
be construed to apply to certification of elected county
sheriffs.
(d) Within 14 days, a law enforcement officer shall report
to the Board: (1) any name change; (2) any change in
employment; or (3) the filing of any criminal indictment or
charges against the officer alleging that the officer committed
any offense as enumerated in section 6.1 of this Act.
(e) All law enforcement officers must report the completion
of the training requirements required in this Act in compliance
with Section 8.4 of this Act.

10100SB1968ham001 - 729 - LRB101 08002 RLC 74920 a
(e-1) Each employing governmental agency shall allow and
provide an opportunity for a law enforcement officer to
complete the mandated requirements in this Act.
(f) (c) This Section does not apply to part-time law
enforcement police officers or probationary part-time law
enforcement police officers.
(Source: P.A. 101-187, eff. 1-1-20.)
(50 ILCS 705/8.2)
Sec. 8.2. Part-time law enforcement police officers.
(a) A person hired to serve as a part-time law enforcement
police officer must obtain from the Board a certificate (i)
attesting to the officer's his or her successful completion of
the part-time police training course; (ii) attesting to the
officer's 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) a training waiver attesting to the Board's
determination that the part-time police training course is
unnecessary because of the person's extensive prior law
enforcement experience. A person hired on or after the
effective date of this amendatory Act of the 92nd General
Assembly must obtain this certificate within 18 months after
the initial date of hire as a probationary part-time law
enforcement police officer in the State of Illinois. The
probationary part-time law enforcement police officer must be

10100SB1968ham001 - 730 - LRB101 08002 RLC 74920 a
enrolled and accepted into a Board-approved course within 6
months after active employment by any department in the State.
A person hired on or after January 1, 1996 and before the
effective date of this amendatory Act of the 92nd General
Assembly must obtain this certificate within 18 months after
the date of hire. A person hired before January 1, 1996 must
obtain this certificate within 24 months after the effective
date of this amendatory Act of 1995.
The employing agency may seek an extension a waiver from
the Board extending the period for compliance. An extension A
waiver shall be issued only for good and justifiable reasons,
and the probationary part-time law enforcement police officer
may not practice as a part-time law enforcement police officer
during the extension waiver period. If training is required and
not completed within the applicable time period, as extended by
any waiver that may be granted, then the officer must forfeit
the officer's his or her position.
An individual who is not certified by the Board or whose
certified status is inactive shall not function as a law
enforcement officer, be assigned the duties of a law
enforcement officer by an agency, or be authorized to carry
firearms under the authority of the employer, except that
sheriffs who are elected are exempt from the requirement of
certified status. Failure to be in accordance with this Act
shall cause the officer to forfeit the officer's position.
A part-time probationary officer shall be allowed to

10100SB1968ham001 - 731 - LRB101 08002 RLC 74920 a
complete six months of a part-time police training course and
function as a law enforcement officer with a waiver from the
Board, provided the part-time law enforcement officer is still
enrolled in the training course. If the part-time probationary
officer withdraws from the course for any reason or does not
complete the course within the applicable time period, as
extended by any waiver that may be granted, then the officer
must forfeit the officer's position.
A governmental agency may not grant a person status as a
law enforcement officer unless the person has been granted an
active law enforcement officer certification by the Board.
(b) Inactive status. A person who has an inactive law
enforcement officer certification has no law enforcement
authority. (Blank).
(1) A law enforcement officer's certification becomes
inactive upon termination, resignation, retirement, or
separation from the governmental agency for any reason. The
Board shall re-activate a certification upon written
application from the law enforcement officer's
governmental agency that shows the law enforcement
officer: (i) has accepted a part-time law enforcement
position with that a governmental agency, (ii) is not the
subject of a decertification proceeding, and (iii) meets
all other criteria for re-activation required by the Board.
The Board may refuse to re-activate the certification
of a law enforcement officer who was involuntarily

10100SB1968ham001 - 732 - LRB101 08002 RLC 74920 a
terminated for good cause by the officer's governmental
agency for conduct subject to decertification under this
Act or resigned or retired after receiving notice of a
governmental agency's investigation.
(2) A law enforcement officer who is currently
certified can place his or her certificate on inactive
status by sending a written request to the Board. A law
enforcement officer whose certificate has been placed on
inactive status shall not function as a law enforcement
officer until the officer has completed any requirements
for reactivating the certificate as required by the Board.
A request for inactive status in this subsection shall be
in writing, accompanied by verifying documentation, and
shall be submitted to the Board by the law enforcement
officer's governmental agency.
(3) Certification that has become inactive under
paragraph (2) of this subsection (b), shall be reactivated
by written notice from the law enforcement officer's agency
upon a showing that the law enforcement officer is: (i)
employed in a full-time law enforcement position with the
same governmental agency, (ii) not the subject of a
decertification proceeding, and (iii) meets all other
criteria for re-activation required by the Board. The Board
may also establish special training requirements to be
completed as a condition for re-activation.
A law enforcement officer who is refused reactivation

10100SB1968ham001 - 733 - LRB101 08002 RLC 74920 a
under this Section may request a hearing in accordance with
the hearing procedures as outlined in subsection (h) of
Section 6.3 of this Act.
(4) Notwithstanding paragraph (3) of this Section, a
law enforcement officer whose certification has become
inactive under paragraph (2) may have the officer's
governmental agency submit a request for a waiver of
training requirements to the Board. A grant of a waiver is
within the discretion of the Board. Within 7 days of
receiving a request for a waiver under this section, the
Board shall notify the law enforcement officer and the
chief administrator of the law enforcement officer's
governmental agency, whether the request has been granted,
denied, or if the Board will take additional time for
information. A law enforcement officer whose request for a
waiver under this subsection is denied is entitled to
appeal the denial to the Board within 20 days of the waiver
being denied.
(c) The part-time police training course referred to in
this Section shall be of similar content and the same number of
hours as the courses for full-time officers and shall be
provided by Mobile Team In-Service Training Units under the
Intergovernmental Law Enforcement Officer's In-Service
Training Act or by another approved program or facility in a
manner prescribed by the Board.
(d) Within 14 days, a law enforcement officer shall report

10100SB1968ham001 - 734 - LRB101 08002 RLC 74920 a
to the Board: (1) any name change; (2) any change in
employment; or (3) the filing of any criminal indictment or
charges against the officer alleging that the officer committed
any offense as enumerated in section 6.1 of this Act.
(e) All law enforcement officers must report the completion
of the training requirements required in this Act in compliance
with Section 8.4 of this Act.
(e-1) Each employing agency shall allow and provide an
opportunity for a law enforcement officer to complete the
requirements in this Act.
(f) (d) For the purposes of this Section, the Board shall
adopt rules defining what constitutes employment on a part-time
basis.
(Source: P.A. 92-533, eff. 3-14-02.)
(50 ILCS 705/8.3 new)
Sec. 8.3. Emergency order of suspension.
(a) The Board, upon being notified that a law enforcement
officer has been arrested or indicted on any felony charge or
charges, may immediately suspend the law enforcement officer's
certification. The Board shall also notify the chief
administrator of any governmental agency currently employing
the officer. The Board shall have authority to dissolve an
emergency order of suspension at any time for any reason.
(b) Notice of the immediate suspension shall be served on
the law enforcement officer, the governmental agency, the chief

10100SB1968ham001 - 735 - LRB101 08002 RLC 74920 a
executive of the municipality, and state the reason for
suspension within seven days.
(c) Upon service of the notice, the law enforcement officer
shall have 30 days to request to be heard by the Panel. The
hearing, if requested by the licensee, shall follow the hearing
procedures as outlined in subsection (h) of Section 6.3 of this
Act.
(d) At the meeting, the law enforcement officer may present
evidence, witnesses and argument as to why the officer's
certification should not be suspended. The Panel shall review
the suspension, and if the Panel finds that the proof is
evident or the presumption great that the officer has committed
the offense charged, the Panel can sustain or reduce the length
of the suspension. If the Panel does not find that the proof is
evident or the presumption great that the officer has committed
the offense charged, the Panel can reverse the suspension.
If the law enforcement officer does not request to be heard
or does not appear, the Panel may hold the hearing in the
officer's absence. The law enforcement officer and the
governmental agency shall be notified of the decision of the
Panel within 7 days. The law enforcement officer may request to
suspend the hearing until after the officer's criminal trial
has occurred, however the suspension will remain intact until
the hearing.
(e) Findings and conclusions made in hearing for an
emergency suspension shall not be binding on any party in any

10100SB1968ham001 - 736 - LRB101 08002 RLC 74920 a
subsequent proceeding under this Act.
(f) A Panel member acting in good faith, and not in a
willful and wanton manner, in accordance with this Section,
shall not, as a result of such actions, be subject to criminal
prosecution or civil damages, including but not limited to lost
wages.
(50 ILCS 705/8.4 new)
Sec. 8.4. Law Enforcement Compliance Verification.
(a)(1) Unless on inactive status under subsection (b) of
Section 8.1 or subsection (b) of Section 8.2, every law
enforcement officer subject to this Act shall submit a
verification form that confirms compliance with this Act. The
verification shall apply to the 3 calendar years preceding the
date of verification. Law enforcement officers shall submit the
officer's first report by January 30 during the initial
three-year reporting period, as determined on the basis of the
law enforcement officer's last name under paragraph (2) of this
subsection then every third year of the officer's applicable
three-year report period as determined by the Board. At the
conclusion of each law enforcement officer's applicable
reporting period, the chief administrative officer of the
officer's governmental agency is to determine the compliance of
each officer under this Section. An officer may verify their
successful completion of training requirements with their
governmental agency. Each law enforcement officer is

10100SB1968ham001 - 737 - LRB101 08002 RLC 74920 a
responsible for reporting and demonstrating compliance to the
officer's chief administrative officer.
(2) The applicable three-year reporting period shall begin
on January 30, 2023 for law enforcement officers whose last
names being with the letters A through G, on January 30, 2024
for law enforcement officers whose last names being with the
letters H through O, and January 30, 2025 for law enforcement
officers whose last names being with the letters P through Z.
(3) The compliance verification form shall be in a form and
manner prescribed by the Board and, at a minimum, include the
following: (i) verification that the law enforcement officer
has completed the mandatory training programs in the preceding
3 years; (ii) the law enforcement officer's current employment
information, including but not limited to, the termination of
any previous law enforcement or security employment in the
relevant time period; and (iii) a statement verifying that the
officer has not committed misconduct under Section 6.1.
(b) (1) On October 1 of each year, the Board shall send
notice to all certified law enforcement officers, unless
exempted in (a), of the upcoming deadline to submit the
compliance verification form. No later than March 1 of each
year, the Board shall send notice to all certified law
enforcement officers who have failed to submit the compliance
verification form, as well as the officer's governmental
agencies. The Board shall not send a notice of noncompliance to
law enforcement officers whom the Board knows, based on the

10100SB1968ham001 - 738 - LRB101 08002 RLC 74920 a
status of the law enforcement officer's certification status,
are inactive or retired. The Board may accept compliance
verification forms until April 1 of the year in which a law
enforcement officer is required to submit the form.
(2) No earlier than April 1 of the year in which a law
enforcement officer is required to submit a verification form,
the Board may determine a law enforcement officer's
certification to be inactive if the law enforcement officer
failed to either: (1) submit a compliance verification in
accordance with this Section; or (2) report an exemption from
the requirements of this Section. The Board shall then send
notice, by mail or email, to any such law enforcement officer
and the officer's governmental agency that the officer's
certificate will be deemed inactive on the date specified in
the notice, which shall be no sooner than 21 days from the date
of the notice, because of the officer's failure to comply or
report compliance, or failure to report an exemption. The Board
shall deem inactive the certificate of such law enforcement
officers on the date specified in the notice unless the Board
determines before that date that the law enforcement officer
has complied. A determination that a certificate is inactive
under this section is not a disciplinary sanction.
(3) A law enforcement officer who was on voluntary inactive
status shall, upon return to active status, be required to
complete the deferred training programs within 1 year.
(4) The Board may waive the reporting requirements, as

10100SB1968ham001 - 739 - LRB101 08002 RLC 74920 a
required in this section, if the law enforcement officer or the
officer's governmental agency demonstrates the existence of
mitigating circumstances justifying the law enforcement
officer's failure to obtain the training requirements due to
failure of the officer's governmental agency or the Board to
offer the training requirement during the officer's required
compliance verification period. If the Board finds that the law
enforcement officer can meet the training requirements with
extended time, the Board may allow the law enforcement officer
a maximum of six additional months to complete the
requirements.
(5) A request for a training waiver under this subsection
due to the mitigating circumstance shall be in writing,
accompanied by verifying documentation, and shall be submitted
to the Board not less than 30 days before the end of the law
enforcement officer's required compliance verification period.
(6) A law enforcement officer whose request for waiver
under this subsection is denied, is entitled to a request for a
review by the Board. The law enforcement officer or the
officer's governmental agency must request a review within 20
days of the waiver being denied. The burden of proof shall be
on the law enforcement officer to show why the officer is
entitled to a waiver.
(c) Recordkeeping and Audits.
(1) For four years after the end of each reporting
period, each certified law enforcement officer shall

10100SB1968ham001 - 740 - LRB101 08002 RLC 74920 a
maintain sufficient documentation necessary to corroborate
compliance with the mandatory training requirements under
this Act.
(2) Notwithstanding any other provision in state law,
for four years after the end of each reporting period, each
governmental agency shall maintain sufficient
documentation necessary to corroborate compliance with the
mandatory training requirements under this Act of each
officer it employs or employed within the relevant time
period.
(3) The Board may audit compliance verification forms
submitted to determine the accuracy of the submissions. The
audit may include but is not limited to, training
verification and a law enforcement officer background
check.
(d) Audits that Reveal an Inaccurate Verification.
(1) If an audit conducted under paragraph (3) of
subsection (c) of this Section reveals inaccurate
information, the Board shall provide the law enforcement
officer and employing governmental agency with written
notice containing: (i) the results of the audit, specifying
each alleged inaccuracy; (ii) a summary of the basis of
that determination; and (iii) a deadline, which shall be at
least 30 days from the date of the notice, for the law
enforcement officer to file a written response if the law
enforcement officer objects to any of the contents of the

10100SB1968ham001 - 741 - LRB101 08002 RLC 74920 a
notice.
(2) After considering any response from the law
enforcement officer, if the Board determines that the law
enforcement officer filed an inaccurate verification, the
law enforcement officer shall be given 60 days in which to
file an amended verification form, together with all
documentation specified in paragraph (e)(1), demonstrating
full compliance with the applicable requirements.
(3) If the results of the audit suggest that the law
enforcement officer willfully filed a false verification
form, the Board shall submit a formal complaint to the
Panel for decertification. An officer who has been
decertified for willfully filing a false verification form
shall not be eligible for reactivation under subsection
(e).
(e) Reactivation. A law enforcement officer who has been
deemed inactive due to noncompliance with the reporting
requirements under paragraph (a)(1) may request to have the
Board re-activate his or her certification upon submitting a
compliance verification form that shows full compliance for the
period in which the law enforcement officer was deemed inactive
due to noncompliance. The Board shall make a determination
regarding a submission under this subsection active no later
than 7 days after the Board determines full compliance or
continued noncompliance.

10100SB1968ham001 - 742 - LRB101 08002 RLC 74920 a
(50 ILCS 705/9) (from Ch. 85, par. 509)
Sec. 9. A special fund is hereby established in the State
Treasury to be known as the Traffic and Criminal Conviction
Surcharge Fund. Moneys in this Fund shall be expended as
follows:
(1) a portion of the total amount deposited in the Fund
may be used, as appropriated by the General Assembly, for
the ordinary and contingent expenses of the Illinois Law
Enforcement Training Standards Board;
(2) a portion of the total amount deposited in the Fund
shall be appropriated for the reimbursement of local
governmental agencies participating in training programs
certified by the Board, in an amount equaling 1/2 of the
total sum paid by such agencies during the State's previous
fiscal year for mandated training for probationary law
enforcement police officers or probationary county
corrections officers and for optional advanced and
specialized law enforcement or county corrections
training; these reimbursements may include the costs for
tuition at training schools, the salaries of trainees while
in schools, and the necessary travel and room and board
expenses for each trainee; if the appropriations under this
paragraph (2) are not sufficient to fully reimburse the
participating local governmental agencies, the available
funds shall be apportioned among such agencies, with
priority first given to repayment of the costs of mandatory

10100SB1968ham001 - 743 - LRB101 08002 RLC 74920 a
training given to law enforcement officer or county
corrections officer recruits, then to repayment of costs of
advanced or specialized training for permanent law
enforcement police officers or permanent county
corrections officers;
(3) a portion of the total amount deposited in the Fund
may be used to fund the Intergovernmental Law Enforcement
Officer's In-Service Training Act, veto overridden October
29, 1981, as now or hereafter amended, at a rate and method
to be determined by the board;
(4) a portion of the Fund also may be used by the
Illinois Department of State Police for expenses incurred
in the training of employees from any State, county or
municipal agency whose function includes enforcement of
criminal or traffic law;
(5) a portion of the Fund may be used by the Board to
fund grant-in-aid programs and services for the training of
employees from any county or municipal agency whose
functions include corrections or the enforcement of
criminal or traffic law;
(6) for fiscal years 2013 through 2017 only, a portion
of the Fund also may be used by the Department of State
Police to finance any of its lawful purposes or functions;
(7) a portion of the Fund may be used by the Board,
subject to appropriation, to administer grants to local law
enforcement agencies for the purpose of purchasing

10100SB1968ham001 - 744 - LRB101 08002 RLC 74920 a
bulletproof vests under the Law Enforcement Officer
Bulletproof Vest Act; and
(8) a portion of the Fund may be used by the Board to
create a law enforcement grant program available for units
of local government to fund crime prevention programs,
training, and interdiction efforts, including enforcement
and prevention efforts, relating to the illegal cannabis
market and driving under the influence of cannabis.
All payments from the Traffic and Criminal Conviction
Surcharge Fund shall be made each year from moneys appropriated
for the purposes specified in this Section. No more than 50% of
any appropriation under this Act shall be spent in any city
having a population of more than 500,000. The State Comptroller
and the State Treasurer shall from time to time, at the
direction of the Governor, transfer from the Traffic and
Criminal Conviction Surcharge Fund to the General Revenue Fund
in the State Treasury such amounts as the Governor determines
are in excess of the amounts required to meet the obligations
of the Traffic and Criminal Conviction Surcharge Fund.
(Source: P.A. 100-987, eff. 7-1-19; 101-27, eff. 6-25-19.)
(50 ILCS 705/9.2 new)
Sec. 9.2. Officer professional conduct database;
Transparency.
(a) All governmental agencies and the Illinois State Police
shall notify the Board of any final determination of a willful

10100SB1968ham001 - 745 - LRB101 08002 RLC 74920 a
violation of department, agency, or the Illinois State Police
policy, official misconduct, or violation of law within 10 days
when:
(1) the determination leads to a suspension of at least
10 days;
(2) any infraction that would trigger an official or
formal investigation under a governmental agency or the
Illinois State Police policy;
(3) there is an allegation of misconduct or regarding
truthfulness as to a material fact, bias, or integrity; or
(4) the officer resigns or retires during the course of
an investigation and the officer has been served notice
that the officer is under investigation.
Agencies and the Illinois State Police may report to the
Board any conduct they deem appropriate to disseminate to
another governmental agency regarding a law enforcement
officer.
The agency or the Illinois State Police shall report to the
Board within 10 days of a final determination and final
exhaustion of any administrative appeal, or the law enforcement
officer's resignation or retirement, and shall provide
information regarding the nature of the violation. This
notification shall not necessarily trigger certification
review.
A governmental agency and the Illinois State Police shall
be immune from liability for a disclosure made as described in

10100SB1968ham001 - 746 - LRB101 08002 RLC 74920 a
this subsection, unless the disclosure would constitute
intentional misrepresentation or gross negligence.
(b) Upon receiving notification from a governmental agency
or the Illinois State Police, the Board must notify the law
enforcement officer of the report and the officer's right to
provide a statement regarding the reported violation.
(c) The Board shall maintain a database readily available
to any chief administrative officer, or the officer's designee,
of a governmental agency and the Illinois State Police that
shall show for each law enforcement officer: (i) dates of
certification, decertification, and inactive status; (ii) each
sustained instance of departmental misconduct that lead to a
suspension at least 10 days or any infraction that would
trigger an official or formal investigation under the
governmental agency policy, any allegation of misconduct
regarding truthfulness as to a material fact, bias, or
integrity, or any other reported violation, the nature of the
violation, the reason for the final decision of discharge or
dismissal, and any statement provided by the officer; (iii)
date of separation from employment from any local or state
governmental agency; (iv) the reason for separation from
employment, including, but not limited to: whether the
separation was based on misconduct or occurred while the local
or State governmental agency was conducting an investigation of
the certified individual for a violation of an employing
agency's rules, policy or procedure or other misconduct or

10100SB1968ham001 - 747 - LRB101 08002 RLC 74920 a
improper action.
(1) This database shall also be accessible to the
State's Attorney of any county in this State and the
Attorney General for the purpose of complying with
obligations under Brady v. Maryland (373 U.S. 83) or Giglio
v. United States (405 U.S. 150). This database shall also
be accessible to the chief administrative officer of any
governmental agency for the purposes of hiring law
enforcement officers. This database shall not be
accessible to anyone not listed in this subsection.
(2) Before a governmental agency may appoint a law
enforcement officer or a person seeking a certification as
a law enforcement officer in this State, the chief
administrative officer or designee must check the Officer
Professional Conduct Database, contact each person's
previous law enforcement employers, and document the
contact. This documentation must be available for review by
the Board for a minimum of five years after the law
enforcement officer's termination, retirement, resignation
or separation with that agency.
(3) The database, documents, materials, or other
information in the possession or control of the Board that
are obtained by or disclosed to the Board under this
subsection shall be confidential by law and privileged,
shall not be subject to subpoena, and shall not be subject
to discovery or admissible in evidence in any private civil

10100SB1968ham001 - 748 - LRB101 08002 RLC 74920 a
action. However, the Board is authorized to use such
documents, materials, or other information in furtherance
of any regulatory or legal action brought as part of the
Board's official duties. Unless otherwise required by law,
the Board shall not disclose the database or make such
documents, materials, or other information public without
the prior written consent of the governmental agency and
the law enforcement officer. Neither the Board nor any
person who received documents, materials or other
information shared under this subsection shall be required
to testify in any private civil action concerning the
database or any confidential documents, materials, or
information subject to this subsection.
Nothing in this Section shall exempt a governmental agency
from disclosing public records in accordance with the Freedom
of Information Act.
(d) The Board shall maintain a searchable database of law
enforcement officers accessible to the public that shall
include: (i) the law enforcement officer's local or state
governmental agency; (ii) the date of the officer's initial
certification and the officer's current certification status;
and (iii) any sustained complaint of misconduct that resulted
in decertification and the date thereof; provided, however,
that information shall not be included in the database that
would allow the public to ascertain the home address of an
officer or another person; provided further, that information

10100SB1968ham001 - 749 - LRB101 08002 RLC 74920 a
regarding an officer's or another person's family member shall
not be included in the database. The Board shall make the
database publicly available on its website.
(e) The Board shall maintain a searchable database of all
completed investigations against law enforcement officers
related to decertification. The database shall identify each
law enforcement officer by a confidential and anonymous number
and include: (i) the law enforcement officer's local or state
governmental agency; (ii) the date of the incident referenced
in the complaint; (iii) the location of the incident; (iv) the
race and ethnicity of each officer involved in the incident;
(v) the age, gender, race and ethnicity of each person involved
in the incident, if known; (vi) whether a person in the
complaint, including a law enforcement officer, was injured,
received emergency medical care, was hospitalized or died as a
result of the incident; (vii) the governmental agency or other
entity assigned to conduct an investigation of the incident;
(viii) when the investigation was completed; (ix) whether the
complaint was sustained; and (x) the type of misconduct
investigated; provided, however, that the Board shall redact or
withhold such information as necessary to prevent the
disclosure of the identity of an officer. The Board shall make
the database publicly available on its website.
(e-1) An investigation is complete when the investigation
has either been terminated or the decertification action,
including the administrative review process, has been

10100SB1968ham001 - 750 - LRB101 08002 RLC 74920 a
completed, whichever is later.
(f) Annual report. The Board shall submit an annual report
to the Governor, Attorney General, President and Minority
Leader of the Senate, and the Speaker and Minority Leader of
the House of Representatives beginning on March 1, 2023, and
every year thereafter indicating:
(1) the number of complaints received in the preceding
calendar year, including but not limited to the race,
gender, and type of complaints received;
(2) the number of investigations initiated in the
preceding calendar year since the date of the last report;
(3) the number of investigations concluded in the
preceding calendar year;
(4) the number of investigations pending as of the
reporting date;
(5) the number of hearings held in the preceding
calendar year; and
(6) the number of officers decertified in the preceding
calendar year.
(50 ILCS 705/10) (from Ch. 85, par. 510)
Sec. 10. The Board may make, amend and rescind such rules
and regulations as may be necessary to carry out the provisions
of this Act, including those relating to the annual
certification of retired law enforcement officers qualified
under federal law to carry a concealed weapon. A copy of all

10100SB1968ham001 - 751 - LRB101 08002 RLC 74920 a
rules and regulations and amendments or rescissions thereof
shall be filed with the Secretary of State within a reasonable
time after their adoption. The schools certified by the Board
and participating in the training program may dismiss from the
school any trainee prior to the officer's his completion of the
course, if in the opinion of the person in charge of the
training school, the trainee is unable or unwilling to
satisfactorily complete the prescribed course of training.
The Board shall adopt emergency rules to administer this
Act in accordance with Section 5-45 of the Illinois
Administrative Procedure Act. For the purposes of the Illinois
Administrative Procedure Act, the General Assembly finds that
the adoption of rules to implement this Act is deemed an
emergency and necessary to the public interest, safety, and
welfare.
(Source: P.A. 94-103, eff. 7-1-05.)
(50 ILCS 705/10.1) (from Ch. 85, par. 510.1)
Sec. 10.1. Additional training programs. The Board shall
initiate, administer, and conduct training programs for
permanent law enforcement police officers and permanent county
corrections officers in addition to the basic recruit training
program. The Board may initiate, administer, and conduct
training programs for part-time law enforcement police
officers in addition to the basic part-time law enforcement
police training course. The training for permanent and

10100SB1968ham001 - 752 - LRB101 08002 RLC 74920 a
part-time law enforcement police officers and permanent county
corrections officers may be given in any schools selected by
the Board. Such training may include all or any part of the
subjects enumerated in Section 7 of this Act.
The corporate authorities of all participating local
governmental agencies may elect to participate in the advanced
training for permanent and part-time law enforcement police
officers and permanent county corrections officers but
nonparticipation in this program shall not in any way affect
the mandatory responsibility of governmental units to
participate in the basic recruit training programs for
probationary full-time and part-time law enforcement police
and permanent county corrections officers. The failure of any
permanent or part-time law enforcement police officer or
permanent county corrections officer to successfully complete
any course authorized under this Section shall not affect the
officer's status as a member of the police department or county
sheriff's office of any local governmental agency.
The Board may initiate, administer, and conduct training
programs for clerks of circuit courts. Those training programs,
at the Board's discretion, may be the same or variations of
training programs for law enforcement officers.
The Board shall initiate, administer, and conduct a
training program regarding the set up and operation of portable
scales for all municipal and county police officers,
technicians, and employees who set up and operate portable

10100SB1968ham001 - 753 - LRB101 08002 RLC 74920 a
scales. This training program must include classroom and field
training.
(Source: P.A. 90-271, eff. 7-30-97, 91-129, eff. 7-16-99.)
(50 ILCS 705/10.2)
Sec. 10.2. Criminal background investigations.
(a) On and after March 14, 2002 (the effective date of
Public Act 92-533) this amendatory Act of the 92nd General
Assembly, an applicant for employment as a peace officer, or
for annual certification as a retired law enforcement officer
qualified under federal law to carry a concealed weapon, shall
authorize an investigation to determine if the applicant has
been convicted of, or entered a plea of guilty to, any criminal
offense that disqualifies the person as a peace officer.
(b) No governmental law enforcement agency may knowingly
employ a person, or certify a retired law enforcement officer
qualified under federal law to carry a concealed weapon, unless
(i) a criminal background investigation of that person has been
completed and (ii) that investigation reveals no convictions of
or pleas of guilty to of offenses specified in subsection (a)
of Section 6.1 of this Act.
(Source: P.A. 101-187, eff. 1-1-20; revised 9-23-19.)
(50 ILCS 705/10.3)
Sec. 10.3. Training of law enforcement police officers to
conduct electronic interrogations.

10100SB1968ham001 - 754 - LRB101 08002 RLC 74920 a
(a) From appropriations made to it for that purpose, the
Board shall initiate, administer, and conduct training
programs for permanent law enforcement police officers,
part-time law enforcement police officers, and recruits on the
methods and technical aspects of conducting electronic
recordings of interrogations.
(b) Subject to appropriation, the Board shall develop
technical guidelines for the mandated recording of custodial
interrogations in all homicide investigations by law
enforcement agencies. These guidelines shall be developed in
conjunction with law enforcement agencies and technology
accreditation groups to provide guidance for law enforcement
agencies in implementing the mandated recording of custodial
interrogations in all homicide investigations.
(Source: P.A. 95-688, eff. 10-23-07.)
(50 ILCS 705/10.7)
Sec. 10.7. Mandatory training; police chief and deputy
police chief. Each police chief and deputy police chief shall
obtain at least 20 hours of training each year. The training
must be approved by the Illinois Law Enforcement Training and
Standards Board and must be related to law enforcement,
management or executive development, or ethics. This
requirement may be satisfied by attending any training portion
of a conference held by an association that represents chiefs
of police that has been approved by the Illinois Law

10100SB1968ham001 - 755 - LRB101 08002 RLC 74920 a
Enforcement Training and Standards Board. Any police chief and
any deputy police chief, upon presentation of a certificate of
completion from the person or entity conducting the training,
shall be reimbursed by the municipality in accordance with the
municipal policy regulating the terms of reimbursement, for the
officer's his or her reasonable expenses in obtaining the
training required under this Section. No police chief or deputy
police chief may attend any recognized training offering
without the prior approval of the officer's his or her
municipal mayor, manager, or immediate supervisor.
This Section does not apply to the City of Chicago or the
Sheriff's Police Department in Cook County.
(Source: P.A. 94-354, eff. 1-1-06; revised 11-16-20.)
(50 ILCS 705/10.11)
Sec. 10.11. Training; death and homicide investigation.
The Illinois Law Enforcement Training and Standards Board shall
conduct or approve a training program in death and homicide
investigation for the training of law enforcement officers of
local government agencies. Only law enforcement officers who
successfully complete the training program may be assigned as
lead investigators in death and homicide investigations.
Satisfactory completion of the training program shall be
evidenced by a certificate issued to the law enforcement
officer by the Illinois Law Enforcement Training and Standards
Board.

10100SB1968ham001 - 756 - LRB101 08002 RLC 74920 a
The Illinois Law Enforcement Training and Standards Board
shall develop a process for waiver applications sent by a local
governmental law enforcement agency administrator for those
officers whose prior training and experience as homicide
investigators may qualify them for a waiver. The Board may
issue a waiver at its discretion, based solely on the prior
training and experience of an officer as a homicide
investigator. This Section does not affect or impede the powers
of the office of the coroner to investigate all deaths as
provided in Division 3-3 of the Counties Code and the Coroner
Training Board Act.
(Source: P.A. 99-408, eff. 1-1-16; revised 11-16-20.)
(50 ILCS 705/10.12)
Sec. 10.12. Police dog training standards. All police dogs
used by State and local governmental law enforcement agencies
for drug enforcement purposes pursuant to the Cannabis Control
Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act shall be
trained by programs that meet the minimum certification
requirements set by the Board.
(Source: P.A. 101-27, eff. 6-25-19.)
(50 ILCS 705/10.13)
Sec. 10.13. Training; Post-Traumatic Stress Disorder
(PTSD). The Illinois Law Enforcement Training Standards Board

10100SB1968ham001 - 757 - LRB101 08002 RLC 74920 a
shall conduct or approve a training program in Post-Traumatic
Stress Disorder (PTSD) for law enforcement officers of local
governmental government agencies. The purpose of that training
shall be to equip law enforcement officers of local
governmental government agencies to identify the symptoms of
PTSD and to respond appropriately to individuals exhibiting
those symptoms.
(Source: P.A. 97-1040, eff. 1-1-13.)
(50 ILCS 705/10.16)
Sec. 10.16. Veterans' awareness. The Illinois Law
Enforcement Training Standards Board may conduct or approve a
training program in veterans' awareness for law enforcement
officers of local government agencies. The program shall train
law enforcement officers to identify issues relating to
veterans and provide guidelines dictating how law enforcement
officers should respond to and address such issues. Each local
governmental government agency is encouraged to designate an
individual to respond to veterans' issues.
(Source: P.A. 98-960, eff. 1-1-15.)
(50 ILCS 705/10.18)
Sec. 10.18. Training; administration of opioid
antagonists. The Board shall conduct or approve an in-service
training program for law enforcement police officers in the
administration of opioid antagonists as defined in paragraph

10100SB1968ham001 - 758 - LRB101 08002 RLC 74920 a
(1) of subsection (e) of Section 5-23 of the Substance Use
Disorder Act that is in accordance with that Section. As used
in this Section, the term "law enforcement police officers"
includes full-time or part-time probationary law enforcement
police officers, permanent or part-time law enforcement police
officers, law enforcement officers, recruits, permanent or
probationary county corrections officers, permanent or
probationary county security officers, and court security
officers. The term does not include auxiliary police officers
as defined in Section 3.1-30-20 of the Illinois Municipal Code.
(Source: P.A. 99-480, eff. 9-9-15; 99-642, eff. 7-28-16;
100-759, eff. 1-1-19.)
(50 ILCS 705/10.19)
Sec. 10.19. Training; administration of epinephrine.
(a) This Section, along with Section 40 of the State Police
Act, may be referred to as the Annie LeGere Law.
(b) For purposes of this Section, "epinephrine
auto-injector" means a single-use device used for the automatic
injection of a pre-measured dose of epinephrine into the human
body prescribed in the name of a local governmental agency.
(c) The Board shall conduct or approve an optional advanced
training program for law enforcement police officers to
recognize and respond to anaphylaxis, including the
administration of an epinephrine auto-injector. The training
must include, but is not limited to:

10100SB1968ham001 - 759 - LRB101 08002 RLC 74920 a
(1) how to recognize symptoms of an allergic reaction;
(2) how to respond to an emergency involving an
allergic reaction;
(3) how to administer an epinephrine auto-injector;
(4) how to respond to an individual with a known
allergy as well as an individual with a previously unknown
allergy;
(5) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine auto-injector; and
(6) other criteria as determined in rules adopted by
the Board.
(d) A local governmental agency may authorize a law
enforcement police officer who has completed an optional
advanced training program under subsection (c) to carry,
administer, or assist with the administration of epinephrine
auto-injectors provided by the local governmental agency
whenever the officer he or she is performing official duties.
(e) A local governmental agency that authorizes its
officers to carry and administer epinephrine auto-injectors
under subsection (d) must establish a policy to control the
acquisition, storage, transportation, administration, and
disposal of epinephrine auto-injectors and to provide
continued training in the administration of epinephrine
auto-injectors.
(f) A physician, physician's assistant with prescriptive

10100SB1968ham001 - 760 - LRB101 08002 RLC 74920 a
authority, or advanced practice registered nurse with
prescriptive authority may provide a standing protocol or
prescription for epinephrine auto-injectors in the name of a
local governmental agency to be maintained for use when
necessary.
(g) When a law enforcement police officer administers an
epinephrine auto-injector in good faith, the law enforcement
police officer and local governmental agency, and its employees
and agents, including a physician, physician's assistant with
prescriptive authority, or advanced practice registered nurse
with prescriptive authority who provides a standing order or
prescription for an epinephrine auto-injector, incur no civil
or professional liability, except for willful and wanton
conduct, or as a result of any injury or death arising from the
use of an epinephrine auto-injector.
(Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17;
100-648, eff. 7-31-18.)
(50 ILCS 705/10.20)
Sec. 10.20. Disposal of medications. The Board shall
develop rules and minimum standards for local governmental
agencies that authorize law enforcement police officers to
dispose of unused medications under Section 18 of the Safe
Pharmaceutical Disposal Act.
(Source: P.A. 99-648, eff. 1-1-17; 100-201, eff. 8-18-17.)

10100SB1968ham001 - 761 - LRB101 08002 RLC 74920 a
(50 ILCS 705/10.22)
Sec. 10.22. School resource officers.
(a) The Board shall develop or approve a course for school
resource officers as defined in Section 10-20.68 of the School
Code.
(b) The school resource officer course shall be developed
within one year after January 1, 2019 (the effective date of
Public Act 100-984) and shall be created in consultation with
organizations demonstrating expertise and or experience in the
areas of youth and adolescent developmental issues,
educational administrative issues, prevention of child abuse
and exploitation, youth mental health treatment, and juvenile
advocacy.
(c) The Board shall develop a process allowing law
enforcement agencies to request a waiver of this training
requirement for any specific individual assigned as a school
resource officer. Applications for these waivers may be
submitted by a local governmental law enforcement agency chief
administrator for any officer whose prior training and
experience may qualify for a waiver of the training requirement
of this subsection (c). The Board may issue a waiver at its
discretion, based solely on the prior training and experience
of an officer.
(d) Upon completion, the employing agency shall be issued a
certificate attesting to a specific officer's completion of the
school resource officer training. Additionally, a letter of

10100SB1968ham001 - 762 - LRB101 08002 RLC 74920 a
approval shall be issued to the employing agency for any
officer who is approved for a training waiver under this
subsection (d).
(Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19.)
(50 ILCS 705/13 new)
Sec. 13. Admissibility. Notwithstanding any other law or
rule of evidence, the fact that a certificate was issued,
denied, or revoked by the Board, is admissible in a judicial or
administrative proceeding as prima facie evidence of any facts
stated.
(50 ILCS 705/6.2 rep.)
(50 ILCS 705/9.1 rep.)
(50 ILCS 705/10.5 rep.)
Section 25-45. The Illinois Police Training Act is amended
by repealing Sections 6.2, 9.1, and 10.5.
Section 25-50. The Counties Code is amended by changing
Section 3-6001.5 as follows:
(55 ILCS 5/3-6001.5)
Sec. 3-6001.5. Sheriff qualifications. A On or after the
effective date of this amendatory Act of the 98th General
Assembly, except as otherwise provided in this Section, a
person is not eligible to be elected or appointed to the office

10100SB1968ham001 - 763 - LRB101 08002 RLC 74920 a
of sheriff, unless that person meets all of the following
requirements:
(1) Is a United States citizen.
(2) Has been a resident of the county for at least one
year.
(3) Is not a convicted felon.
(4) Has a certificate attesting to his or her
successful completion of the Minimum Standards Basic Law
Enforcement Officers Training Course as prescribed by the
Illinois Law Enforcement Training Standards Board or a
substantially similar training program of another state or
the federal government. This paragraph does not apply to a
sheriff currently serving on the effective date of this
amendatory Act of the 101st General Assembly.
(Source: P.A. 98-115, eff. 7-29-13.)
Article 99.
General Provisions
Section 99-995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that text
does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.

10100SB1968ham001 - 764 - LRB101 08002 RLC 74920 a
Section 99-997. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
Section 99-999. Effective date. This Act takes effect July
1, 2021, except that Article 25 takes effect January 1, 2022,
Sections 10-105, 10-110, 10-115, 10-120, 10-140, 10-155,
10-160, 10-175, 10-180, 10-185, 10-190, 10-195, 10-200,
10-205, 10-210, 10-215, 10-255, 10-265, 10-270, 10-275,
10-280, 10-285, 10-290, 10-295, 10-300, 10-305, 10-310,
10-315, 10-320, and 10-325 take effect January 1, 2023, and
Article 2 takes effect January 1, 2025.".