Bill Text: IL HB1095 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Makes changes to various provisions amended by Public Act 101-652, concerning pretrial release. Amends the State Finance Act. Establishes the Public Defender Fund as a special fund in the State treasury. Requires money in the Public Defender Fund to be used, subject to appropriation, to provide funding to counties for public defenders and public defender services. Amends the Counties Code. Requires the Administrative Office of the Illinois Courts, subject to appropriation, to establish a grant program for counties for the purpose of training and hiring attorneys on contract to assist the county public defender in pretrial detention hearings. Authorizes the Administrative Office of the Illinois Courts to adopt emergency rules to implement the grant program. Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that "community caretaking function" excludes law enforcement-related encounters or activities. Provides that "law enforcement-related encounter or activities" does not include when the officer is participating in training in a classroom setting or officers while not performing any other law enforcement-related activity. Amends the Law Enforcement Camera Grant Act. Provides that the Illinois Law Enforcement Training Standards Board must make grants to units of local government in Illinois and Illinois public universities for the purpose of purchasing officer-worn body cameras and associated technology for law enforcement officers, including covering associated data storage costs. Makes conforming and other changes in the Code of Criminal Procedure of 1963, the Rights of Crime Victims and Witnesses Act, and the Unified Code of Corrections. Effective January 1, 2023, except that some provisions are effective immediately.

Spectrum: Partisan Bill (Democrat 45-0)

Status: (Passed) 2022-12-06 - Public Act . . . . . . . . . 102-1104 [HB1095 Detail]

Download: Illinois-2021-HB1095-Chaptered.html

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Public Act 102-1104
HB1095 Enrolled LRB102 03109 RLC 13122 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Illinois Administrative Procedure Act is
amended by adding Section 5-45.35 as follows:
(5 ILCS 100/5-45.35 new)
Sec. 5-45.35. Emergency rulemaking; public defender grant
program. To provide for the expeditious and timely
implementation of Section 3-4014 of the Counties Code,
emergency rules implementing the public defender grant program
established under that Section may be adopted in accordance
with Section 5-45 by the Administrative Office of the Illinois
Courts. The adoption of emergency rules authorized by Section
5-45 and this Section is deemed to be necessary for the public
interest, safety, and welfare.
This Section is repealed one year after the effective date
of this amendatory Act of the 102nd General Assembly.
Section 5. The Freedom of Information Act is amended by
changing Section 2.15 as follows:
(5 ILCS 140/2.15)
(Text of Section before amendment by P.A. 101-652)

Sec. 2.15. Arrest reports and criminal history records.
(a) Arrest reports. The following chronologically
maintained arrest and criminal history information maintained
by State or local criminal justice agencies shall be furnished
as soon as practical, but in no event later than 72 hours after
the arrest, notwithstanding the time limits otherwise provided
for in Section 3 of this Act: (i) information that identifies
the individual, including the name, age, address, and
photograph, when and if available; (ii) information detailing
any charges relating to the arrest; (iii) the time and
location of the arrest; (iv) the name of the investigating or
arresting law enforcement agency; (v) if the individual is
incarcerated, the amount of any bail or bond; and (vi) if the
individual is incarcerated, the time and date that the
individual was received into, discharged from, or transferred
from the arresting agency's custody.
(b) Criminal history records. The following documents
maintained by a public body pertaining to criminal history
record information are public records subject to inspection
and copying by the public pursuant to this Act: (i) court
records that are public; (ii) records that are otherwise
available under State or local law; and (iii) records in which
the requesting party is the individual identified, except as
provided under Section 7(1)(d)(vi).
(c) Information described in items (iii) through (vi) of
subsection (a) may be withheld if it is determined that

disclosure would: (i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings conducted
by any law enforcement agency; (ii) endanger the life or
physical safety of law enforcement or correctional personnel
or any other person; or (iii) compromise the security of any
correctional facility.
(d) The provisions of this Section do not supersede the
confidentiality provisions for law enforcement or arrest
records of the Juvenile Court Act of 1987.
(e) Notwithstanding the requirements of subsection (a), a
law enforcement agency may not publish booking photographs,
commonly known as "mugshots", on its social networking website
in connection with civil offenses, petty offenses, business
offenses, Class C misdemeanors, and Class B misdemeanors
unless the booking photograph is posted to the social
networking website to assist in the search for a missing
person or to assist in the search for a fugitive, person of
interest, or individual wanted in relation to a crime other
than a petty offense, business offense, Class C misdemeanor,
or Class B misdemeanor. As used in this subsection, "social
networking website" has the meaning provided in Section 10 of
the Right to Privacy in the Workplace Act.
(Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19.)
(Text of Section after amendment by P.A. 101-652)
Sec. 2.15. Arrest reports and criminal history records.

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

reasonably contemplated law enforcement proceedings conducted
by any law enforcement agency; (ii) endanger the life or
physical safety of law enforcement or correctional personnel
or any other person; or (iii) compromise the security of any
correctional facility.
(d) The provisions of this Section do not supersede the
confidentiality provisions for law enforcement or arrest
records of the Juvenile Court Act of 1987.
(e) Notwithstanding the requirements of subsection (a), a
law enforcement agency may not publish booking photographs,
commonly known as "mugshots", on its social networking website
in connection with civil offenses, petty offenses, business
offenses, Class C misdemeanors, and Class B misdemeanors
unless the booking photograph is posted to the social
networking website to assist in the search for a missing
person or to assist in the search for a fugitive, person of
interest, or individual wanted in relation to a crime other
than a petty offense, business offense, Class C misdemeanor,
or Class B misdemeanor. As used in this subsection, "social
networking website" has the meaning provided in Section 10 of
the Right to Privacy in the Workplace Act.
(Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19;
101-652, eff. 1-1-23.)
Section 10. The State Records Act is amended by changing
Section 4a as follows:

(5 ILCS 160/4a)
(Text of Section before amendment by P.A. 101-652)
Sec. 4a. Arrest records and reports.
(a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
(1) Information that identifies the individual,
including the name, age, address, and photograph, when and
if available.
(2) Information detailing any charges relating to the
arrest.
(3) The time and location of the arrest.
(4) The name of the investigating or arresting law
enforcement agency.
(5) If the individual is incarcerated, the amount of
any bail or bond.
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or
transferred from the arresting agency's custody.
(b) The information required by this Section must be made
available to the news media for inspection and copying as soon
as practicable, but in no event shall the time period exceed 72
hours from the arrest. The information described in paragraphs
(3), (4), (5), and (6) of subsection (a), however, may be
withheld if it is determined that disclosure would:

(1) interfere with pending or actually and reasonably
contemplated law enforcement proceedings conducted by any
law enforcement or correctional agency;
(2) endanger the life or physical safety of law
enforcement or correctional personnel or any other person;
or
(3) compromise the security of any correctional
facility.
(c) For the purposes of this Section, the term "news
media" means personnel of a newspaper or other periodical
issued at regular intervals whether in print or electronic
format, a news service whether in print or electronic format,
a radio station, a television station, a television network, a
community antenna television service, or a person or
corporation engaged in making news reels or other motion
picture news for public showing.
(d) Each law enforcement or correctional agency may charge
fees for arrest records, but in no instance may the fee exceed
the actual cost of copying and reproduction. The fees may not
include the cost of the labor used to reproduce the arrest
record.
(e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(f) All information, including photographs, made available
under this Section is subject to the provisions of Section

2QQQ of the Consumer Fraud and Deceptive Business Practices
Act.
(g) Notwithstanding the requirements of subsection (a), a
law enforcement agency may not publish booking photographs,
commonly known as "mugshots", on its social networking website
in connection with civil offenses, petty offenses, business
offenses, Class C misdemeanors, and Class B misdemeanors
unless the booking photograph is posted to the social
networking website to assist in the search for a missing
person or to assist in the search for a fugitive, person of
interest, or individual wanted in relation to a crime other
than a petty offense, business offense, Class C misdemeanor,
or Class B misdemeanor. As used in this subsection, "social
networking website" has the meaning provided in Section 10 of
the Right to Privacy in the Workplace Act.
(Source: P.A. 101-433, eff. 8-20-19.)
(Text of Section after amendment by P.A. 101-652)
Sec. 4a. Arrest records and reports.
(a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
(1) Information that identifies the individual,
including the name, age, address, and photograph, when and
if available.
(2) Information detailing any charges relating to the

arrest.
(3) The time and location of the arrest.
(4) The name of the investigating or arresting law
enforcement agency.
(5) (Blank). If the individual is incarcerated, the
conditions of pretrial release.
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or
transferred from the arresting agency's custody.
(b) The information required by this Section must be made
available to the news media for inspection and copying as soon
as practicable, but in no event shall the time period exceed 72
hours from the arrest. The information described in paragraphs
(3), (4), (5), and (6) of subsection (a), however, may be
withheld if it is determined that disclosure would:
(1) interfere with pending or actually and reasonably
contemplated law enforcement proceedings conducted by any
law enforcement or correctional agency;
(2) endanger the life or physical safety of law
enforcement or correctional personnel or any other person;
or
(3) compromise the security of any correctional
facility.
(c) For the purposes of this Section, the term "news
media" means personnel of a newspaper or other periodical
issued at regular intervals whether in print or electronic

format, a news service whether in print or electronic format,
a radio station, a television station, a television network, a
community antenna television service, or a person or
corporation engaged in making news reels or other motion
picture news for public showing.
(d) Each law enforcement or correctional agency may charge
fees for arrest records, but in no instance may the fee exceed
the actual cost of copying and reproduction. The fees may not
include the cost of the labor used to reproduce the arrest
record.
(e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(f) All information, including photographs, made available
under this Section is subject to the provisions of Section
2QQQ of the Consumer Fraud and Deceptive Business Practices
Act.
(g) Notwithstanding the requirements of subsection (a), a
law enforcement agency may not publish booking photographs,
commonly known as "mugshots", on its social networking website
in connection with civil offenses, petty offenses, business
offenses, Class C misdemeanors, and Class B misdemeanors
unless the booking photograph is posted to the social
networking website to assist in the search for a missing
person or to assist in the search for a fugitive, person of
interest, or individual wanted in relation to a crime other

than a petty offense, business offense, Class C misdemeanor,
or Class B misdemeanor. As used in this subsection, "social
networking website" has the meaning provided in Section 10 of
the Right to Privacy in the Workplace Act.
(Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23.)
Section 15. The Illinois 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)
(Text of Section before amendment by P.A. 101-652)
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 amount of
any bail or bond.

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

include the cost of the labor used to reproduce the arrest
record.
(e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
incorporates 92-335, eff. 8-10-01; 92-651, eff. 7-11-02.)
(Text of Section after amendment by P.A. 101-652)
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) (Blank). If the individual is incarcerated, the
conditions of pretrial release.
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or
transferred from the arresting agency's custody.

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

confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(Source: P.A. 101-652, eff. 1-1-23.)
Section 20. The Illinois Criminal Justice Information Act
is amended by changing Section 7.7 as follows:
(20 ILCS 3930/7.7)
Sec. 7.7. Pretrial data collection.
(a) The Administrative Director of the Administrative
Office 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, prosecutors' State's Attorneys'
offices, public defenders' offices and other applicable
criminal justice system agencies;
(3) identify resources necessary to systematically
collect and report data related to the topics listed in
subsection (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 July 1, 2021
(the effective date of Public Act 101-652). 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 July 1, 2021 (the effective date of
Public Act 101-652):
(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, and, beginning January 1,
2023, information comparing detention hearing outcomes
when the hearing is held in person and by two-way
audio-visual communication;
(3) information regarding persons detained in the
county jail pretrial, including, but not limited to, the
number of persons detained in the jail pretrial and the
number detained in the jail for other reasons, the
demographics of the pretrial jail population, race, sex,
sexual orientation, gender identity, age, and ethnicity,
the charges including on which pretrial defendants are
detained, the average length of stay of pretrial
defendants;
(4) information regarding persons placed on electronic
monitoring programs pretrial, including, but not limited
to, the number of participants, the demographics of the
participant population, including race, sex, sexual
orientation, gender identity, age, and ethnicity, the
charges on which participants are ordered to the program,
and the average length of participation in the program;
(5) discharge data regarding persons detained pretrial
in the county jail, including, but not limited to, the
number who are sentenced to the Illinois Department of
Corrections, the number released after being sentenced to

time served, the number who are released on probation,
conditional discharge, or other community supervision, the
number found not guilty, the number whose cases are
dismissed, the number whose cases are dismissed as part of
diversion or deferred prosecution program, and the number
who are released pretrial after a hearing re-examining
their pretrial detention;
(6) information on the pretrial rearrest of
individuals released pretrial, including the number
arrested and charged with a new misdemeanor offense while
released, the number arrested and charged with a new
felony offense while released, and the number arrested and
charged with a new forcible felony offense while released,
and how long after release these arrests occurred;
(7) information on the pretrial failure to appear
rates of individuals released pretrial, including the
number who missed one or more court dates, how many
warrants for failures to appear were issued, and how many
individuals were detained pretrial or placed on electronic
monitoring pretrial after a failure to appear in court;
(8) what, if any, validated pretrial risk assessment
tools are in use in each jurisdiction, and comparisons of
the pretrial release and pretrial detention decisions of
judges as compared to and the risk assessment scores of
individuals; and
(9) any other information the Pretrial Practices Data

Oversight Board considers important and probative of the
effectiveness of pretrial practices in the State of
Illinois.
(d) Circuit clerks' offices, sheriff's departments, law
enforcement agencies, jails, pretrial departments, probation
department, State's Attorneys' offices, public defenders'
offices and other applicable criminal justice system agencies
are mandated to provide data to the Administrative Office of
the Illinois Courts as described in subsection (c).
(Source: P.A. 101-652, eff. 7-1-21; 102-813, eff. 5-13-22.)
Section 22. The State Finance Act is amended by adding
Section 5.990 as follows:
(30 ILCS 105/5.990 new)
Sec. 5.990. The Public Defender Fund.
Section 25. The Local Records Act is amended by changing
Section 3b as follows:
(50 ILCS 205/3b)
(Text of Section before amendment by P.A. 101-652)
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 amount of
any bail or bond.
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or
transferred from the arresting agency's custody.
(b) The information required by this Section must be made
available to the news media for inspection and copying as soon
as practicable, but in no event shall the time period exceed 72
hours from the arrest. The information described in paragraphs
(3), (4), (5), and (6) of subsection (a), however, may be
withheld if it is determined that disclosure would:
(1) interfere with pending or actually and reasonably
contemplated law enforcement proceedings conducted by any
law enforcement or correctional agency;
(2) endanger the life or physical safety of law
enforcement or correctional personnel or any other person;
or
(3) compromise the security of any correctional

facility.
(c) For the purposes of this Section the term "news media"
means personnel of a newspaper or other periodical issued at
regular intervals whether in print or electronic format, a
news service whether in print or electronic format, a radio
station, a television station, a television network, a
community antenna television service, or a person or
corporation engaged in making news reels or other motion
picture news for public showing.
(d) Each law enforcement or correctional agency may charge
fees for arrest records, but in no instance may the fee exceed
the actual cost of copying and reproduction. The fees may not
include the cost of the labor used to reproduce the arrest
record.
(e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(f) All information, including photographs, made available
under this Section is subject to the provisions of Section
2QQQ of the Consumer Fraud and Deceptive Business Practices
Act.
(Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16.)
(Text of Section after amendment by P.A. 101-652)
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) (Blank). If the individual is incarcerated, the
conditions of pretrial release.
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or
transferred from the arresting agency's custody.
(b) The information required by this Section must be made
available to the news media for inspection and copying as soon
as practicable, but in no event shall the time period exceed 72
hours from the arrest. The information described in paragraphs
(3), (4), (5), and (6) of subsection (a), however, may be
withheld if it is determined that disclosure would:
(1) interfere with pending or actually and reasonably
contemplated law enforcement proceedings conducted by any
law enforcement or correctional agency;
(2) endanger the life or physical safety of law
enforcement or correctional personnel or any other person;

or
(3) compromise the security of any correctional
facility.
(c) For the purposes of this Section the term "news media"
means personnel of a newspaper or other periodical issued at
regular intervals whether in print or electronic format, a
news service whether in print or electronic format, a radio
station, a television station, a television network, a
community antenna television service, or a person or
corporation engaged in making news reels or other motion
picture news for public showing.
(d) Each law enforcement or correctional agency may charge
fees for arrest records, but in no instance may the fee exceed
the actual cost of copying and reproduction. The fees may not
include the cost of the labor used to reproduce the arrest
record.
(e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(f) All information, including photographs, made available
under this Section is subject to the provisions of Section
2QQQ of the Consumer Fraud and Deceptive Business Practices
Act.
(Source: P.A. 101-652, eff. 1-1-23.)
Section 30. The Law Enforcement Officer-Worn Body Camera

Act is amended by changing Sections 10-10, 10-15, 10-20, and
10-25 as follows:
(50 ILCS 706/10-10)
Sec. 10-10. Definitions. As used in this Act:
"Badge" means an officer's department issued
identification number associated with his or her position as a
police officer with that department.
"Board" means the Illinois Law Enforcement Training
Standards Board created by the Illinois Police Training Act.
"Business offense" means a petty offense for which the
fine is in excess of $1,000.
"Community caretaking function" means a task undertaken by
a law enforcement officer in which the officer is performing
an articulable act unrelated to the investigation of a crime.
"Community caretaking function" includes, but is not limited
to, participating in town halls or other community outreach,
helping a child find his or her parents, providing death
notifications, and performing in-home or hospital well-being
checks on the sick, elderly, or persons presumed missing.
"Community caretaking function" excludes law
enforcement-related encounters or activities.
"Fund" means the Law Enforcement Camera Grant Fund.
"In uniform" means a law enforcement officer who is
wearing any officially authorized uniform designated by a law
enforcement agency, or a law enforcement officer who is

visibly wearing articles of clothing, a badge, tactical gear,
gun belt, a patch, or other insignia that he or she is a law
enforcement officer acting in the course of his or her duties.
"Law enforcement officer" or "officer" means any person
employed by a State, county, municipality, special district,
college, unit of government, or any other entity authorized by
law to employ peace officers or exercise police authority and
who is primarily responsible for the prevention or detection
of crime and the enforcement of the laws of this State.
"Law enforcement agency" means all State agencies with law
enforcement officers, county sheriff's offices, municipal,
special district, college, or unit of local government police
departments.
"Law enforcement-related encounters or activities"
include, but are not limited to, traffic stops, pedestrian
stops, arrests, searches, interrogations, investigations,
pursuits, crowd control, traffic control, non-community
caretaking interactions with an individual while on patrol, or
any other instance in which the officer is enforcing the laws
of the municipality, county, or State. "Law
enforcement-related encounter or activities" does not include
when the officer is completing paperwork alone, is
participating in training in a classroom setting, or is only
in the presence of another law enforcement officer.
"Minor traffic offense" means a petty offense, business
offense, or Class C misdemeanor under the Illinois Vehicle

Code or a similar provision of a municipal or local ordinance.
"Officer-worn body camera" means an electronic camera
system for creating, generating, sending, receiving, storing,
displaying, and processing audiovisual recordings that may be
worn about the person of a law enforcement officer.
"Peace officer" has the meaning provided in Section 2-13
of the Criminal Code of 2012.
"Petty offense" means any offense for which a sentence of
imprisonment is not an authorized disposition.
"Recording" means the process of capturing data or
information stored on a recording medium as required under
this Act.
"Recording medium" means any recording medium authorized
by the Board for the retention and playback of recorded audio
and video including, but not limited to, VHS, DVD, hard drive,
cloud storage, solid state, digital, flash memory technology,
or any other electronic medium.
(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
(50 ILCS 706/10-15)
Sec. 10-15. Applicability.
(a) All law enforcement agencies must employ the use of
officer-worn body cameras in accordance with the provisions of
this Act, whether or not the agency receives or has received
monies from the Law Enforcement Camera Grant Fund.
(b) Except as provided in subsection (b-5), all 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 all State agencies with law enforcement
officers and other remaining law enforcement agencies,
body cameras shall be implemented by January 1, 2025.
(b-5) If a law enforcement agency that serves a
municipality with a population of at least 100,000 but not
more than 500,000 or a law enforcement agency that serves a
county with a population of at least 100,000 but not more than
500,000 has ordered by October 1, 2022 or purchased by that
date officer-worn body cameras for use by the law enforcement
agency, then the law enforcement agency may implement the use
of body cameras for all of its law enforcement officers by no
later than July 1, 2023. Records of purchase within this

timeline shall be submitted to the Illinois Law Enforcement
Training Standards Board by January 1, 2023.
(c) A law enforcement agency's compliance with the
requirements under this Section shall receive preference by
the Illinois Law Enforcement Training Standards Board in
awarding grant funding under the Law Enforcement Camera Grant
Act.
(d) This Section does not apply to court security
officers, State's Attorney investigators, and Attorney General
investigators.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
(50 ILCS 706/10-20)
Sec. 10-20. Requirements.
(a) The Board shall develop basic guidelines for the use
of officer-worn body cameras by law enforcement agencies. The
guidelines developed by the Board shall be the basis for the
written policy which must be adopted by each law enforcement
agency which employs the use of officer-worn body cameras. The
written policy adopted by the law enforcement agency must
include, at a minimum, all of the following:
(1) Cameras must be equipped with pre-event recording,
capable of recording at least the 30 seconds prior to
camera activation, unless the officer-worn body camera was
purchased and acquired by the law enforcement agency prior
to July 1, 2015.

(2) Cameras must be capable of recording for a period
of 10 hours or more, unless the officer-worn body camera
was purchased and acquired by the law enforcement agency
prior to July 1, 2015.
(3) Cameras must be turned on at all times when the
officer is in uniform and is responding to calls for
service or engaged in any law enforcement-related
encounter or activity that occurs while the officer is on
duty.
(A) If exigent circumstances exist which prevent
the camera from being turned on, the camera must be
turned on as soon as practicable.
(B) Officer-worn body cameras may be turned off
when the officer is inside of a patrol car which is
equipped with a functioning in-car camera; however,
the officer must turn on the camera upon exiting the
patrol vehicle for law enforcement-related encounters.
(C) Officer-worn body cameras may be turned off
when the officer is inside a correctional facility or
courthouse 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;
(C) the officer is interacting with a confidential
informant used by the law enforcement agency; or
(D) an officer of the Department of Revenue enters
a Department of Revenue facility or conducts an
interview during which return information will be
discussed or visible.
However, an officer may continue to record or resume
recording a victim or a witness, if exigent circumstances
exist, or if the officer has reasonable articulable
suspicion that a victim or witness, or confidential
informant has committed or is in the process of committing
a crime. Under these circumstances, and unless impractical
or impossible, the officer must indicate on the recording
the reason for continuing to record despite the request of
the victim or witness.
(4.5) Cameras may be turned off when the officer is
engaged in community caretaking functions. However, the
camera must be turned on when the officer has reason to
believe that the person on whose behalf the officer is
performing a community caretaking function has committed
or is in the process of committing a crime. If exigent
circumstances exist which prevent the camera from being
turned on, the camera must be turned on as soon as

practicable.
(5) The officer must provide notice of recording to
any person if the person has a reasonable expectation of
privacy and proof of notice must be evident in the
recording. If exigent circumstances exist which prevent
the officer from providing notice, notice must be provided
as soon as practicable.
(6) (A) For the purposes of redaction, labeling, or
duplicating recordings, access to camera recordings shall
be restricted to only those personnel responsible for
those purposes. The recording officer or his or her
supervisor may not redact, label, duplicate, or otherwise
alter the recording officer's camera recordings. Except as
otherwise provided in this Section, the recording officer
and his or her supervisor may access and review recordings
prior to completing incident reports or other
documentation, provided that the supervisor discloses that
fact in the report or documentation.
(i) A law enforcement officer shall not have
access to or review his or her body-worn camera
recordings or the body-worn camera recordings of
another officer prior to completing incident reports
or other documentation when the officer:
(a) has been involved in or is a witness to an
officer-involved shooting, use of deadly force
incident, or use of force incidents resulting in

great bodily harm;
(b) is ordered to write a report in response
to or during the investigation of a misconduct
complaint against the officer.
(ii) If the officer subject to subparagraph (i)
prepares a report, any report shall be prepared
without viewing body-worn camera recordings, and
subject to supervisor's approval, officers may file
amendatory reports after viewing body-worn camera
recordings. Supplemental reports under this provision
shall also contain documentation regarding access to
the video footage.
(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,
except for a non-law enforcement related activity or
encounter, made with an officer-worn body camera be

altered, erased, or destroyed prior to the expiration
of the 90-day storage period. In the event any
recording made with an officer-worn body camera is
altered, erased, or destroyed prior to the expiration
of the 90-day storage period, the law enforcement
agency shall maintain, for a period of one year, a
written record including (i) the name of the
individual who made such alteration, erasure, or
destruction, and (ii) the reason for any such
alteration, erasure, or destruction.
(B) Following the 90-day storage period, any and
all recordings made with an officer-worn body camera
must be destroyed, unless any encounter captured on
the recording has been flagged. An encounter is deemed
to be flagged when:
(i) a formal or informal complaint has been
filed;
(ii) the officer discharged his or her firearm
or used force during the encounter;
(iii) death or great bodily harm occurred to
any person in the recording;
(iv) the encounter resulted in a detention or
an arrest, excluding traffic stops which resulted
in only a minor traffic offense or business
offense;
(v) the officer is the subject of an internal

investigation or otherwise being investigated for
possible misconduct;
(vi) the supervisor of the officer,
prosecutor, defendant, or court determines that
the encounter has evidentiary value in a criminal
prosecution; or
(vii) the recording officer requests that the
video be flagged for official purposes related to
his or her official duties or believes it may have
evidentiary value in a criminal prosecution.
(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.
(D) Nothing in this Act prohibits law enforcement
agencies from labeling officer-worn body camera video
within the recording medium; provided that the
labeling does not alter the actual recording of the
incident captured on the officer-worn body camera. The
labels, titles, and tags shall not be construed as
altering the officer-worn body camera video in any
way.

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

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

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

the request shall be available for inspection or reproduction.
Any recording disclosed under the Freedom of Information Act
shall be redacted to remove identification of any person that
appears on the recording and is not the officer, a subject of
the encounter, or directly involved in the encounter. Nothing
in this subsection (b) shall require the disclosure of any
recording or portion of any recording which would be exempt
from disclosure under the Freedom of Information Act.
(c) Nothing in this Section shall limit access to a camera
recording for the purposes of complying with Supreme Court
rules or the rules of evidence.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
102-687, eff. 12-17-21; 102-694, eff. 1-7-22.)
(50 ILCS 706/10-25)
Sec. 10-25. Reporting.
(a) Each law enforcement agency must provide an annual
report on the use of officer-worn body cameras to the Board, on
or before May 1 of the year. The report shall include:
(1) a brief overview of the makeup of the agency,
including the number of officers utilizing officer-worn
body cameras;
(2) the number of officer-worn body cameras utilized
by the law enforcement agency;
(3) any technical issues with the equipment and how
those issues were remedied;

(4) a brief description of the review process used by
supervisors within the law enforcement agency; ;
(5) (blank); and 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. 101-652, eff. 7-1-21.)
Section 35. The Law Enforcement Camera Grant Act is
amended by changing Section 10 as follows:
(50 ILCS 707/10)
Sec. 10. Law Enforcement Camera Grant Fund; creation,
rules.
(a) The Law Enforcement Camera Grant Fund is created as a
special fund in the State treasury. From appropriations to the
Board from the Fund, the Board must make grants to units of
local government in Illinois and Illinois public universities

for the purpose of (1) purchasing in-car video cameras for use
in law enforcement vehicles, (2) purchasing officer-worn body
cameras and associated technology for law enforcement
officers, and (3) training for law enforcement officers in the
operation of the cameras. Grants under this Section may be
used to offset data storage costs for officer-worn body
cameras.
Moneys received for the purposes of this Section,
including, without limitation, fee receipts and gifts, grants,
and awards from any public or private entity, must be
deposited into the Fund. Any interest earned on moneys in the
Fund must be deposited into the Fund.
(b) The Board may set requirements for the distribution of
grant moneys and determine which law enforcement agencies are
eligible.
(b-5) The Board shall consider compliance with the Uniform
Crime Reporting Act as a factor in awarding grant moneys.
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) (Blank).
(Source: P.A. 102-16, eff. 6-17-21.)
Section 37. The Counties Code is amended by changing

Section 3-4013 and by adding Section 3-4014 as follows:
(55 ILCS 5/3-4013)
(Section scheduled to be repealed on December 31, 2023)
Sec. 3-4013. Public Defender Quality Defense Task Force.
(a) The Public Defender Quality Defense Task Force is
established to: (i) examine the current caseload and determine
the optimal caseload for public defenders in the State; (ii)
examine the quality of legal services being offered to
defendants by public defenders of the State; and (iii) make
recommendations to improve the caseload of public defenders
and quality of legal services offered by public defenders; and
(iv) provide recommendations to the General Assembly and
Governor on legislation to provide for an effective public
defender system throughout the State and encourage the active
and substantial participation of the private bar in the
representation of accused people.
(b) The following members shall be appointed to the Task
Force by the Governor no later than 30 days after the effective
date of this amendatory Act of the 102nd General Assembly:
(1) 2 assistant public defenders from the Office of
the Cook County Public Defender.
(2) 5 public defenders or assistant public defenders
from 5 counties other than Cook County.
(3) One Cook County circuit judge experienced in the
litigation of criminal law matters.

(4) One circuit judge from outside of Cook County
experienced in the litigation of criminal law matters.
(5) One representative from the Office of the State
Appellate Defender.
Task Force members shall serve without compensation but
may be reimbursed for their expenses incurred in performing
their duties. If a vacancy occurs in the Task Force
membership, the vacancy shall be filled in the same manner as
the original appointment for the remainder of the Task Force.
(c) The Task Force shall hold a minimum of 2 public
hearings. At the public hearings, the Task Force shall take
testimony of public defenders, former criminal defendants
represented by public defenders, and any other person the Task
Force believes would aid the Task Force's examination and
recommendations under subsection (a). The Task may meet as
such other times as it deems appropriate.
(d) The Office of the State Appellate Defender shall
provide administrative and other support to the Task Force.
(e) The Task Force shall prepare a report that summarizes
its work and makes recommendations resulting from its study.
The Task Force shall submit the report of its findings and
recommendations to the Governor and the General Assembly no
later than December 31, 2023 2022.
(f) This Section is repealed on December 31, 2024 2023.
(Source: P.A. 102-430, eff. 8-20-21.)

(55 ILCS 5/3-4014 new)
Sec. 3-4014. Public defender grant program.
(a) Subject to appropriation, the Administrative Office of
the Illinois Courts shall establish a grant program for
counties with a population of 3,000,000 or less for the
purpose of training and hiring attorneys on contract to assist
the county public defender in pretrial detention hearings. The
Administrative Office of the Illinois Courts may establish, by
rule, administrative procedures for the grant program,
including application procedures and requirements concerning
grant agreements, certifications, payment methodologies, and
other accountability measures that may be imposed upon
participants in the program. Emergency rules may be adopted to
implement the program in accordance with Section 5-45 of the
Illinois Administrative Procedure Act.
(b) The Public Defender Fund is created as a special fund
in the State treasury. All money in the Public Defender Fund
shall be used, subject to appropriation, to provide funding to
counties for public defenders and public defender services
pursuant to this Section 3-4014.
Section 40. The Campus Security Enhancement Act of 2008 is
amended by changing Section 15 as follows:
(110 ILCS 12/15)
(Text of Section before amendment by P.A. 101-652)

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 amount of
any bail or bond.
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or
transferred from the arresting agency's custody.
(b) The information required by this Section must be made
available to the news media for inspection and copying as soon
as practicable, but in no event shall the time period exceed 72
hours from the arrest. The information described in paragraphs
(3), (4), (5), and (6) of subsection (a), however, may be
withheld if it is determined that disclosure would:
(1) interfere with pending or actually and reasonably
contemplated law enforcement proceedings conducted by any
law enforcement or correctional agency;

(2) endanger the life or physical safety of law
enforcement or correctional personnel or any other person;
or
(3) compromise the security of any correctional
facility.
(c) For the purposes of this Section the term "news media"
means personnel of a newspaper or other periodical issued at
regular intervals whether in print or electronic format, a
news service whether in print or electronic format, a radio
station, a television station, a television network, a
community antenna television service, or a person or
corporation engaged in making news reels or other motion
picture news for public showing.
(d) Each law enforcement or correctional agency may charge
fees for arrest records, but in no instance may the fee exceed
the actual cost of copying and reproduction. The fees may not
include the cost of the labor used to reproduce the arrest
record.
(e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
92-335, eff. 8-10-01.)
(Text of Section after amendment by P.A. 101-652)
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) (Blank). If the individual is incarcerated, the
conditions of pretrial release.
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or
transferred from the arresting agency's custody.
(b) The information required by this Section must be made
available to the news media for inspection and copying as soon
as practicable, but in no event shall the time period exceed 72
hours from the arrest. The information described in paragraphs
(3), (4), (5), and (6) of subsection (a), however, may be
withheld if it is determined that disclosure would:
(1) interfere with pending or actually and reasonably
contemplated law enforcement proceedings conducted by any
law enforcement or correctional agency;
(2) endanger the life or physical safety of law

enforcement or correctional personnel or any other person;
or
(3) compromise the security of any correctional
facility.
(c) For the purposes of this Section the term "news media"
means personnel of a newspaper or other periodical issued at
regular intervals whether in print or electronic format, a
news service whether in print or electronic format, a radio
station, a television station, a television network, a
community antenna television service, or a person or
corporation engaged in making news reels or other motion
picture news for public showing.
(d) Each law enforcement or correctional agency may charge
fees for arrest records, but in no instance may the fee exceed
the actual cost of copying and reproduction. The fees may not
include the cost of the labor used to reproduce the arrest
record.
(e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(Source: P.A. 101-652, eff. 1-1-23.)
Section 45. The Illinois Insurance Code is amended by
changing Section 143.19 as follows:
(215 ILCS 5/143.19) (from Ch. 73, par. 755.19)

(Text of Section before amendment by P.A. 101-652 and P.A.
102-982)
Sec. 143.19. Cancellation of automobile insurance policy;
grounds. After a policy of automobile insurance as defined in
Section 143.13(a) has been effective for 60 days, or if such
policy is a renewal policy, the insurer shall not exercise its
option to cancel such policy except for one or more of the
following reasons:
a. Nonpayment of premium;
b. The policy was obtained through a material
misrepresentation;
c. Any insured violated any of the terms and
conditions of the policy;
d. The named insured failed to disclose fully his
motor vehicle accidents and moving traffic violations for
the preceding 36 months if called for in the application;
e. Any insured made a false or fraudulent claim or
knowingly aided or abetted another in the presentation of
such a claim;
f. The named insured or any other operator who either
resides in the same household or customarily operates an
automobile insured under such policy:
1. has, within the 12 months prior to the notice of
cancellation, had his driver's license under
suspension or revocation;
2. is or becomes subject to epilepsy or heart

attacks, and such individual does not produce a
certificate from a physician testifying to his
unqualified ability to operate a motor vehicle safely;
3. has an accident record, conviction record
(criminal or traffic), physical, or mental condition
which is such that his operation of an automobile
might endanger the public safety;
4. has, within the 36 months prior to the notice of
cancellation, been addicted to the use of narcotics or
other drugs; or
5. has been convicted, or forfeited bail, during
the 36 months immediately preceding the notice of
cancellation, for any felony, criminal negligence
resulting in death, homicide or assault arising out of
the operation of a motor vehicle, operating a motor
vehicle while in an intoxicated condition or while
under the influence of drugs, being intoxicated while
in, or about, an automobile or while having custody of
an automobile, leaving the scene of an accident
without stopping to report, theft or unlawful taking
of a motor vehicle, making false statements in an
application for an operator's or chauffeur's license
or has been convicted or 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.)
(Text of Section after amendment by P.A. 101-652 but
before amendment by P.A. 102-982)
Sec. 143.19. Cancellation of automobile insurance policy;
grounds. After a policy of automobile insurance as defined in
Section 143.13(a) has been effective for 60 days, or if such

policy is a renewal policy, the insurer shall not exercise its
option to cancel such policy except for one or more of the
following reasons:
a. Nonpayment of premium;
b. The policy was obtained through a material
misrepresentation;
c. Any insured violated any of the terms and
conditions of the policy;
d. The named insured failed to disclose fully his
motor vehicle accidents and moving traffic violations for
the preceding 36 months if called for in the application;
e. Any insured made a false or fraudulent claim or
knowingly aided or abetted another in the presentation of
such a claim;
f. The named insured or any other operator who either
resides in the same household or customarily operates an
automobile insured under such policy:
1. has, within the 12 months prior to the notice of
cancellation, had his driver's license under
suspension or revocation;
2. is or becomes subject to epilepsy or heart
attacks, and such individual does not produce a
certificate from a physician testifying to his
unqualified ability to operate a motor vehicle safely;
3. has an accident record, conviction record
(criminal or traffic), physical, or mental condition

which is such that his operation of an automobile
might endanger the public safety;
4. has, within the 36 months prior to the notice of
cancellation, been addicted to the use of narcotics or
other drugs; or
5. has been convicted, or had pretrial release
revoked violated conditions of pretrial release,
during the 36 months immediately preceding the notice
of cancellation, for any felony, criminal negligence
resulting in death, homicide or assault arising out of
the operation of a motor vehicle, operating a motor
vehicle while in an intoxicated condition or while
under the influence of drugs, being intoxicated while
in, or about, an automobile or while having custody of
an automobile, leaving the scene of an accident
without stopping to report, theft or unlawful taking
of a motor vehicle, making false statements in an
application for an operator's or chauffeur's license
or has been convicted or pretrial release has been
revoked 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; 101-652, eff. 1-1-23.)
(Text of Section after amendment by P.A. 102-982)
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 crashes and moving traffic violations for
the preceding 36 months if called for in the application;
e. Any insured made a false or fraudulent claim or
knowingly aided or abetted another in the presentation of
such a claim;
f. The named insured or any other operator who either
resides in the same household or customarily operates an
automobile insured under such policy:
1. has, within the 12 months prior to the notice of
cancellation, had his driver's license under
suspension or revocation;
2. is or becomes subject to epilepsy or heart
attacks, and such individual does not produce a
certificate from a physician testifying to his
unqualified ability to operate a motor vehicle safely;
3. has a crash 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 had pretrial release
revoked violated conditions of pretrial release,
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 a crash without
stopping to report, theft or unlawful taking of a
motor vehicle, making false statements in an
application for an operator's or chauffeur's license
or has been convicted or pretrial release has been
revoked 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. 101-652, eff. 1-1-23; 102-982, eff. 7-1-23.)
Section 50. The Illinois Vehicle Code is amended by
changing Sections 6-204 and 6-500 as follows:
(625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
(Text of Section before amendment by P.A. 101-652)
Sec. 6-204. When court to forward license and reports.
(a) For the purpose of providing to the Secretary of State
the records essential to the performance of the Secretary's
duties under this Code to cancel, revoke or suspend the
driver's license and privilege to drive motor vehicles of
certain minors and of persons found guilty of the criminal
offenses or traffic violations which this Code recognizes as

evidence relating to unfitness to safely operate motor
vehicles, the following duties are imposed upon public
officials:
(1) Whenever any person is convicted of any offense
for which this Code makes mandatory the cancellation or
revocation of the driver's license or permit of such
person by the Secretary of State, the judge of the court in
which such conviction is had shall require the surrender
to the clerk of the court of all driver's licenses or
permits then held by the person so convicted, and the
clerk of the court shall, within 5 days thereafter,
forward the same, together with a report of such
conviction, to the Secretary.
(2) Whenever any person is convicted of any offense
under this Code or similar offenses under a municipal
ordinance, other than regulations governing standing,
parking or weights of vehicles, and excepting the
following enumerated Sections of this Code: Sections
11-1406 (obstruction to driver's view or control), 11-1407
(improper opening of door into traffic), 11-1410 (coasting
on downgrade), 11-1411 (following fire apparatus),
11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
vehicle which is in unsafe condition or improperly
equipped), 12-201(a) (daytime lights on motorcycles),
12-202 (clearance, identification and side marker lamps),
12-204 (lamp or flag on projecting load), 12-205 (failure

to display the safety lights required), 12-401
(restrictions as to tire equipment), 12-502 (mirrors),
12-503 (windshields must be unobstructed and equipped with
wipers), 12-601 (horns and warning devices), 12-602
(mufflers, prevention of noise or smoke), 12-603 (seat
safety belts), 12-702 (certain vehicles to carry flares or
other warning devices), 12-703 (vehicles for oiling roads
operated on highways), 12-710 (splash guards and
replacements), 13-101 (safety tests), 15-101 (size, weight
and load), 15-102 (width), 15-103 (height), 15-104 (name
and address on second division vehicles), 15-107 (length
of vehicle), 15-109.1 (cover or tarpaulin), 15-111
(weights), 15-112 (weights), 15-301 (weights), 15-316
(weights), 15-318 (weights), and also excepting the
following enumerated Sections of the Chicago Municipal
Code: Sections 27-245 (following fire apparatus), 27-254
(obstruction of traffic), 27-258 (driving vehicle which is
in unsafe condition), 27-259 (coasting on downgrade),
27-264 (use of horns and signal devices), 27-265
(obstruction to driver's view or driver mechanism), 27-267
(dimming of headlights), 27-268 (unattended motor
vehicle), 27-272 (illegal funeral procession), 27-273
(funeral procession on boulevard), 27-275 (driving freight
hauling vehicles on boulevard), 27-276 (stopping and
standing of buses or taxicabs), 27-277 (cruising of public
passenger vehicles), 27-305 (parallel parking), 27-306

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

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

of the adjudication and the court order requiring the
Secretary of State to suspend the minor's driver's license
and driving privilege for such time as determined by the
court, but only until he or she attains the age of 18
years. All juvenile court dispositions reported to the
Secretary of State under this provision shall be processed
by the Secretary of State as if the cases had been
adjudicated in traffic or criminal court. However,
information reported relative to the offense of reckless
homicide, or Section 11-501 of this Code, or a similar
provision of a local ordinance, shall be privileged and
available only to the Secretary of State, courts, and
police officers.
The reporting requirements of this subsection (a)
apply to all violations listed in paragraphs (1) and (2)
of this subsection (a), excluding parking violations, when
the driver holds a CLP or CDL, regardless of the type of
vehicle in which the violation occurred, or when any
driver committed the violation in a commercial motor
vehicle as defined in Section 6-500 of this Code.
(3) Whenever an order is entered vacating the
forfeiture of any bail, security or bond given to secure
appearance for any offense under this Code or similar
offenses under municipal ordinance, it shall be the duty
of the clerk of the court in which such vacation was had or
the judge of such court if such court has no clerk, within

5 days thereafter to forward to the Secretary of State a
report of the vacation.
(4) A report of any disposition of court supervision
for a violation of Sections 6-303, 11-401, 11-501 or a
similar provision of a local ordinance, 11-503, 11-504,
and 11-506 of this Code, Section 5-7 of the Snowmobile
Registration and Safety Act, and Section 5-16 of the Boat
Registration and Safety Act shall be forwarded to the
Secretary of State. A report of any disposition of court
supervision for a violation of an offense defined as a
serious traffic violation in this Code or a similar
provision of a local ordinance committed by a person under
the age of 21 years shall be forwarded to the Secretary of
State.
(5) Reports of conviction under this Code and
sentencing hearings under the Juvenile Court Act of 1987
in an electronic format or a computer processible medium
shall be forwarded to the Secretary of State via the
Supreme Court in the form and format required by the
Illinois Supreme Court and established by a written
agreement between the Supreme Court and the Secretary of
State. In counties with a population over 300,000, instead
of forwarding reports to the Supreme Court, reports of
conviction under this Code and sentencing hearings under
the Juvenile Court Act of 1987 in an electronic format or a
computer processible medium may be forwarded to the

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

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

an offense while driving a commercial motor vehicle. These
reports shall be recorded to the driver's record as a
conviction for use in the disqualification of the driver's
commercial motor vehicle privileges and shall not be
privileged information.
(Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20.)
(Text of Section after amendment by P.A. 101-652)
Sec. 6-204. When court to forward license and reports.
(a) For the purpose of providing to the Secretary of State
the records essential to the performance of the Secretary's
duties under this Code to cancel, revoke or suspend the
driver's license and privilege to drive motor vehicles of
certain minors and of persons found guilty of the criminal
offenses or traffic violations which this Code recognizes as
evidence relating to unfitness to safely operate motor
vehicles, the following duties are imposed upon public
officials:
(1) Whenever any person is convicted of any offense
for which this Code makes mandatory the cancellation or
revocation of the driver's license or permit of such
person by the Secretary of State, the judge of the court in
which such conviction is had shall require the surrender
to the clerk of the court of all driver's licenses or
permits then held by the person so convicted, and the
clerk of the court shall, within 5 days thereafter,

forward the same, together with a report of such
conviction, to the Secretary.
(2) Whenever any person is convicted of any offense
under this Code or similar offenses under a municipal
ordinance, other than regulations governing standing,
parking or weights of vehicles, and excepting the
following enumerated Sections of this Code: Sections
11-1406 (obstruction to driver's view or control), 11-1407
(improper opening of door into traffic), 11-1410 (coasting
on downgrade), 11-1411 (following fire apparatus),
11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
vehicle which is in unsafe condition or improperly
equipped), 12-201(a) (daytime lights on motorcycles),
12-202 (clearance, identification and side marker lamps),
12-204 (lamp or flag on projecting load), 12-205 (failure
to display the safety lights required), 12-401
(restrictions as to tire equipment), 12-502 (mirrors),
12-503 (windshields must be unobstructed and equipped with
wipers), 12-601 (horns and warning devices), 12-602
(mufflers, prevention of noise or smoke), 12-603 (seat
safety belts), 12-702 (certain vehicles to carry flares or
other warning devices), 12-703 (vehicles for oiling roads
operated on highways), 12-710 (splash guards and
replacements), 13-101 (safety tests), 15-101 (size, weight
and load), 15-102 (width), 15-103 (height), 15-104 (name
and address on second division vehicles), 15-107 (length

of vehicle), 15-109.1 (cover or tarpaulin), 15-111
(weights), 15-112 (weights), 15-301 (weights), 15-316
(weights), 15-318 (weights), and also excepting the
following enumerated Sections of the Chicago Municipal
Code: Sections 27-245 (following fire apparatus), 27-254
(obstruction of traffic), 27-258 (driving vehicle which is
in unsafe condition), 27-259 (coasting on downgrade),
27-264 (use of horns and signal devices), 27-265
(obstruction to driver's view or driver mechanism), 27-267
(dimming of headlights), 27-268 (unattended motor
vehicle), 27-272 (illegal funeral procession), 27-273
(funeral procession on boulevard), 27-275 (driving freight
hauling vehicles on boulevard), 27-276 (stopping and
standing of buses or taxicabs), 27-277 (cruising of public
passenger vehicles), 27-305 (parallel parking), 27-306
(diagonal parking), 27-307 (parking not to obstruct
traffic), 27-308 (stopping, standing or parking
regulated), 27-311 (parking regulations), 27-312 (parking
regulations), 27-313 (parking regulations), 27-314
(parking regulations), 27-315 (parking regulations),
27-316 (parking regulations), 27-317 (parking
regulations), 27-318 (parking regulations), 27-319
(parking regulations), 27-320 (parking regulations),
27-321 (parking regulations), 27-322 (parking
regulations), 27-324 (loading and unloading at an angle),
27-333 (wheel and axle loads), 27-334 (load restrictions

in the downtown district), 27-335 (load restrictions in
residential areas), 27-338 (width of vehicles), 27-339
(height of vehicles), 27-340 (length of vehicles), 27-352
(reflectors on trailers), 27-353 (mufflers), 27-354
(display of plates), 27-355 (display of city vehicle tax
sticker), 27-357 (identification of vehicles), 27-358
(projecting of loads), and also excepting the following
enumerated paragraphs of Section 2-201 of the Rules and
Regulations of the Illinois State Toll Highway Authority:
(l) (driving unsafe vehicle on tollway), (m) (vehicles
transporting dangerous cargo not properly indicated), it
shall be the duty of the clerk of the court in which such
conviction is had within 5 days thereafter to forward to
the Secretary of State a report of the conviction and the
court may recommend the suspension of the driver's license
or permit of the person so convicted.
The reporting requirements of this subsection shall
apply to all violations stated in paragraphs (1) and (2)
of this subsection when the individual has been
adjudicated under the Juvenile Court Act or the Juvenile
Court Act of 1987. Such reporting requirements shall also
apply to individuals adjudicated under the Juvenile Court
Act or the Juvenile Court Act of 1987 who have committed a
violation of Section 11-501 of this Code, or similar
provision of a local ordinance, or Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012,

relating to the offense of reckless homicide, or Section
5-7 of the Snowmobile Registration and Safety Act or
Section 5-16 of the Boat Registration and Safety Act,
relating to the offense of operating a snowmobile or a
watercraft while under the influence of alcohol, other
drug or drugs, intoxicating compound or compounds, or
combination thereof. These reporting requirements also
apply to individuals adjudicated under the Juvenile Court
Act of 1987 based on any offense determined to have been
committed in furtherance of the criminal activities of an
organized gang, as provided in Section 5-710 of that Act,
if those activities involved the operation or use of a
motor vehicle. It shall be the duty of the clerk of the
court in which adjudication is had within 5 days
thereafter to forward to the Secretary of State a report
of the adjudication and the court order requiring the
Secretary of State to suspend the minor's driver's license
and driving privilege for such time as determined by the
court, but only until he or she attains the age of 18
years. All juvenile court dispositions reported to the
Secretary of State under this provision shall be processed
by the Secretary of State as if the cases had been
adjudicated in traffic or criminal court. However,
information reported relative to the offense of reckless
homicide, or Section 11-501 of this Code, or a similar
provision of a local ordinance, shall be privileged and

available only to the Secretary of State, courts, and
police officers.
The reporting requirements of this subsection (a)
apply to all violations listed in paragraphs (1) and (2)
of this subsection (a), excluding parking violations, when
the driver holds a CLP or CDL, regardless of the type of
vehicle in which the violation occurred, or when any
driver committed the violation in a commercial motor
vehicle as defined in Section 6-500 of this Code.
(3) Whenever an order is entered revoking vacating the
conditions of pretrial release given to secure appearance
for any offense under this Code or similar offenses under
municipal ordinance, it shall be the duty of the clerk of
the court in which such revocation 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 revocation vacation.
(4) A report of any disposition of court supervision
for a violation of Sections 6-303, 11-401, 11-501 or a
similar provision of a local ordinance, 11-503, 11-504,
and 11-506 of this Code, Section 5-7 of the Snowmobile
Registration and Safety Act, and Section 5-16 of the Boat
Registration and Safety Act shall be forwarded to the
Secretary of State. A report of any disposition of court
supervision for a violation of an offense defined as a
serious traffic violation in this Code or a similar

provision of a local ordinance committed by a person under
the age of 21 years shall be forwarded to the Secretary of
State.
(5) Reports of conviction under this Code and
sentencing hearings under the Juvenile Court Act of 1987
in an electronic format or a computer processible medium
shall be forwarded to the Secretary of State via the
Supreme Court in the form and format required by the
Illinois Supreme Court and established by a written
agreement between the Supreme Court and the Secretary of
State. In counties with a population over 300,000, instead
of forwarding reports to the Supreme Court, reports of
conviction under this Code and sentencing hearings under
the Juvenile Court Act of 1987 in an electronic format or a
computer processible medium may be forwarded to the
Secretary of State by the Circuit Court Clerk in a form and
format required by the Secretary of State and established
by written agreement between the Circuit Court Clerk and
the Secretary of State. Failure to forward the reports of
conviction or sentencing hearing under the Juvenile Court
Act of 1987 as required by this Section shall be deemed an
omission of duty and it shall be the duty of the several
State's Attorneys to enforce the requirements of this
Section.
(b) Whenever a restricted driving permit is forwarded to a
court, as a result of confiscation by a police officer

pursuant to the authority in Section 6-113(f), it shall be the
duty of the clerk, or judge, if the court has no clerk, to
forward such restricted driving permit and a facsimile of the
officer's citation to the Secretary of State as expeditiously
as practicable.
(c) For the purposes of this Code, a revocation of
pretrial release that has violation of the conditions of
pretrial release when the conditions of pretrial release have
not been vacated, or the failure of a defendant to appear for
trial after depositing his driver's license in lieu of other
bail, shall be equivalent to a conviction.
(d) For the purpose of providing the Secretary of State
with records necessary to properly monitor and assess driver
performance and assist the courts in the proper disposition of
repeat traffic law offenders, the clerk of the court shall
forward to the Secretary of State, on a form prescribed by the
Secretary, records of a driver's participation in a driver
remedial or rehabilitative program which was required, through
a court order or court supervision, in relation to the
driver's arrest for a violation of Section 11-501 of this Code
or a similar provision of a local ordinance. The clerk of the
court shall also forward to the Secretary, either on paper or
in an electronic format or a computer processible medium as
required under paragraph (5) of subsection (a) of this
Section, any disposition of court supervision for any traffic
violation, excluding those offenses listed in paragraph (2) of

subsection (a) of this Section. These reports shall be sent
within 5 days after disposition, or, if the driver is referred
to a driver remedial or rehabilitative program, within 5 days
of the driver's referral to that program. These reports
received by the Secretary of State, including those required
to be forwarded under paragraph (a)(4), shall be privileged
information, available only (i) to the affected driver, (ii)
to the parent or guardian of a person under the age of 18 years
holding an instruction permit or a graduated driver's license,
and (iii) for use by the courts, police officers, prosecuting
authorities, the Secretary of State, and the driver licensing
administrator of any other state. In accordance with 49 C.F.R.
Part 384, all reports of court supervision, except violations
related to parking, shall be forwarded to the Secretary of
State for all holders of a CLP or CDL or any driver who commits
an offense while driving a commercial motor vehicle. These
reports shall be recorded to the driver's record as a
conviction for use in the disqualification of the driver's
commercial motor vehicle privileges and shall not be
privileged information.
(Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20;
101-652, eff. 1-1-23.)
(625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
(Text of Section before amendment by P.A. 101-652 and P.A.
102-982)

Sec. 6-500. Definitions of words and phrases.
Notwithstanding the definitions set forth elsewhere in this
Code, for purposes of the Uniform Commercial Driver's License
Act (UCDLA), the words and phrases listed below have the
meanings ascribed to them as follows:
(1) Alcohol. "Alcohol" means any substance containing any
form of alcohol, including but not limited to ethanol,
methanol, propanol, and isopropanol.
(2) Alcohol concentration. "Alcohol concentration" means:
(A) the number of grams of alcohol per 210 liters of
breath; or
(B) the number of grams of alcohol per 100 milliliters
of blood; or
(C) the number of grams of alcohol per 67 milliliters
of urine.
Alcohol tests administered within 2 hours of the driver
being "stopped or detained" shall be considered that driver's
"alcohol concentration" for the purposes of enforcing this
UCDLA.
(3) (Blank).
(4) (Blank).
(5) (Blank).
(5.3) CDLIS driver record. "CDLIS driver record" means the
electronic record of the individual CDL driver's status and
history stored by the State-of-Record as part of the
Commercial Driver's License Information System, or CDLIS,

established under 49 U.S.C. 31309.
(5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
record" or "CDLIS MVR" means a report generated from the CDLIS
driver record meeting the requirements for access to CDLIS
information and provided by states to users authorized in 49
C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
(5.7) Commercial driver's license downgrade. "Commercial
driver's license downgrade" or "CDL downgrade" means either:
(A) a state allows the driver to change his or her
self-certification to interstate, but operating
exclusively in transportation or operation excepted from
49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
391.2, 391.68, or 398.3;
(B) a state allows the driver to change his or her
self-certification to intrastate only, if the driver
qualifies under that state's physical qualification
requirements for intrastate only;
(C) a state allows the driver to change his or her
certification to intrastate, but operating exclusively in
transportation or operations excepted from all or part of
the state driver qualification requirements; or
(D) a state removes the CDL privilege from the driver
license.
(6) Commercial Motor Vehicle.
(A) "Commercial motor vehicle" or "CMV" means a motor

vehicle or combination of motor vehicles used in commerce,
except those referred to in subdivision (B), designed to
transport passengers or property if the motor vehicle:
(i) has a gross combination weight rating or gross
combination weight of 11,794 kilograms or more (26,001
pounds or more), whichever is greater, inclusive of
any towed unit with a gross vehicle weight rating or
gross vehicle weight of more than 4,536 kilograms
(10,000 pounds), whichever is greater; or
(i-5) has a gross vehicle weight rating or gross
vehicle weight of 11,794 or more kilograms (26,001
pounds or more), whichever is greater; or
(ii) is designed to transport 16 or more persons,
including the driver; or
(iii) is of any size and is used in transporting
hazardous materials as defined in 49 C.F.R. 383.5.
(B) Pursuant to the interpretation of the Commercial
Motor Vehicle Safety Act of 1986 by the Federal Highway
Administration, the definition of "commercial motor
vehicle" does not include:
(i) recreational vehicles, when operated primarily
for personal use;
(ii) vehicles owned by or operated under the
direction of the United States Department of Defense
or the United States Coast Guard only when operated by
non-civilian personnel. This includes any operator on

active military duty; members of the Reserves;
National Guard; personnel on part-time training; and
National Guard military technicians (civilians who are
required to wear military uniforms and are subject to
the Code of Military Justice); or
(iii) firefighting, police, and other emergency
equipment (including, without limitation, equipment
owned or operated by a HazMat or technical rescue team
authorized by a county board under Section 5-1127 of
the Counties Code), with audible and visual signals,
owned or operated by or for a governmental entity,
which is necessary to the preservation of life or
property or the execution of emergency governmental
functions which are normally not subject to general
traffic rules and regulations.
(7) Controlled Substance. "Controlled substance" shall
have the same meaning as defined in Section 102 of the Illinois
Controlled Substances Act, and shall also include cannabis as
defined in Section 3 of the Cannabis Control Act and
methamphetamine as defined in Section 10 of the
Methamphetamine Control and Community Protection Act.
(8) Conviction. "Conviction" means an unvacated
adjudication of guilt or a determination that a person has
violated or failed to comply with the law in a court of
original jurisdiction or by an authorized administrative
tribunal; an unvacated 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 release without bail, regardless of whether or
not the penalty is rebated, suspended or probated.
(8.5) Day. "Day" means calendar day.
(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) (Blank).
(13) Driver. "Driver" means any person who drives,
operates, or is in physical control of a commercial motor
vehicle, any person who is required to hold a CDL, or any
person who is a holder of a CDL while operating a
non-commercial motor vehicle.
(13.5) Driver applicant. "Driver applicant" means an
individual who applies to a state or other jurisdiction to
obtain, transfer, upgrade, or renew a CDL or to obtain or renew
a CLP.
(13.8) Electronic device. "Electronic device" includes,
but is not limited to, a cellular telephone, personal digital
assistant, pager, computer, or any other device used to input,
write, send, receive, or read text.
(14) Employee. "Employee" means a person who is employed

as a commercial motor vehicle driver. A person who is
self-employed as a commercial motor vehicle driver must comply
with the requirements of this UCDLA pertaining to employees.
An owner-operator on a long-term lease shall be considered an
employee.
(15) Employer. "Employer" means a person (including the
United States, a State or a local authority) who owns or leases
a commercial motor vehicle or assigns employees to operate
such a vehicle. A person who is self-employed as a commercial
motor vehicle driver must comply with the requirements of this
UCDLA.
(15.1) Endorsement. "Endorsement" means an authorization
to an individual's CLP or CDL required to permit the
individual to operate certain types of commercial motor
vehicles.
(15.2) Entry-level driver training. "Entry-level driver
training" means the training an entry-level driver receives
from an entity listed on the Federal Motor Carrier Safety
Administration's Training Provider Registry prior to: (i)
taking the CDL skills test required to receive the Class A or
Class B CDL for the first time; (ii) taking the CDL skills test
required to upgrade to a Class A or Class B CDL; or (iii)
taking the CDL skills test required to obtain a passenger or
school bus endorsement for the first time or the CDL knowledge
test required to obtain a hazardous materials endorsement for
the first time.

(15.3) Excepted interstate. "Excepted interstate" means a
person who operates or expects to operate in interstate
commerce, but engages exclusively in transportation or
operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
or 398.3 from all or part of the qualification requirements of
49 C.F.R. Part 391 and is not required to obtain a medical
examiner's certificate by 49 C.F.R. 391.45.
(15.5) Excepted intrastate. "Excepted intrastate" means a
person who operates in intrastate commerce but engages
exclusively in transportation or operations excepted from all
or parts of the state driver qualification requirements.
(16) (Blank).
(16.5) Fatality. "Fatality" means the death of a person as
a result of a motor vehicle accident.
(16.7) Foreign commercial driver. "Foreign commercial
driver" means a person licensed to operate a commercial motor
vehicle by an authority outside the United States, or a
citizen of a foreign country who operates a commercial motor
vehicle in the United States.
(17) Foreign jurisdiction. "Foreign jurisdiction" means a
sovereign jurisdiction that does not fall within the
definition of "State".
(18) (Blank).
(19) (Blank).
(20) Hazardous materials. "Hazardous material" means any
material that has been designated under 49 U.S.C. 5103 and is

required to be placarded under subpart F of 49 C.F.R. part 172
or any quantity of a material listed as a select agent or toxin
in 42 C.F.R. part 73.
(20.5) Imminent Hazard. "Imminent hazard" means the
existence of any condition of a vehicle, employee, or
commercial motor vehicle operations that substantially
increases the likelihood of serious injury or death if not
discontinued immediately; or a condition relating to hazardous
material that presents a substantial likelihood that death,
serious illness, severe personal injury, or a substantial
endangerment to health, property, or the environment may occur
before the reasonably foreseeable completion date of a formal
proceeding begun to lessen the risk of that death, illness,
injury or endangerment.
(20.6) Issuance. "Issuance" means initial issuance,
transfer, renewal, or upgrade of a CLP or CDL and
non-domiciled CLP or CDL.
(20.7) Issue. "Issue" means initial issuance, transfer,
renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
non-domiciled CDL.
(21) Long-term lease. "Long-term lease" means a lease of a
commercial motor vehicle by the owner-lessor to a lessee, for
a period of more than 29 days.
(21.01) Manual transmission. "Manual transmission" means a
transmission utilizing a driver-operated clutch that is
activated by a pedal or lever and a gear-shift mechanism

operated either by hand or foot including those known as a
stick shift, stick, straight drive, or standard transmission.
All other transmissions, whether semi-automatic or automatic,
shall be considered automatic for the purposes of the
standardized restriction code.
(21.1) Medical examiner. "Medical examiner" means an
individual certified by the Federal Motor Carrier Safety
Administration and listed on the National Registry of
Certified Medical Examiners in accordance with Federal Motor
Carrier Safety Regulations, 49 CFR 390.101 et seq.
(21.2) Medical examiner's certificate. "Medical examiner's
certificate" means either (1) prior to June 22, 2021, a
document prescribed or approved by the Secretary of State that
is issued by a medical examiner to a driver to medically
qualify him or her to drive; or (2) beginning June 22, 2021, an
electronic submission of results of an examination conducted
by a medical examiner listed on the National Registry of
Certified Medical Examiners to the Federal Motor Carrier
Safety Administration of a driver to medically qualify him or
her to drive.
(21.5) Medical variance. "Medical variance" means a driver
has received one of the following from the Federal Motor
Carrier Safety Administration which allows the driver to be
issued a medical certificate: (1) an exemption letter
permitting operation of a commercial motor vehicle pursuant to
49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a

skill performance evaluation (SPE) certificate permitting
operation of a commercial motor vehicle pursuant to 49 C.F.R.
391.49.
(21.7) Mobile telephone. "Mobile telephone" means a mobile
communication device that falls under or uses any commercial
mobile radio service, as defined in regulations of the Federal
Communications Commission, 47 CFR 20.3. It does not include
two-way or citizens band radio services.
(22) Motor Vehicle. "Motor vehicle" means every vehicle
which is self-propelled, and every vehicle which is propelled
by electric power obtained from over head trolley wires but
not operated upon rails, except vehicles moved solely by human
power and motorized wheel chairs.
(22.2) Motor vehicle record. "Motor vehicle record" means
a report of the driving status and history of a driver
generated from the driver record provided to users, such as
drivers or employers, and is subject to the provisions of the
Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
(22.5) Non-CMV. "Non-CMV" means a motor vehicle or
combination of motor vehicles not defined by the term
"commercial motor vehicle" or "CMV" in this Section.
(22.7) Non-excepted interstate. "Non-excepted interstate"
means a person who operates or expects to operate in
interstate commerce, is subject to and meets the qualification
requirements under 49 C.F.R. Part 391, and is required to
obtain a medical examiner's certificate by 49 C.F.R. 391.45.

(22.8) Non-excepted intrastate. "Non-excepted intrastate"
means a person who operates only in intrastate commerce and is
subject to State driver qualification requirements.
(23) Non-domiciled CLP or Non-domiciled CDL.
"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
respectively, issued by a state or other jurisdiction under
either of the following two conditions:
(i) to an individual domiciled in a foreign country
meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
of the Federal Motor Carrier Safety Administration.
(ii) to an individual domiciled in another state
meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
of the Federal Motor Carrier Safety Administration.
(24) (Blank).
(25) (Blank).
(25.5) Railroad-Highway Grade Crossing Violation.
"Railroad-highway grade crossing violation" means a violation,
while operating a commercial motor vehicle, of any of the
following:
(A) Section 11-1201, 11-1202, or 11-1425 of this Code.
(B) Any other similar law or local ordinance of any
state relating to railroad-highway grade crossing.
(25.7) School Bus. "School bus" means a commercial motor
vehicle used to transport pre-primary, primary, or secondary
school students from home to school, from school to home, or to
and from school-sponsored events. "School bus" does not

include a bus used as a common carrier.
(26) Serious Traffic Violation. "Serious traffic
violation" means:
(A) a conviction when operating a commercial motor
vehicle, or when operating a non-CMV while holding a CLP
or CDL, of:
(i) a violation relating to excessive speeding,
involving a single speeding charge of 15 miles per
hour or more above the legal speed limit; or
(ii) a violation relating to reckless driving; or
(iii) a violation of any State law or local
ordinance relating to motor vehicle traffic control
(other than parking violations) arising in connection
with a fatal traffic accident; or
(iv) a violation of Section 6-501, relating to
having multiple driver's licenses; or
(v) a violation of paragraph (a) of Section 6-507,
relating to the requirement to have a valid CLP or CDL;
or
(vi) a violation relating to improper or erratic
traffic lane changes; or
(vii) a violation relating to following another
vehicle too closely; or
(viii) a violation relating to texting while
driving; or
(ix) a violation relating to the use of a

hand-held mobile telephone while driving; or
(B) any other similar violation of a law or local
ordinance of any state relating to motor vehicle traffic
control, other than a parking violation, which the
Secretary of State determines by administrative rule to be
serious.
(27) State. "State" means a state of the United States,
the District of Columbia and any province or territory of
Canada.
(28) (Blank).
(29) (Blank).
(30) (Blank).
(31) (Blank).
(32) Texting. "Texting" means manually entering
alphanumeric text into, or reading text from, an electronic
device.
(1) Texting includes, but is not limited to, short
message service, emailing, instant messaging, a command or
request to access a World Wide Web page, pressing more
than a single button to initiate or terminate a voice
communication using a mobile telephone, or engaging in any
other form of electronic text retrieval or entry for
present or future communication.
(2) Texting does not include:
(i) inputting, selecting, or reading information
on a global positioning system or navigation system;

or
(ii) pressing a single button to initiate or
terminate a voice communication using a mobile
telephone; or
(iii) using a device capable of performing
multiple functions (for example, a fleet management
system, dispatching device, smart phone, citizens band
radio, or music player) for a purpose that is not
otherwise prohibited by Part 392 of the Federal Motor
Carrier Safety Regulations.
(32.3) Third party skills test examiner. "Third party
skills test examiner" means a person employed by a third party
tester who is authorized by the State to administer the CDL
skills tests specified in 49 C.F.R. Part 383, subparts G and H.
(32.5) Third party tester. "Third party tester" means a
person (including, but not limited to, another state, a motor
carrier, a private driver training facility or other private
institution, or a department, agency, or instrumentality of a
local government) authorized by the State to employ skills
test examiners to administer the CDL skills tests specified in
49 C.F.R. Part 383, subparts G and H.
(32.7) United States. "United States" means the 50 states
and the District of Columbia.
(33) Use a hand-held mobile telephone. "Use a hand-held
mobile telephone" means:
(1) using at least one hand to hold a mobile telephone

to conduct a voice communication;
(2) dialing or answering a mobile telephone by
pressing more than a single button; or
(3) reaching for a mobile telephone in a manner that
requires a driver to maneuver so that he or she is no
longer in a seated driving position, restrained by a seat
belt that is installed in accordance with 49 CFR 393.93
and adjusted in accordance with the vehicle manufacturer's
instructions.
(Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20.)
(Text of Section after amendment by P.A. 101-652 but
before amendment by P.A. 102-982)
Sec. 6-500. Definitions of words and phrases.
Notwithstanding the definitions set forth elsewhere in this
Code, for purposes of the Uniform Commercial Driver's License
Act (UCDLA), the words and phrases listed below have the
meanings ascribed to them as follows:
(1) Alcohol. "Alcohol" means any substance containing any
form of alcohol, including but not limited to ethanol,
methanol, propanol, and isopropanol.
(2) Alcohol concentration. "Alcohol concentration" means:
(A) the number of grams of alcohol per 210 liters of
breath; or
(B) the number of grams of alcohol per 100 milliliters
of blood; or

(C) the number of grams of alcohol per 67 milliliters
of urine.
Alcohol tests administered within 2 hours of the driver
being "stopped or detained" shall be considered that driver's
"alcohol concentration" for the purposes of enforcing this
UCDLA.
(3) (Blank).
(4) (Blank).
(5) (Blank).
(5.3) CDLIS driver record. "CDLIS driver record" means the
electronic record of the individual CDL driver's status and
history stored by the State-of-Record as part of the
Commercial Driver's License Information System, or CDLIS,
established under 49 U.S.C. 31309.
(5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
record" or "CDLIS MVR" means a report generated from the CDLIS
driver record meeting the requirements for access to CDLIS
information and provided by states to users authorized in 49
C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
(5.7) Commercial driver's license downgrade. "Commercial
driver's license downgrade" or "CDL downgrade" means either:
(A) a state allows the driver to change his or her
self-certification to interstate, but operating
exclusively in transportation or operation excepted from
49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),

391.2, 391.68, or 398.3;
(B) a state allows the driver to change his or her
self-certification to intrastate only, if the driver
qualifies under that state's physical qualification
requirements for intrastate only;
(C) a state allows the driver to change his or her
certification to intrastate, but operating exclusively in
transportation or operations excepted from all or part of
the state driver qualification requirements; or
(D) a state removes the CDL privilege from the driver
license.
(6) Commercial Motor Vehicle.
(A) "Commercial motor vehicle" or "CMV" means a motor
vehicle or combination of motor vehicles used in commerce,
except those referred to in subdivision (B), designed to
transport passengers or property if the motor vehicle:
(i) has a gross combination weight rating or gross
combination weight of 11,794 kilograms or more (26,001
pounds or more), whichever is greater, inclusive of
any towed unit with a gross vehicle weight rating or
gross vehicle weight of more than 4,536 kilograms
(10,000 pounds), whichever is greater; or
(i-5) has a gross vehicle weight rating or gross
vehicle weight of 11,794 or more kilograms (26,001
pounds or more), whichever is greater; or
(ii) is designed to transport 16 or more persons,

including the driver; or
(iii) is of any size and is used in transporting
hazardous materials as defined in 49 C.F.R. 383.5.
(B) Pursuant to the interpretation of the Commercial
Motor Vehicle Safety Act of 1986 by the Federal Highway
Administration, the definition of "commercial motor
vehicle" does not include:
(i) recreational vehicles, when operated primarily
for personal use;
(ii) vehicles owned by or operated under the
direction of the United States Department of Defense
or the United States Coast Guard only when operated by
non-civilian personnel. This includes any operator on
active military duty; members of the Reserves;
National Guard; personnel on part-time training; and
National Guard military technicians (civilians who are
required to wear military uniforms and are subject to
the Code of Military Justice); or
(iii) firefighting, police, and other emergency
equipment (including, without limitation, equipment
owned or operated by a HazMat or technical rescue team
authorized by a county board under Section 5-1127 of
the Counties Code), with audible and visual signals,
owned or operated by or for a governmental entity,
which is necessary to the preservation of life or
property or the execution of emergency governmental

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

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

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

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

proceeding begun to lessen the risk of that death, illness,
injury or endangerment.
(20.6) Issuance. "Issuance" means initial issuance,
transfer, renewal, or upgrade of a CLP or CDL and
non-domiciled CLP or CDL.
(20.7) Issue. "Issue" means initial issuance, transfer,
renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
non-domiciled CDL.
(21) Long-term lease. "Long-term lease" means a lease of a
commercial motor vehicle by the owner-lessor to a lessee, for
a period of more than 29 days.
(21.01) Manual transmission. "Manual transmission" means a
transmission utilizing a driver-operated clutch that is
activated by a pedal or lever and a gear-shift mechanism
operated either by hand or foot including those known as a
stick shift, stick, straight drive, or standard transmission.
All other transmissions, whether semi-automatic or automatic,
shall be considered automatic for the purposes of the
standardized restriction code.
(21.1) Medical examiner. "Medical examiner" means an
individual certified by the Federal Motor Carrier Safety
Administration and listed on the National Registry of
Certified Medical Examiners in accordance with Federal Motor
Carrier Safety Regulations, 49 CFR 390.101 et seq.
(21.2) Medical examiner's certificate. "Medical examiner's
certificate" means either (1) prior to June 22, 2021, a

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

power and motorized wheel chairs.
(22.2) Motor vehicle record. "Motor vehicle record" means
a report of the driving status and history of a driver
generated from the driver record provided to users, such as
drivers or employers, and is subject to the provisions of the
Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
(22.5) Non-CMV. "Non-CMV" means a motor vehicle or
combination of motor vehicles not defined by the term
"commercial motor vehicle" or "CMV" in this Section.
(22.7) Non-excepted interstate. "Non-excepted interstate"
means a person who operates or expects to operate in
interstate commerce, is subject to and meets the qualification
requirements under 49 C.F.R. Part 391, and is required to
obtain a medical examiner's certificate by 49 C.F.R. 391.45.
(22.8) Non-excepted intrastate. "Non-excepted intrastate"
means a person who operates only in intrastate commerce and is
subject to State driver qualification requirements.
(23) Non-domiciled CLP or Non-domiciled CDL.
"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
respectively, issued by a state or other jurisdiction under
either of the following two conditions:
(i) to an individual domiciled in a foreign country
meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
of the Federal Motor Carrier Safety Administration.
(ii) to an individual domiciled in another state
meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.

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

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

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

tester who is authorized by the State to administer the CDL
skills tests specified in 49 C.F.R. Part 383, subparts G and H.
(32.5) Third party tester. "Third party tester" means a
person (including, but not limited to, another state, a motor
carrier, a private driver training facility or other private
institution, or a department, agency, or instrumentality of a
local government) authorized by the State to employ skills
test examiners to administer the CDL skills tests specified in
49 C.F.R. Part 383, subparts G and H.
(32.7) United States. "United States" means the 50 states
and the District of Columbia.
(33) Use a hand-held mobile telephone. "Use a hand-held
mobile telephone" means:
(1) using at least one hand to hold a mobile telephone
to conduct a voice communication;
(2) dialing or answering a mobile telephone by
pressing more than a single button; or
(3) reaching for a mobile telephone in a manner that
requires a driver to maneuver so that he or she is no
longer in a seated driving position, restrained by a seat
belt that is installed in accordance with 49 CFR 393.93
and adjusted in accordance with the vehicle manufacturer's
instructions.
(Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20;
101-652, eff. 1-1-23.)

(Text of Section after amendment by P.A. 102-982)
Sec. 6-500. Definitions of words and phrases.
Notwithstanding the definitions set forth elsewhere in this
Code, for purposes of the Uniform Commercial Driver's License
Act (UCDLA), the words and phrases listed below have the
meanings ascribed to them as follows:
(1) Alcohol. "Alcohol" means any substance containing any
form of alcohol, including but not limited to ethanol,
methanol, propanol, and isopropanol.
(2) Alcohol concentration. "Alcohol concentration" means:
(A) the number of grams of alcohol per 210 liters of
breath; or
(B) the number of grams of alcohol per 100 milliliters
of blood; or
(C) the number of grams of alcohol per 67 milliliters
of urine.
Alcohol tests administered within 2 hours of the driver
being "stopped or detained" shall be considered that driver's
"alcohol concentration" for the purposes of enforcing this
UCDLA.
(3) (Blank).
(4) (Blank).
(5) (Blank).
(5.3) CDLIS driver record. "CDLIS driver record" means the
electronic record of the individual CDL driver's status and
history stored by the State-of-Record as part of the

Commercial Driver's License Information System, or CDLIS,
established under 49 U.S.C. 31309.
(5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
record" or "CDLIS MVR" means a report generated from the CDLIS
driver record meeting the requirements for access to CDLIS
information and provided by states to users authorized in 49
C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
(5.7) Commercial driver's license downgrade. "Commercial
driver's license downgrade" or "CDL downgrade" means either:
(A) a state allows the driver to change his or her
self-certification to interstate, but operating
exclusively in transportation or operation excepted from
49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
391.2, 391.68, or 398.3;
(B) a state allows the driver to change his or her
self-certification to intrastate only, if the driver
qualifies under that state's physical qualification
requirements for intrastate only;
(C) a state allows the driver to change his or her
certification to intrastate, but operating exclusively in
transportation or operations excepted from all or part of
the state driver qualification requirements; or
(D) a state removes the CDL privilege from the driver
license.
(6) Commercial Motor Vehicle.

(A) "Commercial motor vehicle" or "CMV" means a motor
vehicle or combination of motor vehicles used in commerce,
except those referred to in subdivision (B), designed to
transport passengers or property if the motor vehicle:
(i) has a gross combination weight rating or gross
combination weight of 11,794 kilograms or more (26,001
pounds or more), whichever is greater, inclusive of
any towed unit with a gross vehicle weight rating or
gross vehicle weight of more than 4,536 kilograms
(10,000 pounds), whichever is greater; or
(i-5) has a gross vehicle weight rating or gross
vehicle weight of 11,794 or more kilograms (26,001
pounds or more), whichever is greater; or
(ii) is designed to transport 16 or more persons,
including the driver; or
(iii) is of any size and is used in transporting
hazardous materials as defined in 49 C.F.R. 383.5.
(B) Pursuant to the interpretation of the Commercial
Motor Vehicle Safety Act of 1986 by the Federal Highway
Administration, the definition of "commercial motor
vehicle" does not include:
(i) recreational vehicles, when operated primarily
for personal use;
(ii) vehicles owned by or operated under the
direction of the United States Department of Defense
or the United States Coast Guard only when operated by

non-civilian personnel. This includes any operator on
active military duty; members of the Reserves;
National Guard; personnel on part-time training; and
National Guard military technicians (civilians who are
required to wear military uniforms and are subject to
the Code of Military Justice); or
(iii) firefighting, police, and other emergency
equipment (including, without limitation, equipment
owned or operated by a HazMat or technical rescue team
authorized by a county board under Section 5-1127 of
the Counties Code), with audible and visual signals,
owned or operated by or for a governmental entity,
which is necessary to the preservation of life or
property or the execution of emergency governmental
functions which are normally not subject to general
traffic rules and regulations.
(7) Controlled Substance. "Controlled substance" shall
have the same meaning as defined in Section 102 of the Illinois
Controlled Substances Act, and shall also include cannabis as
defined in Section 3 of the Cannabis Control Act and
methamphetamine as defined in Section 10 of the
Methamphetamine Control and Community Protection Act.
(8) Conviction. "Conviction" means an unvacated
adjudication of guilt or a determination that a person has
violated or failed to comply with the law in a court of
original jurisdiction or by an authorized administrative

tribunal; an unvacated revocation of pretrial release or
forfeiture of bail or collateral deposited to secure the
person's appearance in court; a plea of guilty or nolo
contendere accepted by the court; or the payment of a fine or
court cost regardless of whether the imposition of sentence is
deferred and ultimately a judgment dismissing the underlying
charge is entered; or a violation of a condition of pretrial
release without bail, regardless of whether or not the penalty
is rebated, suspended or probated.
(8.5) Day. "Day" means calendar day.
(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) (Blank).
(13) Driver. "Driver" means any person who drives,
operates, or is in physical control of a commercial motor
vehicle, any person who is required to hold a CDL, or any
person who is a holder of a CDL while operating a
non-commercial motor vehicle.
(13.5) Driver applicant. "Driver applicant" means an
individual who applies to a state or other jurisdiction to
obtain, transfer, upgrade, or renew a CDL or to obtain or renew
a CLP.
(13.8) Electronic device. "Electronic device" includes,
but is not limited to, a cellular telephone, personal digital
assistant, pager, computer, or any other device used to input,

write, send, receive, or read text.
(14) Employee. "Employee" means a person who is employed
as a commercial motor vehicle driver. A person who is
self-employed as a commercial motor vehicle driver must comply
with the requirements of this UCDLA pertaining to employees.
An owner-operator on a long-term lease shall be considered an
employee.
(15) Employer. "Employer" means a person (including the
United States, a State or a local authority) who owns or leases
a commercial motor vehicle or assigns employees to operate
such a vehicle. A person who is self-employed as a commercial
motor vehicle driver must comply with the requirements of this
UCDLA.
(15.1) Endorsement. "Endorsement" means an authorization
to an individual's CLP or CDL required to permit the
individual to operate certain types of commercial motor
vehicles.
(15.2) Entry-level driver training. "Entry-level driver
training" means the training an entry-level driver receives
from an entity listed on the Federal Motor Carrier Safety
Administration's Training Provider Registry prior to: (i)
taking the CDL skills test required to receive the Class A or
Class B CDL for the first time; (ii) taking the CDL skills test
required to upgrade to a Class A or Class B CDL; or (iii)
taking the CDL skills test required to obtain a passenger or
school bus endorsement for the first time or the CDL knowledge

test required to obtain a hazardous materials endorsement for
the first time.
(15.3) Excepted interstate. "Excepted interstate" means a
person who operates or expects to operate in interstate
commerce, but engages exclusively in transportation or
operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
or 398.3 from all or part of the qualification requirements of
49 C.F.R. Part 391 and is not required to obtain a medical
examiner's certificate by 49 C.F.R. 391.45.
(15.5) Excepted intrastate. "Excepted intrastate" means a
person who operates in intrastate commerce but engages
exclusively in transportation or operations excepted from all
or parts of the state driver qualification requirements.
(16) (Blank).
(16.5) Fatality. "Fatality" means the death of a person as
a result of a motor vehicle crash.
(16.7) Foreign commercial driver. "Foreign commercial
driver" means a person licensed to operate a commercial motor
vehicle by an authority outside the United States, or a
citizen of a foreign country who operates a commercial motor
vehicle in the United States.
(17) Foreign jurisdiction. "Foreign jurisdiction" means a
sovereign jurisdiction that does not fall within the
definition of "State".
(18) (Blank).
(19) (Blank).

(20) Hazardous materials. "Hazardous material" means any
material that has been designated under 49 U.S.C. 5103 and is
required to be placarded under subpart F of 49 C.F.R. part 172
or any quantity of a material listed as a select agent or toxin
in 42 C.F.R. part 73.
(20.5) Imminent Hazard. "Imminent hazard" means the
existence of any condition of a vehicle, employee, or
commercial motor vehicle operations that substantially
increases the likelihood of serious injury or death if not
discontinued immediately; or a condition relating to hazardous
material that presents a substantial likelihood that death,
serious illness, severe personal injury, or a substantial
endangerment to health, property, or the environment may occur
before the reasonably foreseeable completion date of a formal
proceeding begun to lessen the risk of that death, illness,
injury or endangerment.
(20.6) Issuance. "Issuance" means initial issuance,
transfer, renewal, or upgrade of a CLP or CDL and
non-domiciled CLP or CDL.
(20.7) Issue. "Issue" means initial issuance, transfer,
renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
non-domiciled CDL.
(21) Long-term lease. "Long-term lease" means a lease of a
commercial motor vehicle by the owner-lessor to a lessee, for
a period of more than 29 days.
(21.01) Manual transmission. "Manual transmission" means a

transmission utilizing a driver-operated clutch that is
activated by a pedal or lever and a gear-shift mechanism
operated either by hand or foot including those known as a
stick shift, stick, straight drive, or standard transmission.
All other transmissions, whether semi-automatic or automatic,
shall be considered automatic for the purposes of the
standardized restriction code.
(21.1) Medical examiner. "Medical examiner" means an
individual certified by the Federal Motor Carrier Safety
Administration and listed on the National Registry of
Certified Medical Examiners in accordance with Federal Motor
Carrier Safety Regulations, 49 CFR 390.101 et seq.
(21.2) Medical examiner's certificate. "Medical examiner's
certificate" means either (1) prior to June 22, 2021, a
document prescribed or approved by the Secretary of State that
is issued by a medical examiner to a driver to medically
qualify him or her to drive; or (2) beginning June 22, 2021, an
electronic submission of results of an examination conducted
by a medical examiner listed on the National Registry of
Certified Medical Examiners to the Federal Motor Carrier
Safety Administration of a driver to medically qualify him or
her to drive.
(21.5) Medical variance. "Medical variance" means a driver
has received one of the following from the Federal Motor
Carrier Safety Administration which allows the driver to be
issued a medical certificate: (1) an exemption letter

permitting operation of a commercial motor vehicle pursuant to
49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
skill performance evaluation (SPE) certificate permitting
operation of a commercial motor vehicle pursuant to 49 C.F.R.
391.49.
(21.7) Mobile telephone. "Mobile telephone" means a mobile
communication device that falls under or uses any commercial
mobile radio service, as defined in regulations of the Federal
Communications Commission, 47 CFR 20.3. It does not include
two-way or citizens band radio services.
(22) Motor Vehicle. "Motor vehicle" means every vehicle
which is self-propelled, and every vehicle which is propelled
by electric power obtained from over head trolley wires but
not operated upon rails, except vehicles moved solely by human
power and motorized wheel chairs.
(22.2) Motor vehicle record. "Motor vehicle record" means
a report of the driving status and history of a driver
generated from the driver record provided to users, such as
drivers or employers, and is subject to the provisions of the
Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
(22.5) Non-CMV. "Non-CMV" means a motor vehicle or
combination of motor vehicles not defined by the term
"commercial motor vehicle" or "CMV" in this Section.
(22.7) Non-excepted interstate. "Non-excepted interstate"
means a person who operates or expects to operate in
interstate commerce, is subject to and meets the qualification

requirements under 49 C.F.R. Part 391, and is required to
obtain a medical examiner's certificate by 49 C.F.R. 391.45.
(22.8) Non-excepted intrastate. "Non-excepted intrastate"
means a person who operates only in intrastate commerce and is
subject to State driver qualification requirements.
(23) Non-domiciled CLP or Non-domiciled CDL.
"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
respectively, issued by a state or other jurisdiction under
either of the following two conditions:
(i) to an individual domiciled in a foreign country
meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
of the Federal Motor Carrier Safety Administration.
(ii) to an individual domiciled in another state
meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
of the Federal Motor Carrier Safety Administration.
(24) (Blank).
(25) (Blank).
(25.5) Railroad-Highway Grade Crossing Violation.
"Railroad-highway grade crossing violation" means a violation,
while operating a commercial motor vehicle, of any of the
following:
(A) Section 11-1201, 11-1202, or 11-1425 of this Code.
(B) Any other similar law or local ordinance of any
state relating to railroad-highway grade crossing.
(25.7) School Bus. "School bus" means a commercial motor
vehicle used to transport pre-primary, primary, or secondary

school students from home to school, from school to home, or to
and from school-sponsored events. "School bus" does not
include a bus used as a common carrier.
(26) Serious Traffic Violation. "Serious traffic
violation" means:
(A) a conviction when operating a commercial motor
vehicle, or when operating a non-CMV while holding a CLP
or CDL, of:
(i) a violation relating to excessive speeding,
involving a single speeding charge of 15 miles per
hour or more above the legal speed limit; or
(ii) a violation relating to reckless driving; or
(iii) a violation of any State law or local
ordinance relating to motor vehicle traffic control
(other than parking violations) arising in connection
with a fatal traffic crash; or
(iv) a violation of Section 6-501, relating to
having multiple driver's licenses; or
(v) a violation of paragraph (a) of Section 6-507,
relating to the requirement to have a valid CLP or CDL;
or
(vi) a violation relating to improper or erratic
traffic lane changes; or
(vii) a violation relating to following another
vehicle too closely; or
(viii) a violation relating to texting while

driving; or
(ix) a violation relating to the use of a
hand-held mobile telephone while driving; or
(B) any other similar violation of a law or local
ordinance of any state relating to motor vehicle traffic
control, other than a parking violation, which the
Secretary of State determines by administrative rule to be
serious.
(27) State. "State" means a state of the United States,
the District of Columbia and any province or territory of
Canada.
(28) (Blank).
(29) (Blank).
(30) (Blank).
(31) (Blank).
(32) Texting. "Texting" means manually entering
alphanumeric text into, or reading text from, an electronic
device.
(1) Texting includes, but is not limited to, short
message service, emailing, instant messaging, a command or
request to access a World Wide Web page, pressing more
than a single button to initiate or terminate a voice
communication using a mobile telephone, or engaging in any
other form of electronic text retrieval or entry for
present or future communication.
(2) Texting does not include:

(i) inputting, selecting, or reading information
on a global positioning system or navigation system;
or
(ii) pressing a single button to initiate or
terminate a voice communication using a mobile
telephone; or
(iii) using a device capable of performing
multiple functions (for example, a fleet management
system, dispatching device, smart phone, citizens band
radio, or music player) for a purpose that is not
otherwise prohibited by Part 392 of the Federal Motor
Carrier Safety Regulations.
(32.3) Third party skills test examiner. "Third party
skills test examiner" means a person employed by a third party
tester who is authorized by the State to administer the CDL
skills tests specified in 49 C.F.R. Part 383, subparts G and H.
(32.5) Third party tester. "Third party tester" means a
person (including, but not limited to, another state, a motor
carrier, a private driver training facility or other private
institution, or a department, agency, or instrumentality of a
local government) authorized by the State to employ skills
test examiners to administer the CDL skills tests specified in
49 C.F.R. Part 383, subparts G and H.
(32.7) United States. "United States" means the 50 states
and the District of Columbia.
(33) Use a hand-held mobile telephone. "Use a hand-held

mobile telephone" means:
(1) using at least one hand to hold a mobile telephone
to conduct a voice communication;
(2) dialing or answering a mobile telephone by
pressing more than a single button; or
(3) reaching for a mobile telephone in a manner that
requires a driver to maneuver so that he or she is no
longer in a seated driving position, restrained by a seat
belt that is installed in accordance with 49 CFR 393.93
and adjusted in accordance with the vehicle manufacturer's
instructions.
(Source: P.A. 101-185, eff. 1-1-20; 101-652, eff. 1-1-23;
102-982, eff. 7-1-23.)
Section 55. The Snowmobile Registration and Safety Act is
amended by changing Section 5-7 as follows:
(625 ILCS 40/5-7)
(Text of Section before amendment by P.A. 101-652)
Sec. 5-7. Operating a snowmobile while under the influence
of alcohol or other drug or drugs, intoxicating compound or
compounds, or a combination of them; criminal penalties;
suspension of operating privileges.
(a) A person may not operate or be in actual physical
control of a snowmobile within this State while:
1. The alcohol concentration in that person's blood,

other bodily substance, or breath is a concentration at
which driving a motor vehicle is prohibited under
subdivision (1) of subsection (a) of Section 11-501 of the
Illinois Vehicle Code;
2. The person is under the influence of alcohol;
3. The person is under the influence of any other drug
or combination of drugs to a degree that renders that
person incapable of safely operating a snowmobile;
3.1. The person is under the influence of any
intoxicating compound or combination of intoxicating
compounds to a degree that renders the person incapable of
safely operating a snowmobile;
4. The person is under the combined influence of
alcohol and any other drug or drugs or intoxicating
compound or compounds to a degree that renders that person
incapable of safely operating a snowmobile;
4.3. The person who is not a CDL holder has a
tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance at which driving a motor
vehicle is prohibited under subdivision (7) of subsection
(a) of Section 11-501 of the Illinois Vehicle Code;
4.5. The person who is a CDL holder has any amount of a
drug, substance, or compound in the person's breath,
blood, other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act; or

5. There is any amount of a drug, substance, or
compound in that person's breath, blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of a controlled substance listed in the
Illinois Controlled Substances Act, methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act, or intoxicating compound listed in the use
of Intoxicating Compounds Act.
(b) The fact that a person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, any intoxicating compound or compounds, or any
combination of them does not constitute a defense against a
charge of violating this Section.
(c) Every person convicted of violating this Section or a
similar provision of a local ordinance is guilty of a Class A
misdemeanor, except as otherwise provided in this Section.
(c-1) As used in this Section, "first time offender" means
any person who has not had a previous conviction or been
assigned supervision for violating this Section or a similar
provision of a local ordinance, or any person who has not had a
suspension imposed under subsection (e) of Section 5-7.1.
(c-2) For purposes of this Section, the following are
equivalent to a conviction:
(1) a forfeiture of bail or collateral deposited to
secure a defendant's appearance in court when forfeiture
has not been vacated; or

(2) the failure of a defendant to appear for trial.
(d) Every person convicted of violating this Section is
guilty of a Class 4 felony if:
1. The person has a previous conviction under this
Section;
2. The offense results in personal injury where a
person other than the operator suffers great bodily harm
or permanent disability or disfigurement, when the
violation was a proximate cause of the injuries. A person
guilty of a Class 4 felony under this paragraph 2, if
sentenced to a term of imprisonment, shall be sentenced to
not less than one year nor more than 12 years; or
3. The offense occurred during a period in which the
person's privileges to operate a snowmobile are revoked or
suspended, and the revocation or suspension was for a
violation of this Section or was imposed under Section
5-7.1.
(e) Every person convicted of violating this Section is
guilty of a Class 2 felony if the offense results in the death
of a person. A person guilty of a Class 2 felony under this
subsection (e), if sentenced to a term of imprisonment, shall
be sentenced to a term of not less than 3 years and not more
than 14 years.
(e-1) Every person convicted of violating this Section or
a similar provision of a local ordinance who had a child under
the age of 16 on board the snowmobile at the time of offense

shall be subject to a mandatory minimum fine of $500 and shall
be subject to a mandatory minimum of 5 days of community
service in a program benefiting children. The assignment under
this subsection shall not be subject to suspension nor shall
the person be eligible for probation in order to reduce the
assignment.
(e-2) Every person found guilty of violating this Section,
whose operation of a snowmobile while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the
expense of an emergency response as provided in subsection (i)
of Section 11-501.01 of the Illinois Vehicle Code.
(e-3) In addition to any other penalties and liabilities,
a person who is found guilty of violating this Section,
including any person placed on court supervision, shall be
fined $100, payable to the circuit clerk, who shall distribute
the money to the law enforcement agency that made the arrest or
as provided in subsection (c) of Section 10-5 of the Criminal
and Traffic Assessment Act if the arresting agency is a State
agency, unless more than one agency is responsible for the
arrest, in which case the amount shall be remitted to each unit
of government equally. Any moneys received by a law
enforcement agency under this subsection (e-3) shall be used
to purchase law enforcement equipment or to provide law
enforcement training that will assist in the prevention of
alcohol related criminal violence throughout the State. Law

enforcement equipment shall include, but is not limited to,
in-car video cameras, radar and laser speed detection devices,
and alcohol breath testers.
(f) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend the snowmobile
operation privileges of a person convicted or found guilty of
a misdemeanor under this Section for a period of one year,
except that first-time offenders are exempt from this
mandatory one-year suspension.
(g) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend for a period of
5 years the snowmobile operation privileges of any person
convicted or found guilty of a felony under this Section.
(Source: P.A. 102-145, eff. 7-23-21; 102-813, eff. 5-13-22.)
(Text of Section after amendment by P.A. 101-652)
Sec. 5-7. Operating a snowmobile while under the influence
of alcohol or other drug or drugs, intoxicating compound or
compounds, or a combination of them; criminal penalties;
suspension of operating privileges.
(a) A person may not operate or be in actual physical
control of a snowmobile within this State while:
1. The alcohol concentration in that person's blood,
other bodily substance, or breath is a concentration at
which driving a motor vehicle is prohibited under
subdivision (1) of subsection (a) of Section 11-501 of the

Illinois Vehicle Code;
2. The person is under the influence of alcohol;
3. The person is under the influence of any other drug
or combination of drugs to a degree that renders that
person incapable of safely operating a snowmobile;
3.1. The person is under the influence of any
intoxicating compound or combination of intoxicating
compounds to a degree that renders the person incapable of
safely operating a snowmobile;
4. The person is under the combined influence of
alcohol and any other drug or drugs or intoxicating
compound or compounds to a degree that renders that person
incapable of safely operating a snowmobile;
4.3. The person who is not a CDL holder has a
tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance at which driving a motor
vehicle is prohibited under subdivision (7) of subsection
(a) of Section 11-501 of the Illinois Vehicle Code;
4.5. The person who is a CDL holder has any amount of a
drug, substance, or compound in the person's breath,
blood, other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act; or
5. There is any amount of a drug, substance, or
compound in that person's breath, blood, other bodily
substance, or urine resulting from the unlawful use or

consumption of a controlled substance listed in the
Illinois Controlled Substances Act, methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act, or intoxicating compound listed in the use
of Intoxicating Compounds Act.
(b) The fact that a person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, any intoxicating compound or compounds, or any
combination of them does not constitute a defense against a
charge of violating this Section.
(c) Every person convicted of violating this Section or a
similar provision of a local ordinance is guilty of a Class A
misdemeanor, except as otherwise provided in this Section.
(c-1) As used in this Section, "first time offender" means
any person who has not had a previous conviction or been
assigned supervision for violating this Section or a similar
provision of a local ordinance, or any person who has not had a
suspension imposed under subsection (e) of Section 5-7.1.
(c-2) For purposes of this Section, the following are
equivalent to a conviction:
(1) an unvacated revocation of pretrial release a
violation of the terms of pretrial release when the court
has not relieved the defendant of complying with the terms
of pretrial release; or
(2) the failure of a defendant to appear for trial.
(d) Every person convicted of violating this Section is

guilty of a Class 4 felony if:
1. The person has a previous conviction under this
Section;
2. The offense results in personal injury where a
person other than the operator suffers great bodily harm
or permanent disability or disfigurement, when the
violation was a proximate cause of the injuries. A person
guilty of a Class 4 felony under this paragraph 2, if
sentenced to a term of imprisonment, shall be sentenced to
not less than one year nor more than 12 years; or
3. The offense occurred during a period in which the
person's privileges to operate a snowmobile are revoked or
suspended, and the revocation or suspension was for a
violation of this Section or was imposed under Section
5-7.1.
(e) Every person convicted of violating this Section is
guilty of a Class 2 felony if the offense results in the death
of a person. A person guilty of a Class 2 felony under this
subsection (e), if sentenced to a term of imprisonment, shall
be sentenced to a term of not less than 3 years and not more
than 14 years.
(e-1) Every person convicted of violating this Section or
a similar provision of a local ordinance who had a child under
the age of 16 on board the snowmobile at the time of offense
shall be subject to a mandatory minimum fine of $500 and shall
be subject to a mandatory minimum of 5 days of community

service in a program benefiting children. The assignment under
this subsection shall not be subject to suspension nor shall
the person be eligible for probation in order to reduce the
assignment.
(e-2) Every person found guilty of violating this Section,
whose operation of a snowmobile while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the
expense of an emergency response as provided in subsection (i)
of Section 11-501.01 of the Illinois Vehicle Code.
(e-3) In addition to any other penalties and liabilities,
a person who is found guilty of violating this Section,
including any person placed on court supervision, shall be
fined $100, payable to the circuit clerk, who shall distribute
the money to the law enforcement agency that made the arrest or
as provided in subsection (c) of Section 10-5 of the Criminal
and Traffic Assessment Act if the arresting agency is a State
agency, unless more than one agency is responsible for the
arrest, in which case the amount shall be remitted to each unit
of government equally. Any moneys received by a law
enforcement agency under this subsection (e-3) shall be used
to purchase law enforcement equipment or to provide law
enforcement training that will assist in the prevention of
alcohol related criminal violence throughout the State. Law
enforcement equipment shall include, but is not limited to,
in-car video cameras, radar and laser speed detection devices,

and alcohol breath testers.
(f) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend the snowmobile
operation privileges of a person convicted or found guilty of
a misdemeanor under this Section for a period of one year,
except that first-time offenders are exempt from this
mandatory one-year suspension.
(g) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend for a period of
5 years the snowmobile operation privileges of any person
convicted or found guilty of a felony under this Section.
(Source: P.A. 101-652, eff. 1-1-23; 102-145, eff. 7-23-21;
102-813, eff. 5-13-22.)
Section 60. The Criminal Code of 2012 is amended by
changing Section 32-10 as follows:
(720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
(Text of Section before amendment by P.A. 101-652)
Sec. 32-10. Violation of bail bond.
(a) Whoever, having been admitted to bail for appearance
before any court of this State, incurs a forfeiture of the bail
and knowingly fails to surrender himself or herself within 30
days following the date of the forfeiture, commits, if the
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; 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
bail bond by possessing a firearm in violation of his or her
conditions of 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 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 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 shall be served consecutive to the sentence imposed
for the charge for which bail had been granted and with respect
to which the defendant has been convicted.
(Source: P.A. 97-1108, eff. 1-1-13.)
(Text of Section after amendment by P.A. 101-652)
Sec. 32-10. Violation of conditions of pretrial release.
(a)(Blank). Whoever, having been released pretrial under
conditions for appearance before any court of this State,
incurs a violation of conditions of pretrial release and
knowingly fails to surrender himself or herself within 30 days
following the date of the violation, commits, if the
conditions of pretrial release was given in connection with a
charge of felony or pending appeal or certiorari after
conviction of any offense, a Class A misdemeanor if the
underlying offense was a felony. If the violation of pretrial
conditions were made in connection with a charge of committing
a misdemeanor, or for appearance as a witness, commits a Class
C misdemeanor.
(a-5) Any person who knowingly violates a condition of
pretrial release by possessing a firearm in violation of his
or her conditions of pretrial release commits a Class 4 felony

for a first violation and a Class 3 felony for a second or
subsequent violation.
(b) Whoever, having been released pretrial under
conditions 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 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 and may not be
released by law enforcement under 109-1 of the Code of
Criminal Procedure of 1963 prior to the court appearance.
(d) Nothing in this Section shall interfere with or
prevent the exercise by any court of its power to punish
punishment for contempt. Any sentence imposed for violation of
this Section may be served consecutive to the sentence imposed
for the charge for which pretrial release had been granted and

with respect to which the defendant has been convicted.
(Source: P.A. 101-652, eff. 1-1-23.)
(720 ILCS 5/32-15 rep.)
Section 65. The Criminal Code of 2012 is amended by
repealing Section 32-15.
Section 70. The Code of Criminal Procedure of 1963 is
amended by changing Sections 102-6, 102-7, 106D-1, 107-9,
109-1, 109-2, 109-3, 109-3.1, 110-1, 110-2, 110-3, 110-5,
110-5.2, 110-6, 110-6.1, 110-10, 110-12, and 113-3.1 and by
adding Sections 102-10.5, 102-14.5, 110-6.6, and 110-7.5 as
follows:
(725 ILCS 5/102-6) (from Ch. 38, par. 102-6)
(Text of Section before amendment by P.A. 101-652)
Sec. 102-6. "Bail". "Bail" means the amount of money set
by the court which is required to be obligated and secured as
provided by law for the release of a person in custody in order
that he will appear before the court in which his appearance
may be required and that he will comply with such conditions as
set forth in the bail bond.
(Source: Laws 1963, p. 2836.)
(Text of Section after amendment by P.A. 101-652)
Sec. 102-6. Pretrial release. "Pretrial release" has the

meaning ascribed to bail in Section 9 of Article I of the
Illinois Constitution where the sureties provided are
nonmonetary in nature that is non-monetary.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/102-7) (from Ch. 38, par. 102-7)
(Text of Section before amendment by P.A. 101-652)
Sec. 102-7. "Bail bond". "Bail bond" means 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.)
(Text of Section after amendment by P.A. 101-652)
Sec. 102-7. Conditions of pretrial release. "Conditions of
pretrial release" means the requirements imposed upon a
criminal defendant by the court under Section 110-5 the
conditions established by the court entered into by a person
in custody by which he binds himself to comply with such
conditions as are set forth therein.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/102-10.5 new)
Sec. 102-10.5. "Felony".
"Felony" has the meaning provided in Section 2-7 of the
Criminal Code of 2012.

(725 ILCS 5/102-14.5 new)
Sec. 102-14.5. "Misdemeanor".
"Misdemeanor" has the meaning provided in Section 2-11 of
the Criminal Code of 2012.
(725 ILCS 5/106D-1)
(Text of Section before amendment by P.A. 101-652)
Sec. 106D-1. Defendant's appearance by closed circuit
television and video conference.
(a) Whenever the appearance in person in court, in either
a civil or criminal proceeding, is required of anyone held in a
place of custody or confinement operated by the State or any of
its political subdivisions, including counties and
municipalities, the chief judge of the circuit by rule may
permit the personal appearance to be made by means of two-way
audio-visual communication, including closed circuit
television and computerized video conference, in the following
proceedings:
(1) the initial appearance before a judge on a
criminal complaint, at which 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 at which no witness testimony will
be taken conducted under the following:
(A) Section 104-20 of this Code (90-day hearings);
(B) Section 104-22 of this Code (trial with
special provisions and assistance);
(C) Section 104-25 of this Code (discharge
hearing); or
(D) Section 5-2-4 of the Unified Code of
Corrections (proceedings after acquittal by reason of
insanity).
(b) The two-way audio-visual communication facilities must
provide two-way audio-visual communication between the court
and the place of custody or confinement, and must include a
secure line over which the person in custody and his or her
counsel, if any, may communicate.
(c) Nothing in this Section shall be construed to prohibit
other court appearances through the use of two-way
audio-visual communication, upon waiver of any right the
person in custody or confinement may have to be present
physically.
(d) Nothing in this Section shall be construed to
establish a right of any person held in custody or confinement
to appear in court through two-way audio-visual communication

or to require that any governmental entity, or place of
custody or confinement, provide two-way audio-visual
communication.
(Source: P.A. 102-486, eff. 8-20-21; 102-813, eff. 5-13-22.)
(Text of Section after amendment by P.A. 101-652)
Sec. 106D-1. Defendant's appearance by two-way
audio-visual communication system closed circuit television
and video conference.
(a) Whenever the appearance in person in court, in either
a civil or criminal proceeding, is required of anyone held in a
place of custody or confinement operated by the State or any of
its political subdivisions, including counties and
municipalities, the chief judge of the circuit by rule may
permit the personal appearance to be made by means of a two-way
audio-visual communication system, including closed circuit
television and computerized video conference, in the following
proceedings:
(1) the initial appearance before a judge on a
criminal complaint as provided in subsection (f) of
Section 109-1 , at which the conditions of pretrial release
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 at which no witness testimony will
be taken conducted under the following:
(A) Section 104-20 of this Code (90-day hearings);
(B) Section 104-22 of this Code (trial with
special provisions and assistance);
(C) Section 104-25 of this Code (discharge
hearing); or
(D) Section 5-2-4 of the Unified Code of
Corrections (proceedings after acquittal by reason of
insanity).
(b) The two-way audio-visual communication facilities must
provide two-way audio-visual communication between the court
and the place of custody or confinement, and must include a
secure line over which the person in custody and his or her
counsel, if any, may communicate.
(c) Nothing in this Section shall be construed to prohibit
other court appearances through the use of a two-way
audio-visual communication system if the person in custody or
confinement waives the right to be present physically in
court, the court determines that the physical health and
safety of any person necessary to the proceedings would be
endangered by appearing in court, or the chief judge of the

circuit orders use of that system due to operational
challenges in conducting the hearing in person , upon waiver of
any right the person in custody or confinement may have to be
present physically. Such operational challenges must be
documented and approved by the chief judge of the circuit, and
a plan to address the challenges through reasonable efforts
must be presented and approved by the Administrative Office of
the Illinois Courts every 6 months.
(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 a two-way audio-visual
communication system or to require that any governmental
entity, or place of custody or confinement, provide a two-way
audio-visual communication system.
(Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21;
102-813, eff. 5-13-22.)
(725 ILCS 5/107-9) (from Ch. 38, par. 107-9)
(Text of Section before amendment by P.A. 101-652)
Sec. 107-9. Issuance of arrest warrant upon complaint.
(a) When a complaint is presented to a court charging that
an offense has been committed it shall examine upon oath or
affirmation the complainant or any witnesses.
(b) The complaint shall be in writing and shall:
(1) State the name of the accused if known, and if not
known the accused may be designated by any name or

description by which he can be identified with reasonable
certainty;
(2) State the offense with which the accused is
charged;
(3) State the time and place of the offense as
definitely as can be done by the complainant; and
(4) Be subscribed and sworn to by the complainant.
(b-5) If an arrest warrant is sought and the request is
made by electronic means that has a simultaneous video and
audio transmission between the requester and a judge, the
judge may issue an arrest warrant based upon a sworn complaint
or sworn testimony communicated in the transmission.
(c) A warrant shall be issued by the court for the arrest
of the person complained against if it appears from the
contents of the complaint and the examination of the
complainant or other witnesses, if any, that the person
against whom the complaint was made has committed an offense.
(d) The warrant of arrest shall:
(1) Be in writing;
(2) Specify the name, sex and birth date of the person
to be arrested or if his name, sex or birth date is
unknown, shall designate such person by any name or
description by which he can be identified with reasonable
certainty;
(3) Set forth the nature of the offense;
(4) State the date when issued and the municipality or

county where issued;
(5) Be signed by the judge of the court with the title
of his office;
(6) Command that the person against whom the complaint
was made be arrested and brought before the court issuing
the warrant or if he is absent or unable to act before the
nearest or most accessible court in the same county;
(7) Specify the 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.)
(Text of Section after amendment by P.A. 101-652)
Sec. 107-9. Issuance of arrest warrant upon complaint.
(a) When a complaint is presented to a court charging that

an offense has been committed, it shall examine upon oath or
affirmation the complainant or any witnesses.
(b) The complaint shall be in writing and shall:
(1) State the name of the accused if known, and if not
known the accused may be designated by any name or
description by which he can be identified with reasonable
certainty;
(2) State the offense with which the accused is
charged;
(3) State the time and place of the offense as
definitely as can be done by the complainant; and
(4) Be subscribed and sworn to by the complainant.
(b-5) If an arrest warrant or summons 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 or summons based
upon a sworn complaint or sworn testimony communicated in the
transmission.
(c) A warrant or summons may shall be issued by the court
for the arrest or appearance 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 or summons shall:
(1) Be in writing;

(2) Specify the name, sex and birth date of the person
to be arrested or summoned or, if his name, sex or birth
date is unknown, shall designate such person by any name
or description by which the person he can be identified
with reasonable certainty;
(3) Set forth the nature of the offense;
(4) State the date when issued and the municipality or
county where issued;
(5) Be signed by the judge of the court with the title
of the judge's his office; and
(6) Command that the person against whom the complaint
was made to be arrested and brought before the court
issuing the warrant or the nearest or most accessible
court in the same county, or appear before the court at a
certain time and place; 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, if
any; and
(8) Specify any geographical limitation placed on the
execution of the warrant, if any, but such limitation
shall not be expressed in mileage.
(e) The summons may be served in the same manner as the
summons in a civil action, except that a police officer may
serve a summons for a violation of an ordinance occurring
within the municipality of the police officer.

(f) If the person summoned fails to appear by the date
required or cannot be located to serve the summons, a warrant
may be issued by the court for the arrest of the person
complained against.
(g) A warrant of arrest issued under this Section shall
incorporate the information included in the summons, and shall
comply with the following:
(1) The arrest warrant shall specify any geographic
limitation placed on the execution of the warrant, but
such limitation shall not be expressed in mileage.
(2) (e) The arrest 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.
(h) (f) The arrest warrant or summons may be issued
electronically or electromagnetically by use of electronic
mail or a facsimile transmission machine and any such arrest
warrant or summons shall have the same validity as a written
arrest warrant or summons.
(Source: P.A. 101-239, eff. 1-1-20; 101-652, eff. 1-1-23.)
(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
(Text of Section before amendment by P.A. 101-652)

Sec. 109-1. Person arrested.
(a) A person arrested with or without a warrant 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 bail to the defendant may not be conducted by way of
closed circuit television.
(a-5) A person charged with an offense shall be allowed
counsel at the hearing at which 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) The judge shall:
(1) Inform the defendant of the charge against him and
shall provide him with a copy of the charge;
(2) 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 a preliminary hearing in appropriate
cases;
(4) Admit the defendant to bail in accordance with the
provisions of Article 110 of this Code; 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.
(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
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.
(Source: P.A. 102-813, eff. 5-13-22.)
(Text of Section after amendment by P.A. 101-652)
Sec. 109-1. Person arrested; release from law enforcement
custody and court appearance; geographic 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, within
48 hours, 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 audio-visual communication system closed
circuit television system, except that a hearing to deny
pretrial release to the defendant may not be conducted by
two-way audio-visual communication system unless the accused
waives the right to be present physically in court, the court
determines that the physical health and safety of any person
necessary to the proceedings would be endangered by appearing
in court, or the chief judge of the circuit orders use of that
system due to operational challenges in conducting the hearing
in person. Such operational challenges must be documented and
approved by the chief judge of the circuit, and a plan to
address the challenges through reasonable efforts must be
presented and approved by the Administrative Office of the
Illinois Courts every 6 months. 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 any offense that is not a felony or Class A
misdemeanor unless (i) a law enforcement officer reasonably
believes the accused poses a threat to the community or any
person, (ii) a custodial arrest is necessary because the
criminal activity persists after the issuance of a citation
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 (iii) the accused has an who have
no obvious medical or mental health issue issues that poses

pose a risk to the accused's their own safety. Nothing in this
Section requires arrest in the case of Class A misdemeanor and
felony offenses, or otherwise limits existing law enforcement
discretion to decline to effect a custodial arrest Those
released on citation shall be scheduled into court within 21
days.
(a-3) A person arrested with or without a warrant for an
offense for which pretrial release may not be denied may,
except as otherwise provided in this Code, be released by a law
enforcement 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 be 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 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 judge shall:
(1) inform the defendant of the charge against him and
shall provide him with a copy of the charge;
(2) 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 a preliminary hearing in appropriate
cases;
(4) admit the defendant to pretrial release in
accordance with the provisions of Article 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 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.
(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
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 subsection (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 two-way audio-video communication system unless
the accused waives the right to be present physically in
court, the court determines that the physical health and
safety of any person necessary to the proceedings would be

endangered by appearing in court, or the chief judge of the
circuit orders use of that system due to operational
challenges in conducting the hearing in person. Such
operational challenges must be documented and approved by the
chief judge of the circuit, and a plan to address the
challenges through reasonable efforts must be presented and
approved by the Administrative Office of the Illinois Courts
every 6 months. 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 the 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. If defense counsel
needs to confer or consult with the defendant during any
hearing conducted via a two-way audio-visual communication
system, such consultation shall not be recorded and shall be
undertaken consistent with constitutional protections.
(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22.)
(725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
(Text of Section before amendment by P.A. 101-652)
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. 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 provisions of Section 109-1 shall then apply to the
person so arrested.
(Source: P.A. 86-298.)
(Text of Section after amendment by P.A. 101-652)
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. 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 provisions of Section 109-1 shall then apply to the
person so arrested.
(c) If a person is taken before a judge in any county and a
warrant for arrest issued by another Illinois county exists
for that person, the court in the arresting county shall hold
for that person a detention hearing under Section 110-6.1, or
other hearing under Section 110-5 or Section 110-6. 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.
(d) After the court in the arresting county has determined
whether the person shall be released or detained on the
arresting offense, the court shall then order the sheriff to
immediately contact the sheriff in any county where any
warrant is outstanding and notify them of the arrest of the
individual.
(e) If a person has a warrant in another county for an
offense, then, no later than 5 calendar days after the end of
any detention issued on the charge in the arresting county,
the county where the warrant is outstanding shall do one of the
following:
(1) transport the person to the county where the
warrant was issued for a hearing under Section 110-6 or
110-6.1 in the matter for which the warrant was issued; or
(2) quash the warrant and order the person released on
the case for which the warrant was issued only when the
county that issued the warrant fails to transport the
defendant in the timeline as proscribed.
(f) If the issuing county fails to take any action under
subsection (e) within 5 calendar days, the defendant shall be
released from custody on the warrant, and the circuit judge or
associate circuit judge in the county of arrest shall set

conditions of release under Section 110-5 and shall admit the
defendant to pretrial release for his or her appearance before
the court named in the warrant. Upon releasing the defendant,
the circuit judge or associate circuit judge shall certify
such a fact on the warrant and deliver the warrant and the
acknowledgment by the defendant of his or her receiving the
conditions of pretrial release to the officer having charge of
the defendant from arrest and without delay deliver such
warrant and such acknowledgment by the defendant of his or her
receiving the conditions to the court before which the
defendant is required to appear.
(g) If a person has a warrant in another county, in lieu of
transporting the person to the issuing county as outlined in
subsection (e), the issuing county may hold the hearing by way
of a two-way audio-visual communication system if the accused
waives the right to be physically present in court, the court
determines that the physical health and safety of any person
necessary to the proceedings would be endangered by appearing
in court, or the chief judge of the circuit orders use of that
system due to operational challenges in conducting the hearing
in person. Such operational challenges must be documented and
approved by the chief judge of the circuit, and a plan to
address the challenges through reasonable efforts must be
presented and approved by the Administrative Office of the
Illinois Courts every 6 months.
(h) If more than 2 Illinois county warrants exist, the

judge in the county of arrest shall order that the process
described in subsections (d) through (f) occur in each county
in whatever order the judge finds most appropriate. Each judge
in each subsequent county shall then follow the rules in this
Section.
(i) This Section applies only to warrants issued by
Illinois state, county, or municipal courts.
(j) When an issuing agency is contacted by an out-of-state
agency of a person arrested for any offense, or when an
arresting agency is contacted by or contacts an out-of-state
issuing agency, the Uniform Criminal Extradition Act shall
govern.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/109-3) (from Ch. 38, par. 109-3)
(Text of Section before amendment by P.A. 101-652)
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
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 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.)

(Text of Section after amendment by P.A. 101-652)
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
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 commits a Class C misdemeanor 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.
(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. 101-652, eff. 1-1-23.)
(725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1)
(Text of Section before amendment by P.A. 101-652)
Sec. 109-3.1. Persons charged with felonies.
(a) In any case involving a person charged with a felony in
this State, 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 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 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.)
(Text of Section after amendment by P.A. 101-652)
Sec. 109-3.1. Persons charged with felonies.
(a) In any case involving a person charged with a felony in
this State, 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
released pretrial on pretrial release 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 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. 101-652, eff. 1-1-23.)
(725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
(Text of Section before amendment by P.A. 101-652)
Sec. 110-1. Definitions.
(a) "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.
(d) "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.
(Source: P.A. 85-892; 102-813, eff. 5-13-22.)
(Text of Section after amendment by P.A. 101-652)
Sec. 110-1. Definitions. As used in this Article:
(a) (Blank).
(b) "Sureties" encompasses the monetary and nonmonetary
requirements set by the court as conditions for release either
before or after conviction.
(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 in the Department of Corrections,
without probation, periodic imprisonment or conditional
discharge, is required by law upon conviction.
(d)(Blank).
(e) "Protective order" means any order of protection

issued under Section 112A-14 of this Code or the Illinois
Domestic Violence Act of 1986, a stalking no contact order
issued under Section 80 of the Stalking No Contact Order Act,
or a civil no contact order issued under Section 213 of the
Civil No Contact Order Act.
(f) (e) "Willful flight" means intentional conduct with a
purpose to thwart the judicial process to avoid prosecution.
Isolated instances of nonappearance in court alone are not
evidence of the risk of willful flight. Reoccurrence and
patterns of intentional conduct to evade prosecution, along
with any affirmative steps to communicate or remedy any such
missed court date, may be considered as factors in assessing
future intent to evade prosecution 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. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22.)
(725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
(Text of Section before amendment by P.A. 101-652)
Sec. 110-2. Release on own recognizance. 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
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 defendant may be released on his or her own recognizance.
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 for violation of the 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.
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 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 present a
danger to any person or the community and that the defendant
will comply with all conditions of bond.
The State may appeal any order permitting release by
personal recognizance.
(Source: P.A. 97-1150, eff. 1-25-13.)

(Text of Section after amendment by P.A. 101-652)
Sec. 110-2. Pretrial release. Release on own recognizance.
(a) All persons charged with an offense shall be eligible
for pretrial release before conviction. 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 214 of the Illinois
Domestic Violence Act of 1986, all civil no contact orders,
and all stalking no contact orders. Pretrial release may be
denied only if a person is charged with an offense listed in
Section 110-6.1 and after the court has held a hearing under
Section 110-6.1, and in a manner consistent with subsections
(b), (c), and (d) of this Section.
(b) At all pretrial hearings, the prosecution shall have
the burden to prove by clear and convincing evidence that any
condition of release is necessary. 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) When it is alleged that pretrial release should be

denied to a person upon the grounds that the person presents a
real and present threat to the safety of any person or persons
or the community, based on the specific articulable facts of
the case, the burden of proof of such allegations shall be upon
the State 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 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 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 for violation of the conditions of
pretrial release.
(d) When it is alleged that pretrial release should be
denied to a person charged with stalking or aggravated
stalking upon the grounds set forth in Section 110-6.3, the
burden of proof of those allegations shall be upon the State
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 on pretrial release by
nonmonetary means to reasonably ensure an eligible person's
appearance in court, the protection of the safety of any other
person or the community, that the person will not attempt or
obstruct the criminal justice process, and the person's
compliance with all conditions of release, while authorizing
the court, upon motion of a prosecutor, to order pretrial
detention of the person under Section 110-6.1 when it finds
clear and convincing evidence that no condition or combination
of conditions can reasonably ensure the effectuation of these
goals 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 a
danger to any person or the community and that the defendant
will comply with all conditions of pretrial release.

(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/110-3) (from Ch. 38, par. 110-3)
(Text of Section before amendment by P.A. 101-652)
Sec. 110-3. Issuance of warrant. Upon failure to comply
with any condition of a bail bond or recognizance, the court
having jurisdiction at the time of such failure may, in
addition to any other action provided by law, issue a warrant
for the arrest of the person at liberty on bail or his own
recognizance. The contents of such a warrant shall be the same
as required for an arrest warrant issued upon complaint. When
a defendant is at liberty on bail or his own recognizance on a
felony charge and fails to appear in court as directed, the
court shall issue a warrant for the arrest of such person. Such
warrant shall be noted with a directive to peace officers to
arrest the person and hold such person without bail and to
deliver such person before the court for further proceedings.
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 evidence
that his failure to appear was not intentional.
(Source: P.A. 102-813, eff. 5-13-22.)
(Text of Section after amendment by P.A. 101-652)
Sec. 110-3. Options for warrant alternatives.
(a) Upon failure to comply with any condition of pretrial

release or recognizance, the court having jurisdiction at the
time of such failure may, on its own motion or upon motion from
the State, issue a summons or 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 for the arrest of the person at liberty on pretrial
release. This Section shall be construed to effectuate the
goal of relying upon summonses rather than warrants to ensure
the appearance of the defendant in court whenever possible.
The contents of such a summons or warrant shall be the same as
required for those issued upon complaint under Section 107-9.
under subsection (c) upon failure to comply with any condition
of pretrial release or recognizance.
(b) A defendant who appears in court on the date assigned
or within 48 hours of service, whichever is later, in response
to a summons issued for failure to appear in court, shall not
be recorded in the official docket as having failed to appear
on the initial missed court date. If a person fails to appear
in court on the date listed on the summons, the court may issue
a warrant for the person's arrest.
(c) For the purpose of any risk assessment or future
evaluation of risk of willful flight or risk of failure to
appear, a nonappearance in court cured by an appearance in
response to a summons shall not be considered as evidence of
future likelihood of appearance in court.

(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
action provided by law, issue a warrant for the arrest of the
person at liberty on pretrial release. 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 or his own recognizance on a felony charge and fails to
appear in court as directed, the court may 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 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 of appearance
in court.
(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22.)
(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
(Text of Section before amendment by P.A. 101-652)
Sec. 110-5. Determining the amount of bail and conditions
of release.
(a) In determining the amount of monetary bail or
conditions of 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 bail, the court
shall, on the basis of available information, take into
account such matters as the nature and circumstances of the
offense charged, whether the evidence shows that as part of
the offense there was a use of violence or threatened use of
violence, whether the offense 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 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 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 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 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
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.
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 or
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.
(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 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
alleged victim or a termination of the relationship
between the person and the alleged victim has recently
occurred or is pending;

(10) whether the person has exhibited obsessive or
controlling behaviors toward the alleged victim,
including, but not limited to, stalking, surveillance, or
isolation of the alleged victim or victim's family member
or members;
(11) whether the person has expressed suicidal or
homicidal ideations;
(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
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.
(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
102-813, eff. 5-13-22.)
(Text of Section after amendment by P.A. 101-652)
Sec. 110-5. Determining the amount of bail and conditions
of release.
(a) In determining which conditions of pretrial release,
if any, will reasonably ensure 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, 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:
(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 real and present
threat to the safety of any person or persons or the
community, based on the specific articulable facts of the
case, 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; .
(6) when a person is charged with a violation of a
protective order, domestic battery, aggravated domestic
battery, kidnapping, aggravated kidnaping, unlawful

restraint, aggravated unlawful restraint, cyberstalking,
harassment by telephone, harassment through electronic
communications, or an attempt to commit first degree
murder committed against a spouse or a current or former
partner in a cohabitation or dating relationship,
regardless of whether an order of protection has been
issued against the person, the court may consider the
following additional factors:
(A) whether the alleged incident involved
harassment or abuse, as defined in the Illinois
Domestic Violence Act of 1986;
(B) whether the person has a history of domestic
violence, as defined in the Illinois Domestic Violence
Act of 1986, or a history of other criminal acts;
(C) the mental health of the person;
(D) whether the person has a history of violating
the orders of any court or governmental entity;
(E) whether the person has been, or is,
potentially a threat to any other person;
(F) whether the person has access to deadly
weapons or a history of using deadly weapons;
(G) whether the person has a history of abusing
alcohol or any controlled substance;
(H) 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;
(I) whether a separation of the person from the
victim of abuse or a termination of the relationship
between the person and the victim of abuse has
recently occurred or is pending;
(J) whether the person has exhibited obsessive or
controlling behaviors toward the victim of abuse,
including, but not limited to, stalking, surveillance,
or isolation of the victim of abuse or the victim's
family member or members;
(K) whether the person has expressed suicidal or
homicidal ideations; and
(L) 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.
(7) 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 factors listed in paragraph (6) and
the following additional factors:
(A) 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;
(B) 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 of any such history;
(C) the nature of the threat that is the basis of
the charge against the defendant;
(D) any statements made by, or attributed to, the
defendant, together with the circumstances surrounding
them;
(E) the age and physical condition of any person
allegedly assaulted by the defendant;
(F) whether the defendant is known to possess or
have access to any weapon or weapons; and
(G) 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.
(b) The court may use a regularly validated risk
assessment tool to aid its determination of appropriate
conditions of release as provided under Section 110-6.4. 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.
(c) (b) The court shall impose any conditions that are
mandatory under subsection (a) of Section 110-10. The court
may impose any conditions that are permissible under
subsection (b) of Section 110-10. The conditions of release
imposed shall be the least restrictive conditions or
combination of conditions necessary to reasonably ensure the
appearance of the defendant as required or the safety of any
other person or persons or the community.
(b-5) 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 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
of abuse or a termination of the relationship between the
person and the victim of abuse has recently occurred or is
pending;
(10) whether the person has exhibited obsessive or
controlling behaviors toward the victim of abuse,
including, but not limited to, stalking, surveillance, or

isolation of the victim of abuse 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.
(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
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) When a person is charged with a violation of a
protective order, the court may order the defendant placed
under electronic surveillance as a condition of pretrial
release, as provided in Section 5-8A-7 of the Unified Code of
Corrections, based on the information collected under
paragraph (6) of subsection (a) of this Section, the results
of any assessment conducted, or other circumstances of the
violation The Court may use a regularly validated risk
assessment tool to aid its 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 48 hours
after his or her pretrial conditions hearing after having been
ordered 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 ensure 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 the 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, and with
sufficient time for meaningful attorney-client contact to
gather information in order to advocate effectively for the
defendant's pretrial release, the court 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. Defense counsel shall have access to the same
documentary information relied upon by the prosecution and

presented to the court.
(f-5) At each subsequent appearance of the defendant
before the court, the judge must find that the current
conditions imposed are necessary to reasonably ensure the
appearance of the defendant as required, the safety of any
other person, and the compliance of the defendant with all the
conditions of pretrial release. The court is not required to
be presented with new information or a change in circumstance
to remove pretrial conditions.
(g) Electronic monitoring, GPS monitoring, or home
confinement can only be imposed as a 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.
(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
home confinement that program, at the same rate described in
subsection (b) of Section 5-4.5-100 of the Unified Code of
Corrections. The court may give custodial credit to a
defendant for each day the defendant was subjected to GPS
monitoring without home confinement or electronic monitoring
without home confinement.

(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. This subsection takes effect January 1,
2022.
(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 a protective order an order of
protection under Article 112A of this Code.
(k) The State and defendants may appeal court orders
imposing conditions of pretrial release.
(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
(725 ILCS 5/110-5.2)
(Text of Section before amendment by P.A. 101-652)
Sec. 110-5.2. Bail; pregnant pre-trial 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.
(Source: P.A. 100-630, eff. 1-1-19.)

(Text of Section after amendment by P.A. 101-652)
Sec. 110-5.2. Pretrial release; pregnant pre-trial
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 alleviate a real and present threat to
the safety of any person or persons or the community, based on
the specific articulable facts of the case, or prevent the
defendant's willful flight 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) the pregnant pretrial detainee is charged with an
offense for which pretrial release may be denied under
Section 110-6.1; and 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) after a hearing under Section 110-6.1 that
considers the circumstances of the pregnancy, the court

determines that continued detention is the only way to
prevent a real and present threat to the safety of any
person or persons or the community, based on the specific
articulable facts of the case, or prevent the defendant's
willful flight 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) Electronic Monitoring may be ordered by the court only
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. All pregnant
people or those who have given birth within 6 weeks shall be
granted ample movement to attend doctor's appointments and for
emergencies related to the health of the pregnancy, infant, or
postpartum person. 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.
(Source: P.A. 100-630, eff. 1-1-19; 101-652, eff. 1-1-23.)

(725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
(Text of Section before amendment by P.A. 101-652)
Sec. 110-6. Modification of bail or conditions.
(a) 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
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).
(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.
(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
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 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.
(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.
(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.)
(Text of Section after amendment by P.A. 101-652)
Sec. 110-6. Revocation of pretrial release, modification
of conditions of pretrial release, and sanctions for
violations of conditions of pretrial release.
(a) When a defendant has previously been granted pretrial
release under this Section for a felony or Class A
misdemeanor, that pretrial release may be revoked only if the
defendant is charged with a felony or Class A misdemeanor that
is alleged to have occurred during the defendant's pretrial
release after a hearing on the court's own motion or upon the
filing of a verified petition by the State.
When a defendant released pretrial is charged with a
violation of a protective order or was previously convicted of
a violation of a protective order and the subject of the
protective order is the same person as the victim in the
current underlying matter, the State shall file a verified
petition seeking revocation of pretrial release.
Upon the filing of a petition or upon motion of the court
seeking revocation, the court shall order the transfer of the
defendant and the petition or motion to the court before which
the previous felony or Class A misdemeanor is pending. The

defendant may be held in custody 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, and the revocation hearing shall
occur within 72 hours of the filing of the State's petition or
the court's motion for revocation.
A hearing at which pretrial release may be revoked must be
conducted in person (and not by way of two-way audio-visual
communication) unless the accused waives the right to be
present physically in court, the court determines that the
physical health and safety of any person necessary to the
proceedings would be endangered by appearing in court, or the
chief judge of the circuit orders use of that system due to
operational challenges in conducting the hearing in person.
Such operational challenges must be documented and approved by
the chief judge of the circuit, and a plan to address the
challenges through reasonable efforts must be presented and
approved by the Administrative Office of the Illinois Courts
every 6 months.
The court before which the previous felony matter or Class
A misdemeanor is pending may revoke the defendant's pretrial
release after a hearing. During the hearing for revocation,
the defendant shall be represented by counsel and have an
opportunity to be heard regarding the violation and evidence
in mitigation. The court shall consider all relevant
circumstances, including, but not limited to, the nature and

seriousness of the violation or criminal act alleged. The
State shall bear the burden of proving, by clear and
convincing evidence, that no condition or combination of
conditions of release would reasonably ensure the appearance
of the defendant for later hearings or prevent the defendant
from being charged with a subsequent felony or Class A
misdemeanor.
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 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 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
pretrial release pursuant to Section section 110-5 and release
the defendant with or without modification of conditions of
pretrial release.
(7) Both the State state and the defendant defense may
appeal an order revoking pretrial release or denying a
petition for revocation of release.
(b) If a defendant previously has been granted pretrial
release under this Section for a Class B or Class C misdemeanor
offense, a petty or business offense, or an ordinance
violation and if the defendant is subsequently charged with a

felony that is alleged to have occurred during the defendant's
pretrial release or a Class A misdemeanor offense that is
alleged to have occurred during the defendant's pretrial
release, such pretrial release may not be revoked, but the
court may impose sanctions under subsection (c).
(c) The court shall follow the procedures set forth in
Section 110-3 to ensure the defendant's appearance in court if
the defendant:
(1) fails to appear in court as required by the
defendant's conditions of release;
(2) is charged with a felony or Class A misdemeanor
offense that is alleged to have occurred during the
defendant's pretrial release after having been previously
granted pretrial release for a Class B or Class C
misdemeanor, a petty or business offense, or an ordinance
violation that is alleged to have occurred during the
defendant's pretrial release;
(3) is charged with a Class B or C misdemeanor
offense, petty or business offense, or ordinance violation
that is alleged to have occurred during the defendant's
pretrial release; or
(4) violates any other condition of pretrial release
set by the court.
In response to a violation described in this subsection,
the court may issue a warrant specifying that the defendant
must appear before the court for a hearing for sanctions and

may not be released by law enforcement before that appearance.
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
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 pursuant to a
summons or warrant issued in accordance with Section 110-3 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
that is alleged to have occurred during the defendant's
pretrial release other than a felony or class A misdemeanor,
the State 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 State

shall bear the burden of proving The court shall only impose
sanctions if it finds by clear and convincing evidence that:
(1) the 1. The defendant committed an act that
violated a term of the defendant's their pretrial release;
(2) the 2. The defendant had actual knowledge that the
defendant's their action would violate a court order;
(3) the 3. The violation of the court order was
willful; and
(4) the 4. The violation was not caused by a lack of
access to financial monetary resources.
(f) Sanctions: sanctions for violations of pretrial
release may include:
(1) a 1. A verbal or written admonishment from the
court;
(2) imprisonment 2. Imprisonment in the county jail
for a period not exceeding 30 days;
(3) (Blank) 3. A fine of not more than $200; or
(4) a 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 this
subsection 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 pretrial release 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) (c-1) of the Rights of Crime Victims and Witnesses Act.
(h) Notice to Victims: Crime victims Victims shall be
given notice by the State's Attorney's office of all hearings
under in this Section 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 hearings hearing to obtain a protective order an
order of protection under Article 112A of this Code.
(i) Nothing in this Section shall be construed to limit
the State's ability to file a verified petition seeking denial
of pretrial release under subsection (a) of Section 110-6.1 or
subdivision (d)(2) of Section 110-6.1.
(j) At each subsequent appearance of the defendant before
the court, the judge must find that continued detention under
this Section is necessary to reasonably ensure the appearance
of the defendant for later hearings or to prevent the

defendant from being charged with a subsequent felony or Class
A misdemeanor.
(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19;
101-652, eff. 1-1-23; revised 2-28-22.)
(725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
(Text of Section before amendment by P.A. 101-652)
Sec. 110-6.1. Denial of bail in non-probationable felony
offenses.
(a) Upon verified petition by the State, the court shall
hold a hearing to determine whether bail should be denied to a
defendant who is charged with a felony offense for which a
sentence of imprisonment, without probation, periodic
imprisonment or conditional discharge, is required by law upon
conviction, when it is alleged that the defendant's admission
to bail poses a real and present threat to the physical safety
of any person or persons.
(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) 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 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 any person or persons, by conduct
which may include, but is not limited to, a forcible
felony, the obstruction of justice, intimidation, injury,
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 reasonably assure the physical
safety of any other person or persons.
(c) Conduct of the hearings.
(1) The hearing on the defendant's culpability and

dangerousness shall be conducted in accordance with the
following provisions:
(A) Information used by the court in its findings
or stated in or offered at such hearing may be by way
of proffer based upon reliable information offered by
the State or by defendant. Defendant has the right to
be represented by counsel, and if he is indigent, to
have counsel appointed for him. Defendant shall have
the opportunity to testify, to present witnesses in
his own behalf, and to cross-examine witnesses if any
are called by the State. The defendant has the right to
present witnesses in his favor. When the ends of
justice so require, the court may 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. 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 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.
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.
(B) A motion by the defendant to suppress evidence
or to suppress a confession shall not be entertained.
Evidence that proof may have been obtained as the
result of an unlawful search and seizure or through
improper interrogation is not relevant to this state
of the prosecution.
(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.
(d) Factors to be considered in making a determination of

dangerousness. The court may, in determining whether the
defendant poses a real and present threat to the physical
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.
(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
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) Whether the defendant is known to possess or have
access to any weapon or weapons;
(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;
(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
reputation for violent, abusive or assaultive behavior, or
lack of such behavior.
(e) Detention order. The court shall, in any order for
detention:
(1) briefly summarize the evidence of the defendant's
culpability and its reasons for concluding that the
defendant should be 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 choice by visitation,
mail and telephone; and

(4) direct that the sheriff deliver the defendant as
required for appearances in connection with court
proceedings.
(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 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.
(g) Rights of the defendant. Any person shall be entitled
to appeal any order entered under this Section denying bail to
the defendant.
(h) The State may appeal any order entered under this
Section denying any motion for denial of bail.
(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.
(Source: P.A. 98-558, eff. 1-1-14.)
(Text of Section after amendment by P.A. 101-652)
Sec. 110-6.1. Denial of pretrial release.
(a) Upon verified petition by the State, the court shall

hold a hearing and may deny a defendant pretrial release only
if:
(1) the defendant is charged with a forcible felony
offense other than a forcible felony for which, based on
the charge or the defendant's criminal history, a sentence
of imprisonment, without probation, periodic imprisonment
or conditional discharge, is required by law upon
conviction, and it is alleged that the defendant's
pretrial release poses a real and present threat to the
safety of any person or persons or the community, based on
the specific articulable facts of the case specific, real
and present threat to any person or the community.;
(1.5) the defendant's pretrial release poses a real
and present threat to the safety of any person or persons
or the community, based on the specific articulable facts
of the case, and the defendant is charged with a forcible
felony, which as used in this Section, means treason,
first degree murder, second degree murder, predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, armed robbery,
aggravated robbery, robbery, burglary where there is use
of force against another person, residential burglary,
home invasion, vehicular invasion, aggravated arson,
arson, aggravated kidnaping, kidnaping, aggravated battery
resulting in great bodily harm or permanent disability or
disfigurement or any other felony which involves the

threat of or infliction of great bodily harm or permanent
disability or disfigurement;
(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 safety of a victim of the alleged offense,
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;
(3) the defendant 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, a stalking no contact order under Section 80 of
the Stalking No Contact Order Act, or of a civil no contact
order under Section 213 of the Civil No Contact Order Act,
and it is alleged that the defendant's pretrial release
poses a real and present threat to the safety of any person
or persons or the community, based on the specific
articulable facts of the case; 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 safety of any person or persons or the
community, based on the specific articulable facts of the
case real and present threat to the physical safety of any
person or persons;
(5) the defendant is charged with any offense under
Article 11 of the Criminal Code of 2012, except for
Sections 11-14, 11-14.1, 11-18, 11-20, 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 safety of any person or persons or
the community, based on the specific articulable facts of
the case real and present threat to the physical safety of
any person or persons;
(6) the defendant is charged with any of the following
offenses these violations under the Criminal Code of 2012,
and it is alleged that the defendant's pretrial release
releases poses a real and present threat to the safety of
any person or persons or the community, based on the
specific articulable facts of the case: 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
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);
(P) Section 9-3 (reckless homicide and involuntary
manslaughter);
(Q) Section 19-3 (residential burglary);
(R) Section 10-5 (child abduction);
(S) Felony violations of Section 12C-5 (child
endangerment);

(T) Section 12-7.1 (hate crime);
(U) Section 10-3.1 (aggravated unlawful
restraint);
(V) Section 12-9 (threatening a public official);
(W) Subdivision (f)(1) of Section 12-3.05
(aggravated battery with a deadly weapon other than by
discharge of a firearm);
(6.5) the defendant is charged with any of the
following offenses, and it is alleged that the defendant's
pretrial release poses a real and present threat to the
safety of any person or persons or the community, based on
the specific articulable facts of the case:
(A) Felony violations of Sections 3.01, 3.02, or
3.03 of the Humane Care for Animals Act (cruel
treatment, aggravated cruelty, and animal torture);
(B) Subdivision (d)(1)(B) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence while operating a school bus with
passengers);
(C) Subdivision (d)(1)(C) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence causing great bodily harm);
(D) Subdivision (d)(1)(D) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence after a previous reckless homicide
conviction);

(E) Subdivision (d)(1)(F) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence leading to death); or
(F) Subdivision (d)(1)(J) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence that resulted in bodily harm to a child
under the age of 16);
(7) the defendant is charged with an attempt to commit
any charge listed in paragraphs (1) through (6.5), and it
is alleged that the defendant's pretrial release poses a
real and present threat to the safety of any person or
persons or the community, based on the specific
articulable facts of the case; or
(8) (7) the person has a high likelihood of willful
flight to avoid prosecution and is charged with:
(A) Any felony described in subdivisions Sections
(a)(1) through (a)(7) (5) of this Section; or
(B) A felony offense other than a Class 4 offense.
(b) If the charged offense is a felony, as part of the
detention hearing, the court shall 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 hearing pursuant to Section 109-3 of this
Code has already been held or a grand jury 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 and granted, the
hearing shall be held within 48 hours of the defendant's
first appearance if the defendant is charged with first
degree murder or 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
shall state the grounds upon which it contends the
defendant should be denied pretrial release, including the

real and present threat to the safety of any person or
persons or the community, based on the specific
articulable facts or flight risk, as appropriate identity
of the specific person or persons the State believes the
defendant poses a danger to.
(2) If the State seeks to file a second or subsequent
petition under this Section, the State shall be required
to present a verified application setting forth in detail
any new facts not known or obtainable at the time of the
filing of the previous petition 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:
(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), and
(2) for offenses listed in paragraphs (1) through (7)
of subsection (a), the defendant poses a real and present
threat to the safety of any person or persons or the
community, based on the specific articulable facts of the
case, real and present threat to the safety of a specific,
identifiable person or persons, by conduct which may
include, but is not limited to, a forcible felony, the
obstruction of justice, intimidation, injury, or abuse as
defined by paragraph (1) of Section 103 of the Illinois

Domestic Violence Act of 1986, and
(3) no condition or combination of conditions set
forth in subsection (b) of Section 110-10 of this Article
can mitigate (i) the real and present threat to the safety
of any person or persons or the community, based on the
specific articulable facts of the case, for offenses
listed in paragraphs (1) through (7) of subsection (a),
real and present threat to the safety of any person or
persons or (ii) the defendant's willful flight for
offenses listed in paragraph (8) of subsection (a), and
(4) for offenses under subsection (b) of Section 407
of the Illinois Controlled Substances Act that are subject
to paragraph (1) of subsection (a), 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 person or persons or
the community, based on the specific articulable facts of
the case, and the defendant poses a serious risk to not
appear in court as required.
(f) Conduct of the hearings.
(1) Prior to the hearing, the State shall tender to
the defendant copies of the 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 prosecutor's 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.
(2) The State or defendant may present evidence at the
hearing by way of proffer based upon reliable information.
(3) The 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 shall have the
opportunity to testify, to present witnesses on his or her
own behalf, and to cross-examine any witnesses that are
called by the State. Defense counsel shall be given
adequate opportunity to confer with the defendant before
any hearing at which conditions of release or the
detention of the defendant are to be considered, with an
accommodation for a physical condition made to facilitate
attorney/client consultation. If defense counsel needs to
confer or consult with the defendant during any hearing
conducted via a two-way audio-visual communication system,
such consultation shall not be recorded and shall be
undertaken consistent with constitutional protections.
(3.5) A hearing at which pretrial release may be
denied must be conducted in person (and not by way of
two-way audio visual communication) unless the accused
waives the right to be present physically in court, the
court determines that the physical health and safety of
any person necessary to the proceedings would be

endangered by appearing in court, or the chief judge of
the circuit orders use of that system due to operational
challenges in conducting the hearing in person. Such
operational challenges must be documented and approved by
the chief judge of the circuit, and a plan to address the
challenges through reasonable efforts must be presented
and approved by the Administrative Office of the Illinois
Courts every 6 months.
(4) If the defense seeks to compel call the
complaining witness to testify as a witness in its favor,
it shall petition the court for permission. When the ends
of justice so require, the court may exercise 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 only on the issue of the defendant's
pretrial detention. In making a determination under this
Section 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 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, if any, of
the defendant's criminal history, if available, and any
written or recorded statements and the substance of any
oral statements made by any person, if in the State's
Attorney's possession at the time of the hearing.
(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 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 defendant may not move to suppress evidence or
a confession, however, evidence that proof of the charged
crime may have been the result of an unlawful search or
seizure, or both, or through improper interrogation, is
relevant in assessing the weight of the evidence against
the defendant.

(7) Decisions regarding release, conditions of
release, and detention prior to trial must should be
individualized, and no single factor or standard may
should be used exclusively to order make a condition or
detention decision. Risk assessment tools may not be used
as the sole basis to deny pretrial release.
(g) Factors to be considered in making a determination of
dangerousness. The court may, in determining whether the
defendant poses a real and present threat to the safety of any
person or persons or the community, based on the specific
articulable facts of the case, specific, imminent threat of
serious physical harm to an identifiable 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
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 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) 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) 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
reputation for violent, abusive, or assaultive behavior,
or lack of such behavior.
(h) Detention order. The court shall, in any order for

detention:
(1) make a written finding summarizing briefly
summarize the evidence of the defendant's guilt or
innocence, and the court's reasons for concluding that the
defendant should be denied pretrial release, including why
less restrictive conditions would not avoid a real and
present threat to the safety of any person or persons or
the community, based on the specific articulable facts of
the case, or prevent the defendant's willful flight from
prosecution;
(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. 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 90 day period

required by the preceding sentence, he shall not be denied
pretrial release. In computing the 90-day 90 day period, the
court shall omit any period of delay resulting from a
continuance granted at the request of the defendant and any
period of delay resulting from a continuance granted at the
request of the State with good cause shown pursuant to Section
103-5.
(i-5) At each subsequent appearance of the defendant
before the court, the judge must find that continued detention
is necessary to avoid a real and present threat to the safety
of any person or persons or the community, based on the
specific articulable facts of the case, or to prevent the
defendant's willful flight from prosecution.
(j) Rights of the defendant. The defendant Any person
shall be entitled to appeal any order entered under this
Section denying his or her pretrial release to the defendant.
(k) Appeal. The State may appeal any order entered under
this Section denying any motion for denial of pretrial
release.
(l) Presumption of innocence. 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) Interest of victims 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 a protective order an order of
protection under Article 112A of this Code.
(2) If the defendant is denied pretrial release, 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. 101-652, eff. 1-1-23; revised 2-28-22.)
(725 ILCS 5/110-6.6 new)
Sec. 110-6.6. Appeals.
(a) Appeals under this Article shall be governed by
Supreme Court Rules.
(b) If a hearing under this Article is conducted by means
of two-way audio-visual communication or other electronic
recording system, the audio-visual recording shall be entered
into the record as the transcript for purposes of the appeals
described in subsection (a). Nothing in this Section prohibits
a transcription by a court reporter from also being entered
into the record.
(725 ILCS 5/110-7.5 new)
Sec. 110-7.5. Previously deposited bail security.
(a) On or after January 1, 2023, any person having been
previously released pretrial on the condition of the deposit

of security shall be allowed to remain on pretrial release
under the terms of their original bail bond. This Section
shall not limit the State's Attorney's ability to file a
verified petition for detention under Section 110-6.1 or a
petition for revocation or sanctions under Section 110-6.
(b) On or after January 1, 2023, any person who remains in
pretrial detention after having been ordered released with
pretrial conditions, including the condition of depositing
security, shall be entitled to a hearing under subsection (e)
of Section 110-5.
On or after January 1, 2023, any person, not subject to
subsection (b), who remains in pretrial detention and is
eligible for detention under Section 110-6.1 shall be entitled
to a hearing according to the following schedule:
(1) For persons charged with offenses under paragraphs
(1) through (7) of subsection (a) of Section 110-6.1, the
hearing shall be held within 90 days of the person's
motion for reconsideration of pretrial release conditions.
(2) For persons charged with offenses under paragraph
(8) of subsection (a) of Section 110-6.1, the hearing
shall be held within 60 days of the person's motion for
reconsideration of pretrial release conditions.
(3) For persons charged with all other offenses not
listed in subsection (a) of Section 110-6.1, the hearing
shall be held within 7 days of the person's motion for
reconsideration of pretrial release conditions.

(c) Processing of previously deposited bail security. The
provisions of this Section shall apply to all monetary bonds,
regardless of whether they were previously posted in cash or
in the form of stocks, bonds, or real estate.
(1) Once security has been deposited and a charge is
pending or is thereafter filed in or transferred to a
court of competent jurisdiction, the latter court may
continue the original security in that court or modify the
conditions of pretrial release subject to the provisions
of Section 110-6.
(2) After conviction, the court may order that a
previously deposited security stand pending appeal,
reconsider conditions of release, or deny release subject
to the provisions of Section 110-6.2.
(3) After the entry of an order by the trial court
granting or denying pretrial release pending appeal,
either party may apply to the reviewing court having
jurisdiction or to a justice thereof sitting in vacation
for an order modifying the conditions of pretrial release
or denying pretrial release subject to the provisions of
Section 110-6.2.
(4) When the conditions of the previously posted bail
bond have been performed and the accused has been
discharged from all obligations in the cause, the clerk of
the court shall return to the accused or to the
defendant's designee by an assignment executed at the time

the bail amount is deposited, unless the court orders
otherwise, 90% of the sum which had been deposited and
shall retain as bail bond costs 10% of the amount
deposited. However, in no event shall the amount retained
by the clerk as bail bond costs be less than $5.
Notwithstanding the foregoing, in counties with a
population of 3,000,000 or more, in no event shall the
amount retained by the clerk as bail bond costs exceed
$100. Bail bond deposited by or on behalf of a defendant in
one case may be used, in the court's discretion, to
satisfy financial obligations of that same defendant
incurred in a different case due to a fine, court costs,
restitution or fees of the defendant's attorney of record.
In counties with a population of 3,000,000 or more, the
court shall not order bail bond deposited by or on behalf
of a defendant in one case to be used to satisfy financial
obligations of that same defendant in a different case
until the bail bond is first used to satisfy court costs
and attorney's fees in the case in which the bail bond has
been deposited and any other unpaid child support
obligations are satisfied.
In counties with a population of less than 3,000,000,
the court shall not order bail bond deposited by or on
behalf of a defendant in one case to be used to satisfy
financial obligations of that same defendant in a
different case until the bail bond is first used to

satisfy court costs in the case in which the bail bond has
been deposited.
At the request of the defendant, the court may order
such 90% of the defendant's bail deposit, or whatever
amount is repayable to the defendant from such deposit, to
be paid to defendant's attorney of record.
(5) If there is an alleged violation of the conditions
of pretrial release in a matter in which the defendant has
previously deposited security, the court having
jurisdiction shall follow the procedures for revocation of
pretrial release or sanctions set forth in Section 110-6.
The previously deposited security shall be returned to the
defendant following the procedures of paragraph (4) of
subsection (a) of this Section once the defendant has been
discharged from all obligations in the cause.
(6) If security was previously deposited for failure
to appear in a matter involving enforcement of child
support or maintenance, the amount of the cash deposit on
the bond, less outstanding costs, may be awarded to the
person or entity to whom the child support or maintenance
is due.
(7) After a judgment for a fine and court costs or
either is entered in the prosecution of a cause in which a
deposit of security was previously made, the balance of
such deposit shall be applied to the payment of the
judgment.

(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
(Text of Section before amendment by P.A. 101-652)
Sec. 110-10. Conditions of 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 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) Not depart this State without leave of the court;
(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 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 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 bail,
pursuant to Section 110-6 of this Code. The court may change
the conditions of 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 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:
(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
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 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
monitoring device, as a condition of such bail bond, a fee
that represents costs incidental to the 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 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
damage to any device;
(14.2) The court 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 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
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 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) 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
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 bond forms for use in cases involving family or
household members as defined in Article 112A, including
specific conditions of 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).
(f) If the defendant is admitted to bail after conviction
the conditions of the 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 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 remaining on bond pending sentencing.
(h) In the event the defendant is 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.)
(Text of Section after amendment by P.A. 101-652)
Sec. 110-10. Conditions of pretrial release.
(a) If a person is released prior to conviction, the
conditions of pretrial release 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);
(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 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 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, pursuant to Section 110-6 of this Code. The
court may change the conditions of pretrial release 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 offense, unless the
defendant places his or her mental competency in issue.
(b) Additional conditions of release shall be set only
when it is determined that they are necessary to ensure the
defendant's appearance in court, ensure the defendant does not

commit any criminal offense, ensure the defendant complies
with all conditions of pretrial release, 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, or ensure
compliance with the rules and procedures of problem solving
courts. However, conditions shall include the least
restrictive means and be individualized. Conditions shall not
mandate rehabilitative services unless directly tied to the
risk of pretrial misconduct. Conditions of supervision shall
not include punitive measures such as community service work
or restitution. Conditions may include the following:
(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 geographic
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
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;
(5) (14) Be placed under direct supervision of the
Pretrial Services Agency, Probation Department or Court
Services Department in a pretrial 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 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 home
supervision capacity with the use of an approved
monitoring device, as a condition of such pretrial
monitoring, a fee that represents costs incidental to the
electronic monitoring for each day of such pretrial
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
damage to any device;
(14.2) The court may 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 home supervision capacity with
the use of an approved monitoring device, as a condition
of such release, a fee which shall represent costs
incidental to such electronic monitoring for each day of
such 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
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;
(6) (14.4) For persons charged with violating Section
11-501 of the Illinois Vehicle Code, refrain from
operating 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;
(7) (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;
(8) Sign a written admonishment requiring that he or
she 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 record with the clerk
of the court (16) (Blank); and
(9) (17) Such other reasonable conditions as the court

may impose, so long as these conditions are the least
restrictive means to achieve the goals listed in
subsection (b), are individualized, and are in accordance
with national best practices as detailed in the Pretrial
Supervision Standards of the Supreme Court.
The defendant shall receive verbal and written
notification of conditions of pretrial release and future
court dates, including the date, time, and location of court.
(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 releasing the defendant, the
judge shall impose conditions to restrict the defendant's
access to the victim 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 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 forms for use in cases involving
family or household members as defined in Article 112A,
including specific conditions of pretrial release 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).
(f) If the defendant is released after conviction
following appeal or other post-conviction proceeding, the
conditions of the pretrial release 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.
(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 pending sentencing.
(h) In the event the defendant is denied pretrial release,
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; 101-652, eff. 1-1-23.)
(725 ILCS 5/110-12) (from Ch. 38, par. 110-12)
(Text of Section before amendment by P.A. 101-652)
Sec. 110-12. Notice of change of address. A defendant who
has been admitted to 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 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 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.)
(Text of Section after amendment by P.A. 101-652)
Sec. 110-12. Notice of change of address. A defendant who
has been admitted to pretrial release 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 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 prosecutor
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 shall at all times remain a
matter of public record with the clerk of the court.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/113-3.1) (from Ch. 38, par. 113-3.1)
Sec. 113-3.1. Payment for Court-Appointed Counsel.
(a) Whenever under either Section 113-3 of this Code or

Rule 607 of the Illinois Supreme Court the court appoints
counsel to represent a defendant, the court may order the
defendant to pay to the Clerk of the Circuit Court a reasonable
sum to reimburse either the county or the State for such
representation. In a hearing to determine the amount of the
payment, the court shall consider the affidavit prepared by
the defendant under Section 113-3 of this Code and any other
information pertaining to the defendant's financial
circumstances which may be submitted by the parties. Such
hearing shall be conducted on the court's own motion or on
motion of the prosecutor State's Attorney at any time after
the appointment of counsel but no later than 90 days after the
entry of a final order disposing of the case at the trial
level.
(b) Any sum ordered paid under this Section may not exceed
$500 for a defendant charged with a misdemeanor, $5,000 for a
defendant charged with a felony, or $2,500 for a defendant who
is appealing a conviction of any class offense.
(c) The method of any payment required under this Section
shall be as specified by the Court. The court may order that
payments be made on a monthly basis during the term of
representation; however, the sum deposited as money bond shall
not be used to satisfy this court order. Any sum deposited as
money bond with the Clerk of the Circuit Court under Section
110-7 of this Code may be used in the court's discretion in
whole or in part to comply with any payment order entered in

accordance with paragraph (a) of this Section. The court may
give special consideration to the interests of relatives or
other third parties who may have posted a money bond on the
behalf of the defendant to secure his release. At any time
prior to full payment of any payment order the court on its own
motion or the motion of any party may reduce, increase, or
suspend the ordered payment, or modify the method of payment,
as the interest of fairness may require. No increase,
suspension, or reduction may be ordered without a hearing and
notice to all parties.
(d) The Supreme Court or the circuit courts may provide by
rule for procedures for the enforcement of orders entered
under this Section. Such rules may provide for the assessment
of all costs, including attorneys' fees which are required for
the enforcement of orders entered under this Section when the
court in an enforcement proceeding has first found that the
defendant has willfully refused to pay. The Clerk of the
Circuit Court shall keep records and make reports to the court
concerning funds paid under this Section in whatever manner
the court directs.
(e) Whenever an order is entered under this Section for
the reimbursement of the State due to the appointment of the
State Appellate Defender as counsel on appeal, the order shall
provide that the Clerk of the Circuit Court shall retain all
funds paid pursuant to such order until the full amount of the
sum ordered to be paid by the defendant has been paid. When no

balance remains due on such order, the Clerk of the Circuit
Court shall inform the court of this fact and the court shall
promptly order the Clerk of the Circuit Court to pay to the
State Treasurer all of the sum paid.
(f) The Clerk of the Circuit Court shall retain all funds
under this Section paid for the reimbursement of the county,
and shall inform the court when no balance remains due on an
order entered hereunder. The Clerk of the Circuit Court shall
make payments of funds collected under this Section to the
County Treasurer in whatever manner and at whatever point as
the court may direct, including payments made on a monthly
basis during the term of representation.
(g) A defendant who fails to obey any order of court
entered under this Section may be punished for contempt of
court. Any arrearage in payments may be reduced to judgment in
the court's discretion and collected by any means authorized
for the collection of money judgments under the law of this
State.
(Source: P.A. 88-394.)
Section 72. The Code of Criminal Procedure of 1963 is
amended by changing Sections 107-11 and 110-14 as follows:
(725 ILCS 5/107-11) (from Ch. 38, par. 107-11)
Sec. 107-11. When summons may be issued.
(a) When authorized to issue a warrant of arrest, a court

may instead issue a summons.
(b) The summons shall:
(1) Be in writing;
(2) State the name of the person summoned and his or
her address, if known;
(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 or her office; and
(6) Command the person to appear before a court at a
certain time and place.
(c) The summons may be served in the same manner as the
summons in a civil action or by certified or regular mail,
except that police officers may serve summons for violations
of ordinances occurring within their municipalities.
(Source: P.A. 87-574.)
(725 ILCS 5/110-14) (from Ch. 38, par. 110-14)
(Section scheduled to be repealed on January 1, 2023)
Sec. 110-14. Credit toward fines for pretrial
incarceration on bailable offense; credit against monetary
bail for certain offenses.
(a) Any person denied pretrial release incarcerated on a
bailable offense who does not supply bail and against whom a
fine is levied on conviction of the offense shall be

automatically credited allowed a credit of $30 for each day so
incarcerated upon application of the defendant. However, in no
case shall the amount so allowed or credited exceed the amount
of the fine.
(b) Subsection (a) does not apply to a person incarcerated
for sexual assault as defined in paragraph (1) of subsection
(a) of Section 5-9-1.7 of the Unified Code of Corrections.
(c) A person subject to bail on a Category B offense,
before January 1, 2023, shall have $30 deducted from his or her
10% cash bond amount every day the person is incarcerated. The
sheriff shall calculate and apply this $30 per day reduction
and send notice to the circuit clerk if a defendant's 10% cash
bond amount is reduced to $0, at which point the defendant
shall be released upon his or her own recognizance.
(d) The court may deny the incarceration credit in
subsection (c) of this Section 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.
(e) (Blank). This Section is repealed on January 1, 2023.
(Source: P.A. 101-408, eff. 1-1-20; P.A. 101-652, eff. 7-1-21.
Repealed by P.A. 102-28. Reenacted by P.A. 102-687, eff.
12-17-21.)
(725 ILCS 5/110-4 rep.)
(725 ILCS 5/Art. 110A rep.)

Section 75. The Code of Criminal Procedure of 1963 is
amended by repealing Section 110-4 and Article 110A.
Section 80. The Rights of Crime Victims and Witnesses Act
is amended by changing Section 3 as follows:
(725 ILCS 120/3) (from Ch. 38, par. 1403)
(Text of Section before amendment by P.A. 102-982)
Sec. 3. The terms used in this Act shall have the following
meanings:
(a) "Crime victim" or "victim" means: (1) any natural
person determined by the prosecutor or the court to have
suffered direct physical or psychological harm as a result of
a violent crime perpetrated or attempted against that person
or direct physical or psychological harm as a result of (i) a
violation of Section 11-501 of the Illinois Vehicle Code or
similar provision of a local ordinance or (ii) a violation of
Section 9-3 of the Criminal Code of 1961 or the Criminal Code
of 2012; (2) in the case of a crime victim who is under 18
years of age or an adult victim who is incompetent or
incapacitated, both parents, legal guardians, foster parents,
or a single adult representative; (3) in the case of an adult
deceased victim, 2 representatives who may be the spouse,
parent, child or sibling of the victim, or the representative
of the victim's estate; and (4) an immediate family member of a
victim under clause (1) of this paragraph (a) chosen by the

victim. If the victim is 18 years of age or over, the victim
may choose any person to be the victim's representative. In no
event shall the defendant or any person who aided and abetted
in the commission of the crime be considered a victim, a crime
victim, or a representative of the victim.
A board, agency, or other governmental entity making
decisions regarding an offender's release, sentence reduction,
or clemency can determine additional persons are victims for
the purpose of its proceedings.
(a-3) "Advocate" means a person whose communications with
the victim are privileged under Section 8-802.1 or 8-802.2 of
the Code of Civil Procedure, or Section 227 of the Illinois
Domestic Violence Act of 1986.
(a-5) "Confer" means to consult together, share
information, compare opinions and carry on a discussion or
deliberation.
(a-7) "Sentence" includes, but is not limited to, the
imposition of sentence, a request for a reduction in sentence,
parole, mandatory supervised release, aftercare release, early
release, inpatient treatment, outpatient treatment,
conditional release after a finding that the defendant is not
guilty by reason of insanity, clemency, or a proposal that
would reduce the defendant's sentence or result in the
defendant's release. "Early release" refers to a discretionary
release.
(a-9) "Sentencing" includes, but is not limited to, the

imposition of sentence and a request for a reduction in
sentence, parole, mandatory supervised release, aftercare
release, early release, consideration of inpatient treatment
or outpatient treatment, or conditional release after a
finding that the defendant is not guilty by reason of
insanity.
(a-10) "Status hearing" means a hearing designed to
provide information to the court, at which no motion of a
substantive nature and no constitutional or statutory right of
a crime victim is implicated or at issue.
(b) "Witness" means: any person who personally observed
the commission of a crime and who will testify on behalf of the
State of Illinois; or a person who will be called by the
prosecution to give testimony establishing a necessary nexus
between the offender and the violent crime.
(c) "Violent crime" means: (1) any felony in which force
or threat of force was used against the victim; (2) any offense
involving sexual exploitation, sexual conduct, or sexual
penetration; (3) a violation of Section 11-20.1, 11-20.1B,
11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
Criminal Code of 2012; (4) domestic battery or stalking; (5)
violation of an order of protection, a civil no contact order,
or a stalking no contact order; (6) any misdemeanor which
results in death or great bodily harm to the victim; or (7) any
violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012, or Section 11-501 of the Illinois

Vehicle Code, or a similar provision of a local ordinance, if
the violation resulted in personal injury or death. "Violent
crime" includes any action committed by a juvenile that would
be a violent crime if committed by an adult. For the purposes
of this paragraph, "personal injury" shall include any Type A
injury as indicated on the traffic accident report completed
by a law enforcement officer that requires immediate
professional attention in either a doctor's office or medical
facility. A type A injury shall include severely bleeding
wounds, distorted extremities, and injuries that require the
injured party to be carried from the scene.
(d) (Blank).
(e) "Court proceedings" includes, but is not limited to,
the preliminary hearing, any post-arraignment hearing the
effect of which may be the release of the defendant from
custody or to alter the conditions of bond, change of plea
hearing, the trial, any pretrial or post-trial hearing,
sentencing, any oral argument or hearing before an Illinois
appellate court, any hearing under the Mental Health and
Developmental Disabilities Code or Section 5-2-4 of the
Unified Code of Corrections after a finding that the defendant
is not guilty by reason of insanity, including a hearing for
conditional release, any hearing related to a modification of
sentence, probation revocation hearing, aftercare release or
parole hearings, post-conviction relief proceedings, habeas
corpus proceedings and clemency proceedings related to the

defendant's conviction or sentence. For purposes of the
victim's right to be present, "court proceedings" does not
include (1) hearings under Section 109-1 of the Code of
Criminal Procedure of 1963, (2) grand jury proceedings, (3)
status hearings, or (4) the issuance of an order or decision of
an Illinois court that dismisses a charge, reverses a
conviction, reduces a sentence, or releases an offender under
a court rule.
(f) "Concerned citizen" includes relatives of the victim,
friends of the victim, witnesses to the crime, or any other
person associated with the victim or prisoner.
(g) "Victim's attorney" means an attorney retained by the
victim for the purposes of asserting the victim's
constitutional and statutory rights. An attorney retained by
the victim means an attorney who is hired to represent the
victim at the victim's expense or an attorney who has agreed to
provide pro bono representation. Nothing in this statute
creates a right to counsel at public expense for a victim.
(h) "Support person" means a person chosen by a victim to
be present at court proceedings.
(Source: P.A. 99-143, eff. 7-27-15; 99-413, eff. 8-20-15;
99-642, eff. 7-28-16; 99-671, eff. 1-1-17; 100-961, eff.
1-1-19.)
(Text of Section after amendment by P.A. 102-982)
Sec. 3. The terms used in this Act shall have the following

meanings:
(a) "Crime victim" or "victim" means: (1) any natural
person determined by the prosecutor or the court to have
suffered direct physical or psychological harm as a result of
a violent crime perpetrated or attempted against that person
or direct physical or psychological harm as a result of (i) a
violation of Section 11-501 of the Illinois Vehicle Code or
similar provision of a local ordinance or (ii) a violation of
Section 9-3 of the Criminal Code of 1961 or the Criminal Code
of 2012; (2) in the case of a crime victim who is under 18
years of age or an adult victim who is incompetent or
incapacitated, both parents, legal guardians, foster parents,
or a single adult representative; (3) in the case of an adult
deceased victim, 2 representatives who may be the spouse,
parent, child or sibling of the victim, or the representative
of the victim's estate; and (4) an immediate family member of a
victim under clause (1) of this paragraph (a) chosen by the
victim. If the victim is 18 years of age or over, the victim
may choose any person to be the victim's representative. In no
event shall the defendant or any person who aided and abetted
in the commission of the crime be considered a victim, a crime
victim, or a representative of the victim.
A board, agency, or other governmental entity making
decisions regarding an offender's release, sentence reduction,
or clemency can determine additional persons are victims for
the purpose of its proceedings.

(a-3) "Advocate" means a person whose communications with
the victim are privileged under Section 8-802.1 or 8-802.2 of
the Code of Civil Procedure, or Section 227 of the Illinois
Domestic Violence Act of 1986.
(a-5) "Confer" means to consult together, share
information, compare opinions and carry on a discussion or
deliberation.
(a-7) "Sentence" includes, but is not limited to, the
imposition of sentence, a request for a reduction in sentence,
parole, mandatory supervised release, aftercare release, early
release, inpatient treatment, outpatient treatment,
conditional release after a finding that the defendant is not
guilty by reason of insanity, clemency, or a proposal that
would reduce the defendant's sentence or result in the
defendant's release. "Early release" refers to a discretionary
release.
(a-9) "Sentencing" includes, but is not limited to, the
imposition of sentence and a request for a reduction in
sentence, parole, mandatory supervised release, aftercare
release, early release, consideration of inpatient treatment
or outpatient treatment, or conditional release after a
finding that the defendant is not guilty by reason of
insanity.
(a-10) "Status hearing" means a hearing designed to
provide information to the court, at which no motion of a
substantive nature and no constitutional or statutory right of

a crime victim is implicated or at issue.
(b) "Witness" means: any person who personally observed
the commission of a crime and who will testify on behalf of the
State of Illinois; or a person who will be called by the
prosecution to give testimony establishing a necessary nexus
between the offender and the violent crime.
(c) "Violent crime" means: (1) any felony in which force
or threat of force was used against the victim; (2) any offense
involving sexual exploitation, sexual conduct, or sexual
penetration; (3) a violation of Section 11-20.1, 11-20.1B,
11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
Criminal Code of 2012; (4) domestic battery or stalking; (5)
violation of an order of protection, a civil no contact order,
or a stalking no contact order; (6) any misdemeanor which
results in death or great bodily harm to the victim; or (7) any
violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012, or Section 11-501 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, if
the violation resulted in personal injury or death. "Violent
crime" includes any action committed by a juvenile that would
be a violent crime if committed by an adult. For the purposes
of this paragraph, "personal injury" shall include any Type A
injury as indicated on the traffic crash report completed by a
law enforcement officer that requires immediate professional
attention in either a doctor's office or medical facility. A
type A injury shall include severely bleeding wounds,

distorted extremities, and injuries that require the injured
party to be carried from the scene.
(d) (Blank).
(e) "Court proceedings" includes, but is not limited to,
the preliminary hearing, any post-arraignment hearing the
effect of which may be the release of the defendant from
custody or to alter the conditions of bond, change of plea
hearing, the trial, any pretrial or post-trial hearing,
sentencing, any oral argument or hearing before an Illinois
appellate court, any hearing under the Mental Health and
Developmental Disabilities Code or Section 5-2-4 of the
Unified Code of Corrections after a finding that the defendant
is not guilty by reason of insanity, including a hearing for
conditional release, any hearing related to a modification of
sentence, probation revocation hearing, aftercare release or
parole hearings, post-conviction relief proceedings, habeas
corpus proceedings and clemency proceedings related to the
defendant's conviction or sentence. For purposes of the
victim's right to be present, "court proceedings" does not
include (1) hearings under Section 109-1 of the Code of
Criminal Procedure of 1963, (2) grand jury proceedings, (2)
(3) status hearings, or (3) (4) the issuance of an order or
decision of an Illinois court that dismisses a charge,
reverses a conviction, reduces a sentence, or releases an
offender under a court rule.
(f) "Concerned citizen" includes relatives of the victim,

friends of the victim, witnesses to the crime, or any other
person associated with the victim or prisoner.
(g) "Victim's attorney" means an attorney retained by the
victim for the purposes of asserting the victim's
constitutional and statutory rights. An attorney retained by
the victim means an attorney who is hired to represent the
victim at the victim's expense or an attorney who has agreed to
provide pro bono representation. Nothing in this statute
creates a right to counsel at public expense for a victim.
(h) "Support person" means a person chosen by a victim to
be present at court proceedings.
(Source: P.A. 102-982, eff. 7-1-23.)
Section 85. The Pretrial Services Act is amended by
changing Sections 7 and 19 as follows:
(725 ILCS 185/7) (from Ch. 38, par. 307)
Sec. 7. Pretrial services agencies shall perform the
following duties for the circuit court:
(a) Interview and assemble verified information and data
concerning the community ties, employment, residency, criminal
record, and social background of arrested persons who are to
be, or have been, presented in court for first appearance on
felony charges, to assist the court in determining the
appropriate terms and conditions of pretrial release;
(b) Submit written reports of those investigations to the

court along with such findings and recommendations, if any, as
may be necessary to assess appropriate conditions which shall
be imposed to protect against the risks of nonappearance and
commission of new offenses or other interference with the
orderly administration of justice before trial; :
(1) the need for financial security to assure the
defendant's appearance at later proceedings; and
(2) appropriate conditions which shall be imposed to
protect against the risks of nonappearance and commission of
new offenses or other interference with the orderly
administration of justice before trial;
(c) Supervise compliance with pretrial release conditions,
and promptly report violations of those conditions to the
court and prosecutor to ensure assure effective enforcement;
(d) Cooperate with the court and all other criminal
justice agencies in the development of programs to minimize
unnecessary pretrial detention and protect the public against
breaches of pretrial release conditions; and
(e) Monitor the local operations of the pretrial release
system and maintain accurate and comprehensive records of
program activities.
(Source: P.A. 84-1449.)
(725 ILCS 185/19) (from Ch. 38, par. 319)
Sec. 19. Written reports under Section 17 shall set forth
all factual findings on which any recommendation and

conclusions contained therein are based together with the
source of each fact, and shall contain information and data
relevant to appropriate conditions imposed to protect against
the risk of nonappearance and commission of new offenses or
other interference with the orderly administration of justice
before trial. the following issues:
(a) The need for financial security to assure the
defendant's appearance for later court proceedings; and
(b) Appropriate conditions imposed to protect against the
risk of nonappearance and commission of new offenses or other
interference with the orderly administration of justice before
trial.
(Source: P.A. 84-1449.)
Section 87. The Pretrial Services Act is amended by
changing Section 11 as follows:
(725 ILCS 185/11) (from Ch. 38, par. 311)
(Text of Section before amendment by P.A. 101-652)
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.)
(Text of Section after amendment by P.A. 101-652)
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 of release, denial of pretrial release,
to recognizance, or when considering the modification of a
prior release order.
(Source: P.A. 101-652, eff. 1-1-23.)
Section 90. The Unified Code of Corrections is amended by
changing Sections 5-8-1, 5-8-4, 5-8A-4, and 5-8A-4.1 and by
adding Section 5-8A-4.15 as follows:
(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
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
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
(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
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, 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) 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 of 1961 or the Criminal Code of 2012, if
committed on or after January 1, 2009, 12 months;
(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, 6 months; no later than 45 days after the onset of
the term of mandatory supervised release, the Prisoner
Review Board shall conduct a discretionary discharge
review pursuant to the provisions of Section 3-3-8, which
shall include the results of a standardized risk and needs
assessment tool administered by the Department of
Corrections; the changes to this paragraph (3) made by
this amendatory Act of the 102nd General Assembly apply to
all individuals released on mandatory supervised release
on or after the effective date of this amendatory Act of
the 102nd General Assembly, including those individuals
whose sentences were imposed prior to the effective date
of this amendatory Act of the 102nd General Assembly; ;
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;
(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
December 13, 2005 (the effective date of Public Act
94-715), 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,
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 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).
(g) Notwithstanding any other provisions of this Act and
of Public Act 101-652: (i) the provisions of paragraph (3) of

subsection (d) are effective on July 1, 2022 and shall apply to
all individuals convicted on or after the effective date of
paragraph (3) of subsection (d); and (ii) the provisions of
paragraphs (1.5) and (2) of subsection (d) are effective on
July 1, 2021 and shall apply to all individuals convicted on or
after the effective date of paragraphs (1.5) and (2) of
subsection (d).
(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff.
1-7-22.)
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
(Text of Section before amendment by P.A. 102-982)
Sec. 5-8-4. Concurrent and consecutive terms of
imprisonment.
(a) Concurrent terms; multiple or additional sentences.
When an Illinois court (i) imposes multiple sentences of
imprisonment on a defendant at the same time or (ii) imposes a
sentence of imprisonment on a defendant who is already subject
to a sentence of imprisonment imposed by an Illinois court, a
court of another state, or a federal court, then the sentences
shall run concurrently unless otherwise determined by the
Illinois court under this Section.
(b) Concurrent terms; misdemeanor and felony. A defendant
serving a sentence for a misdemeanor who is convicted of a
felony and sentenced to imprisonment shall be transferred to

the Department of Corrections, and the misdemeanor sentence
shall be merged in and run concurrently with the felony
sentence.
(c) Consecutive terms; permissive. The court may impose
consecutive sentences in any of the following circumstances:
(1) If, having regard to the nature and circumstances
of the offense and the history and character of the
defendant, it is the opinion of the court that consecutive
sentences are required to protect the public from further
criminal conduct by the defendant, the basis for which the
court shall set forth in the record.
(2) If one of the offenses for which a defendant was
convicted was a violation of Section 32-5.2 (aggravated
false personation of a peace officer) of the Criminal Code
of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
(b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
offense was committed in attempting or committing a
forcible felony.
(3) If a person charged with a felony commits a
separate felony while on pretrial release or in pretrial
detention in a county jail facility or county detention
facility, then the sentences imposed upon conviction of
these felonies may be served consecutively regardless of
the order in which the judgments of conviction are
entered.

(4) If a person commits a battery against a county
correctional officer or sheriff's employee while serving a
sentence or in pretrial detention in a county jail
facility, then the sentence imposed upon conviction of the
battery may be served consecutively with the sentence
imposed upon conviction of the earlier misdemeanor or
felony, regardless of the order in which the judgments of
conviction are entered.
(5) If a person admitted to pretrial release following
conviction of a felony commits a separate felony while
released pretrial or if a person detained in a county jail
facility or county detention facility following conviction
of a felony commits a separate felony while in detention,
then any sentence following conviction of the separate
felony may be consecutive to that of the original sentence
for which the defendant was released pretrial or detained.
(6) If a person is found to be in possession of an item
of contraband, as defined in Section 31A-0.1 of the
Criminal Code of 2012, while serving a sentence in a
county jail or while in pretrial detention in a county
jail, the sentence imposed upon conviction for the offense
of possessing contraband in a penal institution may be
served consecutively to the sentence imposed for the
offense for which the person is serving a sentence in the
county jail or while in pretrial detention, regardless of
the order in which the judgments of conviction are

entered.
(7) If a person is sentenced for a violation of a
condition of pretrial release under Section 32-10 of the
Criminal Code of 1961 or the Criminal Code of 2012, any
sentence imposed for that violation may be served
consecutive to the sentence imposed for the charge for
which pretrial release had been granted and with respect
to which the defendant has been convicted.
(d) Consecutive terms; mandatory. The court shall impose
consecutive sentences in each of the following circumstances:
(1) One of the offenses for which the defendant was
convicted was first degree murder or a Class X or Class 1
felony and the defendant inflicted severe bodily injury.
(2) The defendant was convicted of a violation of
Section 11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual assault), or
11-1.40 or 12-14.1 (predatory criminal sexual assault of a
child) of the Criminal Code of 1961 or the Criminal Code of
2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
5/12-14.1).
(2.5) The defendant was convicted of a violation of
paragraph (1), (2), (3), (4), (5), or (7) of subsection
(a) of Section 11-20.1 (child pornography) or of paragraph
(1), (2), (3), (4), (5), or (7) of subsection (a) of
Section 11-20.1B or 11-20.3 (aggravated child pornography)

of the Criminal Code of 1961 or the Criminal Code of 2012;
or the defendant was convicted of a violation of paragraph
(6) of subsection (a) of Section 11-20.1 (child
pornography) or of paragraph (6) of subsection (a) of
Section 11-20.1B or 11-20.3 (aggravated child pornography)
of the Criminal Code of 1961 or the Criminal Code of 2012,
when the child depicted is under the age of 13.
(3) The defendant was convicted of armed violence
based upon the predicate offense of any of the following:
solicitation of murder, solicitation of murder for hire,
heinous battery as described in Section 12-4.1 or
subdivision (a)(2) of Section 12-3.05, aggravated battery
of a senior citizen as described in Section 12-4.6 or
subdivision (a)(4) of Section 12-3.05, criminal sexual
assault, a violation of subsection (g) of Section 5 of the
Cannabis Control Act (720 ILCS 550/5), cannabis
trafficking, a violation of subsection (a) of Section 401
of the Illinois Controlled Substances Act (720 ILCS
570/401), controlled substance trafficking involving a
Class X felony amount of controlled substance under
Section 401 of the Illinois Controlled Substances Act (720
ILCS 570/401), a violation of the Methamphetamine Control
and Community Protection Act (720 ILCS 646/), calculated
criminal drug conspiracy, or streetgang criminal drug
conspiracy.
(4) The defendant was convicted of the offense of

leaving the scene of a motor vehicle accident involving
death or personal injuries under Section 11-401 of the
Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof under Section 11-501 of the
Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
homicide under Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
offense described in item (A) and an offense described in
item (B).
(5) The defendant was convicted of a violation of
Section 9-3.1 or Section 9-3.4 (concealment of homicidal
death) or Section 12-20.5 (dismembering a human body) of
the Criminal Code of 1961 or the Criminal Code of 2012 (720
ILCS 5/9-3.1 or 5/12-20.5).
(5.5) The defendant was convicted of a violation of
Section 24-3.7 (use of a stolen firearm in the commission
of an offense) of the Criminal Code of 1961 or the Criminal
Code of 2012.
(6) If the defendant was in the custody of the
Department of Corrections at the time of the commission of
the offense, the sentence shall be served consecutive to
the sentence under which the defendant is held by the
Department of Corrections. If, however, the defendant is
sentenced to punishment by death, the sentence shall be

executed at such time as the court may fix without regard
to the sentence under which the defendant may be held by
the Department.
(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
for escape or attempted escape shall be served consecutive
to the terms under which the offender is held by the
Department of Corrections.
(8) (Blank). If a person charged with a felony commits
a separate felony while on pretrial release or in pretrial
detention in a county jail facility or county detention
facility, then the sentences imposed upon conviction of
these felonies shall be served consecutively regardless of
the order in which the judgments of conviction are
entered.
(8.5) (Blank). If a person commits a battery against a
county correctional officer or sheriff's employee while
serving a sentence or in pretrial detention in a county
jail facility, then the sentence imposed upon conviction
of the battery shall be served consecutively with the
sentence imposed upon conviction of the earlier
misdemeanor or felony, regardless of the order in which
the judgments of conviction are entered.
(9) (Blank). If a person admitted to bail following
conviction of a felony commits a separate felony while
free on bond or if a person detained in a county jail
facility or county detention facility following conviction

of a felony commits a separate felony while in detention,
then any sentence following conviction of the separate
felony shall be consecutive to that of the original
sentence for which the defendant was on bond or detained.
(10) (Blank). If a person is found to be in possession
of an item of contraband, as defined in Section 31A-0.1 of
the Criminal Code of 2012, while serving a sentence in a
county jail or while in pre-trial detention in a county
jail, the sentence imposed upon conviction for the offense
of possessing contraband in a penal institution shall be
served consecutively to the sentence imposed for the
offense in which the person is serving sentence in the
county jail or serving pretrial detention, regardless of
the order in which the judgments of conviction are
entered.
(11) (Blank). If a person is sentenced for a violation
of bail bond under Section 32-10 of the Criminal Code of
1961 or the Criminal Code of 2012, any sentence imposed
for that violation shall be served consecutive to the
sentence imposed for the charge for which bail had been
granted and with respect to which the defendant has been
convicted.
(e) Consecutive terms; subsequent non-Illinois term. If an
Illinois court has imposed a sentence of imprisonment on a
defendant and the defendant is subsequently sentenced to a
term of imprisonment by a court of another state or a federal

court, then the Illinois sentence shall run consecutively to
the sentence imposed by the court of the other state or the
federal court. That same Illinois court, however, may order
that the Illinois sentence run concurrently with the sentence
imposed by the court of the other state or the federal court,
but only if the defendant applies to that same Illinois court
within 30 days after the sentence imposed by the court of the
other state or the federal court is finalized.
(f) Consecutive terms; aggregate maximums and minimums.
The aggregate maximum and aggregate minimum of consecutive
sentences shall be determined as follows:
(1) For sentences imposed under law in effect prior to
February 1, 1978, the aggregate maximum of consecutive
sentences shall not exceed the maximum term authorized
under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
Chapter V for the 2 most serious felonies involved. The
aggregate minimum period of consecutive sentences shall
not exceed the highest minimum term authorized under
Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
V for the 2 most serious felonies involved. When sentenced
only for misdemeanors, a defendant shall not be
consecutively sentenced to more than the maximum for one
Class A misdemeanor.
(2) For sentences imposed under the law in effect on
or after February 1, 1978, the aggregate of consecutive
sentences for offenses that were committed as part of a

single course of conduct during which there was no
substantial change in the nature of the criminal objective
shall not exceed the sum of the maximum terms authorized
under Article 4.5 of Chapter V for the 2 most serious
felonies involved, but no such limitation shall apply for
offenses that were not committed as part of a single
course of conduct during which there was no substantial
change in the nature of the criminal objective. When
sentenced only for misdemeanors, a defendant shall not be
consecutively sentenced to more than the maximum for one
Class A misdemeanor.
(g) Consecutive terms; manner served. In determining the
manner in which consecutive sentences of imprisonment, one or
more of which is for a felony, will be served, the Department
of Corrections shall treat the defendant as though he or she
had been committed for a single term subject to each of the
following:
(1) The maximum period of a term of imprisonment shall
consist of the aggregate of the maximums of the imposed
indeterminate terms, if any, plus the aggregate of the
imposed determinate sentences for felonies, plus the
aggregate of the imposed determinate sentences for
misdemeanors, subject to subsection (f) of this Section.
(2) The parole or mandatory supervised release term
shall be as provided in paragraph (e) of Section 5-4.5-50
(730 ILCS 5/5-4.5-50) for the most serious of the offenses

involved.
(3) The minimum period of imprisonment shall be the
aggregate of the minimum and determinate periods of
imprisonment imposed by the court, subject to subsection
(f) of this Section.
(4) The defendant shall be awarded credit against the
aggregate maximum term and the aggregate minimum term of
imprisonment for all time served in an institution since
the commission of the offense or offenses and as a
consequence thereof at the rate specified in Section 3-6-3
(730 ILCS 5/3-6-3).
(h) Notwithstanding any other provisions of this Section,
all sentences imposed by an Illinois court under this Code
shall run concurrent to any and all sentences imposed under
the Juvenile Court Act of 1987.
(Source: P.A. 102-350, eff. 8-13-21.)
(Text of Section after amendment by P.A. 102-982)
Sec. 5-8-4. Concurrent and consecutive terms of
imprisonment.
(a) Concurrent terms; multiple or additional sentences.
When an Illinois court (i) imposes multiple sentences of
imprisonment on a defendant at the same time or (ii) imposes a
sentence of imprisonment on a defendant who is already subject
to a sentence of imprisonment imposed by an Illinois court, a
court of another state, or a federal court, then the sentences

shall run concurrently unless otherwise determined by the
Illinois court under this Section.
(b) Concurrent terms; misdemeanor and felony. A defendant
serving a sentence for a misdemeanor who is convicted of a
felony and sentenced to imprisonment shall be transferred to
the Department of Corrections, and the misdemeanor sentence
shall be merged in and run concurrently with the felony
sentence.
(c) Consecutive terms; permissive. The court may impose
consecutive sentences in any of the following circumstances:
(1) If, having regard to the nature and circumstances
of the offense and the history and character of the
defendant, it is the opinion of the court that consecutive
sentences are required to protect the public from further
criminal conduct by the defendant, the basis for which the
court shall set forth in the record.
(2) If one of the offenses for which a defendant was
convicted was a violation of Section 32-5.2 (aggravated
false personation of a peace officer) of the Criminal Code
of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
(b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
offense was committed in attempting or committing a
forcible felony.
(3) If a person charged with a felony commits a
separate felony while on pretrial release or in pretrial

detention in a county jail facility or county detention
facility, then the sentences imposed upon conviction of
these felonies may be served consecutively regardless of
the order in which the judgments of conviction are
entered.
(4) If a person commits a battery against a county
correctional officer or sheriff's employee while serving a
sentence or in pretrial detention in a county jail
facility, then the sentence imposed upon conviction of the
battery may be served consecutively with the sentence
imposed upon conviction of the earlier misdemeanor or
felony, regardless of the order in which the judgments of
conviction are entered.
(5) If a person admitted to pretrial release following
conviction of a felony commits a separate felony while
released pretrial or if a person detained in a county jail
facility or county detention facility following conviction
of a felony commits a separate felony while in detention,
then any sentence following conviction of the separate
felony may be consecutive to that of the original sentence
for which the defendant was released pretrial or detained.
(6) If a person is found to be in possession of an item
of contraband, as defined in Section 31A-0.1 of the
Criminal Code of 2012, while serving a sentence in a
county jail or while in pretrial detention in a county
jail, the sentence imposed upon conviction for the offense

of possessing contraband in a penal institution may be
served consecutively to the sentence imposed for the
offense for which the person is serving a sentence in the
county jail or while in pretrial detention, regardless of
the order in which the judgments of conviction are
entered.
(7) If a person is sentenced for a violation of a
condition of pretrial release under Section 32-10 of the
Criminal Code of 1961 or the Criminal Code of 2012, any
sentence imposed for that violation may be served
consecutive to the sentence imposed for the charge for
which pretrial release had been granted and with respect
to which the defendant has been convicted.
(d) Consecutive terms; mandatory. The court shall impose
consecutive sentences in each of the following circumstances:
(1) One of the offenses for which the defendant was
convicted was first degree murder or a Class X or Class 1
felony and the defendant inflicted severe bodily injury.
(2) The defendant was convicted of a violation of
Section 11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual assault), or
11-1.40 or 12-14.1 (predatory criminal sexual assault of a
child) of the Criminal Code of 1961 or the Criminal Code of
2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
5/12-14.1).

(2.5) The defendant was convicted of a violation of
paragraph (1), (2), (3), (4), (5), or (7) of subsection
(a) of Section 11-20.1 (child pornography) or of paragraph
(1), (2), (3), (4), (5), or (7) of subsection (a) of
Section 11-20.1B or 11-20.3 (aggravated child pornography)
of the Criminal Code of 1961 or the Criminal Code of 2012;
or the defendant was convicted of a violation of paragraph
(6) of subsection (a) of Section 11-20.1 (child
pornography) or of paragraph (6) of subsection (a) of
Section 11-20.1B or 11-20.3 (aggravated child pornography)
of the Criminal Code of 1961 or the Criminal Code of 2012,
when the child depicted is under the age of 13.
(3) The defendant was convicted of armed violence
based upon the predicate offense of any of the following:
solicitation of murder, solicitation of murder for hire,
heinous battery as described in Section 12-4.1 or
subdivision (a)(2) of Section 12-3.05, aggravated battery
of a senior citizen as described in Section 12-4.6 or
subdivision (a)(4) of Section 12-3.05, criminal sexual
assault, a violation of subsection (g) of Section 5 of the
Cannabis Control Act (720 ILCS 550/5), cannabis
trafficking, a violation of subsection (a) of Section 401
of the Illinois Controlled Substances Act (720 ILCS
570/401), controlled substance trafficking involving a
Class X felony amount of controlled substance under
Section 401 of the Illinois Controlled Substances Act (720

ILCS 570/401), a violation of the Methamphetamine Control
and Community Protection Act (720 ILCS 646/), calculated
criminal drug conspiracy, or streetgang criminal drug
conspiracy.
(4) The defendant was convicted of the offense of
leaving the scene of a motor vehicle crash involving death
or personal injuries under Section 11-401 of the Illinois
Vehicle Code (625 ILCS 5/11-401) and either: (A)
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof under Section 11-501 of the
Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
homicide under Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
offense described in item (A) and an offense described in
item (B).
(5) The defendant was convicted of a violation of
Section 9-3.1 or Section 9-3.4 (concealment of homicidal
death) or Section 12-20.5 (dismembering a human body) of
the Criminal Code of 1961 or the Criminal Code of 2012 (720
ILCS 5/9-3.1 or 5/12-20.5).
(5.5) The defendant was convicted of a violation of
Section 24-3.7 (use of a stolen firearm in the commission
of an offense) of the Criminal Code of 1961 or the Criminal
Code of 2012.
(6) If the defendant was in the custody of the

Department of Corrections at the time of the commission of
the offense, the sentence shall be served consecutive to
the sentence under which the defendant is held by the
Department of Corrections. If, however, the defendant is
sentenced to punishment by death, the sentence shall be
executed at such time as the court may fix without regard
to the sentence under which the defendant may be held by
the Department.
(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
for escape or attempted escape shall be served consecutive
to the terms under which the offender is held by the
Department of Corrections.
(8) (Blank). If a person charged with a felony commits
a separate felony while on pretrial release or in pretrial
detention in a county jail facility or county detention
facility, then the sentences imposed upon conviction of
these felonies shall be served consecutively regardless of
the order in which the judgments of conviction are
entered.
(8.5) (Blank). If a person commits a battery against a
county correctional officer or sheriff's employee while
serving a sentence or in pretrial detention in a county
jail facility, then the sentence imposed upon conviction
of the battery shall be served consecutively with the
sentence imposed upon conviction of the earlier
misdemeanor or felony, regardless of the order in which

the judgments of conviction are entered.
(9) (Blank). If a person admitted to bail following
conviction of a felony commits a separate felony while
free on bond or if a person detained in a county jail
facility or county detention facility following conviction
of a felony commits a separate felony while in detention,
then any sentence following conviction of the separate
felony shall be consecutive to that of the original
sentence for which the defendant was on bond or detained.
(10) (Blank). If a person is found to be in possession
of an item of contraband, as defined in Section 31A-0.1 of
the Criminal Code of 2012, while serving a sentence in a
county jail or while in pre-trial detention in a county
jail, the sentence imposed upon conviction for the offense
of possessing contraband in a penal institution shall be
served consecutively to the sentence imposed for the
offense in which the person is serving sentence in the
county jail or serving pretrial detention, regardless of
the order in which the judgments of conviction are
entered.
(11) (Blank). If a person is sentenced for a violation
of bail bond under Section 32-10 of the Criminal Code of
1961 or the Criminal Code of 2012, any sentence imposed
for that violation shall be served consecutive to the
sentence imposed for the charge for which bail had been
granted and with respect to which the defendant has been

convicted.
(e) Consecutive terms; subsequent non-Illinois term. If an
Illinois court has imposed a sentence of imprisonment on a
defendant and the defendant is subsequently sentenced to a
term of imprisonment by a court of another state or a federal
court, then the Illinois sentence shall run consecutively to
the sentence imposed by the court of the other state or the
federal court. That same Illinois court, however, may order
that the Illinois sentence run concurrently with the sentence
imposed by the court of the other state or the federal court,
but only if the defendant applies to that same Illinois court
within 30 days after the sentence imposed by the court of the
other state or the federal court is finalized.
(f) Consecutive terms; aggregate maximums and minimums.
The aggregate maximum and aggregate minimum of consecutive
sentences shall be determined as follows:
(1) For sentences imposed under law in effect prior to
February 1, 1978, the aggregate maximum of consecutive
sentences shall not exceed the maximum term authorized
under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
Chapter V for the 2 most serious felonies involved. The
aggregate minimum period of consecutive sentences shall
not exceed the highest minimum term authorized under
Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
V for the 2 most serious felonies involved. When sentenced
only for misdemeanors, a defendant shall not be

consecutively sentenced to more than the maximum for one
Class A misdemeanor.
(2) For sentences imposed under the law in effect on
or after February 1, 1978, the aggregate of consecutive
sentences for offenses that were committed as part of a
single course of conduct during which there was no
substantial change in the nature of the criminal objective
shall not exceed the sum of the maximum terms authorized
under Article 4.5 of Chapter V for the 2 most serious
felonies involved, but no such limitation shall apply for
offenses that were not committed as part of a single
course of conduct during which there was no substantial
change in the nature of the criminal objective. When
sentenced only for misdemeanors, a defendant shall not be
consecutively sentenced to more than the maximum for one
Class A misdemeanor.
(g) Consecutive terms; manner served. In determining the
manner in which consecutive sentences of imprisonment, one or
more of which is for a felony, will be served, the Department
of Corrections shall treat the defendant as though he or she
had been committed for a single term subject to each of the
following:
(1) The maximum period of a term of imprisonment shall
consist of the aggregate of the maximums of the imposed
indeterminate terms, if any, plus the aggregate of the
imposed determinate sentences for felonies, plus the

aggregate of the imposed determinate sentences for
misdemeanors, subject to subsection (f) of this Section.
(2) The parole or mandatory supervised release term
shall be as provided in paragraph (e) of Section 5-4.5-50
(730 ILCS 5/5-4.5-50) for the most serious of the offenses
involved.
(3) The minimum period of imprisonment shall be the
aggregate of the minimum and determinate periods of
imprisonment imposed by the court, subject to subsection
(f) of this Section.
(4) The defendant shall be awarded credit against the
aggregate maximum term and the aggregate minimum term of
imprisonment for all time served in an institution since
the commission of the offense or offenses and as a
consequence thereof at the rate specified in Section 3-6-3
(730 ILCS 5/3-6-3).
(h) Notwithstanding any other provisions of this Section,
all sentences imposed by an Illinois court under this Code
shall run concurrent to any and all sentences imposed under
the Juvenile Court Act of 1987.
(Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23.)
(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 include, but not
be limited to, the following:
(A) The participant may be instructed to 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 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
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;
(7) for another compelling reason consistent with
the public interest, as approved by the supervising
authority; or

(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 movement spread out over no fewer
than two days per week, to participate in basic activities
such as those listed in paragraph (A). In this subdivision
(A-1), "days" means a reasonable time period during a
calendar day, as outlined by the court in the order
placing the person on home confinement.
(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 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;
(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
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.
(J) This Section takes effect January 1, 2022.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
102-687, eff. 12-17-21.)
(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 escapes or leaves from the geographic boundaries of
an electronic monitoring or home detention program with the
intent to evade prosecution 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 escapes or leaves from the geographic boundaries of
an electronic monitoring or home detention program with the
intent to evade prosecution 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
dangerous weapon is guilty of a Class 1 felony.
(Source: P.A. 100-431, eff. 8-25-17; 101-652, eff. 7-1-21.)

(730 ILCS 5/5-8A-4.15 new)
Sec. 5-8A-4.15. Failure to comply with a condition of the
electronic monitoring or home detention program.
(a) A person charged with a felony or misdemeanor, or
charged with an act that, if committed by an adult, would
constitute a felony, or misdemeanor, conditionally released
from the supervising authority through an electronic
monitoring or home detention program, who knowingly and
intentionally violates a condition of the electronic
monitoring or home detention program without notification to
the proper authority is subject to sanctions as outlined in
Section 110-6.
(b) A person who violates a condition of the electronic
monitoring or home detention program by knowingly and
intentionally removing, disabling, destroying, or
circumventing the operation of an approved electronic
monitoring device shall be subject to penalties for escape
under Section 5-8A-4.1.
Section 95. 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.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect January
1, 2023, except that this Section and Sections 2, 22, 30, 35,
37, 72, 87, and 90 take effect upon becoming law.