Bill Text: IL HB3653 | 2019-2020 | 101st General Assembly | Enrolled
Bill Title: Creates the Statewide Use of Force Standardization Act. Provides that it is the intent of the General Assembly to establish statewide use of force standards for law enforcement agencies. Creates the No Representation Without Population Act. Provides that the State Board of Elections shall prepare redistricting population data to reflect incarcerated persons at their residential address prior to incarceration. Provides that this data shall be the basis of the Legislative and Representative Districts required to be created pursuant to Section 3 of Article IV of the Illinois Constitution. Provides that incarcerated populations residing at unknown geographic locations within the State shall not be used to determine the ideal population of any set of districts, wards, or precincts. Creates the Reporting of Deaths in Custody Act. Provides that the Illinois Criminal Justice Information Authority shall create a standardized form to be used for the purpose of collecting information about persons who die in custody of a law agency, a local or State correctional facility in the State, or a peace officer. Creates the Task Force on Constitutional Rights and Remedies Act. Creates the Task Force on Constitutional Rights and Remedies. Provides that the Task Force shall review available research, best practices, and effective interventions to formulate recommendations. Provides that the Task Force shall produce a report detailing the Task Force's findings and recommendations and needed resources. The Task Force shall submit a report of its findings and recommendations to the General Assembly and the Governor. Amends the Illinois Public Labor Relations Act. Provides that notwithstanding any provision of this Act, employers shall not be required to bargain over matters relating to the discipline or discharge of peace officers. Provisions in existing collective bargaining agreements that address the discipline or discharge of peace officers shall lapse by operation of law on the renewal or extension of existing collective bargaining agreements by whatever means, or the approval of a collective bargaining agreement by the corporate authorities of the employer after the effective date of this Act, without imposing a duty to bargain on employers. Amends the Criminal Code of 2012. Makes it official misconduct for an employee of a law enforcement agency to knowingly fail to turn on or turn off an officer-worn body camera when there is a reasonable opportunity to act in a manner that is consistent with the officer-worn body camera policy of the respective law enforcement agency or when he or she knowingly uses or communicates, directly or indirectly, information acquired in the course of employment. Provides that an employee of a law enforcement agency commits misconduct when he or she knowingly misrepresents facts describing an incident in a police report or during investigations regarding the law enforcement employee's conduct. Amends the Code of Criminal Procedure of 1963. Abolishes cash bail. Provides for pretrial release and eligibility for that release. Amends various Acts to make conforming changes. Amends the Unified Code of Corrections. Changes the terms for mandatory supervised release. Makes other changes. Amends the Open Meetings Act. Provides that deliberations for decisions of the Illinois State Police Merit Board, the Illinois Law Enforcement Training Standards Board and the Certification Review Panel regarding certification and decertification of law enforcement officers are not open meetings under the Act. Amends the Freedom of Information Act. Provides that information which is prohibited from disclosure by the Illinois Police Training Act is not subject to disclosure under the Act. Provides that records contained in the Officer Professional Conduct Database, except to the extent authorized under that provision are not subject to disclosure under the Act. Amends the State Employee Indemnification Act. Includes in the definition of "employee" the members of the Certification Review Panel. Amends the State Police Act concerning discipline of Illinois State Police officers and the appointment of the Illinois State Police Merit Board. Amends the Illinois Police Training Act. Changes the misdemeanor offenses for which a law enforcement officer may be decertified. Grants the Illinois Law Enforcement Training Standards Board the power: (1) to review and ensure all law enforcement officers remain in compliance with the Act, and any administrative rules adopted under the Act; and (2) to suspend any certificate for a definite period, limit or restrict any certificate, or revoke any certificate. Creates the Illinois Law Enforcement Certification Review Panel to make recommendations to the Board on the decertification of law enforcement officers. Effective July 1, 2021, except for certain provisions that are effective either January 1, 2022, January 1, 2023, or January 1, 2025.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Enrolled - Dead) 2021-01-14 - Added as Alternate Co-Sponsor Sen. Kimberly A. Lightford [HB3653 Detail]
Download: Illinois-2019-HB3653-Enrolled.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Article 1. | ||||||
5 | Statewide Use of Force Standardization | ||||||
6 | Section 1-1. Short title. This Article may be cited as the | ||||||
7 | Statewide Use of Force Standardization Act. References in this | ||||||
8 | Article to "this Act" mean this Article.
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9 | Section 1-5. Statement of purpose. It is the intent of the | ||||||
10 | General Assembly to establish statewide use of force standards | ||||||
11 | for law enforcement agencies effective January 1, 2022.
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12 | Article 2. | ||||||
13 | No Representation Without Population Act | ||||||
14 | Section 2-1. Short title. This Act may be cited as the No | ||||||
15 | Representation Without Population Act. References in this | ||||||
16 | Article to "this Act" mean this Article.
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17 | Section 2-3. Definition. As used in this Act, "Department" | ||||||
18 | means the Department of Corrections.
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1 | Section 2-5. Electronic records. The Department shall | ||||||
2 | collect and maintain an electronic record of the legal | ||||||
3 | residence, outside of any correctional facility, and other | ||||||
4 | demographic data for each person in custody or entering custody | ||||||
5 | on or after the effective date of this Act. At a minimum, this | ||||||
6 | record shall contain the person's last known complete street | ||||||
7 | address prior to incarceration, the person's race, whether the | ||||||
8 | person is of Hispanic or Latino origin, and whether the person | ||||||
9 | is 18 years of age or older. To the degree possible, the | ||||||
10 | Department shall also allow the legal residence to be updated | ||||||
11 | as appropriate.
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12 | Section 2-10. Reports to the State Board of Elections. | ||||||
13 | (a) Within 30 days after the effective date of this Act, | ||||||
14 | and thereafter, on or before May 1 of each year where the | ||||||
15 | federal decennial census is taken but in which the United | ||||||
16 | States Bureau of the Census allocates incarcerated persons as | ||||||
17 | residents of correctional facilities, the Department shall | ||||||
18 | deliver to the State Board of Elections the following | ||||||
19 | information: | ||||||
20 | (1) A unique identifier, not including the name or | ||||||
21 | Department-assigned inmate number, for each incarcerated | ||||||
22 | person subject to the jurisdiction of the Department on the | ||||||
23 | date for which the decennial census reports population. The | ||||||
24 | unique identifier shall enable the State Board of Elections | ||||||
25 | to address inquiries about specific address records to the |
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1 | Department, without making it possible for anyone outside | ||||||
2 | of the Department to identify the inmate to whom the | ||||||
3 | address record pertains. | ||||||
4 | (2) The street address of the correctional facility | ||||||
5 | where the person was incarcerated at the time of the | ||||||
6 | report. | ||||||
7 | (3) The last known address of the person prior to | ||||||
8 | incarceration or other legal residence, if known. | ||||||
9 | (4) The person's race, whether the person is of | ||||||
10 | Hispanic or Latino origin, and whether the person is age 18 | ||||||
11 | or older, if known. | ||||||
12 | (5) Any additional information as the State Board of | ||||||
13 | Elections may request pursuant to law. | ||||||
14 | (b) The Department shall provide the information specified | ||||||
15 | in subsection (a) in the form that the State Board of Elections | ||||||
16 | shall specify. | ||||||
17 | (c) Notwithstanding any other provision of law, the | ||||||
18 | information required to be provided to the State Board of | ||||||
19 | Elections pursuant to this Section shall not include the name | ||||||
20 | of any incarcerated person and shall not allow for the | ||||||
21 | identification of any person therefrom, except to the | ||||||
22 | Department. The information shall be treated as confidential | ||||||
23 | and shall not be disclosed by the State Board of Elections | ||||||
24 | except as redistricting data aggregated by census block for | ||||||
25 | purposes specified in Section 2-20.
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1 | Section 2-15. Federal facilities. The State Board of | ||||||
2 | Elections shall request each agency that operates a federal | ||||||
3 | facility in this State that incarcerates persons convicted of a | ||||||
4 | criminal offense to provide the State Board of Elections with a | ||||||
5 | report that includes the information listed in subsection (a) | ||||||
6 | of Section 2-10.
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7 | Section 2-20. State Board of Elections; redistricting | ||||||
8 | data. The State Board of Elections shall prepare redistricting | ||||||
9 | population data to reflect incarcerated persons at their | ||||||
10 | residential address, pursuant to Section 2-25. The data | ||||||
11 | prepared by the State Board of Elections shall be the basis of | ||||||
12 | the Legislative and Representative Districts required to be | ||||||
13 | created pursuant to Section 3 of Article IV of the Illinois | ||||||
14 | Constitution of 1970. Incarcerated populations residing at | ||||||
15 | unknown geographic locations within the State, as determined | ||||||
16 | under paragraph (2) of subsection (c) of Section 2-25, shall | ||||||
17 | not be used to determine the ideal population of any set of | ||||||
18 | districts, wards, or precincts.
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19 | Section 2-25. Determinations and data publication by the | ||||||
20 | State Board of Elections. | ||||||
21 | (a) For each person included in a report received under | ||||||
22 | Sections 2-10 and 2-15, the State Board of Elections shall | ||||||
23 | determine the geographic units for which population counts are | ||||||
24 | reported in the federal decennial census that contain the |
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1 | facility of incarceration and the legal residence as listed | ||||||
2 | according to the report. | ||||||
3 | (b) For each person included in a report received under | ||||||
4 | Sections 2-10 and 2-15, if the legal residence is known and in | ||||||
5 | this State, the State Board of Elections shall: | ||||||
6 | (1) ensure that the person is not represented in any | ||||||
7 | population counts reported by the State Board of Elections | ||||||
8 | for the geographic units that include the facility where | ||||||
9 | the person was incarcerated, unless that geographic unit | ||||||
10 | also includes the person's legal residence; and | ||||||
11 | (2) ensure that any population counts reported by the | ||||||
12 | State Board of Elections reflect the person's residential | ||||||
13 | address as reported under Sections 2-10 and 2-15. | ||||||
14 | (c) For each person included in a report received under | ||||||
15 | Sections 2-10 and 2-15 for whom a legal residence is unknown or | ||||||
16 | not in this State and for all persons reported in the census as | ||||||
17 | residing in a federal correctional facility for whom a report | ||||||
18 | was not provided, the State Board of Elections shall: | ||||||
19 | (1) ensure that the person is not represented in any | ||||||
20 | population counts reported by the State Board of Elections | ||||||
21 | for the geographic units that include the facility where | ||||||
22 | the person was incarcerated; and | ||||||
23 | (2) allocate the person to a State unit not tied to a | ||||||
24 | specific determined geographic location, as other State | ||||||
25 | residents with unknown State addresses are allocated. | ||||||
26 | (d) The data prepared by the State Board of Elections |
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1 | pursuant to this Section shall be completed and published no | ||||||
2 | later than 30 days after the date that federal decennial census | ||||||
3 | data required to be published by Public Law 94-171 is published | ||||||
4 | for the State of Illinois.
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5 | Section 2-30. Data; Legislative and Representative | ||||||
6 | Districts. The data prepared by the State Board of Elections in | ||||||
7 | Section 2-25 shall be used only as the basis for determining | ||||||
8 | Legislative and Representative Districts. Residences at | ||||||
9 | unknown geographic locations within the State under subsection | ||||||
10 | (c) of Section 2-25 shall not be used to determine the ideal | ||||||
11 | population of any set of districts, wards, or precincts. The | ||||||
12 | data prepared by the State Board of Elections in Section 2-25 | ||||||
13 | shall not be used in the distribution of any State or federal | ||||||
14 | aid.
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15 | Article 3. | ||||||
16 | Deaths in Custody | ||||||
17 | Section 3-1. Short title. This Article may be cited as the
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18 | Reporting of Deaths in Custody Act. References in this Article | ||||||
19 | to "this Act" mean this Article.
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20 | Section 3-5. Report of deaths of persons in custody in
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21 | correctional institutions.
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22 | (a) In this Act, "law enforcement agency" includes each law
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1 | enforcement entity within this State having the authority to
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2 | arrest and detain persons suspected of, or charged with,
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3 | committing a criminal offense, and each law enforcement entity
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4 | that operates a lock up, jail, prison, or any other facility
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5 | used to detain persons for legitimate law enforcement purposes. | ||||||
6 | (b) In any case in which a person dies:
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7 | (1) while in the custody of:
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8 | (A) a law enforcement agency; | ||||||
9 | (B) a local or State correctional facility in this
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10 | State; or
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11 | (C) a peace officer; or
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12 | (2) as a result of the peace officer's use of force,
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13 | the law enforcement agency shall investigate and report the
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14 | death in writing to the Illinois Criminal Justice | ||||||
15 | Information Authority, no later than 30 days
after the date | ||||||
16 | on which the person in custody or incarcerated
died. The | ||||||
17 | written report shall contain the following
information: | ||||||
18 | (A) facts concerning the death that are in the | ||||||
19 | possession of the law enforcement agency in charge of | ||||||
20 | the
investigation and the correctional facility where | ||||||
21 | the
death occurred including, but not limited to, race, | ||||||
22 | age, and gender of the decedent, and a brief | ||||||
23 | description of the circumstances surrounding the | ||||||
24 | death;
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25 | (B) if the death occurred in
the custody of the | ||||||
26 | Illinois
Department of
Corrections, the report
shall |
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1 | also include the jurisdiction, the law enforcement | ||||||
2 | agency
providing the investigation, and the local or | ||||||
3 | State
facility where the death occurred; | ||||||
4 | (C) if the death occurred in
the custody of the | ||||||
5 | Illinois
Department of
Corrections, the report
shall | ||||||
6 | also include if emergency care was requested by the law
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7 | enforcement agency in response to any illness, injury, | ||||||
8 | self-inflicted or otherwise, or other issue related to
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9 | rapid deterioration of physical wellness or human
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10 | subsistence, and details concerning emergency care | ||||||
11 | that
were provided to the decedent if emergency care | ||||||
12 | was
provided. | ||||||
13 | (c) The law enforcement agency and the involved
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14 | correctional administrators shall make a good faith effort to | ||||||
15 | obtain all relevant facts and circumstances relevant to the
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16 | death and include those in the report. | ||||||
17 | (d) The Illinois Criminal Justice Information Authority | ||||||
18 | shall create a standardized form
to be used for the purpose of | ||||||
19 | collecting information as
described in subsection (b). | ||||||
20 | (e) Law enforcement agencies shall use the form described
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21 | in subsection (d) to report all cases in which a person dies:
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22 | (1) while in the custody of:
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23 | (A) a law enforcement agency;
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24 | (B) a local or State correctional facility in this | ||||||
25 | State; or | ||||||
26 | (C) a peace officer; or
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1 | (2) as a result of the peace officer's use of force. | ||||||
2 | (f) The Illinois Criminal Justice Information Authority | ||||||
3 | may determine the manner in which
the form is transmitted from | ||||||
4 | a law enforcement agency to the
Illinois Criminal Justice | ||||||
5 | Information Authority. | ||||||
6 | (g) The reports shall be public records within the meaning
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7 | of subsection (c) of Section 2 of the Freedom of Information
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8 | Act and are open to public inspection, with the exception of
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9 | any portion of the report that the Illinois Criminal Justice | ||||||
10 | Information Authority determines
is privileged or protected | ||||||
11 | under Illinois or federal law. | ||||||
12 | (h) The Illinois Criminal Justice Information Authority | ||||||
13 | shall make available to the public
information of all | ||||||
14 | individual reports relating to deaths in
custody through the | ||||||
15 | Illinois Criminal Justice Information Authority's website to | ||||||
16 | be updated on
a quarterly basis. | ||||||
17 | (i) The Illinois Criminal Justice Information Authority | ||||||
18 | shall issue a public annual report
tabulating and evaluating | ||||||
19 | trends and information on deaths in
custody, including, but not | ||||||
20 | limited to: | ||||||
21 | (1) information regarding the race,
gender, sexual | ||||||
22 | orientation, and gender identity of the decedent; and a | ||||||
23 | brief description
of the circumstances
surrounding the | ||||||
24 | death;
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25 | (2) if the death occurred in
the custody of the | ||||||
26 | Illinois
Department of
Corrections, the report
shall also |
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1 | include the jurisdiction, law enforcement agency providing
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2 | the investigation, and local or State facility where the
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3 | death occurred; and
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4 | (3) recommendations and State and local efforts
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5 | underway to reduce deaths in custody. | ||||||
6 | The report shall be submitted to the Governor and General | ||||||
7 | Assembly and made available to the public on the Illinois | ||||||
8 | Criminal Justice Information Authority's website the first | ||||||
9 | week of February of each year. | ||||||
10 | (j) So that the State may oversee the healthcare provided
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11 | to any person in the custody of each law enforcement agency
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12 | within this State, provision of medical services to these
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13 | persons, general care and treatment, and any other factors that
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14 | may contribute to the death of any of these persons, the
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15 | following information shall be made available to the public on
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16 | the Illinois Criminal Justice Information Authority's website:
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17 | (1) the number of deaths that occurred during the
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18 | preceding calendar year;
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19 | (2) the known, or discoverable upon reasonable
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20 | inquiry, causes and contributing factors of each of the | ||||||
21 | in-custody deaths as defined in subsection (b); and
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22 | (3) the law enforcement agency's policies, procedures,
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23 | and protocols related to: | ||||||
24 | (A) treatment of a person experiencing withdrawal | ||||||
25 | from alcohol or substance use;
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26 | (B) the facility's provision, or lack of
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1 | provision, of medications used to treat, mitigate, or | ||||||
2 | address a person's symptoms; and
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3 | (C) notifying an inmate's next of kin after the
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4 | inmate's in-custody death. | ||||||
5 | (k) The family, next of kin, or any other person reasonably | ||||||
6 | nominated by the decedent as an emergency contact shall be
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7 | notified as soon as possible in a suitable manner giving an
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8 | accurate factual account of the cause of death and
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9 | circumstances surrounding the death in custody in accordance | ||||||
10 | with State and federal law. | ||||||
11 | (l) The law enforcement agency or correctional facility
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12 | shall name a staff person to act as dedicated family liaison
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13 | officer to be a point of contact for the family, to make and
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14 | maintain contact with the family, to report ongoing | ||||||
15 | developments and findings of investigations, and to provide
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16 | information and practical support. If requested by the
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17 | deceased's next of kin, the law enforcement agency or
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18 | correctional facility shall arrange for a chaplain, counselor,
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19 | or other suitable staff member to meet with the family and
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20 | discuss any faith considerations or concerns. The family has a
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21 | right to the medical records of a family member who has died in
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22 | custody and these records shall be disclosed to them in | ||||||
23 | accordance with State and federal law. | ||||||
24 | (m) It is unlawful for a person who is required under this
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25 | Section to investigate a death or file a report to fail to
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26 | include in the report facts known or discovered in the
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1 | investigation to the Illinois Criminal Justice Information | ||||||
2 | Authority. A violation of this
Section is a petty offense, with | ||||||
3 | fine not to exceed $500.
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4 | Article 4. | ||||||
5 | Constitutional Rights and Remedies | ||||||
6 | Section 4-1. Short title. This Article may be cited as the
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7 | Task Force on Constitutional Rights and Remedies Act. | ||||||
8 | References in this Article to "this Act" mean this Article.
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9 | Section 4-5. Task Force on Constitutional Rights and | ||||||
10 | Remedies. The Task Force on Constitutional Rights and Remedies | ||||||
11 | is created. The purpose of the Task Force on Constitutional | ||||||
12 | Rights and Remedies is to develop and propose policies and | ||||||
13 | procedures to review and reform constitutional rights and | ||||||
14 | remedies, including qualified immunity for peace officers.
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15 | Section 4-10. Task Force Members. | ||||||
16 | (a) The Task Force on Constitutional Rights and Remedies | ||||||
17 | shall be comprised of the following members: | ||||||
18 | (1) The president of statewide association | ||||||
19 | representing trial lawyers or his or her designee,
the | ||||||
20 | executive director of a statewide association advocating | ||||||
21 | for the advancement of civil liberties or his or her | ||||||
22 | designee, a representative representing statewide labor, |
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1 | all appointed by the Governor. | ||||||
2 | (2) Four members of the public appointed, one appointed | ||||||
3 | by each the Speaker of the House of Representatives, | ||||||
4 | Minority Leader of the House of Representatives, Minority | ||||||
5 | Leader of the House of Representatives, President of the | ||||||
6 | Senate, Minority Leader of the Senate. | ||||||
7 | (3) The president of a statewide bar association or his | ||||||
8 | or her designee, the executive director of a statewide | ||||||
9 | association representing county sheriffs or his or her | ||||||
10 | designee, the executive director of a statewide | ||||||
11 | association representing chiefs of police, a | ||||||
12 | representative of the Chicago Police Department, all | ||||||
13 | appointed by the Governor. | ||||||
14 | (4) The Director of the Illinois State Police or his or | ||||||
15 | her designee. | ||||||
16 | (5) The Attorney General, or his or her designee. | ||||||
17 | (6) A retired judge appointed by the Governor. | ||||||
18 | (7)
one State Representative, appointed by the Speaker | ||||||
19 | of the House of Representatives;
one State Representative, | ||||||
20 | appointed by the Minority Leader of the House of | ||||||
21 | Representatives;
one State Senator, appointed by the | ||||||
22 | President of the Senate;
one State Senator, appointed by | ||||||
23 | the Minority Leader of the Senate.
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24 | (b) The members of the Task Force shall serve without | ||||||
25 | compensation. | ||||||
26 | (c) The Illinois Criminal Justice Information Authority |
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1 | shall provide administrative and technical support to the Task | ||||||
2 | Force and be responsible for administering its operations, | ||||||
3 | appointing a chairperson, and ensuring that the requirements of | ||||||
4 | the Task Force are met.
The President of the Senate and the | ||||||
5 | Speaker of the House of Representatives shall appoint | ||||||
6 | co-chairpersons for the Task Force. The Task Force shall have | ||||||
7 | all appointments made within 30 days of the effective date of | ||||||
8 | this amendatory Act of the 101st General Assembly.
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9 | Section 4-15. Meetings; report. | ||||||
10 | (a) The Task Force shall meet at least 3 times with the | ||||||
11 | first meeting occurring within 60 days after the effective date | ||||||
12 | of this amendatory Act of the 101st General Assembly. | ||||||
13 | (b) The Task Force shall review available research, best | ||||||
14 | practices, and effective interventions to formulate | ||||||
15 | recommendations. | ||||||
16 | (c) The Task Force shall produce a report detailing the | ||||||
17 | Task Force's findings and recommendations and needed | ||||||
18 | resources. The Task Force shall submit a report of its findings | ||||||
19 | and recommendations to the General Assembly and the Governor by | ||||||
20 | May 1, 2021.
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21 | Section 4-20. Repeal.
This Act is repealed on January 1, | ||||||
22 | 2022.
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23 | Article 10. |
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1 | Amendatory Provisions | ||||||
2 | Section 10-105. The Statute on Statutes is amended by | ||||||
3 | adding Section 1.43 as follows:
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4 | (5 ILCS 70/1.43 new) | ||||||
5 | Sec. 1.43. Reference to bail, bail bond, or conditions of | ||||||
6 | bail. Whenever there is a reference in any Act to "bail", "bail | ||||||
7 | bond", or "conditions of bail", these terms shall be construed | ||||||
8 | as "pretrial release" or "conditions of pretrial release".
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9 | Section 10-110. The Freedom of Information Act is amended | ||||||
10 | by changing Section 2.15 as follows:
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11 | (5 ILCS 140/2.15) | ||||||
12 | Sec. 2.15. Arrest reports and criminal history records. | ||||||
13 | (a) Arrest reports. The following chronologically | ||||||
14 | maintained arrest and criminal history information maintained | ||||||
15 | by State or local criminal justice agencies shall be furnished | ||||||
16 | as soon as practical, but in no event later than 72 hours after | ||||||
17 | the arrest, notwithstanding the time limits otherwise provided | ||||||
18 | for in Section 3 of this Act: (i) information that identifies | ||||||
19 | the individual, including the name, age, address, and | ||||||
20 | photograph, when and if available; (ii) information detailing | ||||||
21 | any charges relating to the arrest; (iii) the time and location | ||||||
22 | of the arrest; (iv) the name of the investigating or arresting |
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1 | law enforcement agency; (v) if the individual is incarcerated, | ||||||
2 | the conditions of pretrial release amount of any bail or bond ; | ||||||
3 | and (vi) if the individual is incarcerated, the time and date | ||||||
4 | that the individual was received into, discharged from, or | ||||||
5 | transferred from the arresting agency's custody. | ||||||
6 | (b) Criminal history records. The following documents | ||||||
7 | maintained by a public body pertaining to
criminal history | ||||||
8 | record information are public records subject to inspection and | ||||||
9 | copying by the
public pursuant to this Act: (i) court records | ||||||
10 | that are public; (ii) records that are otherwise
available | ||||||
11 | under State or local law; and (iii) records in which the | ||||||
12 | requesting party is the individual
identified, except as | ||||||
13 | provided under Section 7(1)(d)(vi). | ||||||
14 | (c) Information described in items (iii) through (vi) of | ||||||
15 | subsection (a) may be withheld if it is
determined that | ||||||
16 | disclosure would: (i) interfere with pending or actually and | ||||||
17 | reasonably contemplated law enforcement proceedings conducted | ||||||
18 | by any law enforcement agency; (ii) endanger the life or | ||||||
19 | physical safety of law enforcement or correctional personnel or | ||||||
20 | any other person; or (iii) compromise the security of any | ||||||
21 | correctional facility. | ||||||
22 | (d) The provisions of this Section do not supersede the | ||||||
23 | confidentiality provisions for law enforcement or arrest | ||||||
24 | records of the Juvenile Court Act of 1987.
| ||||||
25 | (e) Notwithstanding the requirements of subsection (a), a | ||||||
26 | law enforcement agency may not publish booking photographs, |
| |||||||
| |||||||
1 | commonly known as "mugshots", on its social networking website | ||||||
2 | in connection with civil offenses, petty offenses, business | ||||||
3 | offenses, Class C misdemeanors, and Class B misdemeanors unless | ||||||
4 | the booking photograph is posted to the social networking | ||||||
5 | website to assist in the search for a missing person or to | ||||||
6 | assist in the search for a fugitive, person of interest, or | ||||||
7 | individual wanted in relation to a crime other than a petty | ||||||
8 | offense, business offense, Class C misdemeanor, or Class B | ||||||
9 | misdemeanor. As used in this subsection, "social networking | ||||||
10 | website" has the meaning provided in Section 10 of the Right to | ||||||
11 | Privacy in the Workplace Act. | ||||||
12 | (Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19.)
| ||||||
13 | Section 10-115. The State Records Act is amended by | ||||||
14 | changing Section 4a as follows:
| ||||||
15 | (5 ILCS 160/4a)
| ||||||
16 | Sec. 4a. Arrest records and reports.
| ||||||
17 | (a) When an individual is arrested, the following | ||||||
18 | information must
be made available to the news media for | ||||||
19 | inspection and copying:
| ||||||
20 | (1) Information that identifies the individual,
| ||||||
21 | including the name, age, address, and photograph, when and | ||||||
22 | if available.
| ||||||
23 | (2) Information detailing any charges relating to the | ||||||
24 | arrest.
|
| |||||||
| |||||||
1 | (3) The time and location of the arrest.
| ||||||
2 | (4) The name of the investigating or arresting law | ||||||
3 | enforcement agency.
| ||||||
4 | (5) If the individual is incarcerated, the conditions | ||||||
5 | of pretrial release amount of any bail
or bond .
| ||||||
6 | (6) If the individual is incarcerated, the time and | ||||||
7 | date that the
individual was received, discharged, or | ||||||
8 | transferred from the arresting
agency's custody.
| ||||||
9 | (b) The information required by this Section must be made | ||||||
10 | available to the
news media for inspection and copying as soon | ||||||
11 | as practicable, but in no event
shall the time period exceed 72 | ||||||
12 | hours from the arrest. The information
described in paragraphs | ||||||
13 | (3), (4), (5), and (6) of
subsection (a), however, may be | ||||||
14 | withheld if it is determined that disclosure
would:
| ||||||
15 | (1) interfere with pending or actually and reasonably | ||||||
16 | contemplated law
enforcement proceedings conducted by any | ||||||
17 | law enforcement or correctional
agency;
| ||||||
18 | (2) endanger the life or physical safety of law | ||||||
19 | enforcement or
correctional personnel or any other person; | ||||||
20 | or
| ||||||
21 | (3) compromise the security of any correctional | ||||||
22 | facility.
| ||||||
23 | (c) For the purposes of this Section, the term "news media" | ||||||
24 | means personnel
of a newspaper or other periodical issued at | ||||||
25 | regular intervals whether in
print or electronic format, a news | ||||||
26 | service whether in print or electronic
format, a radio station, |
| |||||||
| |||||||
1 | a television station, a television network, a
community antenna | ||||||
2 | television service, or a person or corporation engaged in
| ||||||
3 | making news reels or other motion picture news for public | ||||||
4 | showing.
| ||||||
5 | (d) Each law enforcement or correctional agency may charge | ||||||
6 | fees for arrest
records, but in no instance may the fee exceed | ||||||
7 | the actual cost of copying and
reproduction. The fees may not | ||||||
8 | include the cost of the labor used to reproduce
the arrest | ||||||
9 | record.
| ||||||
10 | (e) The provisions of this Section do not supersede the | ||||||
11 | confidentiality
provisions for arrest records of the Juvenile | ||||||
12 | Court Act of 1987.
| ||||||
13 | (f) All information, including photographs, made available | ||||||
14 | under this Section is subject to the provisions of Section 2QQQ | ||||||
15 | of the Consumer Fraud and Deceptive Business Practices Act. | ||||||
16 | (g) Notwithstanding the requirements of subsection (a), a | ||||||
17 | law enforcement agency may not publish booking photographs, | ||||||
18 | commonly known as "mugshots", on its social networking website | ||||||
19 | in connection with civil offenses, petty offenses, business | ||||||
20 | offenses, Class C misdemeanors, and Class B misdemeanors unless | ||||||
21 | the booking photograph is posted to the social networking | ||||||
22 | website to assist in the search for a missing person or to | ||||||
23 | assist in the search for a fugitive, person of interest, or | ||||||
24 | individual wanted in relation to a crime other than a petty | ||||||
25 | offense, business offense, Class C misdemeanor, or Class B | ||||||
26 | misdemeanor. As used in this subsection, "social networking |
| |||||||
| |||||||
1 | website" has the meaning provided in Section 10 of the Right to | ||||||
2 | Privacy in the Workplace Act. | ||||||
3 | (Source: P.A. 101-433, eff. 8-20-19.)
| ||||||
4 | Section 10-116. The Illinois Public Labor Relations Act is | ||||||
5 | amended by changing Section 14 as follows:
| ||||||
6 | (5 ILCS 315/14) (from Ch. 48, par. 1614)
| ||||||
7 | Sec. 14. Security employee, peace officer and fire fighter | ||||||
8 | disputes.
| ||||||
9 | (a) In the case of collective bargaining agreements | ||||||
10 | involving units of
security employees of a public employer, | ||||||
11 | Peace Officer Units, or units of
fire fighters or paramedics, | ||||||
12 | and in the case of disputes under Section 18,
unless the | ||||||
13 | parties mutually agree to some other time limit, mediation
| ||||||
14 | shall commence 30 days prior to the expiration date of such | ||||||
15 | agreement or
at such later time as the mediation services | ||||||
16 | chosen under subsection (b) of
Section 12 can be provided to | ||||||
17 | the parties. In the case of negotiations
for an initial | ||||||
18 | collective bargaining agreement, mediation shall commence
upon | ||||||
19 | 15 days notice from either party or at such later time as the
| ||||||
20 | mediation services chosen pursuant to subsection (b) of Section | ||||||
21 | 12 can be
provided to the parties. In mediation under this | ||||||
22 | Section, if either party
requests the use of mediation services | ||||||
23 | from the Federal Mediation and
Conciliation Service, the other | ||||||
24 | party shall either join in such request or
bear the additional |
| |||||||
| |||||||
1 | cost of mediation services from another source. The
mediator | ||||||
2 | shall have a duty to keep the Board informed on the progress of
| ||||||
3 | the mediation. If any dispute has not been resolved within 15 | ||||||
4 | days after
the first meeting of the parties and the mediator, | ||||||
5 | or within such other
time limit as may be mutually agreed upon | ||||||
6 | by the parties, either the
exclusive representative or employer | ||||||
7 | may request of the other, in writing,
arbitration, and shall | ||||||
8 | submit a copy of the request to the Board.
| ||||||
9 | (b) Within 10 days after such a request for arbitration has | ||||||
10 | been
made, the employer shall choose a delegate and
the | ||||||
11 | employees' exclusive representative shall choose a delegate to | ||||||
12 | a panel
of arbitration as provided in this Section. The | ||||||
13 | employer and employees
shall forthwith advise the other and the | ||||||
14 | Board of their selections.
| ||||||
15 | (c) Within 7 days after the request of either party, the | ||||||
16 | parties shall request a panel of impartial arbitrators from | ||||||
17 | which they shall select the neutral chairman according to the | ||||||
18 | procedures provided in this Section. If the parties have agreed | ||||||
19 | to a contract that contains a grievance resolution procedure as | ||||||
20 | provided in Section 8, the chairman shall be selected using | ||||||
21 | their agreed contract procedure unless they mutually agree to | ||||||
22 | another procedure. If the parties fail to notify the Board of | ||||||
23 | their selection of neutral chairman within 7 days after receipt | ||||||
24 | of the list of impartial arbitrators, the Board shall appoint, | ||||||
25 | at random, a neutral chairman from the list. In the absence of | ||||||
26 | an agreed contract procedure for selecting an impartial |
| |||||||
| |||||||
1 | arbitrator, either party may request a panel from the Board. | ||||||
2 | Within 7 days of the request of either party, the Board shall | ||||||
3 | select
from the Public Employees Labor Mediation Roster 7 | ||||||
4 | persons who are on the
labor arbitration panels of either the | ||||||
5 | American Arbitration Association or
the Federal Mediation and | ||||||
6 | Conciliation Service, or who are members of the
National | ||||||
7 | Academy of Arbitrators, as nominees for
impartial arbitrator of | ||||||
8 | the arbitration panel. The parties may select an
individual on | ||||||
9 | the list provided by the Board or any other individual
mutually | ||||||
10 | agreed upon by the parties. Within 7 days following the receipt
| ||||||
11 | of the list, the parties shall notify the Board of the person | ||||||
12 | they have
selected. Unless the parties agree on an alternate | ||||||
13 | selection procedure,
they shall alternatively strike one name | ||||||
14 | from the list provided by the
Board until only one name | ||||||
15 | remains. A coin toss shall determine which party
shall strike | ||||||
16 | the first name. If the parties fail to notify the Board in a
| ||||||
17 | timely manner of their selection for neutral chairman, the | ||||||
18 | Board shall
appoint a neutral chairman from the Illinois Public | ||||||
19 | Employees
Mediation/Arbitration Roster.
| ||||||
20 | (d) The chairman shall call a hearing to begin within 15 | ||||||
21 | days and give
reasonable notice of the time and place of the | ||||||
22 | hearing. The hearing
shall be held at the offices of the Board | ||||||
23 | or at such other location as the
Board deems appropriate. The | ||||||
24 | chairman shall preside over the hearing and
shall take | ||||||
25 | testimony. Any oral or documentary evidence and other data
| ||||||
26 | deemed relevant by the arbitration panel may be received in |
| |||||||
| |||||||
1 | evidence. The
proceedings shall be informal. Technical rules of | ||||||
2 | evidence shall not apply
and the competency of the evidence | ||||||
3 | shall not thereby be deemed impaired. A
verbatim record of the | ||||||
4 | proceedings shall be made and the arbitrator shall
arrange for | ||||||
5 | the necessary recording service. Transcripts may be ordered at
| ||||||
6 | the expense of the party ordering them, but the transcripts | ||||||
7 | shall not be
necessary for a decision by the arbitration panel. | ||||||
8 | The expense of the
proceedings, including a fee for the | ||||||
9 | chairman, shall be borne equally by each of the parties to the | ||||||
10 | dispute.
The delegates, if public officers or employees, shall | ||||||
11 | continue on the
payroll of the public employer without loss of | ||||||
12 | pay. The hearing conducted
by the arbitration panel may be | ||||||
13 | adjourned from time to time, but unless
otherwise agreed by the | ||||||
14 | parties, shall be concluded within 30 days of the
time of its | ||||||
15 | commencement. Majority actions and rulings shall constitute
| ||||||
16 | the actions and rulings of the arbitration panel. Arbitration | ||||||
17 | proceedings
under this Section shall not be interrupted or | ||||||
18 | terminated by reason of any
unfair labor practice charge filed | ||||||
19 | by either party at any time.
| ||||||
20 | (e) The arbitration panel may administer oaths, require the | ||||||
21 | attendance
of witnesses, and the production of such books, | ||||||
22 | papers, contracts, agreements
and documents as may be deemed by | ||||||
23 | it material to a just determination of
the issues in dispute, | ||||||
24 | and for such purpose may issue subpoenas. If any
person refuses | ||||||
25 | to obey a subpoena, or refuses to be sworn or to testify,
or if | ||||||
26 | any witness, party or attorney is guilty of any contempt while |
| |||||||
| |||||||
1 | in
attendance at any hearing, the arbitration panel may, or the | ||||||
2 | attorney general
if requested shall, invoke the aid of any | ||||||
3 | circuit court within the jurisdiction
in which the hearing is | ||||||
4 | being held, which court shall issue an appropriate
order. Any | ||||||
5 | failure to obey the order may be punished by the court as | ||||||
6 | contempt.
| ||||||
7 | (f) At any time before the rendering of an award, the | ||||||
8 | chairman of the
arbitration panel, if he is of the opinion that | ||||||
9 | it would be useful or
beneficial to do so, may remand the | ||||||
10 | dispute to the parties for further
collective bargaining for a | ||||||
11 | period not to exceed 2 weeks. If the dispute
is remanded for | ||||||
12 | further collective bargaining the time provisions of this
Act | ||||||
13 | shall be extended for a time period equal to that of the | ||||||
14 | remand. The
chairman of the panel of arbitration shall notify | ||||||
15 | the Board of the remand.
| ||||||
16 | (g) At or before the conclusion of the hearing held | ||||||
17 | pursuant to subsection
(d), the arbitration panel shall | ||||||
18 | identify the economic issues in dispute,
and direct each of the | ||||||
19 | parties to submit, within such time limit as the
panel shall | ||||||
20 | prescribe, to the arbitration panel and to each other its last
| ||||||
21 | offer of settlement on each economic issue. The determination | ||||||
22 | of the
arbitration panel as to the issues in dispute and as to | ||||||
23 | which of these
issues are economic shall be conclusive. The | ||||||
24 | arbitration panel, within 30
days after the conclusion of the | ||||||
25 | hearing, or such further additional
periods to which the | ||||||
26 | parties may agree, shall make written findings of fact
and |
| |||||||
| |||||||
1 | promulgate a written opinion and shall mail or otherwise | ||||||
2 | deliver a true
copy thereof to the parties and their | ||||||
3 | representatives and to the Board. As
to each economic issue, | ||||||
4 | the arbitration panel shall adopt the last offer of
settlement | ||||||
5 | which, in the opinion of the arbitration panel, more nearly
| ||||||
6 | complies with the applicable factors prescribed in subsection | ||||||
7 | (h). The
findings, opinions and order as to all other issues | ||||||
8 | shall be based upon the
applicable factors prescribed in | ||||||
9 | subsection (h).
| ||||||
10 | (h) Where there is no agreement between the parties, or | ||||||
11 | where there is
an agreement but the parties have begun | ||||||
12 | negotiations or discussions looking
to a new agreement or | ||||||
13 | amendment of the existing agreement, and wage rates
or other | ||||||
14 | conditions of employment under the proposed new or amended | ||||||
15 | agreement
are in dispute, the arbitration panel shall base its | ||||||
16 | findings, opinions
and order upon the following factors, as | ||||||
17 | applicable:
| ||||||
18 | (1) The lawful authority of the employer.
| ||||||
19 | (2) Stipulations of the parties.
| ||||||
20 | (3) The interests and welfare of the public and the | ||||||
21 | financial ability
of the unit of government to meet those | ||||||
22 | costs.
| ||||||
23 | (4) Comparison of the wages, hours and conditions of | ||||||
24 | employment of the
employees involved in the arbitration | ||||||
25 | proceeding with the wages, hours and
conditions of | ||||||
26 | employment of other employees performing similar services
|
| |||||||
| |||||||
1 | and with other employees generally:
| ||||||
2 | (A) In public employment in comparable | ||||||
3 | communities.
| ||||||
4 | (B) In private employment in comparable | ||||||
5 | communities.
| ||||||
6 | (5) The average consumer prices for goods and services, | ||||||
7 | commonly known
as the cost of living.
| ||||||
8 | (6) The overall compensation presently received by the | ||||||
9 | employees,
including
direct wage compensation, vacations, | ||||||
10 | holidays and other excused time, insurance
and pensions, | ||||||
11 | medical and hospitalization benefits, the continuity and
| ||||||
12 | stability of employment and all other benefits received.
| ||||||
13 | (7) Changes in any of the foregoing circumstances | ||||||
14 | during the pendency
of the arbitration proceedings.
| ||||||
15 | (8) Such other factors, not confined to the foregoing, | ||||||
16 | which are normally
or traditionally taken into | ||||||
17 | consideration in the determination of wages,
hours and | ||||||
18 | conditions of employment through voluntary collective | ||||||
19 | bargaining,
mediation, fact-finding, arbitration or | ||||||
20 | otherwise between the parties, in
the public service or in | ||||||
21 | private employment.
| ||||||
22 | (i) In the case of peace officers, the arbitration decision | ||||||
23 | shall be
limited to wages, hours, and conditions of employment | ||||||
24 | (which may include
residency requirements in municipalities | ||||||
25 | with a population under 100,000 1,000,000 , but
those residency | ||||||
26 | requirements shall not allow residency outside of Illinois)
and |
| |||||||
| |||||||
1 | shall not include
the following: i) residency requirements in | ||||||
2 | municipalities with a population
of at least 100,000 1,000,000 ; | ||||||
3 | ii) the type of equipment, other
than uniforms, issued or used; | ||||||
4 | iii) manning; iv) the total number of
employees employed by the | ||||||
5 | department; v) mutual aid and assistance
agreements to other | ||||||
6 | units of government; and vi) the criterion pursuant to
which | ||||||
7 | force, including deadly force, can be used; provided, nothing | ||||||
8 | herein
shall preclude an arbitration decision regarding | ||||||
9 | equipment or manning
levels if such decision is based on a | ||||||
10 | finding that the equipment or manning
considerations in a | ||||||
11 | specific work assignment involve a serious risk to the
safety | ||||||
12 | of a peace officer beyond that which is inherent in the normal
| ||||||
13 | performance of police duties. Limitation of the terms of the | ||||||
14 | arbitration
decision pursuant to this subsection shall not be | ||||||
15 | construed to limit the
factors upon which the decision may be | ||||||
16 | based, as set forth in subsection (h).
| ||||||
17 | In the case of fire fighter, and fire department or fire | ||||||
18 | district paramedic
matters, the arbitration decision shall be | ||||||
19 | limited to wages, hours, and
conditions of employment | ||||||
20 | (including manning and also including residency requirements | ||||||
21 | in
municipalities with a population under 1,000,000, but those | ||||||
22 | residency
requirements shall not allow residency outside of | ||||||
23 | Illinois) and shall not
include the
following matters: i) | ||||||
24 | residency requirements in municipalities with a
population of | ||||||
25 | at least 1,000,000; ii) the type of equipment (other than
| ||||||
26 | uniforms and fire fighter turnout gear) issued or used; iii) |
| |||||||
| |||||||
1 | the total
number of employees employed by the department; iv) | ||||||
2 | mutual aid and
assistance agreements to other units of | ||||||
3 | government; and v) the criterion
pursuant to which force, | ||||||
4 | including deadly force, can be used; provided,
however, nothing | ||||||
5 | herein shall preclude an arbitration decision regarding
| ||||||
6 | equipment levels if such decision is based on a finding that | ||||||
7 | the equipment
considerations in a specific work assignment | ||||||
8 | involve a serious risk to the
safety of a fire fighter beyond | ||||||
9 | that which is inherent in the normal
performance of fire | ||||||
10 | fighter duties. Limitation of the terms of the
arbitration | ||||||
11 | decision pursuant to this subsection shall not be construed to
| ||||||
12 | limit the facts upon which the decision may be based, as set | ||||||
13 | forth in
subsection (h).
| ||||||
14 | The changes to this subsection (i) made by Public Act | ||||||
15 | 90-385 (relating to residency requirements) do not
apply to | ||||||
16 | persons who are employed by a combined department that performs | ||||||
17 | both
police and firefighting services; these persons shall be | ||||||
18 | governed by the
provisions of this subsection (i) relating to | ||||||
19 | peace officers, as they existed
before the amendment by Public | ||||||
20 | Act 90-385.
| ||||||
21 | To preserve historical bargaining rights, this subsection | ||||||
22 | shall not apply
to any provision of a fire fighter collective | ||||||
23 | bargaining agreement in effect
and applicable on the effective | ||||||
24 | date of this Act; provided, however, nothing
herein shall | ||||||
25 | preclude arbitration with respect to any such provision.
| ||||||
26 | (j) Arbitration procedures shall be deemed to be initiated |
| |||||||
| |||||||
1 | by the
filing of a letter requesting mediation as required | ||||||
2 | under subsection (a)
of this Section. The commencement of a new | ||||||
3 | municipal fiscal year after the
initiation of arbitration | ||||||
4 | procedures under this Act, but before the
arbitration decision, | ||||||
5 | or its enforcement, shall not be deemed to render a
dispute | ||||||
6 | moot, or to otherwise impair the jurisdiction or authority of | ||||||
7 | the
arbitration panel or its decision. Increases in rates
of | ||||||
8 | compensation awarded by the arbitration panel may be effective | ||||||
9 | only at
the start of the fiscal year next commencing after the | ||||||
10 | date of the arbitration
award. If a new fiscal year has | ||||||
11 | commenced either since the initiation of
arbitration | ||||||
12 | procedures under this Act or since any mutually agreed
| ||||||
13 | extension of the statutorily required period of mediation
under | ||||||
14 | this Act by the parties to the labor dispute causing a
delay in | ||||||
15 | the initiation of arbitration, the foregoing limitations shall | ||||||
16 | be
inapplicable, and such awarded increases may be retroactive | ||||||
17 | to the
commencement of the fiscal year, any other statute or | ||||||
18 | charter provisions to
the contrary, notwithstanding. At any | ||||||
19 | time the parties, by stipulation, may
amend or modify an award | ||||||
20 | of arbitration.
| ||||||
21 | (k) Orders of the arbitration panel shall be reviewable, | ||||||
22 | upon
appropriate petition by either the public employer or the | ||||||
23 | exclusive
bargaining representative, by the circuit court for | ||||||
24 | the county in which the
dispute arose or in which a majority of | ||||||
25 | the affected employees reside, but
only for reasons that the | ||||||
26 | arbitration panel was without or exceeded its
statutory |
| |||||||
| |||||||
1 | authority; the order is arbitrary, or capricious; or the order
| ||||||
2 | was procured by fraud, collusion or other similar and unlawful | ||||||
3 | means. Such
petitions for review must be filed with the | ||||||
4 | appropriate circuit court
within 90 days following the issuance | ||||||
5 | of the arbitration order. The
pendency of such proceeding for | ||||||
6 | review shall not automatically stay the
order of the | ||||||
7 | arbitration panel. The party against whom the final decision
of | ||||||
8 | any such court shall be adverse, if such court finds such | ||||||
9 | appeal or
petition to be frivolous, shall pay reasonable | ||||||
10 | attorneys' fees and costs to
the successful party as determined | ||||||
11 | by said court in its discretion. If said
court's decision | ||||||
12 | affirms the award of money, such award, if retroactive,
shall | ||||||
13 | bear interest at the rate of 12 percent per annum from the | ||||||
14 | effective
retroactive date.
| ||||||
15 | (l) During the pendency of proceedings before the | ||||||
16 | arbitration panel,
existing wages, hours, and other conditions | ||||||
17 | of employment shall not be
changed by action of either party | ||||||
18 | without the consent of the other but a
party may so consent | ||||||
19 | without prejudice to his rights or position under
this Act. The | ||||||
20 | proceedings are deemed to be pending before the arbitration
| ||||||
21 | panel upon the initiation of arbitration procedures under this | ||||||
22 | Act.
| ||||||
23 | (m) Security officers of public employers, and Peace | ||||||
24 | Officers, Fire
Fighters and fire department and fire protection | ||||||
25 | district paramedics,
covered by this Section may not withhold | ||||||
26 | services, nor may public employers
lock out or prevent such |
| |||||||
| |||||||
1 | employees from performing services at any time.
| ||||||
2 | (n) All of the terms decided upon by the arbitration panel | ||||||
3 | shall be included
in an agreement to be submitted to the public | ||||||
4 | employer's governing body
for ratification and adoption by law, | ||||||
5 | ordinance or the equivalent
appropriate means.
| ||||||
6 | The governing body shall review each term decided by the | ||||||
7 | arbitration panel.
If the governing body fails to reject one or | ||||||
8 | more terms of the
arbitration panel's decision by a 3/5 vote of | ||||||
9 | those duly elected and
qualified members of the governing body, | ||||||
10 | within 20 days of issuance, or
in the case of firefighters | ||||||
11 | employed by a state university, at the next
regularly scheduled | ||||||
12 | meeting of the governing body after issuance, such
term or | ||||||
13 | terms shall become a part of the collective bargaining | ||||||
14 | agreement of
the parties. If the governing body affirmatively | ||||||
15 | rejects one or more terms
of the arbitration panel's decision, | ||||||
16 | it must provide reasons for such
rejection with respect to each | ||||||
17 | term so rejected, within 20 days of such
rejection and the | ||||||
18 | parties shall return to the arbitration panel
for further | ||||||
19 | proceedings and issuance of a supplemental decision with | ||||||
20 | respect
to the rejected terms. Any supplemental decision by an | ||||||
21 | arbitration panel
or other decision maker agreed to by the | ||||||
22 | parties shall be submitted to
the governing body for | ||||||
23 | ratification and adoption in accordance with the
procedures and | ||||||
24 | voting requirements set forth in this Section.
The voting | ||||||
25 | requirements of this subsection shall apply to all disputes
| ||||||
26 | submitted to arbitration pursuant to this Section |
| |||||||
| |||||||
1 | notwithstanding any
contrary voting requirements contained in | ||||||
2 | any existing collective
bargaining agreement between the | ||||||
3 | parties.
| ||||||
4 | (o) If the governing body of the employer votes to reject | ||||||
5 | the panel's
decision, the parties shall return to the panel | ||||||
6 | within 30 days from the
issuance of the reasons for rejection | ||||||
7 | for further proceedings and issuance
of a supplemental | ||||||
8 | decision. All reasonable costs of such supplemental
proceeding | ||||||
9 | including the exclusive representative's reasonable attorney's
| ||||||
10 | fees, as established by the Board, shall be paid by the | ||||||
11 | employer.
| ||||||
12 | (p) Notwithstanding the provisions of this Section the | ||||||
13 | employer and
exclusive representative may agree to submit | ||||||
14 | unresolved disputes concerning
wages, hours, terms and | ||||||
15 | conditions of employment to an alternative form of
impasse | ||||||
16 | resolution.
| ||||||
17 | (Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)
| ||||||
18 | Section 10-116.5. The Community-Law Enforcement | ||||||
19 | Partnership for Deflection and Substance Use Disorder | ||||||
20 | Treatment Act is amended by changing Sections 1, 5, 10, 15, 20, | ||||||
21 | 30, and 35 and by adding Section 21 as follows:
| ||||||
22 | (5 ILCS 820/1)
| ||||||
23 | Sec. 1. Short title. This Act may be cited as the | ||||||
24 | Community-Law Enforcement and Other First Responder |
| |||||||
| |||||||
1 | Partnership for Deflection and Substance Use Disorder | ||||||
2 | Treatment Act.
| ||||||
3 | (Source: P.A. 100-1025, eff. 1-1-19 .)
| ||||||
4 | (5 ILCS 820/5)
| ||||||
5 | Sec. 5. Purposes. The General Assembly hereby acknowledges | ||||||
6 | that opioid use disorders, overdoses, and deaths in Illinois | ||||||
7 | are persistent and growing concerns for Illinois communities. | ||||||
8 | These concerns compound existing challenges to adequately | ||||||
9 | address and manage substance use and mental health disorders. | ||||||
10 | Law enforcement officers , other first responders, and | ||||||
11 | co-responders have a unique opportunity to facilitate | ||||||
12 | connections to community-based behavioral health interventions | ||||||
13 | that provide substance use treatment and can help save and | ||||||
14 | restore lives; help reduce drug use, overdose incidence, | ||||||
15 | criminal offending, and recidivism; and help prevent arrest and | ||||||
16 | conviction records that destabilize health, families, and | ||||||
17 | opportunities for community citizenship and self-sufficiency. | ||||||
18 | These efforts are bolstered when pursued in partnership with | ||||||
19 | licensed behavioral health treatment providers and community | ||||||
20 | members or organizations. It is the intent of the General | ||||||
21 | Assembly to authorize law enforcement and other first | ||||||
22 | responders to develop and implement collaborative deflection | ||||||
23 | programs in Illinois that offer immediate pathways to substance | ||||||
24 | use treatment and other services as an alternative to | ||||||
25 | traditional case processing and involvement in the criminal |
| |||||||
| |||||||
1 | justice system , and to unnecessary admission to emergency | ||||||
2 | departments .
| ||||||
3 | (Source: P.A. 100-1025, eff. 1-1-19 .)
| ||||||
4 | (5 ILCS 820/10)
| ||||||
5 | Sec. 10. Definitions. In this Act:
| ||||||
6 | "Case management" means those services which will assist | ||||||
7 | persons in gaining access to needed social, educational, | ||||||
8 | medical, substance use and mental health treatment, and other | ||||||
9 | services.
| ||||||
10 | "Community member or organization" means an individual | ||||||
11 | volunteer, resident, public office, or a not-for-profit | ||||||
12 | organization, religious institution, charitable organization, | ||||||
13 | or other public body committed to the improvement of individual | ||||||
14 | and family mental and physical well-being and the overall | ||||||
15 | social welfare of the community, and may include persons with | ||||||
16 | lived experience in recovery from substance use disorder, | ||||||
17 | either themselves or as family members.
| ||||||
18 | "Other first responder" means and includes emergency | ||||||
19 | medical services providers that are public units of government, | ||||||
20 | fire departments and districts, and officials and responders | ||||||
21 | representing and employed by these entities. | ||||||
22 | "Deflection program" means a program in which a peace | ||||||
23 | officer or member of a law enforcement agency or other first | ||||||
24 | responder facilitates contact between an individual and a | ||||||
25 | licensed substance use treatment provider or clinician for |
| |||||||
| |||||||
1 | assessment and coordination of treatment planning , including | ||||||
2 | co-responder approaches that incorporate behavioral health, | ||||||
3 | peer, or social work professionals with law enforcement or | ||||||
4 | other first responders at the scene . This facilitation includes | ||||||
5 | defined criteria for eligibility and communication protocols | ||||||
6 | agreed to by the law enforcement agency or other first | ||||||
7 | responder entity and the licensed treatment provider for the | ||||||
8 | purpose of providing substance use treatment to those persons | ||||||
9 | in lieu of arrest or further justice system involvement , or | ||||||
10 | unnecessary admissions to the emergency department . Deflection | ||||||
11 | programs may include, but are not limited to, the following | ||||||
12 | types of responses: | ||||||
13 | (1) a post-overdose deflection response initiated by a | ||||||
14 | peace officer or law enforcement agency subsequent to | ||||||
15 | emergency administration of medication to reverse an | ||||||
16 | overdose, or in cases of severe substance use disorder with | ||||||
17 | acute risk for overdose;
| ||||||
18 | (2) a self-referral deflection response initiated by | ||||||
19 | an individual by contacting a peace officer or law | ||||||
20 | enforcement agency or other first responder in the | ||||||
21 | acknowledgment of their substance use or disorder;
| ||||||
22 | (3) an active outreach deflection response initiated | ||||||
23 | by a peace officer or law enforcement agency or other first | ||||||
24 | responder as a result of proactive identification of | ||||||
25 | persons thought likely to have a substance use disorder;
| ||||||
26 | (4) an officer or other first responder prevention |
| |||||||
| |||||||
1 | deflection response initiated by a peace officer or law | ||||||
2 | enforcement agency in response to a community call when no | ||||||
3 | criminal charges are present; and | ||||||
4 | (5) an officer intervention deflection response when | ||||||
5 | criminal charges are present but held in abeyance pending | ||||||
6 | engagement with treatment.
| ||||||
7 | "Law enforcement agency" means a municipal police | ||||||
8 | department or county sheriff's office of this State, the | ||||||
9 | Department of State Police, or other law enforcement agency | ||||||
10 | whose officers, by statute, are granted and authorized to | ||||||
11 | exercise powers similar to those conferred upon any peace | ||||||
12 | officer employed by a law enforcement agency of this State.
| ||||||
13 | "Licensed treatment provider" means an organization | ||||||
14 | licensed by the Department of Human Services to perform an | ||||||
15 | activity or service, or a coordinated range of those activities | ||||||
16 | or services, as the Department of Human Services may establish | ||||||
17 | by rule, such as the broad range of emergency, outpatient, | ||||||
18 | intensive outpatient, and residential services and care, | ||||||
19 | including assessment, diagnosis, case management, medical, | ||||||
20 | psychiatric, psychological and social services, | ||||||
21 | medication-assisted treatment, care and counseling, and | ||||||
22 | recovery support, which may be extended to persons to assess or | ||||||
23 | treat substance use disorder or to families of those persons.
| ||||||
24 | "Peace officer" means any peace officer or member of any | ||||||
25 | duly organized State, county, or municipal peace officer unit, | ||||||
26 | any police force of another State, or any police force whose |
| |||||||
| |||||||
1 | members, by statute, are granted and authorized to exercise | ||||||
2 | powers similar to those conferred upon any peace officer | ||||||
3 | employed by a law enforcement agency of this State.
| ||||||
4 | "Substance use disorder" means a pattern of use of alcohol | ||||||
5 | or other drugs leading to clinical or functional impairment, in | ||||||
6 | accordance with the definition in the Diagnostic and | ||||||
7 | Statistical Manual of Mental Disorders (DSM-5), or in any | ||||||
8 | subsequent editions.
| ||||||
9 | "Treatment" means the broad range of emergency, | ||||||
10 | outpatient, intensive outpatient, and residential services and | ||||||
11 | care (including assessment, diagnosis, case management, | ||||||
12 | medical, psychiatric, psychological and social services, | ||||||
13 | medication-assisted treatment, care and counseling, and | ||||||
14 | recovery support) which may be extended to persons who have | ||||||
15 | substance use disorders, persons with mental illness, or | ||||||
16 | families of those persons.
| ||||||
17 | (Source: P.A. 100-1025, eff. 1-1-19 .)
| ||||||
18 | (5 ILCS 820/15)
| ||||||
19 | Sec. 15. Authorization.
| ||||||
20 | (a) Any law enforcement agency or other first responder | ||||||
21 | entity may establish a deflection program subject to the | ||||||
22 | provisions of this Act in partnership with one or more licensed | ||||||
23 | providers of substance use disorder treatment services and one | ||||||
24 | or more community members or organizations.
Programs | ||||||
25 | established by another first responder entity shall also |
| |||||||
| |||||||
1 | include a law enforcement agency. | ||||||
2 | (b) The deflection program may involve a post-overdose | ||||||
3 | deflection response, a self-referral deflection response, an | ||||||
4 | active outreach deflection response, an officer or other first | ||||||
5 | responder prevention deflection response, or an officer | ||||||
6 | intervention deflection response, or any combination of those.
| ||||||
7 | (c) Nothing shall preclude the General Assembly from adding | ||||||
8 | other responses to a deflection program, or preclude a law | ||||||
9 | enforcement agency or other first responder entity from | ||||||
10 | developing a deflection program response based on a model | ||||||
11 | unique and responsive to local issues, substance use or mental | ||||||
12 | health needs, and partnerships, using sound and promising or | ||||||
13 | evidence-based practices.
| ||||||
14 | (c-5) Whenever appropriate and available, case management | ||||||
15 | should be provided by a licensed treatment provider or other | ||||||
16 | appropriate provider and may include peer recovery support | ||||||
17 | approaches. | ||||||
18 | (d) To receive funding for activities as described in | ||||||
19 | Section 35 of this Act, planning for the deflection program | ||||||
20 | shall include:
| ||||||
21 | (1) the involvement of one or more licensed treatment | ||||||
22 | programs and one or more community members or | ||||||
23 | organizations; and
| ||||||
24 | (2) an agreement with the Illinois Criminal Justice | ||||||
25 | Information Authority to collect and evaluate relevant | ||||||
26 | statistical data related to the program, as established by |
| |||||||
| |||||||
1 | the Illinois Criminal Justice Information Authority in | ||||||
2 | paragraph (2) of subsection (a) of Section 25 of this Act. | ||||||
3 | (3) an agreement with participating licensed treatment | ||||||
4 | providers authorizing the release of statistical data to | ||||||
5 | the Illinois Criminal Justice Information Authority, in | ||||||
6 | compliance with State and Federal law, as established by | ||||||
7 | the Illinois Criminal Justice Information Authority in | ||||||
8 | paragraph (2) of subsection (a) of Section 25 of this Act.
| ||||||
9 | (Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
10 | (5 ILCS 820/20)
| ||||||
11 | Sec. 20. Procedure. The law enforcement agency or other | ||||||
12 | first responder entity , licensed treatment providers, and | ||||||
13 | community members or organizations shall establish a local | ||||||
14 | deflection program plan that includes protocols and procedures | ||||||
15 | for participant identification, screening or assessment, | ||||||
16 | treatment facilitation, reporting, and ongoing involvement of | ||||||
17 | the law enforcement agency. Licensed substance use disorder | ||||||
18 | treatment organizations shall adhere to 42 CFR Part 2 regarding | ||||||
19 | confidentiality regulations for information exchange or | ||||||
20 | release. Substance use disorder treatment services shall | ||||||
21 | adhere to all regulations specified in Department of Human | ||||||
22 | Services Administrative Rules, Parts 2060 and 2090.
| ||||||
23 | (Source: P.A. 100-1025, eff. 1-1-19 .)
| ||||||
24 | (5 ILCS 820/21 new) |
| |||||||
| |||||||
1 | Sec. 21. Training. The law enforcement agency or other | ||||||
2 | first responder entity in programs that receive funding for | ||||||
3 | services under Section 35 of this Act shall and that receive | ||||||
4 | training under subsection (a.1) of Section 35 shall be trained | ||||||
5 | in: | ||||||
6 | (a)Neuroscience of Addiction for Law Enforcement; | ||||||
7 | (b)Medication-Assisted Treatment; | ||||||
8 | (c)Criminogenic Risk-Need for Health and Safety; | ||||||
9 | (d)Why Drug Treatment Works?; | ||||||
10 | (e)Eliminating Stigma for People with Substance-Use | ||||||
11 | Disorders and Mental Health; | ||||||
12 | (f)Avoiding Racial Bias in Deflection Program; | ||||||
13 | (g)Promotion Racial and Gender Equity in Deflection; | ||||||
14 | (h)Working With Community Partnerships; and | ||||||
15 | (i)Deflection in Rural Communities.
| ||||||
16 | (5 ILCS 820/30)
| ||||||
17 | Sec. 30. Exemption from civil liability. The law | ||||||
18 | enforcement agency or peace officer or other first responder | ||||||
19 | acting in good faith shall not, as the result of acts or | ||||||
20 | omissions in providing services under Section 15 of this Act, | ||||||
21 | be liable for civil damages, unless the acts or omissions | ||||||
22 | constitute willful and wanton misconduct.
| ||||||
23 | (Source: P.A. 100-1025, eff. 1-1-19 .)
| ||||||
24 | (5 ILCS 820/35)
|
| |||||||
| |||||||
1 | Sec. 35. Funding.
| ||||||
2 | (a) The General Assembly may appropriate funds to the | ||||||
3 | Illinois Criminal Justice Information Authority for the | ||||||
4 | purpose of funding law enforcement agencies or other first | ||||||
5 | responder entities for services provided by deflection program | ||||||
6 | partners as part of deflection programs subject to subsection | ||||||
7 | (d) of Section 15 of this Act.
| ||||||
8 | (a.1) Up to 10 percent of appropriated funds may be | ||||||
9 | expended on activities related to knowledge dissemination, | ||||||
10 | training, technical assistance, or other similar activities | ||||||
11 | intended to increase practitioner and public awareness of | ||||||
12 | deflection and/or to support its implementation. The Illinois | ||||||
13 | Criminal Justice Information Authority may adopt guidelines | ||||||
14 | and requirements to direct the distribution of funds for these | ||||||
15 | activities. | ||||||
16 | (b) For all appropriated funds not distributed under | ||||||
17 | subsection a.1, the The Illinois Criminal Justice Information | ||||||
18 | Authority may adopt guidelines and requirements to direct the | ||||||
19 | distribution of funds for expenses related to deflection | ||||||
20 | programs. Funding shall be made available to support both new | ||||||
21 | and existing deflection programs in a broad spectrum of | ||||||
22 | geographic regions in this State, including urban, suburban, | ||||||
23 | and rural communities. Funding for deflection programs shall be | ||||||
24 | prioritized for communities that have been impacted by the war | ||||||
25 | on drugs, communities that have a police/community relations | ||||||
26 | issue, and communities that have a disproportionate lack of |
| |||||||
| |||||||
1 | access to mental health and drug treatment. Activities eligible | ||||||
2 | for funding under this Act may include, but are not limited to, | ||||||
3 | the following:
| ||||||
4 | (1) activities related to program administration, | ||||||
5 | coordination, or management, including, but not limited | ||||||
6 | to, the development of collaborative partnerships with | ||||||
7 | licensed treatment providers and community members or | ||||||
8 | organizations; collection of program data; or monitoring | ||||||
9 | of compliance with a local deflection program plan;
| ||||||
10 | (2) case management including case management provided | ||||||
11 | prior to assessment, diagnosis, and engagement in | ||||||
12 | treatment, as well as assistance navigating and gaining | ||||||
13 | access to various treatment modalities and support | ||||||
14 | services;
| ||||||
15 | (3) peer recovery or recovery support services that | ||||||
16 | include the perspectives of persons with the experience of | ||||||
17 | recovering from a substance use disorder, either | ||||||
18 | themselves or as family members;
| ||||||
19 | (4) transportation to a licensed treatment provider or | ||||||
20 | other program partner location; | ||||||
21 | (5) program evaluation activities. | ||||||
22 | (6) naloxone and related supplies necessary for | ||||||
23 | carrying out overdose reversal for purposes of | ||||||
24 | distribution to program participants or for use by law | ||||||
25 | enforcement or other first responders; and | ||||||
26 | (7) treatment necessary to prevent gaps in service |
| |||||||
| |||||||
1 | delivery between linkage and coverage by other funding | ||||||
2 | sources when otherwise non-reimbursable. | ||||||
3 | (c) Specific linkage agreements with recovery support | ||||||
4 | services or self-help entities may be a requirement of the | ||||||
5 | program services protocols. All deflection programs shall | ||||||
6 | encourage the involvement of key family members and significant | ||||||
7 | others as a part of a family-based approach to treatment. All | ||||||
8 | deflection programs are encouraged to use evidence-based | ||||||
9 | practices and outcome measures in the provision of substance | ||||||
10 | use disorder treatment and medication-assisted treatment for | ||||||
11 | persons with opioid use disorders.
| ||||||
12 | (Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
13 | Section 10-116.7. The Attorney General Act is amended by | ||||||
14 | adding Section 10 as follows:
| ||||||
15 | (15 ILCS 205/10 new) | ||||||
16 | Sec. 10. Executive officers. | ||||||
17 | (a) As used in this Section: | ||||||
18 | (1)"Governmental authority" means any local | ||||||
19 | governmental unit in this State, any municipal corporation | ||||||
20 | in this State, or any governmental unit of the State of | ||||||
21 | Illinois. This includes any office, officer, department, | ||||||
22 | division, bureau, board, commission, or agency of the | ||||||
23 | State. | ||||||
24 | (2) "Officer" means any probationary law enforcement |
| |||||||
| |||||||
1 | officer, probationary part-time law enforcement officer, | ||||||
2 | permanent law enforcement officer, part-time law | ||||||
3 | enforcement officer, law enforcement officer, recruit, | ||||||
4 | probationary county corrections officer, permanent county | ||||||
5 | corrections officer, county corrections officer, | ||||||
6 | probationary court security officer, permanent court | ||||||
7 | security officer, or court security officer as defined in | ||||||
8 | Section 2 of the Police Training Act. | ||||||
9 | (b) No governmental authority, or agent of a governmental | ||||||
10 | authority, or person acting on behalf of a governmental | ||||||
11 | authority, shall engage in a pattern or practice of conduct by | ||||||
12 | officers that deprives any person of rights, privileges, or | ||||||
13 | immunities secured or protected by the Constitution or laws of | ||||||
14 | the United States or by the Constitution or laws of Illinois. | ||||||
15 | (c) Whenever the Illinois Attorney General has reasonable | ||||||
16 | cause to believe that a violation of subsection (b) has | ||||||
17 | occurred, the Illinois Attorney General may commence a civil | ||||||
18 | action in the name of the People of the State to obtain | ||||||
19 | appropriate equitable and declaratory relief to eliminate the | ||||||
20 | pattern or practice. Venue for this civil action shall be | ||||||
21 | Sangamon County or Cook County. Such actions shall be commenced | ||||||
22 | no later than 5 years after the occurrence or the termination | ||||||
23 | of an alleged violation, whichever occurs last. | ||||||
24 | (d) Prior to initiating a civil action, the Attorney | ||||||
25 | General may conduct a preliminary investigation to determine | ||||||
26 | whether there is reasonable cause to believe that a violation |
| |||||||
| |||||||
1 | of subsection (b) has occurred. In conducting this | ||||||
2 | investigation, the Attorney General may: | ||||||
3 | (1) require the individual or entity to file a | ||||||
4 | statement or report in writing under oath or otherwise, as | ||||||
5 | to all information the Attorney General may consider | ||||||
6 | necessary; | ||||||
7 | (2) examine under oath any person alleged to have | ||||||
8 | participated in or with knowledge of the alleged pattern | ||||||
9 | and practice violation; or | ||||||
10 | (3) issue subpoenas or conduct hearings in aid of any | ||||||
11 | investigation. | ||||||
12 | (e) Service by the Attorney General of any notice requiring | ||||||
13 | a person to file a statement or report, or of a subpoena upon | ||||||
14 | any person, shall be made: | ||||||
15 | (1) personally by delivery of a duly executed copy | ||||||
16 | thereof to the person to be served or, if a person is not a | ||||||
17 | natural person, in the manner provided in the Code of Civil | ||||||
18 | Procedure when a complaint is filed; or | ||||||
19 | (2) by mailing by certified mail a duly executed copy | ||||||
20 | thereof to the person to be served at his or her last known | ||||||
21 | abode or principal place of business within this State or, | ||||||
22 | if a person is not a natural person, in the manner provided | ||||||
23 | in the Code of Civil Procedure when a complaint is filed. | ||||||
24 | (3) The Attorney General may compel compliance with | ||||||
25 | investigative demands under this Section through an order | ||||||
26 | by any court of competent jurisdiction. |
| |||||||
| |||||||
1 | (f)(1) In any civil action brought pursuant to subsection | ||||||
2 | (c) of this Section, the Attorney General may obtain as a | ||||||
3 | remedy equitable and declaratory relief (including any | ||||||
4 | permanent or preliminary injunction, temporary restraining | ||||||
5 | order, or other order, including an order enjoining the | ||||||
6 | defendant from engaging in such violation or ordering any | ||||||
7 | action as may be appropriate). In addition, the Attorney | ||||||
8 | General may request and the Court may impose a civil penalty to | ||||||
9 | vindicate the public interest in an amount not exceeding | ||||||
10 | $25,000 per violation, or if the defendant has been adjudged to | ||||||
11 | have committed one other civil rights violation under this | ||||||
12 | Section within 5 years of the occurrence of the violation that | ||||||
13 | is the basis of the complaint, in an amount not exceeding | ||||||
14 | $50,000. | ||||||
15 | (2) A civil penalty imposed under this subsection shall be | ||||||
16 | deposited into the Attorney General Court Ordered and Voluntary | ||||||
17 | Compliance Payment Projects Fund, which is a special fund in | ||||||
18 | the State Treasury. Moneys in the Fund shall be used, subject | ||||||
19 | to appropriation, for the performance of any function | ||||||
20 | pertaining to the exercise of the duties of the Attorney | ||||||
21 | General including but not limited to enforcement of any law of | ||||||
22 | this State and conducting public education programs; however, | ||||||
23 | any moneys in the Fund that are required by the court or by an | ||||||
24 | agreement to be used for a particular purpose shall be used for | ||||||
25 | that purpose.
|
| |||||||
| |||||||
1 | Section 10-120. The Department of State Police Law of the
| ||||||
2 | Civil Administrative Code of Illinois is amended by changing | ||||||
3 | Section 2605-302 as follows:
| ||||||
4 | (20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part)
| ||||||
5 | Sec. 2605-302. Arrest reports.
| ||||||
6 | (a) When an individual is arrested, the
following | ||||||
7 | information must be made available to the news media for | ||||||
8 | inspection
and copying:
| ||||||
9 | (1) Information that identifies the individual,
| ||||||
10 | including the name, age, address, and photograph, when and | ||||||
11 | if available.
| ||||||
12 | (2) Information detailing any charges relating to the | ||||||
13 | arrest.
| ||||||
14 | (3) The time and location of the arrest.
| ||||||
15 | (4) The name of the investigating or arresting law | ||||||
16 | enforcement
agency.
| ||||||
17 | (5) If the individual is incarcerated, the conditions | ||||||
18 | of pretrial release amount of any
bail or bond .
| ||||||
19 | (6) If the individual is incarcerated, the time and | ||||||
20 | date that the
individual was received, discharged, or | ||||||
21 | transferred from the arresting
agency's custody.
| ||||||
22 | (b) The information required by this Section must be made | ||||||
23 | available to the
news media for inspection and copying as soon | ||||||
24 | as practicable, but in no event
shall the time period exceed 72 | ||||||
25 | hours from the arrest. The information
described in items (3), |
| |||||||
| |||||||
1 | (4), (5), and (6) of subsection (a),
however, may be withheld | ||||||
2 | if it is determined that disclosure would (i)
interfere with | ||||||
3 | pending or actually and reasonably contemplated law | ||||||
4 | enforcement
proceedings conducted by any law enforcement or | ||||||
5 | correctional agency; (ii)
endanger the life or physical safety | ||||||
6 | of law enforcement or correctional
personnel or any other | ||||||
7 | person; or (iii) compromise the security of any
correctional | ||||||
8 | facility.
| ||||||
9 | (c) For the purposes of this Section, the term "news media" | ||||||
10 | means personnel
of a newspaper or other periodical issued at | ||||||
11 | regular intervals whether in print
or electronic format, a news | ||||||
12 | service whether in print or electronic format, a
radio station, | ||||||
13 | a television station, a television network, a community antenna
| ||||||
14 | television service, or a person or corporation engaged in | ||||||
15 | making news reels or
other motion picture news for public | ||||||
16 | showing.
| ||||||
17 | (d) Each law enforcement or correctional agency may charge | ||||||
18 | fees
for arrest records, but in no instance may the fee exceed | ||||||
19 | the actual cost of
copying and reproduction. The fees may not | ||||||
20 | include the cost of the labor used
to reproduce the arrest | ||||||
21 | record.
| ||||||
22 | (e) The provisions of this Section do not supersede the | ||||||
23 | confidentiality
provisions for arrest records of the Juvenile | ||||||
24 | Court Act of 1987.
| ||||||
25 | (Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; | ||||||
26 | incorporates 92-335,
eff. 8-10-01; 92-651, eff. 7-11-02.)
|
| |||||||
| |||||||
1 | Section 10-125. The State Police Act is amended by changing | ||||||
2 | Section 14 and by adding Section 17c as follows:
| ||||||
3 | (20 ILCS 2610/14) (from Ch. 121, par. 307.14)
| ||||||
4 | Sec. 14. Except as is otherwise provided in this Act, no | ||||||
5 | Department of
State Police officer shall be removed, demoted or | ||||||
6 | suspended except for
cause, upon written charges filed with the | ||||||
7 | Board by the Director and a hearing
before the Board thereon | ||||||
8 | upon not less than 10 days' notice at a place to
be designated | ||||||
9 | by the chairman thereof. At such hearing, the accused shall
be | ||||||
10 | afforded full opportunity to be heard in his or her own defense | ||||||
11 | and
to produce proof in his or her defense. It shall not be a | ||||||
12 | requirement of a person Anyone filing a complaint against a | ||||||
13 | State Police Officer to must have a the complaint supported by | ||||||
14 | a sworn affidavit or any other legal documentation. This ban on | ||||||
15 | an affidavit requirement shall apply to any collective | ||||||
16 | bargaining agreements entered after the effective date of this | ||||||
17 | provision .
Any such complaint, having been supported by a sworn | ||||||
18 | affidavit, and having been found, in total or in part, to | ||||||
19 | contain false information, shall be presented to the | ||||||
20 | appropriate State's Attorney for a determination of | ||||||
21 | prosecution.
| ||||||
22 | Before any such officer may be interrogated or examined by | ||||||
23 | or before the
Board, or by a departmental agent or investigator | ||||||
24 | specifically assigned
to conduct an internal investigation, |
| |||||||
| |||||||
1 | the results of which hearing,
interrogation
or examination may | ||||||
2 | be the basis for filing charges seeking his or her
suspension | ||||||
3 | for more than 15 days or his or her removal or discharge,
he or | ||||||
4 | she shall be advised in writing as to what specific improper or
| ||||||
5 | illegal act he or she is alleged to have committed; he or she | ||||||
6 | shall
be advised in writing that his or her admissions made in | ||||||
7 | the course
of the hearing, interrogation or examination may be | ||||||
8 | used as the basis for
charges seeking his or her suspension, | ||||||
9 | removal or discharge; and he
or she shall be advised in writing | ||||||
10 | that he or she has a right to
counsel of his or her choosing, | ||||||
11 | who may be present to advise him or
her at any hearing, | ||||||
12 | interrogation or examination. A complete record of
any hearing, | ||||||
13 | interrogation or examination shall be made, and a complete
| ||||||
14 | transcript or electronic recording thereof shall be made | ||||||
15 | available to such
officer without charge and without delay.
| ||||||
16 | The Board shall have the power to secure by its subpoena
| ||||||
17 | both the attendance and testimony of witnesses and the | ||||||
18 | production of books
and papers in support of the charges and | ||||||
19 | for the defense. Each member of
the Board or a designated | ||||||
20 | hearing officer shall have the power to administer
oaths or | ||||||
21 | affirmations. If the charges against an accused are established
| ||||||
22 | by a preponderance of evidence, the Board shall make a finding | ||||||
23 | of guilty
and order either removal, demotion, suspension for a | ||||||
24 | period of not more
than 180 days, or such other disciplinary | ||||||
25 | punishment as may be prescribed
by the rules and regulations of | ||||||
26 | the Board which, in the opinion of the members
thereof, the |
| |||||||
| |||||||
1 | offense merits. Thereupon the
Director shall direct such | ||||||
2 | removal or other punishment as ordered by the
Board and if the | ||||||
3 | accused refuses to abide by any such disciplinary
order, the | ||||||
4 | Director shall remove him or her forthwith.
| ||||||
5 | If the accused is found not guilty or has served a period | ||||||
6 | of suspension
greater than prescribed by the Board, the Board | ||||||
7 | shall order that the officer receive compensation for the | ||||||
8 | period involved.
The award of compensation shall include | ||||||
9 | interest at the rate of 7% per
annum.
| ||||||
10 | The Board may include in its order appropriate sanctions | ||||||
11 | based upon the
Board's rules and regulations. If the Board | ||||||
12 | finds that a party has made
allegations or denials without | ||||||
13 | reasonable cause or has engaged in frivolous
litigation for the | ||||||
14 | purpose of delay or needless increase in the cost of
| ||||||
15 | litigation, it may order that party to pay the other party's | ||||||
16 | reasonable
expenses, including costs and reasonable attorney's | ||||||
17 | fees. The State of
Illinois and the Department shall be subject | ||||||
18 | to these sanctions in the same
manner as other parties.
| ||||||
19 | In case of the neglect or refusal of any person to obey a | ||||||
20 | subpoena issued
by the Board, any circuit court, upon | ||||||
21 | application
of any member of the Board, may order such person | ||||||
22 | to appear before the Board
and give testimony or produce | ||||||
23 | evidence, and any failure to obey such order
is punishable by | ||||||
24 | the court as a contempt thereof.
| ||||||
25 | The provisions of the Administrative Review Law, and all | ||||||
26 | amendments and
modifications thereof, and the rules adopted |
| |||||||
| |||||||
1 | pursuant thereto, shall apply
to and govern all proceedings for | ||||||
2 | the judicial review of any order of the
Board rendered pursuant | ||||||
3 | to the provisions of this Section.
| ||||||
4 | Notwithstanding the provisions of this Section, a policy | ||||||
5 | making
officer, as defined in the Employee Rights Violation | ||||||
6 | Act, of the Department
of State Police shall be discharged from | ||||||
7 | the Department of State Police as
provided in the Employee | ||||||
8 | Rights Violation Act, enacted by the 85th General
Assembly.
| ||||||
9 | (Source: P.A. 96-891, eff. 5-10-10.)
| ||||||
10 | (20 ILCS 2610/17c new) | ||||||
11 | Sec. 17c. Military equipment surplus program. | ||||||
12 | (a) For purposes of this Section: | ||||||
13 | "Bayonet" means a large knife designed to be attached to | ||||||
14 | the muzzle of a rifle, shotgun, or long gun for the purpose of | ||||||
15 | hand-to-hand combat. | ||||||
16 | "Grenade launcher" means a firearm or firearm accessory | ||||||
17 | designed to launch small explosive projectiles. | ||||||
18 | "Military equipment surplus program" means any federal or | ||||||
19 | State program allowing a law enforcement agency to obtain | ||||||
20 | surplus military equipment including, but not limit to, any | ||||||
21 | program organized under Section 1122 of the National Defense | ||||||
22 | Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or | ||||||
23 | Section 1033 of the National Defense Authorization Act for | ||||||
24 | Fiscal Year 1997 (Pub. L. 104-201), or any program established | ||||||
25 | under 10 U.S.C. 2576a. |
| |||||||
| |||||||
1 | "Tracked armored vehicle" means a vehicle that provides | ||||||
2 | ballistic protection to its occupants and utilizes a tracked | ||||||
3 | system installed of wheels for forward motion. | ||||||
4 | "Weaponized aircraft, vessel, or vehicle" means any | ||||||
5 | aircraft, vessel, or vehicle with weapons installed. | ||||||
6 | (b) The Illinois State Police shall not request or receive | ||||||
7 | from any military equipment surplus program nor purchase or | ||||||
8 | otherwise utilize the following equipment: | ||||||
9 | (1) tracked armored vehicles; | ||||||
10 | (2) weaponized aircraft, vessels, or vehicles; | ||||||
11 | (3) firearms of .50-caliber or higher; | ||||||
12 | (4) ammunition of .50-caliber or higher; | ||||||
13 | (5) grenade launchers; or | ||||||
14 | (6) bayonets. | ||||||
15 | (c) If the Illinois State Police request other property not | ||||||
16 | prohibited by this Section from a military equipment surplus | ||||||
17 | program, the Illinois State Police shall publish notice of the | ||||||
18 | request on a publicly accessible website maintained by the | ||||||
19 | Illinois State Police within 14 days after the request.
| ||||||
20 | Section 10-130. The Illinois Criminal Justice Information | ||||||
21 | Act is amended by adding Sections 7.7 and 7.8 as follows:
| ||||||
22 | (20 ILCS 3930/7.7 new) | ||||||
23 | Sec. 7.7. Pretrial data collection. | ||||||
24 | (a) The Administrative Director of the Administrative |
| |||||||
| |||||||
1 | Officer of the Illinois Courts shall convene an oversight board | ||||||
2 | to be known as the Pretrial Practices Data Oversight Board to | ||||||
3 | oversee the collection and analysis of data regarding pretrial | ||||||
4 | practices in circuit court systems. The Board shall include, | ||||||
5 | but is not limited to, designees from the Administrative Office | ||||||
6 | of the Illinois Courts, the Illinois Criminal Justice | ||||||
7 | Information Authority, and other entities that possess | ||||||
8 | knowledge of pretrial practices and data collection issues. | ||||||
9 | Members of the Board shall serve without compensation. | ||||||
10 | (b) The Oversight Board shall: | ||||||
11 | (1) identify existing pretrial data collection | ||||||
12 | processes in local jurisdictions; | ||||||
13 | (2) define, gather and maintain records of pretrial | ||||||
14 | data relating to the topics listed in subsection (c) from | ||||||
15 | circuit clerks' offices, sheriff's departments, law | ||||||
16 | enforcement agencies, jails, pretrial departments, | ||||||
17 | probation department, State's Attorneys' offices, public | ||||||
18 | defenders' offices and other applicable criminal justice | ||||||
19 | system agencies; | ||||||
20 | (3) identify resources necessary to systematically | ||||||
21 | collect and report data related to the topics listed in | ||||||
22 | subsections (c); and | ||||||
23 | (4) develop a plan to implement data collection | ||||||
24 | processes sufficient to collect data on the topics listed | ||||||
25 | in subsection (c) no later than one year after the | ||||||
26 | effective date of this amendatory Act of the 101st General |
| |||||||
| |||||||
1 | Assembly.
The plan and, once implemented, the reports and | ||||||
2 | analysis shall be published and made publicly available on | ||||||
3 | the Administrative Office of the Illinois Courts (AOIC) | ||||||
4 | website. | ||||||
5 | (c) The Pretrial Practices Data Oversight Board shall | ||||||
6 | develop a strategy to collect quarterly, county-level data on | ||||||
7 | the following topics; which collection of data shall begin | ||||||
8 | starting one year after the effective date of this amendatory | ||||||
9 | Act of the 101st General Assembly: | ||||||
10 | (1) information on all persons arrested and charged | ||||||
11 | with misdemeanor or felony charges, or both, including | ||||||
12 | information on persons released directly from law | ||||||
13 | enforcement custody; | ||||||
14 | (2) information on the outcomes of pretrial conditions | ||||||
15 | and pretrial detention hearings in the county courts, | ||||||
16 | including but not limited to the number of hearings held, | ||||||
17 | the number of defendants detained, the number of defendants | ||||||
18 | released, and the number of defendants released with | ||||||
19 | electronic monitoring; | ||||||
20 | (3) information regarding persons detained in the | ||||||
21 | county jail pretrial, including, but not limited to, the | ||||||
22 | number of persons detained in the jail pretrial and the | ||||||
23 | number detained in the jail for other reasons, the | ||||||
24 | demographics of the pretrial jail population, race, sex, | ||||||
25 | sexual orientation, gender identity,age, and ethnicity, | ||||||
26 | the charges including on which pretrial defendants are |
| |||||||
| |||||||
1 | detained, the average length of stay of pretrial | ||||||
2 | defendants; | ||||||
3 | (4) information regarding persons placed on electronic | ||||||
4 | monitoring programs pretrial, including, but not limited | ||||||
5 | to, the number of participants, the demographics of the | ||||||
6 | participant population, including race, sex, sexual | ||||||
7 | orientation, gender identity, age, and ethnicity, the | ||||||
8 | charges on which participants are ordered to the program, | ||||||
9 | and the average length of participation in the program; | ||||||
10 | (5) discharge data regarding persons detained pretrial | ||||||
11 | in the county jail, including, but not limited to, the | ||||||
12 | number who are sentenced to the Illinois Department of | ||||||
13 | Corrections, the number released after being sentenced to | ||||||
14 | time served, the number who are released on probation, | ||||||
15 | conditional discharge, or other community supervision, the | ||||||
16 | number found not guilty, the number whose cases are | ||||||
17 | dismissed, the number whose cases are dismissed as part of | ||||||
18 | diversion or deferred prosecution program, and the number | ||||||
19 | who are released pretrial after a hearing re-examining | ||||||
20 | their pretrial detention; | ||||||
21 | (6) information on the pretrial rearrest of | ||||||
22 | individuals released pretrial, including the number | ||||||
23 | arrested and charged with a new misdemeanor offense while | ||||||
24 | released, the number arrested and charged with a new felony | ||||||
25 | offense while released, and the number arrested and charged | ||||||
26 | with a new forcible felony offense while released, and how |
| |||||||
| |||||||
1 | long after release these arrests occurred; | ||||||
2 | (7) information on the pretrial failure to appear rates | ||||||
3 | of individuals released pretrial, including the number who | ||||||
4 | missed one or more court dates, how many warrants for | ||||||
5 | failures to appear were issued, and how many individuals | ||||||
6 | were detained pretrial or placed on electronic monitoring | ||||||
7 | pretrial after a failure to appear in court; | ||||||
8 | (8) what, if any, validated pretrial risk assessment | ||||||
9 | tools are in use in each jurisdiction, and comparisons of | ||||||
10 | the pretrial release and pretrial detention decisions of | ||||||
11 | judges as compared to and the risk assessment scores of | ||||||
12 | individuals; and | ||||||
13 | (9) any other information the Pretrial Practices Data | ||||||
14 | Oversight Board considers important and probative of the | ||||||
15 | effectiveness of pretrial practices in the state of | ||||||
16 | Illinois.
d) Circuit clerks' offices, sheriff's | ||||||
17 | departments, law enforcement agencies, jails, pretrial | ||||||
18 | departments, probation department, State's Attorneys' | ||||||
19 | offices, public defenders' offices and other applicable | ||||||
20 | criminal justice system agencies are mandated to provide | ||||||
21 | data to the Administrative Office of the Illinois Courts as | ||||||
22 | described in subsection (c).
| ||||||
23 | (20 ILCS 3930/7.8 new) | ||||||
24 | Sec. 7.8. Domestic Violence Pretrial Practices Working | ||||||
25 | Group. |
| |||||||
| |||||||
1 | (a) The Executive Director of the Illinois Criminal Justice | ||||||
2 | Information Authority shall convene a working group to research | ||||||
3 | and issue a report on current practices in pretrial domestic | ||||||
4 | violence courts throughout the state of Illinois. | ||||||
5 | (b) The working group shall include, but is not limited to, | ||||||
6 | designees from the Administrative Office of the Illinois | ||||||
7 | Courts, the Illinois Criminal Justice Information Authority, | ||||||
8 | Domestic Violence victims' advocates, formerly incarcerated | ||||||
9 | victims of violence, legal practitioners, and other entities | ||||||
10 | that possess knowledge of evidence-based practices surrounding | ||||||
11 | domestic violence and current pretrial practices in Illinois. | ||||||
12 | (c) The group shall meet quarterly and no later than 15 | ||||||
13 | months after the effective date of this amendatory Act of the | ||||||
14 | 101st General Assembly issue a preliminary report on the state | ||||||
15 | of current practice across the state in regards to pretrial | ||||||
16 | practices and domestic violence and no later than 15 months | ||||||
17 | after the release of the preliminary report, issue a final | ||||||
18 | report issuing recommendations for evidence-based improvements | ||||||
19 | to court procedures. | ||||||
20 | (d) Members of the working group shall serve without | ||||||
21 | compensation.
| ||||||
22 | Section 10-135. The Public Officer Prohibited Activities | ||||||
23 | Act is amended by adding Section 4.1 as follows:
| ||||||
24 | (50 ILCS 105/4.1 new) |
| |||||||
| |||||||
1 | Sec. 4.1. Retaliation against a whistleblower. | ||||||
2 | (a) It is prohibited for a unit of local government, any | ||||||
3 | agent or representative of a unit of local government, or | ||||||
4 | another employee to retaliate against an employee or contractor | ||||||
5 | who: | ||||||
6 | (1) reports an improper governmental action under this | ||||||
7 | Section; | ||||||
8 | (2) cooperates with an investigation by an auditing | ||||||
9 | official related to a report of improper governmental | ||||||
10 | action; or | ||||||
11 | (3) testifies in a proceeding or prosecution arising | ||||||
12 | out of an improper governmental action. | ||||||
13 | (b) To invoke the protections of this Section, an employee | ||||||
14 | shall make a written report of improper governmental action to | ||||||
15 | the appropriate auditing official. An employee who believes he | ||||||
16 | or she has been retaliated against in violation of this Section | ||||||
17 | must submit a written report to the auditing official within 60 | ||||||
18 | days of gaining knowledge of the retaliatory action. If the | ||||||
19 | auditing official is the individual doing the improper | ||||||
20 | governmental action, then a report under this subsection may be | ||||||
21 | submitted to any State's Attorney. | ||||||
22 | (c) Each auditing official shall establish written | ||||||
23 | processes and procedures for managing complaints filed under | ||||||
24 | this Section, and each auditing official shall investigate and | ||||||
25 | dispose of reports of improper governmental action in | ||||||
26 | accordance with these processes and procedures.
If an auditing |
| |||||||
| |||||||
1 | official concludes that an improper governmental action has | ||||||
2 | taken place or concludes that the relevant unit of local | ||||||
3 | government, department, agency, or supervisory officials have | ||||||
4 | hindered the auditing official's investigation into the | ||||||
5 | report, the auditing official shall notify in writing the chief | ||||||
6 | executive of the unit of local government and any other | ||||||
7 | individual or entity the auditing official deems necessary in | ||||||
8 | the circumstances. | ||||||
9 | (d) An auditing official may transfer a report of improper | ||||||
10 | governmental action to another auditing official for | ||||||
11 | investigation if an auditing official deems it appropriate, | ||||||
12 | including, but not limited to, the appropriate State's | ||||||
13 | Attorney. | ||||||
14 | (e) To the extent allowed by law, the identity of an | ||||||
15 | employee reporting information about an improper governmental | ||||||
16 | action shall be kept confidential unless the employee waives | ||||||
17 | confidentiality in writing. Auditing officials may take | ||||||
18 | reasonable measures to protect employees who reasonably | ||||||
19 | believe they may be subject to bodily harm for reporting | ||||||
20 | improper government action. | ||||||
21 | (f) The following remedies are available to employees | ||||||
22 | subjected to adverse actions for reporting improper government | ||||||
23 | action: | ||||||
24 | (1) Auditing officials may reinstate, reimburse for | ||||||
25 | lost wages or expenses incurred, promote, or provide some | ||||||
26 | other form of restitution. |
| |||||||
| |||||||
1 | (2) In instances where an auditing official determines | ||||||
2 | that restitution will not suffice, the auditing official | ||||||
3 | may make his or her investigation findings available for | ||||||
4 | the purposes of aiding in that employee or the employee's | ||||||
5 | attorney's effort to make the employee whole. | ||||||
6 | (g) A person who engages in prohibited retaliatory action | ||||||
7 | under subsection (a) is subject to the following penalties: a | ||||||
8 | fine of no less than $500 and no more than $5,000, suspension | ||||||
9 | without pay, demotion, discharge, civil or criminal | ||||||
10 | prosecution, or any combination of these penalties, as | ||||||
11 | appropriate. | ||||||
12 | (h) Every employee shall receive a written summary or a | ||||||
13 | complete copy of this Section upon commencement of employment | ||||||
14 | and at least once each year of employment. At the same time, | ||||||
15 | the employee shall also receive a copy of the written processes | ||||||
16 | and procedures for reporting improper governmental actions | ||||||
17 | from the applicable auditing official. | ||||||
18 | (i) As used in this Section: | ||||||
19 | "Auditing official" means any elected, appointed, or hired | ||||||
20 | individual, by whatever name, in a unit of local government | ||||||
21 | whose duties are similar to, but not limited to, receiving, | ||||||
22 | registering, and investigating complaints and information | ||||||
23 | concerning misconduct, inefficiency, and waste within the unit | ||||||
24 | of local government; investigating the performance of | ||||||
25 | officers, employees, functions, and programs; and promoting | ||||||
26 | economy, efficiency, effectiveness and integrity in the |
| |||||||
| |||||||
1 | administration of the programs and operations of the | ||||||
2 | municipality. If a unit of local government does not have an | ||||||
3 | "auditing official", the "auditing official" shall be a State's | ||||||
4 | Attorney of the county in which the unit of local government is | ||||||
5 | located within. | ||||||
6 | "Employee" means anyone employed by a unit of local | ||||||
7 | government, whether in a permanent or temporary position, | ||||||
8 | including full-time, part-time, and intermittent workers. | ||||||
9 | "Employee" also includes members of appointed boards or | ||||||
10 | commissions, whether or not paid. "Employee" also includes | ||||||
11 | persons who have been terminated because of any report or | ||||||
12 | complaint submitted under this Section. | ||||||
13 | "Improper governmental action" means any action by a unit | ||||||
14 | of local government employee, an appointed member of a board, | ||||||
15 | commission, or committee, or an elected official of the unit of | ||||||
16 | local government that is undertaken in violation of a federal, | ||||||
17 | State, or unit of local government law or rule; is an abuse of | ||||||
18 | authority; violates the public's trust or expectation of his or | ||||||
19 | her conduct; is of substantial and specific danger to the | ||||||
20 | public's health or safety; or is a gross waste of public funds. | ||||||
21 | The action need not be within the scope of the employee's, | ||||||
22 | elected official's, board member's, commission member's, or | ||||||
23 | committee member's official duties to be subject to a claim of | ||||||
24 | "improper governmental action". "Improper governmental action" | ||||||
25 | does not include a unit of local government personnel actions, | ||||||
26 | including, but not limited to employee grievances, complaints, |
| |||||||
| |||||||
1 | appointments, promotions, transfers, assignments, | ||||||
2 | reassignments, reinstatements, restorations, reemployment, | ||||||
3 | performance evaluations, reductions in pay, dismissals, | ||||||
4 | suspensions, demotions, reprimands, or violations of | ||||||
5 | collective bargaining agreements, except to the extent that the | ||||||
6 | action amounts to retaliation. | ||||||
7 | "Retaliate", "retaliation", or "retaliatory action" means | ||||||
8 | any adverse change in an employee's employment status or the | ||||||
9 | terms and conditions of employment that results from an | ||||||
10 | employee's protected activity under this Section. "Retaliatory | ||||||
11 | action" includes, but is not limited to, denial of adequate | ||||||
12 | staff to perform duties; frequent staff changes; frequent and | ||||||
13 | undesirable office changes; refusal to assign meaningful work; | ||||||
14 | unsubstantiated letters of reprimand or unsatisfactory | ||||||
15 | performance evaluations; demotion; reduction in pay; denial of | ||||||
16 | promotion; transfer or reassignment; suspension or dismissal; | ||||||
17 | or other disciplinary action made because of an employee's | ||||||
18 | protected activity under this Section.
| ||||||
19 | Section 10-140. The Local Records Act is amended by | ||||||
20 | changing Section 3b as follows:
| ||||||
21 | (50 ILCS 205/3b)
| ||||||
22 | Sec. 3b. Arrest records and reports.
| ||||||
23 | (a) When an individual is arrested, the following | ||||||
24 | information must
be made available to the news media for |
| |||||||
| |||||||
1 | inspection and copying:
| ||||||
2 | (1) Information that identifies the individual,
| ||||||
3 | including the name, age, address, and photograph, when and | ||||||
4 | if available.
| ||||||
5 | (2) Information detailing any charges relating to the | ||||||
6 | arrest.
| ||||||
7 | (3) The time and location of the arrest.
| ||||||
8 | (4) The name of the investigating or arresting law | ||||||
9 | enforcement agency.
| ||||||
10 | (5) If the individual is incarcerated, the conditions | ||||||
11 | of pretrial release amount of any bail
or bond .
| ||||||
12 | (6) If the individual is incarcerated, the time and | ||||||
13 | date that the
individual was received, discharged, or | ||||||
14 | transferred from the arresting
agency's custody.
| ||||||
15 | (b) The information required by this Section must be made | ||||||
16 | available to the
news media for inspection and copying as soon | ||||||
17 | as practicable, but in no event
shall the time period exceed 72 | ||||||
18 | hours from the arrest. The information
described in paragraphs | ||||||
19 | (3), (4), (5), and (6) of subsection (a), however,
may be | ||||||
20 | withheld if it is determined that disclosure would:
| ||||||
21 | (1) interfere with pending or actually and reasonably | ||||||
22 | contemplated law
enforcement proceedings conducted by any | ||||||
23 | law enforcement or correctional
agency;
| ||||||
24 | (2) endanger the life or physical safety of law | ||||||
25 | enforcement or
correctional personnel or any other person; | ||||||
26 | or
|
| |||||||
| |||||||
1 | (3) compromise the security of any correctional | ||||||
2 | facility.
| ||||||
3 | (c) For the purposes of this Section the term "news media" | ||||||
4 | means personnel
of a newspaper or other periodical issued at | ||||||
5 | regular intervals whether in
print or electronic format, a news | ||||||
6 | service whether in print or electronic
format,
a radio station, | ||||||
7 | a television station, a television network, a community
antenna | ||||||
8 | television service,
or a person or corporation engaged in | ||||||
9 | making news reels or other motion picture
news for public | ||||||
10 | showing.
| ||||||
11 | (d) Each law enforcement or correctional agency may charge | ||||||
12 | fees for arrest
records, but in no instance may the fee exceed | ||||||
13 | the actual cost of copying and
reproduction. The fees may not | ||||||
14 | include the cost of the labor used to reproduce
the arrest | ||||||
15 | record.
| ||||||
16 | (e) The provisions of this Section do not supersede the | ||||||
17 | confidentiality
provisions for arrest records of the Juvenile | ||||||
18 | Court Act of 1987.
| ||||||
19 | (f) All information, including photographs, made available | ||||||
20 | under this Section is subject to the provisions of Section 2QQQ | ||||||
21 | of the Consumer Fraud and Deceptive Business Practices Act. | ||||||
22 | (Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16 .)
| ||||||
23 | Section 10-141. The Local Records Act is amended by adding | ||||||
24 | Section 25 as follows:
|
| |||||||
| |||||||
1 | (50 ILCS 205/25 new) | ||||||
2 | Sec. 25. Police misconduct records. Notwithstanding any | ||||||
3 | other provision of law to the contrary, all public records and | ||||||
4 | nonpublic records related to complaints, investigations, and | ||||||
5 | adjudications of police misconduct shall be permanently | ||||||
6 | retained and may not be destroyed.
| ||||||
7 | Section 10-143. The Illinois Police Training Act is amended | ||||||
8 | by changing Sections 6, 6.2, 7, and 10.17 and by adding Section | ||||||
9 | 10.6 as follows:
| ||||||
10 | (50 ILCS 705/6) (from Ch. 85, par. 506)
| ||||||
11 | Sec. 6. Powers and duties of the Board; selection and | ||||||
12 | certification of schools. The Board shall select
and certify | ||||||
13 | schools within the State of
Illinois for the purpose of | ||||||
14 | providing basic training for probationary
police officers, | ||||||
15 | probationary county corrections officers, and
court security | ||||||
16 | officers and
of providing advanced or in-service training for | ||||||
17 | permanent police officers
or permanent
county corrections | ||||||
18 | officers, which schools may be either publicly or
privately | ||||||
19 | owned and operated. In addition, the Board has the following
| ||||||
20 | power and duties:
| ||||||
21 | a. To require local governmental units to furnish such | ||||||
22 | reports and
information as the Board deems necessary to | ||||||
23 | fully implement this Act.
| ||||||
24 | b. To establish appropriate mandatory minimum |
| |||||||
| |||||||
1 | standards
relating to the training of probationary local | ||||||
2 | law enforcement officers
or probationary county | ||||||
3 | corrections officers, and in-service training of permanent | ||||||
4 | police officers.
| ||||||
5 | c. To provide appropriate certification to those | ||||||
6 | probationary
officers who successfully complete the | ||||||
7 | prescribed minimum standard basic
training course.
| ||||||
8 | d. To review and approve annual training curriculum for | ||||||
9 | county sheriffs.
| ||||||
10 | e. To review and approve applicants to ensure that no | ||||||
11 | applicant is admitted
to a certified academy unless the | ||||||
12 | applicant is a person of good character
and has not been | ||||||
13 | convicted of, or entered a plea of guilty to, a felony | ||||||
14 | offense, any of the
misdemeanors in Sections 11-1.50, 11-6, | ||||||
15 | 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
17-1, 17-2, | ||||||
16 | 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the | ||||||
17 | Criminal Code
of
1961 or the Criminal Code of 2012, | ||||||
18 | subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the | ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
20 | subsection (a) of Section 17-32 of the Criminal Code of | ||||||
21 | 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | ||||||
22 | the Cannabis Control Act, or a crime involving
moral
| ||||||
23 | turpitude under the laws of this State or any other state | ||||||
24 | which if
committed in this State would be punishable as a | ||||||
25 | felony or a crime of
moral turpitude. The Board may appoint | ||||||
26 | investigators who shall enforce
the duties conferred upon |
| |||||||
| |||||||
1 | the Board by this Act.
| ||||||
2 | f. To establish statewide standards for minimum | ||||||
3 | standards regarding regular mental health screenings for | ||||||
4 | probationary and permanent police officers, ensuring that | ||||||
5 | counseling sessions and screenings remain confidential. | ||||||
6 | (Source: P.A. 101-187, eff. 1-1-20 .)
| ||||||
7 | (50 ILCS 705/6.2)
| ||||||
8 | Sec. 6.2. Officer professional conduct database.
| ||||||
9 | (a) All law enforcement agencies shall notify the Board of | ||||||
10 | any final determination of willful violation of department or | ||||||
11 | agency policy, official misconduct, or violation of law when:
| ||||||
12 | (1) the officer is discharged or dismissed as a result | ||||||
13 | of the violation; or
| ||||||
14 | (2) the officer resigns during the course of an | ||||||
15 | investigation and after the officer has been served notice | ||||||
16 | that he or she is under investigation that is based on the | ||||||
17 | commission of any a Class 2 or greater felony or sex | ||||||
18 | offense .
| ||||||
19 | The agency shall report to the Board within 30 days of a | ||||||
20 | final decision of discharge or dismissal and final exhaustion | ||||||
21 | of any appeal, or resignation, and shall provide information | ||||||
22 | regarding the nature of the violation.
| ||||||
23 | (b) Upon receiving notification from a law enforcement | ||||||
24 | agency, the Board must notify the law enforcement officer of | ||||||
25 | the report and his or her right to provide a statement |
| |||||||
| |||||||
1 | regarding the reported violation. | ||||||
2 | (c) The Board shall maintain a database readily available | ||||||
3 | to any chief administrative officer, or his or her designee, of | ||||||
4 | a law enforcement agency or any State's Attorney that shall | ||||||
5 | show each reported instance, including the name of the officer, | ||||||
6 | the nature of the violation, reason for the final decision of | ||||||
7 | discharge or dismissal, and any statement provided by the | ||||||
8 | officer.
| ||||||
9 | (Source: P.A. 99-352, eff. 1-1-16 .)
| ||||||
10 | (50 ILCS 705/7) (from Ch. 85, par. 507)
| ||||||
11 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
12 | adopt rules and
minimum standards for such schools which shall | ||||||
13 | include, but not be limited to,
the following:
| ||||||
14 | a. The curriculum for probationary police officers | ||||||
15 | which shall be
offered by all certified schools shall | ||||||
16 | include, but not be limited to,
courses of procedural | ||||||
17 | justice, arrest and use and control tactics, search and | ||||||
18 | seizure, including temporary questioning, civil rights, | ||||||
19 | human rights, human relations,
cultural competency, | ||||||
20 | including implicit bias and racial and ethnic sensitivity,
| ||||||
21 | criminal law, law of criminal procedure, constitutional | ||||||
22 | and proper use of law enforcement authority, crisis | ||||||
23 | intervention training, vehicle and traffic law including
| ||||||
24 | uniform and non-discriminatory enforcement of the Illinois | ||||||
25 | Vehicle Code,
traffic control and accident investigation, |
| |||||||
| |||||||
1 | techniques of obtaining
physical evidence, court | ||||||
2 | testimonies, statements, reports, firearms
training, | ||||||
3 | training in the use of electronic control devices, | ||||||
4 | including the psychological and physiological effects of | ||||||
5 | the use of those devices on humans, first-aid (including | ||||||
6 | cardiopulmonary resuscitation), training in the | ||||||
7 | administration of opioid antagonists as defined in | ||||||
8 | paragraph (1) of subsection (e) of Section 5-23 of the | ||||||
9 | Substance Use Disorder Act, handling of
juvenile | ||||||
10 | offenders, recognition of
mental conditions and crises, | ||||||
11 | including, but not limited to, the disease of addiction, | ||||||
12 | which require immediate assistance and response and | ||||||
13 | methods to
safeguard and provide assistance to a person in | ||||||
14 | need of mental
treatment, recognition of abuse, neglect, | ||||||
15 | financial exploitation, and self-neglect of adults with | ||||||
16 | disabilities and older adults, as defined in Section 2 of | ||||||
17 | the Adult Protective Services Act, crimes against the | ||||||
18 | elderly, law of evidence, the hazards of high-speed police | ||||||
19 | vehicle
chases with an emphasis on alternatives to the | ||||||
20 | high-speed chase, and
physical training. The curriculum | ||||||
21 | shall include specific training in
techniques for | ||||||
22 | immediate response to and investigation of cases of | ||||||
23 | domestic
violence and of sexual assault of adults and | ||||||
24 | children, including cultural perceptions and common myths | ||||||
25 | of sexual assault and sexual abuse as well as interview | ||||||
26 | techniques that are age sensitive and are trauma informed, |
| |||||||
| |||||||
1 | victim centered, and victim sensitive. The curriculum | ||||||
2 | shall include
training in techniques designed to promote | ||||||
3 | effective
communication at the initial contact with crime | ||||||
4 | victims and ways to comprehensively
explain to victims and | ||||||
5 | witnesses their rights under the Rights
of Crime Victims | ||||||
6 | and Witnesses Act and the Crime
Victims Compensation Act. | ||||||
7 | The curriculum shall also include training in effective | ||||||
8 | recognition of and responses to stress, trauma, and | ||||||
9 | post-traumatic stress experienced by police officers that | ||||||
10 | is consistent with Section 25 of the Illinois Mental Health | ||||||
11 | First Aid Training Act in a peer setting, including | ||||||
12 | recognizing signs and symptoms of work-related cumulative | ||||||
13 | stress, issues that may lead to suicide, and solutions for | ||||||
14 | intervention with peer support resources. The curriculum | ||||||
15 | shall include a block of instruction addressing the | ||||||
16 | mandatory reporting requirements under the Abused and | ||||||
17 | Neglected Child Reporting Act. The curriculum shall also | ||||||
18 | include a block of instruction aimed at identifying and | ||||||
19 | interacting with persons with autism and other | ||||||
20 | developmental or physical disabilities, reducing barriers | ||||||
21 | to reporting crimes against persons with autism, and | ||||||
22 | addressing the unique challenges presented by cases | ||||||
23 | involving victims or witnesses with autism and other | ||||||
24 | developmental disabilities. The curriculum shall include | ||||||
25 | training in the detection and investigation of all forms of | ||||||
26 | human trafficking. The curriculum shall also include |
| |||||||
| |||||||
1 | instruction in trauma-informed responses designed to | ||||||
2 | ensure the physical safety and well-being of a child of an | ||||||
3 | arrested parent or immediate family member; this | ||||||
4 | instruction must include, but is not limited to: (1) | ||||||
5 | understanding the trauma experienced by the child while | ||||||
6 | maintaining the integrity of the arrest and safety of | ||||||
7 | officers, suspects, and other involved individuals; (2) | ||||||
8 | de-escalation tactics that would include the use of force | ||||||
9 | when reasonably necessary; and (3) inquiring whether a | ||||||
10 | child will require supervision and care. The curriculum for | ||||||
11 | probationary police officers shall include: (1) at least 12 | ||||||
12 | hours of hands-on, scenario-based role-playing; (2) at | ||||||
13 | least 6 hours of instruction on use of force techniques, | ||||||
14 | including the use of de-escalation techniques to prevent or | ||||||
15 | reduce the need for force whenever safe and feasible; (3) | ||||||
16 | specific training on officer safety techniques, including | ||||||
17 | cover, concealment, and time; and (4) at least 6 hours of | ||||||
18 | training focused on high-risk traffic stops. The | ||||||
19 | curriculum for
permanent police officers shall include, | ||||||
20 | but not be limited to: (1) refresher
and in-service | ||||||
21 | training in any of the courses listed above in this
| ||||||
22 | subparagraph, (2) advanced courses in any of the subjects | ||||||
23 | listed above in
this subparagraph, (3) training for | ||||||
24 | supervisory personnel, and (4)
specialized training in | ||||||
25 | subjects and fields to be selected by the board. The | ||||||
26 | training in the use of electronic control devices shall be |
| |||||||
| |||||||
1 | conducted for probationary police officers, including | ||||||
2 | University police officers.
| ||||||
3 | b. Minimum courses of study, attendance requirements | ||||||
4 | and equipment
requirements.
| ||||||
5 | c. Minimum requirements for instructors.
| ||||||
6 | d. Minimum basic training requirements, which a | ||||||
7 | probationary police
officer must satisfactorily complete | ||||||
8 | before being eligible for permanent
employment as a local | ||||||
9 | law enforcement officer for a participating local
| ||||||
10 | governmental agency. Those requirements shall include | ||||||
11 | training in first aid
(including cardiopulmonary | ||||||
12 | resuscitation).
| ||||||
13 | e. Minimum basic training requirements, which a | ||||||
14 | probationary county
corrections officer must | ||||||
15 | satisfactorily complete before being eligible for
| ||||||
16 | permanent employment as a county corrections officer for a | ||||||
17 | participating
local governmental agency.
| ||||||
18 | f. Minimum basic training requirements which a | ||||||
19 | probationary court
security officer must satisfactorily | ||||||
20 | complete before being eligible for
permanent employment as | ||||||
21 | a court security officer for a participating local
| ||||||
22 | governmental agency. The Board shall
establish those | ||||||
23 | training requirements which it considers appropriate for | ||||||
24 | court
security officers and shall certify schools to | ||||||
25 | conduct that training.
| ||||||
26 | A person hired to serve as a court security officer |
| |||||||
| |||||||
1 | must obtain from the
Board a certificate (i) attesting to | ||||||
2 | his or her successful completion of the
training course; | ||||||
3 | (ii) attesting to his or her satisfactory
completion of a | ||||||
4 | training program of similar content and number of hours | ||||||
5 | that
has been found acceptable by the Board under the | ||||||
6 | provisions of this Act; or
(iii) attesting to the Board's | ||||||
7 | determination that the training
course is unnecessary | ||||||
8 | because of the person's extensive prior law enforcement
| ||||||
9 | experience.
| ||||||
10 | Individuals who currently serve as court security | ||||||
11 | officers shall be deemed
qualified to continue to serve in | ||||||
12 | that capacity so long as they are certified
as provided by | ||||||
13 | this Act within 24 months of June 1, 1997 (the effective | ||||||
14 | date of Public Act 89-685). Failure to be so certified, | ||||||
15 | absent a waiver from the
Board, shall cause the officer to | ||||||
16 | forfeit his or her position.
| ||||||
17 | All individuals hired as court security officers on or | ||||||
18 | after June 1, 1997 (the effective
date of Public Act | ||||||
19 | 89-685) shall be certified within 12 months of the
date of | ||||||
20 | their hire, unless a waiver has been obtained by the Board, | ||||||
21 | or they
shall forfeit their positions.
| ||||||
22 | The Sheriff's Merit Commission, if one exists, or the | ||||||
23 | Sheriff's Office if
there is no Sheriff's Merit Commission, | ||||||
24 | shall maintain a list of all
individuals who have filed | ||||||
25 | applications to become court security officers and
who meet | ||||||
26 | the eligibility requirements established under this Act. |
| |||||||
| |||||||
1 | Either
the Sheriff's Merit Commission, or the Sheriff's | ||||||
2 | Office if no Sheriff's Merit
Commission exists, shall | ||||||
3 | establish a schedule of reasonable intervals for
| ||||||
4 | verification of the applicants' qualifications under
this | ||||||
5 | Act and as established by the Board.
| ||||||
6 | g. Minimum in-service training requirements, which a | ||||||
7 | police officer must satisfactorily complete every 3 years. | ||||||
8 | Those requirements shall include constitutional and proper | ||||||
9 | use of law enforcement authority, procedural justice, | ||||||
10 | civil rights, human rights, mental health awareness and | ||||||
11 | response, officer wellness, reporting child abuse and | ||||||
12 | neglect, and cultural competency , including implicit bias | ||||||
13 | and racial and ethnic sensitivity . | ||||||
14 | h. Minimum in-service training requirements, which a | ||||||
15 | police officer must satisfactorily complete at least | ||||||
16 | annually. Those requirements shall include law updates , | ||||||
17 | emergency medical response training and certification, | ||||||
18 | crisis intervention training, and officer wellness and | ||||||
19 | mental health and use of force training which shall include | ||||||
20 | scenario based training, or similar training approved by | ||||||
21 | the Board . | ||||||
22 | i. Minimum in-service training requirements as set | ||||||
23 | forth in Section 10.6. | ||||||
24 | (Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; | ||||||
25 | 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. | ||||||
26 | 1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, |
| |||||||
| |||||||
1 | eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; | ||||||
2 | 101-564, eff. 1-1-20; revised 9-10-19.)
| ||||||
3 | (50 ILCS 705/10.6 new) | ||||||
4 | Sec. 10.6. Mandatory training to be completed every 3 | ||||||
5 | years. The Board shall adopt rules and
minimum standards for | ||||||
6 | in-service training requirements as set forth in this Section. | ||||||
7 | The training shall provide officers with knowledge of policies | ||||||
8 | and laws regulating the use of force; equip officers with | ||||||
9 | tactics and skills, including de-escalation techniques, to | ||||||
10 | prevent or reduce the need to use force or, when force must be | ||||||
11 | used, to use force that is objectively reasonable, necessary, | ||||||
12 | and proportional under the totality of the circumstances; and | ||||||
13 | ensure appropriate supervision and accountability.
The | ||||||
14 | training shall consist of at least 30 hours of training every 3 | ||||||
15 | years and shall include: | ||||||
16 | (1) At least 12 hours of hands-on, scenario-based | ||||||
17 | role-playing. | ||||||
18 | (2) At least 6 hours of instruction on use of force | ||||||
19 | techniques, including the use of de-escalation techniques to | ||||||
20 | prevent or reduce the need for force whenever safe and | ||||||
21 | feasible. | ||||||
22 | (3) Specific training on the law concerning stops, | ||||||
23 | searches, and the use of force under the Fourth Amendment to | ||||||
24 | the United States Constitution. | ||||||
25 | (4) Specific training on officer safety techniques, |
| |||||||
| |||||||
1 | including cover, concealment, and time. | ||||||
2 | (5) At least 6 hours of training focused on high-risk | ||||||
3 | traffic stops.
| ||||||
4 | (50 ILCS 705/10.17) | ||||||
5 | Sec. 10.17. Crisis intervention team training; mental | ||||||
6 | health awareness training. | ||||||
7 | (a) The Illinois Law Enforcement Training Standards Board | ||||||
8 | shall develop and approve a standard curriculum for certified | ||||||
9 | training programs in crisis intervention of at least 40 hours | ||||||
10 | addressing specialized policing responses to people with | ||||||
11 | mental illnesses. The Board shall conduct Crisis Intervention | ||||||
12 | Team (CIT) training programs that train officers to identify | ||||||
13 | signs and symptoms of mental illness, to de-escalate situations | ||||||
14 | involving individuals who appear to have a mental illness, and | ||||||
15 | connect that person in crisis to treatment. Crisis Intervention | ||||||
16 | Team (CIT) training programs shall be a collaboration between | ||||||
17 | law enforcement professionals, mental health providers, | ||||||
18 | families, and consumer advocates and must minimally include the | ||||||
19 | following components:
(1) basic information about mental | ||||||
20 | illnesses and how to recognize them; (2) information about | ||||||
21 | mental health laws and resources; (3) learning from family | ||||||
22 | members of individuals with mental illness and their | ||||||
23 | experiences; and (4) verbal de-escalation training and | ||||||
24 | role-plays. Officers who have successfully completed this | ||||||
25 | program shall be issued a certificate attesting to their |
| |||||||
| |||||||
1 | attendance of a Crisis Intervention Team (CIT) training | ||||||
2 | program.
| ||||||
3 | (b) The Board shall create an introductory course | ||||||
4 | incorporating adult learning models that provides law | ||||||
5 | enforcement officers with an awareness of mental health issues | ||||||
6 | including a history of the mental health system, types of | ||||||
7 | mental health illness including signs and symptoms of mental | ||||||
8 | illness and common treatments and medications, and the | ||||||
9 | potential interactions law enforcement officers may have on a | ||||||
10 | regular basis with these individuals, their families, and | ||||||
11 | service providers including de-escalating a potential crisis | ||||||
12 | situation. This course, in addition to other traditional | ||||||
13 | learning settings, may be made available in an electronic | ||||||
14 | format. | ||||||
15 | (Source: P.A. 99-261, eff. 1-1-16; 99-642, eff. 7-28-16; | ||||||
16 | 100-247, eff. 1-1-18 .)
| ||||||
17 | Section 10-145. The Law Enforcement Officer-Worn Body | ||||||
18 | Camera Act is amended by changing Sections 10-15, 10-20, and | ||||||
19 | 10-25 as follows:
| ||||||
20 | (50 ILCS 706/10-15)
| ||||||
21 | Sec. 10-15. Applicability. | ||||||
22 | (a) All Any law enforcement agencies must employ the use of | ||||||
23 | agency which employs the use of officer-worn body cameras in | ||||||
24 | accordance with is subject to the provisions of this Act, |
| |||||||
| |||||||
1 | whether or not the agency receives or has received monies from | ||||||
2 | the Law Enforcement Camera Grant Fund.
| ||||||
3 | (b) All law enforcement agencies must implement the use of | ||||||
4 | body cameras for all law enforcement officers, according to the | ||||||
5 | following schedule: | ||||||
6 | (1) for municipalities and counties with populations | ||||||
7 | of 500,000 or more, body cameras shall be implemented by | ||||||
8 | January 1, 2022; | ||||||
9 | (2) for municipalities and counties with populations | ||||||
10 | of 100,000 or more but under 500,000, body cameras shall be | ||||||
11 | implemented by January 1, 2023; | ||||||
12 | (3) for municipalities and counties with populations | ||||||
13 | of 50,000 or more but under 100,000, body cameras shall be | ||||||
14 | implemented by January 1, 2024; | ||||||
15 | (4) for municipalities and counties under 50,000, body | ||||||
16 | cameras shall be implemented by January 1, 2025; and | ||||||
17 | (5) for the Department of State Police, body cameras | ||||||
18 | shall be implemented by January 1, 2025. | ||||||
19 | (c) A law enforcement agency's compliance with the | ||||||
20 | requirements under this Section shall receive preference by the | ||||||
21 | Illinois Law Enforcement Training Standards Board in awarding | ||||||
22 | grant funding under the Law Enforcement Camera Grant Act. | ||||||
23 | (Source: P.A. 99-352, eff. 1-1-16 .)
| ||||||
24 | (50 ILCS 706/10-20)
| ||||||
25 | Sec. 10-20. Requirements. |
| |||||||
| |||||||
1 | (a) The Board shall develop basic guidelines for the use of | ||||||
2 | officer-worn body cameras by law enforcement agencies. The | ||||||
3 | guidelines developed by the Board shall be the basis for the | ||||||
4 | written policy which must be adopted by each law enforcement | ||||||
5 | agency which employs the use of officer-worn body cameras. The | ||||||
6 | written policy adopted by the law enforcement agency must | ||||||
7 | include, at a minimum, all of the following: | ||||||
8 | (1) Cameras must be equipped with pre-event recording, | ||||||
9 | capable of recording at least the 30 seconds prior to | ||||||
10 | camera activation, unless the officer-worn body camera was | ||||||
11 | purchased and acquired by the law enforcement agency prior | ||||||
12 | to July 1, 2015. | ||||||
13 | (2) Cameras must be capable of recording for a period | ||||||
14 | of 10 hours or more, unless the officer-worn body camera | ||||||
15 | was purchased and acquired by the law enforcement agency | ||||||
16 | prior to July 1, 2015. | ||||||
17 | (3) Cameras must be turned on at all times when the | ||||||
18 | officer is in uniform and is responding to calls for | ||||||
19 | service or engaged in any law enforcement-related | ||||||
20 | encounter or activity, that occurs while the officer is on | ||||||
21 | duty. | ||||||
22 | (A) If exigent circumstances exist which prevent | ||||||
23 | the camera from being turned on, the camera must be | ||||||
24 | turned on as soon as practicable. | ||||||
25 | (B) Officer-worn body cameras may be turned off | ||||||
26 | when the officer is inside of a patrol car which is |
| |||||||
| |||||||
1 | equipped with a functioning in-car camera; however, | ||||||
2 | the officer must turn on the camera upon exiting the | ||||||
3 | patrol vehicle for law enforcement-related encounters. | ||||||
4 | (C) Officer-worn body cameras may be turned off | ||||||
5 | when the officer is inside a correctional facility | ||||||
6 | which is equipped with a functioning camera system. | ||||||
7 | (4) Cameras must be turned off when:
| ||||||
8 | (A) the victim of a crime requests that the camera | ||||||
9 | be turned off, and unless impractical or impossible, | ||||||
10 | that request is made on the recording; | ||||||
11 | (B) a witness of a crime or a community member who | ||||||
12 | wishes to report a crime requests that the camera be | ||||||
13 | turned off, and unless impractical or impossible that | ||||||
14 | request is made on the recording; or
| ||||||
15 | (C) the officer is interacting with a confidential | ||||||
16 | informant used by the law enforcement agency. | ||||||
17 | However, an officer may continue to record or resume | ||||||
18 | recording a victim or a witness, if exigent circumstances | ||||||
19 | exist, or if the officer has reasonable articulable | ||||||
20 | suspicion that a victim or witness, or confidential | ||||||
21 | informant has committed or is in the process of committing | ||||||
22 | a crime. Under these circumstances, and unless impractical | ||||||
23 | or impossible, the officer must indicate on the recording | ||||||
24 | the reason for continuing to record despite the request of | ||||||
25 | the victim or witness. | ||||||
26 | (4.5) Cameras may be turned off when the officer is |
| |||||||
| |||||||
1 | engaged in community caretaking functions. However, the | ||||||
2 | camera must be turned on when the officer has reason to | ||||||
3 | believe that the person on whose behalf the officer is | ||||||
4 | performing a community caretaking function has committed | ||||||
5 | or is in the process of committing a crime. If exigent | ||||||
6 | circumstances exist which prevent the camera from being | ||||||
7 | turned on, the camera must be turned on as soon as | ||||||
8 | practicable. | ||||||
9 | (5) The officer must provide notice of recording to any | ||||||
10 | person if the person has a reasonable expectation of | ||||||
11 | privacy and proof of notice must be evident in the | ||||||
12 | recording.
If exigent circumstances exist which prevent | ||||||
13 | the officer from providing notice, notice must be provided | ||||||
14 | as soon as practicable. | ||||||
15 | (6) (A) For the purposes of redaction, labeling, or | ||||||
16 | duplicating recordings, access to camera recordings shall | ||||||
17 | be restricted to only those personnel responsible for those | ||||||
18 | purposes. The recording officer and his or her supervisor | ||||||
19 | of the recording officer may access and review recordings | ||||||
20 | prior to completing incident reports or other | ||||||
21 | documentation, provided that the officer or his or her | ||||||
22 | supervisor discloses that fact in the report or | ||||||
23 | documentation. | ||||||
24 | (B) The recording officer's assigned field | ||||||
25 | training officer may access and review recordings for | ||||||
26 | training purposes. Any detective or investigator |
| |||||||
| |||||||
1 | directly involved in the investigation of a matter may | ||||||
2 | access and review recordings which pertain to that | ||||||
3 | investigation but may not have access to delete or | ||||||
4 | alter such recordings. | ||||||
5 | (7) Recordings made on officer-worn cameras must be | ||||||
6 | retained by the law enforcement agency or by the camera | ||||||
7 | vendor used by the agency, on a recording medium for a | ||||||
8 | period of 90 days. | ||||||
9 | (A) Under no circumstances shall any recording | ||||||
10 | made with an officer-worn body camera be altered, | ||||||
11 | erased, or destroyed prior to the expiration of the | ||||||
12 | 90-day storage period.
| ||||||
13 | (B) Following the 90-day storage period, any and | ||||||
14 | all recordings made with an officer-worn body camera | ||||||
15 | must be destroyed, unless any encounter captured on the | ||||||
16 | recording has been flagged. An encounter is deemed to | ||||||
17 | be flagged when:
| ||||||
18 | (i) a formal or informal complaint has been | ||||||
19 | filed; | ||||||
20 | (ii) the officer discharged his or her firearm | ||||||
21 | or used force during the encounter;
| ||||||
22 | (iii) death or great bodily harm occurred to | ||||||
23 | any person in the recording;
| ||||||
24 | (iv) the encounter resulted in a detention or | ||||||
25 | an arrest, excluding traffic stops which resulted | ||||||
26 | in only a minor traffic offense or business |
| |||||||
| |||||||
1 | offense; | ||||||
2 | (v) the officer is the subject of an internal | ||||||
3 | investigation or otherwise being investigated for | ||||||
4 | possible misconduct;
| ||||||
5 | (vi) the supervisor of the officer, | ||||||
6 | prosecutor, defendant, or court determines that | ||||||
7 | the encounter has evidentiary value in a criminal | ||||||
8 | prosecution; or | ||||||
9 | (vii) the recording officer requests that the | ||||||
10 | video be flagged for official purposes related to | ||||||
11 | his or her official duties. | ||||||
12 | (C) Under no circumstances shall any recording | ||||||
13 | made with an officer-worn body camera relating to a | ||||||
14 | flagged encounter be altered or destroyed prior to 2 | ||||||
15 | years after the recording was flagged. If the flagged | ||||||
16 | recording was used in a criminal, civil, or | ||||||
17 | administrative proceeding, the recording shall not be | ||||||
18 | destroyed except upon a final disposition and order | ||||||
19 | from the court. | ||||||
20 | (8) Following the 90-day storage period, recordings | ||||||
21 | may be retained if a supervisor at the law enforcement | ||||||
22 | agency designates the recording for training purposes. If | ||||||
23 | the recording is designated for training purposes, the | ||||||
24 | recordings may be viewed by officers, in the presence of a | ||||||
25 | supervisor or training instructor, for the purposes of | ||||||
26 | instruction, training, or ensuring compliance with agency |
| |||||||
| |||||||
1 | policies.
| ||||||
2 | (9) Recordings shall not be used to discipline law | ||||||
3 | enforcement officers unless: | ||||||
4 | (A) a formal or informal complaint of misconduct | ||||||
5 | has been made; | ||||||
6 | (B) a use of force incident has occurred; | ||||||
7 | (C) the encounter on the recording could result in | ||||||
8 | a formal investigation under the Uniform Peace | ||||||
9 | Officers' Disciplinary Act; or | ||||||
10 | (D) as corroboration of other evidence of | ||||||
11 | misconduct. | ||||||
12 | Nothing in this paragraph (9) shall be construed to | ||||||
13 | limit or prohibit a law enforcement officer from being | ||||||
14 | subject to an action that does not amount to discipline. | ||||||
15 | (10) The law enforcement agency shall ensure proper | ||||||
16 | care and maintenance of officer-worn body cameras. Upon | ||||||
17 | becoming aware, officers must as soon as practical document | ||||||
18 | and notify the appropriate supervisor of any technical | ||||||
19 | difficulties, failures, or problems with the officer-worn | ||||||
20 | body camera or associated equipment. Upon receiving | ||||||
21 | notice, the appropriate supervisor shall make every | ||||||
22 | reasonable effort to correct and repair any of the | ||||||
23 | officer-worn body camera equipment. | ||||||
24 | (11) No officer may hinder or prohibit any person, not | ||||||
25 | a law enforcement officer, from recording a law enforcement | ||||||
26 | officer in the performance of his or her duties in a public |
| |||||||
| |||||||
1 | place or when the officer has no reasonable expectation of | ||||||
2 | privacy.
The law enforcement agency's written policy shall | ||||||
3 | indicate the potential criminal penalties, as well as any | ||||||
4 | departmental discipline, which may result from unlawful | ||||||
5 | confiscation or destruction of the recording medium of a | ||||||
6 | person who is not a law enforcement officer. However, an | ||||||
7 | officer may take reasonable action to maintain safety and | ||||||
8 | control, secure crime scenes and accident sites, protect | ||||||
9 | the integrity and confidentiality of investigations, and | ||||||
10 | protect the public safety and order. | ||||||
11 | (b) Recordings made with the use of an officer-worn body | ||||||
12 | camera are not subject to disclosure under the Freedom of | ||||||
13 | Information Act, except that: | ||||||
14 | (1) if the subject of the encounter has a reasonable | ||||||
15 | expectation of privacy, at the time of the recording, any | ||||||
16 | recording which is flagged, due to the filing of a | ||||||
17 | complaint, discharge of a firearm, use of force, arrest or | ||||||
18 | detention, or resulting death or bodily harm, shall be | ||||||
19 | disclosed in accordance with the Freedom of Information Act | ||||||
20 | if: | ||||||
21 | (A) the subject of the encounter captured on the | ||||||
22 | recording is a victim or witness; and | ||||||
23 | (B) the law enforcement agency obtains written | ||||||
24 | permission of the subject or the subject's legal | ||||||
25 | representative; | ||||||
26 | (2) except as provided in paragraph (1) of this |
| |||||||
| |||||||
1 | subsection (b), any recording which is flagged due to the | ||||||
2 | filing of a complaint, discharge of a firearm, use of | ||||||
3 | force, arrest or detention, or resulting death or bodily | ||||||
4 | harm shall be disclosed in accordance with the Freedom of | ||||||
5 | Information Act; and | ||||||
6 | (3) upon request, the law enforcement agency shall | ||||||
7 | disclose, in accordance with the Freedom of Information | ||||||
8 | Act, the recording to the subject of the encounter captured | ||||||
9 | on the recording or to the subject's attorney, or the | ||||||
10 | officer or his or her legal representative. | ||||||
11 | For the purposes of paragraph (1) of this subsection (b), | ||||||
12 | the subject of the encounter does not have a reasonable | ||||||
13 | expectation of privacy if the subject was arrested as a result | ||||||
14 | of the encounter. For purposes of subparagraph (A) of paragraph | ||||||
15 | (1) of this subsection (b), "witness" does not include a person | ||||||
16 | who is a victim or who was arrested as a result of the | ||||||
17 | encounter.
| ||||||
18 | Only recordings or portions of recordings responsive to the | ||||||
19 | request shall be available for inspection or reproduction. Any | ||||||
20 | recording disclosed under the Freedom of Information Act shall | ||||||
21 | be redacted to remove identification of any person that appears | ||||||
22 | on the recording and is not the officer, a subject of the | ||||||
23 | encounter, or directly involved in the encounter. Nothing in | ||||||
24 | this subsection (b) shall require the disclosure of any | ||||||
25 | recording or portion of any recording which would be exempt | ||||||
26 | from disclosure under the Freedom of Information Act. |
| |||||||
| |||||||
1 | (c) Nothing in this Section shall limit access to a camera | ||||||
2 | recording for the purposes of complying with Supreme Court | ||||||
3 | rules or the rules of evidence.
| ||||||
4 | (Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
| ||||||
5 | (50 ILCS 706/10-25)
| ||||||
6 | Sec. 10-25. Reporting. | ||||||
7 | (a) Each law enforcement agency which employs the use of | ||||||
8 | officer-worn body cameras must provide an annual report on the | ||||||
9 | use of officer-worn body cameras to the Board, on or before May | ||||||
10 | 1 of the year. The report shall include:
| ||||||
11 | (1) a brief overview of the makeup of the agency, | ||||||
12 | including the number of officers utilizing officer-worn | ||||||
13 | body cameras; | ||||||
14 | (2) the number of officer-worn body cameras utilized by | ||||||
15 | the law enforcement agency; | ||||||
16 | (3) any technical issues with the equipment and how | ||||||
17 | those issues were remedied; | ||||||
18 | (4) a brief description of the review process used by | ||||||
19 | supervisors within the law enforcement agency; | ||||||
20 | (5) for each recording used in prosecutions of | ||||||
21 | conservation, criminal, or traffic offenses or municipal | ||||||
22 | ordinance violations: | ||||||
23 | (A) the time, date, location, and precinct of the | ||||||
24 | incident; | ||||||
25 | (B) the offense charged and the date charges were |
| |||||||
| |||||||
1 | filed; and | ||||||
2 | (6) any other information relevant to the | ||||||
3 | administration of the program. | ||||||
4 | (b) On or before July 30 of each year, the Board must | ||||||
5 | analyze the law enforcement agency reports and provide an | ||||||
6 | annual report to the General Assembly and the Governor.
| ||||||
7 | (Source: P.A. 99-352, eff. 1-1-16 .)
| ||||||
8 | Section 10-147. The Uniform Crime Reporting Act is amended | ||||||
9 | by changing Sections 5-10, 5-12, and 5-20 and by adding Section | ||||||
10 | 5-11 as follows:
| ||||||
11 | (50 ILCS 709/5-10)
| ||||||
12 | Sec. 5-10. Central repository of crime statistics. The | ||||||
13 | Department of State Police shall be a central repository and | ||||||
14 | custodian of crime statistics for the State and shall have all | ||||||
15 | the power necessary to carry out the purposes of this Act, | ||||||
16 | including the power to demand and receive cooperation in the | ||||||
17 | submission of crime statistics from all law enforcement | ||||||
18 | agencies. All data and information provided to the Department | ||||||
19 | under this Act must be provided in a manner and form prescribed | ||||||
20 | by the Department. On an annual basis, the Department shall | ||||||
21 | make available compilations of crime statistics and monthly | ||||||
22 | reporting required to be reported by each law enforcement | ||||||
23 | agency.
| ||||||
24 | (Source: P.A. 99-352, eff. 1-1-16 .)
|
| |||||||
| |||||||
1 | (50 ILCS 709/5-11 new) | ||||||
2 | Sec. 5-11. FBI National Use of Force Database. The | ||||||
3 | Department shall participate in and regularly submit use of | ||||||
4 | force information to the Federal Bureau of Investigation (FBI) | ||||||
5 | National Use of Force Database. Within 90 days of the effective | ||||||
6 | date of this amendatory act, the Department shall promulgate | ||||||
7 | rules outlining the use of force information required for | ||||||
8 | submission to the Database, which shall be submitted monthly by | ||||||
9 | law enforcement agencies under Section 5-12.
| ||||||
10 | (50 ILCS 709/5-12)
| ||||||
11 | Sec. 5-12. Monthly reporting. All law enforcement agencies | ||||||
12 | shall submit to the Department of State Police on a monthly | ||||||
13 | basis the following: | ||||||
14 | (1) beginning January 1, 2016, a report on any | ||||||
15 | arrest-related death that shall include information | ||||||
16 | regarding the deceased, the officer, any weapon used by the | ||||||
17 | officer or the deceased, and the circumstances of the | ||||||
18 | incident. The Department shall submit on a quarterly basis | ||||||
19 | all information collected under this paragraph (1) to the | ||||||
20 | Illinois Criminal Justice Information Authority, | ||||||
21 | contingent upon updated federal guidelines regarding the | ||||||
22 | Uniform Crime Reporting Program; | ||||||
23 | (2) beginning January 1, 2017, a report on any instance | ||||||
24 | when a law enforcement officer discharges his or her |
| |||||||
| |||||||
1 | firearm causing a non-fatal injury to a person, during the | ||||||
2 | performance of his or her official duties or in the line of | ||||||
3 | duty; | ||||||
4 | (3) a report of incident-based information on hate | ||||||
5 | crimes including information describing the offense, | ||||||
6 | location of the offense, type of victim, offender, and bias | ||||||
7 | motivation. If no hate crime incidents occurred during a | ||||||
8 | reporting month, the law enforcement agency must submit a | ||||||
9 | no incident record, as required by the Department; | ||||||
10 | (4) a report on any incident of an alleged commission | ||||||
11 | of a domestic crime, that shall include information | ||||||
12 | regarding the victim, offender, date and time of the | ||||||
13 | incident, any injury inflicted, any weapons involved in the | ||||||
14 | commission of the offense, and the relationship between the | ||||||
15 | victim and the offender; | ||||||
16 | (5) data on an index of offenses selected by the | ||||||
17 | Department based on the seriousness of the offense, | ||||||
18 | frequency of occurrence of the offense, and likelihood of | ||||||
19 | being reported to law enforcement. The data shall include | ||||||
20 | the number of index crime offenses committed and number of | ||||||
21 | associated arrests; and | ||||||
22 | (6) data on offenses and incidents reported by schools | ||||||
23 | to local law enforcement. The data shall include offenses | ||||||
24 | defined as an attack against school personnel, | ||||||
25 | intimidation offenses, drug incidents, and incidents | ||||||
26 | involving weapons ; .
|
| |||||||
| |||||||
1 | (7) beginning on July 1, 2021, a report on any incident | ||||||
2 | where a law enforcement officer was dispatched to deal with | ||||||
3 | a person experiencing a mental health crisis or incident. | ||||||
4 | The report shall include the number of incidents, the level | ||||||
5 | of law enforcement response and the outcome of each | ||||||
6 | incident; | ||||||
7 | (8) beginning on July 1, 2021, a report on use of | ||||||
8 | force, including any action that resulted in the death or | ||||||
9 | serious bodily injury of a person or the discharge of a | ||||||
10 | firearm at or in the direction of a person. The report | ||||||
11 | shall include information required by the Department, | ||||||
12 | pursuant to Section 5-11 of this Act. | ||||||
13 | (Source: P.A. 99-352, eff. 1-1-16 .)
| ||||||
14 | (50 ILCS 709/5-20)
| ||||||
15 | Sec. 5-20. Reporting compliance. The Department of State | ||||||
16 | Police shall annually report to the Illinois Law Enforcement | ||||||
17 | Training Standards Board and the Department of Revenue any law | ||||||
18 | enforcement agency not in compliance with the reporting | ||||||
19 | requirements under this Act. A law enforcement agency's | ||||||
20 | compliance with the reporting requirements under this Act shall | ||||||
21 | be a factor considered by the Illinois Law Enforcement Training | ||||||
22 | Standards Board in awarding grant funding under the Law | ||||||
23 | Enforcement Camera Grant Act , with preference to law | ||||||
24 | enforcement agencies which are in compliance with reporting | ||||||
25 | requirements under this Act .
|
| |||||||
| |||||||
1 | (Source: P.A. 99-352, eff. 1-1-16 .)
| ||||||
2 | Section 10-150. The Uniform Peace Officers' Disciplinary | ||||||
3 | Act is amended by changing Sections 3.2, 3.4, and 3.8 as | ||||||
4 | follows:
| ||||||
5 | (50 ILCS 725/3.2) (from Ch. 85, par. 2555)
| ||||||
6 | Sec. 3.2.
No officer shall be subjected to interrogation | ||||||
7 | without first
being informed in writing of the nature of the | ||||||
8 | investigation. If an administrative
proceeding is instituted, | ||||||
9 | the officer shall be informed beforehand of the
names of all | ||||||
10 | complainants. The information shall be sufficient as to | ||||||
11 | reasonably
apprise the officer of the nature of the | ||||||
12 | investigation.
| ||||||
13 | (Source: P.A. 83-981.)
| ||||||
14 | (50 ILCS 725/3.4) (from Ch. 85, par. 2557)
| ||||||
15 | Sec. 3.4. The officer under investigation shall be informed | ||||||
16 | in writing of the
name, rank and unit or command of the officer | ||||||
17 | in charge of the investigation,
the interrogators , and all | ||||||
18 | persons who will be present on the behalf of the employer | ||||||
19 | during any interrogation except
at a public administrative | ||||||
20 | proceeding. The officer under investigation shall inform the | ||||||
21 | employer of any person who will be present on his or her behalf | ||||||
22 | during any interrogation except at a public administrative | ||||||
23 | hearing.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-344, eff. 1-1-06.)
| ||||||
2 | (50 ILCS 725/3.8) (from Ch. 85, par. 2561)
| ||||||
3 | Sec. 3.8. Admissions; counsel; verified complaint.
| ||||||
4 | (a) No officer shall be interrogated without first being | ||||||
5 | advised
in writing that admissions made in the course of the | ||||||
6 | interrogation may be
used as evidence of misconduct or as the | ||||||
7 | basis for charges seeking suspension,
removal, or discharge; | ||||||
8 | and without first being advised in writing that he
or she has | ||||||
9 | the right to counsel of his or her choosing who may be present
| ||||||
10 | to advise him or her at any stage of any interrogation.
| ||||||
11 | (b) It shall not be a requirement for a person Anyone | ||||||
12 | filing a complaint against a sworn peace officer to must have | ||||||
13 | the
complaint supported by a sworn affidavit or any other legal | ||||||
14 | documentation . This ban on an affidavit requirement shall apply | ||||||
15 | to any collective bargaining agreements entered after the | ||||||
16 | effective date of this provision. Any complaint, having been | ||||||
17 | supported by a sworn affidavit, and having been found, in total | ||||||
18 | or in part, to contain knowingly false material information, | ||||||
19 | shall be presented to the appropriate State's Attorney for a | ||||||
20 | determination of prosecution.
| ||||||
21 | (Source: P.A. 97-472, eff. 8-22-11.)
| ||||||
22 | (50 ILCS 725/6 rep.) | ||||||
23 | Section 10-151. The Uniform Peace Officers' Disciplinary | ||||||
24 | Act is amended by repealing Section 6.
|
| |||||||
| |||||||
1 | Section 10-155. The Police and Community Relations | ||||||
2 | Improvement Act is amended by adding Section 1-35 as follows:
| ||||||
3 | (50 ILCS 727/1-35 new) | ||||||
4 | Sec. 1-35. Anonymous complaint policy. | ||||||
5 | (a)Any person may file notice of an anonymous complaint to | ||||||
6 | the Illinois Law Enforcement Training Standards Board of any | ||||||
7 | conduct the person believes a law enforcement officer has | ||||||
8 | committed as described in subsection (b) of Section 6.3 of the | ||||||
9 | Illinois Police Training Act. Notwithstanding any other | ||||||
10 | provision in state law or any collective bargaining agreement, | ||||||
11 | the Board shall accept notice and investigate any allegations | ||||||
12 | from individuals who remain anonymous. | ||||||
13 | (b)The Board shall complete a preliminary review of the | ||||||
14 | allegations to determine whether further investigation is | ||||||
15 | warranted. During the preliminary review, the Board will take | ||||||
16 | all reasonable steps to discover any and all objective | ||||||
17 | verifiable evidence relevant to the alleged violation through | ||||||
18 | the identification, retention, review, and analysis of all | ||||||
19 | available evidence, including, but not limited to: all | ||||||
20 | time-sensitive evidence, audio and video evidence, physical | ||||||
21 | evidence, arrest reports, photographic evidence, GPS records, | ||||||
22 | computer data, lab reports, medical documents, and witness | ||||||
23 | interviews. All reasonable steps will be taken to preserve | ||||||
24 | relevant evidence identified during the preliminary |
| |||||||
| |||||||
1 | investigation. | ||||||
2 | (c)If the Board determines that for an anonymous notice | ||||||
3 | there is objective verifiable evidence to support the | ||||||
4 | allegation or allegations, the Board shall complete a sworn | ||||||
5 | affidavit override to comply with subsection (b) of Section 3.8 | ||||||
6 | of the Uniform Peace Officers' Disciplinary Act. The sworn | ||||||
7 | affidavit override shall be specified on a form to be | ||||||
8 | determined by the Board, including what evidence has been | ||||||
9 | reviewed and, in reliance upon that evidence, it shall be | ||||||
10 | affirmed that it is necessary and appropriate for the | ||||||
11 | investigation to continue. It shall forward that form and the | ||||||
12 | alleged violation in accordance with subsection (f) of Section | ||||||
13 | 6.3 of the Illinois Police Training Act.
| ||||||
14 | Section 10-160. The Counties Code is amended by changing | ||||||
15 | Sections 4-5001, 4-12001, and 4-12001.1 as follows:
| ||||||
16 | (55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
| ||||||
17 | Sec. 4-5001. Sheriffs; counties of first and second class. | ||||||
18 | The fees of
sheriffs in counties of the first and second class, | ||||||
19 | except when increased
by county ordinance under this Section, | ||||||
20 | shall be as follows:
| ||||||
21 | For serving or attempting to serve summons on each | ||||||
22 | defendant
in each county, $10.
| ||||||
23 | For serving or attempting to serve an order or judgment | ||||||
24 | granting injunctive
relief in each county, $10.
|
| |||||||
| |||||||
1 | For serving or attempting to serve each garnishee in each | ||||||
2 | county, $10.
| ||||||
3 | For serving or attempting to serve an order for replevin in | ||||||
4 | each county,
$10.
| ||||||
5 | For serving or attempting to serve an order for attachment | ||||||
6 | on each
defendant in each county, $10.
| ||||||
7 | For serving or attempting to serve a warrant of arrest, $8, | ||||||
8 | to be paid
upon conviction.
| ||||||
9 | For returning a defendant from outside the State of | ||||||
10 | Illinois, upon
conviction, the court shall assess, as court | ||||||
11 | costs, the cost of returning a
defendant to the jurisdiction.
| ||||||
12 | For taking special bail, $1 in each county.
| ||||||
13 | For serving or attempting to serve a subpoena on each
| ||||||
14 | witness, in each county, $10.
| ||||||
15 | For advertising property for sale, $5.
| ||||||
16 | For returning each process, in each county, $5.
| ||||||
17 | Mileage for each mile of necessary travel to serve any such
| ||||||
18 | process as Stated above, calculating from the place of holding | ||||||
19 | court to
the place of residence of the defendant, or witness, | ||||||
20 | 50¢ each way.
| ||||||
21 | For summoning each juror, $3 with 30¢ mileage each way in | ||||||
22 | all counties.
| ||||||
23 | For serving or attempting to serve notice of judgments or | ||||||
24 | levying to
enforce a judgment, $3 with 50¢ mileage each way in | ||||||
25 | all counties.
| ||||||
26 | For taking possession of and removing property levied on, |
| |||||||
| |||||||
1 | the officer
shall be allowed to tax the actual cost of such | ||||||
2 | possession or removal.
| ||||||
3 | For feeding each prisoner, such compensation to cover the | ||||||
4 | actual cost
as may be fixed by the county board, but such | ||||||
5 | compensation shall not be
considered a part of the fees of the | ||||||
6 | office.
| ||||||
7 | For attending before a court with prisoner, on an order for | ||||||
8 | habeas
corpus, in each county, $10 per day.
| ||||||
9 | For attending before a court with a prisoner in any | ||||||
10 | criminal
proceeding, in each county, $10 per day.
| ||||||
11 | For each mile of necessary travel in taking such prisoner | ||||||
12 | before the
court as stated above, 15¢ a mile each way.
| ||||||
13 | For serving or attempting to serve an order or judgment for | ||||||
14 | the
possession of real estate in an action of ejectment or in | ||||||
15 | any other action,
or for restitution in an eviction action | ||||||
16 | without aid,
$10 and when aid is necessary, the sheriff shall | ||||||
17 | be allowed to tax in
addition the actual costs thereof, and for | ||||||
18 | each mile of necessary travel,
50¢ each way.
| ||||||
19 | For executing and acknowledging a deed of sale of real | ||||||
20 | estate, in
counties of first class, $4; second class, $4.
| ||||||
21 | For preparing, executing and acknowledging a deed on | ||||||
22 | redemption from
a court sale of real estate in counties of | ||||||
23 | first class, $5; second
class, $5.
| ||||||
24 | For making certificates of sale, and making and filing | ||||||
25 | duplicate, in
counties of first class, $3; in counties of the | ||||||
26 | second class, $3.
|
| |||||||
| |||||||
1 | For making certificate of redemption, $3.
| ||||||
2 | For certificate of levy and filing, $3, and the fee for | ||||||
3 | recording
shall be advanced by the judgment creditor and | ||||||
4 | charged as costs.
| ||||||
5 | For taking all civil bonds on legal process , civil and | ||||||
6 | criminal, in counties of
first class,
$1; in second class, $1.
| ||||||
7 | For executing copies in criminal cases, $4 and mileage for | ||||||
8 | each mile
of necessary travel, 20¢ each way.
| ||||||
9 | For executing requisitions from other states, $5.
| ||||||
10 | For conveying each prisoner from the prisoner's own county | ||||||
11 | to the jail
of another county, or from another county to the | ||||||
12 | jail of the prisoner's county,
per mile, for going, only, 30¢.
| ||||||
13 | For conveying persons to the penitentiary, reformatories, | ||||||
14 | Illinois
State Training School for Boys, Illinois State | ||||||
15 | Training School for Girls
and Reception Centers, the following | ||||||
16 | fees, payable out of the State treasury. For each person who is | ||||||
17 | conveyed, 35¢ per mile in going only to
the penitentiary, | ||||||
18 | reformatory, Illinois State Training School for Boys,
Illinois | ||||||
19 | State Training School for Girls and Reception Centers, from the
| ||||||
20 | place of conviction.
| ||||||
21 | The fees provided for transporting persons to the | ||||||
22 | penitentiary,
reformatories, Illinois State Training School | ||||||
23 | for Boys, Illinois State
Training School for Girls and | ||||||
24 | Reception Centers shall be paid for each
trip so made. Mileage | ||||||
25 | as used in this Section means the shortest
practical route, | ||||||
26 | between the place from which the person is to be
transported, |
| |||||||
| |||||||
1 | to the penitentiary, reformatories, Illinois State Training
| ||||||
2 | School for Boys, Illinois State Training School for Girls and | ||||||
3 | Reception
Centers and all fees per mile shall be computed on | ||||||
4 | such basis.
| ||||||
5 | For conveying any person to or from any of the charitable
| ||||||
6 | institutions of the State, when properly committed by competent
| ||||||
7 | authority, when one person is conveyed, 35¢ per mile; when two | ||||||
8 | persons
are conveyed at the same time, 35¢ per mile for the | ||||||
9 | first person and 20¢
per mile for the second person; and 10¢ | ||||||
10 | per mile for each additional person.
| ||||||
11 | For conveying a person from the penitentiary to the county | ||||||
12 | jail when
required by law, 35¢ per mile.
| ||||||
13 | For attending Supreme Court, $10 per day.
| ||||||
14 | In addition to the above fees there shall be allowed to the | ||||||
15 | sheriff a fee
of $600 for the sale of real estate which is made | ||||||
16 | by virtue of
any judgment of a court, except that in the case | ||||||
17 | of a sale of unimproved
real estate which sells for $10,000 or | ||||||
18 | less, the fee shall be $150.
In addition to this fee and all | ||||||
19 | other fees provided by this Section, there
shall be allowed to | ||||||
20 | the sheriff a fee in accordance with the following
schedule for | ||||||
21 | the sale of personal estate which is made by virtue of any
| ||||||
22 | judgment of a court:
| ||||||
23 | For judgments up to $1,000, $75;
| ||||||
24 | For judgments from $1,001 to $15,000, $150;
| ||||||
25 | For judgments over $15,000, $300.
| ||||||
26 | The foregoing fees allowed by this Section are the maximum |
| |||||||
| |||||||
1 | fees that
may be collected from any officer, agency, department | ||||||
2 | or other
instrumentality of the State. The county board may, | ||||||
3 | however, by ordinance,
increase the fees allowed by this | ||||||
4 | Section and collect those increased fees
from all persons and | ||||||
5 | entities other than officers, agencies, departments
and other | ||||||
6 | instrumentalities of the State if the increase is justified by | ||||||
7 | an
acceptable cost study showing that the fees allowed by this | ||||||
8 | Section are not
sufficient to cover the costs of providing the | ||||||
9 | service. A statement of the
costs of providing each service, | ||||||
10 | program and activity shall be prepared by
the county board. All | ||||||
11 | supporting documents shall be public records and
subject to | ||||||
12 | public examination and audit. All direct and indirect costs, as
| ||||||
13 | defined in the United States Office of Management and Budget | ||||||
14 | Circular A-87,
may be included in the determination of the | ||||||
15 | costs of each service,
program and activity.
| ||||||
16 | In all cases where the judgment is settled by the parties, | ||||||
17 | replevied,
stopped by injunction or paid, or where the property | ||||||
18 | levied upon is not
actually sold, the sheriff shall be allowed | ||||||
19 | his fee for levying and
mileage, together with half the fee for | ||||||
20 | all money collected by him which he
would be entitled to if the | ||||||
21 | same was made by sale to enforce the judgment.
In no case shall | ||||||
22 | the fee exceed the amount of money arising from the sale.
| ||||||
23 | The fee requirements of this Section do not apply to police | ||||||
24 | departments
or other law enforcement agencies. For the purposes | ||||||
25 | of this Section, "law
enforcement agency" means an agency of | ||||||
26 | the State or unit of local government
which is vested by law or |
| |||||||
| |||||||
1 | ordinance with the duty to maintain public order
and to enforce | ||||||
2 | criminal laws.
| ||||||
3 | (Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18.)
| ||||||
4 | (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
| ||||||
5 | Sec. 4-12001. Fees of sheriff in third class counties. The | ||||||
6 | officers herein named, in counties of the third class,
shall be | ||||||
7 | entitled to receive the fees herein specified, for the services
| ||||||
8 | mentioned and such other fees as may be provided by law for | ||||||
9 | such other
services not herein designated.
| ||||||
10 | Fees for Sheriff
| ||||||
11 | For serving or attempting to serve any summons on each | ||||||
12 | defendant, $35.
| ||||||
13 | For serving or attempting to serve each alias summons or | ||||||
14 | other process
mileage will be charged as hereinafter provided | ||||||
15 | when the address for
service differs from the address for | ||||||
16 | service on the original summons or
other process.
| ||||||
17 | For serving or attempting to serve all other process, on | ||||||
18 | each defendant, $35.
| ||||||
19 | For serving or attempting to serve a subpoena on each | ||||||
20 | witness, $35.
| ||||||
21 | For serving or attempting to serve each warrant, $35.
| ||||||
22 | For serving or attempting to serve each garnishee, $35.
| ||||||
23 | For summoning each juror, $10.
| ||||||
24 | For serving or attempting to serve each order or judgment | ||||||
25 | for replevin, $35.
|
| |||||||
| |||||||
1 | For serving or attempting to serve an order for attachment, | ||||||
2 | on each
defendant, $35.
| ||||||
3 | For serving or attempting to serve an order or judgment for | ||||||
4 | the
possession of real estate in an action of ejectment or in | ||||||
5 | any other action,
or for restitution in an eviction action, | ||||||
6 | without
aid, $35, and when aid is necessary, the sheriff shall | ||||||
7 | be allowed to tax in
addition the actual costs thereof.
| ||||||
8 | For serving or attempting to serve notice of judgment, $35.
| ||||||
9 | For levying to satisfy an order in an action for | ||||||
10 | attachment, $25.
| ||||||
11 | For executing order of court to seize personal property, | ||||||
12 | $25.
| ||||||
13 | For making certificate of levy on real estate and filing or | ||||||
14 | recording
same, $8, and the fee for filing or recording shall | ||||||
15 | be advanced by the
plaintiff in attachment or by the judgment | ||||||
16 | creditor and taxed as costs.
For taking possession of or | ||||||
17 | removing property levied on, the sheriff
shall be allowed to | ||||||
18 | tax the necessary actual costs of such possession or
removal.
| ||||||
19 | For advertising property for sale, $20.
| ||||||
20 | For making certificate of sale and making and filing | ||||||
21 | duplicate for
record, $15, and the fee for recording same shall | ||||||
22 | be advanced by the
judgment creditor and taxed as costs.
| ||||||
23 | For preparing, executing and acknowledging deed on | ||||||
24 | redemption from a
court sale of real estate, $15; for | ||||||
25 | preparing, executing and
acknowledging all other deeds on sale | ||||||
26 | of real estate, $10.
|
| |||||||
| |||||||
1 | For making and filing certificate of redemption, $15, and | ||||||
2 | the fee
for recording same shall be advanced by party making | ||||||
3 | the redemption and
taxed as costs.
| ||||||
4 | For making and filing certificate of redemption from a | ||||||
5 | court sale,
$11, and the fee for recording same shall be | ||||||
6 | advanced by the party
making the redemption and taxed as costs.
| ||||||
7 | For taking all bonds on legal process, $10.
| ||||||
8 | For taking special bail, $5.
| ||||||
9 | For returning each process, $15.
| ||||||
10 | Mileage for service or attempted service of all process is | ||||||
11 | a $10 flat fee.
| ||||||
12 | For attending before a court with a prisoner on an order | ||||||
13 | for habeas
corpus, $9 per day.
| ||||||
14 | For executing requisitions from other States, $13.
| ||||||
15 | For conveying each prisoner from the prisoner's county to | ||||||
16 | the jail of
another county, per mile for going only, 25¢.
| ||||||
17 | For committing to or discharging each prisoner from jail, | ||||||
18 | $3.
| ||||||
19 | For feeding each prisoner, such compensation to cover | ||||||
20 | actual costs as
may be fixed by the county board, but such | ||||||
21 | compensation shall not be
considered a part of the fees of the | ||||||
22 | office.
| ||||||
23 | For committing each prisoner to jail under the laws of the | ||||||
24 | United
States, to be paid by the marshal or other person | ||||||
25 | requiring his
confinement, $3.
| ||||||
26 | For feeding such prisoners per day, $3, to be paid by the |
| |||||||
| |||||||
1 | marshal or
other person requiring the prisoner's confinement.
| ||||||
2 | For discharging such prisoners, $3.
| ||||||
3 | For conveying persons to the penitentiary, reformatories, | ||||||
4 | Illinois
State Training School for Boys, Illinois State | ||||||
5 | Training School for
Girls, Reception Centers and Illinois | ||||||
6 | Security Hospital, the following
fees, payable out of the State | ||||||
7 | Treasury. When one person is conveyed,
20¢ per mile in going to | ||||||
8 | the penitentiary, reformatories, Illinois State
Training | ||||||
9 | School for Boys, Illinois State Training School for Girls,
| ||||||
10 | Reception Centers and Illinois Security Hospital from the place | ||||||
11 | of
conviction; when 2 persons are conveyed at the same time, | ||||||
12 | 20¢ per mile
for the first and 15¢ per mile for the second | ||||||
13 | person; when more than 2
persons are conveyed at the same time | ||||||
14 | as Stated above, the sheriff shall
be allowed 20¢ per mile for | ||||||
15 | the first, 15¢ per mile
for the second and
10¢ per mile for | ||||||
16 | each additional person.
| ||||||
17 | The fees provided for herein for transporting persons to | ||||||
18 | the
penitentiary, reformatories, Illinois State Training | ||||||
19 | School for Boys,
Illinois State Training School for Girls, | ||||||
20 | Reception Centers and Illinois
Security Hospital, shall be paid | ||||||
21 | for each trip so made. Mileage as used
in this Section means | ||||||
22 | the shortest route on a hard surfaced road,
(either State Bond | ||||||
23 | Issue Route or Federal highways) or railroad,
whichever is | ||||||
24 | shorter, between the place from which the person is to be
| ||||||
25 | transported, to the penitentiary, reformatories, Illinois | ||||||
26 | State Training
School for Boys, Illinois State Training School |
| |||||||
| |||||||
1 | for Girls, Reception
Centers and Illinois Security Hospital, | ||||||
2 | and all fees per mile shall be
computed on such basis.
| ||||||
3 | In addition to the above fees, there shall be allowed to | ||||||
4 | the sheriff
a fee of $900 for the sale of real estate which | ||||||
5 | shall be made by virtue
of any judgment of a court. In addition | ||||||
6 | to this fee and all other fees
provided by this Section, there | ||||||
7 | shall be allowed to the sheriff a fee in
accordance with the | ||||||
8 | following schedule for the sale of personal estate
which is | ||||||
9 | made by virtue of any judgment of a
court:
| ||||||
10 | For judgments up to $1,000, $100;
| ||||||
11 | For judgments over $1,000 to $15,000, $300;
| ||||||
12 | For judgments over $15,000, $500.
| ||||||
13 | In all cases where the judgment is settled by the parties, | ||||||
14 | replevied,
stopped by injunction or paid, or where the property | ||||||
15 | levied upon is not
actually sold, the sheriff shall be allowed | ||||||
16 | the fee for levying and
mileage, together with half the fee for | ||||||
17 | all money collected by him or
her which he or she would be | ||||||
18 | entitled to if the same were made by sale
in the enforcement of | ||||||
19 | a judgment. In no case shall the fee exceed the
amount of money | ||||||
20 | arising from the sale.
| ||||||
21 | The fee requirements of this Section do not apply to police | ||||||
22 | departments
or other law enforcement agencies. For the purposes | ||||||
23 | of this Section, "law
enforcement agency" means an agency of | ||||||
24 | the State or unit of local government
which is vested by law or | ||||||
25 | ordinance with the duty to maintain public order
and to enforce | ||||||
26 | criminal laws or ordinances.
|
| |||||||
| |||||||
1 | The fee requirements of this Section do not apply to units | ||||||
2 | of local
government or school districts.
| ||||||
3 | (Source: P.A. 100-173, eff. 1-1-18 .)
| ||||||
4 | (55 ILCS 5/4-12001.1) (from Ch. 34, par. 4-12001.1)
| ||||||
5 | Sec. 4-12001.1. Fees of sheriff in third class counties; | ||||||
6 | local
governments and school districts. The officers herein | ||||||
7 | named, in counties of
the third class, shall be entitled to | ||||||
8 | receive the fees herein specified
from all units of local | ||||||
9 | government and school districts, for the services
mentioned and | ||||||
10 | such other fees as may be provided by law for such other
| ||||||
11 | services not herein designated.
| ||||||
12 | Fees for Sheriff
| ||||||
13 | For serving or attempting to serve any summons on each | ||||||
14 | defendant, $25.
| ||||||
15 | For serving or attempting to serve each alias summons or | ||||||
16 | other process
mileage will be charged as hereinafter provided | ||||||
17 | when the address for
service differs from the address for | ||||||
18 | service on the original summons or
other process.
| ||||||
19 | For serving or attempting to serve all other process, on | ||||||
20 | each defendant, $25.
| ||||||
21 | For serving or attempting to serve a subpoena on each | ||||||
22 | witness, $25.
| ||||||
23 | For serving or attempting to serve each warrant, $25.
| ||||||
24 | For serving or attempting to serve each garnishee, $25.
| ||||||
25 | For summoning each juror, $4.
|
| |||||||
| |||||||
1 | For serving or attempting to serve each order or judgment | ||||||
2 | for replevin, $25.
| ||||||
3 | For serving or attempting to serve an order for attachment, | ||||||
4 | on each
defendant, $25.
| ||||||
5 | For serving or attempting to serve an order or judgment for | ||||||
6 | the
possession of real estate in an action of ejectment or in | ||||||
7 | any other action,
or for restitution in an eviction action, | ||||||
8 | without
aid, $9, and when aid is necessary, the sheriff shall | ||||||
9 | be allowed to tax in
addition the actual costs thereof.
| ||||||
10 | For serving or attempting to serve notice of judgment, $25.
| ||||||
11 | For levying to satisfy an order in an action for | ||||||
12 | attachment, $25.
| ||||||
13 | For executing order of court to seize personal property, | ||||||
14 | $25.
| ||||||
15 | For making certificate of levy on real estate and filing or | ||||||
16 | recording
same, $3, and the fee for filing or recording shall | ||||||
17 | be advanced by the
plaintiff in attachment or by the judgment | ||||||
18 | creditor and taxed as costs.
For taking possession of or | ||||||
19 | removing property levied on, the sheriff
shall be allowed to | ||||||
20 | tax the necessary actual costs of such possession or
removal.
| ||||||
21 | For advertising property for sale, $3.
| ||||||
22 | For making certificate of sale and making and filing | ||||||
23 | duplicate for
record, $3, and the fee for recording same shall | ||||||
24 | be advanced by the
judgment creditor and taxed as costs.
| ||||||
25 | For preparing, executing and acknowledging deed on | ||||||
26 | redemption from a
court sale of real estate, $6; for preparing, |
| |||||||
| |||||||
1 | executing and
acknowledging all other deeds on sale of real | ||||||
2 | estate, $4.
| ||||||
3 | For making and filing certificate of redemption, $3.50, and | ||||||
4 | the fee
for recording same shall be advanced by party making | ||||||
5 | the redemption and
taxed as costs.
| ||||||
6 | For making and filing certificate of redemption from a | ||||||
7 | court sale,
$4.50, and the fee for recording same shall be | ||||||
8 | advanced by the party
making the redemption and taxed as costs.
| ||||||
9 | For taking all bonds on legal process, $2.
| ||||||
10 | For taking special bail, $2.
| ||||||
11 | For returning each process, $5.
| ||||||
12 | Mileage for service or attempted service of all process is | ||||||
13 | a $10 flat fee.
| ||||||
14 | For attending before a court with a prisoner on an order | ||||||
15 | for habeas
corpus, $3.50 per day.
| ||||||
16 | For executing requisitions from other States, $5.
| ||||||
17 | For conveying each prisoner from the prisoner's county to | ||||||
18 | the jail of
another county, per mile for going only, 25¢.
| ||||||
19 | For committing to or discharging each prisoner from jail, | ||||||
20 | $1.
| ||||||
21 | For feeding each prisoner, such compensation to cover | ||||||
22 | actual costs as
may be fixed by the county board, but such | ||||||
23 | compensation shall not be
considered a part of the fees of the | ||||||
24 | office.
| ||||||
25 | For committing each prisoner to jail under the laws of the | ||||||
26 | United
States, to be paid by the marshal or other person |
| |||||||
| |||||||
1 | requiring his
confinement, $1.
| ||||||
2 | For feeding such prisoners per day, $1, to be paid by the | ||||||
3 | marshal or
other person requiring the prisoner's confinement.
| ||||||
4 | For discharging such prisoners, $1.
| ||||||
5 | For conveying persons to the penitentiary, reformatories, | ||||||
6 | Illinois
State Training School for Boys, Illinois State | ||||||
7 | Training School for
Girls, Reception Centers and Illinois | ||||||
8 | Security Hospital, the following
fees, payable out of the State | ||||||
9 | Treasury. When one person is conveyed,
15¢ per mile in going to | ||||||
10 | the penitentiary, reformatories, Illinois State
Training | ||||||
11 | School for Boys, Illinois State Training School for Girls,
| ||||||
12 | Reception Centers and Illinois Security Hospital from the place | ||||||
13 | of
conviction; when 2 persons are conveyed at the same time, | ||||||
14 | 15¢ per mile
for the first and 10¢ per mile for the second | ||||||
15 | person; when more than 2
persons are conveyed at the same time | ||||||
16 | as stated above, the sheriff shall
be allowed 15¢ per mile for | ||||||
17 | the first, 10¢ per mile for the second and
5¢ per mile for each | ||||||
18 | additional person.
| ||||||
19 | The fees provided for herein for transporting persons to | ||||||
20 | the
penitentiary, reformatories, Illinois State Training | ||||||
21 | School for Boys,
Illinois State Training School for Girls, | ||||||
22 | Reception Centers and Illinois
Security Hospital, shall be paid | ||||||
23 | for each trip so made. Mileage as used
in this Section means | ||||||
24 | the shortest route on a hard surfaced road,
(either State Bond | ||||||
25 | Issue Route or Federal highways) or railroad,
whichever is | ||||||
26 | shorter, between the place from which the person is to be
|
| |||||||
| |||||||
1 | transported, to the penitentiary, reformatories, Illinois | ||||||
2 | State Training
School for Boys, Illinois State Training School | ||||||
3 | for Girls, Reception
Centers and Illinois Security Hospital, | ||||||
4 | and all fees per mile shall be
computed on such basis.
| ||||||
5 | In addition to the above fees, there shall be allowed to | ||||||
6 | the sheriff
a fee of $600 for the sale of real estate which | ||||||
7 | shall be made by virtue
of any judgment of a court. In addition | ||||||
8 | to this fee and all other fees
provided by this Section, there | ||||||
9 | shall be allowed to the sheriff a fee in
accordance with the | ||||||
10 | following schedule for the sale of personal estate
which is | ||||||
11 | made by virtue of any judgment of a
court:
| ||||||
12 | For judgments up to $1,000, $90;
| ||||||
13 | For judgments over $1,000 to $15,000, $275;
| ||||||
14 | For judgments over $15,000, $400.
| ||||||
15 | In all cases where the judgment is settled by the parties, | ||||||
16 | replevied,
stopped by injunction or paid, or where the property | ||||||
17 | levied upon is not
actually sold, the sheriff shall be allowed | ||||||
18 | the fee for levying and
mileage, together with half the fee for | ||||||
19 | all money collected by him or
her which he or she would be | ||||||
20 | entitled to if the same were made by sale
in the enforcement of | ||||||
21 | a judgment. In no case shall the fee exceed the
amount of money | ||||||
22 | arising from the sale. | ||||||
23 |
All fees collected under Sections 4-12001 and 4-12001.1 | ||||||
24 | must be used for public safety purposes only.
| ||||||
25 | (Source: P.A. 100-173, eff. 1-1-18 .)
|
| |||||||
| |||||||
1 | Section 10-161. The Counties Code is amended by adding | ||||||
2 | Section 3-6041 as follows:
| ||||||
3 | (55 ILCS 5/3-6041 new) | ||||||
4 | Sec. 3-6041. Military equipment surplus program. | ||||||
5 | (a) For purposes of this Section: | ||||||
6 | "Bayonet" means a large knife designed to be attached to | ||||||
7 | the muzzle of a rifle, shotgun, or long gun for the purpose of | ||||||
8 | hand-to-hand combat. | ||||||
9 | "Grenade launcher" means a firearm or firearm accessory | ||||||
10 | designed to launch small explosive projectiles. | ||||||
11 | "Military equipment surplus program" means any federal or | ||||||
12 | State program allowing a law enforcement agency to obtain | ||||||
13 | surplus military equipment including, but not limited to, any | ||||||
14 | program organized under Section 1122 of the National Defense | ||||||
15 | Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or | ||||||
16 | Section 1033 of the National Defense Authorization Act for | ||||||
17 | Fiscal Year 1997 (Pub. L. 104-201) or any program established | ||||||
18 | under 10 U.S.C. 2576a. | ||||||
19 | "Tracked armored vehicle" means a vehicle that provides | ||||||
20 | ballistic protection to its occupants and utilizes a tracked | ||||||
21 | system installed of wheels for forward motion. | ||||||
22 | "Weaponized aircraft, vessel, or vehicle" means any | ||||||
23 | aircraft, vessel, or vehicle with weapons installed. | ||||||
24 | (b) A sheriff's department shall not request or receive | ||||||
25 | from any military equipment surplus program nor purchase or |
| |||||||
| |||||||
1 | otherwise utilize the following equipment: | ||||||
2 | (1) tracked armored vehicles; | ||||||
3 | (2) weaponized aircraft, vessels, or vehicles; | ||||||
4 | (3) firearms of .50-caliber or higher; | ||||||
5 | (4) ammunition of .50-caliber or higher; | ||||||
6 | (5) grenade launchers; or | ||||||
7 | (6) bayonets. | ||||||
8 | (c) A home rule county may not regulate the acquisition of | ||||||
9 | equipment in a manner inconsistent with this Section. This | ||||||
10 | Section is a limitation under subsection (i) of Section 6 of | ||||||
11 | Article VII of the Illinois Constitution on the concurrent | ||||||
12 | exercise by home rule counties of powers and functions | ||||||
13 | exercised by the State. | ||||||
14 | (d) If the sheriff requests property from a military | ||||||
15 | equipment surplus program, the sheriff shall publish notice of | ||||||
16 | the request on a publicly accessible website maintained by the | ||||||
17 | sheriff or the county within 14 days after the request.
| ||||||
18 | Section 10-165. The Illinois Municipal Code is amended by | ||||||
19 | adding Section 11-5.1-2 as follows:
| ||||||
20 | (65 ILCS 5/11-5.1-2 new) | ||||||
21 | Sec. 11-5.1-2. Military equipment surplus program. | ||||||
22 | (a) For purposes of this Section: | ||||||
23 | "Bayonet" means large knives designed to be attached to the
| ||||||
24 | muzzle of a rifle, shotgun, or long gun for the purposes of
|
| |||||||
| |||||||
1 | hand-to-hand combat. | ||||||
2 | "Grenade launcher" means a firearm or firearm accessory
| ||||||
3 | designed to launch small explosive projectiles. | ||||||
4 | "Military equipment surplus program" means any federal or | ||||||
5 | state program allowing a law enforcement agency to obtain
| ||||||
6 | surplus military equipment including, but not limit to, any
| ||||||
7 | program organized under Section 1122 of the National Defense
| ||||||
8 | Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
| ||||||
9 | Section 1033 of the National Defense Authorization Act for
| ||||||
10 | Fiscal Year 1997 (Pub. L. 104-201) or any program established
| ||||||
11 | by the United States Department of Defense under 10 U.S.C.
| ||||||
12 | 2576a. | ||||||
13 | "Tracked armored vehicle" means a vehicle that provides
| ||||||
14 | ballistic protection to its occupants and utilizes a tracked
| ||||||
15 | system installed of wheels for forward motion. | ||||||
16 | "Weaponized aircraft, vessels, or vehicles" means any
| ||||||
17 | aircraft, vessel, or vehicle with weapons installed. | ||||||
18 | (b) A police department shall not request or receive from
| ||||||
19 | any military equipment surplus program nor purchase or
| ||||||
20 | otherwise utilize the following equipment: | ||||||
21 | (1) tracked armored vehicles; | ||||||
22 | (2) weaponized aircraft, vessels, or vehicles; | ||||||
23 | (3) firearms of .50-caliber or higher; | ||||||
24 | (4) ammunition of .50-caliber or higher; | ||||||
25 | (5) grenade launchers, grenades, or similar | ||||||
26 | explosives; or |
| |||||||
| |||||||
1 | (6) bayonets. | ||||||
2 | (c) A home rule municipality may not regulate the
| ||||||
3 | acquisition of equipment in a manner inconsistent with this
| ||||||
4 | Section. This Section is a limitation under subsection (i) of
| ||||||
5 | Section 6 of Article VII of the Illinois Constitution on the
| ||||||
6 | concurrent exercise by home rule municipalities of powers and
| ||||||
7 | functions exercised by the State. | ||||||
8 | (d) If a police department requests other property not | ||||||
9 | prohibited from a military equipment surplus
program, the | ||||||
10 | police department shall publish notice of the
request on a | ||||||
11 | publicly accessible website maintained by the
police | ||||||
12 | department or the municipality within 14 days after the
| ||||||
13 | request.
| ||||||
14 | (65 ILCS 5/1-2-12.1 rep.) | ||||||
15 | Section 10-170. The Illinois Municipal Code is amended by | ||||||
16 | repealing Section 1-2-12.1.
| ||||||
17 | Section 10-175. The Campus Security Enhancement Act of 2008 | ||||||
18 | is amended by changing Section 15 as follows:
| ||||||
19 | (110 ILCS 12/15)
| ||||||
20 | Sec. 15. Arrest reports.
| ||||||
21 | (a) When an individual is arrested, the following | ||||||
22 | information must
be made available to the news media for | ||||||
23 | inspection and copying:
|
| |||||||
| |||||||
1 | (1) Information that identifies the individual,
| ||||||
2 | including the name, age, address, and photograph, when and | ||||||
3 | if available.
| ||||||
4 | (2) Information detailing any charges relating to the | ||||||
5 | arrest.
| ||||||
6 | (3) The time and location of the arrest.
| ||||||
7 | (4) The name of the investigating or arresting law | ||||||
8 | enforcement agency.
| ||||||
9 | (5) If the individual is incarcerated, the conditions | ||||||
10 | of pretrial release amount of any bail or bond .
| ||||||
11 | (6) If the individual is incarcerated, the time and | ||||||
12 | date that
the individual was received, discharged, or | ||||||
13 | transferred from the arresting
agency's custody.
| ||||||
14 | (b) The information required by this Section must be made | ||||||
15 | available to
the news media for inspection and copying as soon | ||||||
16 | as practicable, but in no
event shall the time period exceed 72 | ||||||
17 | hours from the arrest. The information
described in paragraphs | ||||||
18 | (3), (4), (5), and (6) of subsection (a), however, may
be | ||||||
19 | withheld if it is determined that disclosure would:
| ||||||
20 | (1) interfere with pending or actually and reasonably | ||||||
21 | contemplated law
enforcement proceedings conducted by any | ||||||
22 | law enforcement or correctional
agency;
| ||||||
23 | (2) endanger the life or physical safety of law | ||||||
24 | enforcement or
correctional personnel or any other person; | ||||||
25 | or
| ||||||
26 | (3) compromise the security of any correctional |
| |||||||
| |||||||
1 | facility.
| ||||||
2 | (c) For the purposes of this Section the term "news media" | ||||||
3 | means personnel
of a newspaper or other periodical issued at | ||||||
4 | regular intervals whether in
print or electronic format, a news | ||||||
5 | service whether in print or electronic
format, a radio station, | ||||||
6 | a television station, a television network, a
community antenna | ||||||
7 | television service, or a person or corporation engaged in
| ||||||
8 | making news reels or other motion picture news for public | ||||||
9 | showing.
| ||||||
10 | (d) Each law enforcement or correctional agency may charge | ||||||
11 | fees for arrest
records, but in no instance may the fee exceed | ||||||
12 | the actual cost of copying and
reproduction. The fees may not | ||||||
13 | include the cost of the labor used to reproduce
the arrest | ||||||
14 | record.
| ||||||
15 | (e) The provisions of this Section do not supersede the | ||||||
16 | confidentiality
provisions for arrest records of the Juvenile | ||||||
17 | Court Act of 1987.
| ||||||
18 | (Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; | ||||||
19 | 92-335, eff.
8-10-01.)
| ||||||
20 | Section 10-180. The Illinois Insurance Code is amended by | ||||||
21 | changing Sections 143.19, 143.19.1, and 205 as follows:
| ||||||
22 | (215 ILCS 5/143.19) (from Ch. 73, par. 755.19)
| ||||||
23 | Sec. 143.19. Cancellation of automobile insurance policy; | ||||||
24 | grounds. After a policy of automobile insurance as defined in |
| |||||||
| |||||||
1 | Section
143.13(a) has been effective for 60 days, or if such | ||||||
2 | policy is a renewal
policy, the insurer shall not exercise its | ||||||
3 | option to cancel such policy
except for one or more of the | ||||||
4 | following reasons:
| ||||||
5 | a. Nonpayment of premium;
| ||||||
6 | b. The policy was obtained through a material | ||||||
7 | misrepresentation;
| ||||||
8 | c. Any insured violated any of the terms and conditions | ||||||
9 | of the
policy;
| ||||||
10 | d. The named insured failed to disclose fully his motor | ||||||
11 | vehicle
accidents and moving traffic violations for the | ||||||
12 | preceding 36 months if
called for in the application;
| ||||||
13 | e. Any insured made a false or fraudulent claim or | ||||||
14 | knowingly aided
or abetted another in the presentation of | ||||||
15 | such a claim;
| ||||||
16 | f. The named insured or any other operator who either | ||||||
17 | resides in the
same household or customarily operates an | ||||||
18 | automobile insured under such
policy:
| ||||||
19 | 1. has, within the 12 months prior to the notice of
| ||||||
20 | cancellation, had his driver's license under | ||||||
21 | suspension or revocation;
| ||||||
22 | 2. is or becomes subject to epilepsy or heart | ||||||
23 | attacks, and such
individual does not produce a | ||||||
24 | certificate from a physician testifying to
his | ||||||
25 | unqualified ability to operate a motor vehicle safely;
| ||||||
26 | 3. has an accident record, conviction record |
| |||||||
| |||||||
1 | (criminal or traffic),
physical, or mental condition | ||||||
2 | which is such that his operation of an
automobile might | ||||||
3 | endanger the public safety;
| ||||||
4 | 4. has, within the 36 months prior to the notice of | ||||||
5 | cancellation,
been addicted to the use of narcotics or | ||||||
6 | other drugs; or
| ||||||
7 | 5. has been convicted, or violated conditions of | ||||||
8 | pretrial release forfeited bail , during the 36 months
| ||||||
9 | immediately preceding the notice of cancellation, for | ||||||
10 | any felony,
criminal negligence resulting in death, | ||||||
11 | homicide or assault arising out
of the operation of a | ||||||
12 | motor vehicle, operating a motor vehicle while in
an | ||||||
13 | intoxicated condition or while under the influence of | ||||||
14 | drugs, being
intoxicated while in, or about, an | ||||||
15 | automobile or while having custody of
an automobile, | ||||||
16 | leaving the scene of an accident without stopping to
| ||||||
17 | report, theft or unlawful taking of a motor vehicle, | ||||||
18 | making false
statements in an application for an | ||||||
19 | operator's or chauffeur's license or
has been | ||||||
20 | convicted or pretrial release has been revoked | ||||||
21 | forfeited bail for 3 or more violations within the
12 | ||||||
22 | months immediately preceding the notice of | ||||||
23 | cancellation, of any law,
ordinance, or regulation | ||||||
24 | limiting the speed of motor vehicles or any of
the | ||||||
25 | provisions of the motor vehicle laws of any state, | ||||||
26 | violation of
which constitutes a misdemeanor, whether |
| |||||||
| |||||||
1 | or not the violations were
repetitions of the same | ||||||
2 | offense or different offenses;
| ||||||
3 | g. The insured automobile is:
| ||||||
4 | 1. so mechanically defective that its operation | ||||||
5 | might endanger
public safety;
| ||||||
6 | 2. used in carrying passengers for hire or | ||||||
7 | compensation (the use of
an automobile for a car pool | ||||||
8 | shall not be considered use of an automobile
for hire | ||||||
9 | or compensation);
| ||||||
10 | 3. used in the business of transportation of | ||||||
11 | flammables
or explosives;
| ||||||
12 | 4. an authorized emergency vehicle;
| ||||||
13 | 5. changed in shape or condition during the policy | ||||||
14 | period so as to
increase the risk substantially; or
| ||||||
15 | 6. subject to an inspection law and has not been | ||||||
16 | inspected or, if
inspected, has failed to qualify.
| ||||||
17 | Nothing in this Section shall apply to nonrenewal.
| ||||||
18 | (Source: P.A. 100-201, eff. 8-18-17.)
| ||||||
19 | (215 ILCS 5/143.19.1) (from Ch. 73, par. 755.19.1)
| ||||||
20 | Sec. 143.19.1. Limits on exercise of right of nonrenewal. | ||||||
21 | After a
policy of automobile insurance, as defined in
Section | ||||||
22 | 143.13, has been effective or renewed for 5 or more years, the
| ||||||
23 | company shall not exercise its right of non-renewal unless:
| ||||||
24 | a. The policy was obtained through a material | ||||||
25 | misrepresentation; or
|
| |||||||
| |||||||
1 | b. Any insured violated any of the terms and conditions of | ||||||
2 | the
policy; or
| ||||||
3 | c. The named insured failed to disclose fully his motor | ||||||
4 | vehicle
accidents and moving traffic violations for the | ||||||
5 | preceding 36 months, if
such information is called for in the | ||||||
6 | application; or
| ||||||
7 | d. Any insured made a false or fraudulent claim or | ||||||
8 | knowingly aided
or abetted another in the presentation of such | ||||||
9 | a claim; or
| ||||||
10 | e. The named insured or any other operator who either | ||||||
11 | resides in the
same household or customarily operates an | ||||||
12 | automobile insured under such
a policy:
| ||||||
13 | 1. Has, within the 12 months prior to the notice of | ||||||
14 | non-renewal had
his drivers license under suspension or | ||||||
15 | revocation; or
| ||||||
16 | 2. Is or becomes subject to epilepsy or heart attacks, | ||||||
17 | and such
individual does not produce a certificate from a | ||||||
18 | physician testifying to
his unqualified ability to operate | ||||||
19 | a motor vehicle safely; or
| ||||||
20 | 3. Has an accident record, conviction record (criminal | ||||||
21 | or traffic),
or a physical or mental condition which is | ||||||
22 | such that his operation of an
automobile might endanger the | ||||||
23 | public safety; or
| ||||||
24 | 4. Has, within the 36 months prior to the notice of | ||||||
25 | non-renewal,
been addicted to the use of narcotics or other | ||||||
26 | drugs; or
|
| |||||||
| |||||||
1 | 5. Has been convicted or pretrial release has been | ||||||
2 | revoked forfeited bail , during the 36 months
immediately | ||||||
3 | preceding the notice of non-renewal, for any felony,
| ||||||
4 | criminal negligence resulting in death, homicide or | ||||||
5 | assault arising out
of the operation of a motor vehicle, | ||||||
6 | operating a motor vehicle while in
an intoxicated condition | ||||||
7 | or while under the influence of drugs, being
intoxicated | ||||||
8 | while in or about an automobile or while having custody of
| ||||||
9 | an automobile, leaving the scene of an accident without | ||||||
10 | stopping to
report, theft or unlawful taking of a motor | ||||||
11 | vehicle, making false
statements in an application for an | ||||||
12 | operators or chauffeurs license, or
has been convicted or | ||||||
13 | pretrial release has been revoked forfeited bail for 3 or | ||||||
14 | more violations within the
12 months immediately preceding | ||||||
15 | the notice of non-renewal, of any law,
ordinance or | ||||||
16 | regulation limiting the speed of motor vehicles or any
of | ||||||
17 | the provisions of the motor vehicle laws of any state, | ||||||
18 | violation of
which constitutes a misdemeanor, whether or | ||||||
19 | not the violations were
repetitions of the same offense or | ||||||
20 | different offenses; or
| ||||||
21 | f. The insured automobile is:
| ||||||
22 | 1. So mechanically defective that its operation might | ||||||
23 | endanger
public safety; or
| ||||||
24 | 2. Used in carrying passengers for hire or compensation | ||||||
25 | (the use of
an automobile for a car pool shall not be | ||||||
26 | considered use of an
automobile for hire or compensation); |
| |||||||
| |||||||
1 | or
| ||||||
2 | 3. Used in the business of transportation of flammables | ||||||
3 | or
explosives; or
| ||||||
4 | 4. An authorized emergency vehicle; or
| ||||||
5 | 5. Changed in shape or condition during the policy | ||||||
6 | period so as to
increase the risk substantially; or
| ||||||
7 | 6. Subject to an inspection law and it has not been | ||||||
8 | inspected or, if
inspected, has failed to qualify; or
| ||||||
9 | g. The notice of the intention
not to renew is mailed to | ||||||
10 | the insured at least 60 days before the date of
nonrenewal as | ||||||
11 | provided in Section 143.17.
| ||||||
12 | (Source: P.A. 89-669, eff. 1-1-97.)
| ||||||
13 | (215 ILCS 5/205) (from Ch. 73, par. 817)
| ||||||
14 | Sec. 205. Priority of distribution of general assets.
| ||||||
15 | (1) The priorities of distribution of general assets from | ||||||
16 | the
company's estate is to be as follows:
| ||||||
17 | (a) The costs and expenses of administration, | ||||||
18 | including, but not limited to, the following: | ||||||
19 | (i) The reasonable expenses of the Illinois | ||||||
20 | Insurance Guaranty Fund, the Illinois Life and Health | ||||||
21 | Insurance Guaranty Association, and the Illinois | ||||||
22 | Health Maintenance Organization Guaranty Association | ||||||
23 | and of any similar organization in any other state, | ||||||
24 | including overhead, salaries, and other general | ||||||
25 | administrative expenses allocable to the receivership |
| |||||||
| |||||||
1 | (administrative and claims handling expenses and | ||||||
2 | expenses in connection with arrangements for ongoing | ||||||
3 | coverage), but excluding expenses incurred in the | ||||||
4 | performance of duties under Section 547 or similar | ||||||
5 | duties under the statute governing a similar | ||||||
6 | organization in another state. For property and | ||||||
7 | casualty insurance guaranty associations that guaranty | ||||||
8 | certain obligations of any member company as defined by | ||||||
9 | Section 534.5, expenses shall include, but not be | ||||||
10 | limited to, loss adjustment expenses, which shall | ||||||
11 | include adjusting and other expenses and defense and | ||||||
12 | cost containment expenses. The expenses of such | ||||||
13 | property and casualty guaranty associations, including | ||||||
14 | the Illinois Insurance Guaranty Fund, shall be | ||||||
15 | reimbursed as prescribed by Section 545, but shall be | ||||||
16 | subordinate to all other costs and expenses of | ||||||
17 | administration, including the expenses reimbursed | ||||||
18 | pursuant to subparagraph (ii) of this paragraph (a). | ||||||
19 | (ii) The expenses expressly approved or ratified | ||||||
20 | by the Director as liquidator or rehabilitator, | ||||||
21 | including, but not limited to, the following: | ||||||
22 | (1) the actual and necessary costs of | ||||||
23 | preserving or recovering the property of the | ||||||
24 | insurer; | ||||||
25 | (2) reasonable compensation for all services | ||||||
26 | rendered on behalf of the administrative |
| |||||||
| |||||||
1 | supervisor or receiver; | ||||||
2 | (3) any necessary filing fees; | ||||||
3 | (4) the fees and mileage payable to witnesses; | ||||||
4 | (5) unsecured loans obtained by the receiver; | ||||||
5 | and | ||||||
6 | (6) expenses approved by the conservator or | ||||||
7 | rehabilitator of the insurer, if any, incurred in the | ||||||
8 | course of the conservation or rehabilitation that are | ||||||
9 | unpaid at the time of the entry of the order of | ||||||
10 | liquidation. | ||||||
11 | Any unsecured loan falling under item (5) of | ||||||
12 | subparagraph (ii) of this paragraph (a) shall have priority | ||||||
13 | over all other costs and expenses of administration, unless | ||||||
14 | the lender agrees otherwise. Absent agreement to the | ||||||
15 | contrary, all other costs and expenses of administration | ||||||
16 | shall be shared on a pro-rata basis, except for the | ||||||
17 | expenses of property and casualty guaranty associations, | ||||||
18 | which shall have a lower priority pursuant to subparagraph | ||||||
19 | (i) of this paragraph (a).
| ||||||
20 | (b) Secured
claims,
including claims for taxes and | ||||||
21 | debts due the federal or any state or local
government, | ||||||
22 | that are secured by liens perfected prior to the
filing of | ||||||
23 | the
complaint.
| ||||||
24 | (c) Claims for wages actually owing to employees for | ||||||
25 | services rendered
within
3 months prior to the date of the | ||||||
26 | filing of the complaint, not exceeding $1,000
to each |
| |||||||
| |||||||
1 | employee unless there are claims due the federal government | ||||||
2 | under
paragraph (f), then the claims for wages shall have a | ||||||
3 | priority of
distribution immediately following that of | ||||||
4 | federal claims under paragraph (f)
and immediately | ||||||
5 | preceding claims of general creditors under paragraph (g).
| ||||||
6 | (d) Claims by policyholders, beneficiaries, and | ||||||
7 | insureds, under
insurance policies, annuity contracts, and | ||||||
8 | funding agreements,
liability
claims against insureds | ||||||
9 | covered under insurance policies and insurance
contracts | ||||||
10 | issued by the company, claims of obligees (and, subject to | ||||||
11 | the discretion of the
receiver, completion contractors) | ||||||
12 | under surety bonds and surety undertakings (not to include | ||||||
13 | bail bonds, mortgage or financial guaranty, or other forms | ||||||
14 | of insurance offering protection against
investment risk), | ||||||
15 | claims by principals under surety bonds and surety | ||||||
16 | undertakings for wrongful
dissipation of collateral by the | ||||||
17 | insurer or its agents, and claims incurred during any | ||||||
18 | extension of
coverage provided under subsection (5) of | ||||||
19 | Section 193, and claims of the Illinois Insurance
Guaranty | ||||||
20 | Fund, the Illinois Life and Health Insurance Guaranty | ||||||
21 | Association,
the Illinois Health Maintenance Organization | ||||||
22 | Guaranty Association, and any
similar organization in | ||||||
23 | another state
as prescribed in Section 545. For purposes of | ||||||
24 | this Section, "funding
agreement" means an agreement | ||||||
25 | whereby an insurer authorized to write business
under Class | ||||||
26 | 1 of Section 4 of this Code may accept and accumulate funds |
| |||||||
| |||||||
1 | and
make one or more payments at future dates in amounts | ||||||
2 | that are not based upon
mortality or morbidity | ||||||
3 | contingencies.
| ||||||
4 | (e) Claims by policyholders, beneficiaries, and | ||||||
5 | insureds, the
allowed
values of which were determined by | ||||||
6 | estimation under paragraph (b) of subsection
(4) of Section | ||||||
7 | 209.
| ||||||
8 | (f) Any other claims due the federal government.
| ||||||
9 | (g) All other claims of general creditors not falling | ||||||
10 | within
any
other
priority under this Section including | ||||||
11 | claims for taxes and debts due any state
or local | ||||||
12 | government which are not secured
claims and claims for
| ||||||
13 | attorneys' fees incurred by the company in contesting its | ||||||
14 | conservation,
rehabilitation, or liquidation.
| ||||||
15 | (h) Claims of guaranty fund certificate holders,
| ||||||
16 | guaranty
capital
shareholders, capital note holders, and | ||||||
17 | surplus note holders.
| ||||||
18 | (i) Proprietary claims of shareholders, members, or | ||||||
19 | other
owners.
| ||||||
20 | Every claim under a written agreement, statute, or rule | ||||||
21 | providing that the
assets in a separate account are not | ||||||
22 | chargeable with the liabilities arising
out of any other | ||||||
23 | business of the insurer shall be satisfied out of the funded
| ||||||
24 | assets in the separate account equal to, but not to exceed, the | ||||||
25 | reserves
maintained in the separate account under the separate | ||||||
26 | account agreement, and to
the extent, if any, the claim is not |
| |||||||
| |||||||
1 | fully discharged thereby, the remainder
of the claim shall be | ||||||
2 | treated as a priority level (d) claim under paragraph
(d) of | ||||||
3 | this subsection to the extent that reserves have been | ||||||
4 | established in the
insurer's general account pursuant to | ||||||
5 | statute, rule, or the separate account
agreement.
| ||||||
6 | For purposes of this provision, "separate account | ||||||
7 | policies, contracts, or
agreements" means any policies, | ||||||
8 | contracts, or agreements that provide for
separate accounts as | ||||||
9 | contemplated by Section 245.21.
| ||||||
10 | To the extent that any assets of an insurer, other than | ||||||
11 | those assets properly
allocated to and maintained in a separate | ||||||
12 | account, have been used to fund or
pay any expenses, taxes, or | ||||||
13 | policyholder benefits that are attributable to a
separate | ||||||
14 | account policy, contract, or agreement that should have been | ||||||
15 | paid by a
separate account prior to the commencement of | ||||||
16 | receivership proceedings, then
upon the commencement of | ||||||
17 | receivership proceedings, the separate accounts
that benefited | ||||||
18 | from this payment or funding shall first be used to repay or
| ||||||
19 | reimburse the company's general assets or account for any | ||||||
20 | unreimbursed net sums
due at the commencement of receivership | ||||||
21 | proceedings prior to the application of
the separate account | ||||||
22 | assets to the satisfaction of liabilities or the
corresponding | ||||||
23 | separate account policies, contracts, and agreements.
| ||||||
24 | To the extent, if any, reserves or assets maintained in the | ||||||
25 | separate account
are in excess of the amounts needed to satisfy | ||||||
26 | claims under the separate
account contracts, the excess shall |
| |||||||
| |||||||
1 | be treated as part of the general assets of
the insurer's | ||||||
2 | estate.
| ||||||
3 | (2) Within 120 days after the issuance of an Order of | ||||||
4 | Liquidation with a
finding of insolvency against a domestic | ||||||
5 | company, the Director shall make
application to the court | ||||||
6 | requesting authority to disburse funds to the
Illinois | ||||||
7 | Insurance Guaranty Fund, the Illinois Life and Health Insurance
| ||||||
8 | Guaranty Association, the Illinois Health Maintenance | ||||||
9 | Organization Guaranty
Association, and similar organizations | ||||||
10 | in other states from time to time out
of the company's | ||||||
11 | marshaled assets as funds
become available in amounts equal to | ||||||
12 | disbursements made by the
Illinois Insurance Guaranty Fund, the | ||||||
13 | Illinois Life and Health Insurance
Guaranty Association, the | ||||||
14 | Illinois Health Maintenance Organization Guaranty
Association, | ||||||
15 | and similar organizations in other states
for covered claims | ||||||
16 | obligations on the presentation of evidence that such
| ||||||
17 | disbursements have been made by the Illinois Insurance
Guaranty | ||||||
18 | Fund, the Illinois Life and Health Insurance Guaranty
| ||||||
19 | Association, the Illinois Health Maintenance Organization | ||||||
20 | Guaranty Association,
and similar organizations in other | ||||||
21 | states.
| ||||||
22 | The Director shall establish procedures for the ratable | ||||||
23 | allocation and
distribution of disbursements to the Illinois | ||||||
24 | Insurance Guaranty Fund,
the Illinois Life and Health Insurance | ||||||
25 | Guaranty Association, the Illinois
Health Maintenance | ||||||
26 | Organization Guaranty Association, and
similar organizations |
| |||||||
| |||||||
1 | in other states. In determining the amounts available
for | ||||||
2 | disbursement, the Director shall reserve sufficient assets for | ||||||
3 | the
payment of the expenses of administration described in | ||||||
4 | paragraph (1)(a)
of this Section. All funds available for | ||||||
5 | disbursement after the establishment
of the prescribed reserve | ||||||
6 | shall be promptly distributed. As a condition
to receipt of | ||||||
7 | funds in reimbursement of covered claims obligations,
the | ||||||
8 | Director shall secure from the Illinois Insurance Guaranty | ||||||
9 | Fund,
the Illinois Life and Health Insurance Guaranty | ||||||
10 | Association, the Illinois
Health Maintenance Organization | ||||||
11 | Guaranty Association, and
each similar organization in other | ||||||
12 | states, an agreement to return to the
Director on demand funds | ||||||
13 | previously received as may be required to pay claims
of secured | ||||||
14 | creditors and claims falling within the priorities established
| ||||||
15 | in paragraphs (a), (b), (c), and (d) of subsection (1) of
this | ||||||
16 | Section in accordance
with such priorities.
| ||||||
17 | (3) The changes made in this Section by this amendatory Act | ||||||
18 | of the 100th General Assembly apply to all liquidation,
| ||||||
19 | rehabilitation, or conservation proceedings that are pending | ||||||
20 | on the effective date of this amendatory
Act of the 100th | ||||||
21 | General Assembly and to all future liquidation, | ||||||
22 | rehabilitation, or conservation proceedings. | ||||||
23 | (4) The provisions of this Section are severable under | ||||||
24 | Section 1.31 of
the Statute on Statutes.
| ||||||
25 | (Source: P.A. 100-410, eff. 8-25-17.)
|
| |||||||
| |||||||
1 | Section 10-185. The Illinois Gambling Act is amended by | ||||||
2 | changing Section 5.1 as follows:
| ||||||
3 | (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
| ||||||
4 | Sec. 5.1. Disclosure of records.
| ||||||
5 | (a) Notwithstanding any applicable statutory provision to | ||||||
6 | the contrary,
the Board shall, on written request from any | ||||||
7 | person, provide
information furnished by an applicant or | ||||||
8 | licensee concerning the applicant
or licensee, his products, | ||||||
9 | services or gambling enterprises and his
business holdings, as | ||||||
10 | follows:
| ||||||
11 | (1) The name, business address and business telephone | ||||||
12 | number of any
applicant or licensee.
| ||||||
13 | (2) An identification of any applicant or licensee | ||||||
14 | including, if an
applicant or licensee is not an | ||||||
15 | individual, the names and addresses of all stockholders and | ||||||
16 | directors, if the entity is a corporation; the names and | ||||||
17 | addresses of all members, if the entity is a limited | ||||||
18 | liability company; the names and addresses of all partners, | ||||||
19 | both general and limited, if the entity is a partnership; | ||||||
20 | and the names and addresses of all beneficiaries, if the | ||||||
21 | entity is a trust. If an applicant or licensee has a | ||||||
22 | pending registration
statement filed with the Securities | ||||||
23 | and Exchange Commission, only the names
of those persons or | ||||||
24 | entities holding interest of 5% or more must be provided.
| ||||||
25 | (3) An identification of any business, including, if |
| |||||||
| |||||||
1 | applicable, the
state of incorporation or registration, in | ||||||
2 | which an applicant or licensee
or an applicant's or | ||||||
3 | licensee's spouse or children has an equity interest
of | ||||||
4 | more than 1%. If an applicant or licensee is a corporation, | ||||||
5 | partnership
or other business entity, the applicant or | ||||||
6 | licensee shall identify any
other corporation, partnership | ||||||
7 | or business entity in which it has an equity
interest of 1%
| ||||||
8 | or more, including, if applicable, the state of
| ||||||
9 | incorporation or registration. This information need not | ||||||
10 | be provided by a
corporation, partnership or other business | ||||||
11 | entity that has a pending
registration statement filed with | ||||||
12 | the Securities and Exchange Commission.
| ||||||
13 | (4) Whether an applicant or licensee has been indicted, | ||||||
14 | convicted,
pleaded guilty or nolo contendere, or pretrial | ||||||
15 | release has been revoked forfeited bail concerning any
| ||||||
16 | criminal offense under the laws of any jurisdiction, either | ||||||
17 | felony or
misdemeanor (except for traffic violations), | ||||||
18 | including the date, the name
and location of the court, | ||||||
19 | arresting agency and prosecuting agency, the
case number, | ||||||
20 | the offense, the disposition and the location and length of
| ||||||
21 | incarceration.
| ||||||
22 | (5) Whether an applicant or licensee has had any | ||||||
23 | license or
certificate issued by a licensing authority in | ||||||
24 | Illinois or any other
jurisdiction denied, restricted, | ||||||
25 | suspended, revoked or not renewed and a
statement | ||||||
26 | describing the facts and circumstances concerning the |
| |||||||
| |||||||
1 | denial,
restriction, suspension, revocation or | ||||||
2 | non-renewal, including the licensing
authority, the date | ||||||
3 | each such action was taken, and the reason for each
such | ||||||
4 | action.
| ||||||
5 | (6) Whether an applicant or licensee has ever filed or | ||||||
6 | had filed against
it a proceeding in bankruptcy or has ever | ||||||
7 | been involved in any formal
process to adjust, defer, | ||||||
8 | suspend or otherwise work out the payment of any
debt | ||||||
9 | including the date of filing, the name and location of the | ||||||
10 | court, the
case and number of the disposition.
| ||||||
11 | (7) Whether an applicant or licensee has filed, or been | ||||||
12 | served with a
complaint or other notice filed with any | ||||||
13 | public body, regarding the
delinquency in the payment of, | ||||||
14 | or a dispute over the filings concerning the
payment of, | ||||||
15 | any tax required under federal, State or local law, | ||||||
16 | including
the amount, type of tax, the taxing agency and | ||||||
17 | time periods involved.
| ||||||
18 | (8) A statement listing the names and titles of all | ||||||
19 | public officials
or officers of any unit of government, and | ||||||
20 | relatives of said
public officials or officers who, | ||||||
21 | directly or indirectly, own
any financial interest in, have | ||||||
22 | any beneficial interest in, are the
creditors of or hold | ||||||
23 | any debt instrument issued by, or hold or have any
interest | ||||||
24 | in any contractual or service relationship with, an | ||||||
25 | applicant
or licensee.
| ||||||
26 | (9) Whether an applicant or licensee has made, directly |
| |||||||
| |||||||
1 | or indirectly,
any political contribution, or any loans, | ||||||
2 | donations or other payments, to
any candidate or office | ||||||
3 | holder, within 5 years from the date of filing the
| ||||||
4 | application, including the amount and the method of | ||||||
5 | payment.
| ||||||
6 | (10) The name and business telephone number of the | ||||||
7 | counsel
representing an applicant or licensee in matters | ||||||
8 | before the Board.
| ||||||
9 | (11) A description of any proposed or approved gambling | ||||||
10 | operation, including the type of boat, home dock, or casino | ||||||
11 | or gaming location, expected
economic benefit to the | ||||||
12 | community, anticipated or actual number of
employees, any | ||||||
13 | statement from an applicant or licensee regarding | ||||||
14 | compliance
with federal and State affirmative action | ||||||
15 | guidelines, projected or actual
admissions and projected | ||||||
16 | or actual adjusted gross gaming receipts.
| ||||||
17 | (12) A description of the product or service to be | ||||||
18 | supplied by an
applicant for a supplier's license.
| ||||||
19 | (b) Notwithstanding any applicable statutory provision to | ||||||
20 | the contrary,
the Board shall, on written request from any | ||||||
21 | person, also provide
the following information:
| ||||||
22 | (1) The amount of the wagering tax and admission tax | ||||||
23 | paid daily to the
State of Illinois by the holder of an | ||||||
24 | owner's license.
| ||||||
25 | (2) Whenever the Board finds an applicant for an | ||||||
26 | owner's license
unsuitable for licensing, a copy of the |
| |||||||
| |||||||
1 | written letter outlining the
reasons for the denial.
| ||||||
2 | (3) Whenever the Board has refused to grant leave for | ||||||
3 | an applicant to
withdraw his application, a copy of the | ||||||
4 | letter outlining the reasons for
the refusal.
| ||||||
5 | (c) Subject to the above provisions, the Board shall not | ||||||
6 | disclose any
information which would be barred by:
| ||||||
7 | (1) Section 7 of the Freedom of Information Act; or
| ||||||
8 | (2) The statutes, rules, regulations or | ||||||
9 | intergovernmental agreements
of any jurisdiction.
| ||||||
10 | (d) The Board may assess fees for the copying of | ||||||
11 | information in
accordance with Section 6 of the Freedom of | ||||||
12 | Information Act.
| ||||||
13 | (Source: P.A. 101-31, eff. 6-28-19.)
| ||||||
14 | Section 10-187. The Sexual Assault Survivors Emergency | ||||||
15 | Treatment Act is amended by changing Section 7.5 as follows:
| ||||||
16 | (410 ILCS 70/7.5) | ||||||
17 | Sec. 7.5. Prohibition on billing sexual assault survivors | ||||||
18 | directly for certain services; written notice; billing | ||||||
19 | protocols. | ||||||
20 | (a) A hospital, approved pediatric health care facility, | ||||||
21 | health care professional, ambulance provider, laboratory, or | ||||||
22 | pharmacy furnishing medical forensic services, transportation, | ||||||
23 | follow-up healthcare, or medication to a sexual assault | ||||||
24 | survivor shall not: |
| |||||||
| |||||||
1 | (1) charge or submit a bill for any portion of the | ||||||
2 | costs of the services, transportation, or medications to | ||||||
3 | the sexual assault survivor, including any insurance | ||||||
4 | deductible, co-pay, co-insurance, denial of claim by an | ||||||
5 | insurer, spenddown, or any other out-of-pocket expense; | ||||||
6 | (2) communicate with, harass, or intimidate the sexual | ||||||
7 | assault survivor for payment of services, including, but | ||||||
8 | not limited to, repeatedly calling or writing to the sexual | ||||||
9 | assault survivor and threatening to refer the matter to a | ||||||
10 | debt collection agency or to an attorney for collection, | ||||||
11 | enforcement, or filing of other process; | ||||||
12 | (3) refer a bill to a collection agency or attorney for | ||||||
13 | collection action against the sexual assault survivor; | ||||||
14 | (4) contact or distribute information to affect the | ||||||
15 | sexual assault survivor's credit rating; or | ||||||
16 | (5) take any other action adverse to the sexual assault | ||||||
17 | survivor or his or her family on account of providing | ||||||
18 | services to the sexual assault survivor. | ||||||
19 | (b) Nothing in this Section precludes a hospital, health | ||||||
20 | care provider, ambulance provider, laboratory, or pharmacy | ||||||
21 | from billing the sexual assault survivor or any applicable | ||||||
22 | health insurance or coverage for inpatient services. | ||||||
23 | (c) Every hospital and approved pediatric health care | ||||||
24 | facility providing treatment services to sexual assault | ||||||
25 | survivors in accordance with a plan approved under Section 2 of | ||||||
26 | this Act shall provide a written notice to a sexual assault |
| |||||||
| |||||||
1 | survivor. The written notice must include, but is not limited | ||||||
2 | to, the following: | ||||||
3 | (1) a statement that the sexual assault survivor should | ||||||
4 | not be directly billed by any ambulance provider providing | ||||||
5 | transportation services, or by any hospital, approved | ||||||
6 | pediatric health care facility, health care professional, | ||||||
7 | laboratory, or pharmacy for the services the sexual assault | ||||||
8 | survivor received as an outpatient at the hospital or | ||||||
9 | approved pediatric health care facility; | ||||||
10 | (2) a statement that a sexual assault survivor who is | ||||||
11 | admitted to a hospital may be billed for inpatient services | ||||||
12 | provided by a hospital, health care professional, | ||||||
13 | laboratory, or pharmacy; | ||||||
14 | (3) a statement that prior to leaving the hospital or | ||||||
15 | approved pediatric health care facility, the hospital or | ||||||
16 | approved pediatric health care facility will give the | ||||||
17 | sexual assault survivor a sexual assault services voucher | ||||||
18 | for follow-up healthcare if the sexual assault survivor is | ||||||
19 | eligible to receive a sexual assault services voucher; | ||||||
20 | (4) the definition of "follow-up healthcare" as set | ||||||
21 | forth in Section 1a of this Act; | ||||||
22 | (5) a phone number the sexual assault survivor may call | ||||||
23 | should the sexual assault survivor receive a bill from the | ||||||
24 | hospital or approved pediatric health care facility for | ||||||
25 | medical forensic services; | ||||||
26 | (6) the toll-free phone number of the Office of the |
| |||||||
| |||||||
1 | Illinois Attorney General, Crime Victim Services Division, | ||||||
2 | which the sexual assault survivor may call should the | ||||||
3 | sexual assault survivor receive a bill from an ambulance | ||||||
4 | provider, approved pediatric health care facility, a | ||||||
5 | health care professional, a laboratory, or a pharmacy. | ||||||
6 | This subsection (c) shall not apply to hospitals that | ||||||
7 | provide transfer services as defined under Section 1a of this | ||||||
8 | Act. | ||||||
9 | (d) Within 60 days after the effective date of this | ||||||
10 | amendatory Act of the 99th General Assembly, every health care | ||||||
11 | professional, except for those employed by a hospital or | ||||||
12 | hospital affiliate, as defined in the Hospital Licensing Act, | ||||||
13 | or those employed by a hospital operated under the University | ||||||
14 | of Illinois Hospital Act, who bills separately for medical or | ||||||
15 | forensic services must develop a billing protocol that ensures | ||||||
16 | that no survivor of sexual assault will be sent a bill for any | ||||||
17 | medical forensic services and submit the billing protocol to | ||||||
18 | the Crime Victim Services Division of the Office of the | ||||||
19 | Attorney General for approval. Within 60 days after the | ||||||
20 | commencement of the provision of medical forensic services, | ||||||
21 | every health care professional, except for those employed by a | ||||||
22 | hospital or hospital affiliate, as defined in the Hospital | ||||||
23 | Licensing Act, or those employed by a hospital operated under | ||||||
24 | the University of Illinois Hospital Act, who bills separately | ||||||
25 | for medical or forensic services must develop a billing | ||||||
26 | protocol that ensures that no survivor of sexual assault is |
| |||||||
| |||||||
1 | sent a bill for any medical forensic services and submit the | ||||||
2 | billing protocol to the Crime Victim Services Division of the | ||||||
3 | Office of the Attorney General for approval. Health care | ||||||
4 | professionals who bill as a legal entity may submit a single | ||||||
5 | billing protocol for the billing entity. | ||||||
6 | Within 60 days after the Department's approval of a | ||||||
7 | treatment plan, an approved pediatric health care facility and | ||||||
8 | any health care professional employed by an approved pediatric | ||||||
9 | health care facility must develop a billing protocol that | ||||||
10 | ensures that no survivor of sexual assault is sent a bill for | ||||||
11 | any medical forensic services and submit the billing protocol | ||||||
12 | to the Crime Victim Services Division of the Office of the | ||||||
13 | Attorney General for approval. | ||||||
14 | The billing protocol must include at a minimum: | ||||||
15 | (1) a description of training for persons who prepare | ||||||
16 | bills for medical and forensic services; | ||||||
17 | (2) a written acknowledgement signed by a person who | ||||||
18 | has completed the training that the person will not bill | ||||||
19 | survivors of sexual assault; | ||||||
20 | (3) prohibitions on submitting any bill for any portion | ||||||
21 | of medical forensic services provided to a survivor of | ||||||
22 | sexual assault to a collection agency; | ||||||
23 | (4) prohibitions on taking any action that would | ||||||
24 | adversely affect the credit of the survivor of sexual | ||||||
25 | assault; | ||||||
26 | (5) the termination of all collection activities if the |
| |||||||
| |||||||
1 | protocol is violated; and | ||||||
2 | (6) the actions to be taken if a bill is sent to a | ||||||
3 | collection agency or the failure to pay is reported to any | ||||||
4 | credit reporting agency. | ||||||
5 | The Crime Victim Services Division of the Office of the | ||||||
6 | Attorney General may provide a sample acceptable billing | ||||||
7 | protocol upon request. | ||||||
8 | The Office of the Attorney General shall approve a proposed | ||||||
9 | protocol if it finds that the implementation of the protocol | ||||||
10 | would result in no survivor of sexual assault being billed or | ||||||
11 | sent a bill for medical forensic services. | ||||||
12 | If the Office of the Attorney General determines that | ||||||
13 | implementation of the protocol could result in the billing of a | ||||||
14 | survivor of sexual assault for medical forensic services, the | ||||||
15 | Office of the Attorney General shall provide the health care | ||||||
16 | professional or approved pediatric health care facility with a | ||||||
17 | written statement of the deficiencies in the protocol. The | ||||||
18 | health care professional or approved pediatric health care | ||||||
19 | facility shall have 30 days to submit a revised billing | ||||||
20 | protocol addressing the deficiencies to the Office of the | ||||||
21 | Attorney General. The health care professional or approved | ||||||
22 | pediatric health care facility shall implement the protocol | ||||||
23 | upon approval by the Crime Victim Services Division of the | ||||||
24 | Office of the Attorney General. | ||||||
25 | The health care professional or approved pediatric health | ||||||
26 | care facility shall submit any proposed revision to or |
| |||||||
| |||||||
1 | modification of an approved billing protocol to the Crime | ||||||
2 | Victim Services Division of the Office of the Attorney General | ||||||
3 | for approval. The health care professional or approved | ||||||
4 | pediatric health care facility shall implement the revised or | ||||||
5 | modified billing protocol upon approval by the Crime Victim | ||||||
6 | Services Division of the Office of the Illinois Attorney | ||||||
7 | General.
| ||||||
8 | (e) This Section is effective on and after July 1, 2021. | ||||||
9 | (Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
| ||||||
10 | Section 10-190. The Illinois Vehicle Code is amended by | ||||||
11 | changing Sections 6-204, 6-206, 6-308, 6-500, 6-601, and 16-103 | ||||||
12 | as follows:
| ||||||
13 | (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
| ||||||
14 | Sec. 6-204. When court to forward license and reports.
| ||||||
15 | (a) For the purpose of providing to the Secretary of State | ||||||
16 | the records
essential to the performance of the Secretary's | ||||||
17 | duties under this Code to
cancel, revoke or suspend the | ||||||
18 | driver's license and privilege to drive motor
vehicles of | ||||||
19 | certain minors and of persons
found guilty of the criminal | ||||||
20 | offenses or traffic violations
which this Code recognizes as | ||||||
21 | evidence relating to unfitness to safely operate
motor | ||||||
22 | vehicles, the following duties are imposed upon public | ||||||
23 | officials:
| ||||||
24 | (1) Whenever any person is convicted of any offense for |
| |||||||
| |||||||
1 | which
this
Code makes mandatory the cancellation or | ||||||
2 | revocation of the driver's
license or permit of such person | ||||||
3 | by the Secretary of State, the judge of the
court in which | ||||||
4 | such conviction is had shall require the surrender to the | ||||||
5 | clerk
of the court of all driver's licenses or permits then | ||||||
6 | held by the person so
convicted, and the clerk of the court | ||||||
7 | shall, within 5 days thereafter, forward
the same, together | ||||||
8 | with a report of such conviction, to the Secretary.
| ||||||
9 | (2) Whenever any person is convicted of any offense | ||||||
10 | under this
Code or
similar offenses under a municipal | ||||||
11 | ordinance, other than regulations
governing standing, | ||||||
12 | parking or weights of vehicles, and excepting the
following | ||||||
13 | enumerated Sections of this Code: Sections 11-1406 | ||||||
14 | (obstruction
to driver's view or control), 11-1407 | ||||||
15 | (improper opening of door into
traffic), 11-1410 (coasting | ||||||
16 | on downgrade), 11-1411 (following fire
apparatus), | ||||||
17 | 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
| ||||||
18 | vehicle which is in unsafe condition or improperly | ||||||
19 | equipped), 12-201(a)
(daytime lights on motorcycles), | ||||||
20 | 12-202 (clearance, identification and
side marker lamps), | ||||||
21 | 12-204 (lamp or flag on projecting load), 12-205
(failure | ||||||
22 | to display the safety lights required), 12-401 | ||||||
23 | (restrictions as
to tire equipment), 12-502 (mirrors), | ||||||
24 | 12-503 (windshields must be
unobstructed and equipped with | ||||||
25 | wipers), 12-601 (horns and warning
devices), 12-602 | ||||||
26 | (mufflers, prevention of noise or smoke), 12-603 (seat
|
| |||||||
| |||||||
1 | safety belts), 12-702 (certain vehicles to carry flares or | ||||||
2 | other warning
devices), 12-703 (vehicles for oiling roads | ||||||
3 | operated on highways),
12-710 (splash guards and | ||||||
4 | replacements), 13-101 (safety tests), 15-101
(size, weight | ||||||
5 | and load), 15-102 (width), 15-103 (height), 15-104 (name
| ||||||
6 | and address on second division vehicles), 15-107 (length of | ||||||
7 | vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), | ||||||
8 | 15-112 (weights), 15-301
(weights), 15-316 (weights), | ||||||
9 | 15-318 (weights), and also excepting the following
| ||||||
10 | enumerated Sections of the Chicago Municipal Code: | ||||||
11 | Sections 27-245 (following
fire apparatus), 27-254 | ||||||
12 | (obstruction of traffic), 27-258 (driving vehicle which
is | ||||||
13 | in unsafe condition), 27-259 (coasting on downgrade), | ||||||
14 | 27-264 (use of horns
and signal devices), 27-265 | ||||||
15 | (obstruction to driver's view or driver mechanism),
27-267 | ||||||
16 | (dimming of headlights), 27-268 (unattended motor | ||||||
17 | vehicle), 27-272
(illegal funeral procession), 27-273 | ||||||
18 | (funeral procession on boulevard), 27-275
(driving freight | ||||||
19 | hauling vehicles on boulevard), 27-276 (stopping and | ||||||
20 | standing
of buses or taxicabs), 27-277 (cruising of public | ||||||
21 | passenger vehicles), 27-305
(parallel parking), 27-306 | ||||||
22 | (diagonal parking), 27-307 (parking not to obstruct
| ||||||
23 | traffic), 27-308 (stopping, standing or parking | ||||||
24 | regulated), 27-311 (parking
regulations), 27-312 (parking | ||||||
25 | regulations), 27-313 (parking regulations),
27-314 | ||||||
26 | (parking regulations), 27-315 (parking regulations), |
| |||||||
| |||||||
1 | 27-316 (parking
regulations), 27-317 (parking | ||||||
2 | regulations), 27-318 (parking regulations),
27-319 | ||||||
3 | (parking regulations), 27-320 (parking regulations), | ||||||
4 | 27-321 (parking
regulations), 27-322 (parking | ||||||
5 | regulations), 27-324 (loading and
unloading at an angle), | ||||||
6 | 27-333 (wheel and axle loads), 27-334 (load
restrictions in | ||||||
7 | the downtown district), 27-335 (load restrictions in
| ||||||
8 | residential areas), 27-338 (width of vehicles), 27-339 | ||||||
9 | (height of
vehicles), 27-340 (length of vehicles), 27-352 | ||||||
10 | (reflectors on trailers),
27-353 (mufflers), 27-354 | ||||||
11 | (display of plates), 27-355 (display of city
vehicle tax | ||||||
12 | sticker), 27-357 (identification of vehicles), 27-358
| ||||||
13 | (projecting of loads), and also excepting the following | ||||||
14 | enumerated
paragraphs of Section 2-201 of the Rules and | ||||||
15 | Regulations of the Illinois
State Toll Highway Authority: | ||||||
16 | (l) (driving unsafe vehicle on tollway),
(m) (vehicles | ||||||
17 | transporting dangerous cargo not properly indicated), it
| ||||||
18 | shall be the duty of the clerk of the court in which such | ||||||
19 | conviction is
had within 5 days thereafter to forward to | ||||||
20 | the Secretary of State a report of
the conviction and the | ||||||
21 | court may recommend the suspension of the driver's
license | ||||||
22 | or permit of the person so convicted.
| ||||||
23 | The reporting requirements of this subsection shall | ||||||
24 | apply to all
violations stated in paragraphs (1) and (2) of | ||||||
25 | this
subsection when the
individual has been adjudicated | ||||||
26 | under the Juvenile Court Act or the
Juvenile Court Act of |
| |||||||
| |||||||
1 | 1987. Such reporting requirements shall also apply to
| ||||||
2 | individuals adjudicated under the Juvenile Court Act or the | ||||||
3 | Juvenile Court Act
of 1987 who have committed a violation | ||||||
4 | of Section 11-501 of this Code, or
similar provision of a | ||||||
5 | local ordinance, or Section 9-3 of the Criminal Code
of | ||||||
6 | 1961 or the Criminal Code of 2012, relating to the offense | ||||||
7 | of reckless homicide, or Section 5-7 of the Snowmobile | ||||||
8 | Registration and Safety Act or Section 5-16 of the Boat | ||||||
9 | Registration and Safety Act, relating to the offense of | ||||||
10 | operating a snowmobile or a watercraft while under the | ||||||
11 | influence of alcohol, other drug or drugs, intoxicating | ||||||
12 | compound or compounds, or combination thereof.
These | ||||||
13 | reporting requirements also apply to individuals | ||||||
14 | adjudicated under the Juvenile Court Act of 1987 based on | ||||||
15 | any offense determined to have been committed in | ||||||
16 | furtherance of the criminal activities of an organized | ||||||
17 | gang, as provided in Section 5-710 of that Act, if those | ||||||
18 | activities involved the operation or use of a motor | ||||||
19 | vehicle. It shall be the duty of the clerk of the court in | ||||||
20 | which
adjudication is had within 5 days thereafter to | ||||||
21 | forward to the Secretary of
State a report of the | ||||||
22 | adjudication and the court order requiring the Secretary
of | ||||||
23 | State to suspend the minor's driver's license and driving | ||||||
24 | privilege for such
time as determined by the court, but | ||||||
25 | only until he or she attains the age of 18
years. All | ||||||
26 | juvenile court dispositions reported to the Secretary of |
| |||||||
| |||||||
1 | State
under this provision shall be processed by the | ||||||
2 | Secretary of State as if the
cases had been adjudicated in | ||||||
3 | traffic or criminal court. However, information
reported | ||||||
4 | relative to the offense of reckless homicide, or Section | ||||||
5 | 11-501 of
this Code, or a similar provision of a local | ||||||
6 | ordinance, shall be privileged
and available only to the | ||||||
7 | Secretary of State, courts, and police officers.
| ||||||
8 | The reporting requirements of this subsection (a) | ||||||
9 | apply to all violations listed in paragraphs (1) and (2) of | ||||||
10 | this subsection (a), excluding parking violations, when | ||||||
11 | the driver holds a CLP or CDL, regardless of the type of | ||||||
12 | vehicle in which the violation occurred, or when any driver | ||||||
13 | committed the violation in a commercial motor vehicle as | ||||||
14 | defined in Section 6-500 of this Code.
| ||||||
15 | (3) Whenever an order is entered vacating the | ||||||
16 | conditions of pretrial release forfeiture of any
bail,
| ||||||
17 | security or bond given to secure appearance for any offense | ||||||
18 | under this
Code or similar offenses under municipal | ||||||
19 | ordinance, it shall be the duty
of the clerk of the court | ||||||
20 | in which such vacation was had or the judge of
such court | ||||||
21 | if such court has no clerk, within 5 days thereafter to
| ||||||
22 | forward to the Secretary of State a report of the vacation.
| ||||||
23 | (4) A report of any disposition of court supervision | ||||||
24 | for a
violation of
Sections 6-303, 11-401, 11-501 or a | ||||||
25 | similar provision of a local ordinance,
11-503, 11-504, and | ||||||
26 | 11-506 of this Code, Section 5-7 of the Snowmobile |
| |||||||
| |||||||
1 | Registration and Safety Act, and Section 5-16 of the Boat | ||||||
2 | Registration and Safety Act shall be forwarded to the | ||||||
3 | Secretary of State.
A report of any disposition of court | ||||||
4 | supervision for a violation of an offense
defined as a | ||||||
5 | serious traffic violation in this Code or a similar | ||||||
6 | provision of a
local ordinance committed by a person under | ||||||
7 | the age of 21 years shall be
forwarded to the Secretary of | ||||||
8 | State.
| ||||||
9 | (5) Reports of conviction
under this Code
and | ||||||
10 | sentencing hearings under the
Juvenile Court
Act of 1987 in | ||||||
11 | an electronic format
or a computer processible medium
shall
| ||||||
12 | be
forwarded to the Secretary of State via the Supreme | ||||||
13 | Court in the form and
format required by the Illinois | ||||||
14 | Supreme Court and established by a written
agreement | ||||||
15 | between the Supreme Court and the Secretary of State.
In | ||||||
16 | counties with a population over 300,000, instead of | ||||||
17 | forwarding reports to
the Supreme Court, reports of | ||||||
18 | conviction
under this Code
and sentencing hearings under | ||||||
19 | the
Juvenile Court Act of 1987 in an electronic format
or a | ||||||
20 | computer processible medium
may
be forwarded to the | ||||||
21 | Secretary of State by the Circuit Court Clerk in a form and
| ||||||
22 | format required by the Secretary of State and established | ||||||
23 | by written agreement
between the Circuit Court Clerk and | ||||||
24 | the Secretary of State. Failure to
forward the reports of | ||||||
25 | conviction or sentencing hearing under the Juvenile
Court | ||||||
26 | Act of 1987 as required by this Section shall be
deemed an |
| |||||||
| |||||||
1 | omission of duty and it shall be the duty of the several | ||||||
2 | State's
Attorneys to enforce the requirements of this | ||||||
3 | Section.
| ||||||
4 | (b) Whenever a restricted driving permit is forwarded to a | ||||||
5 | court, as a
result of confiscation by a police officer pursuant | ||||||
6 | to the authority in
Section 6-113(f), it shall be the duty of | ||||||
7 | the clerk, or judge, if the court
has no clerk, to forward such | ||||||
8 | restricted driving permit and a facsimile of
the officer's | ||||||
9 | citation to the Secretary of State as expeditiously as
| ||||||
10 | practicable.
| ||||||
11 | (c) For the purposes of this Code, a violation of the | ||||||
12 | conditions of pretrial release forfeiture of bail or collateral
| ||||||
13 | deposited to secure a defendant's appearance in court when the | ||||||
14 | conditions of pretrial release have forfeiture
has not been | ||||||
15 | vacated, or the failure of a defendant to appear for trial
| ||||||
16 | after depositing his driver's license in lieu of other bail, | ||||||
17 | shall be
equivalent to a conviction.
| ||||||
18 | (d) For the purpose of providing the Secretary of State | ||||||
19 | with records
necessary to properly monitor and assess driver | ||||||
20 | performance and assist the
courts in the proper disposition of | ||||||
21 | repeat traffic law offenders, the clerk
of the court shall | ||||||
22 | forward to the Secretary of State,
on a form prescribed
by the | ||||||
23 | Secretary, records of a driver's participation in a driver | ||||||
24 | remedial
or rehabilitative program which was required, through | ||||||
25 | a court order or court
supervision, in relation to the driver's | ||||||
26 | arrest for a violation of Section
11-501 of this Code or a |
| |||||||
| |||||||
1 | similar provision of a local ordinance.
The clerk of the court | ||||||
2 | shall also forward to the Secretary, either on
paper or in an | ||||||
3 | electronic format or a computer processible medium as required
| ||||||
4 | under paragraph (5) of subsection (a) of this Section, any | ||||||
5 | disposition
of court supervision for any traffic violation,
| ||||||
6 | excluding those offenses listed in paragraph (2)
of subsection | ||||||
7 | (a) of this Section.
These reports
shall be sent within 5
days | ||||||
8 | after disposition, or, if
the driver is
referred to a driver
| ||||||
9 | remedial or rehabilitative program, within 5 days of the | ||||||
10 | driver's referral
to that program.
These reports received by | ||||||
11 | the Secretary of State, including those required to
be | ||||||
12 | forwarded under paragraph (a)(4), shall be privileged | ||||||
13 | information, available
only (i) to the affected driver, (ii) to | ||||||
14 | the parent or guardian of a person under the age of 18 years | ||||||
15 | holding an instruction permit or a graduated driver's license, | ||||||
16 | and (iii) for use by the courts, police
officers, prosecuting | ||||||
17 | authorities, the Secretary of State, and the driver licensing | ||||||
18 | administrator of any other state. In accordance with 49 C.F.R. | ||||||
19 | Part 384, all reports of court supervision, except violations | ||||||
20 | related to parking, shall be forwarded to the Secretary of | ||||||
21 | State for all holders of a CLP or CDL or any driver who commits | ||||||
22 | an offense while driving a commercial motor vehicle. These | ||||||
23 | reports shall be recorded to the driver's record as a | ||||||
24 | conviction for use in the disqualification of the driver's | ||||||
25 | commercial motor vehicle privileges and shall not be privileged | ||||||
26 | information.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20 .)
| ||||||
2 | (625 ILCS 5/6-206)
| ||||||
3 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
4 | license or
permit; right to a hearing.
| ||||||
5 | (a) The Secretary of State is authorized to suspend or | ||||||
6 | revoke the
driving privileges of any person without preliminary | ||||||
7 | hearing upon a showing
of the person's records or other | ||||||
8 | sufficient evidence that
the person:
| ||||||
9 | 1. Has committed an offense for which mandatory | ||||||
10 | revocation of
a driver's license or permit is required upon | ||||||
11 | conviction;
| ||||||
12 | 2. Has been convicted of not less than 3 offenses | ||||||
13 | against traffic
regulations governing the movement of | ||||||
14 | vehicles committed within any 12-month 12
month period. No | ||||||
15 | revocation or suspension shall be entered more than
6 | ||||||
16 | months after the date of last conviction;
| ||||||
17 | 3. Has been repeatedly involved as a driver in motor | ||||||
18 | vehicle
collisions or has been repeatedly convicted of | ||||||
19 | offenses against laws and
ordinances regulating the | ||||||
20 | movement of traffic, to a degree that
indicates lack of | ||||||
21 | ability to exercise ordinary and reasonable care in
the | ||||||
22 | safe operation of a motor vehicle or disrespect for the | ||||||
23 | traffic laws
and the safety of other persons upon the | ||||||
24 | highway;
| ||||||
25 | 4. Has by the unlawful operation of a motor vehicle |
| |||||||
| |||||||
1 | caused or
contributed to an accident resulting in injury | ||||||
2 | requiring
immediate professional treatment in a medical | ||||||
3 | facility or doctor's office
to any person, except that any | ||||||
4 | suspension or revocation imposed by the
Secretary of State | ||||||
5 | under the provisions of this subsection shall start no
| ||||||
6 | later than 6 months after being convicted of violating a | ||||||
7 | law or
ordinance regulating the movement of traffic, which | ||||||
8 | violation is related
to the accident, or shall start not | ||||||
9 | more than one year
after
the date of the accident, | ||||||
10 | whichever date occurs later;
| ||||||
11 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
12 | driver's
license, identification card, or permit;
| ||||||
13 | 6. Has been lawfully convicted of an offense or | ||||||
14 | offenses in another
state, including the authorization | ||||||
15 | contained in Section 6-203.1, which
if committed within | ||||||
16 | this State would be grounds for suspension or revocation;
| ||||||
17 | 7. Has refused or failed to submit to an examination | ||||||
18 | provided for by
Section 6-207 or has failed to pass the | ||||||
19 | examination;
| ||||||
20 | 8. Is ineligible for a driver's license or permit under | ||||||
21 | the provisions
of Section 6-103;
| ||||||
22 | 9. Has made a false statement or knowingly concealed a | ||||||
23 | material fact
or has used false information or | ||||||
24 | identification in any application for a
license, | ||||||
25 | identification card, or permit;
| ||||||
26 | 10. Has possessed, displayed, or attempted to |
| |||||||
| |||||||
1 | fraudulently use any
license, identification card, or | ||||||
2 | permit not issued to the person;
| ||||||
3 | 11. Has operated a motor vehicle upon a highway of this | ||||||
4 | State when
the person's driving privilege or privilege to | ||||||
5 | obtain a driver's license
or permit was revoked or | ||||||
6 | suspended unless the operation was authorized by
a | ||||||
7 | monitoring device driving permit, judicial driving permit | ||||||
8 | issued prior to January 1, 2009, probationary license to | ||||||
9 | drive, or a restricted
driving permit issued under this | ||||||
10 | Code;
| ||||||
11 | 12. Has submitted to any portion of the application | ||||||
12 | process for
another person or has obtained the services of | ||||||
13 | another person to submit to
any portion of the application | ||||||
14 | process for the purpose of obtaining a
license, | ||||||
15 | identification card, or permit for some other person;
| ||||||
16 | 13. Has operated a motor vehicle upon a highway of this | ||||||
17 | State when
the person's driver's license or permit was | ||||||
18 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
19 | 14. Has committed a violation of Section 6-301, | ||||||
20 | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | ||||||
21 | 14B of the Illinois Identification Card
Act;
| ||||||
22 | 15. Has been convicted of violating Section 21-2 of the | ||||||
23 | Criminal Code
of 1961 or the Criminal Code of 2012 relating | ||||||
24 | to criminal trespass to vehicles if the person exercised | ||||||
25 | actual physical control over the vehicle during the | ||||||
26 | commission of the offense, in which case the suspension
|
| |||||||
| |||||||
1 | shall be for one year;
| ||||||
2 | 16. Has been convicted of violating Section 11-204 of | ||||||
3 | this Code relating
to fleeing from a peace officer;
| ||||||
4 | 17. Has refused to submit to a test, or tests, as | ||||||
5 | required under Section
11-501.1 of this Code and the person | ||||||
6 | has not sought a hearing as
provided for in Section | ||||||
7 | 11-501.1;
| ||||||
8 | 18. (Blank);
| ||||||
9 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
10 | of Section 6-101
relating to driving without a driver's | ||||||
11 | license;
| ||||||
12 | 20. Has been convicted of violating Section 6-104 | ||||||
13 | relating to
classification of driver's license;
| ||||||
14 | 21. Has been convicted of violating Section 11-402 of
| ||||||
15 | this Code relating to leaving the scene of an accident | ||||||
16 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
17 | which case the suspension shall be
for one year;
| ||||||
18 | 22. Has used a motor vehicle in violating paragraph | ||||||
19 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
20 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
21 | relating
to unlawful use of weapons, in which case the | ||||||
22 | suspension shall be for one
year;
| ||||||
23 | 23. Has, as a driver, been convicted of committing a | ||||||
24 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
25 | for a second or subsequent
time within one year of a | ||||||
26 | similar violation;
|
| |||||||
| |||||||
1 | 24. Has been convicted by a court-martial or punished | ||||||
2 | by non-judicial
punishment by military authorities of the | ||||||
3 | United States at a military
installation in Illinois or in | ||||||
4 | another state of or for a traffic-related traffic related | ||||||
5 | offense that is the
same as or similar to an offense | ||||||
6 | specified under Section 6-205 or 6-206 of
this Code;
| ||||||
7 | 25. Has permitted any form of identification to be used | ||||||
8 | by another in
the application process in order to obtain or | ||||||
9 | attempt to obtain a license,
identification card, or | ||||||
10 | permit;
| ||||||
11 | 26. Has altered or attempted to alter a license or has | ||||||
12 | possessed an
altered license, identification card, or | ||||||
13 | permit;
| ||||||
14 | 27. (Blank);
| ||||||
15 | 28. Has been convicted for a first time of the illegal | ||||||
16 | possession, while operating or
in actual physical control, | ||||||
17 | as a driver, of a motor vehicle, of any
controlled | ||||||
18 | substance prohibited under the Illinois Controlled | ||||||
19 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
20 | Control
Act, or any methamphetamine prohibited under the | ||||||
21 | Methamphetamine Control and Community Protection Act, in | ||||||
22 | which case the person's driving privileges shall be | ||||||
23 | suspended for
one year.
Any defendant found guilty of this | ||||||
24 | offense while operating a motor vehicle ,
shall have an | ||||||
25 | entry made in the court record by the presiding judge that
| ||||||
26 | this offense did occur while the defendant was operating a |
| |||||||
| |||||||
1 | motor vehicle
and order the clerk of the court to report | ||||||
2 | the violation to the Secretary
of State;
| ||||||
3 | 29. Has been convicted of the following offenses that | ||||||
4 | were committed
while the person was operating or in actual | ||||||
5 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
6 | sexual assault,
predatory criminal sexual assault of a | ||||||
7 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
8 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
9 | soliciting for a juvenile prostitute, promoting juvenile | ||||||
10 | prostitution as described in subdivision (a)(1), (a)(2), | ||||||
11 | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | ||||||
12 | or the Criminal Code of 2012, and the manufacture, sale or
| ||||||
13 | delivery of controlled substances or instruments used for | ||||||
14 | illegal drug use
or abuse in which case the driver's | ||||||
15 | driving privileges shall be suspended
for one year;
| ||||||
16 | 30. Has been convicted a second or subsequent time for | ||||||
17 | any
combination of the offenses named in paragraph 29 of | ||||||
18 | this subsection,
in which case the person's driving | ||||||
19 | privileges shall be suspended for 5
years;
| ||||||
20 | 31. Has refused to submit to a test as
required by | ||||||
21 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
22 | Registration and Safety Act or has submitted to a test | ||||||
23 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
24 | any amount of a drug, substance, or
compound resulting from | ||||||
25 | the unlawful use or consumption of cannabis as listed
in | ||||||
26 | the Cannabis Control Act, a controlled substance as listed |
| |||||||
| |||||||
1 | in the Illinois
Controlled Substances Act, an intoxicating | ||||||
2 | compound as listed in the Use of
Intoxicating Compounds | ||||||
3 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
4 | Control and Community Protection Act, in which case the | ||||||
5 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
6 | 32. Has been convicted of Section 24-1.2 of the | ||||||
7 | Criminal Code of
1961 or the Criminal Code of 2012 relating | ||||||
8 | to the aggravated discharge of a firearm if the offender | ||||||
9 | was
located in a motor vehicle at the time the firearm was | ||||||
10 | discharged, in which
case the suspension shall be for 3 | ||||||
11 | years;
| ||||||
12 | 33. Has as a driver, who was less than 21 years of age | ||||||
13 | on the date of
the offense, been convicted a first time of | ||||||
14 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
15 | or a similar provision of a local ordinance;
| ||||||
16 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
17 | this Code or a similar provision of a local ordinance;
| ||||||
18 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
19 | this Code or a similar provision of a local ordinance;
| ||||||
20 | 36. Is under the age of 21 years at the time of arrest | ||||||
21 | and has been
convicted of not less than 2 offenses against | ||||||
22 | traffic regulations governing
the movement of vehicles | ||||||
23 | committed within any 24-month 24 month period. No | ||||||
24 | revocation
or suspension shall be entered more than 6 | ||||||
25 | months after the date of last
conviction;
| ||||||
26 | 37. Has committed a violation of subsection (c) of |
| |||||||
| |||||||
1 | Section 11-907 of this
Code that resulted in damage to the | ||||||
2 | property of another or the death or injury of another;
| ||||||
3 | 38. Has been convicted of a violation of Section 6-20 | ||||||
4 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
5 | a local ordinance and the person was an occupant of a motor | ||||||
6 | vehicle at the time of the violation;
| ||||||
7 | 39. Has committed a second or subsequent violation of | ||||||
8 | Section
11-1201 of this Code;
| ||||||
9 | 40. Has committed a violation of subsection (a-1) of | ||||||
10 | Section 11-908 of
this Code; | ||||||
11 | 41. Has committed a second or subsequent violation of | ||||||
12 | Section 11-605.1 of this Code, a similar provision of a | ||||||
13 | local ordinance, or a similar violation in any other state | ||||||
14 | within 2 years of the date of the previous violation, in | ||||||
15 | which case the suspension shall be for 90 days; | ||||||
16 | 42. Has committed a violation of subsection (a-1) of | ||||||
17 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
18 | local ordinance;
| ||||||
19 | 43. Has received a disposition of court supervision for | ||||||
20 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
21 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
22 | a local ordinance and the person was an occupant of a motor | ||||||
23 | vehicle at the time of the violation, in which case the | ||||||
24 | suspension shall be for a period of 3 months;
| ||||||
25 | 44.
Is under the age of 21 years at the time of arrest | ||||||
26 | and has been convicted of an offense against traffic |
| |||||||
| |||||||
1 | regulations governing the movement of vehicles after | ||||||
2 | having previously had his or her driving privileges
| ||||||
3 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
4 | Section; | ||||||
5 | 45.
Has, in connection with or during the course of a | ||||||
6 | formal hearing conducted under Section 2-118 of this Code: | ||||||
7 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
8 | falsified documents; (iii) submitted documents that have | ||||||
9 | been materially altered; or (iv) submitted, as his or her | ||||||
10 | own, documents that were in fact prepared or composed for | ||||||
11 | another person; | ||||||
12 | 46. Has committed a violation of subsection (j) of | ||||||
13 | Section 3-413 of this Code;
| ||||||
14 | 47. Has committed a violation of subsection (a) of | ||||||
15 | Section 11-502.1 of this Code; | ||||||
16 | 48. Has submitted a falsified or altered medical | ||||||
17 | examiner's certificate to the Secretary of State or | ||||||
18 | provided false information to obtain a medical examiner's | ||||||
19 | certificate; or | ||||||
20 | 49. Has committed a violation of subsection (b-5) of | ||||||
21 | Section 12-610.2 that resulted in great bodily harm, | ||||||
22 | permanent disability, or disfigurement, in which case the | ||||||
23 | driving privileges shall be suspended for 12 months ; or . | ||||||
24 | 50. 49. Has been convicted of a violation of Section | ||||||
25 | 11-1002 or 11-1002.5 that resulted in a Type A injury to | ||||||
26 | another, in which case the person's driving privileges |
| |||||||
| |||||||
1 | shall be suspended for 12 months. | ||||||
2 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
3 | and 27 of this
subsection, license means any driver's license, | ||||||
4 | any traffic ticket issued when
the person's driver's license is | ||||||
5 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
6 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
7 | a probationary driver's license , or a temporary driver's | ||||||
8 | license. | ||||||
9 | (b) If any conviction forming the basis of a suspension or
| ||||||
10 | revocation authorized under this Section is appealed, the
| ||||||
11 | Secretary of State may rescind or withhold the entry of the | ||||||
12 | order of suspension
or revocation, as the case may be, provided | ||||||
13 | that a certified copy of a stay
order of a court is filed with | ||||||
14 | the Secretary of State. If the conviction is
affirmed on | ||||||
15 | appeal, the date of the conviction shall relate back to the | ||||||
16 | time
the original judgment of conviction was entered and the | ||||||
17 | 6-month 6 month limitation
prescribed shall not apply.
| ||||||
18 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
19 | permit of
any person as authorized in this Section, the | ||||||
20 | Secretary of State shall
immediately notify the person in | ||||||
21 | writing of the revocation or suspension.
The notice to be | ||||||
22 | deposited in the United States mail, postage prepaid,
to the | ||||||
23 | last known address of the person.
| ||||||
24 | 2. If the Secretary of State suspends the driver's license
| ||||||
25 | of a person under subsection 2 of paragraph (a) of this | ||||||
26 | Section, a
person's privilege to operate a vehicle as an |
| |||||||
| |||||||
1 | occupation shall not be
suspended, provided an affidavit is | ||||||
2 | properly completed, the appropriate fee
received, and a permit | ||||||
3 | issued prior to the effective date of the
suspension, unless 5 | ||||||
4 | offenses were committed, at least 2 of which occurred
while | ||||||
5 | operating a commercial vehicle in connection with the driver's
| ||||||
6 | regular occupation. All other driving privileges shall be | ||||||
7 | suspended by the
Secretary of State. Any driver prior to | ||||||
8 | operating a vehicle for
occupational purposes only must submit | ||||||
9 | the affidavit on forms to be
provided by the Secretary of State | ||||||
10 | setting forth the facts of the person's
occupation. The | ||||||
11 | affidavit shall also state the number of offenses
committed | ||||||
12 | while operating a vehicle in connection with the driver's | ||||||
13 | regular
occupation. The affidavit shall be accompanied by the | ||||||
14 | driver's license.
Upon receipt of a properly completed | ||||||
15 | affidavit, the Secretary of State
shall issue the driver a | ||||||
16 | permit to operate a vehicle in connection with the
driver's | ||||||
17 | regular occupation only. Unless the permit is issued by the
| ||||||
18 | Secretary of State prior to the date of suspension, the | ||||||
19 | privilege to drive
any motor vehicle shall be suspended as set | ||||||
20 | forth in the notice that was
mailed under this Section. If an | ||||||
21 | affidavit is received subsequent to the
effective date of this | ||||||
22 | suspension, a permit may be issued for the remainder
of the | ||||||
23 | suspension period.
| ||||||
24 | The provisions of this subparagraph shall not apply to any | ||||||
25 | driver
required to possess a CDL for the purpose of operating a | ||||||
26 | commercial motor vehicle.
|
| |||||||
| |||||||
1 | Any person who falsely states any fact in the affidavit | ||||||
2 | required
herein shall be guilty of perjury under Section 6-302 | ||||||
3 | and upon conviction
thereof shall have all driving privileges | ||||||
4 | revoked without further rights.
| ||||||
5 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
6 | this Code,
the Secretary of State shall either rescind or | ||||||
7 | continue an order of
revocation or shall substitute an order of | ||||||
8 | suspension; or, good
cause appearing therefor, rescind, | ||||||
9 | continue, change, or extend the
order of suspension. If the | ||||||
10 | Secretary of State does not rescind the order,
the Secretary | ||||||
11 | may upon application,
to relieve undue hardship (as defined by | ||||||
12 | the rules of the Secretary of State), issue
a restricted | ||||||
13 | driving permit granting the privilege of driving a motor
| ||||||
14 | vehicle between the petitioner's residence and petitioner's | ||||||
15 | place of
employment or within the scope of the petitioner's | ||||||
16 | employment-related employment related duties, or to
allow the | ||||||
17 | petitioner to transport himself or herself, or a family member | ||||||
18 | of the
petitioner's household to a medical facility, to receive | ||||||
19 | necessary medical care, to allow the petitioner to transport | ||||||
20 | himself or herself to and from alcohol or drug
remedial or | ||||||
21 | rehabilitative activity recommended by a licensed service | ||||||
22 | provider, or to allow the petitioner to transport himself or | ||||||
23 | herself or a family member of the petitioner's household to | ||||||
24 | classes, as a student, at an accredited educational | ||||||
25 | institution, or to allow the petitioner to transport children, | ||||||
26 | elderly persons, or persons with disabilities who do not hold |
| |||||||
| |||||||
1 | driving privileges and are living in the petitioner's household | ||||||
2 | to and from daycare. The
petitioner must demonstrate that no | ||||||
3 | alternative means of
transportation is reasonably available | ||||||
4 | and that the petitioner will not endanger
the public safety or | ||||||
5 | welfare.
| ||||||
6 | (A) If a person's license or permit is revoked or | ||||||
7 | suspended due to 2
or more convictions of violating Section | ||||||
8 | 11-501 of this Code or a similar
provision of a local | ||||||
9 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
10 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
11 | where the use of alcohol or other drugs is recited as an | ||||||
12 | element of the offense, or a similar out-of-state offense, | ||||||
13 | or a combination of these offenses, arising out
of separate | ||||||
14 | occurrences, that person, if issued a restricted driving | ||||||
15 | permit,
may not operate a vehicle unless it has been | ||||||
16 | equipped with an ignition
interlock device as defined in | ||||||
17 | Section 1-129.1.
| ||||||
18 | (B) If a person's license or permit is revoked or | ||||||
19 | suspended 2 or more
times due to any combination of: | ||||||
20 | (i) a single conviction of violating Section
| ||||||
21 | 11-501 of this Code or a similar provision of a local | ||||||
22 | ordinance or a similar
out-of-state offense or Section | ||||||
23 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
24 | of 2012, where the use of alcohol or other drugs is | ||||||
25 | recited as an element of the offense, or a similar | ||||||
26 | out-of-state offense; or |
| |||||||
| |||||||
1 | (ii) a statutory summary suspension or revocation | ||||||
2 | under Section
11-501.1; or | ||||||
3 | (iii) a suspension under Section 6-203.1; | ||||||
4 | arising out of
separate occurrences; that person, if issued | ||||||
5 | a restricted driving permit, may
not operate a vehicle | ||||||
6 | unless it has been
equipped with an ignition interlock | ||||||
7 | device as defined in Section 1-129.1. | ||||||
8 | (B-5) If a person's license or permit is revoked or | ||||||
9 | suspended due to a conviction for a violation of | ||||||
10 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
11 | of Section 11-501 of this Code, or a similar provision of a | ||||||
12 | local ordinance or similar out-of-state offense, that | ||||||
13 | person, if issued a restricted driving permit, may not | ||||||
14 | operate a vehicle unless it has been equipped with an | ||||||
15 | ignition interlock device as defined in Section 1-129.1. | ||||||
16 | (C)
The person issued a permit conditioned upon the use | ||||||
17 | of an ignition interlock device must pay to the Secretary | ||||||
18 | of State DUI Administration Fund an amount
not to exceed | ||||||
19 | $30 per month. The Secretary shall establish by rule the | ||||||
20 | amount
and the procedures, terms, and conditions relating | ||||||
21 | to these fees. | ||||||
22 | (D) If the
restricted driving permit is issued for | ||||||
23 | employment purposes, then the prohibition against | ||||||
24 | operating a motor vehicle that is not equipped with an | ||||||
25 | ignition interlock device does not apply to the operation | ||||||
26 | of an occupational vehicle owned or
leased by that person's |
| |||||||
| |||||||
1 | employer when used solely for employment purposes. For any | ||||||
2 | person who, within a 5-year period, is convicted of a | ||||||
3 | second or subsequent offense under Section 11-501 of this | ||||||
4 | Code, or a similar provision of a local ordinance or | ||||||
5 | similar out-of-state offense, this employment exemption | ||||||
6 | does not apply until either a one-year period has elapsed | ||||||
7 | during which that person had his or her driving privileges | ||||||
8 | revoked or a one-year period has elapsed during which that | ||||||
9 | person had a restricted driving permit which required the | ||||||
10 | use of an ignition interlock device on every motor vehicle | ||||||
11 | owned or operated by that person. | ||||||
12 | (E) In each case the Secretary may issue a
restricted | ||||||
13 | driving permit for a period deemed appropriate, except that | ||||||
14 | all
permits shall expire no later than 2 years from the | ||||||
15 | date of issuance. A
restricted driving permit issued under | ||||||
16 | this Section shall be subject to
cancellation, revocation, | ||||||
17 | and suspension by the Secretary of State in like
manner and | ||||||
18 | for like cause as a driver's license issued under this Code | ||||||
19 | may be
cancelled, revoked, or suspended; except that a | ||||||
20 | conviction upon one or more
offenses against laws or | ||||||
21 | ordinances regulating the movement of traffic
shall be | ||||||
22 | deemed sufficient cause for the revocation, suspension, or
| ||||||
23 | cancellation of a restricted driving permit. The Secretary | ||||||
24 | of State may, as
a condition to the issuance of a | ||||||
25 | restricted driving permit, require the
applicant to | ||||||
26 | participate in a designated driver remedial or |
| |||||||
| |||||||
1 | rehabilitative
program. The Secretary of State is | ||||||
2 | authorized to cancel a restricted
driving permit if the | ||||||
3 | permit holder does not successfully complete the program.
| ||||||
4 | (F) A person subject to the provisions of paragraph 4 | ||||||
5 | of subsection (b) of Section 6-208 of this Code may make | ||||||
6 | application for a restricted driving permit at a hearing | ||||||
7 | conducted under Section 2-118 of this Code after the | ||||||
8 | expiration of 5 years from the effective date of the most | ||||||
9 | recent revocation or after 5 years from the date of release | ||||||
10 | from a period of imprisonment resulting from a conviction | ||||||
11 | of the most recent offense, whichever is later, provided | ||||||
12 | the person, in addition to all other requirements of the | ||||||
13 | Secretary, shows by clear and convincing evidence: | ||||||
14 | (i) a minimum of 3 years of uninterrupted | ||||||
15 | abstinence from alcohol and the unlawful use or | ||||||
16 | consumption of cannabis under the Cannabis Control | ||||||
17 | Act, a controlled substance under the Illinois | ||||||
18 | Controlled Substances Act, an intoxicating compound | ||||||
19 | under the Use of Intoxicating Compounds Act, or | ||||||
20 | methamphetamine under the Methamphetamine Control and | ||||||
21 | Community Protection Act; and | ||||||
22 | (ii) the successful completion of any | ||||||
23 | rehabilitative treatment and involvement in any | ||||||
24 | ongoing rehabilitative activity that may be | ||||||
25 | recommended by a properly licensed service provider | ||||||
26 | according to an assessment of the person's alcohol or |
| |||||||
| |||||||
1 | drug use under Section 11-501.01 of this Code. | ||||||
2 | In determining whether an applicant is eligible for a | ||||||
3 | restricted driving permit under this subparagraph (F), the | ||||||
4 | Secretary may consider any relevant evidence, including, | ||||||
5 | but not limited to, testimony, affidavits, records, and the | ||||||
6 | results of regular alcohol or drug tests. Persons subject | ||||||
7 | to the provisions of paragraph 4 of subsection (b) of | ||||||
8 | Section 6-208 of this Code and who have been convicted of | ||||||
9 | more than one violation of paragraph (3), paragraph (4), or | ||||||
10 | paragraph (5) of subsection (a) of Section 11-501 of this | ||||||
11 | Code shall not be eligible to apply for a restricted | ||||||
12 | driving permit under this subparagraph (F). | ||||||
13 | A restricted driving permit issued under this | ||||||
14 | subparagraph (F) shall provide that the holder may only | ||||||
15 | operate motor vehicles equipped with an ignition interlock | ||||||
16 | device as required under paragraph (2) of subsection (c) of | ||||||
17 | Section 6-205 of this Code and subparagraph (A) of | ||||||
18 | paragraph 3 of subsection (c) of this Section. The | ||||||
19 | Secretary may revoke a restricted driving permit or amend | ||||||
20 | the conditions of a restricted driving permit issued under | ||||||
21 | this subparagraph (F) if the holder operates a vehicle that | ||||||
22 | is not equipped with an ignition interlock device, or for | ||||||
23 | any other reason authorized under this Code. | ||||||
24 | A restricted driving permit issued under this | ||||||
25 | subparagraph (F) shall be revoked, and the holder barred | ||||||
26 | from applying for or being issued a restricted driving |
| |||||||
| |||||||
1 | permit in the future, if the holder is convicted of a | ||||||
2 | violation of Section 11-501 of this Code, a similar | ||||||
3 | provision of a local ordinance, or a similar offense in | ||||||
4 | another state. | ||||||
5 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
6 | subsection (a), reports received by the Secretary of State | ||||||
7 | under this Section shall, except during the actual time the | ||||||
8 | suspension is in effect, be privileged information and for use | ||||||
9 | only by the courts, police officers, prosecuting authorities, | ||||||
10 | the driver licensing administrator of any other state, the | ||||||
11 | Secretary of State, or the parent or legal guardian of a driver | ||||||
12 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
13 | person is a CDL holder, the suspension shall also be made | ||||||
14 | available to the driver licensing administrator of any other | ||||||
15 | state, the U.S. Department of Transportation, and the affected | ||||||
16 | driver or motor
carrier or prospective motor carrier upon | ||||||
17 | request.
| ||||||
18 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
19 | subsection (a), the Secretary of State shall notify the person | ||||||
20 | by mail that his or her driving privileges and driver's license | ||||||
21 | will be suspended one month after the date of the mailing of | ||||||
22 | the notice.
| ||||||
23 | (c-5) The Secretary of State may, as a condition of the | ||||||
24 | reissuance of a
driver's license or permit to an applicant | ||||||
25 | whose driver's license or permit has
been suspended before he | ||||||
26 | or she reached the age of 21 years pursuant to any of
the |
| |||||||
| |||||||
1 | provisions of this Section, require the applicant to | ||||||
2 | participate in a
driver remedial education course and be | ||||||
3 | retested under Section 6-109 of this
Code.
| ||||||
4 | (d) This Section is subject to the provisions of the Driver | ||||||
5 | Drivers License
Compact.
| ||||||
6 | (e) The Secretary of State shall not issue a restricted | ||||||
7 | driving permit to
a person under the age of 16 years whose | ||||||
8 | driving privileges have been suspended
or revoked under any | ||||||
9 | provisions of this Code.
| ||||||
10 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
11 | State may not issue a restricted driving permit for the | ||||||
12 | operation of a commercial motor vehicle to a person holding a | ||||||
13 | CDL whose driving privileges have been suspended, revoked, | ||||||
14 | cancelled, or disqualified under any provisions of this Code. | ||||||
15 | (Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20; | ||||||
16 | 101-470, eff. 7-1-20; 101-623, eff. 7-1-20; revised 1-4-21.)
| ||||||
17 | (625 ILCS 5/6-308) | ||||||
18 | Sec. 6-308. Procedures for traffic violations. | ||||||
19 | (a) Any person cited for violating this Code or a similar | ||||||
20 | provision of a local ordinance for which a violation is a petty | ||||||
21 | offense as defined by Section 5-1-17 of the Unified Code of | ||||||
22 | Corrections, excluding business offenses as defined by Section | ||||||
23 | 5-1-2 of the Unified Code of Corrections or a violation of | ||||||
24 | Section 15-111 or subsection (d) of Section 3-401 of this Code, | ||||||
25 | shall not be required to sign the citation or post bond to |
| |||||||
| |||||||
1 | secure bail for his or her release. All other provisions of | ||||||
2 | this Code or similar provisions of local ordinances shall be | ||||||
3 | governed by the pretrial release bail provisions of the | ||||||
4 | Illinois Supreme Court Rules when it is not practical or | ||||||
5 | feasible to take the person before a judge to have conditions | ||||||
6 | of pretrial release bail set or to avoid undue delay because of | ||||||
7 | the hour or circumstances. | ||||||
8 | (b) Whenever a person fails to appear in court, the court | ||||||
9 | may continue the case for a minimum of 30 days and the clerk of | ||||||
10 | the court shall send notice of the continued court date to the | ||||||
11 | person's last known address. If the person does not appear in | ||||||
12 | court on or before the continued court date or satisfy the | ||||||
13 | court that the person's appearance in and surrender to the | ||||||
14 | court is impossible for no fault of the person, the court shall | ||||||
15 | enter an order of failure to appear. The clerk of the court | ||||||
16 | shall notify the Secretary of State, on a report prescribed by | ||||||
17 | the Secretary, of the court's order. The Secretary, when | ||||||
18 | notified by the clerk of the court that an order of failure to | ||||||
19 | appear has been entered, shall immediately suspend the person's | ||||||
20 | driver's license, which shall be designated by the Secretary as | ||||||
21 | a Failure to Appear suspension. The Secretary shall not remove | ||||||
22 | the suspension, nor issue any permit or privileges to the | ||||||
23 | person whose license has been suspended, until notified by the | ||||||
24 | ordering court that the person has appeared and resolved the | ||||||
25 | violation. Upon compliance, the clerk of the court shall | ||||||
26 | present the person with a notice of compliance containing the |
| |||||||
| |||||||
1 | seal of the court, and shall notify the Secretary that the | ||||||
2 | person has appeared and resolved the violation. | ||||||
3 | (c) Illinois Supreme Court Rules shall govern pretrial | ||||||
4 | release bail and appearance procedures when a person who is a | ||||||
5 | resident of another state that is not a member of the | ||||||
6 | Nonresident Violator Compact of 1977 is cited for violating | ||||||
7 | this Code or a similar provision of a local ordinance.
| ||||||
8 | (Source: P.A. 100-674, eff. 1-1-19 .)
| ||||||
9 | (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
| ||||||
10 | Sec. 6-500. Definitions of words and phrases. | ||||||
11 | Notwithstanding the
definitions set forth elsewhere in this
| ||||||
12 | Code, for purposes of the Uniform Commercial Driver's License | ||||||
13 | Act
(UCDLA), the words and phrases listed below have the | ||||||
14 | meanings
ascribed to them as follows:
| ||||||
15 | (1) Alcohol. "Alcohol" means any substance containing any | ||||||
16 | form of
alcohol, including but not limited to ethanol,
| ||||||
17 | methanol,
propanol, and
isopropanol.
| ||||||
18 | (2) Alcohol concentration. "Alcohol concentration" means:
| ||||||
19 | (A) the number of grams of alcohol per 210 liters of | ||||||
20 | breath;
or
| ||||||
21 | (B) the number of grams of alcohol per 100 milliliters | ||||||
22 | of
blood; or
| ||||||
23 | (C) the number of grams of alcohol per 67 milliliters | ||||||
24 | of
urine.
| ||||||
25 | Alcohol tests administered within 2 hours of the driver |
| |||||||
| |||||||
1 | being
"stopped or detained" shall be considered that driver's | ||||||
2 | "alcohol
concentration" for the purposes of enforcing this | ||||||
3 | UCDLA.
| ||||||
4 | (3) (Blank).
| ||||||
5 | (4) (Blank).
| ||||||
6 | (5) (Blank).
| ||||||
7 | (5.3) CDLIS driver record. "CDLIS driver record" means the | ||||||
8 | electronic record of the individual CDL driver's status and | ||||||
9 | history stored by the State-of-Record as part of the Commercial | ||||||
10 | Driver's License Information System, or CDLIS, established | ||||||
11 | under 49 U.S.C. 31309. | ||||||
12 | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | ||||||
13 | record" or "CDLIS MVR" means a report generated from the CDLIS | ||||||
14 | driver record meeting the requirements for access to CDLIS | ||||||
15 | information and provided by states to users authorized in 49 | ||||||
16 | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | ||||||
17 | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
18 | (5.7) Commercial driver's license downgrade. "Commercial | ||||||
19 | driver's license downgrade" or "CDL downgrade" means either: | ||||||
20 | (A) a state allows the driver to change his or her | ||||||
21 | self-certification to interstate, but operating | ||||||
22 | exclusively in transportation or operation excepted from | ||||||
23 | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), | ||||||
24 | 391.2, 391.68, or 398.3; | ||||||
25 | (B) a state allows the driver to change his or her | ||||||
26 | self-certification to intrastate only, if the driver |
| |||||||
| |||||||
1 | qualifies under that state's physical qualification | ||||||
2 | requirements for intrastate only; | ||||||
3 | (C) a state allows the driver to change his or her | ||||||
4 | certification to intrastate, but operating exclusively in | ||||||
5 | transportation or operations excepted from all or part of | ||||||
6 | the state driver qualification requirements; or | ||||||
7 | (D) a state removes the CDL privilege from the driver | ||||||
8 | license. | ||||||
9 | (6) Commercial Motor Vehicle.
| ||||||
10 | (A) "Commercial motor vehicle" or "CMV" means
a motor | ||||||
11 | vehicle or combination of motor vehicles used in commerce, | ||||||
12 | except those referred to in subdivision (B), designed
to | ||||||
13 | transport passengers or property if the motor vehicle:
| ||||||
14 | (i) has a gross combination weight rating or gross | ||||||
15 | combination weight of 11,794 kilograms or more (26,001 | ||||||
16 | pounds or more), whichever is greater, inclusive of any | ||||||
17 | towed unit with a gross vehicle weight rating or
gross | ||||||
18 | vehicle weight of more than 4,536 kilograms (10,000 | ||||||
19 | pounds), whichever is greater; or
| ||||||
20 | (i-5) has a gross vehicle weight rating or gross | ||||||
21 | vehicle weight of 11,794 or more kilograms (26,001 | ||||||
22 | pounds or more), whichever is greater; or | ||||||
23 | (ii) is designed to transport 16 or more
persons, | ||||||
24 | including the driver;
or
| ||||||
25 | (iii) is of any size and is used in transporting | ||||||
26 | hazardous materials as defined in 49 C.F.R. 383.5.
|
| |||||||
| |||||||
1 | (B) Pursuant to the interpretation of the Commercial | ||||||
2 | Motor
Vehicle
Safety Act of 1986 by the Federal Highway | ||||||
3 | Administration, the definition of
"commercial motor | ||||||
4 | vehicle" does not include:
| ||||||
5 | (i) recreational vehicles, when operated primarily | ||||||
6 | for personal use;
| ||||||
7 | (ii) vehicles owned by or operated under the | ||||||
8 | direction of the United States Department of Defense or | ||||||
9 | the United States Coast Guard only when operated by
| ||||||
10 | non-civilian personnel. This includes any operator on | ||||||
11 | active military
duty; members of the Reserves; | ||||||
12 | National Guard; personnel on part-time
training; and | ||||||
13 | National Guard military technicians (civilians who are
| ||||||
14 | required to wear military uniforms and are subject to | ||||||
15 | the Code of Military
Justice); or
| ||||||
16 | (iii) firefighting, police, and other emergency | ||||||
17 | equipment (including, without limitation, equipment | ||||||
18 | owned or operated by a HazMat or technical rescue team | ||||||
19 | authorized by a county board under Section 5-1127 of | ||||||
20 | the Counties Code), with audible and
visual signals, | ||||||
21 | owned or operated
by or for a
governmental entity, | ||||||
22 | which is necessary to the preservation of life or
| ||||||
23 | property or the execution of emergency governmental | ||||||
24 | functions which are
normally not subject to general | ||||||
25 | traffic rules and regulations.
| ||||||
26 | (7) Controlled Substance. "Controlled substance" shall |
| |||||||
| |||||||
1 | have the same
meaning as defined in Section 102 of the Illinois | ||||||
2 | Controlled Substances Act,
and shall also include cannabis as | ||||||
3 | defined in Section 3 of the Cannabis Control
Act and | ||||||
4 | methamphetamine as defined in Section 10 of the Methamphetamine | ||||||
5 | Control and Community Protection Act.
| ||||||
6 | (8) Conviction. "Conviction" means an unvacated | ||||||
7 | adjudication of guilt
or a determination that a person has | ||||||
8 | violated or failed to comply with the
law in a court of | ||||||
9 | original jurisdiction or by an authorized administrative
| ||||||
10 | tribunal; an unvacated revocation of pretrial release or | ||||||
11 | forfeiture of bail or collateral deposited to secure
the | ||||||
12 | person's appearance in court; a plea of guilty or nolo | ||||||
13 | contendere accepted by the court; the payment of a fine or | ||||||
14 | court cost
regardless of whether the imposition of sentence is | ||||||
15 | deferred and ultimately
a judgment dismissing the underlying | ||||||
16 | charge is entered; or a violation of a
condition of pretrial | ||||||
17 | release without bail, regardless of whether or not the penalty
| ||||||
18 | is rebated, suspended or probated.
| ||||||
19 | (8.5) Day. "Day" means calendar day.
| ||||||
20 | (9) (Blank).
| ||||||
21 | (10) (Blank).
| ||||||
22 | (11) (Blank).
| ||||||
23 | (12) (Blank).
| ||||||
24 | (13) Driver. "Driver" means any person who drives, | ||||||
25 | operates, or is in
physical control of a commercial motor | ||||||
26 | vehicle, any person who is required to hold a
CDL, or any |
| |||||||
| |||||||
1 | person who is a holder of a CDL while operating a | ||||||
2 | non-commercial motor vehicle.
| ||||||
3 | (13.5) Driver applicant. "Driver applicant" means an | ||||||
4 | individual who applies to a state or other jurisdiction to | ||||||
5 | obtain, transfer, upgrade, or renew a CDL or to obtain or renew | ||||||
6 | a CLP.
| ||||||
7 | (13.8) Electronic device. "Electronic device" includes, | ||||||
8 | but is not limited to, a cellular telephone, personal digital | ||||||
9 | assistant, pager, computer, or any other device used to input, | ||||||
10 | write, send, receive, or read text. | ||||||
11 | (14) Employee. "Employee" means a person who is employed as | ||||||
12 | a
commercial
motor vehicle driver. A person who is | ||||||
13 | self-employed as a commercial motor
vehicle driver must comply | ||||||
14 | with the requirements of this UCDLA
pertaining to employees. An
| ||||||
15 | owner-operator on a long-term lease shall be considered an | ||||||
16 | employee.
| ||||||
17 | (15) Employer. "Employer" means a person (including the | ||||||
18 | United
States, a State or a local authority) who owns or leases | ||||||
19 | a commercial motor
vehicle or assigns employees to operate such | ||||||
20 | a vehicle. A person who is
self-employed as a commercial motor | ||||||
21 | vehicle driver must
comply with the requirements of this UCDLA.
| ||||||
22 | (15.1) Endorsement. "Endorsement" means an authorization | ||||||
23 | to an individual's CLP or CDL required to permit the individual | ||||||
24 | to operate certain types of commercial motor vehicles. | ||||||
25 | (15.2) Entry-level driver training. "Entry-level driver | ||||||
26 | training" means the training an entry-level driver receives |
| |||||||
| |||||||
1 | from an entity listed on the Federal Motor Carrier Safety | ||||||
2 | Administration's Training Provider Registry prior to: (i) | ||||||
3 | taking the CDL skills test required to receive the Class A or | ||||||
4 | Class B CDL for the first time; (ii) taking the CDL skills test | ||||||
5 | required to upgrade to a Class A or Class B CDL; or (iii) | ||||||
6 | taking the CDL skills test required to obtain a passenger or | ||||||
7 | school bus endorsement for the first time or the CDL knowledge | ||||||
8 | test required to obtain a hazardous materials endorsement for | ||||||
9 | the first time. | ||||||
10 | (15.3) Excepted interstate. "Excepted interstate" means a | ||||||
11 | person who operates or expects to operate in interstate | ||||||
12 | commerce, but engages exclusively in transportation or | ||||||
13 | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or | ||||||
14 | 398.3 from all or part of the qualification requirements of 49 | ||||||
15 | C.F.R. Part 391 and is not required to obtain a medical | ||||||
16 | examiner's certificate by 49 C.F.R. 391.45. | ||||||
17 | (15.5) Excepted intrastate. "Excepted intrastate" means a | ||||||
18 | person who operates in intrastate commerce but engages | ||||||
19 | exclusively in transportation or operations excepted from all | ||||||
20 | or parts of the state driver qualification requirements. | ||||||
21 | (16) (Blank).
| ||||||
22 | (16.5) Fatality. "Fatality" means the death of a person as | ||||||
23 | a result of a motor vehicle accident.
| ||||||
24 | (16.7) Foreign commercial driver. "Foreign commercial | ||||||
25 | driver" means a person licensed to operate a commercial motor | ||||||
26 | vehicle by an authority outside the United States, or a citizen |
| |||||||
| |||||||
1 | of a foreign country who operates a commercial motor vehicle in | ||||||
2 | the United States. | ||||||
3 | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | ||||||
4 | sovereign
jurisdiction that does not fall within the definition | ||||||
5 | of "State".
| ||||||
6 | (18) (Blank).
| ||||||
7 | (19) (Blank).
| ||||||
8 | (20) Hazardous materials. "Hazardous material" means any | ||||||
9 | material that has been designated under 49 U.S.C.
5103 and is | ||||||
10 | required to be placarded under subpart F of 49 C.F.R. part 172 | ||||||
11 | or any quantity of a material listed as a select agent or toxin | ||||||
12 | in 42 C.F.R. part 73.
| ||||||
13 | (20.5) Imminent Hazard. "Imminent hazard" means the | ||||||
14 | existence of any condition of a vehicle, employee, or | ||||||
15 | commercial motor vehicle operations that substantially | ||||||
16 | increases the likelihood of serious injury or death if not | ||||||
17 | discontinued immediately; or a condition relating to hazardous | ||||||
18 | material that presents a substantial likelihood that death, | ||||||
19 | serious illness, severe personal injury, or a substantial | ||||||
20 | endangerment to health, property, or the environment may occur | ||||||
21 | before the reasonably foreseeable completion date of a formal | ||||||
22 | proceeding begun to lessen the risk of that death, illness, | ||||||
23 | injury or endangerment.
| ||||||
24 | (20.6) Issuance. "Issuance" means initial issuance, | ||||||
25 | transfer, renewal, or upgrade of a CLP or CDL and non-domiciled | ||||||
26 | CLP or CDL. |
| |||||||
| |||||||
1 | (20.7) Issue. "Issue" means initial issuance, transfer, | ||||||
2 | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or | ||||||
3 | non-domiciled CDL. | ||||||
4 | (21) Long-term lease. "Long-term lease" means a lease of a | ||||||
5 | commercial
motor vehicle by the owner-lessor to a lessee, for a | ||||||
6 | period of more than 29
days.
| ||||||
7 | (21.01) Manual transmission. "Manual transmission" means a | ||||||
8 | transmission utilizing a driver-operated clutch that is | ||||||
9 | activated by a pedal or lever and a gear-shift mechanism | ||||||
10 | operated either by hand or foot including those known as a | ||||||
11 | stick shift, stick, straight drive, or standard transmission. | ||||||
12 | All other transmissions, whether semi-automatic or automatic, | ||||||
13 | shall be considered automatic for the purposes of the | ||||||
14 | standardized restriction code. | ||||||
15 | (21.1) Medical examiner. "Medical examiner" means an | ||||||
16 | individual certified by the Federal Motor Carrier Safety | ||||||
17 | Administration and listed on the National Registry of Certified | ||||||
18 | Medical Examiners in accordance with Federal Motor Carrier | ||||||
19 | Safety Regulations, 49 CFR 390.101 et seq. | ||||||
20 | (21.2) Medical examiner's certificate. "Medical examiner's | ||||||
21 | certificate" means either (1) prior to June 22, 2021, a | ||||||
22 | document prescribed or approved by the Secretary of State that | ||||||
23 | is issued by a medical examiner to a driver to medically | ||||||
24 | qualify him or her to drive; or (2) beginning June 22, 2021, an | ||||||
25 | electronic submission of results of an examination conducted by | ||||||
26 | a medical examiner listed on the National Registry of Certified |
| |||||||
| |||||||
1 | Medical Examiners to the Federal Motor Carrier Safety | ||||||
2 | Administration of a driver to medically qualify him or her to | ||||||
3 | drive. | ||||||
4 | (21.5) Medical variance. "Medical variance" means a driver | ||||||
5 | has received one of the following from the Federal Motor | ||||||
6 | Carrier Safety Administration which allows the driver to be | ||||||
7 | issued a medical certificate: (1) an exemption letter | ||||||
8 | permitting operation of a commercial motor vehicle pursuant to | ||||||
9 | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | ||||||
10 | skill performance evaluation (SPE) certificate permitting | ||||||
11 | operation of a commercial motor vehicle pursuant to 49 C.F.R. | ||||||
12 | 391.49. | ||||||
13 | (21.7) Mobile telephone. "Mobile telephone" means a mobile | ||||||
14 | communication device that falls under or uses any commercial | ||||||
15 | mobile radio service, as defined in regulations of the Federal | ||||||
16 | Communications Commission, 47 CFR 20.3. It does not include | ||||||
17 | two-way or citizens band radio services. | ||||||
18 | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| ||||||
19 | which is self-propelled, and every vehicle which is propelled | ||||||
20 | by electric
power obtained from over head trolley wires but not | ||||||
21 | operated upon rails,
except vehicles moved solely by human | ||||||
22 | power and motorized wheel chairs.
| ||||||
23 | (22.2) Motor vehicle record. "Motor vehicle record" means a | ||||||
24 | report of the driving status and history of a driver generated | ||||||
25 | from the driver record provided to users, such as drivers or | ||||||
26 | employers, and is subject to the provisions of the Driver |
| |||||||
| |||||||
1 | Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
2 | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | ||||||
3 | combination of motor vehicles not defined by the term | ||||||
4 | "commercial motor vehicle" or "CMV" in this Section.
| ||||||
5 | (22.7) Non-excepted interstate. "Non-excepted interstate" | ||||||
6 | means a person who operates or expects to operate in interstate | ||||||
7 | commerce, is subject to and meets the qualification | ||||||
8 | requirements under 49 C.F.R. Part 391, and is required to | ||||||
9 | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | ||||||
10 | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | ||||||
11 | means a person who operates only in intrastate commerce and is | ||||||
12 | subject to State driver qualification requirements. | ||||||
13 | (23) Non-domiciled CLP or Non-domiciled CDL. | ||||||
14 | "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, | ||||||
15 | respectively, issued by a state or other jurisdiction under | ||||||
16 | either of the following two conditions: | ||||||
17 | (i) to an individual domiciled in a foreign country | ||||||
18 | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | ||||||
19 | of the Federal Motor Carrier Safety Administration.
| ||||||
20 | (ii) to an individual domiciled in another state | ||||||
21 | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | ||||||
22 | of the Federal Motor Carrier Safety Administration.
| ||||||
23 | (24) (Blank).
| ||||||
24 | (25) (Blank).
| ||||||
25 | (25.5) Railroad-Highway Grade Crossing Violation. | ||||||
26 | "Railroad-highway
grade
crossing violation" means a
violation, |
| |||||||
| |||||||
1 | while operating a commercial motor vehicle, of
any
of the | ||||||
2 | following:
| ||||||
3 | (A) Section 11-1201, 11-1202, or 11-1425 of this
Code.
| ||||||
4 | (B) Any other similar
law or local ordinance of any | ||||||
5 | state relating to
railroad-highway grade crossing.
| ||||||
6 | (25.7) School Bus. "School bus" means a commercial motor | ||||||
7 | vehicle used to transport pre-primary, primary, or secondary | ||||||
8 | school students from home to school, from school to home, or to | ||||||
9 | and from school-sponsored events. "School bus" does not include | ||||||
10 | a bus used as a common carrier.
| ||||||
11 | (26) Serious Traffic Violation. "Serious traffic | ||||||
12 | violation"
means:
| ||||||
13 | (A) a conviction when operating a commercial motor | ||||||
14 | vehicle, or when operating a non-CMV while holding a CLP or | ||||||
15 | CDL,
of:
| ||||||
16 | (i) a violation relating to excessive speeding,
| ||||||
17 | involving a single speeding charge of 15 miles per hour | ||||||
18 | or more above the
legal speed limit; or
| ||||||
19 | (ii) a violation relating to reckless driving; or
| ||||||
20 | (iii) a violation of any State law or local | ||||||
21 | ordinance relating to motor
vehicle traffic control | ||||||
22 | (other than parking violations) arising in
connection | ||||||
23 | with a fatal traffic accident; or
| ||||||
24 | (iv) a violation of Section 6-501, relating to | ||||||
25 | having multiple driver's
licenses; or
| ||||||
26 | (v) a violation of paragraph (a) of Section 6-507, |
| |||||||
| |||||||
1 | relating to the
requirement to have a valid CLP or CDL; | ||||||
2 | or
| ||||||
3 | (vi) a violation relating to improper or erratic | ||||||
4 | traffic lane changes;
or
| ||||||
5 | (vii) a violation relating to following another | ||||||
6 | vehicle too closely; or
| ||||||
7 | (viii) a violation relating to texting while | ||||||
8 | driving; or | ||||||
9 | (ix) a violation relating to the use of a hand-held | ||||||
10 | mobile telephone while driving; or | ||||||
11 | (B) any other similar violation of a law or local
| ||||||
12 | ordinance of any state relating to motor vehicle traffic | ||||||
13 | control, other
than a parking violation, which the | ||||||
14 | Secretary of State determines by
administrative rule to be | ||||||
15 | serious.
| ||||||
16 | (27) State. "State" means a state of the United States, the | ||||||
17 | District of
Columbia and any province or territory of Canada.
| ||||||
18 | (28) (Blank).
| ||||||
19 | (29) (Blank).
| ||||||
20 | (30) (Blank).
| ||||||
21 | (31) (Blank).
| ||||||
22 | (32) Texting. "Texting" means manually entering | ||||||
23 | alphanumeric text into, or reading text from, an electronic | ||||||
24 | device. | ||||||
25 | (1) Texting includes, but is not limited to, short | ||||||
26 | message service, emailing, instant messaging, a command or |
| |||||||
| |||||||
1 | request to access a World Wide Web page, pressing more than | ||||||
2 | a single button to initiate or terminate a voice | ||||||
3 | communication using a mobile telephone, or engaging in any | ||||||
4 | other form of electronic text retrieval or entry for | ||||||
5 | present or future communication. | ||||||
6 | (2) Texting does not include: | ||||||
7 | (i) inputting, selecting, or reading information | ||||||
8 | on a global positioning system or navigation system; or | ||||||
9 | (ii) pressing a single button to initiate or | ||||||
10 | terminate a voice communication using a mobile | ||||||
11 | telephone; or | ||||||
12 | (iii) using a device capable of performing | ||||||
13 | multiple functions (for example, a fleet management | ||||||
14 | system, dispatching device, smart phone, citizens band | ||||||
15 | radio, or music player) for a purpose that is not | ||||||
16 | otherwise prohibited by Part 392 of the Federal Motor | ||||||
17 | Carrier Safety Regulations. | ||||||
18 | (32.3) Third party skills test examiner. "Third party | ||||||
19 | skills test examiner" means a person employed by a third party | ||||||
20 | tester who is authorized by the State to administer the CDL | ||||||
21 | skills tests specified in 49 C.F.R. Part 383, subparts G and H. | ||||||
22 | (32.5) Third party tester. "Third party tester" means a | ||||||
23 | person (including, but not limited to, another state, a motor | ||||||
24 | carrier, a private driver training facility or other private | ||||||
25 | institution, or a department, agency, or instrumentality of a | ||||||
26 | local government) authorized by the State to employ skills test |
| |||||||
| |||||||
1 | examiners to administer the CDL skills tests specified in 49 | ||||||
2 | C.F.R. Part 383, subparts G and H. | ||||||
3 | (32.7) United States. "United States" means the 50 states | ||||||
4 | and the District of Columbia. | ||||||
5 | (33) Use a hand-held mobile telephone. "Use a hand-held | ||||||
6 | mobile telephone" means: | ||||||
7 | (1) using at least one hand to hold a mobile telephone | ||||||
8 | to conduct a voice communication; | ||||||
9 | (2) dialing or answering a mobile telephone by pressing | ||||||
10 | more than a single button; or | ||||||
11 | (3) reaching for a mobile telephone in a manner that | ||||||
12 | requires a driver to maneuver so that he or she is no | ||||||
13 | longer in a seated driving position, restrained by a seat | ||||||
14 | belt that is installed in accordance with 49 CFR 393.93 and | ||||||
15 | adjusted in accordance with the vehicle manufacturer's | ||||||
16 | instructions. | ||||||
17 | (Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20 .)
| ||||||
18 | (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
| ||||||
19 | Sec. 6-601. Penalties.
| ||||||
20 | (a) It is a petty offense for any person to violate any of | ||||||
21 | the
provisions of this Chapter unless such violation is by this | ||||||
22 | Code or other
law of this State declared to be a misdemeanor or | ||||||
23 | a felony.
| ||||||
24 | (b) General penalties. Unless another penalty is in this | ||||||
25 | Code
or other laws of this State, every person convicted of a |
| |||||||
| |||||||
1 | petty
offense for the violation of any provision of this | ||||||
2 | Chapter shall be
punished by a fine of not more than $500.
| ||||||
3 | (c) Unlicensed driving. Except as hereinafter provided a | ||||||
4 | violation
of Section 6-101 shall be:
| ||||||
5 | 1. A Class A misdemeanor if the person failed to obtain | ||||||
6 | a driver's
license or permit after expiration of a period | ||||||
7 | of revocation.
| ||||||
8 | 2. A Class B misdemeanor if the person has been issued | ||||||
9 | a driver's license
or permit, which has expired, and if the | ||||||
10 | period of expiration is greater than
one year; or if the | ||||||
11 | person has never been issued a driver's license or permit,
| ||||||
12 | or is not qualified to obtain a driver's license or permit | ||||||
13 | because of his age.
| ||||||
14 | 3. A petty offense if the person has been issued a | ||||||
15 | temporary visitor's driver's license or permit and is | ||||||
16 | unable to provide proof of liability insurance as provided | ||||||
17 | in subsection (d-5) of Section 6-105.1. | ||||||
18 | If a licensee under this Code is convicted of violating | ||||||
19 | Section 6-303 for
operating a motor vehicle during a time when | ||||||
20 | such licensee's driver's license
was suspended under the | ||||||
21 | provisions of Section 6-306.3 or 6-308, then such act shall be
| ||||||
22 | a petty offense (provided the licensee has answered the charge | ||||||
23 | which was the
basis of the suspension under Section 6-306.3 or | ||||||
24 | 6-308), and there shall be imposed no
additional like period of | ||||||
25 | suspension as provided in paragraph (b) of Section
6-303.
| ||||||
26 | (d) For violations of this Code or a similar provision of a |
| |||||||
| |||||||
1 | local ordinance for which a violation is a petty offense as | ||||||
2 | defined by Section 5-1-17 of the Unified Code of Corrections, | ||||||
3 | excluding business offenses as defined by Section 5-1-2 of the | ||||||
4 | Unified Code of Corrections or a violation of Section 15-111 or | ||||||
5 | subsection (d) of Section 3-401 of this Code, if the violation | ||||||
6 | may be satisfied without a court appearance, the violator may, | ||||||
7 | pursuant to Supreme Court Rule, satisfy the case with a written | ||||||
8 | plea of guilty and payment of fines, penalties, and costs as | ||||||
9 | equal to the bail amount established by the Supreme Court for | ||||||
10 | the offense. | ||||||
11 | (Source: P.A. 97-1157, eff. 11-28-13; 98-870, eff. 1-1-15; | ||||||
12 | 98-1134, eff. 1-1-15.)
| ||||||
13 | (625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)
| ||||||
14 | Sec. 16-103. Arrest outside county where violation | ||||||
15 | committed.
| ||||||
16 | Whenever a defendant is arrested upon a warrant charging a | ||||||
17 | violation of
this Act in a county other than that in which such | ||||||
18 | warrant was issued, the
arresting officer, immediately upon the | ||||||
19 | request of the defendant, shall
take such defendant before a | ||||||
20 | circuit judge or associate circuit judge in
the county in which | ||||||
21 | the arrest was made who shall admit the defendant to
pretrial | ||||||
22 | release bail for his appearance before the court named in the | ||||||
23 | warrant. On setting the conditions of pretrial release taking
| ||||||
24 | such bail the circuit judge or associate circuit judge shall | ||||||
25 | certify such
fact on the warrant and deliver the warrant and |
| |||||||
| |||||||
1 | conditions of pretrial release undertaking of bail or
other | ||||||
2 | security , or the drivers license of such defendant if | ||||||
3 | deposited,
under the law relating to such licenses, in lieu of | ||||||
4 | such security, to the
officer having charge of the defendant. | ||||||
5 | Such officer shall then immediately
discharge the defendant | ||||||
6 | from arrest and without delay deliver such warrant
and such | ||||||
7 | acknowledgment by the defendant of his or her receiving the | ||||||
8 | conditions of pretrial release undertaking of bail, or other | ||||||
9 | security or drivers license to the
court before which the | ||||||
10 | defendant is required to appear.
| ||||||
11 | (Source: P.A. 77-1280.)
| ||||||
12 | Section 10-191. The Illinois Vehicle Code is amended by | ||||||
13 | changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8, | ||||||
14 | 11-208.9, and 11-1201.1 as follows:
| ||||||
15 | (625 ILCS 5/6-209.1) | ||||||
16 | Sec. 6-209.1. Restoration of driving privileges; | ||||||
17 | revocation; suspension; cancellation. | ||||||
18 | (a) The Secretary shall rescind the suspension or | ||||||
19 | cancellation of a person's driver's license that has been | ||||||
20 | suspended or canceled before July 1, 2020 ( the effective date | ||||||
21 | of Public Act 101-623) this amendatory Act of the 101st General | ||||||
22 | Assembly due to: | ||||||
23 | (1) the person being convicted of theft of motor fuel | ||||||
24 | under Section Sections 16-25 or 16K-15 of the Criminal Code |
| |||||||
| |||||||
1 | of 1961 or the Criminal Code of 2012; | ||||||
2 | (2) the person, since the issuance of the driver's | ||||||
3 | license, being adjudged to be afflicted with or suffering | ||||||
4 | from any mental disability or disease; | ||||||
5 | (3) a violation of Section 6-16 of the Liquor Control | ||||||
6 | Act of 1934 or a similar provision of a local ordinance; | ||||||
7 | (4) the person being convicted of a violation of | ||||||
8 | Section 6-20 of the Liquor Control Act of 1934 or a similar | ||||||
9 | provision of a local ordinance, if the person presents a | ||||||
10 | certified copy of a court order that includes a finding | ||||||
11 | that the person was not an occupant of a motor vehicle at | ||||||
12 | the time of the violation; | ||||||
13 | (5) the person receiving a disposition of court | ||||||
14 | supervision for a violation of subsection subsections (a), | ||||||
15 | (d), or (e) of Section 6-20 of the Liquor Control Act of | ||||||
16 | 1934 or a similar provision of a local ordinance, if the | ||||||
17 | person presents a certified copy of a court order that | ||||||
18 | includes a finding that the person was not an occupant of a | ||||||
19 | motor vehicle at the time of the violation; | ||||||
20 | (6) the person failing to pay any fine or penalty due | ||||||
21 | or owing as a result of 10 or more violations of a | ||||||
22 | municipality's or county's vehicular standing, parking, or | ||||||
23 | compliance regulations established by ordinance under | ||||||
24 | Section 11-208.3 of this Code; | ||||||
25 | (7) the person failing to satisfy any fine or penalty | ||||||
26 | resulting from a final order issued by the Illinois State |
| |||||||
| |||||||
1 | Toll Highway Authority relating directly or indirectly to 5 | ||||||
2 | or more toll violations, toll evasions, or both; | ||||||
3 | (8) the person being convicted of a violation of | ||||||
4 | Section 4-102 of this Code, if the person presents a | ||||||
5 | certified copy of a court order that includes a finding | ||||||
6 | that the person did not exercise actual physical control of | ||||||
7 | the vehicle at the time of the violation; or | ||||||
8 | (9) the person being convicted of criminal trespass to | ||||||
9 | vehicles under Section 21-2 of the Criminal Code of 2012, | ||||||
10 | if the person presents a certified copy of a court order | ||||||
11 | that includes a finding that the person did not exercise | ||||||
12 | actual physical control of the vehicle at the time of the | ||||||
13 | violation.
| ||||||
14 | (b) As soon as practicable and no later than July 1, 2021, | ||||||
15 | the Secretary shall rescind the suspension, cancellation, or | ||||||
16 | prohibition of renewal of a person's driver's license that has | ||||||
17 | been suspended, canceled, or whose renewal has been prohibited | ||||||
18 | before the effective date of this amendatory Act of the 101st | ||||||
19 | General Assembly due to the person having failed to pay any | ||||||
20 | fine or penalty for traffic violations, automated traffic law | ||||||
21 | enforcement system violations as defined in Sections 11-208.6, | ||||||
22 | and 11-208.8,11-208.9, and 11-1201.1, or abandoned vehicle | ||||||
23 | fees. | ||||||
24 | (Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)
| ||||||
25 | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
|
| |||||||
| |||||||
1 | Sec. 11-208.3. Administrative adjudication of violations | ||||||
2 | of traffic
regulations concerning the standing, parking, or | ||||||
3 | condition of
vehicles, automated traffic law violations, and | ||||||
4 | automated speed enforcement system violations.
| ||||||
5 | (a) Any municipality or county may provide by ordinance for | ||||||
6 | a system of
administrative adjudication of vehicular standing | ||||||
7 | and parking violations and
vehicle compliance violations as | ||||||
8 | described in this subsection, automated traffic law violations | ||||||
9 | as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and | ||||||
10 | automated speed enforcement system violations as defined in | ||||||
11 | Section 11-208.8.
The administrative system shall have as its | ||||||
12 | purpose the fair and
efficient enforcement of municipal or | ||||||
13 | county regulations through the
administrative adjudication of | ||||||
14 | automated speed enforcement system or automated traffic law | ||||||
15 | violations and violations of municipal or county ordinances
| ||||||
16 | regulating the standing and parking of vehicles, the condition | ||||||
17 | and use of
vehicle equipment, and the display of municipal or | ||||||
18 | county wheel tax licenses within the
municipality's
or county's | ||||||
19 | borders. The administrative system shall only have authority to | ||||||
20 | adjudicate
civil offenses carrying fines not in excess of $500 | ||||||
21 | or requiring the completion of a traffic education program, or | ||||||
22 | both, that occur after the
effective date of the ordinance | ||||||
23 | adopting such a system under this Section.
For purposes of this | ||||||
24 | Section, "compliance violation" means a violation of a
| ||||||
25 | municipal or county regulation governing the condition or use | ||||||
26 | of equipment on a vehicle
or governing the display of a |
| |||||||
| |||||||
1 | municipal or county wheel tax license.
| ||||||
2 | (b) Any ordinance establishing a system of administrative | ||||||
3 | adjudication
under this Section shall provide for:
| ||||||
4 | (1) A traffic compliance administrator authorized to
| ||||||
5 | adopt, distribute , and
process parking, compliance, and | ||||||
6 | automated speed enforcement system or automated traffic | ||||||
7 | law violation notices and other notices required
by this
| ||||||
8 | Section, collect money paid as fines and penalties for | ||||||
9 | violation of parking
and compliance
ordinances and | ||||||
10 | automated speed enforcement system or automated traffic | ||||||
11 | law violations, and operate an administrative adjudication | ||||||
12 | system. The traffic
compliance
administrator also may make | ||||||
13 | a certified report to the Secretary of State
under Section | ||||||
14 | 6-306.5.
| ||||||
15 | (2) A parking, standing, compliance, automated speed | ||||||
16 | enforcement system, or automated traffic law violation | ||||||
17 | notice
that
shall specify or include the date,
time, and | ||||||
18 | place of violation of a parking, standing,
compliance, | ||||||
19 | automated speed enforcement system, or automated traffic | ||||||
20 | law
regulation; the particular regulation
violated; any | ||||||
21 | requirement to complete a traffic education program; the | ||||||
22 | fine and any penalty that may be assessed for late payment | ||||||
23 | or failure to complete a required traffic education | ||||||
24 | program, or both,
when so provided by ordinance; the | ||||||
25 | vehicle make or a photograph of the vehicle; the state | ||||||
26 | registration
number of the vehicle; and the identification |
| |||||||
| |||||||
1 | number of the
person issuing the notice.
With regard to | ||||||
2 | automated speed enforcement system or automated traffic | ||||||
3 | law violations, vehicle make shall be specified on the | ||||||
4 | automated speed enforcement system or automated traffic | ||||||
5 | law violation notice if the notice does not include a | ||||||
6 | photograph of the vehicle and the make is available and | ||||||
7 | readily discernible. With regard to municipalities or | ||||||
8 | counties with a population of 1 million or more, it
shall | ||||||
9 | be grounds for
dismissal of a parking
violation if the | ||||||
10 | state registration number or vehicle make specified is
| ||||||
11 | incorrect. The violation notice shall state that the | ||||||
12 | completion of any required traffic education program, the | ||||||
13 | payment of any indicated
fine, and the payment of any | ||||||
14 | applicable penalty for late payment or failure to complete | ||||||
15 | a required traffic education program, or both, shall | ||||||
16 | operate as a
final disposition of the violation. The notice | ||||||
17 | also shall contain
information as to the availability of a | ||||||
18 | hearing in which the violation may
be contested on its | ||||||
19 | merits. The violation notice shall specify the
time and | ||||||
20 | manner in which a hearing may be had.
| ||||||
21 | (3) Service of a parking, standing, or compliance
| ||||||
22 | violation notice by: (i) affixing the
original or a | ||||||
23 | facsimile of the notice to an unlawfully parked or standing | ||||||
24 | vehicle; (ii)
handing the notice to the operator of a | ||||||
25 | vehicle if he or she is
present; or (iii) mailing the | ||||||
26 | notice to the address of the registered owner or lessee of |
| |||||||
| |||||||
1 | the cited vehicle as recorded with the Secretary of State | ||||||
2 | or the lessor of the motor vehicle within 30 days after the | ||||||
3 | Secretary of State or the lessor of the motor vehicle | ||||||
4 | notifies the municipality or county of the identity of the | ||||||
5 | owner or lessee of the vehicle, but not later than 90 days | ||||||
6 | after the date of the violation, except that in the case of | ||||||
7 | a lessee of a motor vehicle, service of a parking, | ||||||
8 | standing, or compliance violation notice may occur no later | ||||||
9 | than 210 days after the violation; and service of an | ||||||
10 | automated speed enforcement system or automated traffic | ||||||
11 | law violation notice by mail to the
address
of the | ||||||
12 | registered owner or lessee of the cited vehicle as recorded | ||||||
13 | with the Secretary of
State or the lessor of the motor | ||||||
14 | vehicle within 30 days after the Secretary of State or the | ||||||
15 | lessor of the motor vehicle notifies the municipality or | ||||||
16 | county of the identity of the owner or lessee of the | ||||||
17 | vehicle, but not later than 90 days after the violation, | ||||||
18 | except that in the case of a lessee of a motor vehicle, | ||||||
19 | service of an automated traffic law violation notice may | ||||||
20 | occur no later than 210 days after the violation. A person | ||||||
21 | authorized by ordinance to issue and serve parking,
| ||||||
22 | standing, and compliance
violation notices shall certify | ||||||
23 | as to the correctness of the facts entered
on the violation | ||||||
24 | notice by signing his or her name to the notice at
the time | ||||||
25 | of service or , in the case of a notice produced by a | ||||||
26 | computerized
device, by signing a single certificate to be |
| |||||||
| |||||||
1 | kept by the traffic
compliance
administrator attesting to | ||||||
2 | the correctness of all notices produced by the
device while | ||||||
3 | it was under his or her control. In the case of an | ||||||
4 | automated traffic law violation, the ordinance shall
| ||||||
5 | require
a
determination by a technician employed or | ||||||
6 | contracted by the municipality or county that,
based on | ||||||
7 | inspection of recorded images, the motor vehicle was being | ||||||
8 | operated in
violation of Section 11-208.6, 11-208.9, or | ||||||
9 | 11-1201.1 or a local ordinance.
If the technician | ||||||
10 | determines that the
vehicle entered the intersection as | ||||||
11 | part of a funeral procession or in order to
yield the | ||||||
12 | right-of-way to an emergency vehicle, a citation shall not | ||||||
13 | be issued. In municipalities with a population of less than | ||||||
14 | 1,000,000 inhabitants and counties with a population of | ||||||
15 | less than 3,000,000 inhabitants, the automated traffic law | ||||||
16 | ordinance shall require that all determinations by a | ||||||
17 | technician that a motor vehicle was being operated in
| ||||||
18 | violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a | ||||||
19 | local ordinance must be reviewed and approved by a law | ||||||
20 | enforcement officer or retired law enforcement officer of | ||||||
21 | the municipality or county issuing the violation. In | ||||||
22 | municipalities with a population of 1,000,000 or more | ||||||
23 | inhabitants and counties with a population of 3,000,000 or | ||||||
24 | more inhabitants, the automated traffic law ordinance | ||||||
25 | shall require that all determinations by a technician that | ||||||
26 | a motor vehicle was being operated in
violation of Section |
| |||||||
| |||||||
1 | 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must | ||||||
2 | be reviewed and approved by a law enforcement officer or | ||||||
3 | retired law enforcement officer of the municipality or | ||||||
4 | county issuing the violation or by an additional fully | ||||||
5 | trained fully-trained reviewing technician who is not | ||||||
6 | employed by the contractor who employs the technician who | ||||||
7 | made the initial determination. In the case of an automated | ||||||
8 | speed enforcement system violation, the ordinance shall | ||||||
9 | require a determination by a technician employed by the | ||||||
10 | municipality, based upon an inspection of recorded images, | ||||||
11 | video or other documentation, including documentation of | ||||||
12 | the speed limit and automated speed enforcement signage, | ||||||
13 | and documentation of the inspection, calibration, and | ||||||
14 | certification of the speed equipment, that the vehicle was | ||||||
15 | being operated in violation of Article VI of Chapter 11 of | ||||||
16 | this Code or a similar local ordinance. If the technician | ||||||
17 | determines that the vehicle speed was not determined by a | ||||||
18 | calibrated, certified speed equipment device based upon | ||||||
19 | the speed equipment documentation, or if the vehicle was an | ||||||
20 | emergency vehicle, a citation may not be issued. The | ||||||
21 | automated speed enforcement ordinance shall require that | ||||||
22 | all determinations by a technician that a violation | ||||||
23 | occurred be reviewed and approved by a law enforcement | ||||||
24 | officer or retired law enforcement officer of the | ||||||
25 | municipality issuing the violation or by an additional | ||||||
26 | fully trained reviewing technician who is not employed by |
| |||||||
| |||||||
1 | the contractor who employs the technician who made the | ||||||
2 | initial determination. Routine and independent calibration | ||||||
3 | of the speeds produced by automated speed enforcement | ||||||
4 | systems and equipment shall be conducted annually by a | ||||||
5 | qualified technician. Speeds produced by an automated | ||||||
6 | speed enforcement system shall be compared with speeds | ||||||
7 | produced by lidar or other independent equipment. Radar or | ||||||
8 | lidar equipment shall undergo an internal validation test | ||||||
9 | no less frequently than once each week. Qualified | ||||||
10 | technicians shall test loop-based loop based equipment no | ||||||
11 | less frequently than once a year. Radar equipment shall be | ||||||
12 | checked for accuracy by a qualified technician when the | ||||||
13 | unit is serviced, when unusual or suspect readings persist, | ||||||
14 | or when deemed necessary by a reviewing technician. Radar | ||||||
15 | equipment shall be checked with the internal frequency | ||||||
16 | generator and the internal circuit test whenever the radar | ||||||
17 | is turned on. Technicians must be alert for any unusual or | ||||||
18 | suspect readings, and if unusual or suspect readings of a | ||||||
19 | radar unit persist, that unit shall immediately be removed | ||||||
20 | from service and not returned to service until it has been | ||||||
21 | checked by a qualified technician and determined to be | ||||||
22 | functioning properly. Documentation of the annual | ||||||
23 | calibration results, including the equipment tested, test | ||||||
24 | date, technician performing the test, and test results, | ||||||
25 | shall be maintained and available for use in the | ||||||
26 | determination of an automated speed enforcement system |
| |||||||
| |||||||
1 | violation and issuance of a citation. The technician | ||||||
2 | performing the calibration and testing of the automated | ||||||
3 | speed enforcement equipment shall be trained and certified | ||||||
4 | in the use of equipment for speed enforcement purposes. | ||||||
5 | Training on the speed enforcement equipment may be | ||||||
6 | conducted by law enforcement, civilian, or manufacturer's | ||||||
7 | personnel and if applicable may be equivalent to the | ||||||
8 | equipment use and operations training included in the Speed | ||||||
9 | Measuring Device Operator Program developed by the | ||||||
10 | National Highway Traffic Safety Administration (NHTSA). | ||||||
11 | The vendor or technician who performs the work shall keep | ||||||
12 | accurate records on each piece of equipment the technician | ||||||
13 | calibrates and tests. As used in this paragraph, " fully | ||||||
14 | trained fully-trained reviewing technician" means a person | ||||||
15 | who has received at least 40 hours of supervised training | ||||||
16 | in subjects which shall include image inspection and | ||||||
17 | interpretation, the elements necessary to prove a | ||||||
18 | violation, license plate identification, and traffic | ||||||
19 | safety and management. In all municipalities and counties, | ||||||
20 | the automated speed enforcement system or automated | ||||||
21 | traffic law ordinance shall require that no additional fee | ||||||
22 | shall be charged to the alleged violator for exercising his | ||||||
23 | or her right to an administrative hearing, and persons | ||||||
24 | shall be given at least 25 days following an administrative | ||||||
25 | hearing to pay any civil penalty imposed by a finding that | ||||||
26 | Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a |
| |||||||
| |||||||
1 | similar local ordinance has been violated. The original or | ||||||
2 | a
facsimile of the violation notice or, in the case of a | ||||||
3 | notice produced by a
computerized device, a printed record | ||||||
4 | generated by the device showing the facts
entered on the | ||||||
5 | notice, shall be retained by the
traffic compliance
| ||||||
6 | administrator, and shall be a record kept in the ordinary | ||||||
7 | course of
business. A parking, standing, compliance, | ||||||
8 | automated speed enforcement system, or automated traffic | ||||||
9 | law violation notice issued,
signed , and served in
| ||||||
10 | accordance with this Section, a copy of the notice, or the | ||||||
11 | computer-generated computer
generated record shall be | ||||||
12 | prima facie
correct and shall be prima facie evidence of | ||||||
13 | the correctness of the facts
shown on the notice. The | ||||||
14 | notice, copy, or computer-generated computer generated
| ||||||
15 | record shall be admissible in any
subsequent | ||||||
16 | administrative or legal proceedings.
| ||||||
17 | (4) An opportunity for a hearing for the registered | ||||||
18 | owner of the
vehicle cited in the parking, standing, | ||||||
19 | compliance, automated speed enforcement system, or | ||||||
20 | automated traffic law violation notice in
which the owner | ||||||
21 | may
contest the merits of the alleged violation, and during | ||||||
22 | which formal or
technical rules of evidence shall not | ||||||
23 | apply; provided, however, that under
Section 11-1306 of | ||||||
24 | this Code the lessee of a vehicle cited in the
violation | ||||||
25 | notice likewise shall be provided an opportunity for a | ||||||
26 | hearing of
the same kind afforded the registered owner. The |
| |||||||
| |||||||
1 | hearings shall be
recorded, and the person conducting the | ||||||
2 | hearing on behalf of the traffic
compliance
administrator | ||||||
3 | shall be empowered to administer oaths and to secure by
| ||||||
4 | subpoena both the attendance and testimony of witnesses and | ||||||
5 | the production
of relevant books and papers. Persons | ||||||
6 | appearing at a hearing under this
Section may be | ||||||
7 | represented by counsel at their expense. The ordinance may
| ||||||
8 | also provide for internal administrative review following | ||||||
9 | the decision of
the hearing officer.
| ||||||
10 | (5) Service of additional notices, sent by first class | ||||||
11 | United States
mail, postage prepaid, to the address of the | ||||||
12 | registered owner of the cited
vehicle as recorded with the | ||||||
13 | Secretary of State or, if any notice to that address is | ||||||
14 | returned as undeliverable, to the last known address | ||||||
15 | recorded in a United States Post Office approved database,
| ||||||
16 | or, under Section 11-1306
or subsection (p) of Section | ||||||
17 | 11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8 | ||||||
18 | of this Code, to the lessee of the cited vehicle at the | ||||||
19 | last address known
to the lessor of the cited vehicle at | ||||||
20 | the time of lease or, if any notice to that address is | ||||||
21 | returned as undeliverable, to the last known address | ||||||
22 | recorded in a United States Post Office approved database.
| ||||||
23 | The service shall
be deemed complete as of the date of | ||||||
24 | deposit in the United States mail.
The notices shall be in | ||||||
25 | the following sequence and shall include , but not be
| ||||||
26 | limited to , the information specified herein:
|
| |||||||
| |||||||
1 | (i) A second notice of parking, standing, or | ||||||
2 | compliance violation if the first notice of the | ||||||
3 | violation was issued by affixing the original or a | ||||||
4 | facsimile of the notice to the unlawfully parked | ||||||
5 | vehicle or by handing the notice to the operator. This | ||||||
6 | notice shall specify or include the
date and location | ||||||
7 | of the violation cited in the parking,
standing,
or | ||||||
8 | compliance violation
notice, the particular regulation | ||||||
9 | violated, the vehicle
make or a photograph of the | ||||||
10 | vehicle, the state registration number of the vehicle, | ||||||
11 | any requirement to complete a traffic education | ||||||
12 | program, the fine and any penalty that may be
assessed | ||||||
13 | for late payment or failure to complete a traffic | ||||||
14 | education program, or both, when so provided by | ||||||
15 | ordinance, the availability
of a hearing in which the | ||||||
16 | violation may be contested on its merits, and the
time | ||||||
17 | and manner in which the hearing may be had. The notice | ||||||
18 | of violation
shall also state that failure to complete | ||||||
19 | a required traffic education program, to pay the | ||||||
20 | indicated fine and any
applicable penalty, or to appear | ||||||
21 | at a hearing on the merits in the time and
manner | ||||||
22 | specified, will result in a final determination of | ||||||
23 | violation
liability for the cited violation in the | ||||||
24 | amount of the fine or penalty
indicated, and that, upon | ||||||
25 | the occurrence of a final determination of violation | ||||||
26 | liability for the failure, and the exhaustion of, or
|
| |||||||
| |||||||
1 | failure to exhaust, available administrative or | ||||||
2 | judicial procedures for
review, any incomplete traffic | ||||||
3 | education program or any unpaid fine or penalty, or | ||||||
4 | both, will constitute a debt due and owing
the | ||||||
5 | municipality or county.
| ||||||
6 | (ii) A notice of final determination of parking, | ||||||
7 | standing,
compliance, automated speed enforcement | ||||||
8 | system, or automated traffic law violation liability.
| ||||||
9 | This notice shall be sent following a final | ||||||
10 | determination of parking,
standing, compliance, | ||||||
11 | automated speed enforcement system, or automated | ||||||
12 | traffic law
violation liability and the conclusion of | ||||||
13 | judicial review procedures taken
under this Section. | ||||||
14 | The notice shall state that the incomplete traffic | ||||||
15 | education program or the unpaid fine or
penalty, or | ||||||
16 | both, is a debt due and owing the municipality or | ||||||
17 | county. The notice shall contain
warnings that failure | ||||||
18 | to complete any required traffic education program or | ||||||
19 | to pay any fine or penalty due and owing the
| ||||||
20 | municipality or county, or both, within the time | ||||||
21 | specified may result in the municipality's
or county's | ||||||
22 | filing of a petition in the Circuit Court to have the | ||||||
23 | incomplete traffic education program or unpaid
fine or | ||||||
24 | penalty, or both, rendered a judgment as provided by | ||||||
25 | this Section, or, where applicable, may
result in | ||||||
26 | suspension of the person's driver's drivers license |
| |||||||
| |||||||
1 | for failure to complete a traffic education program or | ||||||
2 | to pay
fines or penalties, or both, for 5 or more | ||||||
3 | automated traffic law violations under Section | ||||||
4 | 11-208.6 or 11-208.9 or automated speed enforcement | ||||||
5 | system violations under Section 11-208.8 .
| ||||||
6 | (6) A notice of impending driver's drivers license | ||||||
7 | suspension. This
notice shall be sent to the person liable | ||||||
8 | for failure to complete a required traffic education | ||||||
9 | program or to pay any fine or penalty that
remains due and | ||||||
10 | owing, or both, on 5 or more unpaid automated speed | ||||||
11 | enforcement system or automated traffic law violations . | ||||||
12 | The notice
shall state that failure to complete a required | ||||||
13 | traffic education program or to pay the fine or penalty | ||||||
14 | owing, or both, within 45 days of
the notice's date will | ||||||
15 | result in the municipality or county notifying the | ||||||
16 | Secretary
of State that the person is eligible for | ||||||
17 | initiation of suspension
proceedings under Section 6-306.5 | ||||||
18 | of this Code. The notice shall also state
that the person | ||||||
19 | may obtain a photostatic copy of an original ticket | ||||||
20 | imposing a
fine or penalty by sending a self-addressed self | ||||||
21 | addressed , stamped envelope to the
municipality or county | ||||||
22 | along with a request for the photostatic copy.
The notice | ||||||
23 | of impending driver's
drivers license suspension shall be | ||||||
24 | sent by first class United States mail,
postage prepaid, to | ||||||
25 | the address recorded with the Secretary of State or, if any | ||||||
26 | notice to that address is returned as undeliverable, to the |
| |||||||
| |||||||
1 | last known address recorded in a United States Post Office | ||||||
2 | approved database.
| ||||||
3 | (7) Final determinations of violation liability. A | ||||||
4 | final
determination of violation liability shall occur | ||||||
5 | following failure to complete the required traffic | ||||||
6 | education program or
to pay the fine or penalty, or both, | ||||||
7 | after a hearing officer's determination of violation | ||||||
8 | liability and the exhaustion of or failure to exhaust any
| ||||||
9 | administrative review procedures provided by ordinance. | ||||||
10 | Where a person
fails to appear at a hearing to contest the | ||||||
11 | alleged violation in the time
and manner specified in a | ||||||
12 | prior mailed notice, the hearing officer's
determination | ||||||
13 | of violation liability shall become final: (A) upon
denial | ||||||
14 | of a timely petition to set aside that determination, or | ||||||
15 | (B) upon
expiration of the period for filing the petition | ||||||
16 | without a
filing having been made.
| ||||||
17 | (8) A petition to set aside a determination of parking, | ||||||
18 | standing,
compliance, automated speed enforcement system, | ||||||
19 | or automated traffic law violation
liability that may be | ||||||
20 | filed by a person owing an unpaid fine or penalty. A | ||||||
21 | petition to set aside a determination of liability may also | ||||||
22 | be filed by a person required to complete a traffic | ||||||
23 | education program.
The petition shall be filed with and | ||||||
24 | ruled upon by the traffic compliance
administrator in the | ||||||
25 | manner and within the time specified by ordinance.
The | ||||||
26 | grounds for the petition may be limited to: (A) the person |
| |||||||
| |||||||
1 | not having
been the owner or lessee of the cited vehicle on | ||||||
2 | the date the
violation notice was issued, (B) the person | ||||||
3 | having already completed the required traffic education | ||||||
4 | program or paid the fine or
penalty, or both, for the | ||||||
5 | violation in question, and (C) excusable failure to
appear | ||||||
6 | at or
request a new date for a hearing.
With regard to | ||||||
7 | municipalities or counties with a population of 1 million | ||||||
8 | or more, it
shall be grounds for
dismissal of a
parking | ||||||
9 | violation if the state registration number or vehicle make, | ||||||
10 | only if specified in the violation notice, is
incorrect. | ||||||
11 | After the determination of
parking, standing, compliance, | ||||||
12 | automated speed enforcement system, or automated traffic | ||||||
13 | law violation liability has been set aside
upon a showing | ||||||
14 | of just
cause, the registered owner shall be provided with | ||||||
15 | a hearing on the merits
for that violation.
| ||||||
16 | (9) Procedures for non-residents. Procedures by which | ||||||
17 | persons who are
not residents of the municipality or county | ||||||
18 | may contest the merits of the alleged
violation without | ||||||
19 | attending a hearing.
| ||||||
20 | (10) A schedule of civil fines for violations of | ||||||
21 | vehicular standing,
parking, compliance, automated speed | ||||||
22 | enforcement system, or automated traffic law regulations | ||||||
23 | enacted by ordinance pursuant to this
Section, and a
| ||||||
24 | schedule of penalties for late payment of the fines or | ||||||
25 | failure to complete required traffic education programs, | ||||||
26 | provided, however,
that the total amount of the fine and |
| |||||||
| |||||||
1 | penalty for any one violation shall
not exceed $250, except | ||||||
2 | as provided in subsection (c) of Section 11-1301.3 of this | ||||||
3 | Code.
| ||||||
4 | (11) Other provisions as are necessary and proper to | ||||||
5 | carry into
effect the powers granted and purposes stated in | ||||||
6 | this Section.
| ||||||
7 | (c) Any municipality or county establishing vehicular | ||||||
8 | standing, parking,
compliance, automated speed enforcement | ||||||
9 | system, or automated traffic law
regulations under this Section | ||||||
10 | may also provide by ordinance for a
program of vehicle | ||||||
11 | immobilization for the purpose of facilitating
enforcement of | ||||||
12 | those regulations. The program of vehicle
immobilization shall | ||||||
13 | provide for immobilizing any eligible vehicle upon the
public | ||||||
14 | way by presence of a restraint in a manner to prevent operation | ||||||
15 | of
the vehicle. Any ordinance establishing a program of vehicle
| ||||||
16 | immobilization under this Section shall provide:
| ||||||
17 | (1) Criteria for the designation of vehicles eligible | ||||||
18 | for
immobilization. A vehicle shall be eligible for | ||||||
19 | immobilization when the
registered owner of the vehicle has | ||||||
20 | accumulated the number of incomplete traffic education | ||||||
21 | programs or unpaid final
determinations of parking, | ||||||
22 | standing, compliance, automated speed enforcement system, | ||||||
23 | or automated traffic law violation liability, or both, as
| ||||||
24 | determined by ordinance.
| ||||||
25 | (2) A notice of impending vehicle immobilization and a | ||||||
26 | right to a
hearing to challenge the validity of the notice |
| |||||||
| |||||||
1 | by disproving liability
for the incomplete traffic | ||||||
2 | education programs or unpaid final determinations of | ||||||
3 | parking, standing, compliance, automated speed enforcement | ||||||
4 | system, or automated traffic law
violation liability, or | ||||||
5 | both, listed
on the notice.
| ||||||
6 | (3) The right to a prompt hearing after a vehicle has | ||||||
7 | been immobilized
or subsequently towed without the | ||||||
8 | completion of the required traffic education program or | ||||||
9 | payment of the outstanding fines and
penalties on parking, | ||||||
10 | standing, compliance, automated speed enforcement system, | ||||||
11 | or automated traffic law violations, or both, for which | ||||||
12 | final
determinations have been
issued. An order issued | ||||||
13 | after the hearing is a final administrative
decision within | ||||||
14 | the meaning of Section 3-101 of the Code of Civil | ||||||
15 | Procedure.
| ||||||
16 | (4) A post immobilization and post-towing notice | ||||||
17 | advising the registered
owner of the vehicle of the right | ||||||
18 | to a hearing to challenge the validity
of the impoundment.
| ||||||
19 | (d) Judicial review of final determinations of parking, | ||||||
20 | standing,
compliance, automated speed enforcement system, or | ||||||
21 | automated traffic law
violations and final administrative | ||||||
22 | decisions issued after hearings
regarding vehicle | ||||||
23 | immobilization and impoundment made
under this Section shall be | ||||||
24 | subject to the provisions of
the Administrative Review Law.
| ||||||
25 | (e) Any fine, penalty, incomplete traffic education | ||||||
26 | program, or part of any fine or any penalty remaining
unpaid |
| |||||||
| |||||||
1 | after the exhaustion of, or the failure to exhaust, | ||||||
2 | administrative
remedies created under this Section and the | ||||||
3 | conclusion of any judicial
review procedures shall be a debt | ||||||
4 | due and owing the municipality or county and, as
such, may be | ||||||
5 | collected in accordance with applicable law. Completion of any | ||||||
6 | required traffic education program and payment in full
of any | ||||||
7 | fine or penalty resulting from a standing, parking,
compliance, | ||||||
8 | automated speed enforcement system, or automated traffic law | ||||||
9 | violation shall
constitute a final disposition of that | ||||||
10 | violation.
| ||||||
11 | (f) After the expiration of the period within which | ||||||
12 | judicial review may
be sought for a final determination of | ||||||
13 | parking, standing, compliance, automated speed enforcement | ||||||
14 | system, or automated traffic law
violation, the municipality
or | ||||||
15 | county may commence a proceeding in the Circuit Court for | ||||||
16 | purposes of obtaining a
judgment on the final determination of | ||||||
17 | violation. Nothing in this
Section shall prevent a municipality | ||||||
18 | or county from consolidating multiple final
determinations of | ||||||
19 | parking, standing, compliance, automated speed enforcement | ||||||
20 | system, or automated traffic law violations against a
person in | ||||||
21 | a proceeding.
Upon commencement of the action, the municipality | ||||||
22 | or county shall file a certified
copy or record of the final | ||||||
23 | determination of parking, standing, compliance, automated | ||||||
24 | speed enforcement system, or automated traffic law
violation, | ||||||
25 | which shall be
accompanied by a certification that recites | ||||||
26 | facts sufficient to show that
the final determination of |
| |||||||
| |||||||
1 | violation was
issued in accordance with this Section and the | ||||||
2 | applicable municipal
or county ordinance. Service of the | ||||||
3 | summons and a copy of the petition may be by
any method | ||||||
4 | provided by Section 2-203 of the Code of Civil Procedure or by
| ||||||
5 | certified mail, return receipt requested, provided that the | ||||||
6 | total amount of
fines and penalties for final determinations of | ||||||
7 | parking, standing,
compliance, automated speed enforcement | ||||||
8 | system, or automated traffic law violations does not
exceed | ||||||
9 | $2500. If the court is satisfied that the final determination | ||||||
10 | of
parking, standing, compliance, automated speed enforcement | ||||||
11 | system, or automated traffic law violation was entered in | ||||||
12 | accordance with
the requirements of
this Section and the | ||||||
13 | applicable municipal or county ordinance, and that the | ||||||
14 | registered
owner or the lessee, as the case may be, had an | ||||||
15 | opportunity for an
administrative hearing and for judicial | ||||||
16 | review as provided in this Section,
the court shall render | ||||||
17 | judgment in favor of the municipality or county and against
the | ||||||
18 | registered owner or the lessee for the amount indicated in the | ||||||
19 | final
determination of parking, standing, compliance, | ||||||
20 | automated speed enforcement system, or automated traffic law | ||||||
21 | violation, plus costs.
The judgment shall have
the same effect | ||||||
22 | and may be enforced in the same manner as other judgments
for | ||||||
23 | the recovery of money.
| ||||||
24 | (g) The fee for participating in a traffic education | ||||||
25 | program under this Section shall not exceed $25. | ||||||
26 | A low-income individual required to complete a traffic |
| |||||||
| |||||||
1 | education program under this Section who provides proof of | ||||||
2 | eligibility for the federal earned income tax credit under | ||||||
3 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
4 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
5 | Act shall not be required to pay any fee for participating in a | ||||||
6 | required traffic education program. | ||||||
7 | (Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20; | ||||||
8 | revised 12-21-20.)
| ||||||
9 | (625 ILCS 5/11-208.6)
| ||||||
10 | Sec. 11-208.6. Automated traffic law enforcement system.
| ||||||
11 | (a) As used in this Section, "automated traffic law | ||||||
12 | enforcement
system" means a device with one or more motor | ||||||
13 | vehicle sensors working
in conjunction with a red light signal | ||||||
14 | to produce recorded images of
motor vehicles entering an | ||||||
15 | intersection against a red signal
indication in violation of | ||||||
16 | Section 11-306 of this Code or a similar provision
of a local | ||||||
17 | ordinance.
| ||||||
18 | An
automated traffic law enforcement system is a system, in | ||||||
19 | a municipality or
county operated by a
governmental agency, | ||||||
20 | that
produces a recorded image of a motor vehicle's
violation | ||||||
21 | of a provision of this Code or a local ordinance
and is | ||||||
22 | designed to obtain a clear recorded image of the
vehicle and | ||||||
23 | the vehicle's license plate. The recorded image must also
| ||||||
24 | display the time, date, and location of the violation.
| ||||||
25 | (b) As used in this Section, "recorded images" means images
|
| |||||||
| |||||||
1 | recorded by an automated traffic law enforcement system on:
| ||||||
2 | (1) 2 or more photographs;
| ||||||
3 | (2) 2 or more microphotographs;
| ||||||
4 | (3) 2 or more electronic images; or
| ||||||
5 | (4) a video recording showing the motor vehicle and, on | ||||||
6 | at
least one image or portion of the recording, clearly | ||||||
7 | identifying the
registration plate or digital registration | ||||||
8 | plate number of the motor vehicle.
| ||||||
9 | (b-5) A municipality or
county that
produces a recorded | ||||||
10 | image of a motor vehicle's
violation of a provision of this | ||||||
11 | Code or a local ordinance must make the recorded images of a | ||||||
12 | violation accessible to the alleged violator by providing the | ||||||
13 | alleged violator with a website address, accessible through the | ||||||
14 | Internet. | ||||||
15 | (c) Except as provided under Section 11-208.8 of this Code, | ||||||
16 | a county or municipality, including a home rule county or | ||||||
17 | municipality, may not use an automated traffic law enforcement | ||||||
18 | system to provide recorded images of a motor vehicle for the | ||||||
19 | purpose of recording its speed. Except as provided under | ||||||
20 | Section 11-208.8 of this Code, the regulation of the use of | ||||||
21 | automated traffic law enforcement systems to record vehicle | ||||||
22 | speeds is an exclusive power and function of the State. This | ||||||
23 | subsection (c) is a denial and limitation of home rule powers | ||||||
24 | and functions under subsection (h) of Section 6 of Article VII | ||||||
25 | of the Illinois Constitution.
| ||||||
26 | (c-5) A county or municipality, including a home rule |
| |||||||
| |||||||
1 | county or municipality, may not use an automated traffic law | ||||||
2 | enforcement system to issue violations in instances where the | ||||||
3 | motor vehicle comes to a complete stop and does not enter the | ||||||
4 | intersection, as defined by Section 1-132 of this Code, during | ||||||
5 | the cycle of the red signal indication unless one or more | ||||||
6 | pedestrians or bicyclists are present, even if the motor | ||||||
7 | vehicle stops at a point past a stop line or crosswalk where a | ||||||
8 | driver is required to stop, as specified in subsection (c) of | ||||||
9 | Section 11-306 of this Code or a similar provision of a local | ||||||
10 | ordinance. | ||||||
11 | (c-6) A county, or a municipality with less than 2,000,000 | ||||||
12 | inhabitants, including a home rule county or municipality, may | ||||||
13 | not use an automated traffic law enforcement system to issue | ||||||
14 | violations in instances where a motorcyclist enters an | ||||||
15 | intersection against a red signal
indication when the red | ||||||
16 | signal fails to change to a green signal within a reasonable | ||||||
17 | period of time not less than 120 seconds because of a signal | ||||||
18 | malfunction or because the signal has failed to detect the | ||||||
19 | arrival of the motorcycle due to the motorcycle's size or | ||||||
20 | weight. | ||||||
21 | (d) For each violation of a provision of this Code or a | ||||||
22 | local ordinance
recorded by an automatic
traffic law | ||||||
23 | enforcement system, the county or municipality having
| ||||||
24 | jurisdiction shall issue a written notice of the
violation to | ||||||
25 | the registered owner of the vehicle as the alleged
violator. | ||||||
26 | The notice shall be delivered to the registered
owner of the |
| |||||||
| |||||||
1 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
2 | notifies the municipality or county of the identity of the | ||||||
3 | owner of the vehicle, but in no event later than 90 days after | ||||||
4 | the violation.
| ||||||
5 | The notice shall include:
| ||||||
6 | (1) the name and address of the registered owner of the
| ||||||
7 | vehicle;
| ||||||
8 | (2) the registration number of the motor vehicle
| ||||||
9 | involved in the violation;
| ||||||
10 | (3) the violation charged;
| ||||||
11 | (4) the location where the violation occurred;
| ||||||
12 | (5) the date and time of the violation;
| ||||||
13 | (6) a copy of the recorded images;
| ||||||
14 | (7) the amount of the civil penalty imposed and the | ||||||
15 | requirements of any traffic education program imposed and | ||||||
16 | the date
by which the civil penalty should be paid and the | ||||||
17 | traffic education program should be completed;
| ||||||
18 | (8) a statement that recorded images are evidence of a
| ||||||
19 | violation of a red light signal;
| ||||||
20 | (9) a warning that failure to pay the civil penalty, to | ||||||
21 | complete a required traffic education program, or to
| ||||||
22 | contest liability in a timely manner is an admission of
| ||||||
23 | liability and may result in a suspension of the driving
| ||||||
24 | privileges of the registered owner of the vehicle ;
| ||||||
25 | (10) a statement that the person may elect to proceed | ||||||
26 | by:
|
| |||||||
| |||||||
1 | (A) paying the fine, completing a required traffic | ||||||
2 | education program, or both; or
| ||||||
3 | (B) challenging the charge in court, by mail, or by | ||||||
4 | administrative hearing; and
| ||||||
5 | (11) a website address, accessible through the | ||||||
6 | Internet, where the person may view the recorded images of | ||||||
7 | the violation. | ||||||
8 | (e) (Blank). If a person
charged with a traffic violation, | ||||||
9 | as a result of an automated traffic law
enforcement system, | ||||||
10 | does not pay the fine or complete a required traffic education | ||||||
11 | program, or both, or successfully contest the civil
penalty | ||||||
12 | resulting from that violation, the Secretary of State shall | ||||||
13 | suspend the
driving privileges of the
registered owner of the | ||||||
14 | vehicle under Section 6-306.5 of this Code for failing
to | ||||||
15 | complete a required traffic education program or to pay any | ||||||
16 | fine or penalty
due and owing, or both, as a result of a | ||||||
17 | combination of 5 violations of the automated traffic law
| ||||||
18 | enforcement system or the automated speed enforcement system | ||||||
19 | under Section 11-208.8 of this Code.
| ||||||
20 | (f) Based on inspection of recorded images produced by an
| ||||||
21 | automated traffic law enforcement system, a notice alleging | ||||||
22 | that the violation occurred shall be evidence of the facts | ||||||
23 | contained
in the notice and admissible in any proceeding | ||||||
24 | alleging a
violation under this Section.
| ||||||
25 | (g) Recorded images made by an automatic traffic law
| ||||||
26 | enforcement system are confidential and shall be made
available |
| |||||||
| |||||||
1 | only to the alleged violator and governmental and
law | ||||||
2 | enforcement agencies for purposes of adjudicating a
violation | ||||||
3 | of this Section, for statistical purposes, or for other | ||||||
4 | governmental purposes. Any recorded image evidencing a
| ||||||
5 | violation of this Section, however, may be admissible in
any | ||||||
6 | proceeding resulting from the issuance of the citation.
| ||||||
7 | (h) The court or hearing officer may consider in defense of | ||||||
8 | a violation:
| ||||||
9 | (1) that the motor vehicle or registration plates or | ||||||
10 | digital registration plates of the motor
vehicle were | ||||||
11 | stolen before the violation occurred and not
under the | ||||||
12 | control of or in the possession of the owner at
the time of | ||||||
13 | the violation;
| ||||||
14 | (2) that the driver of the vehicle passed through the
| ||||||
15 | intersection when the light was red either (i) in order to
| ||||||
16 | yield the right-of-way to an emergency vehicle or (ii) as
| ||||||
17 | part of a funeral procession; and
| ||||||
18 | (3) any other evidence or issues provided by municipal | ||||||
19 | or county ordinance.
| ||||||
20 | (i) To demonstrate that the motor vehicle or the | ||||||
21 | registration
plates or digital registration plates were stolen | ||||||
22 | before the violation occurred and were not under the
control or | ||||||
23 | possession of the owner at the time of the violation, the
owner | ||||||
24 | must submit proof that a report concerning the stolen
motor | ||||||
25 | vehicle or registration plates was filed with a law enforcement | ||||||
26 | agency in a timely manner.
|
| |||||||
| |||||||
1 | (j) Unless the driver of the motor vehicle received a | ||||||
2 | Uniform
Traffic Citation from a police officer at the time of | ||||||
3 | the violation,
the motor vehicle owner is subject to a civil | ||||||
4 | penalty not exceeding
$100 or the completion of a traffic | ||||||
5 | education program, or both, plus an additional penalty of not | ||||||
6 | more than $100 for failure to pay the original penalty or to | ||||||
7 | complete a required traffic education program, or both, in a | ||||||
8 | timely manner, if the motor vehicle is recorded by an automated | ||||||
9 | traffic law
enforcement system. A violation for which a civil | ||||||
10 | penalty is imposed
under this Section is not a violation of a | ||||||
11 | traffic regulation governing
the movement of vehicles and may | ||||||
12 | not be recorded on the driving record
of the owner of the | ||||||
13 | vehicle.
| ||||||
14 | (j-3) A registered owner who is a holder of a valid | ||||||
15 | commercial driver's license is not required to complete a | ||||||
16 | traffic education program. | ||||||
17 | (j-5) For purposes of the required traffic education | ||||||
18 | program only, a registered owner may submit an affidavit to the | ||||||
19 | court or hearing officer swearing that at the time of the | ||||||
20 | alleged violation, the vehicle was in the custody and control | ||||||
21 | of another person. The affidavit must identify the person in | ||||||
22 | custody and control of the vehicle, including the person's name | ||||||
23 | and current address. The person in custody and control of the | ||||||
24 | vehicle at the time of the violation is required to complete | ||||||
25 | the required traffic education program. If the person in | ||||||
26 | custody and control of the vehicle at the time of the violation |
| |||||||
| |||||||
1 | completes the required traffic education program, the | ||||||
2 | registered owner of the vehicle is not required to complete a | ||||||
3 | traffic education program. | ||||||
4 | (k) An intersection equipped with an automated traffic law
| ||||||
5 | enforcement system must be posted with a sign visible to | ||||||
6 | approaching traffic
indicating that the intersection is being | ||||||
7 | monitored by an automated
traffic law enforcement system. | ||||||
8 | (k-3) A municipality or
county that has one or more | ||||||
9 | intersections equipped with an automated traffic law
| ||||||
10 | enforcement system must provide notice to drivers by posting | ||||||
11 | the locations of automated traffic law systems on the | ||||||
12 | municipality or county website.
| ||||||
13 | (k-5) An intersection equipped with an automated traffic | ||||||
14 | law
enforcement system must have a yellow change interval that | ||||||
15 | conforms with the Illinois Manual on Uniform Traffic Control | ||||||
16 | Devices (IMUTCD) published by the Illinois Department of | ||||||
17 | Transportation. | ||||||
18 | (k-7) A municipality or county operating an automated | ||||||
19 | traffic law enforcement system shall conduct a statistical | ||||||
20 | analysis to assess the safety impact of each automated traffic | ||||||
21 | law enforcement system at an intersection following | ||||||
22 | installation of the system. The statistical analysis shall be | ||||||
23 | based upon the best available crash, traffic, and other data, | ||||||
24 | and shall cover a period of time before and after installation | ||||||
25 | of the system sufficient to provide a statistically valid | ||||||
26 | comparison of safety impact. The statistical analysis shall be |
| |||||||
| |||||||
1 | consistent with professional judgment and acceptable industry | ||||||
2 | practice. The statistical analysis also shall be consistent | ||||||
3 | with the data required for valid comparisons of before and | ||||||
4 | after conditions and shall be conducted within a reasonable | ||||||
5 | period following the installation of the automated traffic law | ||||||
6 | enforcement system. The statistical analysis required by this | ||||||
7 | subsection (k-7) shall be made available to the public and | ||||||
8 | shall be published on the website of the municipality or | ||||||
9 | county. If the statistical analysis for the 36 month period | ||||||
10 | following installation of the system indicates that there has | ||||||
11 | been an increase in the rate of accidents at the approach to | ||||||
12 | the intersection monitored by the system, the municipality or | ||||||
13 | county shall undertake additional studies to determine the | ||||||
14 | cause and severity of the accidents, and may take any action | ||||||
15 | that it determines is necessary or appropriate to reduce the | ||||||
16 | number or severity of the accidents at that intersection. | ||||||
17 | (l) The compensation paid for an automated traffic law | ||||||
18 | enforcement system
must be based on the value of the equipment | ||||||
19 | or the services provided and may
not be based on the number of | ||||||
20 | traffic citations issued or the revenue generated
by the | ||||||
21 | system.
| ||||||
22 | (m) This Section applies only to the counties of Cook, | ||||||
23 | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | ||||||
24 | to municipalities located within those counties.
| ||||||
25 | (n) The fee for participating in a traffic education | ||||||
26 | program under this Section shall not exceed $25. |
| |||||||
| |||||||
1 | A low-income individual required to complete a traffic | ||||||
2 | education program under this Section who provides proof of | ||||||
3 | eligibility for the federal earned income tax credit under | ||||||
4 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
5 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
6 | Act shall not be required to pay any fee for participating in a | ||||||
7 | required traffic education program. | ||||||
8 | (o) (Blank). A municipality or county shall make a | ||||||
9 | certified report to the Secretary of State pursuant to Section | ||||||
10 | 6-306.5 of this Code whenever a registered owner of a vehicle | ||||||
11 | has failed to pay any
fine or penalty due and owing as a result | ||||||
12 | of a combination of 5 offenses for automated traffic
law or | ||||||
13 | speed enforcement system violations. | ||||||
14 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
15 | to a written lease agreement shall be liable for an automated | ||||||
16 | speed or traffic law enforcement system violation involving | ||||||
17 | such motor vehicle during the period of the lease; provided | ||||||
18 | that upon the request of the appropriate authority received | ||||||
19 | within 120 days after the violation occurred, the lessor | ||||||
20 | provides within 60 days after such receipt the name and address | ||||||
21 | of the lessee. The drivers license number of a lessee may be | ||||||
22 | subsequently individually requested by the appropriate | ||||||
23 | authority if needed for enforcement of this Section. | ||||||
24 | Upon the provision of information by the lessor pursuant to | ||||||
25 | this subsection, the county or municipality may issue the | ||||||
26 | violation to the lessee of the vehicle in the same manner as it |
| |||||||
| |||||||
1 | would issue a violation to a registered owner of a vehicle | ||||||
2 | pursuant to this Section, and the lessee may be held liable for | ||||||
3 | the violation. | ||||||
4 | (Source: P.A. 101-395, eff. 8-16-19.)
| ||||||
5 | (625 ILCS 5/11-208.8) | ||||||
6 | Sec. 11-208.8. Automated speed enforcement systems in | ||||||
7 | safety zones. | ||||||
8 | (a) As used in this Section: | ||||||
9 | "Automated speed enforcement
system" means a photographic | ||||||
10 | device, radar device, laser device, or other electrical or | ||||||
11 | mechanical device or devices installed or utilized in a safety | ||||||
12 | zone and designed to record the speed of a vehicle and obtain a | ||||||
13 | clear photograph or other recorded image of the vehicle and the | ||||||
14 | vehicle's registration plate or digital registration plate | ||||||
15 | while the driver is violating Article VI of Chapter 11 of this | ||||||
16 | Code or a similar provision of a local ordinance. | ||||||
17 | An automated speed enforcement system is a system, located | ||||||
18 | in a safety zone which is under the jurisdiction of a | ||||||
19 | municipality, that produces a recorded image of a motor | ||||||
20 | vehicle's violation of a provision of this Code or a local | ||||||
21 | ordinance and is designed to obtain a clear recorded image of | ||||||
22 | the vehicle and the vehicle's license plate. The recorded image | ||||||
23 | must also display the time, date, and location of the | ||||||
24 | violation. | ||||||
25 | "Owner" means the person or entity to whom the vehicle is |
| |||||||
| |||||||
1 | registered. | ||||||
2 | "Recorded image" means images
recorded by an automated | ||||||
3 | speed enforcement system on: | ||||||
4 | (1) 2 or more photographs; | ||||||
5 | (2) 2 or more microphotographs; | ||||||
6 | (3) 2 or more electronic images; or | ||||||
7 | (4) a video recording showing the motor vehicle and, on | ||||||
8 | at
least one image or portion of the recording, clearly | ||||||
9 | identifying the
registration plate or digital registration | ||||||
10 | plate number of the motor vehicle. | ||||||
11 | "Safety zone" means an area that is within one-eighth of a | ||||||
12 | mile from the nearest property line of any public or private | ||||||
13 | elementary or secondary school, or from the nearest property | ||||||
14 | line of any facility, area, or land owned by a school district | ||||||
15 | that is used for educational purposes approved by the Illinois | ||||||
16 | State Board of Education, not including school district | ||||||
17 | headquarters or administrative buildings. A safety zone also | ||||||
18 | includes an area that is within one-eighth of a mile from the | ||||||
19 | nearest property line of any facility, area, or land owned by a | ||||||
20 | park district used for recreational purposes. However, if any | ||||||
21 | portion of a roadway is within either one-eighth mile radius, | ||||||
22 | the safety zone also shall include the roadway extended to the | ||||||
23 | furthest portion of the next furthest intersection. The term | ||||||
24 | "safety zone" does not include any portion of the roadway known | ||||||
25 | as Lake Shore Drive or any controlled access highway with 8 or | ||||||
26 | more lanes of traffic. |
| |||||||
| |||||||
1 | (a-5) The automated speed enforcement system shall be | ||||||
2 | operational and violations shall be recorded only at the | ||||||
3 | following times: | ||||||
4 | (i) if the safety zone is based upon the property line | ||||||
5 | of any facility, area, or land owned by a school district, | ||||||
6 | only on school days and no earlier than 6 a.m. and no later | ||||||
7 | than 8:30 p.m. if the school day is during the period of | ||||||
8 | Monday through Thursday, or 9 p.m. if the school day is a | ||||||
9 | Friday; and | ||||||
10 | (ii) if the safety zone is based upon the property line | ||||||
11 | of any facility, area, or land owned by a park district, no | ||||||
12 | earlier than one hour prior to the time that the facility, | ||||||
13 | area, or land is open to the public or other patrons, and | ||||||
14 | no later than one hour after the facility, area, or land is | ||||||
15 | closed to the public or other patrons. | ||||||
16 | (b) A municipality that
produces a recorded image of a | ||||||
17 | motor vehicle's
violation of a provision of this Code or a | ||||||
18 | local ordinance must make the recorded images of a violation | ||||||
19 | accessible to the alleged violator by providing the alleged | ||||||
20 | violator with a website address, accessible through the | ||||||
21 | Internet. | ||||||
22 | (c) Notwithstanding any penalties for any other violations | ||||||
23 | of this Code, the owner of a motor vehicle used in a traffic | ||||||
24 | violation recorded by an automated speed enforcement system | ||||||
25 | shall be subject to the following penalties: | ||||||
26 | (1) if the recorded speed is no less than 6 miles per |
| |||||||
| |||||||
1 | hour and no more than 10 miles per hour over the legal | ||||||
2 | speed limit, a civil penalty not exceeding $50, plus an | ||||||
3 | additional penalty of not more than $50 for failure to pay | ||||||
4 | the original penalty in a timely manner; or | ||||||
5 | (2) if the recorded speed is more than 10 miles per | ||||||
6 | hour over the legal speed limit, a civil penalty not | ||||||
7 | exceeding $100, plus an additional penalty of not more than | ||||||
8 | $100 for failure to pay the original penalty in a timely | ||||||
9 | manner. | ||||||
10 | A penalty may not be imposed under this Section if the | ||||||
11 | driver of the motor vehicle received a Uniform Traffic Citation | ||||||
12 | from a police officer for a speeding violation occurring within | ||||||
13 | one-eighth of a mile and 15 minutes of the violation that was | ||||||
14 | recorded by the system. A violation for which a civil penalty | ||||||
15 | is imposed
under this Section is not a violation of a traffic | ||||||
16 | regulation governing
the movement of vehicles and may not be | ||||||
17 | recorded on the driving record
of the owner of the vehicle. A | ||||||
18 | law enforcement officer is not required to be present or to | ||||||
19 | witness the violation. No penalty may be imposed under this | ||||||
20 | Section if the recorded speed of a vehicle is 5 miles per hour | ||||||
21 | or less over the legal speed limit. The municipality may send, | ||||||
22 | in the same manner that notices are sent under this Section, a | ||||||
23 | speed violation warning notice where the violation involves a | ||||||
24 | speed of 5 miles per hour or less above the legal speed limit. | ||||||
25 | (d) The net proceeds that a municipality receives from | ||||||
26 | civil penalties imposed under an automated speed enforcement |
| |||||||
| |||||||
1 | system, after deducting all non-personnel and personnel costs | ||||||
2 | associated with the operation and maintenance of such system, | ||||||
3 | shall be expended or obligated by the municipality for the | ||||||
4 | following purposes: | ||||||
5 | (i) public safety initiatives to ensure safe passage | ||||||
6 | around schools, and to provide police protection and | ||||||
7 | surveillance around schools and parks, including but not | ||||||
8 | limited to:
(1) personnel costs; and
(2) non-personnel | ||||||
9 | costs such as construction and maintenance of public safety | ||||||
10 | infrastructure and equipment; | ||||||
11 | (ii) initiatives to improve pedestrian and traffic | ||||||
12 | safety; | ||||||
13 | (iii) construction and maintenance of infrastructure | ||||||
14 | within the municipality, including but not limited to roads | ||||||
15 | and bridges; and | ||||||
16 | (iv) after school programs. | ||||||
17 | (e) For each violation of a provision of this Code or a | ||||||
18 | local ordinance
recorded by an automated speed enforcement | ||||||
19 | system, the municipality having
jurisdiction shall issue a | ||||||
20 | written notice of the
violation to the registered owner of the | ||||||
21 | vehicle as the alleged
violator. The notice shall be delivered | ||||||
22 | to the registered
owner of the vehicle, by mail, within 30 days | ||||||
23 | after the Secretary of State notifies the municipality of the | ||||||
24 | identity of the owner of the vehicle, but in no event later | ||||||
25 | than 90 days after the violation. | ||||||
26 | (f) The notice required under subsection (e) of this |
| |||||||
| |||||||
1 | Section shall include: | ||||||
2 | (1) the name and address of the registered owner of the
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3 | vehicle; | ||||||
4 | (2) the registration number of the motor vehicle
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5 | involved in the violation; | ||||||
6 | (3) the violation charged; | ||||||
7 | (4) the date, time, and location where the violation | ||||||
8 | occurred; | ||||||
9 | (5) a copy of the recorded image or images; | ||||||
10 | (6) the amount of the civil penalty imposed and the | ||||||
11 | date
by which the civil penalty should be paid; | ||||||
12 | (7) a statement that recorded images are evidence of a
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13 | violation of a speed restriction; | ||||||
14 | (8) a warning that failure to pay the civil penalty or | ||||||
15 | to
contest liability in a timely manner is an admission of
| ||||||
16 | liability and may result in a suspension of the driving
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17 | privileges of the registered owner of the vehicle ; | ||||||
18 | (9) a statement that the person may elect to proceed | ||||||
19 | by: | ||||||
20 | (A) paying the fine; or | ||||||
21 | (B) challenging the charge in court, by mail, or by | ||||||
22 | administrative hearing; and | ||||||
23 | (10) a website address, accessible through the
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24 | Internet, where the person may view the recorded images of | ||||||
25 | the violation. | ||||||
26 | (g) (Blank). If a person
charged with a traffic violation, |
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1 | as a result of an automated speed enforcement system, does not | ||||||
2 | pay the fine or successfully contest the civil
penalty | ||||||
3 | resulting from that violation, the Secretary of State shall | ||||||
4 | suspend the
driving privileges of the
registered owner of the | ||||||
5 | vehicle under Section 6-306.5 of this Code for failing
to pay | ||||||
6 | any fine or penalty
due and owing, or both, as a result of a | ||||||
7 | combination of 5 violations of the automated speed enforcement | ||||||
8 | system or the automated traffic law under Section 11-208.6 of | ||||||
9 | this Code. | ||||||
10 | (h) Based on inspection of recorded images produced by an
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11 | automated speed enforcement system, a notice alleging that the | ||||||
12 | violation occurred shall be evidence of the facts contained
in | ||||||
13 | the notice and admissible in any proceeding alleging a
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14 | violation under this Section. | ||||||
15 | (i) Recorded images made by an automated speed
enforcement | ||||||
16 | system are confidential and shall be made
available only to the | ||||||
17 | alleged violator and governmental and
law enforcement agencies | ||||||
18 | for purposes of adjudicating a
violation of this Section, for | ||||||
19 | statistical purposes, or for other governmental purposes. Any | ||||||
20 | recorded image evidencing a
violation of this Section, however, | ||||||
21 | may be admissible in
any proceeding resulting from the issuance | ||||||
22 | of the citation. | ||||||
23 | (j) The court or hearing officer may consider in defense of | ||||||
24 | a violation: | ||||||
25 | (1) that the motor vehicle or registration plates or | ||||||
26 | digital registration plates of the motor
vehicle were |
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1 | stolen before the violation occurred and not
under the | ||||||
2 | control or in the possession of the owner at
the time of | ||||||
3 | the violation; | ||||||
4 | (2) that the driver of the motor vehicle received a | ||||||
5 | Uniform Traffic Citation from a police officer for a | ||||||
6 | speeding violation occurring within one-eighth of a mile | ||||||
7 | and 15 minutes of the violation that was recorded by the | ||||||
8 | system; and | ||||||
9 | (3) any other evidence or issues provided by municipal | ||||||
10 | ordinance. | ||||||
11 | (k) To demonstrate that the motor vehicle or the | ||||||
12 | registration
plates or digital registration plates were stolen | ||||||
13 | before the violation occurred and were not under the
control or | ||||||
14 | possession of the owner at the time of the violation, the
owner | ||||||
15 | must submit proof that a report concerning the stolen
motor | ||||||
16 | vehicle or registration plates was filed with a law enforcement | ||||||
17 | agency in a timely manner. | ||||||
18 | (l) A roadway equipped with an automated speed enforcement | ||||||
19 | system shall be posted with a sign conforming to the national | ||||||
20 | Manual on Uniform Traffic Control Devices that is visible to | ||||||
21 | approaching traffic stating that vehicle speeds are being | ||||||
22 | photo-enforced and indicating the speed limit. The | ||||||
23 | municipality shall install such additional signage as it | ||||||
24 | determines is necessary to give reasonable notice to drivers as | ||||||
25 | to where automated speed enforcement systems are installed. | ||||||
26 | (m) A roadway where a new automated speed enforcement |
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1 | system is installed shall be posted with signs providing 30 | ||||||
2 | days notice of the use of a new automated speed enforcement | ||||||
3 | system prior to the issuance of any citations through the | ||||||
4 | automated speed enforcement system. | ||||||
5 | (n) The compensation paid for an automated speed | ||||||
6 | enforcement system
must be based on the value of the equipment | ||||||
7 | or the services provided and may
not be based on the number of | ||||||
8 | traffic citations issued or the revenue generated
by the | ||||||
9 | system. | ||||||
10 | (o) (Blank). A municipality shall make a certified report | ||||||
11 | to the Secretary of State pursuant to Section 6-306.5 of this | ||||||
12 | Code whenever a registered owner of a vehicle has failed to pay | ||||||
13 | any
fine or penalty due and owing as a result of a combination | ||||||
14 | of 5 offenses for automated speed or traffic law enforcement | ||||||
15 | system violations. | ||||||
16 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
17 | to a written lease agreement shall be liable for an automated | ||||||
18 | speed or traffic law enforcement system violation involving | ||||||
19 | such motor vehicle during the period of the lease; provided | ||||||
20 | that upon the request of the appropriate authority received | ||||||
21 | within 120 days after the violation occurred, the lessor | ||||||
22 | provides within 60 days after such receipt the name and address | ||||||
23 | of the lessee. The drivers license number of a lessee may be | ||||||
24 | subsequently individually requested by the appropriate | ||||||
25 | authority if needed for enforcement of this Section. | ||||||
26 | Upon the provision of information by the lessor pursuant to |
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1 | this subsection, the municipality may issue the violation to | ||||||
2 | the lessee of the vehicle in the same manner as it would issue | ||||||
3 | a violation to a registered owner of a vehicle pursuant to this | ||||||
4 | Section, and the lessee may be held liable for the violation. | ||||||
5 | (q) A municipality using an automated speed enforcement | ||||||
6 | system must provide notice to drivers by publishing the | ||||||
7 | locations of all safety zones where system equipment is | ||||||
8 | installed on the website of the municipality. | ||||||
9 | (r) A municipality operating an automated speed | ||||||
10 | enforcement system shall conduct a statistical analysis to | ||||||
11 | assess the safety impact of the system. The statistical | ||||||
12 | analysis shall be based upon the best available crash, traffic, | ||||||
13 | and other data, and shall cover a period of time before and | ||||||
14 | after installation of the system sufficient to provide a | ||||||
15 | statistically valid comparison of safety impact. The | ||||||
16 | statistical analysis shall be consistent with professional | ||||||
17 | judgment and acceptable industry practice. The statistical | ||||||
18 | analysis also shall be consistent with the data required for | ||||||
19 | valid comparisons of before and after conditions and shall be | ||||||
20 | conducted within a reasonable period following the | ||||||
21 | installation of the automated traffic law enforcement system. | ||||||
22 | The statistical analysis required by this subsection shall be | ||||||
23 | made available to the public and shall be published on the | ||||||
24 | website of the municipality. | ||||||
25 | (s) This Section applies only to municipalities with a | ||||||
26 | population of 1,000,000 or more inhabitants.
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1 | (Source: P.A. 101-395, eff. 8-16-19.)
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2 | (625 ILCS 5/11-208.9) | ||||||
3 | Sec. 11-208.9. Automated traffic law enforcement system; | ||||||
4 | approaching, overtaking, and passing a school bus. | ||||||
5 | (a) As used in this Section, "automated traffic law | ||||||
6 | enforcement
system" means a device with one or more motor | ||||||
7 | vehicle sensors working
in conjunction with the visual signals | ||||||
8 | on a school bus, as specified in Sections 12-803 and 12-805 of | ||||||
9 | this Code, to produce recorded images of
motor vehicles that | ||||||
10 | fail to stop before meeting or overtaking, from either | ||||||
11 | direction, any school bus stopped at any location for the | ||||||
12 | purpose of receiving or discharging pupils in violation of | ||||||
13 | Section 11-1414 of this Code or a similar provision
of a local | ||||||
14 | ordinance. | ||||||
15 | An
automated traffic law enforcement system is a system, in | ||||||
16 | a municipality or
county operated by a
governmental agency, | ||||||
17 | that
produces a recorded image of a motor vehicle's
violation | ||||||
18 | of a provision of this Code or a local ordinance
and is | ||||||
19 | designed to obtain a clear recorded image of the
vehicle and | ||||||
20 | the vehicle's license plate. The recorded image must also
| ||||||
21 | display the time, date, and location of the violation. | ||||||
22 | (b) As used in this Section, "recorded images" means images
| ||||||
23 | recorded by an automated traffic law enforcement system on: | ||||||
24 | (1) 2 or more photographs; | ||||||
25 | (2) 2 or more microphotographs; |
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1 | (3) 2 or more electronic images; or | ||||||
2 | (4) a video recording showing the motor vehicle and, on | ||||||
3 | at
least one image or portion of the recording, clearly | ||||||
4 | identifying the
registration plate or digital registration | ||||||
5 | plate number of the motor vehicle. | ||||||
6 | (c) A municipality or
county that
produces a recorded image | ||||||
7 | of a motor vehicle's
violation of a provision of this Code or a | ||||||
8 | local ordinance must make the recorded images of a violation | ||||||
9 | accessible to the alleged violator by providing the alleged | ||||||
10 | violator with a website address, accessible through the | ||||||
11 | Internet. | ||||||
12 | (d) For each violation of a provision of this Code or a | ||||||
13 | local ordinance
recorded by an automated
traffic law | ||||||
14 | enforcement system, the county or municipality having
| ||||||
15 | jurisdiction shall issue a written notice of the
violation to | ||||||
16 | the registered owner of the vehicle as the alleged
violator. | ||||||
17 | The notice shall be delivered to the registered
owner of the | ||||||
18 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
19 | notifies the municipality or county of the identity of the | ||||||
20 | owner of the vehicle, but in no event later than 90 days after | ||||||
21 | the violation. | ||||||
22 | (e) The notice required under subsection (d) shall include: | ||||||
23 | (1) the name and address of the registered owner of the
| ||||||
24 | vehicle; | ||||||
25 | (2) the registration number of the motor vehicle
| ||||||
26 | involved in the violation; |
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| |||||||
1 | (3) the violation charged; | ||||||
2 | (4) the location where the violation occurred; | ||||||
3 | (5) the date and time of the violation; | ||||||
4 | (6) a copy of the recorded images; | ||||||
5 | (7) the amount of the civil penalty imposed and the | ||||||
6 | date
by which the civil penalty should be paid; | ||||||
7 | (8) a statement that recorded images are evidence of a
| ||||||
8 | violation of overtaking or passing a school bus stopped for | ||||||
9 | the purpose of receiving or discharging pupils; | ||||||
10 | (9) a warning that failure to pay the civil penalty or | ||||||
11 | to
contest liability in a timely manner is an admission of
| ||||||
12 | liability and may result in a suspension of the driving
| ||||||
13 | privileges of the registered owner of the vehicle ; | ||||||
14 | (10) a statement that the person may elect to proceed | ||||||
15 | by: | ||||||
16 | (A) paying the fine; or | ||||||
17 | (B) challenging the charge in court, by mail, or by | ||||||
18 | administrative hearing; and | ||||||
19 | (11) a website address, accessible through the | ||||||
20 | Internet, where the person may view the recorded images of | ||||||
21 | the violation. | ||||||
22 | (f) (Blank). If a person
charged with a traffic violation, | ||||||
23 | as a result of an automated traffic law
enforcement system | ||||||
24 | under |