Bill Text: IL HB4498 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends various Acts to reinstate monetary bail that was abolished, effective January 1, 2023, by Public Act 101-652. Effective immediately.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2022-09-29 - Added Co-Sponsor Rep. Martin McLaughlin [HB4498 Detail]

Download: Illinois-2021-HB4498-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4498

Introduced , by Rep. Patrick Windhorst

SYNOPSIS AS INTRODUCED:
See Index

Amends various Acts to reinstate monetary bail that was abolished, effective January 1, 2023, by Public Act 101-652. Effective immediately.
LRB102 22839 RLC 31990 b

A BILL FOR

HB4498LRB102 22839 RLC 31990 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5changing Section 2.15 as follows:
6 (5 ILCS 140/2.15)
7 Sec. 2.15. Arrest reports and criminal history records.
8 (a) Arrest reports. The following chronologically
9maintained arrest and criminal history information maintained
10by State or local criminal justice agencies shall be furnished
11as soon as practical, but in no event later than 72 hours after
12the arrest, notwithstanding the time limits otherwise provided
13for in Section 3 of this Act: (i) information that identifies
14the individual, including the name, age, address, and
15photograph, when and if available; (ii) information detailing
16any charges relating to the arrest; (iii) the time and
17location of the arrest; (iv) the name of the investigating or
18arresting law enforcement agency; (v) if the individual is
19incarcerated, the conditions of pretrial release amount of any
20bail or bond; and (vi) if the individual is incarcerated, the
21time and date that the individual was received into,
22discharged from, or transferred from the arresting agency's
23custody.

HB4498- 2 -LRB102 22839 RLC 31990 b
1 (b) Criminal history records. The following documents
2maintained by a public body pertaining to criminal history
3record information are public records subject to inspection
4and copying by the public pursuant to this Act: (i) court
5records that are public; (ii) records that are otherwise
6available under State or local law; and (iii) records in which
7the requesting party is the individual identified, except as
8provided under Section 7(1)(d)(vi).
9 (c) Information described in items (iii) through (vi) of
10subsection (a) may be withheld if it is determined that
11disclosure would: (i) interfere with pending or actually and
12reasonably contemplated law enforcement proceedings conducted
13by any law enforcement agency; (ii) endanger the life or
14physical safety of law enforcement or correctional personnel
15or any other person; or (iii) compromise the security of any
16correctional facility.
17 (d) The provisions of this Section do not supersede the
18confidentiality provisions for law enforcement or arrest
19records of the Juvenile Court Act of 1987.
20 (e) Notwithstanding the requirements of subsection (a), a
21law enforcement agency may not publish booking photographs,
22commonly known as "mugshots", on its social networking website
23in connection with civil offenses, petty offenses, business
24offenses, Class C misdemeanors, and Class B misdemeanors
25unless the booking photograph is posted to the social
26networking website to assist in the search for a missing

HB4498- 3 -LRB102 22839 RLC 31990 b
1person or to assist in the search for a fugitive, person of
2interest, or individual wanted in relation to a crime other
3than a petty offense, business offense, Class C misdemeanor,
4or Class B misdemeanor. As used in this subsection, "social
5networking website" has the meaning provided in Section 10 of
6the Right to Privacy in the Workplace Act.
7(Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19;
8101-652.)
9 Section 10. The State Records Act is amended by changing
10Section 4a as follows:
11 (5 ILCS 160/4a)
12 Sec. 4a. Arrest records and reports.
13 (a) When an individual is arrested, the following
14information must be made available to the news media for
15inspection and copying:
16 (1) Information that identifies the individual,
17 including the name, age, address, and photograph, when and
18 if available.
19 (2) Information detailing any charges relating to the
20 arrest.
21 (3) The time and location of the arrest.
22 (4) The name of the investigating or arresting law
23 enforcement agency.
24 (5) If the individual is incarcerated, the conditions

HB4498- 4 -LRB102 22839 RLC 31990 b
1 of pretrial release amount of any bail or bond.
2 (6) If the individual is incarcerated, the time and
3 date that the individual was received, discharged, or
4 transferred from the arresting agency's custody.
5 (b) The information required by this Section must be made
6available to the news media for inspection and copying as soon
7as practicable, but in no event shall the time period exceed 72
8hours from the arrest. The information described in paragraphs
9(3), (4), (5), and (6) of subsection (a), however, may be
10withheld if it is determined that disclosure would:
11 (1) interfere with pending or actually and reasonably
12 contemplated law enforcement proceedings conducted by any
13 law enforcement or correctional agency;
14 (2) endanger the life or physical safety of law
15 enforcement or correctional personnel or any other person;
16 or
17 (3) compromise the security of any correctional
18 facility.
19 (c) For the purposes of this Section, the term "news
20media" means personnel of a newspaper or other periodical
21issued at regular intervals whether in print or electronic
22format, a news service whether in print or electronic format,
23a radio station, a television station, a television network, a
24community antenna television service, or a person or
25corporation engaged in making news reels or other motion
26picture news for public showing.

HB4498- 5 -LRB102 22839 RLC 31990 b
1 (d) Each law enforcement or correctional agency may charge
2fees for arrest records, but in no instance may the fee exceed
3the actual cost of copying and reproduction. The fees may not
4include the cost of the labor used to reproduce the arrest
5record.
6 (e) The provisions of this Section do not supersede the
7confidentiality provisions for arrest records of the Juvenile
8Court Act of 1987.
9 (f) All information, including photographs, made available
10under this Section is subject to the provisions of Section
112QQQ of the Consumer Fraud and Deceptive Business Practices
12Act.
13 (g) Notwithstanding the requirements of subsection (a), a
14law enforcement agency may not publish booking photographs,
15commonly known as "mugshots", on its social networking website
16in connection with civil offenses, petty offenses, business
17offenses, Class C misdemeanors, and Class B misdemeanors
18unless the booking photograph is posted to the social
19networking website to assist in the search for a missing
20person or to assist in the search for a fugitive, person of
21interest, or individual wanted in relation to a crime other
22than a petty offense, business offense, Class C misdemeanor,
23or Class B misdemeanor. As used in this subsection, "social
24networking website" has the meaning provided in Section 10 of
25the Right to Privacy in the Workplace Act.
26(Source: P.A. 101-433, eff. 8-20-19; 101-652.)

HB4498- 6 -LRB102 22839 RLC 31990 b
1 Section 15. The Department of State Police Law of the
2Civil Administrative Code of Illinois is amended by changing
3Section 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
7information must be made available to the news media for
8inspection 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
23available to the news media for inspection and copying as soon
24as practicable, but in no event shall the time period exceed 72

HB4498- 7 -LRB102 22839 RLC 31990 b
1hours from the arrest. The information described in items (3),
2(4), (5), and (6) of subsection (a), however, may be withheld
3if it is determined that disclosure would (i) interfere with
4pending or actually and reasonably contemplated law
5enforcement proceedings conducted by any law enforcement or
6correctional agency; (ii) endanger the life or physical safety
7of law enforcement or correctional personnel or any other
8person; or (iii) compromise the security of any correctional
9facility.
10 (c) For the purposes of this Section, the term "news
11media" means personnel of a newspaper or other periodical
12issued at regular intervals whether in print or electronic
13format, a news service whether in print or electronic format,
14a radio station, a television station, a television network, a
15community antenna television service, or a person or
16corporation engaged in making news reels or other motion
17picture news for public showing.
18 (d) Each law enforcement or correctional agency may charge
19fees for arrest records, but in no instance may the fee exceed
20the actual cost of copying and reproduction. The fees may not
21include the cost of the labor used to reproduce the arrest
22record.
23 (e) The provisions of this Section do not supersede the
24confidentiality provisions for arrest records of the Juvenile
25Court Act of 1987.
26(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;

HB4498- 8 -LRB102 22839 RLC 31990 b
1incorporates 92-335, eff. 8-10-01; 92-651, eff. 7-11-02;
2101-652.)
3 Section 20. The Local Records Act is amended by changing
4Section 3b as follows:
5 (50 ILCS 205/3b)
6 Sec. 3b. Arrest records and reports.
7 (a) When an individual is arrested, the following
8information must be made available to the news media for
9inspection and copying:
10 (1) Information that identifies the individual,
11 including the name, age, address, and photograph, when and
12 if available.
13 (2) Information detailing any charges relating to the
14 arrest.
15 (3) The time and location of the arrest.
16 (4) The name of the investigating or arresting law
17 enforcement agency.
18 (5) If the individual is incarcerated, the conditions
19 of pretrial release amount of any bail or bond.
20 (6) If the individual is incarcerated, the time and
21 date that the individual was received, discharged, or
22 transferred from the arresting agency's custody.
23 (b) The information required by this Section must be made
24available to the news media for inspection and copying as soon

HB4498- 9 -LRB102 22839 RLC 31990 b
1as practicable, but in no event shall the time period exceed 72
2hours from the arrest. The information described in paragraphs
3(3), (4), (5), and (6) of subsection (a), however, may be
4withheld if it is determined that disclosure would:
5 (1) interfere with pending or actually and reasonably
6 contemplated law enforcement proceedings conducted by any
7 law enforcement or correctional agency;
8 (2) endanger the life or physical safety of law
9 enforcement or correctional personnel or any other person;
10 or
11 (3) compromise the security of any correctional
12 facility.
13 (c) For the purposes of this Section the term "news media"
14means personnel of a newspaper or other periodical issued at
15regular intervals whether in print or electronic format, a
16news service whether in print or electronic format, a radio
17station, a television station, a television network, a
18community antenna television service, or a person or
19corporation engaged in making news reels or other motion
20picture news for public showing.
21 (d) Each law enforcement or correctional agency may charge
22fees for arrest records, but in no instance may the fee exceed
23the actual cost of copying and reproduction. The fees may not
24include the cost of the labor used to reproduce the arrest
25record.
26 (e) The provisions of this Section do not supersede the

HB4498- 10 -LRB102 22839 RLC 31990 b
1confidentiality provisions for arrest records of the Juvenile
2Court Act of 1987.
3 (f) All information, including photographs, made available
4under this Section is subject to the provisions of Section
52QQQ of the Consumer Fraud and Deceptive Business Practices
6Act.
7(Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16;
8101-652.)
9 Section 25. The Counties Code is amended by changing
10Sections 4-5001, 4-12001, and 4-12001.1 as follows:
11 (55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
12 Sec. 4-5001. Sheriffs; counties of first and second class.
13The fees of sheriffs in counties of the first and second class,
14except when increased by county ordinance under this Section,
15shall be as follows:
16 For serving or attempting to serve summons on each
17defendant in each county, $10.
18 For serving or attempting to serve an order or judgment
19granting injunctive relief in each county, $10.
20 For serving or attempting to serve each garnishee in each
21county, $10.
22 For serving or attempting to serve an order for replevin
23in each county, $10.
24 For serving or attempting to serve an order for attachment

HB4498- 11 -LRB102 22839 RLC 31990 b
1on each defendant in each county, $10.
2 For serving or attempting to serve a warrant of arrest,
3$8, to be paid upon conviction.
4 For returning a defendant from outside the State of
5Illinois, upon conviction, the court shall assess, as court
6costs, the cost of returning a defendant to the jurisdiction.
7 For taking special bail, $1 in each county.
8 For serving or attempting to serve a subpoena on each
9witness, in each county, $10.
10 For advertising property for sale, $5.
11 For returning each process, in each county, $5.
12 Mileage for each mile of necessary travel to serve any
13such process as Stated above, calculating from the place of
14holding court to the place of residence of the defendant, or
15witness, 50¢ each way.
16 For summoning each juror, $3 with 30¢ mileage each way in
17all counties.
18 For serving or attempting to serve notice of judgments or
19levying to enforce a judgment, $3 with 50¢ mileage each way in
20all counties.
21 For taking possession of and removing property levied on,
22the officer shall be allowed to tax the actual cost of such
23possession or removal.
24 For feeding each prisoner, such compensation to cover the
25actual cost as may be fixed by the county board, but such
26compensation shall not be considered a part of the fees of the

HB4498- 12 -LRB102 22839 RLC 31990 b
1office.
2 For attending before a court with prisoner, on an order
3for habeas corpus, in each county, $10 per day.
4 For attending before a court with a prisoner in any
5criminal proceeding, in each county, $10 per day.
6 For each mile of necessary travel in taking such prisoner
7before the court as stated above, 15¢ a mile each way.
8 For serving or attempting to serve an order or judgment
9for the possession of real estate in an action of ejectment or
10in any other action, or for restitution in an eviction action
11without aid, $10 and when aid is necessary, the sheriff shall
12be allowed to tax in addition the actual costs thereof, and for
13each mile of necessary travel, 50¢ each way.
14 For executing and acknowledging a deed of sale of real
15estate, in counties of first class, $4; second class, $4.
16 For preparing, executing and acknowledging a deed on
17redemption from a court sale of real estate in counties of
18first class, $5; second class, $5.
19 For making certificates of sale, and making and filing
20duplicate, in counties of first class, $3; in counties of the
21second class, $3.
22 For making certificate of redemption, $3.
23 For certificate of levy and filing, $3, and the fee for
24recording shall be advanced by the judgment creditor and
25charged as costs.
26 For taking all civil bonds on legal process, civil and

HB4498- 13 -LRB102 22839 RLC 31990 b
1criminal, in counties of first class, $1; in second class, $1.
2 For executing copies in criminal cases, $4 and mileage for
3each mile of necessary travel, 20¢ each way.
4 For executing requisitions from other states, $5.
5 For conveying each prisoner from the prisoner's own county
6to the jail of another county, or from another county to the
7jail of the prisoner's county, per mile, for going, only, 30¢.
8 For conveying persons to the penitentiary, reformatories,
9Illinois State Training School for Boys, Illinois State
10Training School for Girls and Reception Centers, the following
11fees, payable out of the State treasury. For each person who is
12conveyed, 35¢ per mile in going only to the penitentiary,
13reformatory, Illinois State Training School for Boys, Illinois
14State Training School for Girls and Reception Centers, from
15the place of conviction.
16 The fees provided for transporting persons to the
17penitentiary, reformatories, Illinois State Training School
18for Boys, Illinois State Training School for Girls and
19Reception Centers shall be paid for each trip so made. Mileage
20as used in this Section means the shortest practical route,
21between the place from which the person is to be transported,
22to the penitentiary, reformatories, Illinois State Training
23School for Boys, Illinois State Training School for Girls and
24Reception Centers and all fees per mile shall be computed on
25such basis.
26 For conveying any person to or from any of the charitable

HB4498- 14 -LRB102 22839 RLC 31990 b
1institutions of the State, when properly committed by
2competent authority, when one person is conveyed, 35¢ per
3mile; when two persons are conveyed at the same time, 35¢ per
4mile for the first person and 20¢ per mile for the second
5person; and 10¢ per mile for each additional person.
6 For conveying a person from the penitentiary to the county
7jail when required by law, 35¢ per mile.
8 For attending Supreme Court, $10 per day.
9 In addition to the above fees there shall be allowed to the
10sheriff a fee of $600 for the sale of real estate which is made
11by virtue of any judgment of a court, except that in the case
12of a sale of unimproved real estate which sells for $10,000 or
13less, the fee shall be $150. In addition to this fee and all
14other fees provided by this Section, there shall be allowed to
15the sheriff a fee in accordance with the following schedule
16for the sale of personal estate which is made by virtue of any
17judgment of a court:
18 For judgments up to $1,000, $75;
19 For judgments from $1,001 to $15,000, $150;
20 For judgments over $15,000, $300.
21 The foregoing fees allowed by this Section are the maximum
22fees that may be collected from any officer, agency,
23department or other instrumentality of the State. The county
24board may, however, by ordinance, increase the fees allowed by
25this Section and collect those increased fees from all persons
26and entities other than officers, agencies, departments and

HB4498- 15 -LRB102 22839 RLC 31990 b
1other instrumentalities of the State if the increase is
2justified by an acceptable cost study showing that the fees
3allowed by this Section are not sufficient to cover the costs
4of providing the service. A statement of the costs of
5providing each service, program and activity shall be prepared
6by the county board. All supporting documents shall be public
7records and subject to public examination and audit. All
8direct and indirect costs, as defined in the United States
9Office of Management and Budget Circular A-87, may be included
10in the determination of the costs of each service, program and
11activity.
12 In all cases where the judgment is settled by the parties,
13replevied, stopped by injunction or paid, or where the
14property levied upon is not actually sold, the sheriff shall
15be allowed his fee for levying and mileage, together with half
16the fee for all money collected by him which he would be
17entitled to if the same was made by sale to enforce the
18judgment. In no case shall the fee exceed the amount of money
19arising from the sale.
20 The fee requirements of this Section do not apply to
21police departments or other law enforcement agencies. For the
22purposes of this Section, "law enforcement agency" means an
23agency of the State or unit of local government which is vested
24by law or ordinance with the duty to maintain public order and
25to enforce criminal laws.
26(Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18;

HB4498- 16 -LRB102 22839 RLC 31990 b
1101-652.)
2 (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
3 Sec. 4-12001. Fees of sheriff in third class counties. The
4officers herein named, in counties of the third class, shall
5be entitled to receive the fees herein specified, for the
6services mentioned and such other fees as may be provided by
7law for such other services not herein designated.
8Fees for Sheriff
9 For serving or attempting to serve any summons on each
10defendant, $35.
11 For serving or attempting to serve each alias summons or
12other process mileage will be charged as hereinafter provided
13when the address for service differs from the address for
14service on the original summons or other process.
15 For serving or attempting to serve all other process, on
16each defendant, $35.
17 For serving or attempting to serve a subpoena on each
18witness, $35.
19 For serving or attempting to serve each warrant, $35.
20 For serving or attempting to serve each garnishee, $35.
21 For summoning each juror, $10.
22 For serving or attempting to serve each order or judgment
23for replevin, $35.
24 For serving or attempting to serve an order for
25attachment, on each defendant, $35.

HB4498- 17 -LRB102 22839 RLC 31990 b
1 For serving or attempting to serve an order or judgment
2for the possession of real estate in an action of ejectment or
3in any other action, or for restitution in an eviction action,
4without aid, $35, and when aid is necessary, the sheriff shall
5be allowed to tax in addition the actual costs thereof.
6 For serving or attempting to serve notice of judgment,
7$35.
8 For levying to satisfy an order in an action for
9attachment, $25.
10 For executing order of court to seize personal property,
11$25.
12 For making certificate of levy on real estate and filing
13or recording same, $8, and the fee for filing or recording
14shall be advanced by the plaintiff in attachment or by the
15judgment creditor and taxed as costs. For taking possession of
16or removing property levied on, the sheriff shall be allowed
17to tax the necessary actual costs of such possession or
18removal.
19 For advertising property for sale, $20.
20 For making certificate of sale and making and filing
21duplicate for record, $15, and the fee for recording same
22shall be advanced by the judgment creditor and taxed as costs.
23 For preparing, executing and acknowledging deed on
24redemption from a court sale of real estate, $15; for
25preparing, executing and acknowledging all other deeds on sale
26of real estate, $10.

HB4498- 18 -LRB102 22839 RLC 31990 b
1 For making and filing certificate of redemption, $15, and
2the fee for recording same shall be advanced by party making
3the redemption and taxed as costs.
4 For making and filing certificate of redemption from a
5court sale, $11, and the fee for recording same shall be
6advanced by the party making the redemption and taxed as
7costs.
8 For taking all bonds on legal process, $10.
9 For taking special bail, $5.
10 For returning each process, $15.
11 Mileage for service or attempted service of all process is
12a $10 flat fee.
13 For attending before a court with a prisoner on an order
14for habeas corpus, $9 per day.
15 For executing requisitions from other States, $13.
16 For conveying each prisoner from the prisoner's county to
17the jail of another county, per mile for going only, 25¢.
18 For committing to or discharging each prisoner from jail,
19$3.
20 For feeding each prisoner, such compensation to cover
21actual costs as may be fixed by the county board, but such
22compensation shall not be considered a part of the fees of the
23office.
24 For committing each prisoner to jail under the laws of the
25United States, to be paid by the marshal or other person
26requiring his confinement, $3.

HB4498- 19 -LRB102 22839 RLC 31990 b
1 For feeding such prisoners per day, $3, to be paid by the
2marshal or other person requiring the prisoner's confinement.
3 For discharging such prisoners, $3.
4 For conveying persons to the penitentiary, reformatories,
5Illinois State Training School for Boys, Illinois State
6Training School for Girls, Reception Centers and Illinois
7Security Hospital, the following fees, payable out of the
8State Treasury. When one person is conveyed, 20¢ per mile in
9going to the penitentiary, reformatories, Illinois State
10Training School for Boys, Illinois State Training School for
11Girls, Reception Centers and Illinois Security Hospital from
12the place of conviction; when 2 persons are conveyed at the
13same time, 20¢ per mile for the first and 15¢ per mile for the
14second person; when more than 2 persons are conveyed at the
15same time as Stated above, the sheriff shall be allowed 20¢ per
16mile for the first, 15¢ per mile for the second and 10¢ per
17mile for each additional person.
18 The fees provided for herein for transporting persons to
19the penitentiary, reformatories, Illinois State Training
20School for Boys, Illinois State Training School for Girls,
21Reception Centers and Illinois Security Hospital, shall be
22paid for each trip so made. Mileage as used in this Section
23means the shortest route on a hard surfaced road, (either
24State Bond Issue Route or Federal highways) or railroad,
25whichever is shorter, between the place from which the person
26is to be transported, to the penitentiary, reformatories,

HB4498- 20 -LRB102 22839 RLC 31990 b
1Illinois State Training School for Boys, Illinois State
2Training School for Girls, Reception Centers and Illinois
3Security Hospital, and all fees per mile shall be computed on
4such basis.
5 In addition to the above fees, there shall be allowed to
6the sheriff a fee of $900 for the sale of real estate which
7shall be made by virtue of any judgment of a court. In addition
8to this fee and all other fees provided by this Section, there
9shall be allowed to the sheriff a fee in accordance with the
10following schedule for the sale of personal estate which is
11made by virtue of any judgment of a court:
12 For judgments up to $1,000, $100;
13 For judgments over $1,000 to $15,000, $300;
14 For judgments over $15,000, $500.
15 In all cases where the judgment is settled by the parties,
16replevied, stopped by injunction or paid, or where the
17property levied upon is not actually sold, the sheriff shall
18be allowed the fee for levying and mileage, together with half
19the fee for all money collected by him or her which he or she
20would be entitled to if the same were made by sale in the
21enforcement of a judgment. In no case shall the fee exceed the
22amount of money arising from the sale.
23 The fee requirements of this Section do not apply to
24police departments or other law enforcement agencies. For the
25purposes of this Section, "law enforcement agency" means an
26agency of the State or unit of local government which is vested

HB4498- 21 -LRB102 22839 RLC 31990 b
1by law or ordinance with the duty to maintain public order and
2to enforce criminal laws or ordinances.
3 The fee requirements of this Section do not apply to units
4of local government or school districts.
5(Source: P.A. 100-173, eff. 1-1-18; 101-652.)
6 (55 ILCS 5/4-12001.1) (from Ch. 34, par. 4-12001.1)
7 Sec. 4-12001.1. Fees of sheriff in third class counties;
8local governments and school districts. The officers herein
9named, in counties of the third class, shall be entitled to
10receive the fees herein specified from all units of local
11government and school districts, for the services mentioned
12and such other fees as may be provided by law for such other
13services not herein designated.
14Fees for Sheriff
15 For serving or attempting to serve any summons on each
16defendant, $25.
17 For serving or attempting to serve each alias summons or
18other process mileage will be charged as hereinafter provided
19when the address for service differs from the address for
20service on the original summons or other process.
21 For serving or attempting to serve all other process, on
22each defendant, $25.
23 For serving or attempting to serve a subpoena on each
24witness, $25.
25 For serving or attempting to serve each warrant, $25.

HB4498- 22 -LRB102 22839 RLC 31990 b
1 For serving or attempting to serve each garnishee, $25.
2 For summoning each juror, $4.
3 For serving or attempting to serve each order or judgment
4for replevin, $25.
5 For serving or attempting to serve an order for
6attachment, on each defendant, $25.
7 For serving or attempting to serve an order or judgment
8for the possession of real estate in an action of ejectment or
9in any other action, or for restitution in an eviction action,
10without aid, $9, and when aid is necessary, the sheriff shall
11be allowed to tax in addition the actual costs thereof.
12 For serving or attempting to serve notice of judgment,
13$25.
14 For levying to satisfy an order in an action for
15attachment, $25.
16 For executing order of court to seize personal property,
17$25.
18 For making certificate of levy on real estate and filing
19or recording same, $3, and the fee for filing or recording
20shall be advanced by the plaintiff in attachment or by the
21judgment creditor and taxed as costs. For taking possession of
22or removing property levied on, the sheriff shall be allowed
23to tax the necessary actual costs of such possession or
24removal.
25 For advertising property for sale, $3.
26 For making certificate of sale and making and filing

HB4498- 23 -LRB102 22839 RLC 31990 b
1duplicate for record, $3, and the fee for recording same shall
2be advanced by the judgment creditor and taxed as costs.
3 For preparing, executing and acknowledging deed on
4redemption from a court sale of real estate, $6; for
5preparing, executing and acknowledging all other deeds on sale
6of real estate, $4.
7 For making and filing certificate of redemption, $3.50,
8and the fee for recording same shall be advanced by party
9making the redemption and taxed as costs.
10 For making and filing certificate of redemption from a
11court sale, $4.50, and the fee for recording same shall be
12advanced by the party making the redemption and taxed as
13costs.
14 For taking all bonds on legal process, $2.
15 For taking special bail, $2.
16 For returning each process, $5.
17 Mileage for service or attempted service of all process is
18a $10 flat fee.
19 For attending before a court with a prisoner on an order
20for habeas corpus, $3.50 per day.
21 For executing requisitions from other States, $5.
22 For conveying each prisoner from the prisoner's county to
23the jail of another county, per mile for going only, 25¢.
24 For committing to or discharging each prisoner from jail,
25$1.
26 For feeding each prisoner, such compensation to cover

HB4498- 24 -LRB102 22839 RLC 31990 b
1actual costs as may be fixed by the county board, but such
2compensation shall not be considered a part of the fees of the
3office.
4 For committing each prisoner to jail under the laws of the
5United States, to be paid by the marshal or other person
6requiring his confinement, $1.
7 For feeding such prisoners per day, $1, to be paid by the
8marshal or other person requiring the prisoner's confinement.
9 For discharging such prisoners, $1.
10 For conveying persons to the penitentiary, reformatories,
11Illinois State Training School for Boys, Illinois State
12Training School for Girls, Reception Centers and Illinois
13Security Hospital, the following fees, payable out of the
14State Treasury. When one person is conveyed, 15¢ per mile in
15going to the penitentiary, reformatories, Illinois State
16Training School for Boys, Illinois State Training School for
17Girls, Reception Centers and Illinois Security Hospital from
18the place of conviction; when 2 persons are conveyed at the
19same time, 15¢ per mile for the first and 10¢ per mile for the
20second person; when more than 2 persons are conveyed at the
21same time as stated above, the sheriff shall be allowed 15¢ per
22mile for the first, 10¢ per mile for the second and 5¢ per mile
23for each additional person.
24 The fees provided for herein for transporting persons to
25the penitentiary, reformatories, Illinois State Training
26School for Boys, Illinois State Training School for Girls,

HB4498- 25 -LRB102 22839 RLC 31990 b
1Reception Centers and Illinois Security Hospital, shall be
2paid for each trip so made. Mileage as used in this Section
3means the shortest route on a hard surfaced road, (either
4State Bond Issue Route or Federal highways) or railroad,
5whichever is shorter, between the place from which the person
6is to be transported, to the penitentiary, reformatories,
7Illinois State Training School for Boys, Illinois State
8Training School for Girls, Reception Centers and Illinois
9Security Hospital, and all fees per mile shall be computed on
10such basis.
11 In addition to the above fees, there shall be allowed to
12the sheriff a fee of $600 for the sale of real estate which
13shall be made by virtue of any judgment of a court. In addition
14to this fee and all other fees provided by this Section, there
15shall be allowed to the sheriff a fee in accordance with the
16following schedule for the sale of personal estate which is
17made by virtue of any judgment of a court:
18 For judgments up to $1,000, $90;
19 For judgments over $1,000 to $15,000, $275;
20 For judgments over $15,000, $400.
21 In all cases where the judgment is settled by the parties,
22replevied, stopped by injunction or paid, or where the
23property levied upon is not actually sold, the sheriff shall
24be allowed the fee for levying and mileage, together with half
25the fee for all money collected by him or her which he or she
26would be entitled to if the same were made by sale in the

HB4498- 26 -LRB102 22839 RLC 31990 b
1enforcement of a judgment. In no case shall the fee exceed the
2amount of money arising from the sale.
3 All fees collected under Sections 4-12001 and 4-12001.1
4must be used for public safety purposes only.
5(Source: P.A. 100-173, eff. 1-1-18; 101-652.)
6 Section 30. The Illinois Municipal Code is amended by
7reenacting Section 1-2-12.1 as follows:
8 (65 ILCS 5/1-2-12.1)
9 Sec. 1-2-12.1. Municipal bond fees. A municipality may
10impose a fee up to $20 for bail processing against any person
11arrested for violating a bailable municipal ordinance or a
12State or federal law.
13(Source: P.A. 97-368, eff. 8-15-11; 101-652, eff. 7-1-21.)
14 Section 35. The Campus Security Enhancement Act of 2008 is
15amended by changing Section 15 as follows:
16 (110 ILCS 12/15)
17 Sec. 15. Arrest reports.
18 (a) When an individual is arrested, the following
19information must be made available to the news media for
20inspection and copying:
21 (1) Information that identifies the individual,
22 including the name, age, address, and photograph, when and

HB4498- 27 -LRB102 22839 RLC 31990 b
1 if available.
2 (2) Information detailing any charges relating to the
3 arrest.
4 (3) The time and location of the arrest.
5 (4) The name of the investigating or arresting law
6 enforcement agency.
7 (5) If the individual is incarcerated, the conditions
8 of pretrial release amount of any bail or bond.
9 (6) If the individual is incarcerated, the time and
10 date that the individual was received, discharged, or
11 transferred from the arresting agency's custody.
12 (b) The information required by this Section must be made
13available to the news media for inspection and copying as soon
14as practicable, but in no event shall the time period exceed 72
15hours from the arrest. The information described in paragraphs
16(3), (4), (5), and (6) of subsection (a), however, may be
17withheld if it is determined that disclosure would:
18 (1) interfere with pending or actually and reasonably
19 contemplated law enforcement proceedings conducted by any
20 law enforcement or correctional agency;
21 (2) endanger the life or physical safety of law
22 enforcement or correctional personnel or any other person;
23 or
24 (3) compromise the security of any correctional
25 facility.
26 (c) For the purposes of this Section the term "news media"

HB4498- 28 -LRB102 22839 RLC 31990 b
1means personnel of a newspaper or other periodical issued at
2regular intervals whether in print or electronic format, a
3news service whether in print or electronic format, a radio
4station, a television station, a television network, a
5community antenna television service, or a person or
6corporation engaged in making news reels or other motion
7picture news for public showing.
8 (d) Each law enforcement or correctional agency may charge
9fees for arrest records, but in no instance may the fee exceed
10the actual cost of copying and reproduction. The fees may not
11include the cost of the labor used to reproduce the arrest
12record.
13 (e) The provisions of this Section do not supersede the
14confidentiality provisions for arrest records of the Juvenile
15Court Act of 1987.
16(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
1792-335, eff. 8-10-01; 101-652.)
18 Section 40. The Illinois Insurance Code is amended by
19changing Sections 143.19, 143.19.1, and 205 as follows:
20 (215 ILCS 5/143.19) (from Ch. 73, par. 755.19)
21 Sec. 143.19. Cancellation of automobile insurance policy;
22grounds. After a policy of automobile insurance as defined in
23Section 143.13(a) has been effective for 60 days, or if such
24policy is a renewal policy, the insurer shall not exercise its

HB4498- 29 -LRB102 22839 RLC 31990 b
1option to cancel such policy except for one or more of the
2following reasons:
3 a. Nonpayment of premium;
4 b. The policy was obtained through a material
5 misrepresentation;
6 c. Any insured violated any of the terms and
7 conditions of the policy;
8 d. The named insured failed to disclose fully his
9 motor vehicle accidents and moving traffic violations for
10 the preceding 36 months if called for in the application;
11 e. Any insured made a false or fraudulent claim or
12 knowingly aided or abetted another in the presentation of
13 such a claim;
14 f. The named insured or any other operator who either
15 resides in the same household or customarily operates an
16 automobile insured under such policy:
17 1. has, within the 12 months prior to the notice of
18 cancellation, had his driver's license under
19 suspension or revocation;
20 2. is or becomes subject to epilepsy or heart
21 attacks, and such individual does not produce a
22 certificate from a physician testifying to his
23 unqualified ability to operate a motor vehicle safely;
24 3. has an accident record, conviction record
25 (criminal or traffic), physical, or mental condition
26 which is such that his operation of an automobile

HB4498- 30 -LRB102 22839 RLC 31990 b
1 might endanger the public safety;
2 4. has, within the 36 months prior to the notice of
3 cancellation, been addicted to the use of narcotics or
4 other drugs; or
5 5. has been convicted, or violated conditions of
6 pretrial release forfeited bail, during the 36 months
7 immediately preceding the notice of cancellation, for
8 any felony, criminal negligence resulting in death,
9 homicide or assault arising out of the operation of a
10 motor vehicle, operating a motor vehicle while in an
11 intoxicated condition or while under the influence of
12 drugs, being intoxicated while in, or about, an
13 automobile or while having custody of an automobile,
14 leaving the scene of an accident without stopping to
15 report, theft or unlawful taking of a motor vehicle,
16 making false statements in an application for an
17 operator's or chauffeur's license or has been
18 convicted or pretrial release has been revoked
19 forfeited bail for 3 or more violations within the 12
20 months immediately preceding the notice of
21 cancellation, of any law, ordinance, or regulation
22 limiting the speed of motor vehicles or any of the
23 provisions of the motor vehicle laws of any state,
24 violation of which constitutes a misdemeanor, whether
25 or not the violations were repetitions of the same
26 offense or different offenses;

HB4498- 31 -LRB102 22839 RLC 31990 b
1 g. The insured automobile is:
2 1. so mechanically defective that its operation
3 might endanger public safety;
4 2. used in carrying passengers for hire or
5 compensation (the use of an automobile for a car pool
6 shall not be considered use of an automobile for hire
7 or compensation);
8 3. used in the business of transportation of
9 flammables or explosives;
10 4. an authorized emergency vehicle;
11 5. changed in shape or condition during the policy
12 period so as to increase the risk substantially; or
13 6. subject to an inspection law and has not been
14 inspected or, if inspected, has failed to qualify.
15 Nothing in this Section shall apply to nonrenewal.
16(Source: P.A. 100-201, eff. 8-18-17; 101-652.)
17 (215 ILCS 5/143.19.1) (from Ch. 73, par. 755.19.1)
18 Sec. 143.19.1. Limits on exercise of right of nonrenewal.
19After a policy of automobile insurance, as defined in Section
20143.13, has been effective or renewed for 5 or more years, the
21company shall not exercise its right of non-renewal unless:
22 a. The policy was obtained through a material
23misrepresentation; or
24 b. Any insured violated any of the terms and conditions of
25the policy; or

HB4498- 32 -LRB102 22839 RLC 31990 b
1 c. The named insured failed to disclose fully his motor
2vehicle accidents and moving traffic violations for the
3preceding 36 months, if such information is called for in the
4application; or
5 d. Any insured made a false or fraudulent claim or
6knowingly aided or abetted another in the presentation of such
7a claim; or
8 e. The named insured or any other operator who either
9resides in the same household or customarily operates an
10automobile insured under such a policy:
11 1. Has, within the 12 months prior to the notice of
12 non-renewal had his drivers license under suspension or
13 revocation; or
14 2. Is or becomes subject to epilepsy or heart attacks,
15 and such individual does not produce a certificate from a
16 physician testifying to his unqualified ability to operate
17 a motor vehicle safely; or
18 3. Has an accident record, conviction record (criminal
19 or traffic), or a physical or mental condition which is
20 such that his operation of an automobile might endanger
21 the public safety; or
22 4. Has, within the 36 months prior to the notice of
23 non-renewal, been addicted to the use of narcotics or
24 other drugs; or
25 5. Has been convicted or pretrial release has been
26 revoked forfeited bail, during the 36 months immediately

HB4498- 33 -LRB102 22839 RLC 31990 b
1 preceding the notice of non-renewal, for any felony,
2 criminal negligence resulting in death, homicide or
3 assault arising out of the operation of a motor vehicle,
4 operating a motor vehicle while in an intoxicated
5 condition or while under the influence of drugs, being
6 intoxicated while in or about an automobile or while
7 having custody of an automobile, leaving the scene of an
8 accident without stopping to report, theft or unlawful
9 taking of a motor vehicle, making false statements in an
10 application for an operators or chauffeurs license, or has
11 been convicted or pretrial release has been revoked
12 forfeited bail for 3 or more violations within the 12
13 months immediately preceding the notice of non-renewal, of
14 any law, ordinance or regulation limiting the speed of
15 motor vehicles or any of the provisions of the motor
16 vehicle laws of any state, violation of which constitutes
17 a misdemeanor, whether or not the violations were
18 repetitions of the same offense or different offenses; or
19 f. The insured automobile is:
20 1. So mechanically defective that its operation might
21 endanger public safety; or
22 2. Used in carrying passengers for hire or
23 compensation (the use of an automobile for a car pool
24 shall not be considered use of an automobile for hire or
25 compensation); or
26 3. Used in the business of transportation of

HB4498- 34 -LRB102 22839 RLC 31990 b
1 flammables or explosives; or
2 4. An authorized emergency vehicle; or
3 5. Changed in shape or condition during the policy
4 period so as to increase the risk substantially; or
5 6. Subject to an inspection law and it has not been
6 inspected or, if inspected, has failed to qualify; or
7 g. The notice of the intention not to renew is mailed to
8the insured at least 60 days before the date of nonrenewal as
9provided in Section 143.17.
10(Source: P.A. 89-669, eff. 1-1-97; 101-652.)
11 (215 ILCS 5/205) (from Ch. 73, par. 817)
12 Sec. 205. Priority of distribution of general assets.
13 (1) The priorities of distribution of general assets from
14the company's estate is to be as follows:
15 (a) The costs and expenses of administration,
16 including, but not limited to, the following:
17 (i) The reasonable expenses of the Illinois
18 Insurance Guaranty Fund, the Illinois Life and Health
19 Insurance Guaranty Association, and the Illinois
20 Health Maintenance Organization Guaranty Association
21 and of any similar organization in any other state,
22 including overhead, salaries, and other general
23 administrative expenses allocable to the receivership
24 (administrative and claims handling expenses and
25 expenses in connection with arrangements for ongoing

HB4498- 35 -LRB102 22839 RLC 31990 b
1 coverage), but excluding expenses incurred in the
2 performance of duties under Section 547 or similar
3 duties under the statute governing a similar
4 organization in another state. For property and
5 casualty insurance guaranty associations that guaranty
6 certain obligations of any member company as defined
7 by Section 534.5, expenses shall include, but not be
8 limited to, loss adjustment expenses, which shall
9 include adjusting and other expenses and defense and
10 cost containment expenses. The expenses of such
11 property and casualty guaranty associations, including
12 the Illinois Insurance Guaranty Fund, shall be
13 reimbursed as prescribed by Section 545, but shall be
14 subordinate to all other costs and expenses of
15 administration, including the expenses reimbursed
16 pursuant to subparagraph (ii) of this paragraph (a).
17 (ii) The expenses expressly approved or ratified
18 by the Director as liquidator or rehabilitator,
19 including, but not limited to, the following:
20 (1) the actual and necessary costs of
21 preserving or recovering the property of the
22 insurer;
23 (2) reasonable compensation for all services
24 rendered on behalf of the administrative
25 supervisor or receiver;
26 (3) any necessary filing fees;

HB4498- 36 -LRB102 22839 RLC 31990 b
1 (4) the fees and mileage payable to witnesses;
2 (5) unsecured loans obtained by the receiver;
3 and
4 (6) expenses approved by the conservator or
5 rehabilitator of the insurer, if any, incurred in the
6 course of the conservation or rehabilitation that are
7 unpaid at the time of the entry of the order of
8 liquidation.
9 Any unsecured loan falling under item (5) of
10 subparagraph (ii) of this paragraph (a) shall have
11 priority over all other costs and expenses of
12 administration, unless the lender agrees otherwise. Absent
13 agreement to the contrary, all other costs and expenses of
14 administration shall be shared on a pro-rata basis, except
15 for the expenses of property and casualty guaranty
16 associations, which shall have a lower priority pursuant
17 to subparagraph (i) of this paragraph (a).
18 (b) Secured claims, including claims for taxes and
19 debts due the federal or any state or local government,
20 that are secured by liens perfected prior to the filing of
21 the complaint.
22 (c) Claims for wages actually owing to employees for
23 services rendered within 3 months prior to the date of the
24 filing of the complaint, not exceeding $1,000 to each
25 employee unless there are claims due the federal
26 government under paragraph (f), then the claims for wages

HB4498- 37 -LRB102 22839 RLC 31990 b
1 shall have a priority of distribution immediately
2 following that of federal claims under paragraph (f) and
3 immediately preceding claims of general creditors under
4 paragraph (g).
5 (d) Claims by policyholders, beneficiaries, and
6 insureds, under insurance policies, annuity contracts, and
7 funding agreements, liability claims against insureds
8 covered under insurance policies and insurance contracts
9 issued by the company, claims of obligees (and, subject to
10 the discretion of the receiver, completion contractors)
11 under surety bonds and surety undertakings (not to include
12 bail bonds, mortgage or financial guaranty, or other forms
13 of insurance offering protection against investment risk),
14 claims by principals under surety bonds and surety
15 undertakings for wrongful dissipation of collateral by the
16 insurer or its agents, and claims incurred during any
17 extension of coverage provided under subsection (5) of
18 Section 193, and claims of the Illinois Insurance Guaranty
19 Fund, the Illinois Life and Health Insurance Guaranty
20 Association, the Illinois Health Maintenance Organization
21 Guaranty Association, and any similar organization in
22 another state as prescribed in Section 545. For purposes
23 of this Section, "funding agreement" means an agreement
24 whereby an insurer authorized to write business under
25 Class 1 of Section 4 of this Code may accept and accumulate
26 funds and make one or more payments at future dates in

HB4498- 38 -LRB102 22839 RLC 31990 b
1 amounts that are not based upon mortality or morbidity
2 contingencies.
3 (e) Claims by policyholders, beneficiaries, and
4 insureds, the allowed values of which were determined by
5 estimation under paragraph (b) of subsection (4) of
6 Section 209.
7 (f) Any other claims due the federal government.
8 (g) All other claims of general creditors not falling
9 within any other priority under this Section including
10 claims for taxes and debts due any state or local
11 government which are not secured claims and claims for
12 attorneys' fees incurred by the company in contesting its
13 conservation, rehabilitation, or liquidation.
14 (h) Claims of guaranty fund certificate holders,
15 guaranty capital shareholders, capital note holders, and
16 surplus note holders.
17 (i) Proprietary claims of shareholders, members, or
18 other owners.
19 Every claim under a written agreement, statute, or rule
20providing that the assets in a separate account are not
21chargeable with the liabilities arising out of any other
22business of the insurer shall be satisfied out of the funded
23assets in the separate account equal to, but not to exceed, the
24reserves maintained in the separate account under the separate
25account agreement, and to the extent, if any, the claim is not
26fully discharged thereby, the remainder of the claim shall be

HB4498- 39 -LRB102 22839 RLC 31990 b
1treated as a priority level (d) claim under paragraph (d) of
2this subsection to the extent that reserves have been
3established in the insurer's general account pursuant to
4statute, rule, or the separate account agreement.
5 For purposes of this provision, "separate account
6policies, contracts, or agreements" means any policies,
7contracts, or agreements that provide for separate accounts as
8contemplated by Section 245.21.
9 To the extent that any assets of an insurer, other than
10those assets properly allocated to and maintained in a
11separate account, have been used to fund or pay any expenses,
12taxes, or policyholder benefits that are attributable to a
13separate account policy, contract, or agreement that should
14have been paid by a separate account prior to the commencement
15of receivership proceedings, then upon the commencement of
16receivership proceedings, the separate accounts that benefited
17from this payment or funding shall first be used to repay or
18reimburse the company's general assets or account for any
19unreimbursed net sums due at the commencement of receivership
20proceedings prior to the application of the separate account
21assets to the satisfaction of liabilities or the corresponding
22separate account policies, contracts, and agreements.
23 To the extent, if any, reserves or assets maintained in
24the separate account are in excess of the amounts needed to
25satisfy claims under the separate account contracts, the
26excess shall be treated as part of the general assets of the

HB4498- 40 -LRB102 22839 RLC 31990 b
1insurer's estate.
2 (2) Within 120 days after the issuance of an Order of
3Liquidation with a finding of insolvency against a domestic
4company, the Director shall make application to the court
5requesting authority to disburse funds to the Illinois
6Insurance Guaranty Fund, the Illinois Life and Health
7Insurance Guaranty Association, the Illinois Health
8Maintenance Organization Guaranty Association, and similar
9organizations in other states from time to time out of the
10company's marshaled assets as funds become available in
11amounts equal to disbursements made by the Illinois Insurance
12Guaranty Fund, the Illinois Life and Health Insurance Guaranty
13Association, the Illinois Health Maintenance Organization
14Guaranty Association, and similar organizations in other
15states for covered claims obligations on the presentation of
16evidence that such disbursements have been made by the
17Illinois Insurance Guaranty Fund, the Illinois Life and Health
18Insurance Guaranty Association, the Illinois Health
19Maintenance Organization Guaranty Association, and similar
20organizations in other states.
21 The Director shall establish procedures for the ratable
22allocation and distribution of disbursements to the Illinois
23Insurance Guaranty Fund, the Illinois Life and Health
24Insurance Guaranty Association, the Illinois Health
25Maintenance Organization Guaranty Association, and similar
26organizations in other states. In determining the amounts

HB4498- 41 -LRB102 22839 RLC 31990 b
1available for disbursement, the Director shall reserve
2sufficient assets for the payment of the expenses of
3administration described in paragraph (1)(a) of this Section.
4All funds available for disbursement after the establishment
5of the prescribed reserve shall be promptly distributed. As a
6condition to receipt of funds in reimbursement of covered
7claims obligations, the Director shall secure from the
8Illinois Insurance Guaranty Fund, the Illinois Life and Health
9Insurance Guaranty Association, the Illinois Health
10Maintenance Organization Guaranty Association, and each
11similar organization in other states, an agreement to return
12to the Director on demand funds previously received as may be
13required to pay claims of secured creditors and claims falling
14within the priorities established in paragraphs (a), (b), (c),
15and (d) of subsection (1) of this Section in accordance with
16such priorities.
17 (3) The changes made in this Section by this amendatory
18Act of the 100th General Assembly apply to all liquidation,
19rehabilitation, or conservation proceedings that are pending
20on the effective date of this amendatory Act of the 100th
21General Assembly and to all future liquidation,
22rehabilitation, or conservation proceedings.
23 (4) The provisions of this Section are severable under
24Section 1.31 of the Statute on Statutes.
25(Source: P.A. 100-410, eff. 8-25-17; 101-652.)

HB4498- 42 -LRB102 22839 RLC 31990 b
1 Section 45. The Illinois Gambling Act is amended by
2changing 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
6the contrary, the Board shall, on written request from any
7person, provide information furnished by an applicant or
8licensee concerning the applicant or licensee, his products,
9services or gambling enterprises and his business holdings, as
10follows:
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
16 and directors, if the entity is a corporation; the names
17 and addresses of all members, if the entity is a limited
18 liability company; the names and addresses of all
19 partners, both general and limited, if the entity is a
20 partnership; and the names and addresses of all
21 beneficiaries, if the entity is a trust. If an applicant
22 or licensee has a pending registration statement filed
23 with the Securities and Exchange Commission, only the
24 names of those persons or entities holding interest of 5%
25 or more must be provided.

HB4498- 43 -LRB102 22839 RLC 31990 b
1 (3) An identification of any business, including, if
2 applicable, the state of incorporation or registration, in
3 which an applicant or licensee or an applicant's or
4 licensee's spouse or children has an equity interest of
5 more than 1%. If an applicant or licensee is a
6 corporation, partnership or other business entity, the
7 applicant or licensee shall identify any other
8 corporation, partnership or business entity in which it
9 has an equity interest of 1% or more, including, if
10 applicable, the state of incorporation or registration.
11 This information need not be provided by a corporation,
12 partnership or other business entity that has a pending
13 registration statement filed with the Securities and
14 Exchange Commission.
15 (4) Whether an applicant or licensee has been
16 indicted, convicted, pleaded guilty or nolo contendere, or
17 pretrial release has been revoked forfeited bail
18 concerning any criminal offense under the laws of any
19 jurisdiction, either felony or misdemeanor (except for
20 traffic violations), including the date, the name and
21 location of the court, arresting agency and prosecuting
22 agency, the case number, the offense, the disposition and
23 the location and length of incarceration.
24 (5) Whether an applicant or licensee has had any
25 license or certificate issued by a licensing authority in
26 Illinois or any other jurisdiction denied, restricted,

HB4498- 44 -LRB102 22839 RLC 31990 b
1 suspended, revoked or not renewed and a statement
2 describing the facts and circumstances concerning the
3 denial, restriction, suspension, revocation or
4 non-renewal, including the licensing authority, the date
5 each such action was taken, and the reason for each such
6 action.
7 (6) Whether an applicant or licensee has ever filed or
8 had filed against it a proceeding in bankruptcy or has
9 ever been involved in any formal process to adjust, defer,
10 suspend or otherwise work out the payment of any debt
11 including the date of filing, the name and location of the
12 court, the case and number of the disposition.
13 (7) Whether an applicant or licensee has filed, or
14 been served with a complaint or other notice filed with
15 any public body, regarding the delinquency in the payment
16 of, or a dispute over the filings concerning the payment
17 of, any tax required under federal, State or local law,
18 including the amount, type of tax, the taxing agency and
19 time periods involved.
20 (8) A statement listing the names and titles of all
21 public officials or officers of any unit of government,
22 and relatives of said public officials or officers who,
23 directly or indirectly, own any financial interest in,
24 have any beneficial interest in, are the creditors of or
25 hold any debt instrument issued by, or hold or have any
26 interest in any contractual or service relationship with,

HB4498- 45 -LRB102 22839 RLC 31990 b
1 an applicant or licensee.
2 (9) Whether an applicant or licensee has made,
3 directly or indirectly, any political contribution, or any
4 loans, donations or other payments, to any candidate or
5 office holder, within 5 years from the date of filing the
6 application, including the amount and the method of
7 payment.
8 (10) The name and business telephone number of the
9 counsel representing an applicant or licensee in matters
10 before the Board.
11 (11) A description of any proposed or approved
12 gambling operation, including the type of boat, home dock,
13 or casino or gaming location, expected economic benefit to
14 the community, anticipated or actual number of employees,
15 any statement from an applicant or licensee regarding
16 compliance with federal and State affirmative action
17 guidelines, projected or actual admissions and projected
18 or actual adjusted gross gaming receipts.
19 (12) A description of the product or service to be
20 supplied by an applicant for a supplier's license.
21 (b) Notwithstanding any applicable statutory provision to
22the contrary, the Board shall, on written request from any
23person, also provide the following information:
24 (1) The amount of the wagering tax and admission tax
25 paid daily to the State of Illinois by the holder of an
26 owner's license.

HB4498- 46 -LRB102 22839 RLC 31990 b
1 (2) Whenever the Board finds an applicant for an
2 owner's license unsuitable for licensing, a copy of the
3 written letter outlining the reasons for the denial.
4 (3) Whenever the Board has refused to grant leave for
5 an applicant to withdraw his application, a copy of the
6 letter outlining the reasons for the refusal.
7 (c) Subject to the above provisions, the Board shall not
8disclose any information which would be barred by:
9 (1) Section 7 of the Freedom of Information Act; or
10 (2) The statutes, rules, regulations or
11 intergovernmental agreements of any jurisdiction.
12 (d) The Board may assess fees for the copying of
13information in accordance with Section 6 of the Freedom of
14Information Act.
15(Source: P.A. 101-31, eff. 6-28-19; 101-652.)
16 Section 50. The Illinois Vehicle Code is amended by
17changing Sections 6-204, 6-308, 6-500, 6-601, and 16-103 as
18follows:
19 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
20 Sec. 6-204. When court to forward license and reports.
21 (a) For the purpose of providing to the Secretary of State
22the records essential to the performance of the Secretary's
23duties under this Code to cancel, revoke or suspend the
24driver's license and privilege to drive motor vehicles of

HB4498- 47 -LRB102 22839 RLC 31990 b
1certain minors and of persons found guilty of the criminal
2offenses or traffic violations which this Code recognizes as
3evidence relating to unfitness to safely operate motor
4vehicles, the following duties are imposed upon public
5officials:
6 (1) Whenever any person is convicted of any offense
7 for which this Code makes mandatory the cancellation or
8 revocation of the driver's license or permit of such
9 person by the Secretary of State, the judge of the court in
10 which such conviction is had shall require the surrender
11 to the clerk of the court of all driver's licenses or
12 permits then held by the person so convicted, and the
13 clerk of the court shall, within 5 days thereafter,
14 forward the same, together with a report of such
15 conviction, to the Secretary.
16 (2) Whenever any person is convicted of any offense
17 under this Code or similar offenses under a municipal
18 ordinance, other than regulations governing standing,
19 parking or weights of vehicles, and excepting the
20 following enumerated Sections of this Code: Sections
21 11-1406 (obstruction to driver's view or control), 11-1407
22 (improper opening of door into traffic), 11-1410 (coasting
23 on downgrade), 11-1411 (following fire apparatus),
24 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
25 vehicle which is in unsafe condition or improperly
26 equipped), 12-201(a) (daytime lights on motorcycles),

HB4498- 48 -LRB102 22839 RLC 31990 b
1 12-202 (clearance, identification and side marker lamps),
2 12-204 (lamp or flag on projecting load), 12-205 (failure
3 to display the safety lights required), 12-401
4 (restrictions as to tire equipment), 12-502 (mirrors),
5 12-503 (windshields must be unobstructed and equipped with
6 wipers), 12-601 (horns and warning devices), 12-602
7 (mufflers, prevention of noise or smoke), 12-603 (seat
8 safety belts), 12-702 (certain vehicles to carry flares or
9 other warning devices), 12-703 (vehicles for oiling roads
10 operated on highways), 12-710 (splash guards and
11 replacements), 13-101 (safety tests), 15-101 (size, weight
12 and load), 15-102 (width), 15-103 (height), 15-104 (name
13 and address on second division vehicles), 15-107 (length
14 of vehicle), 15-109.1 (cover or tarpaulin), 15-111
15 (weights), 15-112 (weights), 15-301 (weights), 15-316
16 (weights), 15-318 (weights), and also excepting the
17 following enumerated Sections of the Chicago Municipal
18 Code: Sections 27-245 (following fire apparatus), 27-254
19 (obstruction of traffic), 27-258 (driving vehicle which is
20 in unsafe condition), 27-259 (coasting on downgrade),
21 27-264 (use of horns and signal devices), 27-265
22 (obstruction to driver's view or driver mechanism), 27-267
23 (dimming of headlights), 27-268 (unattended motor
24 vehicle), 27-272 (illegal funeral procession), 27-273
25 (funeral procession on boulevard), 27-275 (driving freight
26 hauling vehicles on boulevard), 27-276 (stopping and

HB4498- 49 -LRB102 22839 RLC 31990 b
1 standing of buses or taxicabs), 27-277 (cruising of public
2 passenger vehicles), 27-305 (parallel parking), 27-306
3 (diagonal parking), 27-307 (parking not to obstruct
4 traffic), 27-308 (stopping, standing or parking
5 regulated), 27-311 (parking regulations), 27-312 (parking
6 regulations), 27-313 (parking regulations), 27-314
7 (parking regulations), 27-315 (parking regulations),
8 27-316 (parking regulations), 27-317 (parking
9 regulations), 27-318 (parking regulations), 27-319
10 (parking regulations), 27-320 (parking regulations),
11 27-321 (parking regulations), 27-322 (parking
12 regulations), 27-324 (loading and unloading at an angle),
13 27-333 (wheel and axle loads), 27-334 (load restrictions
14 in the downtown district), 27-335 (load restrictions in
15 residential areas), 27-338 (width of vehicles), 27-339
16 (height of vehicles), 27-340 (length of vehicles), 27-352
17 (reflectors on trailers), 27-353 (mufflers), 27-354
18 (display of plates), 27-355 (display of city vehicle tax
19 sticker), 27-357 (identification of vehicles), 27-358
20 (projecting of loads), and also excepting the following
21 enumerated paragraphs of Section 2-201 of the Rules and
22 Regulations of the Illinois State Toll Highway Authority:
23 (l) (driving unsafe vehicle on tollway), (m) (vehicles
24 transporting dangerous cargo not properly indicated), it
25 shall be the duty of the clerk of the court in which such
26 conviction is had within 5 days thereafter to forward to

HB4498- 50 -LRB102 22839 RLC 31990 b
1 the Secretary of State a report of the conviction and the
2 court may recommend the suspension of the driver's license
3 or permit of the person so convicted.
4 The reporting requirements of this subsection shall
5 apply to all violations stated in paragraphs (1) and (2)
6 of this subsection when the individual has been
7 adjudicated under the Juvenile Court Act or the Juvenile
8 Court Act of 1987. Such reporting requirements shall also
9 apply to individuals adjudicated under the Juvenile Court
10 Act or the Juvenile Court Act of 1987 who have committed a
11 violation of Section 11-501 of this Code, or similar
12 provision of a local ordinance, or Section 9-3 of the
13 Criminal Code of 1961 or the Criminal Code of 2012,
14 relating to the offense of reckless homicide, or Section
15 5-7 of the Snowmobile Registration and Safety Act or
16 Section 5-16 of the Boat Registration and Safety Act,
17 relating to the offense of operating a snowmobile or a
18 watercraft while under the influence of alcohol, other
19 drug or drugs, intoxicating compound or compounds, or
20 combination thereof. These reporting requirements also
21 apply to individuals adjudicated under the Juvenile Court
22 Act of 1987 based on any offense determined to have been
23 committed in furtherance of the criminal activities of an
24 organized gang, as provided in Section 5-710 of that Act,
25 if those activities involved the operation or use of a
26 motor vehicle. It shall be the duty of the clerk of the

HB4498- 51 -LRB102 22839 RLC 31990 b
1 court in which adjudication is had within 5 days
2 thereafter to forward to the Secretary of State a report
3 of the adjudication and the court order requiring the
4 Secretary of State to suspend the minor's driver's license
5 and driving privilege for such time as determined by the
6 court, but only until he or she attains the age of 18
7 years. All juvenile court dispositions reported to the
8 Secretary of State under this provision shall be processed
9 by the Secretary of State as if the cases had been
10 adjudicated in traffic or criminal court. However,
11 information reported relative to the offense of reckless
12 homicide, or Section 11-501 of this Code, or a similar
13 provision of a local ordinance, shall be privileged and
14 available only to the Secretary of State, courts, and
15 police officers.
16 The reporting requirements of this subsection (a)
17 apply to all violations listed in paragraphs (1) and (2)
18 of this subsection (a), excluding parking violations, when
19 the driver holds a CLP or CDL, regardless of the type of
20 vehicle in which the violation occurred, or when any
21 driver committed the violation in a commercial motor
22 vehicle as defined in Section 6-500 of this Code.
23 (3) Whenever an order is entered vacating the
24 conditions of pretrial release forfeiture of any bail,
25 security, or bond given to secure appearance for any
26 offense under this Code or similar offenses under

HB4498- 52 -LRB102 22839 RLC 31990 b
1 municipal ordinance, it shall be the duty of the clerk of
2 the court in which such vacation was had or the judge of
3 such court if such court has no clerk, within 5 days
4 thereafter to forward to the Secretary of State a report
5 of the vacation.
6 (4) A report of any disposition of court supervision
7 for a violation of Sections 6-303, 11-401, 11-501 or a
8 similar provision of a local ordinance, 11-503, 11-504,
9 and 11-506 of this Code, Section 5-7 of the Snowmobile
10 Registration and Safety Act, and Section 5-16 of the Boat
11 Registration and Safety Act shall be forwarded to the
12 Secretary of State. A report of any disposition of court
13 supervision for a violation of an offense defined as a
14 serious traffic violation in this Code or a similar
15 provision of a local ordinance committed by a person under
16 the age of 21 years shall be forwarded to the Secretary of
17 State.
18 (5) Reports of conviction under this Code and
19 sentencing hearings under the Juvenile Court Act of 1987
20 in an electronic format or a computer processible medium
21 shall be forwarded to the Secretary of State via the
22 Supreme Court in the form and format required by the
23 Illinois Supreme Court and established by a written
24 agreement between the Supreme Court and the Secretary of
25 State. In counties with a population over 300,000, instead
26 of forwarding reports to the Supreme Court, reports of

HB4498- 53 -LRB102 22839 RLC 31990 b
1 conviction under this Code and sentencing hearings under
2 the Juvenile Court Act of 1987 in an electronic format or a
3 computer processible medium may be forwarded to the
4 Secretary of State by the Circuit Court Clerk in a form and
5 format required by the Secretary of State and established
6 by written agreement between the Circuit Court Clerk and
7 the Secretary of State. Failure to forward the reports of
8 conviction or sentencing hearing under the Juvenile Court
9 Act of 1987 as required by this Section shall be deemed an
10 omission of duty and it shall be the duty of the several
11 State's Attorneys to enforce the requirements of this
12 Section.
13 (b) Whenever a restricted driving permit is forwarded to a
14court, as a result of confiscation by a police officer
15pursuant to the authority in Section 6-113(f), it shall be the
16duty of the clerk, or judge, if the court has no clerk, to
17forward such restricted driving permit and a facsimile of the
18officer's citation to the Secretary of State as expeditiously
19as practicable.
20 (c) For the purposes of this Code, a violation of the
21conditions of pretrial release forfeiture of bail or
22collateral deposited to secure a defendant's appearance in
23court when the conditions of pretrial release have forfeiture
24has not been vacated, or the failure of a defendant to appear
25for trial after depositing his driver's license in lieu of
26other bail, shall be equivalent to a conviction.

HB4498- 54 -LRB102 22839 RLC 31990 b
1 (d) For the purpose of providing the Secretary of State
2with records necessary to properly monitor and assess driver
3performance and assist the courts in the proper disposition of
4repeat traffic law offenders, the clerk of the court shall
5forward to the Secretary of State, on a form prescribed by the
6Secretary, records of a driver's participation in a driver
7remedial or rehabilitative program which was required, through
8a court order or court supervision, in relation to the
9driver's arrest for a violation of Section 11-501 of this Code
10or a similar provision of a local ordinance. The clerk of the
11court shall also forward to the Secretary, either on paper or
12in an electronic format or a computer processible medium as
13required under paragraph (5) of subsection (a) of this
14Section, any disposition of court supervision for any traffic
15violation, excluding those offenses listed in paragraph (2) of
16subsection (a) of this Section. These reports shall be sent
17within 5 days after disposition, or, if the driver is referred
18to a driver remedial or rehabilitative program, within 5 days
19of the driver's referral to that program. These reports
20received by the Secretary of State, including those required
21to be forwarded under paragraph (a)(4), shall be privileged
22information, available only (i) to the affected driver, (ii)
23to the parent or guardian of a person under the age of 18 years
24holding an instruction permit or a graduated driver's license,
25and (iii) for use by the courts, police officers, prosecuting
26authorities, the Secretary of State, and the driver licensing

HB4498- 55 -LRB102 22839 RLC 31990 b
1administrator of any other state. In accordance with 49 C.F.R.
2Part 384, all reports of court supervision, except violations
3related to parking, shall be forwarded to the Secretary of
4State for all holders of a CLP or CDL or any driver who commits
5an offense while driving a commercial motor vehicle. These
6reports shall be recorded to the driver's record as a
7conviction for use in the disqualification of the driver's
8commercial motor vehicle privileges and shall not be
9privileged information.
10(Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20;
11101-652.)
12 (625 ILCS 5/6-308)
13 Sec. 6-308. Procedures for traffic violations.
14 (a) Any person cited for violating this Code or a similar
15provision of a local ordinance for which a violation is a petty
16offense as defined by Section 5-1-17 of the Unified Code of
17Corrections, excluding business offenses as defined by Section
185-1-2 of the Unified Code of Corrections or a violation of
19Section 15-111 or subsection (d) of Section 3-401 of this
20Code, shall not be required to sign the citation or post bond
21to secure bail for his or her release. All other provisions of
22this Code or similar provisions of local ordinances shall be
23governed by the pretrial release bail provisions of the
24Illinois Supreme Court Rules when it is not practical or
25feasible to take the person before a judge to have conditions

HB4498- 56 -LRB102 22839 RLC 31990 b
1of pretrial release bail set or to avoid undue delay because of
2the hour or circumstances.
3 (b) Whenever a person fails to appear in court, the court
4may continue the case for a minimum of 30 days and the clerk of
5the court shall send notice of the continued court date to the
6person's last known address. If the person does not appear in
7court on or before the continued court date or satisfy the
8court that the person's appearance in and surrender to the
9court is impossible for no fault of the person, the court shall
10enter an order of failure to appear. The clerk of the court
11shall notify the Secretary of State, on a report prescribed by
12the Secretary, of the court's order. The Secretary, when
13notified by the clerk of the court that an order of failure to
14appear has been entered, shall immediately suspend the
15person's driver's license, which shall be designated by the
16Secretary as a Failure to Appear suspension. The Secretary
17shall not remove the suspension, nor issue any permit or
18privileges to the person whose license has been suspended,
19until notified by the ordering court that the person has
20appeared and resolved the violation. Upon compliance, the
21clerk of the court shall present the person with a notice of
22compliance containing the seal of the court, and shall notify
23the Secretary that the person has appeared and resolved the
24violation.
25 (c) Illinois Supreme Court Rules shall govern pretrial
26release bail and appearance procedures when a person who is a

HB4498- 57 -LRB102 22839 RLC 31990 b
1resident of another state that is not a member of the
2Nonresident Violator Compact of 1977 is cited for violating
3this Code or a similar provision of a local ordinance.
4(Source: P.A. 100-674, eff. 1-1-19; 101-652.)
5 (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
6 Sec. 6-500. Definitions of words and phrases.
7Notwithstanding the definitions set forth elsewhere in this
8Code, for purposes of the Uniform Commercial Driver's License
9Act (UCDLA), the words and phrases listed below have the
10meanings ascribed to them as follows:
11 (1) Alcohol. "Alcohol" means any substance containing any
12form of alcohol, including but not limited to ethanol,
13methanol, propanol, and isopropanol.
14 (2) Alcohol concentration. "Alcohol concentration" means:
15 (A) the number of grams of alcohol per 210 liters of
16 breath; or
17 (B) the number of grams of alcohol per 100 milliliters
18 of blood; or
19 (C) the number of grams of alcohol per 67 milliliters
20 of urine.
21 Alcohol tests administered within 2 hours of the driver
22being "stopped or detained" shall be considered that driver's
23"alcohol concentration" for the purposes of enforcing this
24UCDLA.
25 (3) (Blank).

HB4498- 58 -LRB102 22839 RLC 31990 b
1 (4) (Blank).
2 (5) (Blank).
3 (5.3) CDLIS driver record. "CDLIS driver record" means the
4electronic record of the individual CDL driver's status and
5history stored by the State-of-Record as part of the
6Commercial Driver's License Information System, or CDLIS,
7established under 49 U.S.C. 31309.
8 (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
9record" or "CDLIS MVR" means a report generated from the CDLIS
10driver record meeting the requirements for access to CDLIS
11information and provided by states to users authorized in 49
12C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
13Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
14 (5.7) Commercial driver's license downgrade. "Commercial
15driver's license downgrade" or "CDL downgrade" means either:
16 (A) a state allows the driver to change his or her
17 self-certification to interstate, but operating
18 exclusively in transportation or operation excepted from
19 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
20 391.2, 391.68, or 398.3;
21 (B) a state allows the driver to change his or her
22 self-certification to intrastate only, if the driver
23 qualifies under that state's physical qualification
24 requirements for intrastate only;
25 (C) a state allows the driver to change his or her
26 certification to intrastate, but operating exclusively in

HB4498- 59 -LRB102 22839 RLC 31990 b
1 transportation or operations excepted from all or part of
2 the state driver qualification requirements; or
3 (D) a state removes the CDL privilege from the driver
4 license.
5 (6) Commercial Motor Vehicle.
6 (A) "Commercial motor vehicle" or "CMV" means a motor
7 vehicle or combination of motor vehicles used in commerce,
8 except those referred to in subdivision (B), designed to
9 transport passengers or property if the motor vehicle:
10 (i) has a gross combination weight rating or gross
11 combination weight of 11,794 kilograms or more (26,001
12 pounds or more), whichever is greater, inclusive of
13 any towed unit with a gross vehicle weight rating or
14 gross vehicle weight of more than 4,536 kilograms
15 (10,000 pounds), whichever is greater; or
16 (i-5) has a gross vehicle weight rating or gross
17 vehicle weight of 11,794 or more kilograms (26,001
18 pounds or more), whichever is greater; or
19 (ii) is designed to transport 16 or more persons,
20 including the driver; or
21 (iii) is of any size and is used in transporting
22 hazardous materials as defined in 49 C.F.R. 383.5.
23 (B) Pursuant to the interpretation of the Commercial
24 Motor Vehicle Safety Act of 1986 by the Federal Highway
25 Administration, the definition of "commercial motor
26 vehicle" does not include:

HB4498- 60 -LRB102 22839 RLC 31990 b
1 (i) recreational vehicles, when operated primarily
2 for personal use;
3 (ii) vehicles owned by or operated under the
4 direction of the United States Department of Defense
5 or the United States Coast Guard only when operated by
6 non-civilian personnel. This includes any operator on
7 active military duty; members of the Reserves;
8 National Guard; personnel on part-time training; and
9 National Guard military technicians (civilians who are
10 required to wear military uniforms and are subject to
11 the Code of Military Justice); or
12 (iii) firefighting, police, and other emergency
13 equipment (including, without limitation, equipment
14 owned or operated by a HazMat or technical rescue team
15 authorized by a county board under Section 5-1127 of
16 the Counties Code), with audible and visual signals,
17 owned or operated by or for a governmental entity,
18 which is necessary to the preservation of life or
19 property or the execution of emergency governmental
20 functions which are normally not subject to general
21 traffic rules and regulations.
22 (7) Controlled Substance. "Controlled substance" shall
23have the same meaning as defined in Section 102 of the Illinois
24Controlled Substances Act, and shall also include cannabis as
25defined in Section 3 of the Cannabis Control Act and
26methamphetamine as defined in Section 10 of the

HB4498- 61 -LRB102 22839 RLC 31990 b
1Methamphetamine Control and Community Protection Act.
2 (8) Conviction. "Conviction" means an unvacated
3adjudication of guilt or a determination that a person has
4violated or failed to comply with the law in a court of
5original jurisdiction or by an authorized administrative
6tribunal; an unvacated revocation of pretrial release or
7forfeiture of bail or collateral deposited to secure the
8person's appearance in court; a plea of guilty or nolo
9contendere accepted by the court; the payment of a fine or
10court cost regardless of whether the imposition of sentence is
11deferred and ultimately a judgment dismissing the underlying
12charge is entered; or a violation of a condition of pretrial
13release without bail, regardless of whether or not the penalty
14is rebated, suspended or probated.
15 (8.5) Day. "Day" means calendar day.
16 (9) (Blank).
17 (10) (Blank).
18 (11) (Blank).
19 (12) (Blank).
20 (13) Driver. "Driver" means any person who drives,
21operates, or is in physical control of a commercial motor
22vehicle, any person who is required to hold a CDL, or any
23person who is a holder of a CDL while operating a
24non-commercial motor vehicle.
25 (13.5) Driver applicant. "Driver applicant" means an
26individual who applies to a state or other jurisdiction to

HB4498- 62 -LRB102 22839 RLC 31990 b
1obtain, transfer, upgrade, or renew a CDL or to obtain or renew
2a CLP.
3 (13.8) Electronic device. "Electronic device" includes,
4but is not limited to, a cellular telephone, personal digital
5assistant, pager, computer, or any other device used to input,
6write, send, receive, or read text.
7 (14) Employee. "Employee" means a person who is employed
8as a commercial motor vehicle driver. A person who is
9self-employed as a commercial motor vehicle driver must comply
10with the requirements of this UCDLA pertaining to employees.
11An owner-operator on a long-term lease shall be considered an
12employee.
13 (15) Employer. "Employer" means a person (including the
14United States, a State or a local authority) who owns or leases
15a commercial motor vehicle or assigns employees to operate
16such a vehicle. A person who is self-employed as a commercial
17motor vehicle driver must comply with the requirements of this
18UCDLA.
19 (15.1) Endorsement. "Endorsement" means an authorization
20to an individual's CLP or CDL required to permit the
21individual to operate certain types of commercial motor
22vehicles.
23 (15.2) Entry-level driver training. "Entry-level driver
24training" means the training an entry-level driver receives
25from an entity listed on the Federal Motor Carrier Safety
26Administration's Training Provider Registry prior to: (i)

HB4498- 63 -LRB102 22839 RLC 31990 b
1taking the CDL skills test required to receive the Class A or
2Class B CDL for the first time; (ii) taking the CDL skills test
3required to upgrade to a Class A or Class B CDL; or (iii)
4taking the CDL skills test required to obtain a passenger or
5school bus endorsement for the first time or the CDL knowledge
6test required to obtain a hazardous materials endorsement for
7the first time.
8 (15.3) Excepted interstate. "Excepted interstate" means a
9person who operates or expects to operate in interstate
10commerce, but engages exclusively in transportation or
11operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
12or 398.3 from all or part of the qualification requirements of
1349 C.F.R. Part 391 and is not required to obtain a medical
14examiner's certificate by 49 C.F.R. 391.45.
15 (15.5) Excepted intrastate. "Excepted intrastate" means a
16person who operates in intrastate commerce but engages
17exclusively in transportation or operations excepted from all
18or parts of the state driver qualification requirements.
19 (16) (Blank).
20 (16.5) Fatality. "Fatality" means the death of a person as
21a result of a motor vehicle accident.
22 (16.7) Foreign commercial driver. "Foreign commercial
23driver" means a person licensed to operate a commercial motor
24vehicle by an authority outside the United States, or a
25citizen of a foreign country who operates a commercial motor
26vehicle in the United States.

HB4498- 64 -LRB102 22839 RLC 31990 b
1 (17) Foreign jurisdiction. "Foreign jurisdiction" means a
2sovereign jurisdiction that does not fall within the
3definition of "State".
4 (18) (Blank).
5 (19) (Blank).
6 (20) Hazardous materials. "Hazardous material" means any
7material that has been designated under 49 U.S.C. 5103 and is
8required to be placarded under subpart F of 49 C.F.R. part 172
9or any quantity of a material listed as a select agent or toxin
10in 42 C.F.R. part 73.
11 (20.5) Imminent Hazard. "Imminent hazard" means the
12existence of any condition of a vehicle, employee, or
13commercial motor vehicle operations that substantially
14increases the likelihood of serious injury or death if not
15discontinued immediately; or a condition relating to hazardous
16material that presents a substantial likelihood that death,
17serious illness, severe personal injury, or a substantial
18endangerment to health, property, or the environment may occur
19before the reasonably foreseeable completion date of a formal
20proceeding begun to lessen the risk of that death, illness,
21injury or endangerment.
22 (20.6) Issuance. "Issuance" means initial issuance,
23transfer, renewal, or upgrade of a CLP or CDL and
24non-domiciled CLP or CDL.
25 (20.7) Issue. "Issue" means initial issuance, transfer,
26renewal, or upgrade of a CLP or CDL and non-domiciled CLP or

HB4498- 65 -LRB102 22839 RLC 31990 b
1non-domiciled CDL.
2 (21) Long-term lease. "Long-term lease" means a lease of a
3commercial motor vehicle by the owner-lessor to a lessee, for
4a period of more than 29 days.
5 (21.01) Manual transmission. "Manual transmission" means a
6transmission utilizing a driver-operated clutch that is
7activated by a pedal or lever and a gear-shift mechanism
8operated either by hand or foot including those known as a
9stick shift, stick, straight drive, or standard transmission.
10All other transmissions, whether semi-automatic or automatic,
11shall be considered automatic for the purposes of the
12standardized restriction code.
13 (21.1) Medical examiner. "Medical examiner" means an
14individual certified by the Federal Motor Carrier Safety
15Administration and listed on the National Registry of
16Certified Medical Examiners in accordance with Federal Motor
17Carrier Safety Regulations, 49 CFR 390.101 et seq.
18 (21.2) Medical examiner's certificate. "Medical examiner's
19certificate" means either (1) prior to June 22, 2021, a
20document prescribed or approved by the Secretary of State that
21is issued by a medical examiner to a driver to medically
22qualify him or her to drive; or (2) beginning June 22, 2021, an
23electronic submission of results of an examination conducted
24by a medical examiner listed on the National Registry of
25Certified Medical Examiners to the Federal Motor Carrier
26Safety Administration of a driver to medically qualify him or

HB4498- 66 -LRB102 22839 RLC 31990 b
1her to drive.
2 (21.5) Medical variance. "Medical variance" means a driver
3has received one of the following from the Federal Motor
4Carrier Safety Administration which allows the driver to be
5issued a medical certificate: (1) an exemption letter
6permitting operation of a commercial motor vehicle pursuant to
749 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
8skill performance evaluation (SPE) certificate permitting
9operation of a commercial motor vehicle pursuant to 49 C.F.R.
10391.49.
11 (21.7) Mobile telephone. "Mobile telephone" means a mobile
12communication device that falls under or uses any commercial
13mobile radio service, as defined in regulations of the Federal
14Communications Commission, 47 CFR 20.3. It does not include
15two-way or citizens band radio services.
16 (22) Motor Vehicle. "Motor vehicle" means every vehicle
17which is self-propelled, and every vehicle which is propelled
18by electric power obtained from over head trolley wires but
19not operated upon rails, except vehicles moved solely by human
20power and motorized wheel chairs.
21 (22.2) Motor vehicle record. "Motor vehicle record" means
22a report of the driving status and history of a driver
23generated from the driver record provided to users, such as
24drivers or employers, and is subject to the provisions of the
25Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
26 (22.5) Non-CMV. "Non-CMV" means a motor vehicle or

HB4498- 67 -LRB102 22839 RLC 31990 b
1combination of motor vehicles not defined by the term
2"commercial motor vehicle" or "CMV" in this Section.
3 (22.7) Non-excepted interstate. "Non-excepted interstate"
4means a person who operates or expects to operate in
5interstate commerce, is subject to and meets the qualification
6requirements under 49 C.F.R. Part 391, and is required to
7obtain a medical examiner's certificate by 49 C.F.R. 391.45.
8 (22.8) Non-excepted intrastate. "Non-excepted intrastate"
9means a person who operates only in intrastate commerce and is
10subject to State driver qualification requirements.
11 (23) Non-domiciled CLP or Non-domiciled CDL.
12"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
13respectively, issued by a state or other jurisdiction under
14either of the following two conditions:
15 (i) to an individual domiciled in a foreign country
16 meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
17 of the Federal Motor Carrier Safety Administration.
18 (ii) to an individual domiciled in another state
19 meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
20 of the Federal Motor Carrier Safety Administration.
21 (24) (Blank).
22 (25) (Blank).
23 (25.5) Railroad-Highway Grade Crossing Violation.
24"Railroad-highway grade crossing violation" means a violation,
25while operating a commercial motor vehicle, of any of the
26following:

HB4498- 68 -LRB102 22839 RLC 31990 b
1 (A) Section 11-1201, 11-1202, or 11-1425 of this Code.
2 (B) Any other similar law or local ordinance of any
3 state relating to railroad-highway grade crossing.
4 (25.7) School Bus. "School bus" means a commercial motor
5vehicle used to transport pre-primary, primary, or secondary
6school students from home to school, from school to home, or to
7and from school-sponsored events. "School bus" does not
8include a bus used as a common carrier.
9 (26) Serious Traffic Violation. "Serious traffic
10violation" means:
11 (A) a conviction when operating a commercial motor
12 vehicle, or when operating a non-CMV while holding a CLP
13 or CDL, of:
14 (i) a violation relating to excessive speeding,
15 involving a single speeding charge of 15 miles per
16 hour or more above the legal speed limit; or
17 (ii) a violation relating to reckless driving; or
18 (iii) a violation of any State law or local
19 ordinance relating to motor vehicle traffic control
20 (other than parking violations) arising in connection
21 with a fatal traffic accident; or
22 (iv) a violation of Section 6-501, relating to
23 having multiple driver's licenses; or
24 (v) a violation of paragraph (a) of Section 6-507,
25 relating to the requirement to have a valid CLP or CDL;
26 or

HB4498- 69 -LRB102 22839 RLC 31990 b
1 (vi) a violation relating to improper or erratic
2 traffic lane changes; or
3 (vii) a violation relating to following another
4 vehicle too closely; or
5 (viii) a violation relating to texting while
6 driving; or
7 (ix) a violation relating to the use of a
8 hand-held mobile telephone while driving; or
9 (B) any other similar violation of a law or local
10 ordinance of any state relating to motor vehicle traffic
11 control, other than a parking violation, which the
12 Secretary of State determines by administrative rule to be
13 serious.
14 (27) State. "State" means a state of the United States,
15the District of Columbia and any province or territory of
16Canada.
17 (28) (Blank).
18 (29) (Blank).
19 (30) (Blank).
20 (31) (Blank).
21 (32) Texting. "Texting" means manually entering
22alphanumeric text into, or reading text from, an electronic
23device.
24 (1) Texting includes, but is not limited to, short
25 message service, emailing, instant messaging, a command or
26 request to access a World Wide Web page, pressing more

HB4498- 70 -LRB102 22839 RLC 31990 b
1 than a single button to initiate or terminate a voice
2 communication using a mobile telephone, or engaging in any
3 other form of electronic text retrieval or entry for
4 present or future communication.
5 (2) Texting does not include:
6 (i) inputting, selecting, or reading information
7 on a global positioning system or navigation system;
8 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
19skills test examiner" means a person employed by a third party
20tester who is authorized by the State to administer the CDL
21skills tests specified in 49 C.F.R. Part 383, subparts G and H.
22 (32.5) Third party tester. "Third party tester" means a
23person (including, but not limited to, another state, a motor
24carrier, a private driver training facility or other private
25institution, or a department, agency, or instrumentality of a
26local government) authorized by the State to employ skills

HB4498- 71 -LRB102 22839 RLC 31990 b
1test examiners to administer the CDL skills tests specified in
249 C.F.R. Part 383, subparts G and H.
3 (32.7) United States. "United States" means the 50 states
4and the District of Columbia.
5 (33) Use a hand-held mobile telephone. "Use a hand-held
6mobile 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
10 pressing 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
15 and 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;
18101-652.)
19 (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
20 Sec. 6-601. Penalties.
21 (a) It is a petty offense for any person to violate any of
22the provisions of this Chapter unless such violation is by
23this Code or other law of this State declared to be a
24misdemeanor or a felony.
25 (b) General penalties. Unless another penalty is in this

HB4498- 72 -LRB102 22839 RLC 31990 b
1Code or other laws of this State, every person convicted of a
2petty offense for the violation of any provision of this
3Chapter shall be punished by a fine of not more than $500.
4 (c) Unlicensed driving. Except as hereinafter provided a
5violation of Section 6-101 shall be:
6 1. A Class A misdemeanor if the person failed to
7 obtain a driver's license or permit after expiration of a
8 period of revocation.
9 2. A Class B misdemeanor if the person has been issued
10 a driver's license or permit, which has expired, and if
11 the period of expiration is greater than one year; or if
12 the person has never been issued a driver's license or
13 permit, or is not qualified to obtain a driver's license
14 or permit because of his age.
15 3. A petty offense if the person has been issued a
16 temporary visitor's driver's license or permit and is
17 unable to provide proof of liability insurance as provided
18 in subsection (d-5) of Section 6-105.1.
19 If a licensee under this Code is convicted of violating
20Section 6-303 for operating a motor vehicle during a time when
21such licensee's driver's license was suspended under the
22provisions of Section 6-306.3 or 6-308, then such act shall be
23a petty offense (provided the licensee has answered the charge
24which was the basis of the suspension under Section 6-306.3 or
256-308), and there shall be imposed no additional like period
26of suspension as provided in paragraph (b) of Section 6-303.

HB4498- 73 -LRB102 22839 RLC 31990 b
1 (d) For violations of this Code or a similar provision of a
2local ordinance for which a violation is a petty offense as
3defined by Section 5-1-17 of the Unified Code of Corrections,
4excluding business offenses as defined by Section 5-1-2 of the
5Unified Code of Corrections or a violation of Section 15-111
6or subsection (d) of Section 3-401 of this Code, if the
7violation may be satisfied without a court appearance, the
8violator may, pursuant to Supreme Court Rule, satisfy the case
9with a written plea of guilty and payment of fines, penalties,
10and costs as equal to the bail amount established by the
11Supreme Court for the offense.
12(Source: P.A. 97-1157, eff. 11-28-13; 98-870, eff. 1-1-15;
1398-1134, eff. 1-1-15; 101-652.)
14 (625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)
15 Sec. 16-103. Arrest outside county where violation
16committed.
17 Whenever a defendant is arrested upon a warrant charging a
18violation of this Act in a county other than that in which such
19warrant was issued, the arresting officer, immediately upon
20the request of the defendant, shall take such defendant before
21a circuit judge or associate circuit judge in the county in
22which the arrest was made who shall admit the defendant to
23pretrial release bail for his appearance before the court
24named in the warrant. On setting the conditions of pretrial
25release taking such bail the circuit judge or associate

HB4498- 74 -LRB102 22839 RLC 31990 b
1circuit judge shall certify such fact on the warrant and
2deliver the warrant and conditions of pretrial release
3undertaking of bail or other security, or the drivers license
4of such defendant if deposited, under the law relating to such
5licenses, in lieu of such security, to the officer having
6charge of the defendant. Such officer shall then immediately
7discharge the defendant from arrest and without delay deliver
8such warrant and such acknowledgment by the defendant of his
9or her receiving the conditions of pretrial release
10undertaking of bail, or other security or drivers license to
11the court before which the defendant is required to appear.
12(Source: P.A. 77-1280; 101-652.)
13 Section 55. The Snowmobile Registration and Safety Act is
14amended by changing Section 5-7 as follows:
15 (625 ILCS 40/5-7)
16 (Text of Section before amendment by P.A. 101-652)
17 Sec. 5-7. Operating a snowmobile while under the influence
18of alcohol or other drug or drugs, intoxicating compound or
19compounds, or a combination of them; criminal penalties;
20suspension of operating privileges.
21 (a) A person may not operate or be in actual physical
22control of a snowmobile within this State while:
23 1. The alcohol concentration in that person's blood,
24 other bodily substance, or breath is a concentration at

HB4498- 75 -LRB102 22839 RLC 31990 b
1 which driving a motor vehicle is prohibited under
2 subdivision (1) of subsection (a) of Section 11-501 of the
3 Illinois Vehicle Code;
4 2. The person is under the influence of alcohol;
5 3. The person is under the influence of any other drug
6 or combination of drugs to a degree that renders that
7 person incapable of safely operating a snowmobile;
8 3.1. The person is under the influence of any
9 intoxicating compound or combination of intoxicating
10 compounds to a degree that renders the person incapable of
11 safely operating a snowmobile;
12 4. The person is under the combined influence of
13 alcohol and any other drug or drugs or intoxicating
14 compound or compounds to a degree that renders that person
15 incapable of safely operating a snowmobile;
16 4.3. The person who is not a CDL holder has a
17 tetrahydrocannabinol concentration in the person's whole
18 blood or other bodily substance at which driving a motor
19 vehicle is prohibited under subdivision (7) of subsection
20 (a) of Section 11-501 of the Illinois Vehicle Code;
21 4.5. The person who is a CDL holder has any amount of a
22 drug, substance, or compound in the person's breath,
23 blood, other bodily substance, or urine resulting from the
24 unlawful use or consumption of cannabis listed in the
25 Cannabis Control Act; or
26 5. There is any amount of a drug, substance, or

HB4498- 76 -LRB102 22839 RLC 31990 b
1 compound in that person's breath, blood, other bodily
2 substance, or urine resulting from the unlawful use or
3 consumption of a controlled substance listed in the
4 Illinois Controlled Substances Act, methamphetamine as
5 listed in the Methamphetamine Control and Community
6 Protection Act, or intoxicating compound listed in the use
7 of Intoxicating Compounds Act.
8 (b) The fact that a person charged with violating this
9Section is or has been legally entitled to use alcohol, other
10drug or drugs, any intoxicating compound or compounds, or any
11combination of them does not constitute a defense against a
12charge of violating this Section.
13 (c) Every person convicted of violating this Section or a
14similar provision of a local ordinance is guilty of a Class A
15misdemeanor, except as otherwise provided in this Section.
16 (c-1) As used in this Section, "first time offender" means
17any person who has not had a previous conviction or been
18assigned supervision for violating this Section or a similar
19provision of a local ordinance, or any person who has not had a
20suspension imposed under subsection (e) of Section 5-7.1.
21 (c-2) For purposes of this Section, the following are
22equivalent to a conviction:
23 (1) a forfeiture of bail or collateral deposited to
24 secure a defendant's appearance in court when forfeiture
25 has not been vacated; or
26 (2) the failure of a defendant to appear for trial.

HB4498- 77 -LRB102 22839 RLC 31990 b
1 (d) Every person convicted of violating this Section is
2guilty of a Class 4 felony if:
3 1. The person has a previous conviction under this
4 Section;
5 2. The offense results in personal injury where a
6 person other than the operator suffers great bodily harm
7 or permanent disability or disfigurement, when the
8 violation was a proximate cause of the injuries. A person
9 guilty of a Class 4 felony under this paragraph 2, if
10 sentenced to a term of imprisonment, shall be sentenced to
11 not less than one year nor more than 12 years; or
12 3. The offense occurred during a period in which the
13 person's privileges to operate a snowmobile are revoked or
14 suspended, and the revocation or suspension was for a
15 violation of this Section or was imposed under Section
16 5-7.1.
17 (e) Every person convicted of violating this Section is
18guilty of a Class 2 felony if the offense results in the death
19of a person. A person guilty of a Class 2 felony under this
20subsection (e), if sentenced to a term of imprisonment, shall
21be sentenced to a term of not less than 3 years and not more
22than 14 years.
23 (e-1) Every person convicted of violating this Section or
24a similar provision of a local ordinance who had a child under
25the age of 16 on board the snowmobile at the time of offense
26shall be subject to a mandatory minimum fine of $500 and shall

HB4498- 78 -LRB102 22839 RLC 31990 b
1be subject to a mandatory minimum of 5 days of community
2service in a program benefiting children. The assignment under
3this subsection shall not be subject to suspension nor shall
4the person be eligible for probation in order to reduce the
5assignment.
6 (e-2) Every person found guilty of violating this Section,
7whose operation of a snowmobile while in violation of this
8Section proximately caused any incident resulting in an
9appropriate emergency response, shall be liable for the
10expense of an emergency response as provided in subsection (i)
11of Section 11-501.01 of the Illinois Vehicle Code.
12 (e-3) In addition to any other penalties and liabilities,
13a person who is found guilty of violating this Section,
14including any person placed on court supervision, shall be
15fined $100, payable to the circuit clerk, who shall distribute
16the money to the law enforcement agency that made the arrest or
17as provided in subsection (c) of Section 10-5 of the Criminal
18and Traffic Assessment Act if the arresting agency is a State
19agency, unless more than one agency is responsible for the
20arrest, in which case the amount shall be remitted to each unit
21of government equally. Any moneys received by a law
22enforcement agency under this subsection (e-3) shall be used
23to purchase law enforcement equipment or to provide law
24enforcement training that will assist in the prevention of
25alcohol related criminal violence throughout the State. Law
26enforcement equipment shall include, but is not limited to,

HB4498- 79 -LRB102 22839 RLC 31990 b
1in-car video cameras, radar and laser speed detection devices,
2and alcohol breath testers.
3 (f) In addition to any criminal penalties imposed, the
4Department of Natural Resources shall suspend the snowmobile
5operation privileges of a person convicted or found guilty of
6a misdemeanor under this Section for a period of one year,
7except that first-time offenders are exempt from this
8mandatory one-year one year suspension.
9 (g) In addition to any criminal penalties imposed, the
10Department of Natural Resources shall suspend for a period of
115 years the snowmobile operation privileges of any person
12convicted or found guilty of a felony under this Section.
13(Source: P.A. 102-145, eff. 7-23-21; revised 8-5-21.)
14 (Text of Section after amendment by P.A. 101-652)
15 Sec. 5-7. Operating a snowmobile while under the influence
16of alcohol or other drug or drugs, intoxicating compound or
17compounds, or a combination of them; criminal penalties;
18suspension of operating privileges.
19 (a) A person may not operate or be in actual physical
20control of a snowmobile within this State while:
21 1. The alcohol concentration in that person's blood,
22 other bodily substance, or breath is a concentration at
23 which driving a motor vehicle is prohibited under
24 subdivision (1) of subsection (a) of Section 11-501 of the
25 Illinois Vehicle Code;

HB4498- 80 -LRB102 22839 RLC 31990 b
1 2. The person is under the influence of alcohol;
2 3. The person is under the influence of any other drug
3 or combination of drugs to a degree that renders that
4 person incapable of safely operating a snowmobile;
5 3.1. The person is under the influence of any
6 intoxicating compound or combination of intoxicating
7 compounds to a degree that renders the person incapable of
8 safely operating a snowmobile;
9 4. The person is under the combined influence of
10 alcohol and any other drug or drugs or intoxicating
11 compound or compounds to a degree that renders that person
12 incapable of safely operating a snowmobile;
13 4.3. The person who is not a CDL holder has a
14 tetrahydrocannabinol concentration in the person's whole
15 blood or other bodily substance at which driving a motor
16 vehicle is prohibited under subdivision (7) of subsection
17 (a) of Section 11-501 of the Illinois Vehicle Code;
18 4.5. The person who is a CDL holder has any amount of a
19 drug, substance, or compound in the person's breath,
20 blood, other bodily substance, or urine resulting from the
21 unlawful use or consumption of cannabis listed in the
22 Cannabis Control Act; or
23 5. There is any amount of a drug, substance, or
24 compound in that person's breath, blood, other bodily
25 substance, or urine resulting from the unlawful use or
26 consumption of a controlled substance listed in the

HB4498- 81 -LRB102 22839 RLC 31990 b
1 Illinois Controlled Substances Act, methamphetamine as
2 listed in the Methamphetamine Control and Community
3 Protection Act, or intoxicating compound listed in the use
4 of Intoxicating Compounds Act.
5 (b) The fact that a person charged with violating this
6Section is or has been legally entitled to use alcohol, other
7drug or drugs, any intoxicating compound or compounds, or any
8combination of them does not constitute a defense against a
9charge of violating this Section.
10 (c) Every person convicted of violating this Section or a
11similar provision of a local ordinance is guilty of a Class A
12misdemeanor, except as otherwise provided in this Section.
13 (c-1) As used in this Section, "first time offender" means
14any person who has not had a previous conviction or been
15assigned supervision for violating this Section or a similar
16provision of a local ordinance, or any person who has not had a
17suspension imposed under subsection (e) of Section 5-7.1.
18 (c-2) For purposes of this Section, the following are
19equivalent to a conviction:
20 (1) a violation of the terms of pretrial release when
21 the court has not relieved the defendant of complying with
22 the terms of pretrial release forfeiture of bail or
23 collateral deposited to secure a defendant's appearance in
24 court when forfeiture has not been vacated; or
25 (2) the failure of a defendant to appear for trial.
26 (d) Every person convicted of violating this Section is

HB4498- 82 -LRB102 22839 RLC 31990 b
1guilty of a Class 4 felony if:
2 1. The person has a previous conviction under this
3 Section;
4 2. The offense results in personal injury where a
5 person other than the operator suffers great bodily harm
6 or permanent disability or disfigurement, when the
7 violation was a proximate cause of the injuries. A person
8 guilty of a Class 4 felony under this paragraph 2, if
9 sentenced to a term of imprisonment, shall be sentenced to
10 not less than one year nor more than 12 years; or
11 3. The offense occurred during a period in which the
12 person's privileges to operate a snowmobile are revoked or
13 suspended, and the revocation or suspension was for a
14 violation of this Section or was imposed under Section
15 5-7.1.
16 (e) Every person convicted of violating this Section is
17guilty of a Class 2 felony if the offense results in the death
18of a person. A person guilty of a Class 2 felony under this
19subsection (e), if sentenced to a term of imprisonment, shall
20be sentenced to a term of not less than 3 years and not more
21than 14 years.
22 (e-1) Every person convicted of violating this Section or
23a similar provision of a local ordinance who had a child under
24the age of 16 on board the snowmobile at the time of offense
25shall be subject to a mandatory minimum fine of $500 and shall
26be subject to a mandatory minimum of 5 days of community

HB4498- 83 -LRB102 22839 RLC 31990 b
1service in a program benefiting children. The assignment under
2this subsection shall not be subject to suspension nor shall
3the person be eligible for probation in order to reduce the
4assignment.
5 (e-2) Every person found guilty of violating this Section,
6whose operation of a snowmobile while in violation of this
7Section proximately caused any incident resulting in an
8appropriate emergency response, shall be liable for the
9expense of an emergency response as provided in subsection (i)
10of Section 11-501.01 of the Illinois Vehicle Code.
11 (e-3) In addition to any other penalties and liabilities,
12a person who is found guilty of violating this Section,
13including any person placed on court supervision, shall be
14fined $100, payable to the circuit clerk, who shall distribute
15the money to the law enforcement agency that made the arrest or
16as provided in subsection (c) of Section 10-5 of the Criminal
17and Traffic Assessment Act if the arresting agency is a State
18agency, unless more than one agency is responsible for the
19arrest, in which case the amount shall be remitted to each unit
20of government equally. Any moneys received by a law
21enforcement agency under this subsection (e-3) shall be used
22to purchase law enforcement equipment or to provide law
23enforcement training that will assist in the prevention of
24alcohol related criminal violence throughout the State. Law
25enforcement equipment shall include, but is not limited to,
26in-car video cameras, radar and laser speed detection devices,

HB4498- 84 -LRB102 22839 RLC 31990 b
1and alcohol breath testers.
2 (f) In addition to any criminal penalties imposed, the
3Department of Natural Resources shall suspend the snowmobile
4operation privileges of a person convicted or found guilty of
5a misdemeanor under this Section for a period of one year,
6except that first-time offenders are exempt from this
7mandatory one-year one year suspension.
8 (g) In addition to any criminal penalties imposed, the
9Department of Natural Resources shall suspend for a period of
105 years the snowmobile operation privileges of any person
11convicted or found guilty of a felony under this Section.
12(Source: P.A. 101-652, eff. 1-1-23; 102-145, eff. 7-23-21;
13revised 8-5-21.)
14 Section 60. The Clerks of Courts Act is amended by
15changing Section 27.3b as follows:
16 (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
17 (Text of Section before amendment by P.A. 102-356 and
18101-652)
19 Sec. 27.3b. The clerk of court may accept payment of
20fines, penalties, or costs by credit card or debit card
21approved by the clerk from an offender who has been convicted
22of or placed on court supervision for a traffic offense, petty
23offense, ordinance offense, or misdemeanor or who has been
24convicted of a felony offense. The clerk of the circuit court

HB4498- 85 -LRB102 22839 RLC 31990 b
1may accept credit card payments over the Internet for fines,
2penalties, or costs from offenders on voluntary electronic
3pleas of guilty in minor traffic and conservation offenses to
4satisfy the requirement of written pleas of guilty as provided
5in Illinois Supreme Court Rule 529. The clerk of the court may
6also accept payment of statutory fees by a credit card or debit
7card. The clerk of the court may also accept the credit card or
8debit card for the cash deposit of bail bond fees.
9 The clerk of the circuit court is authorized to enter into
10contracts with credit card or debit card companies approved by
11the clerk and to negotiate the payment of convenience and
12administrative fees normally charged by those companies for
13allowing the clerk of the circuit court to accept their credit
14cards or debit cards in payment as authorized herein. The
15clerk of the circuit court is authorized to enter into
16contracts with third party fund guarantors, facilitators, and
17service providers under which those entities may contract
18directly with customers of the clerk of the circuit court and
19guarantee and remit the payments to the clerk of the circuit
20court. Where the offender pays fines, penalties, or costs by
21credit card or debit card or through a third party fund
22guarantor, facilitator, or service provider, or anyone paying
23statutory fees of the circuit court clerk or the posting of
24cash bail, the clerk shall collect a service fee of up to $5 or
25the amount charged to the clerk for use of its services by the
26credit card or debit card issuer, third party fund guarantor,

HB4498- 86 -LRB102 22839 RLC 31990 b
1facilitator, or service provider. This service fee shall be in
2addition to any other fines, penalties, or costs. The clerk of
3the circuit court is authorized to negotiate the assessment of
4convenience and administrative fees by the third party fund
5guarantors, facilitators, and service providers with the
6revenue earned by the clerk of the circuit court to be remitted
7to the county general revenue fund.
8(Source: P.A. 95-331, eff. 8-21-07.)
9 (Text of Section after amendment by P.A. 102-356 but
10before amendment by P.A. 101-652)
11 Sec. 27.3b. The clerk of court may accept payment of
12fines, penalties, or costs by certified check, credit card, or
13debit card approved by the clerk from an offender who has been
14convicted of or placed on court supervision for a traffic
15offense, petty offense, ordinance offense, or misdemeanor or
16who has been convicted of a felony offense. The clerk of the
17circuit court shall accept credit card payments over the
18Internet for fines, penalties, court costs, or costs from
19offenders on voluntary electronic pleas of guilty in minor
20traffic and conservation offenses to satisfy the requirement
21of written pleas of guilty as provided in Illinois Supreme
22Court Rule 529. The clerk of the court may also accept payment
23of statutory fees by a credit card or debit card. The clerk of
24the court may also accept the credit card or debit card for the
25cash deposit of bail bond fees.

HB4498- 87 -LRB102 22839 RLC 31990 b
1 The clerk of the circuit court is authorized to enter into
2contracts with credit card or debit card companies approved by
3the clerk and to negotiate the payment of convenience and
4administrative fees normally charged by those companies for
5allowing the clerk of the circuit court to accept their credit
6cards or debit cards in payment as authorized herein. The
7clerk of the circuit court is authorized to enter into
8contracts with third party fund guarantors, facilitators, and
9service providers under which those entities may contract
10directly with customers of the clerk of the circuit court and
11guarantee and remit the payments to the clerk of the circuit
12court. Where the offender pays fines, penalties, or costs by
13credit card or debit card or through a third party fund
14guarantor, facilitator, or service provider, or anyone paying
15statutory fees of the circuit court clerk or the posting of
16cash bail, the clerk shall collect a service fee of up to $5 or
17the amount charged to the clerk for use of its services by the
18credit card or debit card issuer, third party fund guarantor,
19facilitator, or service provider. This service fee shall be in
20addition to any other fines, penalties, or costs. The clerk of
21the circuit court is authorized to negotiate the assessment of
22convenience and administrative fees by the third party fund
23guarantors, facilitators, and service providers with the
24revenue earned by the clerk of the circuit court to be remitted
25to the county general revenue fund.
26 As used in this Section, "certified check" has the meaning

HB4498- 88 -LRB102 22839 RLC 31990 b
1provided in Section 3-409 of the Uniform Commercial Code.
2(Source: P.A. 95-331, eff. 8-21-07; 102-356, eff. 1-1-22.)
3 (Text of Section after amendment by P.A. 101-652)
4 Sec. 27.3b. The clerk of court may accept payment of
5fines, penalties, or costs by certified check, credit card, or
6debit card approved by the clerk from an offender who has been
7convicted of or placed on court supervision for a traffic
8offense, petty offense, ordinance offense, or misdemeanor or
9who has been convicted of a felony offense. The clerk of the
10circuit court shall accept credit card payments over the
11Internet for fines, penalties, court costs, or costs from
12offenders on voluntary electronic pleas of guilty in minor
13traffic and conservation offenses to satisfy the requirement
14of written pleas of guilty as provided in Illinois Supreme
15Court Rule 529. The clerk of the court may also accept payment
16of statutory fees by a credit card or debit card. The clerk of
17the court may also accept the credit card or debit card for the
18cash deposit of bail bond fees.
19 The clerk of the circuit court is authorized to enter into
20contracts with credit card or debit card companies approved by
21the clerk and to negotiate the payment of convenience and
22administrative fees normally charged by those companies for
23allowing the clerk of the circuit court to accept their credit
24cards or debit cards in payment as authorized herein. The
25clerk of the circuit court is authorized to enter into

HB4498- 89 -LRB102 22839 RLC 31990 b
1contracts with third party fund guarantors, facilitators, and
2service providers under which those entities may contract
3directly with customers of the clerk of the circuit court and
4guarantee and remit the payments to the clerk of the circuit
5court. Where the offender pays fines, penalties, or costs by
6credit card or debit card or through a third party fund
7guarantor, facilitator, or service provider, or anyone paying
8statutory fees of the circuit court clerk or the posting of
9cash bail, the clerk shall collect a service fee of up to $5 or
10the amount charged to the clerk for use of its services by the
11credit card or debit card issuer, third party fund guarantor,
12facilitator, or service provider. This service fee shall be in
13addition to any other fines, penalties, or costs. The clerk of
14the circuit court is authorized to negotiate the assessment of
15convenience and administrative fees by the third party fund
16guarantors, facilitators, and service providers with the
17revenue earned by the clerk of the circuit court to be remitted
18to the county general revenue fund.
19 As used in this Section, "certified check" has the meaning
20provided in Section 3-409 of the Uniform Commercial Code.
21(Source: P.A. 101-652, eff. 1-1-23; 102-356, eff. 1-1-22.)
22 Section 65. The Attorney Act is amended by changing
23Section 9 as follows:
24 (705 ILCS 205/9) (from Ch. 13, par. 9)

HB4498- 90 -LRB102 22839 RLC 31990 b
1 Sec. 9. All attorneys and counselors at law, judges,
2clerks and sheriffs, and all other officers of the several
3courts within this state, shall be liable to be arrested and
4held to terms of pretrial release bail, and shall be subject to
5the same legal process, and may in all respects be prosecuted
6and proceeded against in the same courts and in the same manner
7as other persons are, any law, usage or custom to the contrary
8notwithstanding: Provided, nevertheless, said judges,
9counselors or attorneys, clerks, sheriffs and other officers
10of said courts, shall be privileged from arrest while
11attending courts, and whilst going to and returning from
12court.
13(Source: R.S. 1874, p. 169; 101-652.)
14 Section 70. The Juvenile Court Act of 1987 is amended by
15changing Sections 1-7, 1-8, and 5-150 as follows:
16 (705 ILCS 405/1-7)
17 (Text of Section before amendment by P.A. 101-652)
18 Sec. 1-7. Confidentiality of juvenile law enforcement and
19municipal ordinance violation records.
20 (A) All juvenile law enforcement records which have not
21been expunged are confidential and may never be disclosed to
22the general public or otherwise made widely available.
23Juvenile law enforcement records may be obtained only under
24this Section and Section 1-8 and Part 9 of Article V of this

HB4498- 91 -LRB102 22839 RLC 31990 b
1Act, when their use is needed for good cause and with an order
2from the juvenile court, as required by those not authorized
3to retain them. Inspection, copying, and disclosure of
4juvenile law enforcement records maintained by law enforcement
5agencies or records of municipal ordinance violations
6maintained by any State, local, or municipal agency that
7relate to a minor who has been investigated, arrested, or
8taken into custody before his or her 18th birthday shall be
9restricted to the following:
10 (0.05) The minor who is the subject of the juvenile
11 law enforcement record, his or her parents, guardian, and
12 counsel.
13 (0.10) Judges of the circuit court and members of the
14 staff of the court designated by the judge.
15 (0.15) An administrative adjudication hearing officer
16 or members of the staff designated to assist in the
17 administrative adjudication process.
18 (1) Any local, State, or federal law enforcement
19 officers or designated law enforcement staff of any
20 jurisdiction or agency when necessary for the discharge of
21 their official duties during the investigation or
22 prosecution of a crime or relating to a minor who has been
23 adjudicated delinquent and there has been a previous
24 finding that the act which constitutes the previous
25 offense was committed in furtherance of criminal
26 activities by a criminal street gang, or, when necessary

HB4498- 92 -LRB102 22839 RLC 31990 b
1 for the discharge of its official duties in connection
2 with a particular investigation of the conduct of a law
3 enforcement officer, an independent agency or its staff
4 created by ordinance and charged by a unit of local
5 government with the duty of investigating the conduct of
6 law enforcement officers. For purposes of this Section,
7 "criminal street gang" has the meaning ascribed to it in
8 Section 10 of the Illinois Streetgang Terrorism Omnibus
9 Prevention Act.
10 (2) Prosecutors, public defenders, probation officers,
11 social workers, or other individuals assigned by the court
12 to conduct a pre-adjudication or pre-disposition
13 investigation, and individuals responsible for supervising
14 or providing temporary or permanent care and custody for
15 minors under the order of the juvenile court, when
16 essential to performing their responsibilities.
17 (3) Federal, State, or local prosecutors, public
18 defenders, probation officers, and designated staff:
19 (a) in the course of a trial when institution of
20 criminal proceedings has been permitted or required
21 under Section 5-805;
22 (b) when institution of criminal proceedings has
23 been permitted or required under Section 5-805 and the
24 minor is the subject of a proceeding to determine the
25 amount of bail;
26 (c) when criminal proceedings have been permitted

HB4498- 93 -LRB102 22839 RLC 31990 b
1 or required under Section 5-805 and the minor is the
2 subject of a pre-trial investigation, pre-sentence
3 investigation, fitness hearing, or proceedings on an
4 application for probation; or
5 (d) in the course of prosecution or administrative
6 adjudication of a violation of a traffic, boating, or
7 fish and game law, or a county or municipal ordinance.
8 (4) Adult and Juvenile Prisoner Review Board.
9 (5) Authorized military personnel.
10 (5.5) Employees of the federal government authorized
11 by law.
12 (6) Persons engaged in bona fide research, with the
13 permission of the Presiding Judge and the chief executive
14 of the respective law enforcement agency; provided that
15 publication of such research results in no disclosure of a
16 minor's identity and protects the confidentiality of the
17 minor's record.
18 (7) Department of Children and Family Services child
19 protection investigators acting in their official
20 capacity.
21 (8) The appropriate school official only if the agency
22 or officer believes that there is an imminent threat of
23 physical harm to students, school personnel, or others who
24 are present in the school or on school grounds.
25 (A) Inspection and copying shall be limited to
26 juvenile law enforcement records transmitted to the

HB4498- 94 -LRB102 22839 RLC 31990 b
1 appropriate school official or officials whom the
2 school has determined to have a legitimate educational
3 or safety interest by a local law enforcement agency
4 under a reciprocal reporting system established and
5 maintained between the school district and the local
6 law enforcement agency under Section 10-20.14 of the
7 School Code concerning a minor enrolled in a school
8 within the school district who has been arrested or
9 taken into custody for any of the following offenses:
10 (i) any violation of Article 24 of the
11 Criminal Code of 1961 or the Criminal Code of
12 2012;
13 (ii) a violation of the Illinois Controlled
14 Substances Act;
15 (iii) a violation of the Cannabis Control Act;
16 (iv) a forcible felony as defined in Section
17 2-8 of the Criminal Code of 1961 or the Criminal
18 Code of 2012;
19 (v) a violation of the Methamphetamine Control
20 and Community Protection Act;
21 (vi) a violation of Section 1-2 of the
22 Harassing and Obscene Communications Act;
23 (vii) a violation of the Hazing Act; or
24 (viii) a violation of Section 12-1, 12-2,
25 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
26 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the

HB4498- 95 -LRB102 22839 RLC 31990 b
1 Criminal Code of 1961 or the Criminal Code of
2 2012.
3 The information derived from the juvenile law
4 enforcement records shall be kept separate from and
5 shall not become a part of the official school record
6 of that child and shall not be a public record. The
7 information shall be used solely by the appropriate
8 school official or officials whom the school has
9 determined to have a legitimate educational or safety
10 interest to aid in the proper rehabilitation of the
11 child and to protect the safety of students and
12 employees in the school. If the designated law
13 enforcement and school officials deem it to be in the
14 best interest of the minor, the student may be
15 referred to in-school or community-based social
16 services if those services are available.
17 "Rehabilitation services" may include interventions by
18 school support personnel, evaluation for eligibility
19 for special education, referrals to community-based
20 agencies such as youth services, behavioral healthcare
21 service providers, drug and alcohol prevention or
22 treatment programs, and other interventions as deemed
23 appropriate for the student.
24 (B) Any information provided to appropriate school
25 officials whom the school has determined to have a
26 legitimate educational or safety interest by local law

HB4498- 96 -LRB102 22839 RLC 31990 b
1 enforcement officials about a minor who is the subject
2 of a current police investigation that is directly
3 related to school safety shall consist of oral
4 information only, and not written juvenile law
5 enforcement records, and shall be used solely by the
6 appropriate school official or officials to protect
7 the safety of students and employees in the school and
8 aid in the proper rehabilitation of the child. The
9 information derived orally from the local law
10 enforcement officials shall be kept separate from and
11 shall not become a part of the official school record
12 of the child and shall not be a public record. This
13 limitation on the use of information about a minor who
14 is the subject of a current police investigation shall
15 in no way limit the use of this information by
16 prosecutors in pursuing criminal charges arising out
17 of the information disclosed during a police
18 investigation of the minor. For purposes of this
19 paragraph, "investigation" means an official
20 systematic inquiry by a law enforcement agency into
21 actual or suspected criminal activity.
22 (9) Mental health professionals on behalf of the
23 Department of Corrections or the Department of Human
24 Services or prosecutors who are evaluating, prosecuting,
25 or investigating a potential or actual petition brought
26 under the Sexually Violent Persons Commitment Act relating

HB4498- 97 -LRB102 22839 RLC 31990 b
1 to a person who is the subject of juvenile law enforcement
2 records or the respondent to a petition brought under the
3 Sexually Violent Persons Commitment Act who is the subject
4 of the juvenile law enforcement records sought. Any
5 juvenile law enforcement records and any information
6 obtained from those juvenile law enforcement records under
7 this paragraph (9) may be used only in sexually violent
8 persons commitment proceedings.
9 (10) The president of a park district. Inspection and
10 copying shall be limited to juvenile law enforcement
11 records transmitted to the president of the park district
12 by the Illinois State Police under Section 8-23 of the
13 Park District Code or Section 16a-5 of the Chicago Park
14 District Act concerning a person who is seeking employment
15 with that park district and who has been adjudicated a
16 juvenile delinquent for any of the offenses listed in
17 subsection (c) of Section 8-23 of the Park District Code
18 or subsection (c) of Section 16a-5 of the Chicago Park
19 District Act.
20 (11) Persons managing and designated to participate in
21 a court diversion program as designated in subsection (6)
22 of Section 5-105.
23 (12) The Public Access Counselor of the Office of the
24 Attorney General, when reviewing juvenile law enforcement
25 records under its powers and duties under the Freedom of
26 Information Act.

HB4498- 98 -LRB102 22839 RLC 31990 b
1 (13) Collection agencies, contracted or otherwise
2 engaged by a governmental entity, to collect any debts due
3 and owing to the governmental entity.
4 (B)(1) Except as provided in paragraph (2), no law
5enforcement officer or other person or agency may knowingly
6transmit to the Department of Corrections, the Illinois State
7Police, or the Federal Bureau of Investigation any fingerprint
8or photograph relating to a minor who has been arrested or
9taken into custody before his or her 18th birthday, unless the
10court in proceedings under this Act authorizes the
11transmission or enters an order under Section 5-805 permitting
12or requiring the institution of criminal proceedings.
13 (2) Law enforcement officers or other persons or agencies
14shall transmit to the Illinois State Police copies of
15fingerprints and descriptions of all minors who have been
16arrested or taken into custody before their 18th birthday for
17the offense of unlawful use of weapons under Article 24 of the
18Criminal Code of 1961 or the Criminal Code of 2012, a Class X
19or Class 1 felony, a forcible felony as defined in Section 2-8
20of the Criminal Code of 1961 or the Criminal Code of 2012, or a
21Class 2 or greater felony under the Cannabis Control Act, the
22Illinois Controlled Substances Act, the Methamphetamine
23Control and Community Protection Act, or Chapter 4 of the
24Illinois Vehicle Code, pursuant to Section 5 of the Criminal
25Identification Act. Information reported to the Department
26pursuant to this Section may be maintained with records that

HB4498- 99 -LRB102 22839 RLC 31990 b
1the Department files pursuant to Section 2.1 of the Criminal
2Identification Act. Nothing in this Act prohibits a law
3enforcement agency from fingerprinting a minor taken into
4custody or arrested before his or her 18th birthday for an
5offense other than those listed in this paragraph (2).
6 (C) The records of law enforcement officers, or of an
7independent agency created by ordinance and charged by a unit
8of local government with the duty of investigating the conduct
9of law enforcement officers, concerning all minors under 18
10years of age must be maintained separate from the records of
11arrests and may not be open to public inspection or their
12contents disclosed to the public. For purposes of obtaining
13documents under this Section, a civil subpoena is not an order
14of the court.
15 (1) In cases where the law enforcement, or independent
16 agency, records concern a pending juvenile court case, the
17 party seeking to inspect the records shall provide actual
18 notice to the attorney or guardian ad litem of the minor
19 whose records are sought.
20 (2) In cases where the records concern a juvenile
21 court case that is no longer pending, the party seeking to
22 inspect the records shall provide actual notice to the
23 minor or the minor's parent or legal guardian, and the
24 matter shall be referred to the chief judge presiding over
25 matters pursuant to this Act.
26 (3) In determining whether the records should be

HB4498- 100 -LRB102 22839 RLC 31990 b
1 available for inspection, the court shall consider the
2 minor's interest in confidentiality and rehabilitation
3 over the moving party's interest in obtaining the
4 information. Any records obtained in violation of this
5 subsection (C) shall not be admissible in any criminal or
6 civil proceeding, or operate to disqualify a minor from
7 subsequently holding public office or securing employment,
8 or operate as a forfeiture of any public benefit, right,
9 privilege, or right to receive any license granted by
10 public authority.
11 (D) Nothing contained in subsection (C) of this Section
12shall prohibit the inspection or disclosure to victims and
13witnesses of photographs contained in the records of law
14enforcement agencies when the inspection and disclosure is
15conducted in the presence of a law enforcement officer for the
16purpose of the identification or apprehension of any person
17subject to the provisions of this Act or for the investigation
18or prosecution of any crime.
19 (E) Law enforcement officers, and personnel of an
20independent agency created by ordinance and charged by a unit
21of local government with the duty of investigating the conduct
22of law enforcement officers, may not disclose the identity of
23any minor in releasing information to the general public as to
24the arrest, investigation or disposition of any case involving
25a minor.
26 (F) Nothing contained in this Section shall prohibit law

HB4498- 101 -LRB102 22839 RLC 31990 b
1enforcement agencies from communicating with each other by
2letter, memorandum, teletype, or intelligence alert bulletin
3or other means the identity or other relevant information
4pertaining to a person under 18 years of age if there are
5reasonable grounds to believe that the person poses a real and
6present danger to the safety of the public or law enforcement
7officers. The information provided under this subsection (F)
8shall remain confidential and shall not be publicly disclosed,
9except as otherwise allowed by law.
10 (G) Nothing in this Section shall prohibit the right of a
11Civil Service Commission or appointing authority of any
12federal government, state, county or municipality examining
13the character and fitness of an applicant for employment with
14a law enforcement agency, correctional institution, or fire
15department from obtaining and examining the records of any law
16enforcement agency relating to any record of the applicant
17having been arrested or taken into custody before the
18applicant's 18th birthday.
19 (G-5) Information identifying victims and alleged victims
20of sex offenses shall not be disclosed or open to the public
21under any circumstances. Nothing in this Section shall
22prohibit the victim or alleged victim of any sex offense from
23voluntarily disclosing his or her own identity.
24 (H) The changes made to this Section by Public Act 98-61
25apply to law enforcement records of a minor who has been
26arrested or taken into custody on or after January 1, 2014 (the

HB4498- 102 -LRB102 22839 RLC 31990 b
1effective date of Public Act 98-61).
2 (H-5) Nothing in this Section shall require any court or
3adjudicative proceeding for traffic, boating, fish and game
4law, or municipal and county ordinance violations to be closed
5to the public.
6 (I) Willful violation of this Section is a Class C
7misdemeanor and each violation is subject to a fine of $1,000.
8This subsection (I) shall not apply to the person who is the
9subject of the record.
10 (J) A person convicted of violating this Section is liable
11for damages in the amount of $1,000 or actual damages,
12whichever is greater.
13(Source: P.A. 102-538, eff. 8-20-21.)
14 (Text of Section after amendment by P.A. 101-652)
15 Sec. 1-7. Confidentiality of juvenile law enforcement and
16municipal ordinance violation records.
17 (A) All juvenile law enforcement records which have not
18been expunged are confidential and may never be disclosed to
19the general public or otherwise made widely available.
20Juvenile law enforcement records may be obtained only under
21this Section and Section 1-8 and Part 9 of Article V of this
22Act, when their use is needed for good cause and with an order
23from the juvenile court, as required by those not authorized
24to retain them. Inspection, copying, and disclosure of
25juvenile law enforcement records maintained by law enforcement

HB4498- 103 -LRB102 22839 RLC 31990 b
1agencies or records of municipal ordinance violations
2maintained by any State, local, or municipal agency that
3relate to a minor who has been investigated, arrested, or
4taken into custody before his or her 18th birthday shall be
5restricted to the following:
6 (0.05) The minor who is the subject of the juvenile
7 law enforcement record, his or her parents, guardian, and
8 counsel.
9 (0.10) Judges of the circuit court and members of the
10 staff of the court designated by the judge.
11 (0.15) An administrative adjudication hearing officer
12 or members of the staff designated to assist in the
13 administrative adjudication process.
14 (1) Any local, State, or federal law enforcement
15 officers or designated law enforcement staff of any
16 jurisdiction or agency when necessary for the discharge of
17 their official duties during the investigation or
18 prosecution of a crime or relating to a minor who has been
19 adjudicated delinquent and there has been a previous
20 finding that the act which constitutes the previous
21 offense was committed in furtherance of criminal
22 activities by a criminal street gang, or, when necessary
23 for the discharge of its official duties in connection
24 with a particular investigation of the conduct of a law
25 enforcement officer, an independent agency or its staff
26 created by ordinance and charged by a unit of local

HB4498- 104 -LRB102 22839 RLC 31990 b
1 government with the duty of investigating the conduct of
2 law enforcement officers. For purposes of this Section,
3 "criminal street gang" has the meaning ascribed to it in
4 Section 10 of the Illinois Streetgang Terrorism Omnibus
5 Prevention Act.
6 (2) Prosecutors, public defenders, probation officers,
7 social workers, or other individuals assigned by the court
8 to conduct a pre-adjudication or pre-disposition
9 investigation, and individuals responsible for supervising
10 or providing temporary or permanent care and custody for
11 minors under the order of the juvenile court, when
12 essential to performing their responsibilities.
13 (3) Federal, State, or local prosecutors, public
14 defenders, probation officers, and designated staff:
15 (a) in the course of a trial when institution of
16 criminal proceedings has been permitted or required
17 under Section 5-805;
18 (b) when institution of criminal proceedings has
19 been permitted or required under Section 5-805 and the
20 minor is the subject of a proceeding to determine the
21 conditions of pretrial release amount of bail;
22 (c) when criminal proceedings have been permitted
23 or required under Section 5-805 and the minor is the
24 subject of a pre-trial investigation, pre-sentence
25 investigation, fitness hearing, or proceedings on an
26 application for probation; or

HB4498- 105 -LRB102 22839 RLC 31990 b
1 (d) in the course of prosecution or administrative
2 adjudication of a violation of a traffic, boating, or
3 fish and game law, or a county or municipal ordinance.
4 (4) Adult and Juvenile Prisoner Review Board.
5 (5) Authorized military personnel.
6 (5.5) Employees of the federal government authorized
7 by law.
8 (6) Persons engaged in bona fide research, with the
9 permission of the Presiding Judge and the chief executive
10 of the respective law enforcement agency; provided that
11 publication of such research results in no disclosure of a
12 minor's identity and protects the confidentiality of the
13 minor's record.
14 (7) Department of Children and Family Services child
15 protection investigators acting in their official
16 capacity.
17 (8) The appropriate school official only if the agency
18 or officer believes that there is an imminent threat of
19 physical harm to students, school personnel, or others who
20 are present in the school or on school grounds.
21 (A) Inspection and copying shall be limited to
22 juvenile law enforcement records transmitted to the
23 appropriate school official or officials whom the
24 school has determined to have a legitimate educational
25 or safety interest by a local law enforcement agency
26 under a reciprocal reporting system established and

HB4498- 106 -LRB102 22839 RLC 31990 b
1 maintained between the school district and the local
2 law enforcement agency under Section 10-20.14 of the
3 School Code concerning a minor enrolled in a school
4 within the school district who has been arrested or
5 taken into custody for any of the following offenses:
6 (i) any violation of Article 24 of the
7 Criminal Code of 1961 or the Criminal Code of
8 2012;
9 (ii) a violation of the Illinois Controlled
10 Substances Act;
11 (iii) a violation of the Cannabis Control Act;
12 (iv) a forcible felony as defined in Section
13 2-8 of the Criminal Code of 1961 or the Criminal
14 Code of 2012;
15 (v) a violation of the Methamphetamine Control
16 and Community Protection Act;
17 (vi) a violation of Section 1-2 of the
18 Harassing and Obscene Communications Act;
19 (vii) a violation of the Hazing Act; or
20 (viii) a violation of Section 12-1, 12-2,
21 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
22 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
23 Criminal Code of 1961 or the Criminal Code of
24 2012.
25 The information derived from the juvenile law
26 enforcement records shall be kept separate from and

HB4498- 107 -LRB102 22839 RLC 31990 b
1 shall not become a part of the official school record
2 of that child and shall not be a public record. The
3 information shall be used solely by the appropriate
4 school official or officials whom the school has
5 determined to have a legitimate educational or safety
6 interest to aid in the proper rehabilitation of the
7 child and to protect the safety of students and
8 employees in the school. If the designated law
9 enforcement and school officials deem it to be in the
10 best interest of the minor, the student may be
11 referred to in-school or community-based social
12 services if those services are available.
13 "Rehabilitation services" may include interventions by
14 school support personnel, evaluation for eligibility
15 for special education, referrals to community-based
16 agencies such as youth services, behavioral healthcare
17 service providers, drug and alcohol prevention or
18 treatment programs, and other interventions as deemed
19 appropriate for the student.
20 (B) Any information provided to appropriate school
21 officials whom the school has determined to have a
22 legitimate educational or safety interest by local law
23 enforcement officials about a minor who is the subject
24 of a current police investigation that is directly
25 related to school safety shall consist of oral
26 information only, and not written juvenile law

HB4498- 108 -LRB102 22839 RLC 31990 b
1 enforcement records, and shall be used solely by the
2 appropriate school official or officials to protect
3 the safety of students and employees in the school and
4 aid in the proper rehabilitation of the child. The
5 information derived orally from the local law
6 enforcement officials shall be kept separate from and
7 shall not become a part of the official school record
8 of the child and shall not be a public record. This
9 limitation on the use of information about a minor who
10 is the subject of a current police investigation shall
11 in no way limit the use of this information by
12 prosecutors in pursuing criminal charges arising out
13 of the information disclosed during a police
14 investigation of the minor. For purposes of this
15 paragraph, "investigation" means an official
16 systematic inquiry by a law enforcement agency into
17 actual or suspected criminal activity.
18 (9) Mental health professionals on behalf of the
19 Department of Corrections or the Department of Human
20 Services or prosecutors who are evaluating, prosecuting,
21 or investigating a potential or actual petition brought
22 under the Sexually Violent Persons Commitment Act relating
23 to a person who is the subject of juvenile law enforcement
24 records or the respondent to a petition brought under the
25 Sexually Violent Persons Commitment Act who is the subject
26 of the juvenile law enforcement records sought. Any

HB4498- 109 -LRB102 22839 RLC 31990 b
1 juvenile law enforcement records and any information
2 obtained from those juvenile law enforcement records under
3 this paragraph (9) may be used only in sexually violent
4 persons commitment proceedings.
5 (10) The president of a park district. Inspection and
6 copying shall be limited to juvenile law enforcement
7 records transmitted to the president of the park district
8 by the Illinois State Police under Section 8-23 of the
9 Park District Code or Section 16a-5 of the Chicago Park
10 District Act concerning a person who is seeking employment
11 with that park district and who has been adjudicated a
12 juvenile delinquent for any of the offenses listed in
13 subsection (c) of Section 8-23 of the Park District Code
14 or subsection (c) of Section 16a-5 of the Chicago Park
15 District Act.
16 (11) Persons managing and designated to participate in
17 a court diversion program as designated in subsection (6)
18 of Section 5-105.
19 (12) The Public Access Counselor of the Office of the
20 Attorney General, when reviewing juvenile law enforcement
21 records under its powers and duties under the Freedom of
22 Information Act.
23 (13) Collection agencies, contracted or otherwise
24 engaged by a governmental entity, to collect any debts due
25 and owing to the governmental entity.
26 (B)(1) Except as provided in paragraph (2), no law

HB4498- 110 -LRB102 22839 RLC 31990 b
1enforcement officer or other person or agency may knowingly
2transmit to the Department of Corrections, the Illinois State
3Police, or the Federal Bureau of Investigation any fingerprint
4or photograph relating to a minor who has been arrested or
5taken into custody before his or her 18th birthday, unless the
6court in proceedings under this Act authorizes the
7transmission or enters an order under Section 5-805 permitting
8or requiring the institution of criminal proceedings.
9 (2) Law enforcement officers or other persons or agencies
10shall transmit to the Illinois State Police copies of
11fingerprints and descriptions of all minors who have been
12arrested or taken into custody before their 18th birthday for
13the offense of unlawful use of weapons under Article 24 of the
14Criminal Code of 1961 or the Criminal Code of 2012, a Class X
15or Class 1 felony, a forcible felony as defined in Section 2-8
16of the Criminal Code of 1961 or the Criminal Code of 2012, or a
17Class 2 or greater felony under the Cannabis Control Act, the
18Illinois Controlled Substances Act, the Methamphetamine
19Control and Community Protection Act, or Chapter 4 of the
20Illinois Vehicle Code, pursuant to Section 5 of the Criminal
21Identification Act. Information reported to the Department
22pursuant to this Section may be maintained with records that
23the Department files pursuant to Section 2.1 of the Criminal
24Identification Act. Nothing in this Act prohibits a law
25enforcement agency from fingerprinting a minor taken into
26custody or arrested before his or her 18th birthday for an

HB4498- 111 -LRB102 22839 RLC 31990 b
1offense other than those listed in this paragraph (2).
2 (C) The records of law enforcement officers, or of an
3independent agency created by ordinance and charged by a unit
4of local government with the duty of investigating the conduct
5of law enforcement officers, concerning all minors under 18
6years of age must be maintained separate from the records of
7arrests and may not be open to public inspection or their
8contents disclosed to the public. For purposes of obtaining
9documents under this Section, a civil subpoena is not an order
10of the court.
11 (1) In cases where the law enforcement, or independent
12 agency, records concern a pending juvenile court case, the
13 party seeking to inspect the records shall provide actual
14 notice to the attorney or guardian ad litem of the minor
15 whose records are sought.
16 (2) In cases where the records concern a juvenile
17 court case that is no longer pending, the party seeking to
18 inspect the records shall provide actual notice to the
19 minor or the minor's parent or legal guardian, and the
20 matter shall be referred to the chief judge presiding over
21 matters pursuant to this Act.
22 (3) In determining whether the records should be
23 available for inspection, the court shall consider the
24 minor's interest in confidentiality and rehabilitation
25 over the moving party's interest in obtaining the
26 information. Any records obtained in violation of this

HB4498- 112 -LRB102 22839 RLC 31990 b
1 subsection (C) shall not be admissible in any criminal or
2 civil proceeding, or operate to disqualify a minor from
3 subsequently holding public office or securing employment,
4 or operate as a forfeiture of any public benefit, right,
5 privilege, or right to receive any license granted by
6 public authority.
7 (D) Nothing contained in subsection (C) of this Section
8shall prohibit the inspection or disclosure to victims and
9witnesses of photographs contained in the records of law
10enforcement agencies when the inspection and disclosure is
11conducted in the presence of a law enforcement officer for the
12purpose of the identification or apprehension of any person
13subject to the provisions of this Act or for the investigation
14or prosecution of any crime.
15 (E) Law enforcement officers, and personnel of an
16independent agency created by ordinance and charged by a unit
17of local government with the duty of investigating the conduct
18of law enforcement officers, may not disclose the identity of
19any minor in releasing information to the general public as to
20the arrest, investigation or disposition of any case involving
21a minor.
22 (F) Nothing contained in this Section shall prohibit law
23enforcement agencies from communicating with each other by
24letter, memorandum, teletype, or intelligence alert bulletin
25or other means the identity or other relevant information
26pertaining to a person under 18 years of age if there are

HB4498- 113 -LRB102 22839 RLC 31990 b
1reasonable grounds to believe that the person poses a real and
2present danger to the safety of the public or law enforcement
3officers. The information provided under this subsection (F)
4shall remain confidential and shall not be publicly disclosed,
5except as otherwise allowed by law.
6 (G) Nothing in this Section shall prohibit the right of a
7Civil Service Commission or appointing authority of any
8federal government, state, county or municipality examining
9the character and fitness of an applicant for employment with
10a law enforcement agency, correctional institution, or fire
11department from obtaining and examining the records of any law
12enforcement agency relating to any record of the applicant
13having been arrested or taken into custody before the
14applicant's 18th birthday.
15 (G-5) Information identifying victims and alleged victims
16of sex offenses shall not be disclosed or open to the public
17under any circumstances. Nothing in this Section shall
18prohibit the victim or alleged victim of any sex offense from
19voluntarily disclosing his or her own identity.
20 (H) The changes made to this Section by Public Act 98-61
21apply to law enforcement records of a minor who has been
22arrested or taken into custody on or after January 1, 2014 (the
23effective date of Public Act 98-61).
24 (H-5) Nothing in this Section shall require any court or
25adjudicative proceeding for traffic, boating, fish and game
26law, or municipal and county ordinance violations to be closed

HB4498- 114 -LRB102 22839 RLC 31990 b
1to the public.
2 (I) Willful violation of this Section is a Class C
3misdemeanor and each violation is subject to a fine of $1,000.
4This subsection (I) shall not apply to the person who is the
5subject of the record.
6 (J) A person convicted of violating this Section is liable
7for damages in the amount of $1,000 or actual damages,
8whichever is greater.
9(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;
10revised 10-13-21.)
11 (705 ILCS 405/1-8)
12 (Text of Section before amendment by P.A. 101-652)
13 Sec. 1-8. Confidentiality and accessibility of juvenile
14court records.
15 (A) A juvenile adjudication shall never be considered a
16conviction nor shall an adjudicated individual be considered a
17criminal. Unless expressly allowed by law, a juvenile
18adjudication shall not operate to impose upon the individual
19any of the civil disabilities ordinarily imposed by or
20resulting from conviction. Unless expressly allowed by law,
21adjudications shall not prejudice or disqualify the individual
22in any civil service application or appointment, from holding
23public office, or from receiving any license granted by public
24authority. All juvenile court records which have not been
25expunged are sealed and may never be disclosed to the general

HB4498- 115 -LRB102 22839 RLC 31990 b
1public or otherwise made widely available. Sealed juvenile
2court records may be obtained only under this Section and
3Section 1-7 and Part 9 of Article V of this Act, when their use
4is needed for good cause and with an order from the juvenile
5court. Inspection and copying of juvenile court records
6relating to a minor who is the subject of a proceeding under
7this Act shall be restricted to the following:
8 (1) The minor who is the subject of record, his or her
9 parents, guardian, and counsel.
10 (2) Law enforcement officers and law enforcement
11 agencies when such information is essential to executing
12 an arrest or search warrant or other compulsory process,
13 or to conducting an ongoing investigation or relating to a
14 minor who has been adjudicated delinquent and there has
15 been a previous finding that the act which constitutes the
16 previous offense was committed in furtherance of criminal
17 activities by a criminal street gang.
18 Before July 1, 1994, for the purposes of this Section,
19 "criminal street gang" means any ongoing organization,
20 association, or group of 3 or more persons, whether formal
21 or informal, having as one of its primary activities the
22 commission of one or more criminal acts and that has a
23 common name or common identifying sign, symbol or specific
24 color apparel displayed, and whose members individually or
25 collectively engage in or have engaged in a pattern of
26 criminal activity.

HB4498- 116 -LRB102 22839 RLC 31990 b
1 Beginning July 1, 1994, for purposes of this Section,
2 "criminal street gang" has the meaning ascribed to it in
3 Section 10 of the Illinois Streetgang Terrorism Omnibus
4 Prevention Act.
5 (3) Judges, hearing officers, prosecutors, public
6 defenders, probation officers, social workers, or other
7 individuals assigned by the court to conduct a
8 pre-adjudication or pre-disposition investigation, and
9 individuals responsible for supervising or providing
10 temporary or permanent care and custody for minors under
11 the order of the juvenile court when essential to
12 performing their responsibilities.
13 (4) Judges, federal, State, and local prosecutors,
14 public defenders, probation officers, and designated
15 staff:
16 (a) in the course of a trial when institution of
17 criminal proceedings has been permitted or required
18 under Section 5-805;
19 (b) when criminal proceedings have been permitted
20 or required under Section 5-805 and a minor is the
21 subject of a proceeding to determine the amount of
22 bail;
23 (c) when criminal proceedings have been permitted
24 or required under Section 5-805 and a minor is the
25 subject of a pre-trial investigation, pre-sentence
26 investigation or fitness hearing, or proceedings on an

HB4498- 117 -LRB102 22839 RLC 31990 b
1 application for probation; or
2 (d) when a minor becomes 18 years of age or older,
3 and is the subject of criminal proceedings, including
4 a hearing to determine the amount of bail, a pre-trial
5 investigation, a pre-sentence investigation, a fitness
6 hearing, or proceedings on an application for
7 probation.
8 (5) Adult and Juvenile Prisoner Review Boards.
9 (6) Authorized military personnel.
10 (6.5) Employees of the federal government authorized
11 by law.
12 (7) Victims, their subrogees and legal
13 representatives; however, such persons shall have access
14 only to the name and address of the minor and information
15 pertaining to the disposition or alternative adjustment
16 plan of the juvenile court.
17 (8) Persons engaged in bona fide research, with the
18 permission of the presiding judge of the juvenile court
19 and the chief executive of the agency that prepared the
20 particular records; provided that publication of such
21 research results in no disclosure of a minor's identity
22 and protects the confidentiality of the record.
23 (9) The Secretary of State to whom the Clerk of the
24 Court shall report the disposition of all cases, as
25 required in Section 6-204 of the Illinois Vehicle Code.
26 However, information reported relative to these offenses

HB4498- 118 -LRB102 22839 RLC 31990 b
1 shall be privileged and available only to the Secretary of
2 State, courts, and police officers.
3 (10) The administrator of a bonafide substance abuse
4 student assistance program with the permission of the
5 presiding judge of the juvenile court.
6 (11) Mental health professionals on behalf of the
7 Department of Corrections or the Department of Human
8 Services or prosecutors who are evaluating, prosecuting,
9 or investigating a potential or actual petition brought
10 under the Sexually Violent Persons Commitment Act relating
11 to a person who is the subject of juvenile court records or
12 the respondent to a petition brought under the Sexually
13 Violent Persons Commitment Act, who is the subject of
14 juvenile court records sought. Any records and any
15 information obtained from those records under this
16 paragraph (11) may be used only in sexually violent
17 persons commitment proceedings.
18 (12) Collection agencies, contracted or otherwise
19 engaged by a governmental entity, to collect any debts due
20 and owing to the governmental entity.
21 (A-1) Findings and exclusions of paternity entered in
22proceedings occurring under Article II of this Act shall be
23disclosed, in a manner and form approved by the Presiding
24Judge of the Juvenile Court, to the Department of Healthcare
25and Family Services when necessary to discharge the duties of
26the Department of Healthcare and Family Services under Article

HB4498- 119 -LRB102 22839 RLC 31990 b
1X of the Illinois Public Aid Code.
2 (B) A minor who is the victim in a juvenile proceeding
3shall be provided the same confidentiality regarding
4disclosure of identity as the minor who is the subject of
5record.
6 (C)(0.1) In cases where the records concern a pending
7juvenile court case, the requesting party seeking to inspect
8the juvenile court records shall provide actual notice to the
9attorney or guardian ad litem of the minor whose records are
10sought.
11 (0.2) In cases where the juvenile court records concern a
12juvenile court case that is no longer pending, the requesting
13party seeking to inspect the juvenile court records shall
14provide actual notice to the minor or the minor's parent or
15legal guardian, and the matter shall be referred to the chief
16judge presiding over matters pursuant to this Act.
17 (0.3) In determining whether juvenile court records should
18be made available for inspection and whether inspection should
19be limited to certain parts of the file, the court shall
20consider the minor's interest in confidentiality and
21rehabilitation over the requesting party's interest in
22obtaining the information. The State's Attorney, the minor,
23and the minor's parents, guardian, and counsel shall at all
24times have the right to examine court files and records.
25 (0.4) Any records obtained in violation of this Section
26shall not be admissible in any criminal or civil proceeding,

HB4498- 120 -LRB102 22839 RLC 31990 b
1or operate to disqualify a minor from subsequently holding
2public office, or operate as a forfeiture of any public
3benefit, right, privilege, or right to receive any license
4granted by public authority.
5 (D) Pending or following any adjudication of delinquency
6for any offense defined in Sections 11-1.20 through 11-1.60 or
712-13 through 12-16 of the Criminal Code of 1961 or the
8Criminal Code of 2012, the victim of any such offense shall
9receive the rights set out in Sections 4 and 6 of the Bill of
10Rights for Victims and Witnesses of Violent Crime Act; and the
11juvenile who is the subject of the adjudication,
12notwithstanding any other provision of this Act, shall be
13treated as an adult for the purpose of affording such rights to
14the victim.
15 (E) Nothing in this Section shall affect the right of a
16Civil Service Commission or appointing authority of the
17federal government, or any state, county, or municipality
18examining the character and fitness of an applicant for
19employment with a law enforcement agency, correctional
20institution, or fire department to ascertain whether that
21applicant was ever adjudicated to be a delinquent minor and,
22if so, to examine the records of disposition or evidence which
23were made in proceedings under this Act.
24 (F) Following any adjudication of delinquency for a crime
25which would be a felony if committed by an adult, or following
26any adjudication of delinquency for a violation of Section

HB4498- 121 -LRB102 22839 RLC 31990 b
124-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
2Criminal Code of 2012, the State's Attorney shall ascertain
3whether the minor respondent is enrolled in school and, if so,
4shall provide a copy of the dispositional order to the
5principal or chief administrative officer of the school.
6Access to the dispositional order shall be limited to the
7principal or chief administrative officer of the school and
8any school counselor designated by him or her.
9 (G) Nothing contained in this Act prevents the sharing or
10disclosure of information or records relating or pertaining to
11juveniles subject to the provisions of the Serious Habitual
12Offender Comprehensive Action Program when that information is
13used to assist in the early identification and treatment of
14habitual juvenile offenders.
15 (H) When a court hearing a proceeding under Article II of
16this Act becomes aware that an earlier proceeding under
17Article II had been heard in a different county, that court
18shall request, and the court in which the earlier proceedings
19were initiated shall transmit, an authenticated copy of the
20juvenile court record, including all documents, petitions, and
21orders filed and the minute orders, transcript of proceedings,
22and docket entries of the court.
23 (I) The Clerk of the Circuit Court shall report to the
24Illinois State Police, in the form and manner required by the
25Illinois State Police, the final disposition of each minor who
26has been arrested or taken into custody before his or her 18th

HB4498- 122 -LRB102 22839 RLC 31990 b
1birthday for those offenses required to be reported under
2Section 5 of the Criminal Identification Act. Information
3reported to the Department under this Section may be
4maintained with records that the Department files under
5Section 2.1 of the Criminal Identification Act.
6 (J) The changes made to this Section by Public Act 98-61
7apply to juvenile law enforcement records of a minor who has
8been arrested or taken into custody on or after January 1, 2014
9(the effective date of Public Act 98-61).
10 (K) Willful violation of this Section is a Class C
11misdemeanor and each violation is subject to a fine of $1,000.
12This subsection (K) shall not apply to the person who is the
13subject of the record.
14 (L) A person convicted of violating this Section is liable
15for damages in the amount of $1,000 or actual damages,
16whichever is greater.
17(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
18revised 10-12-21.)
19 (Text of Section after amendment by P.A. 101-652)
20 Sec. 1-8. Confidentiality and accessibility of juvenile
21court records.
22 (A) A juvenile adjudication shall never be considered a
23conviction nor shall an adjudicated individual be considered a
24criminal. Unless expressly allowed by law, a juvenile
25adjudication shall not operate to impose upon the individual

HB4498- 123 -LRB102 22839 RLC 31990 b
1any of the civil disabilities ordinarily imposed by or
2resulting from conviction. Unless expressly allowed by law,
3adjudications shall not prejudice or disqualify the individual
4in any civil service application or appointment, from holding
5public office, or from receiving any license granted by public
6authority. All juvenile court records which have not been
7expunged are sealed and may never be disclosed to the general
8public or otherwise made widely available. Sealed juvenile
9court records may be obtained only under this Section and
10Section 1-7 and Part 9 of Article V of this Act, when their use
11is needed for good cause and with an order from the juvenile
12court. Inspection and copying of juvenile court records
13relating to a minor who is the subject of a proceeding under
14this Act shall be restricted to the following:
15 (1) The minor who is the subject of record, his or her
16 parents, guardian, and counsel.
17 (2) Law enforcement officers and law enforcement
18 agencies when such information is essential to executing
19 an arrest or search warrant or other compulsory process,
20 or to conducting an ongoing investigation or relating to a
21 minor who has been adjudicated delinquent and there has
22 been a previous finding that the act which constitutes the
23 previous offense was committed in furtherance of criminal
24 activities by a criminal street gang.
25 Before July 1, 1994, for the purposes of this Section,
26 "criminal street gang" means any ongoing organization,

HB4498- 124 -LRB102 22839 RLC 31990 b
1 association, or group of 3 or more persons, whether formal
2 or informal, having as one of its primary activities the
3 commission of one or more criminal acts and that has a
4 common name or common identifying sign, symbol or specific
5 color apparel displayed, and whose members individually or
6 collectively engage in or have engaged in a pattern of
7 criminal activity.
8 Beginning July 1, 1994, for purposes of this Section,
9 "criminal street gang" has the meaning ascribed to it in
10 Section 10 of the Illinois Streetgang Terrorism Omnibus
11 Prevention Act.
12 (3) Judges, hearing officers, prosecutors, public
13 defenders, probation officers, social workers, or other
14 individuals assigned by the court to conduct a
15 pre-adjudication or pre-disposition investigation, and
16 individuals responsible for supervising or providing
17 temporary or permanent care and custody for minors under
18 the order of the juvenile court when essential to
19 performing their responsibilities.
20 (4) Judges, federal, State, and local prosecutors,
21 public defenders, probation officers, and designated
22 staff:
23 (a) in the course of a trial when institution of
24 criminal proceedings has been permitted or required
25 under Section 5-805;
26 (b) when criminal proceedings have been permitted

HB4498- 125 -LRB102 22839 RLC 31990 b
1 or required under Section 5-805 and a minor is the
2 subject of a proceeding to determine the conditions of
3 pretrial release amount of bail;
4 (c) when criminal proceedings have been permitted
5 or required under Section 5-805 and a minor is the
6 subject of a pre-trial investigation, pre-sentence
7 investigation or fitness hearing, or proceedings on an
8 application for probation; or
9 (d) when a minor becomes 18 years of age or older,
10 and is the subject of criminal proceedings, including
11 a hearing to determine the conditions of pretrial
12 release amount of bail, a pre-trial investigation, a
13 pre-sentence investigation, a fitness hearing, or
14 proceedings on an application for probation.
15 (5) Adult and Juvenile Prisoner Review Boards.
16 (6) Authorized military personnel.
17 (6.5) Employees of the federal government authorized
18 by law.
19 (7) Victims, their subrogees and legal
20 representatives; however, such persons shall have access
21 only to the name and address of the minor and information
22 pertaining to the disposition or alternative adjustment
23 plan of the juvenile court.
24 (8) Persons engaged in bona fide research, with the
25 permission of the presiding judge of the juvenile court
26 and the chief executive of the agency that prepared the

HB4498- 126 -LRB102 22839 RLC 31990 b
1 particular records; provided that publication of such
2 research results in no disclosure of a minor's identity
3 and protects the confidentiality of the record.
4 (9) The Secretary of State to whom the Clerk of the
5 Court shall report the disposition of all cases, as
6 required in Section 6-204 of the Illinois Vehicle Code.
7 However, information reported relative to these offenses
8 shall be privileged and available only to the Secretary of
9 State, courts, and police officers.
10 (10) The administrator of a bonafide substance abuse
11 student assistance program with the permission of the
12 presiding judge of the juvenile court.
13 (11) Mental health professionals on behalf of the
14 Department of Corrections or the Department of Human
15 Services or prosecutors who are evaluating, prosecuting,
16 or investigating a potential or actual petition brought
17 under the Sexually Violent Persons Commitment Act relating
18 to a person who is the subject of juvenile court records or
19 the respondent to a petition brought under the Sexually
20 Violent Persons Commitment Act, who is the subject of
21 juvenile court records sought. Any records and any
22 information obtained from those records under this
23 paragraph (11) may be used only in sexually violent
24 persons commitment proceedings.
25 (12) Collection agencies, contracted or otherwise
26 engaged by a governmental entity, to collect any debts due

HB4498- 127 -LRB102 22839 RLC 31990 b
1 and owing to the governmental entity.
2 (A-1) Findings and exclusions of paternity entered in
3proceedings occurring under Article II of this Act shall be
4disclosed, in a manner and form approved by the Presiding
5Judge of the Juvenile Court, to the Department of Healthcare
6and Family Services when necessary to discharge the duties of
7the Department of Healthcare and Family Services under Article
8X of the Illinois Public Aid Code.
9 (B) A minor who is the victim in a juvenile proceeding
10shall be provided the same confidentiality regarding
11disclosure of identity as the minor who is the subject of
12record.
13 (C)(0.1) In cases where the records concern a pending
14juvenile court case, the requesting party seeking to inspect
15the juvenile court records shall provide actual notice to the
16attorney or guardian ad litem of the minor whose records are
17sought.
18 (0.2) In cases where the juvenile court records concern a
19juvenile court case that is no longer pending, the requesting
20party seeking to inspect the juvenile court records shall
21provide actual notice to the minor or the minor's parent or
22legal guardian, and the matter shall be referred to the chief
23judge presiding over matters pursuant to this Act.
24 (0.3) In determining whether juvenile court records should
25be made available for inspection and whether inspection should
26be limited to certain parts of the file, the court shall

HB4498- 128 -LRB102 22839 RLC 31990 b
1consider the minor's interest in confidentiality and
2rehabilitation over the requesting party's interest in
3obtaining the information. The State's Attorney, the minor,
4and the minor's parents, guardian, and counsel shall at all
5times have the right to examine court files and records.
6 (0.4) Any records obtained in violation of this Section
7shall not be admissible in any criminal or civil proceeding,
8or operate to disqualify a minor from subsequently holding
9public office, or operate as a forfeiture of any public
10benefit, right, privilege, or right to receive any license
11granted by public authority.
12 (D) Pending or following any adjudication of delinquency
13for any offense defined in Sections 11-1.20 through 11-1.60 or
1412-13 through 12-16 of the Criminal Code of 1961 or the
15Criminal Code of 2012, the victim of any such offense shall
16receive the rights set out in Sections 4 and 6 of the Bill of
17Rights for Victims and Witnesses of Violent Crime Act; and the
18juvenile who is the subject of the adjudication,
19notwithstanding any other provision of this Act, shall be
20treated as an adult for the purpose of affording such rights to
21the victim.
22 (E) Nothing in this Section shall affect the right of a
23Civil Service Commission or appointing authority of the
24federal government, or any state, county, or municipality
25examining the character and fitness of an applicant for
26employment with a law enforcement agency, correctional

HB4498- 129 -LRB102 22839 RLC 31990 b
1institution, or fire department to ascertain whether that
2applicant was ever adjudicated to be a delinquent minor and,
3if so, to examine the records of disposition or evidence which
4were made in proceedings under this Act.
5 (F) Following any adjudication of delinquency for a crime
6which would be a felony if committed by an adult, or following
7any adjudication of delinquency for a violation of Section
824-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
9Criminal Code of 2012, the State's Attorney shall ascertain
10whether the minor respondent is enrolled in school and, if so,
11shall provide a copy of the dispositional order to the
12principal or chief administrative officer of the school.
13Access to the dispositional order shall be limited to the
14principal or chief administrative officer of the school and
15any school counselor designated by him or her.
16 (G) Nothing contained in this Act prevents the sharing or
17disclosure of information or records relating or pertaining to
18juveniles subject to the provisions of the Serious Habitual
19Offender Comprehensive Action Program when that information is
20used to assist in the early identification and treatment of
21habitual juvenile offenders.
22 (H) When a court hearing a proceeding under Article II of
23this Act becomes aware that an earlier proceeding under
24Article II had been heard in a different county, that court
25shall request, and the court in which the earlier proceedings
26were initiated shall transmit, an authenticated copy of the

HB4498- 130 -LRB102 22839 RLC 31990 b
1juvenile court record, including all documents, petitions, and
2orders filed and the minute orders, transcript of proceedings,
3and docket entries of the court.
4 (I) The Clerk of the Circuit Court shall report to the
5Illinois State Police, in the form and manner required by the
6Illinois State Police, the final disposition of each minor who
7has been arrested or taken into custody before his or her 18th
8birthday for those offenses required to be reported under
9Section 5 of the Criminal Identification Act. Information
10reported to the Department under this Section may be
11maintained with records that the Department files under
12Section 2.1 of the Criminal Identification Act.
13 (J) The changes made to this Section by Public Act 98-61
14apply to juvenile law enforcement records of a minor who has
15been arrested or taken into custody on or after January 1, 2014
16(the effective date of Public Act 98-61).
17 (K) Willful violation of this Section is a Class C
18misdemeanor and each violation is subject to a fine of $1,000.
19This subsection (K) shall not apply to the person who is the
20subject of the record.
21 (L) A person convicted of violating this Section is liable
22for damages in the amount of $1,000 or actual damages,
23whichever is greater.
24(Source: P.A. 101-652, eff. 1-1-23; 102-197, eff. 7-30-21;
25102-538, eff. 8-20-21; revised 10-12-21.)

HB4498- 131 -LRB102 22839 RLC 31990 b
1 (705 ILCS 405/5-150)
2 Sec. 5-150. Admissibility of evidence and adjudications in
3other proceedings.
4 (1) Evidence and adjudications in proceedings under this
5Act shall be admissible:
6 (a) in subsequent proceedings under this Act
7 concerning the same minor; or
8 (b) in criminal proceedings when the court is to
9 determine the conditions of pretrial release amount of
10 bail, fitness of the defendant or in sentencing under the
11 Unified Code of Corrections; or
12 (c) in proceedings under this Act or in criminal
13 proceedings in which anyone who has been adjudicated
14 delinquent under Section 5-105 is to be a witness
15 including the minor or defendant if he or she testifies,
16 and then only for purposes of impeachment and pursuant to
17 the rules of evidence for criminal trials; or
18 (d) in civil proceedings concerning causes of action
19 arising out of the incident or incidents which initially
20 gave rise to the proceedings under this Act.
21 (2) No adjudication or disposition under this Act shall
22operate to disqualify a minor from subsequently holding public
23office nor shall operate as a forfeiture of any right,
24privilege or right to receive any license granted by public
25authority.
26 (3) The court which adjudicated that a minor has committed

HB4498- 132 -LRB102 22839 RLC 31990 b
1any offense relating to motor vehicles prescribed in Sections
24-102 and 4-103 of the Illinois Vehicle Code shall notify the
3Secretary of State of that adjudication and the notice shall
4constitute sufficient grounds for revoking that minor's
5driver's license or permit as provided in Section 6-205 of the
6Illinois Vehicle Code; no minor shall be considered a criminal
7by reason thereof, nor shall any such adjudication be
8considered a conviction.
9(Source: P.A. 90-590, eff. 1-1-99; 101-652.)
10 Section 75. The Criminal Code of 2012 is amended by
11changing Sections 26.5-5, 31-1, 31A-0.1, 32-10, and 32-15 as
12follows:
13 (720 ILCS 5/26.5-5)
14 Sec. 26.5-5. Sentence.
15 (a) Except as provided in subsection (b), a person who
16violates any of the provisions of Section 26.5-1, 26.5-2, or
1726.5-3 of this Article is guilty of a Class B misdemeanor.
18Except as provided in subsection (b), a second or subsequent
19violation of Section 26.5-1, 26.5-2, or 26.5-3 of this Article
20is a Class A misdemeanor, for which the court shall impose a
21minimum of 14 days in jail or, if public or community service
22is established in the county in which the offender was
23convicted, 240 hours of public or community service.
24 (b) In any of the following circumstances, a person who

HB4498- 133 -LRB102 22839 RLC 31990 b
1violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article
2shall be guilty of a Class 4 felony:
3 (1) The person has 3 or more prior violations in the
4 last 10 years of harassment by telephone, harassment
5 through electronic communications, or any similar offense
6 of any other state;
7 (2) The person has previously violated the harassment
8 by telephone provisions, or the harassment through
9 electronic communications provisions, or committed any
10 similar offense in any other state with the same victim or
11 a member of the victim's family or household;
12 (3) At the time of the offense, the offender was under
13 conditions of pretrial release bail, probation,
14 conditional discharge, mandatory supervised release or was
15 the subject of an order of protection, in this or any other
16 state, prohibiting contact with the victim or any member
17 of the victim's family or household;
18 (4) In the course of the offense, the offender
19 threatened to kill the victim or any member of the
20 victim's family or household;
21 (5) The person has been convicted in the last 10 years
22 of a forcible felony as defined in Section 2-8 of the
23 Criminal Code of 1961 or the Criminal Code of 2012;
24 (6) The person violates paragraph (5) of Section
25 26.5-2 or paragraph (4) of Section 26.5-3; or
26 (7) The person was at least 18 years of age at the time

HB4498- 134 -LRB102 22839 RLC 31990 b
1 of the commission of the offense and the victim was under
2 18 years of age at the time of the commission of the
3 offense.
4 (c) The court may order any person convicted under this
5Article to submit to a psychiatric examination.
6(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13;
7101-652.)
8 (720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
9 (Text of Section before amendment by P.A. 101-652)
10 Sec. 31-1. Resisting or obstructing a peace officer,
11firefighter, or correctional institution employee.
12 (a) A person who knowingly resists or obstructs the
13performance by one known to the person to be a peace officer,
14firefighter, or correctional institution employee of any
15authorized act within his or her official capacity commits a
16Class A misdemeanor.
17 (a-5) In addition to any other sentence that may be
18imposed, a court shall order any person convicted of resisting
19or obstructing a peace officer, firefighter, or correctional
20institution employee to be sentenced to a minimum of 48
21consecutive hours of imprisonment or ordered to perform
22community service for not less than 100 hours as may be
23determined by the court. The person shall not be eligible for
24probation in order to reduce the sentence of imprisonment or
25community service.

HB4498- 135 -LRB102 22839 RLC 31990 b
1 (a-7) A person convicted for a violation of this Section
2whose violation was the proximate cause of an injury to a peace
3officer, firefighter, or correctional institution employee is
4guilty of a Class 4 felony.
5 (b) For purposes of this Section, "correctional
6institution employee" means any person employed to supervise
7and control inmates incarcerated in a penitentiary, State
8farm, reformatory, prison, jail, house of correction, police
9detention area, half-way house, or other institution or place
10for the incarceration or custody of persons under sentence for
11offenses or awaiting trial or sentence for offenses, under
12arrest for an offense, a violation of probation, a violation
13of parole, a violation of aftercare release, a violation of
14mandatory supervised release, or awaiting a bail setting
15hearing or preliminary hearing, or who are sexually dangerous
16persons or who are sexually violent persons; and "firefighter"
17means any individual, either as an employee or volunteer, of a
18regularly constituted fire department of a municipality or
19fire protection district who performs fire fighting duties,
20including, but not limited to, the fire chief, assistant fire
21chief, captain, engineer, driver, ladder person, hose person,
22pipe person, and any other member of a regularly constituted
23fire department. "Firefighter" also means a person employed by
24the Office of the State Fire Marshal to conduct arson
25investigations.
26 (c) It is an affirmative defense to a violation of this

HB4498- 136 -LRB102 22839 RLC 31990 b
1Section if a person resists or obstructs the performance of
2one known by the person to be a firefighter by returning to or
3remaining in a dwelling, residence, building, or other
4structure to rescue or to attempt to rescue any person.
5(Source: P.A. 98-558, eff. 1-1-14.)
6 (Text of Section after amendment by P.A. 101-652)
7 Sec. 31-1. Resisting or obstructing a peace officer,
8firefighter, or correctional institution employee.
9 (a) A person who knowingly resists or obstructs the
10performance by one known to the person to be a peace officer,
11firefighter, or correctional institution employee of any
12authorized act within his or her official capacity commits a
13Class A misdemeanor.
14 (a-5) In addition to any other sentence that may be
15imposed, a court shall order any person convicted of resisting
16or obstructing a peace officer, firefighter, or correctional
17institution employee to be sentenced to a minimum of 48
18consecutive hours of imprisonment or ordered to perform
19community service for not less than 100 hours as may be
20determined by the court. The person shall not be eligible for
21probation in order to reduce the sentence of imprisonment or
22community service.
23 (a-7) A person convicted for a violation of this Section
24whose violation was the proximate cause of an injury to a peace
25officer, firefighter, or correctional institution employee is

HB4498- 137 -LRB102 22839 RLC 31990 b
1guilty of a Class 4 felony.
2 (b) For purposes of this Section, "correctional
3institution employee" means any person employed to supervise
4and control inmates incarcerated in a penitentiary, State
5farm, reformatory, prison, jail, house of correction, police
6detention area, half-way house, or other institution or place
7for the incarceration or custody of persons under sentence for
8offenses or awaiting trial or sentence for offenses, under
9arrest for an offense, a violation of probation, a violation
10of parole, a violation of aftercare release, a violation of
11mandatory supervised release, or awaiting a bail setting
12hearing or preliminary hearing on setting the conditions of
13pretrial release, or who are sexually dangerous persons or who
14are sexually violent persons; and "firefighter" means any
15individual, either as an employee or volunteer, of a regularly
16constituted fire department of a municipality or fire
17protection district who performs fire fighting duties,
18including, but not limited to, the fire chief, assistant fire
19chief, captain, engineer, driver, ladder person, hose person,
20pipe person, and any other member of a regularly constituted
21fire department. "Firefighter" also means a person employed by
22the Office of the State Fire Marshal to conduct arson
23investigations.
24 (c) It is an affirmative defense to a violation of this
25Section if a person resists or obstructs the performance of
26one known by the person to be a firefighter by returning to or

HB4498- 138 -LRB102 22839 RLC 31990 b
1remaining in a dwelling, residence, building, or other
2structure to rescue or to attempt to rescue any person.
3 (d) A person shall not be subject to arrest under this
4Section unless there is an underlying offense for which the
5person was initially subject to arrest.
6(Source: P.A. 101-652, eff. 1-1-23.)
7 (720 ILCS 5/31A-0.1)
8 Sec. 31A-0.1. Definitions. For the purposes of this
9Article:
10 "Deliver" or "delivery" means the actual, constructive or
11attempted transfer of possession of an item of contraband,
12with or without consideration, whether or not there is an
13agency relationship.
14 "Employee" means any elected or appointed officer, trustee
15or employee of a penal institution or of the governing
16authority of the penal institution, or any person who performs
17services for the penal institution pursuant to contract with
18the penal institution or its governing authority.
19 "Item of contraband" means any of the following:
20 (i) "Alcoholic liquor" as that term is defined in
21 Section 1-3.05 of the Liquor Control Act of 1934.
22 (ii) "Cannabis" as that term is defined in subsection
23 (a) of Section 3 of the Cannabis Control Act.
24 (iii) "Controlled substance" as that term is defined
25 in the Illinois Controlled Substances Act.

HB4498- 139 -LRB102 22839 RLC 31990 b
1 (iii-a) "Methamphetamine" as that term is defined in
2 the Illinois Controlled Substances Act or the
3 Methamphetamine Control and Community Protection Act.
4 (iv) "Hypodermic syringe" or hypodermic needle, or any
5 instrument adapted for use of controlled substances or
6 cannabis by subcutaneous injection.
7 (v) "Weapon" means any knife, dagger, dirk, billy,
8 razor, stiletto, broken bottle, or other piece of glass
9 which could be used as a dangerous weapon. This term
10 includes any of the devices or implements designated in
11 subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of
12 this Code, or any other dangerous weapon or instrument of
13 like character.
14 (vi) "Firearm" means any device, by whatever name
15 known, which is designed to expel a projectile or
16 projectiles by the action of an explosion, expansion of
17 gas or escape of gas, including but not limited to:
18 (A) any pneumatic gun, spring gun, or B-B gun
19 which expels a single globular projectile not
20 exceeding .18 inch in diameter; or
21 (B) any device used exclusively for signaling or
22 safety and required as recommended by the United
23 States Coast Guard or the Interstate Commerce
24 Commission; or
25 (C) any device used exclusively for the firing of
26 stud cartridges, explosive rivets or industrial

HB4498- 140 -LRB102 22839 RLC 31990 b
1 ammunition; or
2 (D) any device which is powered by electrical
3 charging units, such as batteries, and which fires one
4 or several barbs attached to a length of wire and
5 which, upon hitting a human, can send out current
6 capable of disrupting the person's nervous system in
7 such a manner as to render him or her incapable of
8 normal functioning, commonly referred to as a stun gun
9 or taser.
10 (vii) "Firearm ammunition" means any self-contained
11 cartridge or shotgun shell, by whatever name known, which
12 is designed to be used or adaptable to use in a firearm,
13 including but not limited to:
14 (A) any ammunition exclusively designed for use
15 with a device used exclusively for signaling or safety
16 and required or recommended by the United States Coast
17 Guard or the Interstate Commerce Commission; or
18 (B) any ammunition designed exclusively for use
19 with a stud or rivet driver or other similar
20 industrial ammunition.
21 (viii) "Explosive" means, but is not limited to, bomb,
22 bombshell, grenade, bottle or other container containing
23 an explosive substance of over one-quarter ounce for like
24 purposes such as black powder bombs and Molotov cocktails
25 or artillery projectiles.
26 (ix) "Tool to defeat security mechanisms" means, but

HB4498- 141 -LRB102 22839 RLC 31990 b
1 is not limited to, handcuff or security restraint key,
2 tool designed to pick locks, popper, or any device or
3 instrument used to or capable of unlocking or preventing
4 from locking any handcuff or security restraints, doors to
5 cells, rooms, gates or other areas of the penal
6 institution.
7 (x) "Cutting tool" means, but is not limited to,
8 hacksaw blade, wirecutter, or device, instrument or file
9 capable of cutting through metal.
10 (xi) "Electronic contraband" for the purposes of
11 Section 31A-1.1 of this Article means, but is not limited
12 to, any electronic, video recording device, computer, or
13 cellular communications equipment, including, but not
14 limited to, cellular telephones, cellular telephone
15 batteries, videotape recorders, pagers, computers, and
16 computer peripheral equipment brought into or possessed in
17 a penal institution without the written authorization of
18 the Chief Administrative Officer. "Electronic contraband"
19 for the purposes of Section 31A-1.2 of this Article,
20 means, but is not limited to, any electronic, video
21 recording device, computer, or cellular communications
22 equipment, including, but not limited to, cellular
23 telephones, cellular telephone batteries, videotape
24 recorders, pagers, computers, and computer peripheral
25 equipment.
26 "Penal institution" means any penitentiary, State farm,

HB4498- 142 -LRB102 22839 RLC 31990 b
1reformatory, prison, jail, house of correction, police
2detention area, half-way house or other institution or place
3for the incarceration or custody of persons under sentence for
4offenses awaiting trial or sentence for offenses, under arrest
5for an offense, a violation of probation, a violation of
6parole, a violation of aftercare release, or a violation of
7mandatory supervised release, or awaiting a bail setting
8hearing on the setting of conditions of pretrial release or
9preliminary hearing; provided that where the place for
10incarceration or custody is housed within another public
11building this Article shall not apply to that part of the
12building unrelated to the incarceration or custody of persons.
13(Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14;
14101-652.)
15 (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
16 Sec. 32-10. Violation of conditions of pretrial release
17bail bond.
18 (a) Whoever, having been released pretrial under
19conditions admitted to bail for appearance before any court of
20this State, incurs a violation of conditions of pretrial
21release forfeiture of the bail and knowingly fails to
22surrender himself or herself within 30 days following the date
23of the violation forfeiture, commits, if the conditions of
24pretrial release bail was given in connection with a charge of
25felony or pending appeal or certiorari after conviction of any

HB4498- 143 -LRB102 22839 RLC 31990 b
1offense, a felony of the next lower Class or a Class A
2misdemeanor if the underlying offense was a Class 4 felony . If
3the violation of pretrial conditions were made ; or, if the
4bail was given in connection with a charge of committing a
5misdemeanor, or for appearance as a witness, commits a
6misdemeanor of the next lower Class, but not less than a Class
7C misdemeanor.
8 (a-5) Any person who knowingly violates a condition of
9pretrial release bail bond by possessing a firearm in
10violation of his or her conditions of pretrial release bail
11commits a Class 4 felony for a first violation and a Class 3
12felony for a second or subsequent violation.
13 (b) Whoever, having been released pretrial under
14conditions admitted to bail for appearance before any court of
15this State, while charged with a criminal offense in which the
16victim is a family or household member as defined in Article
17112A of the Code of Criminal Procedure of 1963, knowingly
18violates a condition of that release as set forth in Section
19110-10, subsection (d) of the Code of Criminal Procedure of
201963, commits a Class A misdemeanor.
21 (c) Whoever, having been released pretrial under
22conditions admitted to bail for appearance before any court of
23this State for a felony, Class A misdemeanor or a criminal
24offense in which the victim is a family or household member as
25defined in Article 112A of the Code of Criminal Procedure of
261963, is charged with any other felony, Class A misdemeanor,

HB4498- 144 -LRB102 22839 RLC 31990 b
1or a criminal offense in which the victim is a family or
2household member as defined in Article 112A of the Code of
3Criminal Procedure of 1963 while on this release, must appear
4before the court before bail is statutorily set.
5 (d) Nothing in this Section shall interfere with or
6prevent the exercise by any court of its power to punishment
7for contempt. Any sentence imposed for violation of this
8Section may shall be served consecutive to the sentence
9imposed for the charge for which pretrial release bail had
10been granted and with respect to which the defendant has been
11convicted.
12(Source: P.A. 97-1108, eff. 1-1-13; 101-652.)
13 (720 ILCS 5/32-15)
14 Sec. 32-15. Pretrial release Bail bond false statement.
15Any person who in any affidavit, document, schedule or other
16application to ensure compliance of another with the terms of
17pretrial release become surety or bail for another on any bail
18bond or recognizance in any civil or criminal proceeding then
19pending or about to be started against the other person,
20having taken a lawful oath or made affirmation, shall swear or
21affirm wilfully, corruptly and falsely as to the factors the
22court relied on to approve the conditions of the other
23person's pretrial release ownership or liens or incumbrances
24upon or the value of any real or personal property alleged to
25be owned by the person proposed to ensure those conditions as

HB4498- 145 -LRB102 22839 RLC 31990 b
1surety or bail, the financial worth or standing of the person
2proposed as surety or bail, or as to the number or total
3penalties of all other bonds or recognizances signed by and
4standing against the proposed surety or bail, or any person
5who, having taken a lawful oath or made affirmation, shall
6testify wilfully, corruptly and falsely as to any of said
7matters for the purpose of inducing the approval of any such
8conditions of pretrial release bail bond or recognizance; or
9for the purpose of justifying on any such conditions of
10pretrial release bail bond or recognizance, or who shall
11suborn any other person to so swear, affirm or testify as
12aforesaid, shall be deemed and adjudged guilty of perjury or
13subornation of perjury (as the case may be) and punished
14accordingly.
15(Source: P.A. 97-1108, eff. 1-1-13; 101-652.)
16 Section 80. The Code of Criminal Procedure of 1963 is
17amended by changing the heading of Article 110 and by changing
18Sections 102-6, 102-7, 103-5, 103-7, 103-9, 104-13, 104-17,
19106D-1, 107-4, 107-9, 109-1, 109-2, 109-3, 109-3.1, 110-1,
20110-2, 110-3, 110-4, 110-5, 110-5.2, 110-6, 110-6.1, 110-6.2,
21110-6.4, 110-10, 110-11, 110-12, 111-2, 112A-23, 114-1,
22115-4.1, and 122-6 as follows:
23 (725 ILCS 5/102-6) (from Ch. 38, par. 102-6)
24 Sec. 102-6. Pretrial release "Bail".

HB4498- 146 -LRB102 22839 RLC 31990 b
1 "Pretrial release" "Bail" has the meaning ascribed to bail
2in Section 9 of Article I of the Illinois Constitution that is
3non-monetary means the amount of money set by the court which
4is required to be obligated and secured as provided by law for
5the release of a person in custody in order that he will appear
6before the court in which his appearance may be required and
7that he will comply with such conditions as set forth in the
8bail bond.
9(Source: Laws 1963, p. 2836; P.A. 101-652.)
10 (725 ILCS 5/102-7) (from Ch. 38, par. 102-7)
11 Sec. 102-7. Conditions of pretrial release "Bail bond".
12 "Conditions of pretrial release" "Bail bond" means the
13conditions established by the court an undertaking secured by
14bail entered into by a person in custody by which he binds
15himself to comply with such conditions as are set forth
16therein.
17(Source: Laws 1963, p. 2836; P.A. 101-652.)
18 (725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
19 Sec. 103-5. Speedy trial.)
20 (a) Every person in custody in this State for an alleged
21offense shall be tried by the court having jurisdiction within
22120 days from the date he or she was taken into custody unless
23delay is occasioned by the defendant, by an examination for
24fitness ordered pursuant to Section 104-13 of this Act, by a

HB4498- 147 -LRB102 22839 RLC 31990 b
1fitness hearing, by an adjudication of unfitness to stand
2trial, by a continuance allowed pursuant to Section 114-4 of
3this Act after a court's determination of the defendant's
4physical incapacity for trial, or by an interlocutory appeal.
5Delay shall be considered to be agreed to by the defendant
6unless he or she objects to the delay by making a written
7demand for trial or an oral demand for trial on the record. The
8provisions of this subsection (a) do not apply to a person on
9pretrial release bail or recognizance for an offense but who
10is in custody for a violation of his or her parole, aftercare
11release, or mandatory supervised release for another offense.
12 The 120-day term must be one continuous period of
13incarceration. In computing the 120-day term, separate periods
14of incarceration may not be combined. If a defendant is taken
15into custody a second (or subsequent) time for the same
16offense, the term will begin again at day zero.
17 (b) Every person on pretrial release bail or recognizance
18shall be tried by the court having jurisdiction within 160
19days from the date defendant demands trial unless delay is
20occasioned by the defendant, by an examination for fitness
21ordered pursuant to Section 104-13 of this Act, by a fitness
22hearing, by an adjudication of unfitness to stand trial, by a
23continuance allowed pursuant to Section 114-4 of this Act
24after a court's determination of the defendant's physical
25incapacity for trial, or by an interlocutory appeal. The
26defendant's failure to appear for any court date set by the

HB4498- 148 -LRB102 22839 RLC 31990 b
1court operates to waive the defendant's demand for trial made
2under this subsection.
3 For purposes of computing the 160 day period under this
4subsection (b), every person who was in custody for an alleged
5offense and demanded trial and is subsequently released on
6pretrial release bail or recognizance and demands trial, shall
7be given credit for time spent in custody following the making
8of the demand while in custody. Any demand for trial made under
9this subsection (b) shall be in writing; and in the case of a
10defendant not in custody, the demand for trial shall include
11the date of any prior demand made under this provision while
12the defendant was in custody.
13 (c) If the court determines that the State has exercised
14without success due diligence to obtain evidence material to
15the case and that there are reasonable grounds to believe that
16such evidence may be obtained at a later day the court may
17continue the cause on application of the State for not more
18than an additional 60 days. If the court determines that the
19State has exercised without success due diligence to obtain
20results of DNA testing that is material to the case and that
21there are reasonable grounds to believe that such results may
22be obtained at a later day, the court may continue the cause on
23application of the State for not more than an additional 120
24days.
25 (d) Every person not tried in accordance with subsections
26(a), (b) and (c) of this Section shall be discharged from

HB4498- 149 -LRB102 22839 RLC 31990 b
1custody or released from the obligations of his pretrial
2release bail or recognizance.
3 (e) If a person is simultaneously in custody upon more
4than one charge pending against him in the same county, or
5simultaneously demands trial upon more than one charge pending
6against him in the same county, he shall be tried, or adjudged
7guilty after waiver of trial, upon at least one such charge
8before expiration relative to any of such pending charges of
9the period prescribed by subsections (a) and (b) of this
10Section. Such person shall be tried upon all of the remaining
11charges thus pending within 160 days from the date on which
12judgment relative to the first charge thus prosecuted is
13rendered pursuant to the Unified Code of Corrections or, if
14such trial upon such first charge is terminated without
15judgment and there is no subsequent trial of, or adjudication
16of guilt after waiver of trial of, such first charge within a
17reasonable time, the person shall be tried upon all of the
18remaining charges thus pending within 160 days from the date
19on which such trial is terminated; if either such period of 160
20days expires without the commencement of trial of, or
21adjudication of guilt after waiver of trial of, any of such
22remaining charges thus pending, such charge or charges shall
23be dismissed and barred for want of prosecution unless delay
24is occasioned by the defendant, by an examination for fitness
25ordered pursuant to Section 104-13 of this Act, by a fitness
26hearing, by an adjudication of unfitness for trial, by a

HB4498- 150 -LRB102 22839 RLC 31990 b
1continuance allowed pursuant to Section 114-4 of this Act
2after a court's determination of the defendant's physical
3incapacity for trial, or by an interlocutory appeal; provided,
4however, that if the court determines that the State has
5exercised without success due diligence to obtain evidence
6material to the case and that there are reasonable grounds to
7believe that such evidence may be obtained at a later day the
8court may continue the cause on application of the State for
9not more than an additional 60 days.
10 (f) Delay occasioned by the defendant shall temporarily
11suspend for the time of the delay the period within which a
12person shall be tried as prescribed by subsections (a), (b),
13or (e) of this Section and on the day of expiration of the
14delay the said period shall continue at the point at which it
15was suspended. Where such delay occurs within 21 days of the
16end of the period within which a person shall be tried as
17prescribed by subsections (a), (b), or (e) of this Section,
18the court may continue the cause on application of the State
19for not more than an additional 21 days beyond the period
20prescribed by subsections (a), (b), or (e). This subsection
21(f) shall become effective on, and apply to persons charged
22with alleged offenses committed on or after, March 1, 1977.
23(Source: P.A. 98-558, eff. 1-1-14; 101-652.)
24 (725 ILCS 5/103-7) (from Ch. 38, par. 103-7)
25 Sec. 103-7. Posting notice of rights.

HB4498- 151 -LRB102 22839 RLC 31990 b
1 Every sheriff, chief of police or other person who is in
2charge of any jail, police station or other building where
3persons under arrest are held in custody pending
4investigation, pretrial release bail or other criminal
5proceedings, shall post in every room, other than cells, of
6such buildings where persons are held in custody, in
7conspicuous places where it may be seen and read by persons in
8custody and others, a poster, printed in large type,
9containing a verbatim copy in the English language of the
10provisions of Sections 103-2, 103-3, 103-4, 109-1, 110-2,
11110-4, and sub-parts (a) and (b) of Sections 110-7 and 113-3 of
12this Code. Each person who is in charge of any courthouse or
13other building in which any trial of an offense is conducted
14shall post in each room primarily used for such trials and in
15each room in which defendants are confined or wait, pending
16trial, in conspicuous places where it may be seen and read by
17persons in custody and others, a poster, printed in large
18type, containing a verbatim copy in the English language of
19the provisions of Sections 103-6, 113-1, 113-4 and 115-1 and
20of subparts (a) and (b) of Section 113-3 of this Code.
21(Source: Laws 1965, p. 2622; P.A. 101-652.)
22 (725 ILCS 5/103-9) (from Ch. 38, par. 103-9)
23 Sec. 103-9. Bail bondsmen. No bail bondsman from any state
24may seize or transport unwillingly any person found in this
25State who is allegedly in violation of a bail bond posted in

HB4498- 152 -LRB102 22839 RLC 31990 b
1some other state or conditions of pretrial release. The return
2of any such person to another state may be accomplished only as
3provided by the laws of this State. Any bail bondsman who
4violates this Section is fully subject to the criminal and
5civil penalties provided by the laws of this State for his
6actions.
7(Source: P.A. 84-694; 101-652.)
8 (725 ILCS 5/104-13) (from Ch. 38, par. 104-13)
9 Sec. 104-13. Fitness Examination.
10 (a) When the issue of fitness involves the defendant's
11mental condition, the court shall order an examination of the
12defendant by one or more licensed physicians, clinical
13psychologists, or psychiatrists chosen by the court. No
14physician, clinical psychologist or psychiatrist employed by
15the Department of Human Services shall be ordered to perform,
16in his official capacity, an examination under this Section.
17 (b) If the issue of fitness involves the defendant's
18physical condition, the court shall appoint one or more
19physicians and in addition, such other experts as it may deem
20appropriate to examine the defendant and to report to the
21court regarding the defendant's condition.
22 (c) An examination ordered under this Section shall be
23given at the place designated by the person who will conduct
24the examination, except that if the defendant is being held in
25custody, the examination shall take place at such location as

HB4498- 153 -LRB102 22839 RLC 31990 b
1the court directs. No examinations under this Section shall be
2ordered to take place at mental health or developmental
3disabilities facilities operated by the Department of Human
4Services. If the defendant fails to keep appointments without
5reasonable cause or if the person conducting the examination
6reports to the court that diagnosis requires hospitalization
7or extended observation, the court may order the defendant
8admitted to an appropriate facility for an examination, other
9than a screening examination, for not more than 7 days. The
10court may, upon a showing of good cause, grant an additional 7
11days to complete the examination.
12 (d) Release on pretrial release bail or on recognizance
13shall not be revoked and an application therefor shall not be
14denied on the grounds that an examination has been ordered.
15 (e) Upon request by the defense and if the defendant is
16indigent, the court may appoint, in addition to the expert or
17experts chosen pursuant to subsection (a) of this Section, a
18qualified expert selected by the defendant to examine him and
19to make a report as provided in Section 104-15. Upon the filing
20with the court of a verified statement of services rendered,
21the court shall enter an order on the county board to pay such
22expert a reasonable fee stated in the order.
23(Source: P.A. 89-507, eff. 7-1-97; 101-652.)
24 (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
25 Sec. 104-17. Commitment for treatment; treatment plan.

HB4498- 154 -LRB102 22839 RLC 31990 b
1 (a) If the defendant is eligible to be or has been released
2on pretrial release bail or on his own recognizance, the court
3shall select the least physically restrictive form of
4treatment therapeutically appropriate and consistent with the
5treatment plan. The placement may be ordered either on an
6inpatient or an outpatient basis.
7 (b) If the defendant's disability is mental, the court may
8order him placed for treatment in the custody of the
9Department of Human Services, or the court may order him
10placed in the custody of any other appropriate public or
11private mental health facility or treatment program which has
12agreed to provide treatment to the defendant. If the court
13orders the defendant placed in the custody of the Department
14of Human Services, the Department shall evaluate the defendant
15to determine to which secure facility the defendant shall be
16transported and, within 20 days of the transmittal by the
17clerk of the circuit court of the placement court order,
18notify the sheriff of the designated facility. Upon receipt of
19that notice, the sheriff shall promptly transport the
20defendant to the designated facility. If the defendant is
21placed in the custody of the Department of Human Services, the
22defendant shall be placed in a secure setting. During the
23period of time required to determine the appropriate placement
24the defendant shall remain in jail. If during the course of
25evaluating the defendant for placement, the Department of
26Human Services determines that the defendant is currently fit

HB4498- 155 -LRB102 22839 RLC 31990 b
1to stand trial, it shall immediately notify the court and
2shall submit a written report within 7 days. In that
3circumstance the placement shall be held pending a court
4hearing on the Department's report. Otherwise, upon completion
5of the placement process, the sheriff shall be notified and
6shall transport the defendant to the designated facility. If,
7within 20 days of the transmittal by the clerk of the circuit
8court of the placement court order, the Department fails to
9notify the sheriff of the identity of the facility to which the
10defendant shall be transported, the sheriff shall contact a
11designated person within the Department to inquire about when
12a placement will become available at the designated facility
13and bed availability at other facilities. If, within 20 days
14of the transmittal by the clerk of the circuit court of the
15placement court order, the Department fails to notify the
16sheriff of the identity of the facility to which the defendant
17shall be transported, the sheriff shall notify the Department
18of its intent to transfer the defendant to the nearest secure
19mental health facility operated by the Department and inquire
20as to the status of the placement evaluation and availability
21for admission to such facility operated by the Department by
22contacting a designated person within the Department. The
23Department shall respond to the sheriff within 2 business days
24of the notice and inquiry by the sheriff seeking the transfer
25and the Department shall provide the sheriff with the status
26of the evaluation, information on bed and placement

HB4498- 156 -LRB102 22839 RLC 31990 b
1availability, and an estimated date of admission for the
2defendant and any changes to that estimated date of admission.
3If the Department notifies the sheriff during the 2 business
4day period of a facility operated by the Department with
5placement availability, the sheriff shall promptly transport
6the defendant to that facility. The placement may be ordered
7either on an inpatient or an outpatient basis.
8 (c) If the defendant's disability is physical, the court
9may order him placed under the supervision of the Department
10of Human Services which shall place and maintain the defendant
11in a suitable treatment facility or program, or the court may
12order him placed in an appropriate public or private facility
13or treatment program which has agreed to provide treatment to
14the defendant. The placement may be ordered either on an
15inpatient or an outpatient basis.
16 (d) The clerk of the circuit court shall within 5 days of
17the entry of the order transmit to the Department, agency or
18institution, if any, to which the defendant is remanded for
19treatment, the following:
20 (1) a certified copy of the order to undergo
21 treatment. Accompanying the certified copy of the order to
22 undergo treatment shall be the complete copy of any report
23 prepared under Section 104-15 of this Code or other report
24 prepared by a forensic examiner for the court;
25 (2) the county and municipality in which the offense
26 was committed;

HB4498- 157 -LRB102 22839 RLC 31990 b
1 (3) the county and municipality in which the arrest
2 took place;
3 (4) a copy of the arrest report, criminal charges,
4 arrest record; and
5 (5) all additional matters which the Court directs the
6 clerk to transmit.
7 (e) Within 30 days of entry of an order to undergo
8treatment, the person supervising the defendant's treatment
9shall file with the court, the State, and the defense a report
10assessing the facility's or program's capacity to provide
11appropriate treatment for the defendant and indicating his
12opinion as to the probability of the defendant's attaining
13fitness within a period of time from the date of the finding of
14unfitness. For a defendant charged with a felony, the period
15of time shall be one year. For a defendant charged with a
16misdemeanor, the period of time shall be no longer than the
17sentence if convicted of the most serious offense. If the
18report indicates that there is a substantial probability that
19the defendant will attain fitness within the time period, the
20treatment supervisor shall also file a treatment plan which
21shall include:
22 (1) A diagnosis of the defendant's disability;
23 (2) A description of treatment goals with respect to
24 rendering the defendant fit, a specification of the
25 proposed treatment modalities, and an estimated timetable
26 for attainment of the goals;

HB4498- 158 -LRB102 22839 RLC 31990 b
1 (3) An identification of the person in charge of
2 supervising the defendant's treatment.
3(Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18;
4101-652.)
5 (725 ILCS 5/106D-1)
6 (Text of Section before amendment by P.A. 101-652)
7 Sec. 106D-1. Defendant's appearance by closed circuit
8television and video conference.
9 (a) Whenever the appearance in person in court, in either
10a civil or criminal proceeding, is required of anyone held in a
11place of custody or confinement operated by the State or any of
12its political subdivisions, including counties and
13municipalities, the chief judge of the circuit by rule may
14permit the personal appearance to be made by means of two-way
15audio-visual communication, including closed circuit
16television and computerized video conference, in the following
17proceedings:
18 (1) the initial appearance before a judge on a
19 criminal complaint, at which bail will be set;
20 (2) the waiver of a preliminary hearing;
21 (3) the arraignment on an information or indictment at
22 which a plea of not guilty will be entered;
23 (4) the presentation of a jury waiver;
24 (5) any status hearing;
25 (6) any hearing conducted under the Sexually Violent

HB4498- 159 -LRB102 22839 RLC 31990 b
1 Persons Commitment Act at which no witness testimony will
2 be taken; and
3 (7) at any hearing at which no witness testimony will
4 be taken conducted under the following:
5 (A) Section 104-20 of this Code (90-day hearings);
6 (B) Section 104-22 of this Code (trial with
7 special provisions and assistance);
8 (C) Section 104-25 of this Code (discharge
9 hearing); or
10 (D) Section 5-2-4 of the Unified Code of
11 Corrections (proceedings after acquittal by reason of
12 insanity).
13 (b) The two-way audio-visual communication facilities must
14provide two-way audio-visual communication between the court
15and the place of custody or confinement, and must include a
16secure line over which the person in custody and his or her
17counsel, if any, may communicate.
18 (c) Nothing in this Section shall be construed to prohibit
19other court appearances through the use of two-way
20audio-visual communication, upon waiver of any right the
21person in custody or confinement may have to be present
22physically.
23 (d) Nothing in this Section shall be construed to
24establish a right of any person held in custody or confinement
25to appear in court through two-way audio-visual communication
26or to require that any governmental entity, or place of

HB4498- 160 -LRB102 22839 RLC 31990 b
1custody or confinement, provide two-way audio-visual
2communication.
3(Source: P.A. 102-486, eff. 8-20-21.)
4 (Text of Section after amendment by P.A. 101-652)
5 Sec. 106D-1. Defendant's appearance by closed circuit
6television and video conference.
7 (a) Whenever the appearance in person in court, in either
8a civil or criminal proceeding, is required of anyone held in a
9place of custody or confinement operated by the State or any of
10its political subdivisions, including counties and
11municipalities, the chief judge of the circuit by rule may
12permit the personal appearance to be made by means of two-way
13audio-visual communication, including closed circuit
14television and computerized video conference, in the following
15proceedings:
16 (1) the initial appearance before a judge on a
17 criminal complaint, at which the conditions of pretrial
18 release bail will be set;
19 (2) the waiver of a preliminary hearing;
20 (3) the arraignment on an information or indictment at
21 which a plea of not guilty will be entered;
22 (4) the presentation of a jury waiver;
23 (5) any status hearing;
24 (6) any hearing conducted under the Sexually Violent
25 Persons Commitment Act at which no witness testimony will

HB4498- 161 -LRB102 22839 RLC 31990 b
1 be taken; and
2 (7) at any hearing at which no witness testimony will
3 be taken conducted under the following:
4 (A) Section 104-20 of this Code (90-day hearings);
5 (B) Section 104-22 of this Code (trial with
6 special provisions and assistance);
7 (C) Section 104-25 of this Code (discharge
8 hearing); or
9 (D) Section 5-2-4 of the Unified Code of
10 Corrections (proceedings after acquittal by reason of
11 insanity).
12 (b) The two-way audio-visual communication facilities must
13provide two-way audio-visual communication between the court
14and the place of custody or confinement, and must include a
15secure line over which the person in custody and his or her
16counsel, if any, may communicate.
17 (c) Nothing in this Section shall be construed to prohibit
18other court appearances through the use of two-way
19audio-visual communication, upon waiver of any right the
20person in custody or confinement may have to be present
21physically.
22 (d) Nothing in this Section shall be construed to
23establish a right of any person held in custody or confinement
24to appear in court through two-way audio-visual communication
25or to require that any governmental entity, or place of
26custody or confinement, provide two-way audio-visual

HB4498- 162 -LRB102 22839 RLC 31990 b
1communication.
2(Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21;
3revised 10-12-21.)
4 (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
5 (Text of Section before amendment by P.A. 101-652)
6 Sec. 107-4. Arrest by peace officer from other
7jurisdiction.
8 (a) As used in this Section:
9 (1) "State" means any State of the United States and
10 the District of Columbia.
11 (2) "Peace Officer" means any peace officer or member
12 of any duly organized State, County, or Municipal peace
13 unit, any police force of another State, the United States
14 Department of Defense, or any police force whose members,
15 by statute, are granted and authorized to exercise powers
16 similar to those conferred upon any peace officer employed
17 by a law enforcement agency of this State.
18 (3) "Fresh pursuit" means the immediate pursuit of a
19 person who is endeavoring to avoid arrest.
20 (4) "Law enforcement agency" means a municipal police
21 department or county sheriff's office of this State.
22 (a-3) Any peace officer employed by a law enforcement
23agency of this State may conduct temporary questioning
24pursuant to Section 107-14 of this Code and may make arrests in
25any jurisdiction within this State: (1) if the officer is

HB4498- 163 -LRB102 22839 RLC 31990 b
1engaged in the investigation of criminal activity that
2occurred in the officer's primary jurisdiction and the
3temporary questioning or arrest relates to, arises from, or is
4conducted pursuant to that investigation; or (2) if the
5officer, while on duty as a peace officer, becomes personally
6aware of the immediate commission of a felony or misdemeanor
7violation of the laws of this State; or (3) if the officer,
8while on duty as a peace officer, is requested by an
9appropriate State or local law enforcement official to render
10aid or assistance to the requesting law enforcement agency
11that is outside the officer's primary jurisdiction; or (4) in
12accordance with Section 2605-580 of the Illinois State Police
13Law of the Civil Administrative Code of Illinois. While acting
14pursuant to this subsection, an officer has the same authority
15as within his or her own jurisdiction.
16 (a-7) The law enforcement agency of the county or
17municipality in which any arrest is made under this Section
18shall be immediately notified of the arrest.
19 (b) Any peace officer of another State who enters this
20State in fresh pursuit and continues within this State in
21fresh pursuit of a person in order to arrest him on the ground
22that he has committed an offense in the other State has the
23same authority to arrest and hold the person in custody as
24peace officers of this State have to arrest and hold a person
25in custody on the ground that he has committed an offense in
26this State.

HB4498- 164 -LRB102 22839 RLC 31990 b
1 (c) If an arrest is made in this State by a peace officer
2of another State in accordance with the provisions of this
3Section he shall without unnecessary delay take the person
4arrested before the circuit court of the county in which the
5arrest was made. Such court shall conduct a hearing for the
6purpose of determining the lawfulness of the arrest. If the
7court determines that the arrest was lawful it shall commit
8the person arrested, to await for a reasonable time the
9issuance of an extradition warrant by the Governor of this
10State, or admit him to bail for such purpose. If the court
11determines that the arrest was unlawful it shall discharge the
12person arrested.
13(Source: P.A. 102-538, eff. 8-20-21.)
14 (Text of Section after amendment by P.A. 101-652)
15 Sec. 107-4. Arrest by peace officer from other
16jurisdiction.
17 (a) As used in this Section:
18 (1) "State" means any State of the United States and
19 the District of Columbia.
20 (2) "Peace Officer" means any peace officer or member
21 of any duly organized State, County, or Municipal peace
22 unit, any police force of another State, the United States
23 Department of Defense, or any police force whose members,
24 by statute, are granted and authorized to exercise powers
25 similar to those conferred upon any peace officer employed

HB4498- 165 -LRB102 22839 RLC 31990 b
1 by a law enforcement agency of this State.
2 (3) "Fresh pursuit" means the immediate pursuit of a
3 person who is endeavoring to avoid arrest.
4 (4) "Law enforcement agency" means a municipal police
5 department or county sheriff's office of this State.
6 (a-3) Any peace officer employed by a law enforcement
7agency of this State may conduct temporary questioning
8pursuant to Section 107-14 of this Code and may make arrests in
9any jurisdiction within this State: (1) if the officer is
10engaged in the investigation of criminal activity that
11occurred in the officer's primary jurisdiction and the
12temporary questioning or arrest relates to, arises from, or is
13conducted pursuant to that investigation; or (2) if the
14officer, while on duty as a peace officer, becomes personally
15aware of the immediate commission of a felony or misdemeanor
16violation of the laws of this State; or (3) if the officer,
17while on duty as a peace officer, is requested by an
18appropriate State or local law enforcement official to render
19aid or assistance to the requesting law enforcement agency
20that is outside the officer's primary jurisdiction; or (4) in
21accordance with Section 2605-580 of the Illinois State Police
22Law of the Civil Administrative Code of Illinois. While acting
23pursuant to this subsection, an officer has the same authority
24as within his or her own jurisdiction.
25 (a-7) The law enforcement agency of the county or
26municipality in which any arrest is made under this Section

HB4498- 166 -LRB102 22839 RLC 31990 b
1shall be immediately notified of the arrest.
2 (b) Any peace officer of another State who enters this
3State in fresh pursuit and continues within this State in
4fresh pursuit of a person in order to arrest him on the ground
5that he has committed an offense in the other State has the
6same authority to arrest and hold the person in custody as
7peace officers of this State have to arrest and hold a person
8in custody on the ground that he has committed an offense in
9this State.
10 (c) If an arrest is made in this State by a peace officer
11of another State in accordance with the provisions of this
12Section he shall without unnecessary delay take the person
13arrested before the circuit court of the county in which the
14arrest was made. Such court shall conduct a hearing for the
15purpose of determining the lawfulness of the arrest. If the
16court determines that the arrest was lawful it shall commit
17the person arrested, to await for a reasonable time the
18issuance of an extradition warrant by the Governor of this
19State, or admit him to pretrial release bail for such purpose.
20If the court determines that the arrest was unlawful it shall
21discharge the person arrested.
22(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;
23revised 10-20-21.)
24 (725 ILCS 5/107-9) (from Ch. 38, par. 107-9)
25 Sec. 107-9. Issuance of arrest warrant upon complaint.

HB4498- 167 -LRB102 22839 RLC 31990 b
1 (a) When a complaint is presented to a court charging that
2an offense has been committed it shall examine upon oath or
3affirmation the complainant or any witnesses.
4 (b) The complaint shall be in writing and shall:
5 (1) State the name of the accused if known, and if not
6 known the accused may be designated by any name or
7 description by which he can be identified with reasonable
8 certainty;
9 (2) State the offense with which the accused is
10 charged;
11 (3) State the time and place of the offense as
12 definitely as can be done by the complainant; and
13 (4) Be subscribed and sworn to by the complainant.
14 (b-5) If an arrest warrant is sought and the request is
15made by electronic means that has a simultaneous video and
16audio transmission between the requester and a judge, the
17judge may issue an arrest warrant based upon a sworn complaint
18or sworn testimony communicated in the transmission.
19 (c) A warrant shall be issued by the court for the arrest
20of the person complained against if it appears from the
21contents of the complaint and the examination of the
22complainant or other witnesses, if any, that the person
23against whom the complaint was made has committed an offense.
24 (d) The warrant of arrest shall:
25 (1) Be in writing;
26 (2) Specify the name, sex and birth date of the person

HB4498- 168 -LRB102 22839 RLC 31990 b
1 to be arrested or if his name, sex or birth date is
2 unknown, shall designate such person by any name or
3 description by which he can be identified with reasonable
4 certainty;
5 (3) Set forth the nature of the offense;
6 (4) State the date when issued and the municipality or
7 county where issued;
8 (5) Be signed by the judge of the court with the title
9 of his office;
10 (6) Command that the person against whom the complaint
11 was made be arrested and brought before the court issuing
12 the warrant or if he is absent or unable to act before the
13 nearest or most accessible court in the same county;
14 (7) Specify the conditions of pretrial release amount
15 of bail; and
16 (8) Specify any geographical limitation placed on the
17 execution of the warrant, but such limitation shall not be
18 expressed in mileage.
19 (e) The warrant shall be directed to all peace officers in
20the State. It shall be executed by the peace officer, or by a
21private person specially named therein, at any location within
22the geographic limitation for execution placed on the warrant.
23If no geographic limitation is placed on the warrant, then it
24may be executed anywhere in the State.
25 (f) The arrest warrant may be issued electronically or
26electromagnetically by use of electronic mail or a facsimile

HB4498- 169 -LRB102 22839 RLC 31990 b
1transmission machine and any arrest warrant shall have the
2same validity as a written warrant.
3(Source: P.A. 101-239, eff. 1-1-20; 101-652.)
4 (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
5 Sec. 109-1. Person arrested; release from law enforcement
6custody and court appearance; geographical constraints prevent
7in-person appearances.
8 (a) A person arrested with or without a warrant for an
9offense for which pretrial release may be denied under
10paragraphs (1) through (6) of Section 110-6.1 shall be taken
11without unnecessary delay before the nearest and most
12accessible judge in that county, except when such county is a
13participant in a regional jail authority, in which event such
14person may be taken to the nearest and most accessible judge,
15irrespective of the county where such judge presides, and a
16charge shall be filed. Whenever a person arrested either with
17or without a warrant is required to be taken before a judge, a
18charge may be filed against such person by way of a two-way
19closed circuit television system, except that a hearing to
20deny pretrial release bail to the defendant may not be
21conducted by way of closed circuit television.
22 (a-1) Law enforcement shall issue a citation in lieu of
23custodial arrest, upon proper identification, for those
24accused of traffic and Class B and C criminal misdemeanor
25offenses, or of petty and business offenses, who pose no

HB4498- 170 -LRB102 22839 RLC 31990 b
1obvious threat to the community or any person, or who have no
2obvious medical or mental health issues that pose a risk to
3their own safety. Those released on citation shall be
4scheduled into court within 21 days.
5 (a-3) A person arrested with or without a warrant for an
6offense for which pretrial release may not be denied may,
7except as otherwise provided in this Code, be released by the
8officer without appearing before a judge. The releasing
9officer shall issue the person a summons to appear within 21
10days. A presumption in favor of pretrial release shall by
11applied by an arresting officer in the exercise of his or her
12discretion under this Section.
13 (a-5) A person charged with an offense shall be allowed
14counsel at the hearing at which pretrial release bail is
15determined under Article 110 of this Code. If the defendant
16desires counsel for his or her initial appearance but is
17unable to obtain counsel, the court shall appoint a public
18defender or licensed attorney at law of this State to
19represent him or her for purposes of that hearing.
20 (b) Upon initial appearance of a person before the court,
21the The judge shall:
22 (1) inform Inform the defendant of the charge against
23 him and shall provide him with a copy of the charge;
24 (2) advise Advise the defendant of his right to
25 counsel and if indigent shall appoint a public defender or
26 licensed attorney at law of this State to represent him in

HB4498- 171 -LRB102 22839 RLC 31990 b
1 accordance with the provisions of Section 113-3 of this
2 Code;
3 (3) schedule Schedule a preliminary hearing in
4 appropriate cases;
5 (4) admit Admit the defendant to pretrial release bail
6 in accordance with the provisions of Article 110/5 110 of
7 this Code, or upon verified petition of the State, proceed
8 with the setting of a detention hearing as provided in
9 Section 110-6.1; and
10 (5) Order the confiscation of the person's passport or
11 impose travel restrictions on a defendant arrested for
12 first degree murder or other violent crime as defined in
13 Section 3 of the Rights of Crime Victims and Witnesses
14 Act, if the judge determines, based on the factors in
15 Section 110-5 of this Code, that this will reasonably
16 ensure the appearance of the defendant and compliance by
17 the defendant with all conditions of release.
18 (c) The court may issue an order of protection in
19accordance with the provisions of Article 112A of this Code.
20Crime victims shall be given notice by the State's Attorney's
21office of this hearing as required in paragraph (2) of
22subsection (b) of the Rights of Crime Victims and Witnesses
23Act and shall be informed of their opportunity at this hearing
24to obtain an order of protection under Article 112A of this
25Code.
26 (d) At the initial appearance of a defendant in any

HB4498- 172 -LRB102 22839 RLC 31990 b
1criminal proceeding, the court must advise the defendant in
2open court that any foreign national who is arrested or
3detained has the right to have notice of the arrest or
4detention given to his or her country's consular
5representatives and the right to communicate with those
6consular representatives if the notice has not already been
7provided. The court must make a written record of so advising
8the defendant.
9 (e) If consular notification is not provided to a
10defendant before his or her first appearance in court, the
11court shall grant any reasonable request for a continuance of
12the proceedings to allow contact with the defendant's
13consulate. Any delay caused by the granting of the request by a
14defendant shall temporarily suspend for the time of the delay
15the period within which a person shall be tried as prescribed
16by subsections (a), (b), or (e) of Section 103-5 of this Code
17and on the day of the expiration of delay the period shall
18continue at the point at which it was suspended.
19 (f) At the hearing at which conditions of pretrial release
20are determined, the person charged shall be present in person
21rather than by video phone or any other form of electronic
22communication, unless the physical health and safety of the
23person would be endangered by appearing in court or the
24accused waives the right to be present in person.
25 (g) Defense counsel shall be given adequate opportunity to
26confer with Defendant prior to any hearing in which conditions

HB4498- 173 -LRB102 22839 RLC 31990 b
1of release or the detention of the Defendant is to be
2considered, with a physical accommodation made to facilitate
3attorney/client consultation.
4(Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1,
5eff. 1-1-18; 101-652.)
6 (725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
7 Sec. 109-2. Person arrested in another county. (a) Any
8person arrested in a county other than the one in which a
9warrant for his arrest was issued shall be taken without
10unnecessary delay before the nearest and most accessible judge
11in the county where the arrest was made or, if no additional
12delay is created, before the nearest and most accessible judge
13in the county from which the warrant was issued. Upon arrival
14in the county in which the warrant was issued, the status of
15the arrested person's release status shall be determined by
16the release revocation process described in Section 110-6. He
17shall be admitted to bail in the amount specified in the
18warrant or, for offenses other than felonies, in an amount as
19set by the judge, and such bail shall be conditioned on his
20appearing in the court issuing the warrant on a certain date.
21The judge may hold a hearing to determine if the defendant is
22the same person as named in the warrant.
23 (b) Notwithstanding the provisions of subsection (a), any
24person arrested in a county other than the one in which a
25warrant for his arrest was issued, may waive the right to be

HB4498- 174 -LRB102 22839 RLC 31990 b
1taken before a judge in the county where the arrest was made.
2If a person so arrested waives such right, the arresting
3agency shall surrender such person to a law enforcement agency
4of the county that issued the warrant without unnecessary
5delay. The provisions of Section 109-1 shall then apply to the
6person so arrested.
7 (c) If a defendant is charged with a felony offense, but
8has a warrant in another county, the defendant shall be taken
9to the county that issued the warrant within 72 hours of the
10completion of condition or detention hearing, so that release
11or detention status can be resolved. This provision shall not
12apply to warrants issued outside of Illinois.
13(Source: P.A. 86-298; 101-652.)
14 (725 ILCS 5/109-3) (from Ch. 38, par. 109-3)
15 Sec. 109-3. Preliminary examination.)
16 (a) The judge shall hold the defendant to answer to the
17court having jurisdiction of the offense if from the evidence
18it appears there is probable cause to believe an offense has
19been committed by the defendant, as provided in Section
20109-3.1 of this Code, if the offense is a felony.
21 (b) If the defendant waives preliminary examination the
22judge shall hold him to answer and may, or on the demand of the
23prosecuting attorney shall, cause the witnesses for the State
24to be examined. After hearing the testimony if it appears that
25there is not probable cause to believe the defendant guilty of

HB4498- 175 -LRB102 22839 RLC 31990 b
1any offense the judge shall discharge him.
2 (c) During the examination of any witness or when the
3defendant is making a statement or testifying the judge may
4and on the request of the defendant or State shall exclude all
5other witnesses. He may also cause the witnesses to be kept
6separate and to be prevented from communicating with each
7other until all are examined.
8 (d) If the defendant is held to answer the judge may
9require any material witness for the State or defendant to
10enter into a written undertaking to appear at the trial, and
11may provide for the forfeiture of a sum certain in the event
12the witness does not appear at the trial. Any witness who
13refuses to execute a recognizance may be committed by the
14judge to the custody of the sheriff until trial or further
15order of the court having jurisdiction of the cause. Any
16witness who executes a recognizance and fails to comply with
17its terms shall, in addition to any forfeiture provided in the
18recognizance, be subject to the penalty provided in Section
1932-10 of the Criminal Code of 2012 for violation of the
20conditions of pretrial release bail bond.
21 (e) During preliminary hearing or examination the
22defendant may move for an order of suppression of evidence
23pursuant to Section 114-11 or 114-12 of this Act or for other
24reasons, and may move for dismissal of the charge pursuant to
25Section 114-1 of this Act or for other reasons.
26(Source: P.A. 97-1150, eff. 1-25-13; 101-652.)

HB4498- 176 -LRB102 22839 RLC 31990 b
1 (725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1)
2 Sec. 109-3.1. Persons Charged with Felonies. (a) In any
3case involving a person charged with a felony in this State,
4alleged to have been committed on or after January 1, 1984, the
5provisions of this Section shall apply.
6 (b) Every person in custody in this State for the alleged
7commission of a felony shall receive either a preliminary
8examination as provided in Section 109-3 or an indictment by
9Grand Jury as provided in Section 111-2, within 30 days from
10the date he or she was taken into custody. Every person on
11pretrial release bail or recognizance for the alleged
12commission of a felony shall receive either a preliminary
13examination as provided in Section 109-3 or an indictment by
14Grand Jury as provided in Section 111-2, within 60 days from
15the date he or she was arrested.
16The provisions of this paragraph shall not apply in the
17following situations:
18 (1) when delay is occasioned by the defendant; or
19 (2) when the defendant has been indicted by the Grand Jury
20on the felony offense for which he or she was initially taken
21into custody or on an offense arising from the same
22transaction or conduct of the defendant that was the basis for
23the felony offense or offenses initially charged; or
24 (3) when a competency examination is ordered by the court;
25or

HB4498- 177 -LRB102 22839 RLC 31990 b
1 (4) when a competency hearing is held; or
2 (5) when an adjudication of incompetency for trial has
3been made; or
4 (6) when the case has been continued by the court under
5Section 114-4 of this Code after a determination that the
6defendant is physically incompetent to stand trial.
7 (c) Delay occasioned by the defendant shall temporarily
8suspend, for the time of the delay, the period within which the
9preliminary examination must be held. On the day of expiration
10of the delay the period in question shall continue at the point
11at which it was suspended.
12(Source: P.A. 83-644; 101-652.)
13 (725 ILCS 5/Art. 110 heading)
14
ARTICLE 110. PRETRIAL RELEASE BAIL
15 (725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
16 Sec. 110-1. Definitions. (a) (Blank). "Security" is that
17which is required to be pledged to insure the payment of bail.
18 (b) "Sureties" encompasses the monetary and nonmonetary
19requirements set by the court as conditions for release either
20before or after conviction. "Surety" is one who executes a
21bail bond and binds himself to pay the bail if the person in
22custody fails to comply with all conditions of the bail bond.
23 (c) The phrase "for which a sentence of imprisonment,
24without conditional and revocable release, shall be imposed by

HB4498- 178 -LRB102 22839 RLC 31990 b
1law as a consequence of conviction" means an offense for which
2a sentence of imprisonment, without probation, periodic
3imprisonment or conditional discharge, is required by law upon
4conviction.
5 (d) (Blank.) "Real and present threat to the physical
6safety of any person or persons", as used in this Article,
7includes a threat to the community, person, persons or class
8of persons.
9 (e) Willful flight means planning or attempting to
10intentionally evade prosecution by concealing oneself. Simple
11past non-appearance in court alone is not evidence of future
12intent to evade prosecution.
13(Source: P.A. 85-892; 101-652.)
14 (725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
15 Sec. 110-2. Release on own recognizance.
16 (a) It is presumed that a defendant is entitled to release
17on personal recognizance on the condition that the defendant
18attend all required court proceedings and the defendant does
19not commit any criminal offense, and complies with all terms
20of pretrial release, including, but not limited to, orders of
21protection under both Section 112A-4 of this Code and Section
22214 of the Illinois Domestic Violence Act of 1986, all civil no
23contact orders, and all stalking no contact orders.
24 (b) Additional conditions of release, including those
25highlighted above, shall be set only when it is determined

HB4498- 179 -LRB102 22839 RLC 31990 b
1that they are necessary to assure the defendant's appearance
2in court, assure the defendant does not commit any criminal
3offense, and complies with all conditions of pretrial release.
4 (c) Detention only shall be imposed when it is determined
5that the defendant poses a specific, real and present threat
6to a person, or has a high likelihood of willful flight. If the
7court deems that the defendant is to be released on personal
8recognizance, the court may require that a written
9admonishment be signed by When from all the circumstances the
10court is of the opinion that the defendant will appear as
11required either before or after conviction and the defendant
12will not pose a danger to any person or the community and that
13the defendant will comply with all conditions of bond, which
14shall include the defendant's current address with a written
15admonishment to the defendant requiring that he or she must
16comply with the provisions of Section 110-12 of this Code
17regarding any change in his or her address. The , the defendant
18may be released on his or her own recognizance upon signature.
19The defendant's address shall at all times remain a matter of
20public record with the clerk of the court. A failure to appear
21as required by such recognizance shall constitute an offense
22subject to the penalty provided in Section 32-10 of the
23Criminal Code of 2012 for violation of the conditions of
24pretrial release bail bond, and any obligated sum fixed in the
25recognizance shall be forfeited and collected in accordance
26with subsection (g) of Section 110-7 of this Code.

HB4498- 180 -LRB102 22839 RLC 31990 b
1 (d) If, after the procedures set out in Section 110-6.1,
2the court decides to detain the defendant, the Court must make
3a written finding as to why less restrictive conditions would
4not assure safety to the community and assure the defendant's
5appearance in court. At each subsequent appearance of the
6defendant before the Court, the judge must find that continued
7detention or the current set of conditions imposed are
8necessary to avoid the specific, real and present threat to
9any person or of willful flight from prosecution to continue
10detention of the defendant. The court is not required to be
11presented with new information or a change in circumstance to
12consider reconsidering pretrial detention on current
13conditions.
14 (e) This Section shall be liberally construed to
15effectuate the purpose of relying upon contempt of court
16proceedings or criminal sanctions instead of financial loss to
17assure the appearance of the defendant, and that the defendant
18will not pose a danger to any person or the community and that
19the defendant will not pose comply with all conditions of
20bond. Monetary bail should be set only when it is determined
21that no other conditions of release will reasonably assure the
22defendant's appearance in court, that the defendant does not
23present a danger to any person or the community and that the
24defendant will comply with all conditions of pretrial release
25bond.
26 The State may appeal any order permitting release by

HB4498- 181 -LRB102 22839 RLC 31990 b
1personal recognizance.
2(Source: P.A. 97-1150, eff. 1-25-13; 101-652.)
3 (725 ILCS 5/110-3) (from Ch. 38, par. 110-3)
4 Sec. 110-3. Options for warrant alternatives Issuance of
5warrant.
6 (a) Upon failure to comply with any condition of pretrial
7release a bail bond or recognizance the court having
8jurisdiction at the time of such failure may, on its own motion
9or upon motion from the State, issue an order to show cause as
10to why he or she shall not be subject to revocation of pretrial
11release, or for sanctions, as provided in Section 110-6.
12Nothing in this Section prohibits the court from issuing a
13warrant under subsection (c) upon failure to comply with any
14condition of pretrial release or recognizance.
15 (b) The order issued by the court shall state the facts
16alleged to constitute the hearing to show cause or otherwise
17why the person is subject to revocation of pretrial release. A
18certified copy of the order shall be served upon the person at
19least 48 hours in advance of the scheduled hearing.
20 (c) If the person does not appear at the hearing to show
21cause or absconds, the court may, in addition to any other
22action provided by law, issue a warrant for the arrest of the
23person at liberty on pretrial release bail or his own
24recognizance. The contents of such a warrant shall be the same
25as required for an arrest warrant issued upon complaint and

HB4498- 182 -LRB102 22839 RLC 31990 b
1may modify any previously imposed conditions placed upon the
2person, rather than revoking pretrial release or issuing a
3warrant for the person in accordance with the requirements in
4subsections (d) and (e) of Section 110-5. When a defendant is
5at liberty on pretrial release bail or his own recognizance on
6a felony charge and fails to appear in court as directed, the
7court may shall issue a warrant for the arrest of such person
8after his or her failure to appear at the show for cause
9hearing as provided in this Section. Such warrant shall be
10noted with a directive to peace officers to arrest the person
11and hold such person without pretrial release bail and to
12deliver such person before the court for further proceedings.
13 (d) If the order as described in Subsection B is issued, a
14failure to appear shall not be recorded until the Defendant
15fails to appear at the hearing to show cause. For the purpose
16of any risk assessment or future evaluation of risk of willful
17flight or risk of failure to appear, a non-appearance in court
18cured by an appearance at the hearing to show cause shall not
19be considered as evidence of future likelihood appearance in
20court. A defendant who is arrested or surrenders within 30
21days of the issuance of such warrant shall not be bailable in
22the case in question unless he shows by the preponderance of
23the evidence that his failure to appear was not intentional.
24(Source: P.A. 86-298; 86-984; 86-1028; 101-652.)
25 (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)

HB4498- 183 -LRB102 22839 RLC 31990 b
1 Sec. 110-4. Pretrial release Bailable Offenses.
2 (a) All persons charged with an offense shall be eligible
3for pretrial release before conviction. Pretrial release may
4only be denied when a person is charged with an offense listed
5in Section 110-6.1 or when the defendant has a high likelihood
6of willful flight, and after the court has held a hearing under
7Section 110-6.1. All persons shall be bailable before
8conviction, except the following offenses where the proof is
9evident or the presumption great that the defendant is guilty
10of the offense: capital offenses; offenses for which a
11sentence of life imprisonment may be imposed as a consequence
12of conviction; felony offenses for which a sentence of
13imprisonment, without conditional and revocable release, shall
14be imposed by law as a consequence of conviction, where the
15court after a hearing, determines that the release of the
16defendant would pose a real and present threat to the physical
17safety of any person or persons; stalking or aggravated
18stalking, where the court, after a hearing, determines that
19the release of the defendant would pose a real and present
20threat to the physical safety of the alleged victim of the
21offense and denial of bail is necessary to prevent fulfillment
22of the threat upon which the charge is based; or unlawful use
23of weapons in violation of item (4) of subsection (a) of
24Section 24-1 of the Criminal Code of 1961 or the Criminal Code
25of 2012 when that offense occurred in a school or in any
26conveyance owned, leased, or contracted by a school to

HB4498- 184 -LRB102 22839 RLC 31990 b
1transport students to or from school or a school-related
2activity, or on any public way within 1,000 feet of real
3property comprising any school, where the court, after a
4hearing, determines that the release of the defendant would
5pose a real and present threat to the physical safety of any
6person and denial of bail is necessary to prevent fulfillment
7of that threat; or making a terrorist threat in violation of
8Section 29D-20 of the Criminal Code of 1961 or the Criminal
9Code of 2012 or an attempt to commit the offense of making a
10terrorist threat, where the court, after a hearing, determines
11that the release of the defendant would pose a real and present
12threat to the physical safety of any person and denial of bail
13is necessary to prevent fulfillment of that threat.
14 (b) A person seeking pretrial release on bail who is
15charged with a capital offense or an offense for which a
16sentence of life imprisonment may be imposed shall not be
17eligible for release pretrial bailable until a hearing is held
18wherein such person has the burden of demonstrating that the
19proof of his guilt is not evident and the presumption is not
20great.
21 (c) Where it is alleged that pretrial bail should be
22denied to a person upon the grounds that the person presents a
23real and present threat to the physical safety of any person or
24persons, the burden of proof of such allegations shall be upon
25the State.
26 (d) When it is alleged that pretrial bail should be denied

HB4498- 185 -LRB102 22839 RLC 31990 b
1to a person charged with stalking or aggravated stalking upon
2the grounds set forth in Section 110-6.3 of this Code, the
3burden of proof of those allegations shall be upon the State.
4(Source: P.A. 97-1150, eff. 1-25-13; 101-652.)
5 (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
6 (Text of Section before amendment by P.A. 101-652)
7 Sec. 110-5. Determining the amount of bail and conditions
8of release.
9 (a) In determining the amount of monetary bail or
10conditions of release, if any, which will reasonably assure
11the appearance of a defendant as required or the safety of any
12other person or the community and the likelihood of compliance
13by the defendant with all the conditions of bail, the court
14shall, on the basis of available information, take into
15account such matters as the nature and circumstances of the
16offense charged, whether the evidence shows that as part of
17the offense there was a use of violence or threatened use of
18violence, whether the offense involved corruption of public
19officials or employees, whether there was physical harm or
20threats of physical harm to any public official, public
21employee, judge, prosecutor, juror or witness, senior citizen,
22child, or person with a disability, whether evidence shows
23that during the offense or during the arrest the defendant
24possessed or used a firearm, machine gun, explosive or metal
25piercing ammunition or explosive bomb device or any military

HB4498- 186 -LRB102 22839 RLC 31990 b
1or paramilitary armament, whether the evidence shows that the
2offense committed was related to or in furtherance of the
3criminal activities of an organized gang or was motivated by
4the defendant's membership in or allegiance to an organized
5gang, the condition of the victim, any written statement
6submitted by the victim or proffer or representation by the
7State regarding the impact which the alleged criminal conduct
8has had on the victim and the victim's concern, if any, with
9further contact with the defendant if released on bail,
10whether the offense was based on racial, religious, sexual
11orientation or ethnic hatred, the likelihood of the filing of
12a greater charge, the likelihood of conviction, the sentence
13applicable upon conviction, the weight of the evidence against
14such defendant, whether there exists motivation or ability to
15flee, whether there is any verification as to prior residence,
16education, or family ties in the local jurisdiction, in
17another county, state or foreign country, the defendant's
18employment, financial resources, character and mental
19condition, past conduct, prior use of alias names or dates of
20birth, and length of residence in the community, the consent
21of the defendant to periodic drug testing in accordance with
22Section 110-6.5, whether a foreign national defendant is
23lawfully admitted in the United States of America, whether the
24government of the foreign national maintains an extradition
25treaty with the United States by which the foreign government
26will extradite to the United States its national for a trial

HB4498- 187 -LRB102 22839 RLC 31990 b
1for a crime allegedly committed in the United States, whether
2the defendant is currently subject to deportation or exclusion
3under the immigration laws of the United States, whether the
4defendant, although a United States citizen, is considered
5under the law of any foreign state a national of that state for
6the purposes of extradition or non-extradition to the United
7States, the amount of unrecovered proceeds lost as a result of
8the alleged offense, the source of bail funds tendered or
9sought to be tendered for bail, whether from the totality of
10the court's consideration, the loss of funds posted or sought
11to be posted for bail will not deter the defendant from flight,
12whether the evidence shows that the defendant is engaged in
13significant possession, manufacture, or delivery of a
14controlled substance or cannabis, either individually or in
15consort with others, whether at the time of the offense
16charged he or she was on bond or pre-trial release pending
17trial, probation, periodic imprisonment or conditional
18discharge pursuant to this Code or the comparable Code of any
19other state or federal jurisdiction, whether the defendant is
20on bond or pre-trial release pending the imposition or
21execution of sentence or appeal of sentence for any offense
22under the laws of Illinois or any other state or federal
23jurisdiction, whether the defendant is under parole, aftercare
24release, mandatory supervised release, or work release from
25the Illinois Department of Corrections or Illinois Department
26of Juvenile Justice or any penal institution or corrections

HB4498- 188 -LRB102 22839 RLC 31990 b
1department of any state or federal jurisdiction, the
2defendant's record of convictions, whether the defendant has
3been convicted of a misdemeanor or ordinance offense in
4Illinois or similar offense in other state or federal
5jurisdiction within the 10 years preceding the current charge
6or convicted of a felony in Illinois, whether the defendant
7was convicted of an offense in another state or federal
8jurisdiction that would be a felony if committed in Illinois
9within the 20 years preceding the current charge or has been
10convicted of such felony and released from the penitentiary
11within 20 years preceding the current charge if a penitentiary
12sentence was imposed in Illinois or other state or federal
13jurisdiction, the defendant's records of juvenile adjudication
14of delinquency in any jurisdiction, any record of appearance
15or failure to appear by the defendant at court proceedings,
16whether there was flight to avoid arrest or prosecution,
17whether the defendant escaped or attempted to escape to avoid
18arrest, whether the defendant refused to identify himself or
19herself, or whether there was a refusal by the defendant to be
20fingerprinted as required by law. Information used by the
21court in its findings or stated in or offered in connection
22with this Section may be by way of proffer based upon reliable
23information offered by the State or defendant. All evidence
24shall be admissible if it is relevant and reliable regardless
25of whether it would be admissible under the rules of evidence
26applicable at criminal trials. If the State presents evidence

HB4498- 189 -LRB102 22839 RLC 31990 b
1that the offense committed by the defendant was related to or
2in furtherance of the criminal activities of an organized gang
3or was motivated by the defendant's membership in or
4allegiance to an organized gang, and if the court determines
5that the evidence may be substantiated, the court shall
6prohibit the defendant from associating with other members of
7the organized gang as a condition of bail or release. For the
8purposes of this Section, "organized gang" has the meaning
9ascribed to it in Section 10 of the Illinois Streetgang
10Terrorism Omnibus Prevention Act.
11 (a-5) There shall be a presumption that any conditions of
12release imposed shall be non-monetary in nature and the court
13shall impose the least restrictive conditions or combination
14of conditions necessary to reasonably assure the appearance of
15the defendant for further court proceedings and protect the
16integrity of the judicial proceedings from a specific threat
17to a witness or participant. Conditions of release may
18include, but not be limited to, electronic home monitoring,
19curfews, drug counseling, stay-away orders, and in-person
20reporting. The court shall consider the defendant's
21socio-economic circumstance when setting conditions of release
22or imposing monetary bail.
23 (b) The amount of bail shall be:
24 (1) Sufficient to assure compliance with the
25 conditions set forth in the bail bond, which shall include
26 the defendant's current address with a written

HB4498- 190 -LRB102 22839 RLC 31990 b
1 admonishment to the defendant that he or she must comply
2 with the provisions of Section 110-12 regarding any change
3 in his or her address. The defendant's address shall at
4 all times remain a matter of public record with the clerk
5 of the court.
6 (2) Not oppressive.
7 (3) Considerate of the financial ability of the
8 accused.
9 (4) When a person is charged with a drug related
10 offense involving possession or delivery of cannabis or
11 possession or delivery of a controlled substance as
12 defined in the Cannabis Control Act, the Illinois
13 Controlled Substances Act, or the Methamphetamine Control
14 and Community Protection Act, the full street value of the
15 drugs seized shall be considered. "Street value" shall be
16 determined by the court on the basis of a proffer by the
17 State based upon reliable information of a law enforcement
18 official contained in a written report as to the amount
19 seized and such proffer may be used by the court as to the
20 current street value of the smallest unit of the drug
21 seized.
22 (b-5) Upon the filing of a written request demonstrating
23reasonable cause, the State's Attorney may request a source of
24bail hearing either before or after the posting of any funds.
25If the hearing is granted, before the posting of any bail, the
26accused must file a written notice requesting that the court

HB4498- 191 -LRB102 22839 RLC 31990 b
1conduct a source of bail hearing. The notice must be
2accompanied by justifying affidavits stating the legitimate
3and lawful source of funds for bail. At the hearing, the court
4shall inquire into any matters stated in any justifying
5affidavits, and may also inquire into matters appropriate to
6the determination which shall include, but are not limited to,
7the following:
8 (1) the background, character, reputation, and
9 relationship to the accused of any surety; and
10 (2) the source of any money or property deposited by
11 any surety, and whether any such money or property
12 constitutes the fruits of criminal or unlawful conduct;
13 and
14 (3) the source of any money posted as cash bail, and
15 whether any such money constitutes the fruits of criminal
16 or unlawful conduct; and
17 (4) the background, character, reputation, and
18 relationship to the accused of the person posting cash
19 bail.
20 Upon setting the hearing, the court shall examine, under
21oath, any persons who may possess material information.
22 The State's Attorney has a right to attend the hearing, to
23call witnesses and to examine any witness in the proceeding.
24The court shall, upon request of the State's Attorney,
25continue the proceedings for a reasonable period to allow the
26State's Attorney to investigate the matter raised in any

HB4498- 192 -LRB102 22839 RLC 31990 b
1testimony or affidavit. If the hearing is granted after the
2accused has posted bail, the court shall conduct a hearing
3consistent with this subsection (b-5). At the conclusion of
4the hearing, the court must issue an order either approving or
5of disapproving the bail.
6 (c) When a person is charged with an offense punishable by
7fine only the amount of the bail shall not exceed double the
8amount of the maximum penalty.
9 (d) When a person has been convicted of an offense and only
10a fine has been imposed the amount of the bail shall not exceed
11double the amount of the fine.
12 (e) The State may appeal any order granting bail or
13setting a given amount for bail.
14 (f) When a person is charged with a violation of an order
15of protection under Section 12-3.4 or 12-30 of the Criminal
16Code of 1961 or the Criminal Code of 2012 or when a person is
17charged with domestic battery, aggravated domestic battery,
18kidnapping, aggravated kidnaping, unlawful restraint,
19aggravated unlawful restraint, stalking, aggravated stalking,
20cyberstalking, harassment by telephone, harassment through
21electronic communications, or an attempt to commit first
22degree murder committed against an intimate partner regardless
23whether an order of protection has been issued against the
24person,
25 (1) whether the alleged incident involved harassment
26 or abuse, as defined in the Illinois Domestic Violence Act

HB4498- 193 -LRB102 22839 RLC 31990 b
1 of 1986;
2 (2) whether the person has a history of domestic
3 violence, as defined in the Illinois Domestic Violence
4 Act, or a history of other criminal acts;
5 (3) based on the mental health of the person;
6 (4) whether the person has a history of violating the
7 orders of any court or governmental entity;
8 (5) whether the person has been, or is, potentially a
9 threat to any other person;
10 (6) whether the person has access to deadly weapons or
11 a history of using deadly weapons;
12 (7) whether the person has a history of abusing
13 alcohol or any controlled substance;
14 (8) based on the severity of the alleged incident that
15 is the basis of the alleged offense, including, but not
16 limited to, the duration of the current incident, and
17 whether the alleged incident involved the use of a weapon,
18 physical injury, sexual assault, strangulation, abuse
19 during the alleged victim's pregnancy, abuse of pets, or
20 forcible entry to gain access to the alleged victim;
21 (9) whether a separation of the person from the
22 alleged victim or a termination of the relationship
23 between the person and the alleged victim has recently
24 occurred or is pending;
25 (10) whether the person has exhibited obsessive or
26 controlling behaviors toward the alleged victim,

HB4498- 194 -LRB102 22839 RLC 31990 b
1 including, but not limited to, stalking, surveillance, or
2 isolation of the alleged victim or victim's family member
3 or members;
4 (11) whether the person has expressed suicidal or
5 homicidal ideations;
6 (12) based on any information contained in the
7 complaint and any police reports, affidavits, or other
8 documents accompanying the complaint,
9the court may, in its discretion, order the respondent to
10undergo a risk assessment evaluation using a recognized,
11evidence-based instrument conducted by an Illinois Department
12of Human Services approved partner abuse intervention program
13provider, pretrial service, probation, or parole agency. These
14agencies shall have access to summaries of the defendant's
15criminal history, which shall not include victim interviews or
16information, for the risk evaluation. Based on the information
17collected from the 12 points to be considered at a bail hearing
18under this subsection (f), the results of any risk evaluation
19conducted and the other circumstances of the violation, the
20court may order that the person, as a condition of bail, be
21placed under electronic surveillance as provided in Section
225-8A-7 of the Unified Code of Corrections. Upon making a
23determination whether or not to order the respondent to
24undergo a risk assessment evaluation or to be placed under
25electronic surveillance and risk assessment, the court shall
26document in the record the court's reasons for making those

HB4498- 195 -LRB102 22839 RLC 31990 b
1determinations. The cost of the electronic surveillance and
2risk assessment shall be paid by, or on behalf, of the
3defendant. As used in this subsection (f), "intimate partner"
4means a spouse or a current or former partner in a cohabitation
5or dating relationship.
6(Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18;
7revised 7-12-19.)
8 (Text of Section after amendment by P.A. 101-652)
9 Sec. 110-5. Determining the amount of bail and conditions
10of release.
11 (a) In determining which the amount of monetary bail or
12conditions of pretrial release, if any, which will reasonably
13assure the appearance of a defendant as required or the safety
14of any other person or the community and the likelihood of
15compliance by the defendant with all the conditions of
16pretrial release bail, the court shall, on the basis of
17available information, take into account such matters as:
18 (1) the nature and circumstances of the offense
19 charged;
20 (2) the weight of the evidence against the eligible
21 defendant, except that the court may consider the
22 admissibility of any evidence sought to be excluded;
23 (3) the history and characteristics of the eligible
24 defendant, including:
25 (A) the eligible defendant's character, physical

HB4498- 196 -LRB102 22839 RLC 31990 b
1 and mental condition, family ties, employment,
2 financial resources, length of residence in the
3 community, community ties, past relating to drug or
4 alcohol abuse, conduct, history criminal history, and
5 record concerning appearance at court proceedings; and
6 (B) whether, at the time of the current offense or
7 arrest, the eligible defendant was on probation,
8 parole, or on other release pending trial, sentencing,
9 appeal, or completion of sentence for an offense under
10 federal law, or the law of this or any other state;
11 (4) the nature and seriousness of the specific, real
12 and present threat to any person that would be posed by the
13 eligible defendant's release, if applicable; as required
14 under paragraph (7.5) of Section 4 of the Rights of Crime
15 Victims and Witnesses Act; and
16 (5) the nature and seriousness of the risk of
17 obstructing or attempting to obstruct the criminal justice
18 process that would be posed by the eligible defendant's
19 release, if applicable.
20 (b) The court shall impose any conditions that are
21mandatory under Section 110-10. The court may impose any
22conditions that are permissible under Section 110-10. , whether
23the evidence shows that as part of the offense there was a use
24of violence or threatened use of violence, whether the offense
25involved corruption of public officials or employees, whether
26there was physical harm or threats of physical harm to any

HB4498- 197 -LRB102 22839 RLC 31990 b
1public official, public employee, judge, prosecutor, juror or
2witness, senior citizen, child, or person with a disability,
3whether evidence shows that during the offense or during the
4arrest the defendant possessed or used a firearm, machine gun,
5explosive or metal piercing ammunition or explosive bomb
6device or any military or paramilitary armament, whether the
7evidence shows that the offense committed was related to or in
8furtherance of the criminal activities of an organized gang or
9was motivated by the defendant's membership in or allegiance
10to an organized gang, the condition of the victim, any written
11statement submitted by the victim or proffer or representation
12by the State regarding the impact which the alleged criminal
13conduct has had on the victim and the victim's concern, if any,
14with further contact with the defendant if released on bail,
15whether the offense was based on racial, religious, sexual
16orientation or ethnic hatred, the likelihood of the filing of
17a greater charge, the likelihood of conviction, the sentence
18applicable upon conviction, the weight of the evidence against
19such defendant, whether there exists motivation or ability to
20flee, whether there is any verification as to prior residence,
21education, or family ties in the local jurisdiction, in
22another county, state or foreign country, the defendant's
23employment, financial resources, character and mental
24condition, past conduct, prior use of alias names or dates of
25birth, and length of residence in the community, the consent
26of the defendant to periodic drug testing in accordance with

HB4498- 198 -LRB102 22839 RLC 31990 b
1Section 110-6.5, whether a foreign national defendant is
2lawfully admitted in the United States of America, whether the
3government of the foreign national maintains an extradition
4treaty with the United States by which the foreign government
5will extradite to the United States its national for a trial
6for a crime allegedly committed in the United States, whether
7the defendant is currently subject to deportation or exclusion
8under the immigration laws of the United States, whether the
9defendant, although a United States citizen, is considered
10under the law of any foreign state a national of that state for
11the purposes of extradition or non-extradition to the United
12States, the amount of unrecovered proceeds lost as a result of
13the alleged offense, the source of bail funds tendered or
14sought to be tendered for bail, whether from the totality of
15the court's consideration, the loss of funds posted or sought
16to be posted for bail will not deter the defendant from flight,
17whether the evidence shows that the defendant is engaged in
18significant possession, manufacture, or delivery of a
19controlled substance or cannabis, either individually or in
20consort with others, whether at the time of the offense
21charged he or she was on bond or pre-trial release pending
22trial, probation, periodic imprisonment or conditional
23discharge pursuant to this Code or the comparable Code of any
24other state or federal jurisdiction, whether the defendant is
25on bond or pre-trial release pending the imposition or
26execution of sentence or appeal of sentence for any offense

HB4498- 199 -LRB102 22839 RLC 31990 b
1under the laws of Illinois or any other state or federal
2jurisdiction, whether the defendant is under parole, aftercare
3release, mandatory supervised release, or work release from
4the Illinois Department of Corrections or Illinois Department
5of Juvenile Justice or any penal institution or corrections
6department of any state or federal jurisdiction, the
7defendant's record of convictions, whether the defendant has
8been convicted of a misdemeanor or ordinance offense in
9Illinois or similar offense in other state or federal
10jurisdiction within the 10 years preceding the current charge
11or convicted of a felony in Illinois, whether the defendant
12was convicted of an offense in another state or federal
13jurisdiction that would be a felony if committed in Illinois
14within the 20 years preceding the current charge or has been
15convicted of such felony and released from the penitentiary
16within 20 years preceding the current charge if a penitentiary
17sentence was imposed in Illinois or other state or federal
18jurisdiction, the defendant's records of juvenile adjudication
19of delinquency in any jurisdiction, any record of appearance
20or failure to appear by the defendant at court proceedings,
21whether there was flight to avoid arrest or prosecution,
22whether the defendant escaped or attempted to escape to avoid
23arrest, whether the defendant refused to identify himself or
24herself, or whether there was a refusal by the defendant to be
25fingerprinted as required by law. Information used by the
26court in its findings or stated in or offered in connection

HB4498- 200 -LRB102 22839 RLC 31990 b
1with this Section may be by way of proffer based upon reliable
2information offered by the State or defendant. All evidence
3shall be admissible if it is relevant and reliable regardless
4of whether it would be admissible under the rules of evidence
5applicable at criminal trials. If the State presents evidence
6that the offense committed by the defendant was related to or
7in furtherance of the criminal activities of an organized gang
8or was motivated by the defendant's membership in or
9allegiance to an organized gang, and if the court determines
10that the evidence may be substantiated, the court shall
11prohibit the defendant from associating with other members of
12the organized gang as a condition of bail or release. For the
13purposes of this Section, "organized gang" has the meaning
14ascribed to it in Section 10 of the Illinois Streetgang
15Terrorism Omnibus Prevention Act.
16 (a-5) There shall be a presumption that any conditions of
17release imposed shall be non-monetary in nature and the court
18shall impose the least restrictive conditions or combination
19of conditions necessary to reasonably assure the appearance of
20the defendant for further court proceedings and protect the
21integrity of the judicial proceedings from a specific threat
22to a witness or participant. Conditions of release may
23include, but not be limited to, electronic home monitoring,
24curfews, drug counseling, stay-away orders, and in-person
25reporting. The court shall consider the defendant's
26socio-economic circumstance when setting conditions of release

HB4498- 201 -LRB102 22839 RLC 31990 b
1or imposing monetary bail.
2 (b) The amount of bail shall be:
3 (1) Sufficient to assure compliance with the
4 conditions set forth in the bail bond, which shall include
5 the defendant's current address with a written
6 admonishment to the defendant that he or she must comply
7 with the provisions of Section 110-12 regarding any change
8 in his or her address. The defendant's address shall at
9 all times remain a matter of public record with the clerk
10 of the court.
11 (2) Not oppressive.
12 (3) Considerate of the financial ability of the
13 accused.
14 (4) When a person is charged with a drug related
15 offense involving possession or delivery of cannabis or
16 possession or delivery of a controlled substance as
17 defined in the Cannabis Control Act, the Illinois
18 Controlled Substances Act, or the Methamphetamine Control
19 and Community Protection Act, the full street value of the
20 drugs seized shall be considered. "Street value" shall be
21 determined by the court on the basis of a proffer by the
22 State based upon reliable information of a law enforcement
23 official contained in a written report as to the amount
24 seized and such proffer may be used by the court as to the
25 current street value of the smallest unit of the drug
26 seized.

HB4498- 202 -LRB102 22839 RLC 31990 b
1 (b-5) Upon the filing of a written request demonstrating
2reasonable cause, the State's Attorney may request a source of
3bail hearing either before or after the posting of any funds.
4If the hearing is granted, before the posting of any bail, the
5accused must file a written notice requesting that the court
6conduct a source of bail hearing. The notice must be
7accompanied by justifying affidavits stating the legitimate
8and lawful source of funds for bail. At the hearing, the court
9shall inquire into any matters stated in any justifying
10affidavits, and may also inquire into matters appropriate to
11the determination which shall include, but are not limited to,
12the following:
13 (1) the background, character, reputation, and
14 relationship to the accused of any surety; and
15 (2) the source of any money or property deposited by
16 any surety, and whether any such money or property
17 constitutes the fruits of criminal or unlawful conduct;
18 and
19 (3) the source of any money posted as cash bail, and
20 whether any such money constitutes the fruits of criminal
21 or unlawful conduct; and
22 (4) the background, character, reputation, and
23 relationship to the accused of the person posting cash
24 bail.
25 Upon setting the hearing, the court shall examine, under
26oath, any persons who may possess material information.

HB4498- 203 -LRB102 22839 RLC 31990 b
1 The State's Attorney has a right to attend the hearing, to
2call witnesses and to examine any witness in the proceeding.
3The court shall, upon request of the State's Attorney,
4continue the proceedings for a reasonable period to allow the
5State's Attorney to investigate the matter raised in any
6testimony or affidavit. If the hearing is granted after the
7accused has posted bail, the court shall conduct a hearing
8consistent with this subsection (b-5). At the conclusion of
9the hearing, the court must issue an order either approving of
10disapproving the bail.
11 (c) When a person is charged with an offense punishable by
12fine only the amount of the bail shall not exceed double the
13amount of the maximum penalty.
14 (d) When a person has been convicted of an offense and only
15a fine has been imposed the amount of the bail shall not exceed
16double the amount of the fine.
17 (e) The State may appeal any order granting bail or
18setting a given amount for bail.
19 (f) (b) When a person is charged with a violation of an
20order of protection under Section 12-3.4 or 12-30 of the
21Criminal Code of 1961 or the Criminal Code of 2012 or when a
22person is charged with domestic battery, aggravated domestic
23battery, kidnapping, aggravated kidnaping, unlawful restraint,
24aggravated unlawful restraint, stalking, aggravated stalking,
25cyberstalking, harassment by telephone, harassment through
26electronic communications, or an attempt to commit first

HB4498- 204 -LRB102 22839 RLC 31990 b
1degree murder committed against an intimate partner regardless
2whether an order of protection has been issued against the
3person,
4 (1) whether the alleged incident involved harassment
5 or abuse, as defined in the Illinois Domestic Violence Act
6 of 1986;
7 (2) whether the person has a history of domestic
8 violence, as defined in the Illinois Domestic Violence
9 Act, or a history of other criminal acts;
10 (3) based on the mental health of the person;
11 (4) whether the person has a history of violating the
12 orders of any court or governmental entity;
13 (5) whether the person has been, or is, potentially a
14 threat to any other person;
15 (6) whether the person has access to deadly weapons or
16 a history of using deadly weapons;
17 (7) whether the person has a history of abusing
18 alcohol or any controlled substance;
19 (8) based on the severity of the alleged incident that
20 is the basis of the alleged offense, including, but not
21 limited to, the duration of the current incident, and
22 whether the alleged incident involved the use of a weapon,
23 physical injury, sexual assault, strangulation, abuse
24 during the alleged victim's pregnancy, abuse of pets, or
25 forcible entry to gain access to the alleged victim;
26 (9) whether a separation of the person from the victim

HB4498- 205 -LRB102 22839 RLC 31990 b
1 of abuse alleged victim or a termination of the
2 relationship between the person and the victim of abuse
3 alleged victim has recently occurred or is pending;
4 (10) whether the person has exhibited obsessive or
5 controlling behaviors toward the victim of abuse alleged
6 victim, including, but not limited to, stalking,
7 surveillance, or isolation of the victim of abuse alleged
8 victim or victim's family member or members;
9 (11) whether the person has expressed suicidal or
10 homicidal ideations;
11 (11.5) any other factors deemed by the court to have a
12 reasonable bearing upon the defendant's propensity or
13 reputation for violent, abusive or assaultive behavior, or
14 lack of that behavior
15 (12) based on any information contained in the
16 complaint and any police reports, affidavits, or other
17 documents accompanying the complaint,
18the court may, in its discretion, order the respondent to
19undergo a risk assessment evaluation using a recognized,
20evidence-based instrument conducted by an Illinois Department
21of Human Services approved partner abuse intervention program
22provider, pretrial service, probation, or parole agency. These
23agencies shall have access to summaries of the defendant's
24criminal history, which shall not include victim interviews or
25information, for the risk evaluation. Based on the information
26collected from the 12 points to be considered at a bail hearing

HB4498- 206 -LRB102 22839 RLC 31990 b
1under this subsection (f), the results of any risk evaluation
2conducted and the other circumstances of the violation, the
3court may order that the person, as a condition of bail, be
4placed under electronic surveillance as provided in Section
55-8A-7 of the Unified Code of Corrections. Upon making a
6determination whether or not to order the respondent to
7undergo a risk assessment evaluation or to be placed under
8electronic surveillance and risk assessment, the court shall
9document in the record the court's reasons for making those
10determinations. The cost of the electronic surveillance and
11risk assessment shall be paid by, or on behalf, of the
12defendant. As used in this subsection (f), "intimate partner"
13means a spouse or a current or former partner in a cohabitation
14or dating relationship.
15 (c) In cases of stalking or aggravated stalking under
16Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
17court may consider the following additional factors:
18 (1) Any evidence of the defendant's prior criminal
19 history indicative of violent, abusive or assaultive
20 behavior, or lack of that behavior. The evidence may
21 include testimony or documents received in juvenile
22 proceedings, criminal, quasi-criminal, civil commitment,
23 domestic relations or other proceedings;
24 (2) Any evidence of the defendant's psychological,
25 psychiatric or other similar social history that tends to
26 indicate a violent, abusive, or assaultive nature, or lack

HB4498- 207 -LRB102 22839 RLC 31990 b
1 of any such history.
2 (3) The nature of the threat which is the basis of the
3 charge against the defendant;
4 (4) Any statements made by, or attributed to the
5 defendant, together with the circumstances surrounding
6 them;
7 (5) The age and physical condition of any person
8 allegedly assaulted by the defendant;
9 (6) Whether the defendant is known to possess or have
10 access to any weapon or weapons;
11 (7) Any other factors deemed by the court to have a
12 reasonable bearing upon the defendant's propensity or
13 reputation for violent, abusive or assaultive behavior, or
14 lack of that behavior.
15 (d) The Court may use a regularly validated risk
16assessment tool to aid it determination of appropriate
17conditions of release as provided for in Section 110-6.4. Risk
18assessment tools may not be used as the sole basis to deny
19pretrial release. If a risk assessment tool is used, the
20defendant's counsel shall be provided with the information and
21scoring system of the risk assessment tool used to arrive at
22the determination. The defendant retains the right to
23challenge the validity of a risk assessment tool used by the
24court and to present evidence relevant to the defendant's
25challenge.
26 (e) If a person remains in pretrial detention after his or

HB4498- 208 -LRB102 22839 RLC 31990 b
1her pretrial conditions hearing after having been ordered
2released with pretrial conditions, the court shall hold a
3hearing to determine the reason for continued detention. If
4the reason for continued detention is due to the
5unavailability or the defendant's ineligibility for one or
6more pretrial conditions previously ordered by the court or
7directed by a pretrial services agency, the court shall reopen
8the conditions of release hearing to determine what available
9pretrial conditions exist that will reasonably assure the
10appearance of a defendant as required or the safety of any
11other person and the likelihood of compliance by the defendant
12with all the conditions of pretrial release. The inability of
13Defendant to pay for a condition of release or any other
14ineligibility for a condition of pretrial release shall not be
15used as a justification for the pretrial detention of that
16Defendant.
17 (f) Prior to the defendant's first appearance, the Court
18shall appoint the public defender or a licensed attorney at
19law of this State to represent the Defendant for purposes of
20that hearing, unless the defendant has obtained licensed
21counsel for themselves.
22 (g) Electronic monitoring, GPS monitoring, or home
23confinement can only be imposed condition of pretrial release
24if a no less restrictive condition of release or combination
25of less restrictive condition of release would reasonably
26ensure the appearance of the defendant for later hearings or

HB4498- 209 -LRB102 22839 RLC 31990 b
1protect an identifiable person or persons from imminent threat
2of serious physical harm.
3 (h) If the court imposes electronic monitoring, GPS
4monitoring, or home confinement the court shall set forth in
5the record the basis for its finding. A defendant shall be
6given custodial credit for each day he or she was subjected to
7that program, at the same rate described in subsection (b) of
8Section 5-4.5-100 of the unified code of correction.
9 (i) If electronic monitoring, GPS monitoring, or home
10confinement is imposed, the court shall determine every 60
11days if no less restrictive condition of release or
12combination of less restrictive conditions of release would
13reasonably ensure the appearance, or continued appearance, of
14the defendant for later hearings or protect an identifiable
15person or persons from imminent threat of serious physical
16harm. If the court finds that there are less restrictive
17conditions of release, the court shall order that the
18condition be removed.
19 (j) Crime Victims shall be given notice by the State's
20Attorney's office of this hearing as required in paragraph (1)
21of subsection (b) of Section 4.5 of the Rights of Crime Victims
22and Witnesses Act and shall be informed of their opportunity
23at this hearing to obtain an order of protection under Article
24112A of this Code.
25(Source: P.A. 100-1, eff. 1-1-18; 101-652, eff. 1-1-23.)

HB4498- 210 -LRB102 22839 RLC 31990 b
1 (725 ILCS 5/110-5.2)
2 Sec. 110-5.2. Pretrial release Bail; pregnant pre-trial
3detainee.
4 (a) It is the policy of this State that a pre-trial
5detainee shall not be required to deliver a child while in
6custody absent a finding by the court that continued pre-trial
7custody is necessary to protect the public or the victim of the
8offense on which the charge is based.
9 (b) If the court reasonably believes that a pre-trial
10detainee will give birth while in custody, the court shall
11order an alternative to custody unless, after a hearing, the
12court determines:
13 (1) that the release of the pregnant pre-trial
14 detainee would pose a real and present threat to the
15 physical safety of the alleged victim of the offense and
16 continuing custody is necessary to prevent the fulfillment
17 of the threat upon which the charge is based; or
18 (2) that the release of the pregnant pre-trial
19 detainee would pose a real and present threat to the
20 physical safety of any person or persons or the general
21 public.
22 (c) The court may order a pregnant or post-partum detainee
23to be subject to electronic monitoring as a condition of
24pre-trial release or order other condition or combination of
25conditions the court reasonably determines are in the best
26interest of the detainee and the public.

HB4498- 211 -LRB102 22839 RLC 31990 b
1 (d) This Section shall be applicable to a pregnant
2pre-trial detainee in custody on or after the effective date
3of this amendatory Act of the 100th General Assembly.
4(Source: P.A. 100-630, eff. 1-1-19; 101-652.)
5 (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
6 Sec. 110-6. Revocation of pretrial release, modification
7of conditions of pretrial release, and sanctions for
8violations of conditions of pretrial release Modification of
9bail or conditions.
10 (a) When a defendant is granted pretrial release under
11this section, that pretrial release may be revoked only under
12the following conditions:
13 (1) if the defendant is charged with a detainable
14 felony as defined in 110-6.1, a defendant may be detained
15 after the State files a verified petition for such a
16 hearing, and gives the defendant notice as prescribed in
17 110-6.1; or
18 (2) in accordance with subsection (b) of this section.
19 (b) Revocation due to a new criminal charge: If an
20individual, while on pretrial release for a Felony or Class A
21misdemeanor under this Section, is charged with a new felony
22or Class A misdemeanor under the Criminal Code of 2012, the
23court may, on its own motion or motion of the state, begin
24proceedings to revoke the individual's' pretrial release.
25 (1) When the defendant is charged with a felony or

HB4498- 212 -LRB102 22839 RLC 31990 b
1 class A misdemeanor offense and while free on pretrial
2 release bail is charged with a subsequent felony or class
3 A misdemeanor offense that is alleged to have occurred
4 during the defendant's pretrial release, the state may
5 file a verified petition for revocation of pretrial
6 release.
7 (2) When a defendant on pretrial release is charged
8 with a violation of an order of protection issued under
9 Section 112A-14 of this Code, or Section 214 of the
10 Illinois Domestic Violence Act of 1986 or previously was
11 convicted of a violation of an order of protection under
12 Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
13 Criminal Code of 2012, and the subject of the order of
14 protection is the same person as the victim in the
15 underlying matter, the state shall file a verified
16 petition for revocation of pretrial release.
17 (3) Upon the filing of this petition, the court shall
18 order the transfer of the defendant and the application to
19 the court before which the previous felony matter is
20 pending. The defendant shall be held without bond pending
21 transfer to and a hearing before such court. The defendant
22 shall be transferred to the court before which the
23 previous matter is pending without unnecessary delay. In
24 no event shall the time between the filing of the state's
25 petition for revocation and the defendant's appearance
26 before the court before which the previous matter is

HB4498- 213 -LRB102 22839 RLC 31990 b
1 pending exceed 72 hours.
2 (4) The court before which the previous felony matter
3 is pending may revoke the defendant's pretrial release
4 only if it finds, after considering all relevant
5 circumstances including, but not limited to, the nature
6 and seriousness of the violation or criminal act alleged,
7 by the court finds clear and convincing evidence that no
8 condition or combination of conditions of release would
9 reasonably assure the appearance of the defendant for
10 later hearings or prevent the defendant from being charged
11 with a subsequent felony or class A misdemeanor.
12 (5) In lieu of revocation, the court may release the
13 defendant pre-trial, with or without modification of
14 conditions of pretrial release.
15 (6) If the case that caused the revocation is
16 dismissed, the defendant is found not guilty in the case
17 causing the revocation, or the defendant completes a
18 lawfully imposed sentence on the case causing the
19 revocation, the court shall, without unnecessary delay,
20 hold a hearing on conditions of release pursuant to
21 section 110-5 and release the defendant with or without
22 modification of conditions of pretrial release.
23 (7) Both the state and the defense may appeal an order
24 revoking pretrial release or denying a petition for
25 revocation of release.
26 (c) Violations other than re-arrest for a felony or class

HB4498- 214 -LRB102 22839 RLC 31990 b
1A misdemeanor. If a defendant:
2 (1) fails to appear in court as required by their
3 conditions of release;
4 (2) is charged with a class B or C misdemeanor, petty
5 offense, traffic offense, or ordinance violation that is
6 alleged to have occurred during the defendant's pretrial
7 release; or
8 (3) violates any other condition of release set by the
9 court,
10the court shall follow the procedures set forth in Section
11110-3 to ensure the defendant's appearance in court to address
12the violation.
13 (d) When a defendant appears in court for a notice to show
14cause hearing, or after being arrested on a warrant issued
15because of a failure to appear at a notice to show cause
16hearing, or after being arrested for an offense other than a
17felony or class A misdemeanor, the state may file a verified
18petition requesting a hearing for sanctions.
19 (e) During the hearing for sanctions, the defendant shall
20be represented by counsel and have an opportunity to be heard
21regarding the violation and evidence in mitigation. The court
22shall only impose sanctions if it finds by clear and
23convincing evidence that:
24 1. The defendant committed an act that violated a term
25 of their pretrial release;
26 2. The defendant had actual knowledge that their

HB4498- 215 -LRB102 22839 RLC 31990 b
1 action would violate a court order;
2 3. The violation of the court order was willful; and
3 4. The violation was not caused by a lack of access to
4 financial monetary resources.
5 (f) Sanctions: sanctions for violations of pretrial
6release may include:
7 1. A verbal or written admonishment from the court;
8 2. Imprisonment in the county jail for a period not
9 exceeding 30 days;
10 3. A fine of not more than $200; or
11 4. A modification of the defendant's pretrial
12 conditions.
13 (g) Modification of Pretrial Conditions
14 (a) The court may, at any time, after motion by either
15 party or on its own motion, remove previously set
16 conditions of pretrial release, subject to the provisions
17 in section (e). The court may only add or increase
18 conditions of pretrial release at a hearing under this
19 Section, in a warrant issued under Section 110-3, or upon
20 motion from the state.
21 (b) Modification of conditions of release regarding
22 contact with victims or witnesses. The court shall not
23 remove a previously set condition of bond regulating
24 contact with a victim or witness in the case, unless the
25 subject of the condition has been given notice of the
26 hearing as required in paragraph (1) of subsection (b) of

HB4498- 216 -LRB102 22839 RLC 31990 b
1 Section 4.5 of the Rights of Crime Victims and Witnesses
2 Act. If the subject of the condition of release is not
3 present, the court shall follow the procedures of
4 paragraph (10) of subsection (c-1) of the Rights of Crime
5 Victims and Witnesses Act.
6 (h) Notice to Victims: Crime Victims shall be given notice
7by the State's Attorney's office of all hearings in this
8section as required in paragraph (1) of subsection (b) of
9Section 4.5 of the Rights of Crime Victims and Witnesses Act
10and shall be informed of their opportunity at these hearing to
11obtain an order of protection under Article 112A of this Code.
12Upon verified application by the State or the defendant or on
13its own motion the court before which the proceeding is
14pending may increase or reduce the amount of bail or may alter
15the conditions of the bail bond or grant bail where it has been
16previously revoked or denied. If bail has been previously
17revoked pursuant to subsection (f) of this Section or if bail
18has been denied to the defendant pursuant to subsection (e) of
19Section 110-6.1 or subsection (e) of Section 110-6.3, the
20defendant shall be required to present a verified application
21setting forth in detail any new facts not known or obtainable
22at the time of the previous revocation or denial of bail
23proceedings. If the court grants bail where it has been
24previously revoked or denied, the court shall state on the
25record of the proceedings the findings of facts and conclusion
26of law upon which such order is based.

HB4498- 217 -LRB102 22839 RLC 31990 b
1 (a-5) In addition to any other available motion or
2procedure under this Code, a person in custody solely for a
3Category B offense due to an inability to post monetary bail
4shall be brought before the court at the next available court
5date or 7 calendar days from the date bail was set, whichever
6is earlier, for a rehearing on the amount or conditions of bail
7or release pending further court proceedings. The court may
8reconsider conditions of release for any other person whose
9inability to post monetary bail is the sole reason for
10continued incarceration, including a person in custody for a
11Category A offense or a Category A offense and a Category B
12offense. The court may deny the rehearing permitted under this
13subsection (a-5) if the person has failed to appear as
14required before the court and is incarcerated based on a
15warrant for failure to appear on the same original criminal
16offense.
17 (b) Violation of the conditions of Section 110-10 of this
18Code or any special conditions of bail as ordered by the court
19shall constitute grounds for the court to increase the amount
20of bail, or otherwise alter the conditions of bail, or, where
21the alleged offense committed on bail is a forcible felony in
22Illinois or a Class 2 or greater offense under the Illinois
23Controlled Substances Act, the Cannabis Control Act, or the
24Methamphetamine Control and Community Protection Act, revoke
25bail pursuant to the appropriate provisions of subsection (e)
26of this Section.

HB4498- 218 -LRB102 22839 RLC 31990 b
1 (c) Reasonable notice of such application by the defendant
2shall be given to the State.
3 (d) Reasonable notice of such application by the State
4shall be given to the defendant, except as provided in
5subsection (e).
6 (e) Upon verified application by the State stating facts
7or circumstances constituting a violation or a threatened
8violation of any of the conditions of the bail bond the court
9may issue a warrant commanding any peace officer to bring the
10defendant without unnecessary delay before the court for a
11hearing on the matters set forth in the application. If the
12actual court before which the proceeding is pending is absent
13or otherwise unavailable another court may issue a warrant
14pursuant to this Section. When the defendant is charged with a
15felony offense and while free on bail is charged with a
16subsequent felony offense and is the subject of a proceeding
17set forth in Section 109-1 or 109-3 of this Code, upon the
18filing of a verified petition by the State alleging a
19violation of Section 110-10 (a) (4) of this Code, the court
20shall without prior notice to the defendant, grant leave to
21file such application and shall order the transfer of the
22defendant and the application without unnecessary delay to the
23court before which the previous felony matter is pending for a
24hearing as provided in subsection (b) or this subsection of
25this Section. The defendant shall be held without bond pending
26transfer to and a hearing before such court. At the conclusion

HB4498- 219 -LRB102 22839 RLC 31990 b
1of the hearing based on a violation of the conditions of
2Section 110-10 of this Code or any special conditions of bail
3as ordered by the court the court may enter an order increasing
4the amount of bail or alter the conditions of bail as deemed
5appropriate.
6 (f) Where the alleged violation consists of the violation
7of one or more felony statutes of any jurisdiction which would
8be a forcible felony in Illinois or a Class 2 or greater
9offense under the Illinois Controlled Substances Act, the
10Cannabis Control Act, or the Methamphetamine Control and
11Community Protection Act and the defendant is on bail for the
12alleged commission of a felony, or where the defendant is on
13bail for a felony domestic battery (enhanced pursuant to
14subsection (b) of Section 12-3.2 of the Criminal Code of 1961
15or the Criminal Code of 2012), aggravated domestic battery,
16aggravated battery, unlawful restraint, aggravated unlawful
17restraint or domestic battery in violation of item (1) of
18subsection (a) of Section 12-3.2 of the Criminal Code of 1961
19or the Criminal Code of 2012 against a family or household
20member as defined in Section 112A-3 of this Code and the
21violation is an offense of domestic battery against the same
22victim the court shall, on the motion of the State or its own
23motion, revoke bail in accordance with the following
24provisions:
25 (1) The court shall hold the defendant without bail
26 pending the hearing on the alleged breach; however, if the

HB4498- 220 -LRB102 22839 RLC 31990 b
1 defendant is not admitted to bail the hearing shall be
2 commenced within 10 days from the date the defendant is
3 taken into custody or the defendant may not be held any
4 longer without bail, unless delay is occasioned by the
5 defendant. Where defendant occasions the delay, the
6 running of the 10 day period is temporarily suspended and
7 resumes at the termination of the period of delay. Where
8 defendant occasions the delay with 5 or fewer days
9 remaining in the 10 day period, the court may grant a
10 period of up to 5 additional days to the State for good
11 cause shown. The State, however, shall retain the right to
12 proceed to hearing on the alleged violation at any time,
13 upon reasonable notice to the defendant and the court.
14 (2) At a hearing on the alleged violation the State
15 has the burden of going forward and proving the violation
16 by clear and convincing evidence. The evidence shall be
17 presented in open court with the opportunity to testify,
18 to present witnesses in his behalf, and to cross-examine
19 witnesses if any are called by the State, and
20 representation by counsel and if the defendant is indigent
21 to have counsel appointed for him. The rules of evidence
22 applicable in criminal trials in this State shall not
23 govern the admissibility of evidence at such hearing.
24 Information used by the court in its findings or stated in
25 or offered in connection with hearings for increase or
26 revocation of bail may be by way of proffer based upon

HB4498- 221 -LRB102 22839 RLC 31990 b
1 reliable information offered by the State or defendant.
2 All evidence shall be admissible if it is relevant and
3 reliable regardless of whether it would be admissible
4 under the rules of evidence applicable at criminal trials.
5 A motion by the defendant to suppress evidence or to
6 suppress a confession shall not be entertained at such a
7 hearing. Evidence that proof may have been obtained as a
8 result of an unlawful search and seizure or through
9 improper interrogation is not relevant to this hearing.
10 (3) Upon a finding by the court that the State has
11 established by clear and convincing evidence that the
12 defendant has committed a forcible felony or a Class 2 or
13 greater offense under the Illinois Controlled Substances
14 Act, the Cannabis Control Act, or the Methamphetamine
15 Control and Community Protection Act while admitted to
16 bail, or where the defendant is on bail for a felony
17 domestic battery (enhanced pursuant to subsection (b) of
18 Section 12-3.2 of the Criminal Code of 1961 or the
19 Criminal Code of 2012), aggravated domestic battery,
20 aggravated battery, unlawful restraint, aggravated
21 unlawful restraint or domestic battery in violation of
22 item (1) of subsection (a) of Section 12-3.2 of the
23 Criminal Code of 1961 or the Criminal Code of 2012 against
24 a family or household member as defined in Section 112A-3
25 of this Code and the violation is an offense of domestic
26 battery, against the same victim, the court shall revoke

HB4498- 222 -LRB102 22839 RLC 31990 b
1 the bail of the defendant and hold the defendant for trial
2 without bail. Neither the finding of the court nor any
3 transcript or other record of the hearing shall be
4 admissible in the State's case in chief, but shall be
5 admissible for impeachment, or as provided in Section
6 115-10.1 of this Code or in a perjury proceeding.
7 (4) If the bail of any defendant is revoked pursuant
8 to paragraph (f) (3) of this Section, the defendant may
9 demand and shall be entitled to be brought to trial on the
10 offense with respect to which he was formerly released on
11 bail within 90 days after the date on which his bail was
12 revoked. If the defendant is not brought to trial within
13 the 90 day period required by the preceding sentence, he
14 shall not be held longer without bail. In computing the 90
15 day period, the court shall omit any period of delay
16 resulting from a continuance granted at the request of the
17 defendant.
18 (5) If the defendant either is arrested on a warrant
19 issued pursuant to this Code or is arrested for an
20 unrelated offense and it is subsequently discovered that
21 the defendant is a subject of another warrant or warrants
22 issued pursuant to this Code, the defendant shall be
23 transferred promptly to the court which issued such
24 warrant. If, however, the defendant appears initially
25 before a court other than the court which issued such
26 warrant, the non-issuing court shall not alter the amount

HB4498- 223 -LRB102 22839 RLC 31990 b
1 of bail set on such warrant unless the court sets forth on
2 the record of proceedings the conclusions of law and facts
3 which are the basis for such altering of another court's
4 bond. The non-issuing court shall not alter another courts
5 bail set on a warrant unless the interests of justice and
6 public safety are served by such action.
7 (g) The State may appeal any order where the court has
8increased or reduced the amount of bail or altered the
9conditions of the bail bond or granted bail where it has
10previously been revoked.
11(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19;
12101-652.)
13 (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
14 Sec. 110-6.1. Denial of pretrial release bail in
15non-probationable felony offenses.
16 (a) Upon verified petition by the State, the court shall
17hold a hearing and may deny to determine whether bail should be
18denied to a defendant pretrial release only if:
19 (1) the defendant who is charged with a forcible
20 felony offense for which a sentence of imprisonment,
21 without probation, periodic imprisonment or conditional
22 discharge, is required by law upon conviction, and when it
23 is alleged that the defendant's pretrial release poses a
24 specific, real and present threat to any person or the
25 community. admission to bail poses a real and present

HB4498- 224 -LRB102 22839 RLC 31990 b
1 threat to the physical safety of any person or persons ; .
2 (2) the defendant is charged with stalking or
3 aggravated stalking and it is alleged that the defendant's
4 pre-trial release poses a real and present threat to the
5 physical safety of a victim of the alleged offense, and
6 denial of release is necessary to prevent fulfillment of
7 the threat upon which the charge is based;
8 (3) the victim of abuse was a family or household
9 member as defined by paragraph (6) of Section 103 of the
10 Illinois Domestic Violence Act of 1986, and the person
11 charged, at the time of the alleged offense, was subject
12 to the terms of an order of protection issued under
13 Section 112A-14 of this Code, or Section 214 of the
14 Illinois Domestic Violence Act of 1986 or previously was
15 convicted of a violation of an order of protection under
16 Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
17 Criminal Code of 2012 or a violent crime if the victim was
18 a family or household member as defined by paragraph (6)
19 of the Illinois Domestic Violence Act of 1986 at the time
20 of the offense or a violation of a substantially similar
21 municipal ordinance or law of this or any other state or
22 the United States if the victim was a family or household
23 member as defined by paragraph (6) of Section 103 of the
24 Illinois Domestic Violence Act of 1986 at the time of the
25 offense, and it is alleged that the defendant's pre-trial
26 release poses a real and present threat to the physical

HB4498- 225 -LRB102 22839 RLC 31990 b
1 safety of any person or persons;
2 (4) the defendant is charged with domestic battery or
3 aggravated domestic battery under Section 12-3.2 or 12-3.3
4 of the Criminal Code of 2012 and it is alleged that the
5 defendant's pretrial release poses a real and present
6 threat to the physical safety of any person or persons;
7 (5) the defendant is charged with any offense under
8 Article 11 of the Criminal Code of 2012, except for
9 Sections 11-30, 11-35, 11-40, and 11-45 of the Criminal
10 Code of 2012, or similar provisions of the Criminal Code
11 of 1961 and it is alleged that the defendant's pretrial
12 release poses a real and present threat to the physical
13 safety of any person or persons;
14 (6) the defendant is charged with any of these
15 violations under the Criminal Code of 2012 and it is
16 alleged that the defendant's pretrial releases poses a
17 real and present threat to the physical safety of any
18 specifically identifiable person or persons.
19 (A) Section 24-1.2 (aggravated discharge of a
20 firearm);
21 (B) Section 24-2.5 (aggravated discharge of a
22 machine gun or a firearm equipped with a device
23 designed or use for silencing the report of a
24 firearm);
25 (C) Section 24-1.5 (reckless discharge of a
26 firearm);

HB4498- 226 -LRB102 22839 RLC 31990 b
1 (D) Section 24-1.7 (armed habitual criminal);
2 (E) Section 24-2.2 2 (manufacture, sale or
3 transfer of bullets or shells represented to be armor
4 piercing bullets, dragon's breath shotgun shells, bolo
5 shells or flechette shells);
6 (F) Section 24-3 (unlawful sale or delivery of
7 firearms);
8 (G) Section 24-3.3 (unlawful sale or delivery of
9 firearms on the premises of any school);
10 (H) Section 24-34 (unlawful sale of firearms by
11 liquor license);
12 (I) Section 24-3.5 {unlawful purchase of a
13 firearm);
14 (J) Section 24-3A (gunrunning); or
15 (K) Section on 24-3B (firearms trafficking );
16 (L) Section 10-9 (b) (involuntary servitude);
17 (M) Section 10-9 (c) (involuntary sexual servitude
18 of a minor);
19 (N) Section 10-9(d) (trafficking in persons);
20 (O) Non-probationable violations: (i) (unlawful
21 use or possession of weapons by felons or persons in
22 the Custody of the Department of Corrections
23 facilities (Section 24-1.1), (ii) aggravated unlawful
24 use of a weapon (Section 24-1.6, or (iii) aggravated
25 possession of a stolen firearm (Section 24-3.9);
26 (7) the person has a high likelihood of willful flight

HB4498- 227 -LRB102 22839 RLC 31990 b
1 to avoid prosecution and is charged with:
2 (A) Any felony described in Sections (a)(1)
3 through (a)(5) of this Section; or
4 (B) A felony offense other than a Class 4 offense.
5 (b) If the charged offense is a felony, the Court shall
6 hold a hearing pursuant to 109-3 of this Code to
7 determine whether there is probable cause the
8 defendant has committed an offense, unless a grand
9 jury has returned a true bill of indictment against
10 the defendant. If there is a finding of no probable
11 cause, the defendant shall be released. No such
12 finding is necessary if the defendant is charged with
13 a misdemeanor.
14 (c) Timing of petition.
15 (1) A petition may be filed without prior notice to
16 the defendant at the first appearance before a judge, or
17 within the 21 calendar days, except as provided in Section
18 110-6, after arrest and release of the defendant upon
19 reasonable notice to defendant; provided that while such
20 petition is pending before the court, the defendant if
21 previously released shall not be detained.
22 (2) (2) Upon filing, the court shall immediately hold
23 a hearing on the petition unless a continuance is
24 requested. If a continuance is requested, the hearing
25 shall be held within 48 hours of the defendant's first
26 appearance if the defendant is charged with a Class X,

HB4498- 228 -LRB102 22839 RLC 31990 b
1 Class 1, Class 2, or Class 3 felony, and within 24 hours if
2 the defendant is charged with a Class 4 or misdemeanor
3 offense. The Court may deny and or grant the request for
4 continuance. If the court decides to grant the
5 continuance, the Court retains the discretion to detain or
6 release the defendant in the time between the filing of
7 the petition and the hearing.
8 (d) Contents of petition.
9 (1) The petition shall be verified by the State and
10 shall state the grounds upon which it contends the
11 defendant should be denied pretrial release, including the
12 identity of the specific person or persons the State
13 believes the defendant poses a danger to.
14 (2) Only one petition may be filed under this Section.
15 (e) Eligibility: All defendants shall be presumed eligible
16for pretrial release, and the State shall bear the burden of
17proving by clear and convincing evidence that: The hearing
18shall be held immediately upon the defendant's appearance
19before the court, unless for good cause shown the defendant or
20the State seeks a continuance. A continuance on motion of the
21defendant may not exceed 5 calendar days, and a continuance on
22the motion of the State may not exceed 3 calendar days. The
23defendant may be held in custody during such continuance.
24 (b) The court may deny bail to the defendant where, after
25the hearing, it is determined that:
26 (1) the proof is evident or the presumption great that

HB4498- 229 -LRB102 22839 RLC 31990 b
1 the defendant has committed an offense listed in
2 paragraphs (1) through (6) of subsection (a) for which a
3 sentence of imprisonment, without probation, periodic
4 imprisonment or conditional discharge, must be imposed by
5 law as a consequence of conviction, and
6 (2) the defendant poses a real and present threat to
7 the physical safety of a specific, identifiable any person
8 or persons, by conduct which may include, but is not
9 limited to, a forcible felony, the obstruction of justice,
10 intimidation, injury, or abuse as defined by paragraph (1)
11 of Section 103 of the Illinois Domestic Violence Act of
12 1986 physical harm, an offense under the Illinois
13 Controlled Substances Act which is a Class X felony, or an
14 offense under the Methamphetamine Control and Community
15 Protection Act which is a Class X felony, and
16 (3) the court finds that no condition or combination
17 of conditions set forth in subsection (b) of Section
18 110-10 of this Article can mitigate the real and present
19 threat to the safety of any , can reasonably assure the
20 physical safety of any other person or persons or the
21 defendant's willful flight.
22 (f) (c) Conduct of the hearings.
23 (1) Prior to the hearing the State shall tender to the
24 defendant copies of defendant's criminal history
25 available, any written or recorded statements, and the
26 substance of any oral statements made by any person, if

HB4498- 230 -LRB102 22839 RLC 31990 b
1 relied upon by the State in its petition, and any police
2 reports in the State's Attorney's possession at the time
3 of the hearing that are required to be disclosed to the
4 defense under Illinois Supreme Court rules. The hearing on
5 the defendant's culpability and dangerousness shall be
6 conducted in accordance with the following provisions:
7 (2) The State or defendant may present evidence at the
8 hearing (A) Information used by the court in its findings
9 or stated in or offered at such hearing may be by way of
10 proffer based upon reliable information offered by the
11 State or by defendant.
12 (3) The defendant Defendant has the right to be
13 represented by counsel, and if he or she is indigent, to
14 have counsel appointed for him or her. The defendant .
15 Defendant shall have the opportunity to testify, to
16 present witnesses on in his or her own behalf, and to
17 cross-examine any witnesses that if any are called by the
18 State.
19 (4) If the defense seeks to call the complaining
20 witness as a witness in its favor, it shall petition the
21 court for permission. The defendant has the right to
22 present witnesses in his favor. When the ends of justice
23 so require, the court may exercise exercises its
24 discretion and compel the appearance of a complaining
25 witness. The court shall state on the record reasons for
26 granting a defense request to compel the presence of a

HB4498- 231 -LRB102 22839 RLC 31990 b
1 complaining witness. In making a determination under this
2 section, the court shall state on the record the reason
3 for granting a defense request to compel the presence of a
4 complaining witness, and only grant the request if the
5 court finds by clear and convincing evidence that the
6 defendant will be materially prejudiced if the complaining
7 witness does not appear. Cross-examination of a
8 complaining witness at the pretrial detention hearing for
9 the purpose of impeaching the witness' credibility is
10 insufficient reason to compel the presence of the witness.
11 In deciding whether to compel the appearance of a
12 complaining witness, the court shall be considerate of the
13 emotional and physical well-being of the witness. The
14 pre-trial detention hearing is not to be used for purposes
15 of discovery, and the post arraignment rules of discovery
16 do not apply. The State shall tender to the defendant,
17 prior to the hearing, copies of defendant's criminal
18 history, if any, if available, and any written or recorded
19 statements and the substance of any oral statements made
20 by any person, if relied upon by the State in its petition.
21 (5) The rules concerning the admissibility of evidence
22 in criminal trials do not apply to the presentation and
23 consideration of information at the hearing. At the trial
24 concerning the offense for which the hearing was conducted
25 neither the finding of the court nor any transcript or
26 other record of the hearing shall be admissible in the

HB4498- 232 -LRB102 22839 RLC 31990 b
1 State's case in chief, but shall be admissible for
2 impeachment, or as provided in Section 115-10.1 of this
3 Code, or in a perjury proceeding.
4 (6) The (B) A motion by the defendant may not move to
5 suppress evidence or to suppress a confession, however,
6 evidence shall not be entertained. Evidence that proof of
7 the charged crime may have been obtained as the result of
8 an unlawful search or and seizure, or both, or through
9 improper interrogation, is not relevant in assessing the
10 weight of the evidence against the defendant to this state
11 of the prosecution.
12 (7) Decisions regarding release, conditions of release
13 and detention prior trial should be individualized, and no
14 single factor or standard should be used exclusively to
15 make a condition or detention decision.
16 (2) The facts relied upon by the court to support a
17 finding that the defendant poses a real and present threat
18 to the physical safety of any person or persons shall be
19 supported by clear and convincing evidence presented by
20 the State.
21 (g) (d) Factors to be considered in making a determination
22of dangerousness. The court may, in determining whether the
23defendant poses a specific, imminent real and present threat
24of serious to the physical harm to an identifiable safety of
25any person or persons, consider but shall not be limited to
26evidence or testimony concerning:

HB4498- 233 -LRB102 22839 RLC 31990 b
1 (1) The nature and circumstances of any offense
2 charged, including whether the offense is a crime of
3 violence, involving a weapon, or a sex offense.
4 (2) The history and characteristics of the defendant
5 including:
6 (A) Any evidence of the defendant's prior criminal
7 history indicative of violent, abusive or assaultive
8 behavior, or lack of such behavior. Such evidence may
9 include testimony or documents received in juvenile
10 proceedings, criminal, quasi-criminal, civil
11 commitment, domestic relations or other proceedings.
12 (B) Any evidence of the defendant's psychological,
13 psychiatric or other similar social history which
14 tends to indicate a violent, abusive, or assaultive
15 nature, or lack of any such history.
16 (3) The identity of any person or persons to whose
17 safety the defendant is believed to pose a threat, and the
18 nature of the threat;
19 (4) Any statements made by, or attributed to the
20 defendant, together with the circumstances surrounding
21 them;
22 (5) The age and physical condition of any person
23 assaulted by the defendant;
24 (6) The age and physical condition of any victim or
25 complaining witness;
26 (7) Whether the defendant is known to possess or have

HB4498- 234 -LRB102 22839 RLC 31990 b
1 access to any weapon or weapons;
2 (8) (7) Whether, at the time of the current offense or
3 any other offense or arrest, the defendant was on
4 probation, parole, aftercare release, mandatory supervised
5 release or other release from custody pending trial,
6 sentencing, appeal or completion of sentence for an
7 offense under federal or state law;
8 (9) (8) Any other factors, including those listed in
9 Section 110-5 of this Article deemed by the court to have a
10 reasonable bearing upon the defendant's propensity or
11 reputation for violent, abusive or assaultive behavior, or
12 lack of such behavior.
13 (h) (e) Detention order. The court shall, in any order for
14detention:
15 (1) briefly summarize the evidence of the defendant's
16 guilt or innocence, culpability and the court's its
17 reasons for concluding that the defendant should be denied
18 pretrial release held without bail;
19 (2) direct that the defendant be committed to the
20 custody of the sheriff for confinement in the county jail
21 pending trial;
22 (3) direct that the defendant be given a reasonable
23 opportunity for private consultation with counsel, and for
24 communication with others of his or her choice by
25 visitation, mail and telephone; and
26 (4) direct that the sheriff deliver the defendant as

HB4498- 235 -LRB102 22839 RLC 31990 b
1 required for appearances in connection with court
2 proceedings.
3 (i) Detention. (f) If the court enters an order for the
4detention of the defendant pursuant to subsection (e) of this
5Section, the defendant shall be brought to trial on the
6offense for which he is detained within 90 days after the date
7on which the order for detention was entered. If the defendant
8is not brought to trial within the 90 day period required by
9the preceding sentence, he shall not be denied pretrial
10release held longer without bail. In computing the 90 day
11period, the court shall omit any period of delay resulting
12from a continuance granted at the request of the defendant.
13 (j) (g) Rights of the defendant. Any person shall be
14entitled to appeal any order entered under this Section
15denying pretrial release bail to the defendant.
16 (k) Appeal. (h) The State may appeal any order entered
17under this Section denying any motion for denial of pretrial
18release bail.
19 (l) Presumption of innocence. (i) Nothing in this Section
20shall be construed as modifying or limiting in any way the
21defendant's presumption of innocence in further criminal
22proceedings.
23 (m) Victim notice.
24 (1) Crime Victims shall be given notice by the State's
25 Attorney's office of this hearing as required in paragraph
26 (1) of subsection (b) of Section 4.5 of the Rights of Crime

HB4498- 236 -LRB102 22839 RLC 31990 b
1 Victims and Witnesses Act and shall be informed of their
2 opportunity at this hearing to obtain an order of
3 protection under Article 112A of this Code.
4(Source: P.A. 98-558, eff. 1-1-14; 101-652.)
5 (725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2)
6 Sec. 110-6.2. Post-conviction Detention.
7 (a) The court may order that a person who has been found
8guilty of an offense and who is waiting imposition or
9execution of sentence be held without release bond unless the
10court finds by clear and convincing evidence that the person
11is not likely to flee or pose a danger to any other person or
12the community if released under Sections 110-5 and 110-10 of
13this Act.
14 (b) The court may order that person who has been found
15guilty of an offense and sentenced to a term of imprisonment be
16held without release bond unless the court finds by clear and
17convincing evidence that:
18 (1) the person is not likely to flee or pose a danger
19 to the safety of any other person or the community if
20 released on bond pending appeal; and
21 (2) that the appeal is not for purpose of delay and
22 raises a substantial question of law or fact likely to
23 result in reversal or an order for a new trial.
24(Source: P.A. 96-1200, eff. 7-22-10; 101-652.)

HB4498- 237 -LRB102 22839 RLC 31990 b
1 (725 ILCS 5/110-6.4)
2 Sec. 110-6.4. Statewide risk-assessment tool. The Supreme
3Court may establish a statewide risk-assessment tool to be
4used in proceedings to assist the court in establishing
5conditions of pretrial release bail for a defendant by
6assessing the defendant's likelihood of appearing at future
7court proceedings or determining if the defendant poses a real
8and present threat to the physical safety of any person or
9persons. The Supreme Court shall consider establishing a
10risk-assessment tool that does not discriminate on the basis
11of race, gender, educational level, socio-economic status, or
12neighborhood. If a risk-assessment tool is utilized within a
13circuit that does not require a personal interview to be
14completed, the Chief Judge of the circuit or the director of
15the pretrial services agency may exempt the requirement under
16Section 9 and subsection (a) of Section 7 of the Pretrial
17Services Act.
18 For the purpose of this Section, "risk-assessment tool"
19means an empirically validated, evidence-based screening
20instrument that demonstrates reduced instances of a
21defendant's failure to appear for further court proceedings or
22prevents future criminal activity.
23(Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18;
24101-652.)
25 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)

HB4498- 238 -LRB102 22839 RLC 31990 b
1 Sec. 110-10. Conditions of pretrial release bail bond.
2 (a) If a person is released prior to conviction, either
3upon payment of bail security or on his or her own
4recognizance, the conditions of pretrial release the bail bond
5shall be that he or she will:
6 (1) Appear to answer the charge in the court having
7 jurisdiction on a day certain and thereafter as ordered by
8 the court until discharged or final order of the court;
9 (2) Submit himself or herself to the orders and
10 process of the court;
11 (3) (Blank); Not depart this State without leave of
12 the court;
13 (4) Not violate any criminal statute of any
14 jurisdiction;
15 (5) At a time and place designated by the court,
16 surrender all firearms in his or her possession to a law
17 enforcement officer designated by the court to take
18 custody of and impound the firearms and physically
19 surrender his or her Firearm Owner's Identification Card
20 to the clerk of the circuit court when the offense the
21 person has been charged with is a forcible felony,
22 stalking, aggravated stalking, domestic battery, any
23 violation of the Illinois Controlled Substances Act, the
24 Methamphetamine Control and Community Protection Act, or
25 the Cannabis Control Act that is classified as a Class 2 or
26 greater felony, or any felony violation of Article 24 of

HB4498- 239 -LRB102 22839 RLC 31990 b
1 the Criminal Code of 1961 or the Criminal Code of 2012; the
2 court may, however, forgo the imposition of this condition
3 when the circumstances of the case clearly do not warrant
4 it or when its imposition would be impractical; if the
5 Firearm Owner's Identification Card is confiscated, the
6 clerk of the circuit court shall mail the confiscated card
7 to the Illinois State Police; all legally possessed
8 firearms shall be returned to the person upon the charges
9 being dismissed, or if the person is found not guilty,
10 unless the finding of not guilty is by reason of insanity;
11 and
12 (6) At a time and place designated by the court,
13 submit to a psychological evaluation when the person has
14 been charged with a violation of item (4) of subsection
15 (a) of Section 24-1 of the Criminal Code of 1961 or the
16 Criminal Code of 2012 and that violation occurred in a
17 school or in any conveyance owned, leased, or contracted
18 by a school to transport students to or from school or a
19 school-related activity, or on any public way within 1,000
20 feet of real property comprising any school.
21 Psychological evaluations ordered pursuant to this Section
22shall be completed promptly and made available to the State,
23the defendant, and the court. As a further condition of
24pretrial release bail under these circumstances, the court
25shall order the defendant to refrain from entering upon the
26property of the school, including any conveyance owned,

HB4498- 240 -LRB102 22839 RLC 31990 b
1leased, or contracted by a school to transport students to or
2from school or a school-related activity, or on any public way
3within 1,000 feet of real property comprising any school. Upon
4receipt of the psychological evaluation, either the State or
5the defendant may request a change in the conditions of
6pretrial release bail, pursuant to Section 110-6 of this Code.
7The court may change the conditions of pretrial release bail
8to include a requirement that the defendant follow the
9recommendations of the psychological evaluation, including
10undergoing psychiatric treatment. The conclusions of the
11psychological evaluation and any statements elicited from the
12defendant during its administration are not admissible as
13evidence of guilt during the course of any trial on the charged
14offense, unless the defendant places his or her mental
15competency in issue.
16 (b) The court may impose other conditions, such as the
17following, if the court finds that such conditions are
18reasonably necessary to assure the defendant's appearance in
19court, protect the public from the defendant, or prevent the
20defendant's unlawful interference with the orderly
21administration of justice:
22 (0.05) Not depart this State without leave of the
23 court;
24 (1) Report to or appear in person before such person
25 or agency as the court may direct;
26 (2) Refrain from possessing a firearm or other

HB4498- 241 -LRB102 22839 RLC 31990 b
1 dangerous weapon;
2 (3) Refrain from approaching or communicating with
3 particular persons or classes of persons;
4 (4) Refrain from going to certain described
5 geographical areas or premises;
6 (5) Refrain from engaging in certain activities or
7 indulging in intoxicating liquors or in certain drugs;
8 (6) Undergo treatment for drug addiction or
9 alcoholism;
10 (7) Undergo medical or psychiatric treatment;
11 (8) Work or pursue a course of study or vocational
12 training;
13 (9) Attend or reside in a facility designated by the
14 court;
15 (10) Support his or her dependents;
16 (11) If a minor resides with his or her parents or in a
17 foster home, attend school, attend a non-residential
18 program for youths, and contribute to his or her own
19 support at home or in a foster home;
20 (12) Observe any curfew ordered by the court;
21 (13) Remain in the custody of such designated person
22 or organization agreeing to supervise his release. Such
23 third party custodian shall be responsible for notifying
24 the court if the defendant fails to observe the conditions
25 of release which the custodian has agreed to monitor, and
26 shall be subject to contempt of court for failure so to

HB4498- 242 -LRB102 22839 RLC 31990 b
1 notify the court;
2 (14) Be placed under direct supervision of the
3 Pretrial Services Agency, Probation Department or Court
4 Services Department in a pretrial bond home supervision
5 capacity with or without the use of an approved electronic
6 monitoring device subject to Article 8A of Chapter V of
7 the Unified Code of Corrections;
8 (14.1) The court may shall impose upon a defendant who
9 is charged with any alcohol, cannabis, methamphetamine, or
10 controlled substance violation and is placed under direct
11 supervision of the Pretrial Services Agency, Probation
12 Department or Court Services Department in a pretrial bond
13 home supervision capacity with the use of an approved
14 monitoring device, as a condition of such pretrial
15 monitoring bail bond, a fee that represents costs
16 incidental to the electronic monitoring for each day of
17 such pretrial bail supervision ordered by the court,
18 unless after determining the inability of the defendant to
19 pay the fee, the court assesses a lesser fee or no fee as
20 the case may be. The fee shall be collected by the clerk of
21 the circuit court, except as provided in an administrative
22 order of the Chief Judge of the circuit court. The clerk of
23 the circuit court shall pay all monies collected from this
24 fee to the county treasurer for deposit in the substance
25 abuse services fund under Section 5-1086.1 of the Counties
26 Code, except as provided in an administrative order of the

HB4498- 243 -LRB102 22839 RLC 31990 b
1 Chief Judge of the circuit court.
2 The Chief Judge of the circuit court of the county may
3 by administrative order establish a program for electronic
4 monitoring of offenders with regard to drug-related and
5 alcohol-related offenses, in which a vendor supplies and
6 monitors the operation of the electronic monitoring
7 device, and collects the fees on behalf of the county. The
8 program shall include provisions for indigent offenders
9 and the collection of unpaid fees. The program shall not
10 unduly burden the offender and shall be subject to review
11 by the Chief Judge.
12 The Chief Judge of the circuit court may suspend any
13 additional charges or fees for late payment, interest, or
14 damage to any device;
15 (14.2) The court may shall impose upon all defendants,
16 including those defendants subject to paragraph (14.1)
17 above, placed under direct supervision of the Pretrial
18 Services Agency, Probation Department or Court Services
19 Department in a pretrial bond home supervision capacity
20 with the use of an approved monitoring device, as a
21 condition of such release bail bond, a fee which shall
22 represent costs incidental to such electronic monitoring
23 for each day of such bail supervision ordered by the
24 court, unless after determining the inability of the
25 defendant to pay the fee, the court assesses a lesser fee
26 or no fee as the case may be. The fee shall be collected by

HB4498- 244 -LRB102 22839 RLC 31990 b
1 the clerk of the circuit court, except as provided in an
2 administrative order of the Chief Judge of the circuit
3 court. The clerk of the circuit court shall pay all monies
4 collected from this fee to the county treasurer who shall
5 use the monies collected to defray the costs of
6 corrections. The county treasurer shall deposit the fee
7 collected in the county working cash fund under Section
8 6-27001 or Section 6-29002 of the Counties Code, as the
9 case may be, except as provided in an administrative order
10 of the Chief Judge of the circuit court.
11 The Chief Judge of the circuit court of the county may
12 by administrative order establish a program for electronic
13 monitoring of offenders with regard to drug-related and
14 alcohol-related offenses, in which a vendor supplies and
15 monitors the operation of the electronic monitoring
16 device, and collects the fees on behalf of the county. The
17 program shall include provisions for indigent offenders
18 and the collection of unpaid fees. The program shall not
19 unduly burden the offender and shall be subject to review
20 by the Chief Judge.
21 The Chief Judge of the circuit court may suspend any
22 additional charges or fees for late payment, interest, or
23 damage to any device;
24 (14.3) The Chief Judge of the Judicial Circuit may
25 establish reasonable fees to be paid by a person receiving
26 pretrial services while under supervision of a pretrial

HB4498- 245 -LRB102 22839 RLC 31990 b
1 services agency, probation department, or court services
2 department. Reasonable fees may be charged for pretrial
3 services including, but not limited to, pretrial
4 supervision, diversion programs, electronic monitoring,
5 victim impact services, drug and alcohol testing, DNA
6 testing, GPS electronic monitoring, assessments and
7 evaluations related to domestic violence and other
8 victims, and victim mediation services. The person
9 receiving pretrial services may be ordered to pay all
10 costs incidental to pretrial services in accordance with
11 his or her ability to pay those costs;
12 (14.4) For persons charged with violating Section
13 11-501 of the Illinois Vehicle Code, refrain from
14 operating a motor vehicle not equipped with an ignition
15 interlock device, as defined in Section 1-129.1 of the
16 Illinois Vehicle Code, pursuant to the rules promulgated
17 by the Secretary of State for the installation of ignition
18 interlock devices. Under this condition the court may
19 allow a defendant who is not self-employed to operate a
20 vehicle owned by the defendant's employer that is not
21 equipped with an ignition interlock device in the course
22 and scope of the defendant's employment;
23 (15) Comply with the terms and conditions of an order
24 of protection issued by the court under the Illinois
25 Domestic Violence Act of 1986 or an order of protection
26 issued by the court of another state, tribe, or United

HB4498- 246 -LRB102 22839 RLC 31990 b
1 States territory;
2 (16) (Blank); and Under Section 110-6.5 comply with
3 the conditions of the drug testing program; and
4 (17) Such other reasonable conditions as the court may
5 impose.
6 (c) When a person is charged with an offense under Section
711-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
812-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
9Criminal Code of 2012, involving a victim who is a minor under
1018 years of age living in the same household with the defendant
11at the time of the offense, in granting bail or releasing the
12defendant on his own recognizance, the judge shall impose
13conditions to restrict the defendant's access to the victim
14which may include, but are not limited to conditions that he
15will:
16 1. Vacate the household.
17 2. Make payment of temporary support to his
18 dependents.
19 3. Refrain from contact or communication with the
20 child victim, except as ordered by the court.
21 (d) When a person is charged with a criminal offense and
22the victim is a family or household member as defined in
23Article 112A, conditions shall be imposed at the time of the
24defendant's release on bond that restrict the defendant's
25access to the victim. Unless provided otherwise by the court,
26the restrictions shall include requirements that the defendant

HB4498- 247 -LRB102 22839 RLC 31990 b
1do the following:
2 (1) refrain from contact or communication with the
3 victim for a minimum period of 72 hours following the
4 defendant's release; and
5 (2) refrain from entering or remaining at the victim's
6 residence for a minimum period of 72 hours following the
7 defendant's release.
8 (e) Local law enforcement agencies shall develop
9standardized pretrial release bond forms for use in cases
10involving family or household members as defined in Article
11112A, including specific conditions of pretrial release bond
12as provided in subsection (d). Failure of any law enforcement
13department to develop or use those forms shall in no way limit
14the applicability and enforcement of subsections (d) and (f).
15 (f) If the defendant is released admitted to bail after
16conviction following appeal or other post-conviction
17proceeding, the conditions of the pretrial release bail bond
18shall be that he will, in addition to the conditions set forth
19in subsections (a) and (b) hereof:
20 (1) Duly prosecute his appeal;
21 (2) Appear at such time and place as the court may
22 direct;
23 (3) Not depart this State without leave of the court;
24 (4) Comply with such other reasonable conditions as
25 the court may impose; and
26 (5) If the judgment is affirmed or the cause reversed

HB4498- 248 -LRB102 22839 RLC 31990 b
1 and remanded for a new trial, forthwith surrender to the
2 officer from whose custody he was released bailed.
3 (g) Upon a finding of guilty for any felony offense, the
4defendant shall physically surrender, at a time and place
5designated by the court, any and all firearms in his or her
6possession and his or her Firearm Owner's Identification Card
7as a condition of being released remaining on bond pending
8sentencing.
9 (h) In the event the defendant is denied pretrial release
10unable to post bond, the court may impose a no contact
11provision with the victim or other interested party that shall
12be enforced while the defendant remains in custody.
13(Source: P.A. 101-138, eff. 1-1-20; 101-652.)
14 (725 ILCS 5/110-11) (from Ch. 38, par. 110-11)
15 Sec. 110-11. Pretrial release Bail on a new trial. If the
16judgment of conviction is reversed and the cause remanded for
17a new trial the trial court may order that the conditions of
18pretrial release bail stand pending such trial, or modify the
19conditions of pretrial release reduce or increase bail.
20(Source: Laws 1963, p. 2836; P.A. 101-652.)
21 (725 ILCS 5/110-12) (from Ch. 38, par. 110-12)
22 Sec. 110-12. Notice of change of address.
23 A defendant who has been admitted to pretrial release bail
24shall file a written notice with the clerk of the court before

HB4498- 249 -LRB102 22839 RLC 31990 b
1which the proceeding is pending of any change in his or her
2address within 24 hours after such change, except that a
3defendant who has been admitted to pretrial release bail for a
4forcible felony as defined in Section 2-8 of the Criminal Code
5of 2012 shall file a written notice with the clerk of the court
6before which the proceeding is pending and the clerk shall
7immediately deliver a time stamped copy of the written notice
8to the State's Attorney charged with the prosecution within 24
9hours prior to such change. The address of a defendant who has
10been admitted to pretrial release bail shall at all times
11remain a matter of public record with the clerk of the court.
12(Source: P.A. 97-1150, eff. 1-25-13; 101-652.)
13 (725 ILCS 5/111-2) (from Ch. 38, par. 111-2)
14 Sec. 111-2. Commencement of prosecutions.
15 (a) All prosecutions of felonies shall be by information
16or by indictment. No prosecution may be pursued by information
17unless a preliminary hearing has been held or waived in
18accordance with Section 109-3 and at that hearing probable
19cause to believe the defendant committed an offense was found,
20and the provisions of Section 109-3.1 of this Code have been
21complied with.
22 (b) All other prosecutions may be by indictment,
23information or complaint.
24 (c) Upon the filing of an information or indictment in
25open court charging the defendant with the commission of a sex

HB4498- 250 -LRB102 22839 RLC 31990 b
1offense defined in any Section of Article 11 of the Criminal
2Code of 1961 or the Criminal Code of 2012, and a minor as
3defined in Section 1-3 of the Juvenile Court Act of 1987 is
4alleged to be the victim of the commission of the acts of the
5defendant in the commission of such offense, the court may
6appoint a guardian ad litem for the minor as provided in
7Section 2-17, 3-19, 4-16 or 5-610 of the Juvenile Court Act of
81987.
9 (d) Upon the filing of an information or indictment in
10open court, the court shall immediately issue a warrant for
11the arrest of each person charged with an offense directed to a
12peace officer or some other person specifically named
13commanding him to arrest such person.
14 (e) When the offense is eligible for pretrial release
15bailable, the judge shall endorse on the warrant the
16conditions of pretrial release amount of bail required by the
17order of the court, and if the court orders the process
18returnable forthwith, the warrant shall require that the
19accused be arrested and brought immediately into court.
20 (f) Where the prosecution of a felony is by information or
21complaint after preliminary hearing, or after a waiver of
22preliminary hearing in accordance with paragraph (a) of this
23Section, such prosecution may be for all offenses, arising
24from the same transaction or conduct of a defendant even
25though the complaint or complaints filed at the preliminary
26hearing charged only one or some of the offenses arising from

HB4498- 251 -LRB102 22839 RLC 31990 b
1that transaction or conduct.
2(Source: P.A. 97-1150, eff. 1-25-13; 101-652.)
3 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
4 (Text of Section before amendment by P.A. 101-652)
5 Sec. 112A-23. Enforcement of protective orders.
6 (a) When violation is crime. A violation of any protective
7order, whether issued in a civil, quasi-criminal proceeding,
8shall be enforced by a criminal court when:
9 (1) The respondent commits the crime of violation of a
10 domestic violence order of protection pursuant to Section
11 12-3.4 or 12-30 of the Criminal Code of 1961 or the
12 Criminal Code of 2012, by having knowingly violated:
13 (i) remedies described in paragraph paragraphs
14 (1), (2), (3), (14), or (14.5) of subsection (b) of
15 Section 112A-14 of this Code,
16 (ii) a remedy, which is substantially similar to
17 the remedies authorized under paragraph paragraphs
18 (1), (2), (3), (14), or (14.5) of subsection (b) of
19 Section 214 of the Illinois Domestic Violence Act of
20 1986, in a valid order of protection, which is
21 authorized under the laws of another state, tribe, or
22 United States territory, or
23 (iii) any other remedy when the act constitutes a
24 crime against the protected parties as defined by the
25 Criminal Code of 1961 or the Criminal Code of 2012.

HB4498- 252 -LRB102 22839 RLC 31990 b
1 Prosecution for a violation of a domestic violence
2 order of protection shall not bar concurrent prosecution
3 for any other crime, including any crime that may have
4 been committed at the time of the violation of the
5 domestic violence order of protection; or
6 (2) The respondent commits the crime of child
7 abduction pursuant to Section 10-5 of the Criminal Code of
8 1961 or the Criminal Code of 2012, by having knowingly
9 violated:
10 (i) remedies described in paragraph paragraphs
11 (5), (6), or (8) of subsection (b) of Section 112A-14
12 of this Code, or
13 (ii) a remedy, which is substantially similar to
14 the remedies authorized under paragraph paragraphs
15 (1), (5), (6), or (8) of subsection (b) of Section 214
16 of the Illinois Domestic Violence Act of 1986, in a
17 valid domestic violence order of protection, which is
18 authorized under the laws of another state, tribe, or
19 United States territory.
20 (3) The respondent commits the crime of violation of a
21 civil no contact order when the respondent violates
22 Section 12-3.8 of the Criminal Code of 2012. Prosecution
23 for a violation of a civil no contact order shall not bar
24 concurrent prosecution for any other crime, including any
25 crime that may have been committed at the time of the
26 violation of the civil no contact order.

HB4498- 253 -LRB102 22839 RLC 31990 b
1 (4) The respondent commits the crime of violation of a
2 stalking no contact order when the respondent violates
3 Section 12-3.9 of the Criminal Code of 2012. Prosecution
4 for a violation of a stalking no contact order shall not
5 bar concurrent prosecution for any other crime, including
6 any crime that may have been committed at the time of the
7 violation of the stalking no contact order.
8 (b) When violation is contempt of court. A violation of
9any valid protective order, whether issued in a civil or
10criminal proceeding, may be enforced through civil or criminal
11contempt procedures, as appropriate, by any court with
12jurisdiction, regardless where the act or acts which violated
13the protective order were committed, to the extent consistent
14with the venue provisions of this Article. Nothing in this
15Article shall preclude any Illinois court from enforcing any
16valid protective order issued in another state. Illinois
17courts may enforce protective orders through both criminal
18prosecution and contempt proceedings, unless the action which
19is second in time is barred by collateral estoppel or the
20constitutional prohibition against double jeopardy.
21 (1) In a contempt proceeding where the petition for a
22 rule to show cause sets forth facts evidencing an
23 immediate danger that the respondent will flee the
24 jurisdiction, conceal a child, or inflict physical abuse
25 on the petitioner or minor children or on dependent adults
26 in petitioner's care, the court may order the attachment

HB4498- 254 -LRB102 22839 RLC 31990 b
1 of the respondent without prior service of the rule to
2 show cause or the petition for a rule to show cause. Bond
3 shall be set unless specifically denied in writing.
4 (2) A petition for a rule to show cause for violation
5 of a protective order shall be treated as an expedited
6 proceeding.
7 (c) Violation of custody, allocation of parental
8responsibility, or support orders. A violation of remedies
9described in paragraph paragraphs (5), (6), (8), or (9) of
10subsection (b) of Section 112A-14 of this Code may be enforced
11by any remedy provided by Section 607.5 of the Illinois
12Marriage and Dissolution of Marriage Act. The court may
13enforce any order for support issued under paragraph (12) of
14subsection (b) of Section 112A-14 of this Code in the manner
15provided for under Parts V and VII of the Illinois Marriage and
16Dissolution of Marriage Act.
17 (d) Actual knowledge. A protective order may be enforced
18pursuant to this Section if the respondent violates the order
19after the respondent has actual knowledge of its contents as
20shown through one of the following means:
21 (1) (Blank).
22 (2) (Blank).
23 (3) By service of a protective order under subsection
24 (f) of Section 112A-17.5 or Section 112A-22 of this Code.
25 (4) By other means demonstrating actual knowledge of
26 the contents of the order.

HB4498- 255 -LRB102 22839 RLC 31990 b
1 (e) The enforcement of a protective order in civil or
2criminal court shall not be affected by either of the
3following:
4 (1) The existence of a separate, correlative order
5 entered under Section 112A-15 of this Code.
6 (2) Any finding or order entered in a conjoined
7 criminal proceeding.
8 (e-5) If a civil no contact order entered under subsection
9(6) of Section 112A-20 of the Code of Criminal Procedure of
101963 conflicts with an order issued pursuant to the Juvenile
11Court Act of 1987 or the Illinois Marriage and Dissolution of
12Marriage Act, the conflicting order issued under subsection
13(6) of Section 112A-20 of the Code of Criminal Procedure of
141963 shall be void.
15 (f) Circumstances. The court, when determining whether or
16not a violation of a protective order has occurred, shall not
17require physical manifestations of abuse on the person of the
18victim.
19 (g) Penalties.
20 (1) Except as provided in paragraph (3) of this
21 subsection (g), where the court finds the commission of a
22 crime or contempt of court under subsection subsections
23 (a) or (b) of this Section, the penalty shall be the
24 penalty that generally applies in such criminal or
25 contempt proceedings, and may include one or more of the
26 following: incarceration, payment of restitution, a fine,

HB4498- 256 -LRB102 22839 RLC 31990 b
1 payment of attorneys' fees and costs, or community
2 service.
3 (2) The court shall hear and take into account
4 evidence of any factors in aggravation or mitigation
5 before deciding an appropriate penalty under paragraph (1)
6 of this subsection (g).
7 (3) To the extent permitted by law, the court is
8 encouraged to:
9 (i) increase the penalty for the knowing violation
10 of any protective order over any penalty previously
11 imposed by any court for respondent's violation of any
12 protective order or penal statute involving petitioner
13 as victim and respondent as defendant;
14 (ii) impose a minimum penalty of 24 hours
15 imprisonment for respondent's first violation of any
16 protective order; and
17 (iii) impose a minimum penalty of 48 hours
18 imprisonment for respondent's second or subsequent
19 violation of a protective order
20 unless the court explicitly finds that an increased
21 penalty or that period of imprisonment would be manifestly
22 unjust.
23 (4) In addition to any other penalties imposed for a
24 violation of a protective order, a criminal court may
25 consider evidence of any violations of a protective order:
26 (i) to increase, revoke, or modify the bail bond

HB4498- 257 -LRB102 22839 RLC 31990 b
1 on an underlying criminal charge pursuant to Section
2 110-6 of this Code;
3 (ii) to revoke or modify an order of probation,
4 conditional discharge, or supervision, pursuant to
5 Section 5-6-4 of the Unified Code of Corrections;
6 (iii) to revoke or modify a sentence of periodic
7 imprisonment, pursuant to Section 5-7-2 of the Unified
8 Code of Corrections.
9(Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21.)
10 (Text of Section after amendment by P.A. 101-652)
11 Sec. 112A-23. Enforcement of protective orders.
12 (a) When violation is crime. A violation of any protective
13order, whether issued in a civil, quasi-criminal proceeding,
14shall be enforced by a criminal court when:
15 (1) The respondent commits the crime of violation of a
16 domestic violence order of protection pursuant to Section
17 12-3.4 or 12-30 of the Criminal Code of 1961 or the
18 Criminal Code of 2012, by having knowingly violated:
19 (i) remedies described in paragraph paragraphs
20 (1), (2), (3), (14), or (14.5) of subsection (b) of
21 Section 112A-14 of this Code,
22 (ii) a remedy, which is substantially similar to
23 the remedies authorized under paragraph paragraphs
24 (1), (2), (3), (14), or (14.5) of subsection (b) of
25 Section 214 of the Illinois Domestic Violence Act of

HB4498- 258 -LRB102 22839 RLC 31990 b
1 1986, in a valid order of protection, which is
2 authorized under the laws of another state, tribe, or
3 United States territory, or
4 (iii) or any other remedy when the act constitutes
5 a crime against the protected parties as defined by
6 the Criminal Code of 1961 or the Criminal Code of 2012.
7 Prosecution for a violation of a domestic violence
8 order of protection shall not bar concurrent prosecution
9 for any other crime, including any crime that may have
10 been committed at the time of the violation of the
11 domestic violence order of protection; or
12 (2) The respondent commits the crime of child
13 abduction pursuant to Section 10-5 of the Criminal Code of
14 1961 or the Criminal Code of 2012, by having knowingly
15 violated:
16 (i) remedies described in paragraph paragraphs
17 (5), (6), or (8) of subsection (b) of Section 112A-14
18 of this Code, or
19 (ii) a remedy, which is substantially similar to
20 the remedies authorized under paragraph paragraphs
21 (1), (5), (6), or (8) of subsection (b) of Section 214
22 of the Illinois Domestic Violence Act of 1986, in a
23 valid domestic violence order of protection, which is
24 authorized under the laws of another state, tribe, or
25 United States territory.
26 (3) The respondent commits the crime of violation of a

HB4498- 259 -LRB102 22839 RLC 31990 b
1 civil no contact order when the respondent violates
2 Section 12-3.8 of the Criminal Code of 2012. Prosecution
3 for a violation of a civil no contact order shall not bar
4 concurrent prosecution for any other crime, including any
5 crime that may have been committed at the time of the
6 violation of the civil no contact order.
7 (4) The respondent commits the crime of violation of a
8 stalking no contact order when the respondent violates
9 Section 12-3.9 of the Criminal Code of 2012. Prosecution
10 for a violation of a stalking no contact order shall not
11 bar concurrent prosecution for any other crime, including
12 any crime that may have been committed at the time of the
13 violation of the stalking no contact order.
14 (b) When violation is contempt of court. A violation of
15any valid protective order, whether issued in a civil or
16criminal proceeding, may be enforced through civil or criminal
17contempt procedures, as appropriate, by any court with
18jurisdiction, regardless where the act or acts which violated
19the protective order were committed, to the extent consistent
20with the venue provisions of this Article. Nothing in this
21Article shall preclude any Illinois court from enforcing any
22valid protective order issued in another state. Illinois
23courts may enforce protective orders through both criminal
24prosecution and contempt proceedings, unless the action which
25is second in time is barred by collateral estoppel or the
26constitutional prohibition against double jeopardy.

HB4498- 260 -LRB102 22839 RLC 31990 b
1 (1) In a contempt proceeding where the petition for a
2 rule to show cause sets forth facts evidencing an
3 immediate danger that the respondent will flee the
4 jurisdiction, conceal a child, or inflict physical abuse
5 on the petitioner or minor children or on dependent adults
6 in petitioner's care, the court may order the attachment
7 of the respondent without prior service of the rule to
8 show cause or the petition for a rule to show cause. Bond
9 shall be set unless specifically denied in writing.
10 (2) A petition for a rule to show cause for violation
11 of a protective order shall be treated as an expedited
12 proceeding.
13 (c) Violation of custody, allocation of parental
14responsibility, or support orders. A violation of remedies
15described in paragraph paragraphs (5), (6), (8), or (9) of
16subsection (b) of Section 112A-14 of this Code may be enforced
17by any remedy provided by Section 607.5 of the Illinois
18Marriage and Dissolution of Marriage Act. The court may
19enforce any order for support issued under paragraph (12) of
20subsection (b) of Section 112A-14 of this Code in the manner
21provided for under Parts V and VII of the Illinois Marriage and
22Dissolution of Marriage Act.
23 (d) Actual knowledge. A protective order may be enforced
24pursuant to this Section if the respondent violates the order
25after the respondent has actual knowledge of its contents as
26shown through one of the following means:

HB4498- 261 -LRB102 22839 RLC 31990 b
1 (1) (Blank).
2 (2) (Blank).
3 (3) By service of a protective order under subsection
4 (f) of Section 112A-17.5 or Section 112A-22 of this Code.
5 (4) By other means demonstrating actual knowledge of
6 the contents of the order.
7 (e) The enforcement of a protective order in civil or
8criminal court shall not be affected by either of the
9following:
10 (1) The existence of a separate, correlative order
11 entered under Section 112A-15 of this Code.
12 (2) Any finding or order entered in a conjoined
13 criminal proceeding.
14 (e-5) If a civil no contact order entered under subsection
15(6) of Section 112A-20 of the Code of Criminal Procedure of
161963 conflicts with an order issued pursuant to the Juvenile
17Court Act of 1987 or the Illinois Marriage and Dissolution of
18Marriage Act, the conflicting order issued under subsection
19(6) of Section 112A-20 of the Code of Criminal Procedure of
201963 shall be void.
21 (f) Circumstances. The court, when determining whether or
22not a violation of a protective order has occurred, shall not
23require physical manifestations of abuse on the person of the
24victim.
25 (g) Penalties.
26 (1) Except as provided in paragraph (3) of this

HB4498- 262 -LRB102 22839 RLC 31990 b
1 subsection (g), where the court finds the commission of a
2 crime or contempt of court under subsection subsections
3 (a) or (b) of this Section, the penalty shall be the
4 penalty that generally applies in such criminal or
5 contempt proceedings, and may include one or more of the
6 following: incarceration, payment of restitution, a fine,
7 payment of attorneys' fees and costs, or community
8 service.
9 (2) The court shall hear and take into account
10 evidence of any factors in aggravation or mitigation
11 before deciding an appropriate penalty under paragraph (1)
12 of this subsection (g).
13 (3) To the extent permitted by law, the court is
14 encouraged to:
15 (i) increase the penalty for the knowing violation
16 of any protective order over any penalty previously
17 imposed by any court for respondent's violation of any
18 protective order or penal statute involving petitioner
19 as victim and respondent as defendant;
20 (ii) impose a minimum penalty of 24 hours
21 imprisonment for respondent's first violation of any
22 protective order; and
23 (iii) impose a minimum penalty of 48 hours
24 imprisonment for respondent's second or subsequent
25 violation of a protective order
26 unless the court explicitly finds that an increased

HB4498- 263 -LRB102 22839 RLC 31990 b
1 penalty or that period of imprisonment would be manifestly
2 unjust.
3 (4) In addition to any other penalties imposed for a
4 violation of a protective order, a criminal court may
5 consider evidence of any violations of a protective order:
6 (i) to increase, revoke, or modify the conditions
7 of pretrial release bail bond on an underlying
8 criminal charge pursuant to Section 110-6 of this
9 Code;
10 (ii) to revoke or modify an order of probation,
11 conditional discharge, or supervision, pursuant to
12 Section 5-6-4 of the Unified Code of Corrections;
13 (iii) to revoke or modify a sentence of periodic
14 imprisonment, pursuant to Section 5-7-2 of the Unified
15 Code of Corrections.
16(Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22;
17102-558, eff. 8-20-21; revised 10-12-21.)
18 (725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
19 Sec. 114-1. Motion to dismiss charge.
20 (a) Upon the written motion of the defendant made prior to
21trial before or after a plea has been entered the court may
22dismiss the indictment, information or complaint upon any of
23the following grounds:
24 (1) The defendant has not been placed on trial in
25 compliance with Section 103-5 of this Code.

HB4498- 264 -LRB102 22839 RLC 31990 b
1 (2) The prosecution of the offense is barred by
2 Sections 3-3 through 3-8 of the Criminal Code of 2012.
3 (3) The defendant has received immunity from
4 prosecution for the offense charged.
5 (4) The indictment was returned by a Grand Jury which
6 was improperly selected and which results in substantial
7 injustice to the defendant.
8 (5) The indictment was returned by a Grand Jury which
9 acted contrary to Article 112 of this Code and which
10 results in substantial injustice to the defendant.
11 (6) The court in which the charge has been filed does
12 not have jurisdiction.
13 (7) The county is an improper place of trial.
14 (8) The charge does not state an offense.
15 (9) The indictment is based solely upon the testimony
16 of an incompetent witness.
17 (10) The defendant is misnamed in the charge and the
18 misnomer results in substantial injustice to the
19 defendant.
20 (11) The requirements of Section 109-3.1 have not been
21 complied with.
22 (b) The court shall require any motion to dismiss to be
23filed within a reasonable time after the defendant has been
24arraigned. Any motion not filed within such time or an
25extension thereof shall not be considered by the court and the
26grounds therefor, except as to subsections (a)(6) and (a)(8)

HB4498- 265 -LRB102 22839 RLC 31990 b
1of this Section, are waived.
2 (c) If the motion presents only an issue of law the court
3shall determine it without the necessity of further pleadings.
4If the motion alleges facts not of record in the case the State
5shall file an answer admitting or denying each of the factual
6allegations of the motion.
7 (d) When an issue of fact is presented by a motion to
8dismiss and the answer of the State the court shall conduct a
9hearing and determine the issues.
10 (d-5) When a defendant seeks dismissal of the charge upon
11the ground set forth in subsection (a)(7) of this Section, the
12defendant shall make a prima facie showing that the county is
13an improper place of trial. Upon such showing, the State shall
14have the burden of proving, by a preponderance of the
15evidence, that the county is the proper place of trial.
16 (d-6) When a defendant seeks dismissal of the charge upon
17the grounds set forth in subsection (a)(2) of this Section,
18the prosecution shall have the burden of proving, by a
19preponderance of the evidence, that the prosecution of the
20offense is not barred by Sections 3-3 through 3-8 of the
21Criminal Code of 2012.
22 (e) Dismissal of the charge upon the grounds set forth in
23subsections (a)(4) through (a)(11) of this Section shall not
24prevent the return of a new indictment or the filing of a new
25charge, and upon such dismissal the court may order that the
26defendant be held in custody or, if the defendant had been

HB4498- 266 -LRB102 22839 RLC 31990 b
1previously released on pretrial release bail, that the
2pretrial release bail be continued for a specified time
3pending the return of a new indictment or the filing of a new
4charge.
5 (f) If the court determines that the motion to dismiss
6based upon the grounds set forth in subsections (a)(6) and
7(a)(7) is well founded it may, instead of dismissal, order the
8cause transferred to a court of competent jurisdiction or to a
9proper place of trial.
10(Source: P.A. 100-434, eff. 1-1-18; 101-652.)
11 (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
12 Sec. 115-4.1. Absence of defendant.
13 (a) When a defendant after arrest and an initial court
14appearance for a non-capital felony or a misdemeanor, fails to
15appear for trial, at the request of the State and after the
16State has affirmatively proven through substantial evidence
17that the defendant is willfully avoiding trial, the court may
18commence trial in the absence of the defendant. Absence of a
19defendant as specified in this Section shall not be a bar to
20indictment of a defendant, return of information against a
21defendant, or arraignment of a defendant for the charge for
22which pretrial release bail has been granted. If a defendant
23fails to appear at arraignment, the court may enter a plea of
24"not guilty" on his behalf. If a defendant absents himself
25before trial on a capital felony, trial may proceed as

HB4498- 267 -LRB102 22839 RLC 31990 b
1specified in this Section provided that the State certifies
2that it will not seek a death sentence following conviction.
3Trial in the defendant's absence shall be by jury unless the
4defendant had previously waived trial by jury. The absent
5defendant must be represented by retained or appointed
6counsel. The court, at the conclusion of all of the
7proceedings, may order the clerk of the circuit court to pay
8counsel such sum as the court deems reasonable, from any bond
9monies which were posted by the defendant with the clerk,
10after the clerk has first deducted all court costs. If trial
11had previously commenced in the presence of the defendant and
12the defendant willfully absents himself for two successive
13court days, the court shall proceed to trial. All procedural
14rights guaranteed by the United States Constitution,
15Constitution of the State of Illinois, statutes of the State
16of Illinois, and rules of court shall apply to the proceedings
17the same as if the defendant were present in court and had not
18either had his or her pretrial release revoked forfeited his
19bail bond or escaped from custody. The court may set the case
20for a trial which may be conducted under this Section despite
21the failure of the defendant to appear at the hearing at which
22the trial date is set. When such trial date is set the clerk
23shall send to the defendant, by certified mail at his last
24known address indicated on his bond slip, notice of the new
25date which has been set for trial. Such notification shall be
26required when the defendant was not personally present in open

HB4498- 268 -LRB102 22839 RLC 31990 b
1court at the time when the case was set for trial.
2 (b) The absence of a defendant from a trial conducted
3pursuant to this Section does not operate as a bar to
4concluding the trial, to a judgment of conviction resulting
5therefrom, or to a final disposition of the trial in favor of
6the defendant.
7 (c) Upon a verdict of not guilty, the court shall enter
8judgment for the defendant. Upon a verdict of guilty, the
9court shall set a date for the hearing of post-trial motions
10and shall hear such motion in the absence of the defendant. If
11post-trial motions are denied, the court shall proceed to
12conduct a sentencing hearing and to impose a sentence upon the
13defendant.
14 (d) A defendant who is absent for part of the proceedings
15of trial, post-trial motions, or sentencing, does not thereby
16forfeit his right to be present at all remaining proceedings.
17 (e) When a defendant who in his absence has been either
18convicted or sentenced or both convicted and sentenced appears
19before the court, he must be granted a new trial or new
20sentencing hearing if the defendant can establish that his
21failure to appear in court was both without his fault and due
22to circumstances beyond his control. A hearing with notice to
23the State's Attorney on the defendant's request for a new
24trial or a new sentencing hearing must be held before any such
25request may be granted. At any such hearing both the defendant
26and the State may present evidence.

HB4498- 269 -LRB102 22839 RLC 31990 b
1 (f) If the court grants only the defendant's request for a
2new sentencing hearing, then a new sentencing hearing shall be
3held in accordance with the provisions of the Unified Code of
4Corrections. At any such hearing, both the defendant and the
5State may offer evidence of the defendant's conduct during his
6period of absence from the court. The court may impose any
7sentence authorized by the Unified Code of Corrections and is
8not in any way limited or restricted by any sentence
9previously imposed.
10 (g) A defendant whose motion under paragraph (e) for a new
11trial or new sentencing hearing has been denied may file a
12notice of appeal therefrom. Such notice may also include a
13request for review of the judgment and sentence not vacated by
14the trial court.
15(Source: P.A. 90-787, eff. 8-14-98; 101-652.)
16 (725 ILCS 5/122-6) (from Ch. 38, par. 122-6)
17 Sec. 122-6. Disposition in trial court.
18 The court may receive proof by affidavits, depositions,
19oral testimony, or other evidence. In its discretion the court
20may order the petitioner brought before the court for the
21hearing. If the court finds in favor of the petitioner, it
22shall enter an appropriate order with respect to the judgment
23or sentence in the former proceedings and such supplementary
24orders as to rearraignment, retrial, custody, conditions of
25pretrial release bail or discharge as may be necessary and

HB4498- 270 -LRB102 22839 RLC 31990 b
1proper.
2(Source: Laws 1963, p. 2836; P.A. 101-652.)
3 (725 ILCS 5/110-1.5 rep.)
4 Section 90. The Code of Criminal Procedure of 1963 is
5amended by repealing Section 110-1.5.
6 Section 95. The Code of Criminal Procedure of 1963 is
7amended by reenacting Sections 110-6.3, 110-6.5, 110-7, 110-8,
8110-9, 110-13, 110-14, 110-15, 110-16, 110-17, and 110-18 as
9follows:
10 (725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
11 Sec. 110-6.3. Denial of bail in stalking and aggravated
12stalking offenses.
13 (a) Upon verified petition by the State, the court shall
14hold a hearing to determine whether bail should be denied to a
15defendant who is charged with stalking or aggravated stalking,
16when it is alleged that the defendant's admission to bail
17poses a real and present threat to the physical safety of the
18alleged victim of the offense, and denial of release on bail or
19personal recognizance is necessary to prevent fulfillment of
20the threat upon which the charge is based.
21 (1) A petition may be filed without prior notice to
22 the defendant at the first appearance before a judge, or
23 within 21 calendar days, except as provided in Section

HB4498- 271 -LRB102 22839 RLC 31990 b
1 110-6, after arrest and release of the defendant upon
2 reasonable notice to defendant; provided that while the
3 petition is pending before the court, the defendant if
4 previously released shall not be detained.
5 (2) The hearing shall be held immediately upon the
6 defendant's appearance before the court, unless for good
7 cause shown the defendant or the State seeks a
8 continuance. A continuance on motion of the defendant may
9 not exceed 5 calendar days, and the defendant may be held
10 in custody during the continuance. A continuance on the
11 motion of the State may not exceed 3 calendar days;
12 however, the defendant may be held in custody during the
13 continuance under this provision if the defendant has been
14 previously found to have violated an order of protection
15 or has been previously convicted of, or granted court
16 supervision for, any of the offenses set forth in Sections
17 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-2,
18 12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4,
19 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code
20 of 1961 or the Criminal Code of 2012, against the same
21 person as the alleged victim of the stalking or aggravated
22 stalking offense.
23 (b) The court may deny bail to the defendant when, after
24the hearing, it is determined that:
25 (1) the proof is evident or the presumption great that
26 the defendant has committed the offense of stalking or

HB4498- 272 -LRB102 22839 RLC 31990 b
1 aggravated stalking; and
2 (2) the defendant poses a real and present threat to
3 the physical safety of the alleged victim of the offense;
4 and
5 (3) the denial of release on bail or personal
6 recognizance is necessary to prevent fulfillment of the
7 threat upon which the charge is based; and
8 (4) the court finds that no condition or combination
9 of conditions set forth in subsection (b) of Section
10 110-10 of this Code, including mental health treatment at
11 a community mental health center, hospital, or facility of
12 the Department of Human Services, can reasonably assure
13 the physical safety of the alleged victim of the offense.
14 (c) Conduct of the hearings.
15 (1) The hearing on the defendant's culpability and
16 threat to the alleged victim of the offense shall be
17 conducted in accordance with the following provisions:
18 (A) Information used by the court in its findings
19 or stated in or offered at the hearing may be by way of
20 proffer based upon reliable information offered by the
21 State or by defendant. Defendant has the right to be
22 represented by counsel, and if he is indigent, to have
23 counsel appointed for him. Defendant shall have the
24 opportunity to testify, to present witnesses in his
25 own behalf, and to cross-examine witnesses if any are
26 called by the State. The defendant has the right to

HB4498- 273 -LRB102 22839 RLC 31990 b
1 present witnesses in his favor. When the ends of
2 justice so require, the court may exercise its
3 discretion and compel the appearance of a complaining
4 witness. The court shall state on the record reasons
5 for granting a defense request to compel the presence
6 of a complaining witness. Cross-examination of a
7 complaining witness at the pretrial detention hearing
8 for the purpose of impeaching the witness' credibility
9 is insufficient reason to compel the presence of the
10 witness. In deciding whether to compel the appearance
11 of a complaining witness, the court shall be
12 considerate of the emotional and physical well-being
13 of the witness. The pretrial detention hearing is not
14 to be used for the purposes of discovery, and the post
15 arraignment rules of discovery do not apply. The State
16 shall tender to the defendant, prior to the hearing,
17 copies of defendant's criminal history, if any, if
18 available, and any written or recorded statements and
19 the substance of any oral statements made by any
20 person, if relied upon by the State. The rules
21 concerning the admissibility of evidence in criminal
22 trials do not apply to the presentation and
23 consideration of information at the hearing. At the
24 trial concerning the offense for which the hearing was
25 conducted neither the finding of the court nor any
26 transcript or other record of the hearing shall be

HB4498- 274 -LRB102 22839 RLC 31990 b
1 admissible in the State's case in chief, but shall be
2 admissible for impeachment, or as provided in Section
3 115-10.1 of this Code, or in a perjury proceeding.
4 (B) A motion by the defendant to suppress evidence
5 or to suppress a confession shall not be entertained.
6 Evidence that proof may have been obtained as the
7 result of an unlawful search and seizure or through
8 improper interrogation is not relevant to this state
9 of the prosecution.
10 (2) The facts relied upon by the court to support a
11 finding that:
12 (A) the defendant poses a real and present threat
13 to the physical safety of the alleged victim of the
14 offense; and
15 (B) the denial of release on bail or personal
16 recognizance is necessary to prevent fulfillment of
17 the threat upon which the charge is based;
18 shall be supported by clear and convincing evidence
19 presented by the State.
20 (d) Factors to be considered in making a determination of
21the threat to the alleged victim of the offense. The court may,
22in determining whether the defendant poses, at the time of the
23hearing, a real and present threat to the physical safety of
24the alleged victim of the offense, consider but shall not be
25limited to evidence or testimony concerning:
26 (1) The nature and circumstances of the offense

HB4498- 275 -LRB102 22839 RLC 31990 b
1 charged;
2 (2) The history and characteristics of the defendant
3 including:
4 (A) Any evidence of the defendant's prior criminal
5 history indicative of violent, abusive or assaultive
6 behavior, or lack of that behavior. The evidence may
7 include testimony or documents received in juvenile
8 proceedings, criminal, quasi-criminal, civil
9 commitment, domestic relations or other proceedings;
10 (B) Any evidence of the defendant's psychological,
11 psychiatric or other similar social history that tends
12 to indicate a violent, abusive, or assaultive nature,
13 or lack of any such history.
14 (3) The nature of the threat which is the basis of the
15 charge against the defendant;
16 (4) Any statements made by, or attributed to the
17 defendant, together with the circumstances surrounding
18 them;
19 (5) The age and physical condition of any person
20 assaulted by the defendant;
21 (6) Whether the defendant is known to possess or have
22 access to any weapon or weapons;
23 (7) Whether, at the time of the current offense or any
24 other offense or arrest, the defendant was on probation,
25 parole, aftercare release, mandatory supervised release or
26 other release from custody pending trial, sentencing,

HB4498- 276 -LRB102 22839 RLC 31990 b
1 appeal or completion of sentence for an offense under
2 federal or state law;
3 (8) Any other factors, including those listed in
4 Section 110-5 of this Code, deemed by the court to have a
5 reasonable bearing upon the defendant's propensity or
6 reputation for violent, abusive or assaultive behavior, or
7 lack of that behavior.
8 (e) The court shall, in any order denying bail to a person
9charged with stalking or aggravated stalking:
10 (1) briefly summarize the evidence of the defendant's
11 culpability and its reasons for concluding that the
12 defendant should be held without bail;
13 (2) direct that the defendant be committed to the
14 custody of the sheriff for confinement in the county jail
15 pending trial;
16 (3) direct that the defendant be given a reasonable
17 opportunity for private consultation with counsel, and for
18 communication with others of his choice by visitation,
19 mail and telephone; and
20 (4) direct that the sheriff deliver the defendant as
21 required for appearances in connection with court
22 proceedings.
23 (f) If the court enters an order for the detention of the
24defendant under subsection (e) of this Section, the defendant
25shall be brought to trial on the offense for which he is
26detained within 90 days after the date on which the order for

HB4498- 277 -LRB102 22839 RLC 31990 b
1detention was entered. If the defendant is not brought to
2trial within the 90 day period required by this subsection
3(f), he shall not be held longer without bail. In computing the
490 day period, the court shall omit any period of delay
5resulting from a continuance granted at the request of the
6defendant. The court shall immediately notify the alleged
7victim of the offense that the defendant has been admitted to
8bail under this subsection.
9 (g) Any person shall be entitled to appeal any order
10entered under this Section denying bail to the defendant.
11 (h) The State may appeal any order entered under this
12Section denying any motion for denial of bail.
13 (i) Nothing in this Section shall be construed as
14modifying or limiting in any way the defendant's presumption
15of innocence in further criminal proceedings.
16(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
1798-558, eff. 1-1-14; 101-652, eff. 7-1-21.)
18 (725 ILCS 5/110-6.5)
19 Sec. 110-6.5. Drug testing program. The Chief Judge of the
20circuit may establish a drug testing program as provided by
21this Section in any county in the circuit if the county board
22has approved the establishment of the program and the county
23probation department or pretrial services agency has consented
24to administer it. The drug testing program shall be conducted
25under the following provisions:

HB4498- 278 -LRB102 22839 RLC 31990 b
1 (a) The court, in the case of a defendant charged with a
2felony offense or any offense involving the possession or
3delivery of cannabis or a controlled substance, shall:
4 (1) not consider the release of the defendant on his
5 or her own recognizance, unless the defendant consents to
6 periodic drug testing during the period of release on his
7 or her own recognizance, in accordance with this Section;
8 (2) consider the consent of the defendant to periodic
9 drug testing during the period of release on bail in
10 accordance with this Section as a favorable factor for the
11 defendant in determining the amount of bail, the
12 conditions of release or in considering the defendant's
13 motion to reduce the amount of bail.
14 (b) The drug testing shall be conducted by the pretrial
15services agency or under the direction of the probation
16department when a pretrial services agency does not exist in
17accordance with this Section.
18 (c) A defendant who consents to periodic drug testing as
19set forth in this Section shall sign an agreement with the
20court that, during the period of release, the defendant shall
21refrain from using illegal drugs and that the defendant will
22comply with the conditions of the testing program. The
23agreement shall be on a form prescribed by the court and shall
24be executed at the time of the bail hearing. This agreement
25shall be made a specific condition of bail.
26 (d) The drug testing program shall be conducted as

HB4498- 279 -LRB102 22839 RLC 31990 b
1follows:
2 (1) The testing shall be done by urinalysis for the
3 detection of phencyclidine, heroin, cocaine, methadone and
4 amphetamines.
5 (2) The collection of samples shall be performed under
6 reasonable and sanitary conditions.
7 (3) Samples shall be collected and tested with due
8 regard for the privacy of the individual being tested and
9 in a manner reasonably calculated to prevent substitutions
10 or interference with the collection or testing of reliable
11 samples.
12 (4) Sample collection shall be documented, and the
13 documentation procedures shall include:
14 (i) Labeling of samples so as to reasonably
15 preclude the probability of erroneous identification
16 of test results; and
17 (ii) An opportunity for the defendant to provide
18 information on the identification of prescription or
19 nonprescription drugs used in connection with a
20 medical condition.
21 (5) Sample collection, storage, and transportation to
22 the place of testing shall be performed so as to
23 reasonably preclude the probability of sample
24 contamination or adulteration.
25 (6) Sample testing shall conform to scientifically
26 accepted analytical methods and procedures. Testing shall

HB4498- 280 -LRB102 22839 RLC 31990 b
1 include verification or confirmation of any positive test
2 result by a reliable analytical method before the result
3 of any test may be used as a basis for any action by the
4 court.
5 (e) The initial sample shall be collected before the
6defendant's release on bail. Thereafter, the defendant shall
7report to the pretrial services agency or probation department
8as required by the agency or department. The pretrial services
9agency or probation department shall immediately notify the
10court of any defendant who fails to report for testing.
11 (f) After the initial test, a subsequent confirmed
12positive test result indicative of continued drug use shall
13result in the following:
14 (1) Upon the first confirmed positive test result, the
15 pretrial services agency or probation department, shall
16 place the defendant on a more frequent testing schedule
17 and shall warn the defendant of the consequences of
18 continued drug use.
19 (2) A second confirmed positive test result shall be
20 grounds for a hearing before the judge who authorized the
21 release of the defendant in accordance with the provisions
22 of subsection (g) of this Section.
23 (g) The court shall, upon motion of the State or upon its
24own motion, conduct a hearing in connection with any defendant
25who fails to appear for testing, fails to cooperate with the
26persons conducting the testing program, attempts to submit a

HB4498- 281 -LRB102 22839 RLC 31990 b
1sample not his or her own or has had a confirmed positive test
2result indicative of continued drug use for the second or
3subsequent time after the initial test. The hearing shall be
4conducted in accordance with the procedures of Section 110-6.
5 Upon a finding by the court that the State has established
6by clear and convincing evidence that the defendant has
7violated the drug testing conditions of bail, the court may
8consider any of the following sanctions:
9 (1) increase the amount of the defendant's bail or
10 conditions of release;
11 (2) impose a jail sentence of up to 5 days;
12 (3) revoke the defendant's bail; or
13 (4) enter such other orders which are within the power
14 of the court as deemed appropriate.
15 (h) The results of any drug testing conducted under this
16Section shall not be admissible on the issue of the
17defendant's guilt in connection with any criminal charge.
18 (i) The court may require that the defendant pay for the
19cost of drug testing.
20(Source: P.A. 88-677, eff. 12-15-94; 101-652, eff. 7-1-21.)
21 (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
22 Sec. 110-7. Deposit of bail security.
23 (a) The person for whom bail has been set shall execute the
24bail bond and deposit with the clerk of the court before which
25the proceeding is pending a sum of money equal to 10% of the

HB4498- 282 -LRB102 22839 RLC 31990 b
1bail, but in no event shall such deposit be less than $25. The
2clerk of the court shall provide a space on each form for a
3person other than the accused who has provided the money for
4the posting of bail to so indicate and a space signed by an
5accused who has executed the bail bond indicating whether a
6person other than the accused has provided the money for the
7posting of bail. The form shall also include a written notice
8to such person who has provided the defendant with the money
9for the posting of bail indicating that the bail may be used to
10pay costs, attorney's fees, fines, or other purposes
11authorized by the court and if the defendant fails to comply
12with the conditions of the bail bond, the court shall enter an
13order declaring the bail to be forfeited. The written notice
14must be: (1) distinguishable from the surrounding text; (2) in
15bold type or underscored; and (3) in a type size at least 2
16points larger than the surrounding type. When a person for
17whom bail has been set is charged with an offense under the
18Illinois Controlled Substances Act or the Methamphetamine
19Control and Community Protection Act which is a Class X
20felony, or making a terrorist threat in violation of Section
2129D-20 of the Criminal Code of 1961 or the Criminal Code of
222012 or an attempt to commit the offense of making a terrorist
23threat, the court may require the defendant to deposit a sum
24equal to 100% of the bail. Where any person is charged with a
25forcible felony while free on bail and is the subject of
26proceedings under Section 109-3 of this Code the judge

HB4498- 283 -LRB102 22839 RLC 31990 b
1conducting the preliminary examination may also conduct a
2hearing upon the application of the State pursuant to the
3provisions of Section 110-6 of this Code to increase or revoke
4the bail for that person's prior alleged offense.
5 (b) Upon depositing this sum and any bond fee authorized
6by law, the person shall be released from custody subject to
7the conditions of the bail bond.
8 (c) Once bail has been given and a charge is pending or is
9thereafter filed in or transferred to a court of competent
10jurisdiction the latter court shall continue the original bail
11in that court subject to the provisions of Section 110-6 of
12this Code.
13 (d) After conviction the court may order that the original
14bail stand as bail pending appeal or deny, increase or reduce
15bail subject to the provisions of Section 110-6.2.
16 (e) After the entry of an order by the trial court allowing
17or denying bail pending appeal either party may apply to the
18reviewing court having jurisdiction or to a justice thereof
19sitting in vacation for an order increasing or decreasing the
20amount of bail or allowing or denying bail pending appeal
21subject to the provisions of Section 110-6.2.
22 (f) When the conditions of the bail bond have been
23performed and the accused has been discharged from all
24obligations in the cause the clerk of the court shall return to
25the accused or to the defendant's designee by an assignment
26executed at the time the bail amount is deposited, unless the

HB4498- 284 -LRB102 22839 RLC 31990 b
1court orders otherwise, 90% of the sum which had been
2deposited and shall retain as bail bond costs 10% of the amount
3deposited. However, in no event shall the amount retained by
4the clerk as bail bond costs be less than $5. Notwithstanding
5the foregoing, in counties with a population of 3,000,000 or
6more, in no event shall the amount retained by the clerk as
7bail bond costs exceed $100. Bail bond deposited by or on
8behalf of a defendant in one case may be used, in the court's
9discretion, to satisfy financial obligations of that same
10defendant incurred in a different case due to a fine, court
11costs, restitution or fees of the defendant's attorney of
12record. In counties with a population of 3,000,000 or more,
13the court shall not order bail bond deposited by or on behalf
14of a defendant in one case to be used to satisfy financial
15obligations of that same defendant in a different case until
16the bail bond is first used to satisfy court costs and
17attorney's fees in the case in which the bail bond has been
18deposited and any other unpaid child support obligations are
19satisfied. In counties with a population of less than
203,000,000, the court shall not order bail bond deposited by or
21on behalf of a defendant in one case to be used to satisfy
22financial obligations of that same defendant in a different
23case until the bail bond is first used to satisfy court costs
24in the case in which the bail bond has been deposited.
25 At the request of the defendant the court may order such
2690% of defendant's bail deposit, or whatever amount is

HB4498- 285 -LRB102 22839 RLC 31990 b
1repayable to defendant from such deposit, to be paid to
2defendant's attorney of record.
3 (g) If the accused does not comply with the conditions of
4the bail bond the court having jurisdiction shall enter an
5order declaring the bail to be forfeited. Notice of such order
6of forfeiture shall be mailed forthwith to the accused at his
7last known address. If the accused does not appear and
8surrender to the court having jurisdiction within 30 days from
9the date of the forfeiture or within such period satisfy the
10court that appearance and surrender by the accused is
11impossible and without his fault the court shall enter
12judgment for the State if the charge for which the bond was
13given was a felony or misdemeanor, or if the charge was
14quasi-criminal or traffic, judgment for the political
15subdivision of the State which prosecuted the case, against
16the accused for the amount of the bail and costs of the court
17proceedings; however, in counties with a population of less
18than 3,000,000, instead of the court entering a judgment for
19the full amount of the bond the court may, in its discretion,
20enter judgment for the cash deposit on the bond, less costs,
21retain the deposit for further disposition or, if a cash bond
22was posted for failure to appear in a matter involving
23enforcement of child support or maintenance, the amount of the
24cash deposit on the bond, less outstanding costs, may be
25awarded to the person or entity to whom the child support or
26maintenance is due. The deposit made in accordance with

HB4498- 286 -LRB102 22839 RLC 31990 b
1paragraph (a) shall be applied to the payment of costs. If
2judgment is entered and any amount of such deposit remains
3after the payment of costs it shall be applied to payment of
4the judgment and transferred to the treasury of the municipal
5corporation wherein the bond was taken if the offense was a
6violation of any penal ordinance of a political subdivision of
7this State, or to the treasury of the county wherein the bond
8was taken if the offense was a violation of any penal statute
9of this State. The balance of the judgment may be enforced and
10collected in the same manner as a judgment entered in a civil
11action.
12 (h) After a judgment for a fine and court costs or either
13is entered in the prosecution of a cause in which a deposit had
14been made in accordance with paragraph (a) the balance of such
15deposit, after deduction of bail bond costs, shall be applied
16to the payment of the judgment.
17 (i) When a court appearance is required for an alleged
18violation of the Criminal Code of 1961, the Criminal Code of
192012, the Illinois Vehicle Code, the Wildlife Code, the Fish
20and Aquatic Life Code, the Child Passenger Protection Act, or
21a comparable offense of a unit of local government as
22specified in Supreme Court Rule 551, and if the accused does
23not appear in court on the date set for appearance or any date
24to which the case may be continued and the court issues an
25arrest warrant for the accused, based upon his or her failure
26to appear when having so previously been ordered to appear by

HB4498- 287 -LRB102 22839 RLC 31990 b
1the court, the accused upon his or her admission to bail shall
2be assessed by the court a fee of $75. Payment of the fee shall
3be a condition of release unless otherwise ordered by the
4court. The fee shall be in addition to any bail that the
5accused is required to deposit for the offense for which the
6accused has been charged and may not be used for the payment of
7court costs or fines assessed for the offense. The clerk of the
8court shall remit $70 of the fee assessed to the arresting
9agency who brings the offender in on the arrest warrant. If the
10Department of State Police is the arresting agency, $70 of the
11fee assessed shall be remitted by the clerk of the court to the
12State Treasurer within one month after receipt for deposit
13into the State Police Operations Assistance Fund. The clerk of
14the court shall remit $5 of the fee assessed to the Circuit
15Court Clerk Operation and Administrative Fund as provided in
16Section 27.3d of the Clerks of Courts Act.
17(Source: P.A. 99-412, eff. 1-1-16; 101-652, eff. 7-1-21.)
18 (725 ILCS 5/110-8) (from Ch. 38, par. 110-8)
19 Sec. 110-8. Cash, stocks, bonds and real estate as
20security for bail.
21 (a) In lieu of the bail deposit provided for in Section
22110-7 of this Code any person for whom bail has been set may
23execute the bail bond with or without sureties which bond may
24be secured:
25 (1) By a deposit, with the clerk of the court, of an amount

HB4498- 288 -LRB102 22839 RLC 31990 b
1equal to the required bail, of cash, or stocks and bonds in
2which trustees are authorized to invest trust funds under the
3laws of this State; or
4 (2) By real estate situated in this State with
5unencumbered equity not exempt owned by the accused or
6sureties worth double the amount of bail set in the bond.
7 (b) If the bail bond is secured by stocks and bonds the
8accused or sureties shall file with the bond a sworn schedule
9which shall be approved by the court and shall contain:
10 (1) A list of the stocks and bonds deposited
11 describing each in sufficient detail that it may be
12 identified;
13 (2) The market value of each stock and bond;
14 (3) The total market value of the stocks and bonds
15 listed;
16 (4) A statement that the affiant is the sole owner of
17 the stocks and bonds listed and they are not exempt from
18 the enforcement of a judgment thereon;
19 (5) A statement that such stocks and bonds have not
20 previously been used or accepted as bail in this State
21 during the 12 months preceding the date of the bail bond;
22 and
23 (6) A statement that such stocks and bonds are
24 security for the appearance of the accused in accordance
25 with the conditions of the bail bond.
26 (c) If the bail bond is secured by real estate the accused

HB4498- 289 -LRB102 22839 RLC 31990 b
1or sureties shall file with the bond a sworn schedule which
2shall contain:
3 (1) A legal description of the real estate;
4 (2) A description of any and all encumbrances on the
5 real estate including the amount of each and the holder
6 thereof;
7 (3) The market value of the unencumbered equity owned
8 by the affiant;
9 (4) A statement that the affiant is the sole owner of
10 such unencumbered equity and that it is not exempt from
11 the enforcement of a judgment thereon;
12 (5) A statement that the real estate has not
13 previously been used or accepted as bail in this State
14 during the 12 months preceding the date of the bail bond;
15 and
16 (6) A statement that the real estate is security for
17 the appearance of the accused in accordance with the
18 conditions of the bail bond.
19 (d) The sworn schedule shall constitute a material part of
20the bail bond. The affiant commits perjury if in the sworn
21schedule he makes a false statement which he does not believe
22to be true. He shall be prosecuted and punished accordingly,
23or, he may be punished for contempt.
24 (e) A certified copy of the bail bond and schedule of real
25estate shall be filed immediately in the office of the
26registrar of titles or recorder of the county in which the real

HB4498- 290 -LRB102 22839 RLC 31990 b
1estate is situated and the State shall have a lien on such real
2estate from the time such copies are filed in the office of the
3registrar of titles or recorder. The registrar of titles or
4recorder shall enter, index and record (or register as the
5case may be) such bail bonds and schedules without requiring
6any advance fee, which fee shall be taxed as costs in the
7proceeding and paid out of such costs when collected.
8 (f) When the conditions of the bail bond have been
9performed and the accused has been discharged from his
10obligations in the cause, the clerk of the court shall return
11to him or his sureties the deposit of any cash, stocks or
12bonds. If the bail bond has been secured by real estate the
13clerk of the court shall forthwith notify in writing the
14registrar of titles or recorder and the lien of the bail bond
15on the real estate shall be discharged.
16 (g) If the accused does not comply with the conditions of
17the bail bond the court having jurisdiction shall enter an
18order declaring the bail to be forfeited. Notice of such order
19of forfeiture shall be mailed forthwith by the clerk of the
20court to the accused and his sureties at their last known
21address. If the accused does not appear and surrender to the
22court having jurisdiction within 30 days from the date of the
23forfeiture or within such period satisfy the court that
24appearance and surrender by the accused is impossible and
25without his fault the court shall enter judgment for the State
26against the accused and his sureties for the amount of the bail

HB4498- 291 -LRB102 22839 RLC 31990 b
1and costs of the proceedings; however, in counties with a
2population of less than 3,000,000, if the defendant has posted
3a cash bond, instead of the court entering a judgment for the
4full amount of the bond the court may, in its discretion, enter
5judgment for the cash deposit on the bond, less costs, retain
6the deposit for further disposition or, if a cash bond was
7posted for failure to appear in a matter involving enforcement
8of child support or maintenance, the amount of the cash
9deposit on the bond, less outstanding costs, may be awarded to
10the person or entity to whom the child support or maintenance
11is due.
12 (h) When judgment is entered in favor of the State on any
13bail bond given for a felony or misdemeanor, or judgement for a
14political subdivision of the state on any bail bond given for a
15quasi-criminal or traffic offense, the State's Attorney or
16political subdivision's attorney shall forthwith obtain a
17certified copy of the judgment and deliver same to the sheriff
18to be enforced by levy on the stocks or bonds deposited with
19the clerk of the court and the real estate described in the
20bail bond schedule. Any cash forfeited under subsection (g) of
21this Section shall be used to satisfy the judgment and costs
22and, without necessity of levy, ordered paid into the treasury
23of the municipal corporation wherein the bail bond was taken
24if the offense was a violation of any penal ordinance of a
25political subdivision of this State, or into the treasury of
26the county wherein the bail bond was taken if the offense was a

HB4498- 292 -LRB102 22839 RLC 31990 b
1violation of any penal statute of this State, or to the person
2or entity to whom child support or maintenance is owed if the
3bond was taken for failure to appear in a matter involving
4child support or maintenance. The stocks, bonds and real
5estate shall be sold in the same manner as in sales for the
6enforcement of a judgment in civil actions and the proceeds of
7such sale shall be used to satisfy all court costs, prior
8encumbrances, if any, and from the balance a sufficient amount
9to satisfy the judgment shall be paid into the treasury of the
10municipal corporation wherein the bail bond was taken if the
11offense was a violation of any penal ordinance of a political
12subdivision of this State, or into the treasury of the county
13wherein the bail bond was taken if the offense was a violation
14of any penal statute of this State. The balance shall be
15returned to the owner. The real estate so sold may be redeemed
16in the same manner as real estate may be redeemed after
17judicial sales or sales for the enforcement of judgments in
18civil actions.
19 (i) No stocks, bonds or real estate may be used or accepted
20as bail bond security in this State more than once in any 12
21month period.
22(Source: P.A. 89-469, eff. 1-1-97; 101-652, eff. 7-1-21.)
23 (725 ILCS 5/110-9) (from Ch. 38, par. 110-9)
24 Sec. 110-9. Taking of bail by peace officer. When bail has
25been set by a judicial officer for a particular offense or

HB4498- 293 -LRB102 22839 RLC 31990 b
1offender any sheriff or other peace officer may take bail in
2accordance with the provisions of Section 110-7 or 110-8 of
3this Code and release the offender to appear in accordance
4with the conditions of the bail bond, the Notice to Appear or
5the Summons. The officer shall give a receipt to the offender
6for the bail so taken and within a reasonable time deposit such
7bail with the clerk of the court having jurisdiction of the
8offense. A sheriff or other peace officer taking bail in
9accordance with the provisions of Section 110-7 or 110-8 of
10this Code shall accept payments made in the form of currency,
11and may accept other forms of payment as the sheriff shall by
12rule authorize. For purposes of this Section, "currency" has
13the meaning provided in subsection (a) of Section 3 of the
14Currency Reporting Act.
15(Source: P.A. 99-618, eff. 1-1-17; 101-652, eff. 7-1-21.)
16 (725 ILCS 5/110-13) (from Ch. 38, par. 110-13)
17 Sec. 110-13. Persons prohibited from furnishing bail
18security. No attorney at law practicing in this State and no
19official authorized to admit another to bail or to accept bail
20shall furnish any part of any security for bail in any criminal
21action or any proceeding nor shall any such person act as
22surety for any accused admitted to bail.
23(Source: Laws 1963, p. 2836; 101-652, eff. 7-1-21.)
24 (725 ILCS 5/110-14) (from Ch. 38, par. 110-14)

HB4498- 294 -LRB102 22839 RLC 31990 b
1 Sec. 110-14. Credit for incarceration on bailable offense;
2credit against monetary bail for certain offenses.
3 (a) Any person incarcerated on a bailable offense who does
4not supply bail and against whom a fine is levied on conviction
5of the offense shall be allowed a credit of $30 for each day so
6incarcerated upon application of the defendant. However, in no
7case shall the amount so allowed or credited exceed the amount
8of the fine.
9 (b) Subsection (a) does not apply to a person incarcerated
10for sexual assault as defined in paragraph (1) of subsection
11(a) of Section 5-9-1.7 of the Unified Code of Corrections.
12 (c) A person subject to bail on a Category B offense shall
13have $30 deducted from his or her 10% cash bond amount every
14day the person is incarcerated. The sheriff shall calculate
15and apply this $30 per day reduction and send notice to the
16circuit clerk if a defendant's 10% cash bond amount is reduced
17to $0, at which point the defendant shall be released upon his
18or her own recognizance.
19 (d) The court may deny the incarceration credit in
20subsection (c) of this Section if the person has failed to
21appear as required before the court and is incarcerated based
22on a warrant for failure to appear on the same original
23criminal offense.
24(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19;
25101-408, eff. 1-1-20; 101-652, eff. 7-1-21.)

HB4498- 295 -LRB102 22839 RLC 31990 b
1 (725 ILCS 5/110-15) (from Ch. 38, par. 110-15)
2 Sec. 110-15. Applicability of provisions for giving and
3taking bail. The provisions of Sections 110-7 and 110-8 of
4this Code are exclusive of other provisions of law for the
5giving, taking, or enforcement of bail. In all cases where a
6person is admitted to bail the provisions of Sections 110-7
7and 110-8 of this Code shall be applicable.
8 However, the Supreme Court may, by rule or order,
9prescribe a uniform schedule of amounts of bail in all but
10felony offenses. The uniform schedule shall not require a
11person cited for violating the Illinois Vehicle Code or a
12similar provision of a local ordinance for which a violation
13is a petty offense as defined by Section 5-1-17 of the Unified
14Code of Corrections, excluding business offenses as defined by
15Section 5-1-2 of the Unified Code of Corrections or a
16violation of Section 15-111 or subsection (d) of Section 3-401
17of the Illinois Vehicle Code, to post bond to secure bail for
18his or her release. Such uniform schedule may provide that the
19cash deposit provisions of Section 110-7 shall not apply to
20bail amounts established for alleged violations punishable by
21fine alone, and the schedule may further provide that in
22specified traffic cases a valid Illinois chauffeur's or
23operator's license must be deposited, in addition to 10% of
24the amount of the bail specified in the schedule.
25(Source: P.A. 98-870, eff. 1-1-15; 98-1134, eff. 1-1-15;
26101-652, eff. 7-1-21.)

HB4498- 296 -LRB102 22839 RLC 31990 b
1 (725 ILCS 5/110-16) (from Ch. 38, par. 110-16)
2 Sec. 110-16. Bail bond-forfeiture in same case or absents
3self during trial-not bailable. If a person admitted to bail
4on a felony charge forfeits his bond and fails to appear in
5court during the 30 days immediately after such forfeiture, on
6being taken into custody thereafter he shall not be bailable
7in the case in question, unless the court finds that his
8absence was not for the purpose of obstructing justice or
9avoiding prosecution.
10(Source: P.A. 77-1447; 101-652, eff. 7-1-21.)
11 (725 ILCS 5/110-17) (from Ch. 38, par. 110-17)
12 Sec. 110-17. Unclaimed bail deposits. Any sum of money
13deposited by any person to secure his or her release from
14custody which remains unclaimed by the person entitled to its
15return for 3 years after the conditions of the bail bond have
16been performed and the accused has been discharged from all
17obligations in the cause shall be presumed to be abandoned and
18subject to disposition under the Revised Uniform Unclaimed
19Property Act.
20(Source: P.A. 100-22, eff. 1-1-18; 100-929, eff. 1-1-19;
21101-81, eff. 7-12-19; 101-652, eff. 7-1-21.)
22 (725 ILCS 5/110-18) (from Ch. 38, par. 110-18)
23 Sec. 110-18. Reimbursement. The sheriff of each county

HB4498- 297 -LRB102 22839 RLC 31990 b
1shall certify to the treasurer of each county the number of
2days that persons had been detained in the custody of the
3sheriff without a bond being set as a result of an order
4entered pursuant to Section 110-6.1 of this Code. The county
5treasurer shall, no later than January 1, annually certify to
6the Supreme Court the number of days that persons had been
7detained without bond during the twelve-month period ending
8November 30. The Supreme Court shall reimburse, from funds
9appropriated to it by the General Assembly for such purposes,
10the treasurer of each county an amount of money for deposit in
11the county general revenue fund at a rate of $50 per day for
12each day that persons were detained in custody without bail as
13a result of an order entered pursuant to Section 110-6.1 of
14this Code.
15(Source: P.A. 85-892; 101-652, eff. 7-1-21.)
16 Section 100. The Rights of Crime Victims and Witnesses Act
17is amended by changing Sections 4 and 4.5 as follows:
18 (725 ILCS 120/4) (from Ch. 38, par. 1404)
19 Sec. 4. Rights of crime victims.
20 (a) Crime victims shall have the following rights:
21 (1) The right to be treated with fairness and respect
22 for their dignity and privacy and to be free from
23 harassment, intimidation, and abuse throughout the
24 criminal justice process.

HB4498- 298 -LRB102 22839 RLC 31990 b
1 (1.5) The right to notice and to a hearing before a
2 court ruling on a request for access to any of the victim's
3 records, information, or communications which are
4 privileged or confidential by law.
5 (2) The right to timely notification of all court
6 proceedings.
7 (3) The right to communicate with the prosecution.
8 (4) The right to be heard at any post-arraignment
9 court proceeding in which a right of the victim is at issue
10 and any court proceeding involving a post-arraignment
11 release decision, plea, or sentencing.
12 (5) The right to be notified of the conviction, the
13 sentence, the imprisonment and the release of the accused.
14 (6) The right to the timely disposition of the case
15 following the arrest of the accused.
16 (7) The right to be reasonably protected from the
17 accused through the criminal justice process.
18 (7.5) The right to have the safety of the victim and
19 the victim's family considered in denying or fixing the
20 amount of bail, determining whether to release the
21 defendant, and setting conditions of release after arrest
22 and conviction.
23 (8) The right to be present at the trial and all other
24 court proceedings on the same basis as the accused, unless
25 the victim is to testify and the court determines that the
26 victim's testimony would be materially affected if the

HB4498- 299 -LRB102 22839 RLC 31990 b
1 victim hears other testimony at the trial.
2 (9) The right to have present at all court
3 proceedings, including proceedings under the Juvenile
4 Court Act of 1987, subject to the rules of evidence, an
5 advocate and other support person of the victim's choice.
6 (10) The right to restitution.
7 (b) Any law enforcement agency that investigates an
8offense committed in this State shall provide a crime victim
9with a written statement and explanation of the rights of
10crime victims under this amendatory Act of the 99th General
11Assembly within 48 hours of law enforcement's initial contact
12with a victim. The statement shall include information about
13crime victim compensation, including how to contact the Office
14of the Illinois Attorney General to file a claim, and
15appropriate referrals to local and State programs that provide
16victim services. The content of the statement shall be
17provided to law enforcement by the Attorney General. Law
18enforcement shall also provide a crime victim with a sign-off
19sheet that the victim shall sign and date as an
20acknowledgement that he or she has been furnished with
21information and an explanation of the rights of crime victims
22and compensation set forth in this Act.
23 (b-5) Upon the request of the victim, the law enforcement
24agency having jurisdiction shall provide a free copy of the
25police report concerning the victim's incident, as soon as
26practicable, but in no event later than 5 business days from

HB4498- 300 -LRB102 22839 RLC 31990 b
1the request.
2 (c) The Clerk of the Circuit Court shall post the rights of
3crime victims set forth in Article I, Section 8.1(a) of the
4Illinois Constitution and subsection (a) of this Section
5within 3 feet of the door to any courtroom where criminal
6proceedings are conducted. The clerk may also post the rights
7in other locations in the courthouse.
8 (d) At any point, the victim has the right to retain a
9victim's attorney who may be present during all stages of any
10interview, investigation, or other interaction with
11representatives of the criminal justice system. Treatment of
12the victim should not be affected or altered in any way as a
13result of the victim's decision to exercise this right.
14(Source: P.A. 99-413, eff. 8-20-15; 100-1087, eff. 1-1-19;
15101-652.)
16 (725 ILCS 120/4.5)
17 (Text of Section before amendment by P.A. 101-652)
18 Sec. 4.5. Procedures to implement the rights of crime
19victims. To afford crime victims their rights, law
20enforcement, prosecutors, judges, and corrections will provide
21information, as appropriate, of the following procedures:
22 (a) At the request of the crime victim, law enforcement
23authorities investigating the case shall provide notice of the
24status of the investigation, except where the State's Attorney
25determines that disclosure of such information would

HB4498- 301 -LRB102 22839 RLC 31990 b
1unreasonably interfere with the investigation, until such time
2as the alleged assailant is apprehended or the investigation
3is closed.
4 (a-5) When law enforcement authorities reopen a closed
5case to resume investigating, they shall provide notice of the
6reopening of the case, except where the State's Attorney
7determines that disclosure of such information would
8unreasonably interfere with the investigation.
9 (b) The office of the State's Attorney:
10 (1) shall provide notice of the filing of an
11 information, the return of an indictment, or the filing of
12 a petition to adjudicate a minor as a delinquent for a
13 violent crime;
14 (2) shall provide timely notice of the date, time, and
15 place of court proceedings; of any change in the date,
16 time, and place of court proceedings; and of any
17 cancellation of court proceedings. Notice shall be
18 provided in sufficient time, wherever possible, for the
19 victim to make arrangements to attend or to prevent an
20 unnecessary appearance at court proceedings;
21 (3) or victim advocate personnel shall provide
22 information of social services and financial assistance
23 available for victims of crime, including information of
24 how to apply for these services and assistance;
25 (3.5) or victim advocate personnel shall provide
26 information about available victim services, including

HB4498- 302 -LRB102 22839 RLC 31990 b
1 referrals to programs, counselors, and agencies that
2 assist a victim to deal with trauma, loss, and grief;
3 (4) shall assist in having any stolen or other
4 personal property held by law enforcement authorities for
5 evidentiary or other purposes returned as expeditiously as
6 possible, pursuant to the procedures set out in Section
7 115-9 of the Code of Criminal Procedure of 1963;
8 (5) or victim advocate personnel shall provide
9 appropriate employer intercession services to ensure that
10 employers of victims will cooperate with the criminal
11 justice system in order to minimize an employee's loss of
12 pay and other benefits resulting from court appearances;
13 (6) shall provide, whenever possible, a secure waiting
14 area during court proceedings that does not require
15 victims to be in close proximity to defendants or
16 juveniles accused of a violent crime, and their families
17 and friends;
18 (7) shall provide notice to the crime victim of the
19 right to have a translator present at all court
20 proceedings and, in compliance with the federal Americans
21 with Disabilities Act of 1990, the right to communications
22 access through a sign language interpreter or by other
23 means;
24 (8) (blank);
25 (8.5) shall inform the victim of the right to be
26 present at all court proceedings, unless the victim is to

HB4498- 303 -LRB102 22839 RLC 31990 b
1 testify and the court determines that the victim's
2 testimony would be materially affected if the victim hears
3 other testimony at trial;
4 (9) shall inform the victim of the right to have
5 present at all court proceedings, subject to the rules of
6 evidence and confidentiality, an advocate and other
7 support person of the victim's choice;
8 (9.3) shall inform the victim of the right to retain
9 an attorney, at the victim's own expense, who, upon
10 written notice filed with the clerk of the court and
11 State's Attorney, is to receive copies of all notices,
12 motions, and court orders filed thereafter in the case, in
13 the same manner as if the victim were a named party in the
14 case;
15 (9.5) shall inform the victim of (A) the victim's
16 right under Section 6 of this Act to make a statement at
17 the sentencing hearing; (B) the right of the victim's
18 spouse, guardian, parent, grandparent, and other immediate
19 family and household members under Section 6 of this Act
20 to present a statement at sentencing; and (C) if a
21 presentence report is to be prepared, the right of the
22 victim's spouse, guardian, parent, grandparent, and other
23 immediate family and household members to submit
24 information to the preparer of the presentence report
25 about the effect the offense has had on the victim and the
26 person;

HB4498- 304 -LRB102 22839 RLC 31990 b
1 (10) at the sentencing shall make a good faith attempt
2 to explain the minimum amount of time during which the
3 defendant may actually be physically imprisoned. The
4 Office of the State's Attorney shall further notify the
5 crime victim of the right to request from the Prisoner
6 Review Board or Department of Juvenile Justice information
7 concerning the release of the defendant;
8 (11) shall request restitution at sentencing and as
9 part of a plea agreement if the victim requests
10 restitution;
11 (12) shall, upon the court entering a verdict of not
12 guilty by reason of insanity, inform the victim of the
13 notification services available from the Department of
14 Human Services, including the statewide telephone number,
15 under subparagraph (d)(2) of this Section;
16 (13) shall provide notice within a reasonable time
17 after receipt of notice from the custodian, of the release
18 of the defendant on bail or personal recognizance or the
19 release from detention of a minor who has been detained;
20 (14) shall explain in nontechnical language the
21 details of any plea or verdict of a defendant, or any
22 adjudication of a juvenile as a delinquent;
23 (15) shall make all reasonable efforts to consult with
24 the crime victim before the Office of the State's Attorney
25 makes an offer of a plea bargain to the defendant or enters
26 into negotiations with the defendant concerning a possible

HB4498- 305 -LRB102 22839 RLC 31990 b
1 plea agreement, and shall consider the written statement,
2 if prepared prior to entering into a plea agreement. The
3 right to consult with the prosecutor does not include the
4 right to veto a plea agreement or to insist the case go to
5 trial. If the State's Attorney has not consulted with the
6 victim prior to making an offer or entering into plea
7 negotiations with the defendant, the Office of the State's
8 Attorney shall notify the victim of the offer or the
9 negotiations within 2 business days and confer with the
10 victim;
11 (16) shall provide notice of the ultimate disposition
12 of the cases arising from an indictment or an information,
13 or a petition to have a juvenile adjudicated as a
14 delinquent for a violent crime;
15 (17) shall provide notice of any appeal taken by the
16 defendant and information on how to contact the
17 appropriate agency handling the appeal, and how to request
18 notice of any hearing, oral argument, or decision of an
19 appellate court;
20 (18) shall provide timely notice of any request for
21 post-conviction review filed by the defendant under
22 Article 122 of the Code of Criminal Procedure of 1963, and
23 of the date, time and place of any hearing concerning the
24 petition. Whenever possible, notice of the hearing shall
25 be given within 48 hours of the court's scheduling of the
26 hearing; and

HB4498- 306 -LRB102 22839 RLC 31990 b
1 (19) shall forward a copy of any statement presented
2 under Section 6 to the Prisoner Review Board or Department
3 of Juvenile Justice to be considered in making a
4 determination under Section 3-2.5-85 or subsection (b) of
5 Section 3-3-8 of the Unified Code of Corrections.
6 (c) The court shall ensure that the rights of the victim
7are afforded.
8 (c-5) The following procedures shall be followed to afford
9victims the rights guaranteed by Article I, Section 8.1 of the
10Illinois Constitution:
11 (1) Written notice. A victim may complete a written
12 notice of intent to assert rights on a form prepared by the
13 Office of the Attorney General and provided to the victim
14 by the State's Attorney. The victim may at any time
15 provide a revised written notice to the State's Attorney.
16 The State's Attorney shall file the written notice with
17 the court. At the beginning of any court proceeding in
18 which the right of a victim may be at issue, the court and
19 prosecutor shall review the written notice to determine
20 whether the victim has asserted the right that may be at
21 issue.
22 (2) Victim's retained attorney. A victim's attorney
23 shall file an entry of appearance limited to assertion of
24 the victim's rights. Upon the filing of the entry of
25 appearance and service on the State's Attorney and the
26 defendant, the attorney is to receive copies of all

HB4498- 307 -LRB102 22839 RLC 31990 b
1 notices, motions and court orders filed thereafter in the
2 case.
3 (3) Standing. The victim has standing to assert the
4 rights enumerated in subsection (a) of Article I, Section
5 8.1 of the Illinois Constitution and the statutory rights
6 under Section 4 of this Act in any court exercising
7 jurisdiction over the criminal case. The prosecuting
8 attorney, a victim, or the victim's retained attorney may
9 assert the victim's rights. The defendant in the criminal
10 case has no standing to assert a right of the victim in any
11 court proceeding, including on appeal.
12 (4) Assertion of and enforcement of rights.
13 (A) The prosecuting attorney shall assert a
14 victim's right or request enforcement of a right by
15 filing a motion or by orally asserting the right or
16 requesting enforcement in open court in the criminal
17 case outside the presence of the jury. The prosecuting
18 attorney shall consult with the victim and the
19 victim's attorney regarding the assertion or
20 enforcement of a right. If the prosecuting attorney
21 decides not to assert or enforce a victim's right, the
22 prosecuting attorney shall notify the victim or the
23 victim's attorney in sufficient time to allow the
24 victim or the victim's attorney to assert the right or
25 to seek enforcement of a right.
26 (B) If the prosecuting attorney elects not to

HB4498- 308 -LRB102 22839 RLC 31990 b
1 assert a victim's right or to seek enforcement of a
2 right, the victim or the victim's attorney may assert
3 the victim's right or request enforcement of a right
4 by filing a motion or by orally asserting the right or
5 requesting enforcement in open court in the criminal
6 case outside the presence of the jury.
7 (C) If the prosecuting attorney asserts a victim's
8 right or seeks enforcement of a right, and the court
9 denies the assertion of the right or denies the
10 request for enforcement of a right, the victim or
11 victim's attorney may file a motion to assert the
12 victim's right or to request enforcement of the right
13 within 10 days of the court's ruling. The motion need
14 not demonstrate the grounds for a motion for
15 reconsideration. The court shall rule on the merits of
16 the motion.
17 (D) The court shall take up and decide any motion
18 or request asserting or seeking enforcement of a
19 victim's right without delay, unless a specific time
20 period is specified by law or court rule. The reasons
21 for any decision denying the motion or request shall
22 be clearly stated on the record.
23 (5) Violation of rights and remedies.
24 (A) If the court determines that a victim's right
25 has been violated, the court shall determine the
26 appropriate remedy for the violation of the victim's

HB4498- 309 -LRB102 22839 RLC 31990 b
1 right by hearing from the victim and the parties,
2 considering all factors relevant to the issue, and
3 then awarding appropriate relief to the victim.
4 (A-5) Consideration of an issue of a substantive
5 nature or an issue that implicates the constitutional
6 or statutory right of a victim at a court proceeding
7 labeled as a status hearing shall constitute a per se
8 violation of a victim's right.
9 (B) The appropriate remedy shall include only
10 actions necessary to provide the victim the right to
11 which the victim was entitled and may include
12 reopening previously held proceedings; however, in no
13 event shall the court vacate a conviction. Any remedy
14 shall be tailored to provide the victim an appropriate
15 remedy without violating any constitutional right of
16 the defendant. In no event shall the appropriate
17 remedy be a new trial, damages, or costs.
18 (6) Right to be heard. Whenever a victim has the right
19 to be heard, the court shall allow the victim to exercise
20 the right in any reasonable manner the victim chooses.
21 (7) Right to attend trial. A party must file a written
22 motion to exclude a victim from trial at least 60 days
23 prior to the date set for trial. The motion must state with
24 specificity the reason exclusion is necessary to protect a
25 constitutional right of the party, and must contain an
26 offer of proof. The court shall rule on the motion within

HB4498- 310 -LRB102 22839 RLC 31990 b
1 30 days. If the motion is granted, the court shall set
2 forth on the record the facts that support its finding
3 that the victim's testimony will be materially affected if
4 the victim hears other testimony at trial.
5 (8) Right to have advocate and support person present
6 at court proceedings.
7 (A) A party who intends to call an advocate as a
8 witness at trial must seek permission of the court
9 before the subpoena is issued. The party must file a
10 written motion at least 90 days before trial that sets
11 forth specifically the issues on which the advocate's
12 testimony is sought and an offer of proof regarding
13 (i) the content of the anticipated testimony of the
14 advocate; and (ii) the relevance, admissibility, and
15 materiality of the anticipated testimony. The court
16 shall consider the motion and make findings within 30
17 days of the filing of the motion. If the court finds by
18 a preponderance of the evidence that: (i) the
19 anticipated testimony is not protected by an absolute
20 privilege; and (ii) the anticipated testimony contains
21 relevant, admissible, and material evidence that is
22 not available through other witnesses or evidence, the
23 court shall issue a subpoena requiring the advocate to
24 appear to testify at an in camera hearing. The
25 prosecuting attorney and the victim shall have 15 days
26 to seek appellate review before the advocate is

HB4498- 311 -LRB102 22839 RLC 31990 b
1 required to testify at an ex parte in camera
2 proceeding.
3 The prosecuting attorney, the victim, and the
4 advocate's attorney shall be allowed to be present at
5 the ex parte in camera proceeding. If, after
6 conducting the ex parte in camera hearing, the court
7 determines that due process requires any testimony
8 regarding confidential or privileged information or
9 communications, the court shall provide to the
10 prosecuting attorney, the victim, and the advocate's
11 attorney a written memorandum on the substance of the
12 advocate's testimony. The prosecuting attorney, the
13 victim, and the advocate's attorney shall have 15 days
14 to seek appellate review before a subpoena may be
15 issued for the advocate to testify at trial. The
16 presence of the prosecuting attorney at the ex parte
17 in camera proceeding does not make the substance of
18 the advocate's testimony that the court has ruled
19 inadmissible subject to discovery.
20 (B) If a victim has asserted the right to have a
21 support person present at the court proceedings, the
22 victim shall provide the name of the person the victim
23 has chosen to be the victim's support person to the
24 prosecuting attorney, within 60 days of trial. The
25 prosecuting attorney shall provide the name to the
26 defendant. If the defendant intends to call the

HB4498- 312 -LRB102 22839 RLC 31990 b
1 support person as a witness at trial, the defendant
2 must seek permission of the court before a subpoena is
3 issued. The defendant must file a written motion at
4 least 45 days prior to trial that sets forth
5 specifically the issues on which the support person
6 will testify and an offer of proof regarding: (i) the
7 content of the anticipated testimony of the support
8 person; and (ii) the relevance, admissibility, and
9 materiality of the anticipated testimony.
10 If the prosecuting attorney intends to call the
11 support person as a witness during the State's
12 case-in-chief, the prosecuting attorney shall inform
13 the court of this intent in the response to the
14 defendant's written motion. The victim may choose a
15 different person to be the victim's support person.
16 The court may allow the defendant to inquire about
17 matters outside the scope of the direct examination
18 during cross-examination. If the court allows the
19 defendant to do so, the support person shall be
20 allowed to remain in the courtroom after the support
21 person has testified. A defendant who fails to
22 question the support person about matters outside the
23 scope of direct examination during the State's
24 case-in-chief waives the right to challenge the
25 presence of the support person on appeal. The court
26 shall allow the support person to testify if called as

HB4498- 313 -LRB102 22839 RLC 31990 b
1 a witness in the defendant's case-in-chief or the
2 State's rebuttal.
3 If the court does not allow the defendant to
4 inquire about matters outside the scope of the direct
5 examination, the support person shall be allowed to
6 remain in the courtroom after the support person has
7 been called by the defendant or the defendant has
8 rested. The court shall allow the support person to
9 testify in the State's rebuttal.
10 If the prosecuting attorney does not intend to
11 call the support person in the State's case-in-chief,
12 the court shall verify with the support person whether
13 the support person, if called as a witness, would
14 testify as set forth in the offer of proof. If the
15 court finds that the support person would testify as
16 set forth in the offer of proof, the court shall rule
17 on the relevance, materiality, and admissibility of
18 the anticipated testimony. If the court rules the
19 anticipated testimony is admissible, the court shall
20 issue the subpoena. The support person may remain in
21 the courtroom after the support person testifies and
22 shall be allowed to testify in rebuttal.
23 If the court excludes the victim's support person
24 during the State's case-in-chief, the victim shall be
25 allowed to choose another support person to be present
26 in court.

HB4498- 314 -LRB102 22839 RLC 31990 b
1 If the victim fails to designate a support person
2 within 60 days of trial and the defendant has
3 subpoenaed the support person to testify at trial, the
4 court may exclude the support person from the trial
5 until the support person testifies. If the court
6 excludes the support person the victim may choose
7 another person as a support person.
8 (9) Right to notice and hearing before disclosure of
9 confidential or privileged information or records. A
10 defendant who seeks to subpoena records of or concerning
11 the victim that are confidential or privileged by law must
12 seek permission of the court before the subpoena is
13 issued. The defendant must file a written motion and an
14 offer of proof regarding the relevance, admissibility and
15 materiality of the records. If the court finds by a
16 preponderance of the evidence that: (A) the records are
17 not protected by an absolute privilege and (B) the records
18 contain relevant, admissible, and material evidence that
19 is not available through other witnesses or evidence, the
20 court shall issue a subpoena requiring a sealed copy of
21 the records be delivered to the court to be reviewed in
22 camera. If, after conducting an in camera review of the
23 records, the court determines that due process requires
24 disclosure of any portion of the records, the court shall
25 provide copies of what it intends to disclose to the
26 prosecuting attorney and the victim. The prosecuting

HB4498- 315 -LRB102 22839 RLC 31990 b
1 attorney and the victim shall have 30 days to seek
2 appellate review before the records are disclosed to the
3 defendant. The disclosure of copies of any portion of the
4 records to the prosecuting attorney does not make the
5 records subject to discovery.
6 (10) Right to notice of court proceedings. If the
7 victim is not present at a court proceeding in which a
8 right of the victim is at issue, the court shall ask the
9 prosecuting attorney whether the victim was notified of
10 the time, place, and purpose of the court proceeding and
11 that the victim had a right to be heard at the court
12 proceeding. If the court determines that timely notice was
13 not given or that the victim was not adequately informed
14 of the nature of the court proceeding, the court shall not
15 rule on any substantive issues, accept a plea, or impose a
16 sentence and shall continue the hearing for the time
17 necessary to notify the victim of the time, place and
18 nature of the court proceeding. The time between court
19 proceedings shall not be attributable to the State under
20 Section 103-5 of the Code of Criminal Procedure of 1963.
21 (11) Right to timely disposition of the case. A victim
22 has the right to timely disposition of the case so as to
23 minimize the stress, cost, and inconvenience resulting
24 from the victim's involvement in the case. Before ruling
25 on a motion to continue trial or other court proceeding,
26 the court shall inquire into the circumstances for the

HB4498- 316 -LRB102 22839 RLC 31990 b
1 request for the delay and, if the victim has provided
2 written notice of the assertion of the right to a timely
3 disposition, and whether the victim objects to the delay.
4 If the victim objects, the prosecutor shall inform the
5 court of the victim's objections. If the prosecutor has
6 not conferred with the victim about the continuance, the
7 prosecutor shall inform the court of the attempts to
8 confer. If the court finds the attempts of the prosecutor
9 to confer with the victim were inadequate to protect the
10 victim's right to be heard, the court shall give the
11 prosecutor at least 3 but not more than 5 business days to
12 confer with the victim. In ruling on a motion to continue,
13 the court shall consider the reasons for the requested
14 continuance, the number and length of continuances that
15 have been granted, the victim's objections and procedures
16 to avoid further delays. If a continuance is granted over
17 the victim's objection, the court shall specify on the
18 record the reasons for the continuance and the procedures
19 that have been or will be taken to avoid further delays.
20 (12) Right to Restitution.
21 (A) If the victim has asserted the right to
22 restitution and the amount of restitution is known at
23 the time of sentencing, the court shall enter the
24 judgment of restitution at the time of sentencing.
25 (B) If the victim has asserted the right to
26 restitution and the amount of restitution is not known

HB4498- 317 -LRB102 22839 RLC 31990 b
1 at the time of sentencing, the prosecutor shall,
2 within 5 days after sentencing, notify the victim what
3 information and documentation related to restitution
4 is needed and that the information and documentation
5 must be provided to the prosecutor within 45 days
6 after sentencing. Failure to timely provide
7 information and documentation related to restitution
8 shall be deemed a waiver of the right to restitution.
9 The prosecutor shall file and serve within 60 days
10 after sentencing a proposed judgment for restitution
11 and a notice that includes information concerning the
12 identity of any victims or other persons seeking
13 restitution, whether any victim or other person
14 expressly declines restitution, the nature and amount
15 of any damages together with any supporting
16 documentation, a restitution amount recommendation,
17 and the names of any co-defendants and their case
18 numbers. Within 30 days after receipt of the proposed
19 judgment for restitution, the defendant shall file any
20 objection to the proposed judgment, a statement of
21 grounds for the objection, and a financial statement.
22 If the defendant does not file an objection, the court
23 may enter the judgment for restitution without further
24 proceedings. If the defendant files an objection and
25 either party requests a hearing, the court shall
26 schedule a hearing.

HB4498- 318 -LRB102 22839 RLC 31990 b
1 (13) Access to presentence reports.
2 (A) The victim may request a copy of the
3 presentence report prepared under the Unified Code of
4 Corrections from the State's Attorney. The State's
5 Attorney shall redact the following information before
6 providing a copy of the report:
7 (i) the defendant's mental history and
8 condition;
9 (ii) any evaluation prepared under subsection
10 (b) or (b-5) of Section 5-3-2; and
11 (iii) the name, address, phone number, and
12 other personal information about any other victim.
13 (B) The State's Attorney or the defendant may
14 request the court redact other information in the
15 report that may endanger the safety of any person.
16 (C) The State's Attorney may orally disclose to
17 the victim any of the information that has been
18 redacted if there is a reasonable likelihood that the
19 information will be stated in court at the sentencing.
20 (D) The State's Attorney must advise the victim
21 that the victim must maintain the confidentiality of
22 the report and other information. Any dissemination of
23 the report or information that was not stated at a
24 court proceeding constitutes indirect criminal
25 contempt of court.
26 (14) Appellate relief. If the trial court denies the

HB4498- 319 -LRB102 22839 RLC 31990 b
1 relief requested, the victim, the victim's attorney, or
2 the prosecuting attorney may file an appeal within 30 days
3 of the trial court's ruling. The trial or appellate court
4 may stay the court proceedings if the court finds that a
5 stay would not violate a constitutional right of the
6 defendant. If the appellate court denies the relief
7 sought, the reasons for the denial shall be clearly stated
8 in a written opinion. In any appeal in a criminal case, the
9 State may assert as error the court's denial of any crime
10 victim's right in the proceeding to which the appeal
11 relates.
12 (15) Limitation on appellate relief. In no case shall
13 an appellate court provide a new trial to remedy the
14 violation of a victim's right.
15 (16) The right to be reasonably protected from the
16 accused throughout the criminal justice process and the
17 right to have the safety of the victim and the victim's
18 family considered in denying or fixing the amount of bail,
19 determining whether to release the defendant, and setting
20 conditions of release after arrest and conviction. A
21 victim of domestic violence, a sexual offense, or stalking
22 may request the entry of a protective order under Article
23 112A of the Code of Criminal Procedure of 1963.
24 (d) Procedures after the imposition of sentence.
25 (1) The Prisoner Review Board shall inform a victim or
26 any other concerned citizen, upon written request, of the

HB4498- 320 -LRB102 22839 RLC 31990 b
1 prisoner's release on parole, mandatory supervised
2 release, electronic detention, work release, international
3 transfer or exchange, or by the custodian, other than the
4 Department of Juvenile Justice, of the discharge of any
5 individual who was adjudicated a delinquent for a crime
6 from State custody and by the sheriff of the appropriate
7 county of any such person's final discharge from county
8 custody. The Prisoner Review Board, upon written request,
9 shall provide to a victim or any other concerned citizen a
10 recent photograph of any person convicted of a felony,
11 upon his or her release from custody. The Prisoner Review
12 Board, upon written request, shall inform a victim or any
13 other concerned citizen when feasible at least 7 days
14 prior to the prisoner's release on furlough of the times
15 and dates of such furlough. Upon written request by the
16 victim or any other concerned citizen, the State's
17 Attorney shall notify the person once of the times and
18 dates of release of a prisoner sentenced to periodic
19 imprisonment. Notification shall be based on the most
20 recent information as to victim's or other concerned
21 citizen's residence or other location available to the
22 notifying authority.
23 (2) When the defendant has been committed to the
24 Department of Human Services pursuant to Section 5-2-4 or
25 any other provision of the Unified Code of Corrections,
26 the victim may request to be notified by the releasing

HB4498- 321 -LRB102 22839 RLC 31990 b
1 authority of the approval by the court of an on-grounds
2 pass, a supervised off-grounds pass, an unsupervised
3 off-grounds pass, or conditional release; the release on
4 an off-grounds pass; the return from an off-grounds pass;
5 transfer to another facility; conditional release; escape;
6 death; or final discharge from State custody. The
7 Department of Human Services shall establish and maintain
8 a statewide telephone number to be used by victims to make
9 notification requests under these provisions and shall
10 publicize this telephone number on its website and to the
11 State's Attorney of each county.
12 (3) In the event of an escape from State custody, the
13 Department of Corrections or the Department of Juvenile
14 Justice immediately shall notify the Prisoner Review Board
15 of the escape and the Prisoner Review Board shall notify
16 the victim. The notification shall be based upon the most
17 recent information as to the victim's residence or other
18 location available to the Board. When no such information
19 is available, the Board shall make all reasonable efforts
20 to obtain the information and make the notification. When
21 the escapee is apprehended, the Department of Corrections
22 or the Department of Juvenile Justice immediately shall
23 notify the Prisoner Review Board and the Board shall
24 notify the victim.
25 (4) The victim of the crime for which the prisoner has
26 been sentenced has the right to register with the Prisoner

HB4498- 322 -LRB102 22839 RLC 31990 b
1 Review Board's victim registry. Victims registered with
2 the Board shall receive reasonable written notice not less
3 than 30 days prior to the parole hearing or target
4 aftercare release date. The victim has the right to submit
5 a victim statement for consideration by the Prisoner
6 Review Board or the Department of Juvenile Justice in
7 writing, on film, videotape, or other electronic means, or
8 in the form of a recording prior to the parole hearing or
9 target aftercare release date, or in person at the parole
10 hearing or aftercare release protest hearing, or by
11 calling the toll-free number established in subsection (f)
12 of this Section. The victim shall be notified within 7
13 days after the prisoner has been granted parole or
14 aftercare release and shall be informed of the right to
15 inspect the registry of parole decisions, established
16 under subsection (g) of Section 3-3-5 of the Unified Code
17 of Corrections. The provisions of this paragraph (4) are
18 subject to the Open Parole Hearings Act. Victim statements
19 provided to the Board shall be confidential and
20 privileged, including any statements received prior to
21 January 1, 2020 (the effective date of Public Act
22 101-288), except if the statement was an oral statement
23 made by the victim at a hearing open to the public.
24 (4-1) The crime victim has the right to submit a
25 victim statement for consideration by the Prisoner Review
26 Board or the Department of Juvenile Justice prior to or at

HB4498- 323 -LRB102 22839 RLC 31990 b
1 a hearing to determine the conditions of mandatory
2 supervised release of a person sentenced to a determinate
3 sentence or at a hearing on revocation of mandatory
4 supervised release of a person sentenced to a determinate
5 sentence. A victim statement may be submitted in writing,
6 on film, videotape, or other electronic means, or in the
7 form of a recording, or orally at a hearing, or by calling
8 the toll-free number established in subsection (f) of this
9 Section. Victim statements provided to the Board shall be
10 confidential and privileged, including any statements
11 received prior to January 1, 2020 (the effective date of
12 Public Act 101-288), except if the statement was an oral
13 statement made by the victim at a hearing open to the
14 public.
15 (4-2) The crime victim has the right to submit a
16 victim statement to the Prisoner Review Board for
17 consideration at an executive clemency hearing as provided
18 in Section 3-3-13 of the Unified Code of Corrections. A
19 victim statement may be submitted in writing, on film,
20 videotape, or other electronic means, or in the form of a
21 recording prior to a hearing, or orally at a hearing, or by
22 calling the toll-free number established in subsection (f)
23 of this Section. Victim statements provided to the Board
24 shall be confidential and privileged, including any
25 statements received prior to January 1, 2020 (the
26 effective date of Public Act 101-288), except if the

HB4498- 324 -LRB102 22839 RLC 31990 b
1 statement was an oral statement made by the victim at a
2 hearing open to the public.
3 (5) If a statement is presented under Section 6, the
4 Prisoner Review Board or Department of Juvenile Justice
5 shall inform the victim of any order of discharge pursuant
6 to Section 3-2.5-85 or 3-3-8 of the Unified Code of
7 Corrections.
8 (6) At the written or oral request of the victim of the
9 crime for which the prisoner was sentenced or the State's
10 Attorney of the county where the person seeking parole or
11 aftercare release was prosecuted, the Prisoner Review
12 Board or Department of Juvenile Justice shall notify the
13 victim and the State's Attorney of the county where the
14 person seeking parole or aftercare release was prosecuted
15 of the death of the prisoner if the prisoner died while on
16 parole or aftercare release or mandatory supervised
17 release.
18 (7) When a defendant who has been committed to the
19 Department of Corrections, the Department of Juvenile
20 Justice, or the Department of Human Services is released
21 or discharged and subsequently committed to the Department
22 of Human Services as a sexually violent person and the
23 victim had requested to be notified by the releasing
24 authority of the defendant's discharge, conditional
25 release, death, or escape from State custody, the
26 releasing authority shall provide to the Department of

HB4498- 325 -LRB102 22839 RLC 31990 b
1 Human Services such information that would allow the
2 Department of Human Services to contact the victim.
3 (8) When a defendant has been convicted of a sex
4 offense as defined in Section 2 of the Sex Offender
5 Registration Act and has been sentenced to the Department
6 of Corrections or the Department of Juvenile Justice, the
7 Prisoner Review Board or the Department of Juvenile
8 Justice shall notify the victim of the sex offense of the
9 prisoner's eligibility for release on parole, aftercare
10 release, mandatory supervised release, electronic
11 detention, work release, international transfer or
12 exchange, or by the custodian of the discharge of any
13 individual who was adjudicated a delinquent for a sex
14 offense from State custody and by the sheriff of the
15 appropriate county of any such person's final discharge
16 from county custody. The notification shall be made to the
17 victim at least 30 days, whenever possible, before release
18 of the sex offender.
19 (e) The officials named in this Section may satisfy some
20or all of their obligations to provide notices and other
21information through participation in a statewide victim and
22witness notification system established by the Attorney
23General under Section 8.5 of this Act.
24 (f) The Prisoner Review Board shall establish a toll-free
25number that may be accessed by the crime victim to present a
26victim statement to the Board in accordance with paragraphs

HB4498- 326 -LRB102 22839 RLC 31990 b
1(4), (4-1), and (4-2) of subsection (d).
2(Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;
3102-22, eff. 6-25-21; 102-558, eff. 8-20-21.)
4 (Text of Section after amendment by P.A. 101-652)
5 Sec. 4.5. Procedures to implement the rights of crime
6victims. To afford crime victims their rights, law
7enforcement, prosecutors, judges, and corrections will provide
8information, as appropriate, of the following procedures:
9 (a) At the request of the crime victim, law enforcement
10authorities investigating the case shall provide notice of the
11status of the investigation, except where the State's Attorney
12determines that disclosure of such information would
13unreasonably interfere with the investigation, until such time
14as the alleged assailant is apprehended or the investigation
15is closed.
16 (a-5) When law enforcement authorities reopen a closed
17case to resume investigating, they shall provide notice of the
18reopening of the case, except where the State's Attorney
19determines that disclosure of such information would
20unreasonably interfere with the investigation.
21 (b) The office of the State's Attorney:
22 (1) shall provide notice of the filing of an
23 information, the return of an indictment, or the filing of
24 a petition to adjudicate a minor as a delinquent for a
25 violent crime;

HB4498- 327 -LRB102 22839 RLC 31990 b
1 (2) shall provide timely notice of the date, time, and
2 place of court proceedings; of any change in the date,
3 time, and place of court proceedings; and of any
4 cancellation of court proceedings. Notice shall be
5 provided in sufficient time, wherever possible, for the
6 victim to make arrangements to attend or to prevent an
7 unnecessary appearance at court proceedings;
8 (3) or victim advocate personnel shall provide
9 information of social services and financial assistance
10 available for victims of crime, including information of
11 how to apply for these services and assistance;
12 (3.5) or victim advocate personnel shall provide
13 information about available victim services, including
14 referrals to programs, counselors, and agencies that
15 assist a victim to deal with trauma, loss, and grief;
16 (4) shall assist in having any stolen or other
17 personal property held by law enforcement authorities for
18 evidentiary or other purposes returned as expeditiously as
19 possible, pursuant to the procedures set out in Section
20 115-9 of the Code of Criminal Procedure of 1963;
21 (5) or victim advocate personnel shall provide
22 appropriate employer intercession services to ensure that
23 employers of victims will cooperate with the criminal
24 justice system in order to minimize an employee's loss of
25 pay and other benefits resulting from court appearances;
26 (6) shall provide, whenever possible, a secure waiting

HB4498- 328 -LRB102 22839 RLC 31990 b
1 area during court proceedings that does not require
2 victims to be in close proximity to defendants or
3 juveniles accused of a violent crime, and their families
4 and friends;
5 (7) shall provide notice to the crime victim of the
6 right to have a translator present at all court
7 proceedings and, in compliance with the federal Americans
8 with Disabilities Act of 1990, the right to communications
9 access through a sign language interpreter or by other
10 means;
11 (8) (blank);
12 (8.5) shall inform the victim of the right to be
13 present at all court proceedings, unless the victim is to
14 testify and the court determines that the victim's
15 testimony would be materially affected if the victim hears
16 other testimony at trial;
17 (9) shall inform the victim of the right to have
18 present at all court proceedings, subject to the rules of
19 evidence and confidentiality, an advocate and other
20 support person of the victim's choice;
21 (9.3) shall inform the victim of the right to retain
22 an attorney, at the victim's own expense, who, upon
23 written notice filed with the clerk of the court and
24 State's Attorney, is to receive copies of all notices,
25 motions, and court orders filed thereafter in the case, in
26 the same manner as if the victim were a named party in the

HB4498- 329 -LRB102 22839 RLC 31990 b
1 case;
2 (9.5) shall inform the victim of (A) the victim's
3 right under Section 6 of this Act to make a statement at
4 the sentencing hearing; (B) the right of the victim's
5 spouse, guardian, parent, grandparent, and other immediate
6 family and household members under Section 6 of this Act
7 to present a statement at sentencing; and (C) if a
8 presentence report is to be prepared, the right of the
9 victim's spouse, guardian, parent, grandparent, and other
10 immediate family and household members to submit
11 information to the preparer of the presentence report
12 about the effect the offense has had on the victim and the
13 person;
14 (10) at the sentencing shall make a good faith attempt
15 to explain the minimum amount of time during which the
16 defendant may actually be physically imprisoned. The
17 Office of the State's Attorney shall further notify the
18 crime victim of the right to request from the Prisoner
19 Review Board or Department of Juvenile Justice information
20 concerning the release of the defendant;
21 (11) shall request restitution at sentencing and as
22 part of a plea agreement if the victim requests
23 restitution;
24 (12) shall, upon the court entering a verdict of not
25 guilty by reason of insanity, inform the victim of the
26 notification services available from the Department of

HB4498- 330 -LRB102 22839 RLC 31990 b
1 Human Services, including the statewide telephone number,
2 under subparagraph (d)(2) of this Section;
3 (13) shall provide notice within a reasonable time
4 after receipt of notice from the custodian, of the release
5 of the defendant on pretrial release bail or personal
6 recognizance or the release from detention of a minor who
7 has been detained;
8 (14) shall explain in nontechnical language the
9 details of any plea or verdict of a defendant, or any
10 adjudication of a juvenile as a delinquent;
11 (15) shall make all reasonable efforts to consult with
12 the crime victim before the Office of the State's Attorney
13 makes an offer of a plea bargain to the defendant or enters
14 into negotiations with the defendant concerning a possible
15 plea agreement, and shall consider the written statement,
16 if prepared prior to entering into a plea agreement. The
17 right to consult with the prosecutor does not include the
18 right to veto a plea agreement or to insist the case go to
19 trial. If the State's Attorney has not consulted with the
20 victim prior to making an offer or entering into plea
21 negotiations with the defendant, the Office of the State's
22 Attorney shall notify the victim of the offer or the
23 negotiations within 2 business days and confer with the
24 victim;
25 (16) shall provide notice of the ultimate disposition
26 of the cases arising from an indictment or an information,

HB4498- 331 -LRB102 22839 RLC 31990 b
1 or a petition to have a juvenile adjudicated as a
2 delinquent for a violent crime;
3 (17) shall provide notice of any appeal taken by the
4 defendant and information on how to contact the
5 appropriate agency handling the appeal, and how to request
6 notice of any hearing, oral argument, or decision of an
7 appellate court;
8 (18) shall provide timely notice of any request for
9 post-conviction review filed by the defendant under
10 Article 122 of the Code of Criminal Procedure of 1963, and
11 of the date, time and place of any hearing concerning the
12 petition. Whenever possible, notice of the hearing shall
13 be given within 48 hours of the court's scheduling of the
14 hearing;
15 (19) shall forward a copy of any statement presented
16 under Section 6 to the Prisoner Review Board or Department
17 of Juvenile Justice to be considered in making a
18 determination under Section 3-2.5-85 or subsection (b) of
19 Section 3-3-8 of the Unified Code of Corrections;
20 (20) shall, within a reasonable time, offer to meet
21 with the crime victim regarding the decision of the
22 State's Attorney not to charge an offense, and shall meet
23 with the victim, if the victim agrees. The victim has a
24 right to have an attorney, advocate, and other support
25 person of the victim's choice attend this meeting with the
26 victim; and

HB4498- 332 -LRB102 22839 RLC 31990 b
1 (21) shall give the crime victim timely notice of any
2 decision not to pursue charges and consider the safety of
3 the victim when deciding how to give such notice.
4 (c) The court shall ensure that the rights of the victim
5are afforded.
6 (c-5) The following procedures shall be followed to afford
7victims the rights guaranteed by Article I, Section 8.1 of the
8Illinois Constitution:
9 (1) Written notice. A victim may complete a written
10 notice of intent to assert rights on a form prepared by the
11 Office of the Attorney General and provided to the victim
12 by the State's Attorney. The victim may at any time
13 provide a revised written notice to the State's Attorney.
14 The State's Attorney shall file the written notice with
15 the court. At the beginning of any court proceeding in
16 which the right of a victim may be at issue, the court and
17 prosecutor shall review the written notice to determine
18 whether the victim has asserted the right that may be at
19 issue.
20 (2) Victim's retained attorney. A victim's attorney
21 shall file an entry of appearance limited to assertion of
22 the victim's rights. Upon the filing of the entry of
23 appearance and service on the State's Attorney and the
24 defendant, the attorney is to receive copies of all
25 notices, motions and court orders filed thereafter in the
26 case.

HB4498- 333 -LRB102 22839 RLC 31990 b
1 (3) Standing. The victim has standing to assert the
2 rights enumerated in subsection (a) of Article I, Section
3 8.1 of the Illinois Constitution and the statutory rights
4 under Section 4 of this Act in any court exercising
5 jurisdiction over the criminal case. The prosecuting
6 attorney, a victim, or the victim's retained attorney may
7 assert the victim's rights. The defendant in the criminal
8 case has no standing to assert a right of the victim in any
9 court proceeding, including on appeal.
10 (4) Assertion of and enforcement of rights.
11 (A) The prosecuting attorney shall assert a
12 victim's right or request enforcement of a right by
13 filing a motion or by orally asserting the right or
14 requesting enforcement in open court in the criminal
15 case outside the presence of the jury. The prosecuting
16 attorney shall consult with the victim and the
17 victim's attorney regarding the assertion or
18 enforcement of a right. If the prosecuting attorney
19 decides not to assert or enforce a victim's right, the
20 prosecuting attorney shall notify the victim or the
21 victim's attorney in sufficient time to allow the
22 victim or the victim's attorney to assert the right or
23 to seek enforcement of a right.
24 (B) If the prosecuting attorney elects not to
25 assert a victim's right or to seek enforcement of a
26 right, the victim or the victim's attorney may assert

HB4498- 334 -LRB102 22839 RLC 31990 b
1 the victim's right or request enforcement of a right
2 by filing a motion or by orally asserting the right or
3 requesting enforcement in open court in the criminal
4 case outside the presence of the jury.
5 (C) If the prosecuting attorney asserts a victim's
6 right or seeks enforcement of a right, unless the
7 prosecuting attorney objects or the trial court does
8 not allow it, the victim or the victim's attorney may
9 be heard regarding the prosecuting attorney's motion
10 or may file a simultaneous motion to assert or request
11 enforcement of the victim's right. If the victim or
12 the victim's attorney was not allowed to be heard at
13 the hearing regarding the prosecuting attorney's
14 motion, and the court denies the prosecuting
15 attorney's assertion of the right or denies the
16 request for enforcement of a right, the victim or
17 victim's attorney may file a motion to assert the
18 victim's right or to request enforcement of the right
19 within 10 days of the court's ruling. The motion need
20 not demonstrate the grounds for a motion for
21 reconsideration. The court shall rule on the merits of
22 the motion.
23 (D) The court shall take up and decide any motion
24 or request asserting or seeking enforcement of a
25 victim's right without delay, unless a specific time
26 period is specified by law or court rule. The reasons

HB4498- 335 -LRB102 22839 RLC 31990 b
1 for any decision denying the motion or request shall
2 be clearly stated on the record.
3 (E) No later than January 1, 2023, the Office of
4 the Attorney General shall:
5 (i) designate an administrative authority
6 within the Office of the Attorney General to
7 receive and investigate complaints relating to the
8 provision or violation of the rights of a crime
9 victim as described in Article I, Section 8.1 of
10 the Illinois Constitution and in this Act;
11 (ii) create and administer a course of
12 training for employees and offices of the State of
13 Illinois that fail to comply with provisions of
14 Illinois law pertaining to the treatment of crime
15 victims as described in Article I, Section 8.1 of
16 the Illinois Constitution and in this Act as
17 required by the court under Section 5 of this Act;
18 and
19 (iii) have the authority to make
20 recommendations to employees and offices of the
21 State of Illinois to respond more effectively to
22 the needs of crime victims, including regarding
23 the violation of the rights of a crime victim.
24 (F) Crime victims' rights may also be asserted by
25 filing a complaint for mandamus, injunctive, or
26 declaratory relief in the jurisdiction in which the

HB4498- 336 -LRB102 22839 RLC 31990 b
1 victim's right is being violated or where the crime is
2 being prosecuted. For complaints or motions filed by
3 or on behalf of the victim, the clerk of court shall
4 waive filing fees that would otherwise be owed by the
5 victim for any court filing with the purpose of
6 enforcing crime victims' rights. If the court denies
7 the relief sought by the victim, the reasons for the
8 denial shall be clearly stated on the record in the
9 transcript of the proceedings, in a written opinion,
10 or in the docket entry, and the victim may appeal the
11 circuit court's decision to the appellate court. The
12 court shall issue prompt rulings regarding victims'
13 rights. Proceedings seeking to enforce victims' rights
14 shall not be stayed or subject to unreasonable delay
15 via continuances.
16 (5) Violation of rights and remedies.
17 (A) If the court determines that a victim's right
18 has been violated, the court shall determine the
19 appropriate remedy for the violation of the victim's
20 right by hearing from the victim and the parties,
21 considering all factors relevant to the issue, and
22 then awarding appropriate relief to the victim.
23 (A-5) Consideration of an issue of a substantive
24 nature or an issue that implicates the constitutional
25 or statutory right of a victim at a court proceeding
26 labeled as a status hearing shall constitute a per se

HB4498- 337 -LRB102 22839 RLC 31990 b
1 violation of a victim's right.
2 (B) The appropriate remedy shall include only
3 actions necessary to provide the victim the right to
4 which the victim was entitled. Remedies may include,
5 but are not limited to: injunctive relief requiring
6 the victim's right to be afforded; declaratory
7 judgment recognizing or clarifying the victim's
8 rights; a writ of mandamus; and may include reopening
9 previously held proceedings; however, in no event
10 shall the court vacate a conviction. Any remedy shall
11 be tailored to provide the victim an appropriate
12 remedy without violating any constitutional right of
13 the defendant. In no event shall the appropriate
14 remedy to the victim be a new trial or damages.
15 The court shall impose a mandatory training course
16 provided by the Attorney General for the employee under
17 item (ii) of subparagraph (E) of paragraph (4), which must
18 be successfully completed within 6 months of the entry of
19 the court order.
20 This paragraph (5) takes effect January 2, 2023.
21 (6) Right to be heard. Whenever a victim has the right
22 to be heard, the court shall allow the victim to exercise
23 the right in any reasonable manner the victim chooses.
24 (7) Right to attend trial. A party must file a written
25 motion to exclude a victim from trial at least 60 days
26 prior to the date set for trial. The motion must state with

HB4498- 338 -LRB102 22839 RLC 31990 b
1 specificity the reason exclusion is necessary to protect a
2 constitutional right of the party, and must contain an
3 offer of proof. The court shall rule on the motion within
4 30 days. If the motion is granted, the court shall set
5 forth on the record the facts that support its finding
6 that the victim's testimony will be materially affected if
7 the victim hears other testimony at trial.
8 (8) Right to have advocate and support person present
9 at court proceedings.
10 (A) A party who intends to call an advocate as a
11 witness at trial must seek permission of the court
12 before the subpoena is issued. The party must file a
13 written motion at least 90 days before trial that sets
14 forth specifically the issues on which the advocate's
15 testimony is sought and an offer of proof regarding
16 (i) the content of the anticipated testimony of the
17 advocate; and (ii) the relevance, admissibility, and
18 materiality of the anticipated testimony. The court
19 shall consider the motion and make findings within 30
20 days of the filing of the motion. If the court finds by
21 a preponderance of the evidence that: (i) the
22 anticipated testimony is not protected by an absolute
23 privilege; and (ii) the anticipated testimony contains
24 relevant, admissible, and material evidence that is
25 not available through other witnesses or evidence, the
26 court shall issue a subpoena requiring the advocate to

HB4498- 339 -LRB102 22839 RLC 31990 b
1 appear to testify at an in camera hearing. The
2 prosecuting attorney and the victim shall have 15 days
3 to seek appellate review before the advocate is
4 required to testify at an ex parte in camera
5 proceeding.
6 The prosecuting attorney, the victim, and the
7 advocate's attorney shall be allowed to be present at
8 the ex parte in camera proceeding. If, after
9 conducting the ex parte in camera hearing, the court
10 determines that due process requires any testimony
11 regarding confidential or privileged information or
12 communications, the court shall provide to the
13 prosecuting attorney, the victim, and the advocate's
14 attorney a written memorandum on the substance of the
15 advocate's testimony. The prosecuting attorney, the
16 victim, and the advocate's attorney shall have 15 days
17 to seek appellate review before a subpoena may be
18 issued for the advocate to testify at trial. The
19 presence of the prosecuting attorney at the ex parte
20 in camera proceeding does not make the substance of
21 the advocate's testimony that the court has ruled
22 inadmissible subject to discovery.
23 (B) If a victim has asserted the right to have a
24 support person present at the court proceedings, the
25 victim shall provide the name of the person the victim
26 has chosen to be the victim's support person to the

HB4498- 340 -LRB102 22839 RLC 31990 b
1 prosecuting attorney, within 60 days of trial. The
2 prosecuting attorney shall provide the name to the
3 defendant. If the defendant intends to call the
4 support person as a witness at trial, the defendant
5 must seek permission of the court before a subpoena is
6 issued. The defendant must file a written motion at
7 least 45 days prior to trial that sets forth
8 specifically the issues on which the support person
9 will testify and an offer of proof regarding: (i) the
10 content of the anticipated testimony of the support
11 person; and (ii) the relevance, admissibility, and
12 materiality of the anticipated testimony.
13 If the prosecuting attorney intends to call the
14 support person as a witness during the State's
15 case-in-chief, the prosecuting attorney shall inform
16 the court of this intent in the response to the
17 defendant's written motion. The victim may choose a
18 different person to be the victim's support person.
19 The court may allow the defendant to inquire about
20 matters outside the scope of the direct examination
21 during cross-examination. If the court allows the
22 defendant to do so, the support person shall be
23 allowed to remain in the courtroom after the support
24 person has testified. A defendant who fails to
25 question the support person about matters outside the
26 scope of direct examination during the State's

HB4498- 341 -LRB102 22839 RLC 31990 b
1 case-in-chief waives the right to challenge the
2 presence of the support person on appeal. The court
3 shall allow the support person to testify if called as
4 a witness in the defendant's case-in-chief or the
5 State's rebuttal.
6 If the court does not allow the defendant to
7 inquire about matters outside the scope of the direct
8 examination, the support person shall be allowed to
9 remain in the courtroom after the support person has
10 been called by the defendant or the defendant has
11 rested. The court shall allow the support person to
12 testify in the State's rebuttal.
13 If the prosecuting attorney does not intend to
14 call the support person in the State's case-in-chief,
15 the court shall verify with the support person whether
16 the support person, if called as a witness, would
17 testify as set forth in the offer of proof. If the
18 court finds that the support person would testify as
19 set forth in the offer of proof, the court shall rule
20 on the relevance, materiality, and admissibility of
21 the anticipated testimony. If the court rules the
22 anticipated testimony is admissible, the court shall
23 issue the subpoena. The support person may remain in
24 the courtroom after the support person testifies and
25 shall be allowed to testify in rebuttal.
26 If the court excludes the victim's support person

HB4498- 342 -LRB102 22839 RLC 31990 b
1 during the State's case-in-chief, the victim shall be
2 allowed to choose another support person to be present
3 in court.
4 If the victim fails to designate a support person
5 within 60 days of trial and the defendant has
6 subpoenaed the support person to testify at trial, the
7 court may exclude the support person from the trial
8 until the support person testifies. If the court
9 excludes the support person the victim may choose
10 another person as a support person.
11 (9) Right to notice and hearing before disclosure of
12 confidential or privileged information or records.
13 (A) A defendant who seeks to subpoena testimony or
14 records of or concerning the victim that are
15 confidential or privileged by law must seek permission
16 of the court before the subpoena is issued. The
17 defendant must file a written motion and an offer of
18 proof regarding the relevance, admissibility and
19 materiality of the testimony or records. If the court
20 finds by a preponderance of the evidence that:
21 (i) the testimony or records are not protected
22 by an absolute privilege and
23 (ii) the testimony or records contain
24 relevant, admissible, and material evidence that
25 is not available through other witnesses or
26 evidence, the court shall issue a subpoena

HB4498- 343 -LRB102 22839 RLC 31990 b
1 requiring the witness to appear in camera or a
2 sealed copy of the records be delivered to the
3 court to be reviewed in camera. If, after
4 conducting an in camera review of the witness
5 statement or records, the court determines that
6 due process requires disclosure of any potential
7 testimony or any portion of the records, the court
8 shall provide copies of the records that it
9 intends to disclose to the prosecuting attorney
10 and the victim. The prosecuting attorney and the
11 victim shall have 30 days to seek appellate review
12 before the records are disclosed to the defendant,
13 used in any court proceeding, or disclosed to
14 anyone or in any way that would subject the
15 testimony or records to public review. The
16 disclosure of copies of any portion of the
17 testimony or records to the prosecuting attorney
18 under this Section does not make the records
19 subject to discovery or required to be provided to
20 the defendant.
21 (B) A prosecuting attorney who seeks to subpoena
22 information or records concerning the victim that are
23 confidential or privileged by law must first request
24 the written consent of the crime victim. If the victim
25 does not provide such written consent, including where
26 necessary the appropriate signed document required for

HB4498- 344 -LRB102 22839 RLC 31990 b
1 waiving privilege, the prosecuting attorney must serve
2 the subpoena at least 21 days prior to the date a
3 response or appearance is required to allow the
4 subject of the subpoena time to file a motion to quash
5 or request a hearing. The prosecuting attorney must
6 also send a written notice to the victim at least 21
7 days prior to the response date to allow the victim to
8 file a motion or request a hearing. The notice to the
9 victim shall inform the victim (i) that a subpoena has
10 been issued for confidential information or records
11 concerning the victim, (ii) that the victim has the
12 right to request a hearing prior to the response date
13 of the subpoena, and (iii) how to request the hearing.
14 The notice to the victim shall also include a copy of
15 the subpoena. If requested, a hearing regarding the
16 subpoena shall occur before information or records are
17 provided to the prosecuting attorney.
18 (10) Right to notice of court proceedings. If the
19 victim is not present at a court proceeding in which a
20 right of the victim is at issue, the court shall ask the
21 prosecuting attorney whether the victim was notified of
22 the time, place, and purpose of the court proceeding and
23 that the victim had a right to be heard at the court
24 proceeding. If the court determines that timely notice was
25 not given or that the victim was not adequately informed
26 of the nature of the court proceeding, the court shall not

HB4498- 345 -LRB102 22839 RLC 31990 b
1 rule on any substantive issues, accept a plea, or impose a
2 sentence and shall continue the hearing for the time
3 necessary to notify the victim of the time, place and
4 nature of the court proceeding. The time between court
5 proceedings shall not be attributable to the State under
6 Section 103-5 of the Code of Criminal Procedure of 1963.
7 (11) Right to timely disposition of the case. A victim
8 has the right to timely disposition of the case so as to
9 minimize the stress, cost, and inconvenience resulting
10 from the victim's involvement in the case. Before ruling
11 on a motion to continue trial or other court proceeding,
12 the court shall inquire into the circumstances for the
13 request for the delay and, if the victim has provided
14 written notice of the assertion of the right to a timely
15 disposition, and whether the victim objects to the delay.
16 If the victim objects, the prosecutor shall inform the
17 court of the victim's objections. If the prosecutor has
18 not conferred with the victim about the continuance, the
19 prosecutor shall inform the court of the attempts to
20 confer. If the court finds the attempts of the prosecutor
21 to confer with the victim were inadequate to protect the
22 victim's right to be heard, the court shall give the
23 prosecutor at least 3 but not more than 5 business days to
24 confer with the victim. In ruling on a motion to continue,
25 the court shall consider the reasons for the requested
26 continuance, the number and length of continuances that

HB4498- 346 -LRB102 22839 RLC 31990 b
1 have been granted, the victim's objections and procedures
2 to avoid further delays. If a continuance is granted over
3 the victim's objection, the court shall specify on the
4 record the reasons for the continuance and the procedures
5 that have been or will be taken to avoid further delays.
6 (12) Right to Restitution.
7 (A) If the victim has asserted the right to
8 restitution and the amount of restitution is known at
9 the time of sentencing, the court shall enter the
10 judgment of restitution at the time of sentencing.
11 (B) If the victim has asserted the right to
12 restitution and the amount of restitution is not known
13 at the time of sentencing, the prosecutor shall,
14 within 5 days after sentencing, notify the victim what
15 information and documentation related to restitution
16 is needed and that the information and documentation
17 must be provided to the prosecutor within 45 days
18 after sentencing. Failure to timely provide
19 information and documentation related to restitution
20 shall be deemed a waiver of the right to restitution.
21 The prosecutor shall file and serve within 60 days
22 after sentencing a proposed judgment for restitution
23 and a notice that includes information concerning the
24 identity of any victims or other persons seeking
25 restitution, whether any victim or other person
26 expressly declines restitution, the nature and amount

HB4498- 347 -LRB102 22839 RLC 31990 b
1 of any damages together with any supporting
2 documentation, a restitution amount recommendation,
3 and the names of any co-defendants and their case
4 numbers. Within 30 days after receipt of the proposed
5 judgment for restitution, the defendant shall file any
6 objection to the proposed judgment, a statement of
7 grounds for the objection, and a financial statement.
8 If the defendant does not file an objection, the court
9 may enter the judgment for restitution without further
10 proceedings. If the defendant files an objection and
11 either party requests a hearing, the court shall
12 schedule a hearing.
13 (13) Access to presentence reports.
14 (A) The victim may request a copy of the
15 presentence report prepared under the Unified Code of
16 Corrections from the State's Attorney. The State's
17 Attorney shall redact the following information before
18 providing a copy of the report:
19 (i) the defendant's mental history and
20 condition;
21 (ii) any evaluation prepared under subsection
22 (b) or (b-5) of Section 5-3-2; and
23 (iii) the name, address, phone number, and
24 other personal information about any other victim.
25 (B) The State's Attorney or the defendant may
26 request the court redact other information in the

HB4498- 348 -LRB102 22839 RLC 31990 b
1 report that may endanger the safety of any person.
2 (C) The State's Attorney may orally disclose to
3 the victim any of the information that has been
4 redacted if there is a reasonable likelihood that the
5 information will be stated in court at the sentencing.
6 (D) The State's Attorney must advise the victim
7 that the victim must maintain the confidentiality of
8 the report and other information. Any dissemination of
9 the report or information that was not stated at a
10 court proceeding constitutes indirect criminal
11 contempt of court.
12 (14) Appellate relief. If the trial court denies the
13 relief requested, the victim, the victim's attorney, or
14 the prosecuting attorney may file an appeal within 30 days
15 of the trial court's ruling. The trial or appellate court
16 may stay the court proceedings if the court finds that a
17 stay would not violate a constitutional right of the
18 defendant. If the appellate court denies the relief
19 sought, the reasons for the denial shall be clearly stated
20 in a written opinion. In any appeal in a criminal case, the
21 State may assert as error the court's denial of any crime
22 victim's right in the proceeding to which the appeal
23 relates.
24 (15) Limitation on appellate relief. In no case shall
25 an appellate court provide a new trial to remedy the
26 violation of a victim's right.

HB4498- 349 -LRB102 22839 RLC 31990 b
1 (16) The right to be reasonably protected from the
2 accused throughout the criminal justice process and the
3 right to have the safety of the victim and the victim's
4 family considered in denying or fixing the amount of bail,
5 determining whether to release the defendant, and setting
6 conditions of release after arrest and conviction. A
7 victim of domestic violence, a sexual offense, or stalking
8 may request the entry of a protective order under Article
9 112A of the Code of Criminal Procedure of 1963.
10 (d) Procedures after the imposition of sentence.
11 (1) The Prisoner Review Board shall inform a victim or
12 any other concerned citizen, upon written request, of the
13 prisoner's release on parole, mandatory supervised
14 release, electronic detention, work release, international
15 transfer or exchange, or by the custodian, other than the
16 Department of Juvenile Justice, of the discharge of any
17 individual who was adjudicated a delinquent for a crime
18 from State custody and by the sheriff of the appropriate
19 county of any such person's final discharge from county
20 custody. The Prisoner Review Board, upon written request,
21 shall provide to a victim or any other concerned citizen a
22 recent photograph of any person convicted of a felony,
23 upon his or her release from custody. The Prisoner Review
24 Board, upon written request, shall inform a victim or any
25 other concerned citizen when feasible at least 7 days
26 prior to the prisoner's release on furlough of the times

HB4498- 350 -LRB102 22839 RLC 31990 b
1 and dates of such furlough. Upon written request by the
2 victim or any other concerned citizen, the State's
3 Attorney shall notify the person once of the times and
4 dates of release of a prisoner sentenced to periodic
5 imprisonment. Notification shall be based on the most
6 recent information as to victim's or other concerned
7 citizen's residence or other location available to the
8 notifying authority.
9 (2) When the defendant has been committed to the
10 Department of Human Services pursuant to Section 5-2-4 or
11 any other provision of the Unified Code of Corrections,
12 the victim may request to be notified by the releasing
13 authority of the approval by the court of an on-grounds
14 pass, a supervised off-grounds pass, an unsupervised
15 off-grounds pass, or conditional release; the release on
16 an off-grounds pass; the return from an off-grounds pass;
17 transfer to another facility; conditional release; escape;
18 death; or final discharge from State custody. The
19 Department of Human Services shall establish and maintain
20 a statewide telephone number to be used by victims to make
21 notification requests under these provisions and shall
22 publicize this telephone number on its website and to the
23 State's Attorney of each county.
24 (3) In the event of an escape from State custody, the
25 Department of Corrections or the Department of Juvenile
26 Justice immediately shall notify the Prisoner Review Board

HB4498- 351 -LRB102 22839 RLC 31990 b
1 of the escape and the Prisoner Review Board shall notify
2 the victim. The notification shall be based upon the most
3 recent information as to the victim's residence or other
4 location available to the Board. When no such information
5 is available, the Board shall make all reasonable efforts
6 to obtain the information and make the notification. When
7 the escapee is apprehended, the Department of Corrections
8 or the Department of Juvenile Justice immediately shall
9 notify the Prisoner Review Board and the Board shall
10 notify the victim.
11 (4) The victim of the crime for which the prisoner has
12 been sentenced has the right to register with the Prisoner
13 Review Board's victim registry. Victims registered with
14 the Board shall receive reasonable written notice not less
15 than 30 days prior to the parole hearing or target
16 aftercare release date. The victim has the right to submit
17 a victim statement for consideration by the Prisoner
18 Review Board or the Department of Juvenile Justice in
19 writing, on film, videotape, or other electronic means, or
20 in the form of a recording prior to the parole hearing or
21 target aftercare release date, or in person at the parole
22 hearing or aftercare release protest hearing, or by
23 calling the toll-free number established in subsection (f)
24 of this Section. The victim shall be notified within 7
25 days after the prisoner has been granted parole or
26 aftercare release and shall be informed of the right to

HB4498- 352 -LRB102 22839 RLC 31990 b
1 inspect the registry of parole decisions, established
2 under subsection (g) of Section 3-3-5 of the Unified Code
3 of Corrections. The provisions of this paragraph (4) are
4 subject to the Open Parole Hearings Act. Victim statements
5 provided to the Board shall be confidential and
6 privileged, including any statements received prior to
7 January 1, 2020 (the effective date of Public Act 101-288)
8 this amendatory Act of the 101st General Assembly, except
9 if the statement was an oral statement made by the victim
10 at a hearing open to the public.
11 (4-1) The crime victim has the right to submit a
12 victim statement for consideration by the Prisoner Review
13 Board or the Department of Juvenile Justice prior to or at
14 a hearing to determine the conditions of mandatory
15 supervised release of a person sentenced to a determinate
16 sentence or at a hearing on revocation of mandatory
17 supervised release of a person sentenced to a determinate
18 sentence. A victim statement may be submitted in writing,
19 on film, videotape, or other electronic means, or in the
20 form of a recording, or orally at a hearing, or by calling
21 the toll-free number established in subsection (f) of this
22 Section. Victim statements provided to the Board shall be
23 confidential and privileged, including any statements
24 received prior to January 1, 2020 (the effective date of
25 Public Act 101-288) this amendatory Act of the 101st
26 General Assembly, except if the statement was an oral

HB4498- 353 -LRB102 22839 RLC 31990 b
1 statement made by the victim at a hearing open to the
2 public.
3 (4-2) The crime victim has the right to submit a
4 victim statement to the Prisoner Review Board for
5 consideration at an executive clemency hearing as provided
6 in Section 3-3-13 of the Unified Code of Corrections. A
7 victim statement may be submitted in writing, on film,
8 videotape, or other electronic means, or in the form of a
9 recording prior to a hearing, or orally at a hearing, or by
10 calling the toll-free number established in subsection (f)
11 of this Section. Victim statements provided to the Board
12 shall be confidential and privileged, including any
13 statements received prior to January 1, 2020 (the
14 effective date of Public Act 101-288) this amendatory Act
15 of the 101st General Assembly, except if the statement was
16 an oral statement made by the victim at a hearing open to
17 the public.
18 (5) If a statement is presented under Section 6, the
19 Prisoner Review Board or Department of Juvenile Justice
20 shall inform the victim of any order of discharge pursuant
21 to Section 3-2.5-85 or 3-3-8 of the Unified Code of
22 Corrections.
23 (6) At the written or oral request of the victim of the
24 crime for which the prisoner was sentenced or the State's
25 Attorney of the county where the person seeking parole or
26 aftercare release was prosecuted, the Prisoner Review

HB4498- 354 -LRB102 22839 RLC 31990 b
1 Board or Department of Juvenile Justice shall notify the
2 victim and the State's Attorney of the county where the
3 person seeking parole or aftercare release was prosecuted
4 of the death of the prisoner if the prisoner died while on
5 parole or aftercare release or mandatory supervised
6 release.
7 (7) When a defendant who has been committed to the
8 Department of Corrections, the Department of Juvenile
9 Justice, or the Department of Human Services is released
10 or discharged and subsequently committed to the Department
11 of Human Services as a sexually violent person and the
12 victim had requested to be notified by the releasing
13 authority of the defendant's discharge, conditional
14 release, death, or escape from State custody, the
15 releasing authority shall provide to the Department of
16 Human Services such information that would allow the
17 Department of Human Services to contact the victim.
18 (8) When a defendant has been convicted of a sex
19 offense as defined in Section 2 of the Sex Offender
20 Registration Act and has been sentenced to the Department
21 of Corrections or the Department of Juvenile Justice, the
22 Prisoner Review Board or the Department of Juvenile
23 Justice shall notify the victim of the sex offense of the
24 prisoner's eligibility for release on parole, aftercare
25 release, mandatory supervised release, electronic
26 detention, work release, international transfer or

HB4498- 355 -LRB102 22839 RLC 31990 b
1 exchange, or by the custodian of the discharge of any
2 individual who was adjudicated a delinquent for a sex
3 offense from State custody and by the sheriff of the
4 appropriate county of any such person's final discharge
5 from county custody. The notification shall be made to the
6 victim at least 30 days, whenever possible, before release
7 of the sex offender.
8 (e) The officials named in this Section may satisfy some
9or all of their obligations to provide notices and other
10information through participation in a statewide victim and
11witness notification system established by the Attorney
12General under Section 8.5 of this Act.
13 (f) The Prisoner Review Board shall establish a toll-free
14number that may be accessed by the crime victim to present a
15victim statement to the Board in accordance with paragraphs
16(4), (4-1), and (4-2) of subsection (d).
17(Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;
18101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff.
198-20-21.)
20 Section 105. The Pretrial Services Act is amended by
21changing Sections 11, 20, 22, and 34 as follows:
22 (725 ILCS 185/11) (from Ch. 38, par. 311)
23 Sec. 11. No person shall be interviewed by a pretrial
24services agency unless he or she has first been apprised of the

HB4498- 356 -LRB102 22839 RLC 31990 b
1identity and purpose of the interviewer, the scope of the
2interview, the right to secure legal advice, and the right to
3refuse cooperation. Inquiry of the defendant shall carefully
4exclude questions concerning the details of the current
5charge. Statements made by the defendant during the interview,
6or evidence derived therefrom, are admissible in evidence only
7when the court is considering the imposition of pretrial or
8posttrial conditions to bail or recognizance, or when
9considering the modification of a prior release order.
10(Source: P.A. 84-1449; 101-652.)
11 (725 ILCS 185/20) (from Ch. 38, par. 320)
12 Sec. 20. In preparing and presenting its written reports
13under Sections 17 and 19, pretrial services agencies shall in
14appropriate cases include specific recommendations for the
15setting the conditions , increase, or decrease of pretrial
16release bail; the release of the interviewee on his own
17recognizance in sums certain; and the imposition of pretrial
18conditions of pretrial release to bail or recognizance
19designed to minimize the risks of nonappearance, the
20commission of new offenses while awaiting trial, and other
21potential interference with the orderly administration of
22justice. In establishing objective internal criteria of any
23such recommendation policies, the agency may utilize so-called
24"point scales" for evaluating the aforementioned risks, but no
25interviewee shall be considered as ineligible for particular

HB4498- 357 -LRB102 22839 RLC 31990 b
1agency recommendations by sole reference to such procedures.
2(Source: P.A. 91-357, eff. 7-29-99; 101-652.)
3 (725 ILCS 185/22) (from Ch. 38, par. 322)
4 Sec. 22. If so ordered by the court, the pretrial services
5agency shall prepare and submit for the court's approval and
6signature a uniform release order on the uniform form
7established by the Supreme Court in all cases where an
8interviewee may be released from custody under conditions
9contained in an agency report. Such conditions shall become
10part of the conditions of pretrial release the bail bond. A
11copy of the uniform release order shall be provided to the
12defendant and defendant's attorney of record, and the
13prosecutor.
14(Source: P.A. 84-1449; 101-652.)
15 (725 ILCS 185/34)
16 Sec. 34. Probation and court services departments
17considered pretrial services agencies. For the purposes of
18administering the provisions of Public Act 95-773, known as
19the Cindy Bischof Law, all probation and court services
20departments are to be considered pretrial services agencies
21under this Act and under the pretrial release bail bond
22provisions of the Code of Criminal Procedure of 1963.
23(Source: P.A. 96-341, eff. 8-11-09; 101-652.)

HB4498- 358 -LRB102 22839 RLC 31990 b
1 Section 110. The Quasi-criminal and Misdemeanor Bail Act
2is amended by changing the title of the Act and Sections 0.01,
31, 2, 3, and 5 as follows:
4 (725 ILCS 195/Act title)
5 An Act to authorize designated officers to let persons
6charged with quasi-criminal offenses and misdemeanors to
7pretrial release bail and to accept and receipt for fines on
8pleas of guilty in minor offenses, in accordance with
9schedules established by rule of court.
10 (725 ILCS 195/0.01) (from Ch. 16, par. 80)
11 Sec. 0.01. Short title. This Act may be cited as the
12Quasi-criminal and Misdemeanor Pretrial Release Bail Act.
13(Source: P.A. 86-1324; 101-652.)
14 (725 ILCS 195/1) (from Ch. 16, par. 81)
15 Sec. 1. Whenever in any circuit there shall be in force a
16rule or order of the Supreme Court establishing a uniform form
17schedule prescribing the conditions of pretrial release
18amounts of bail for specified conservation cases, traffic
19cases, quasi-criminal offenses and misdemeanors, any general
20superintendent, chief, captain, lieutenant, or sergeant of
21police, or other police officer, the sheriff, the circuit
22clerk, and any deputy sheriff or deputy circuit clerk
23designated by the Circuit Court for the purpose, are

HB4498- 359 -LRB102 22839 RLC 31990 b
1authorized to let to pretrial release bail any person charged
2with a quasi-criminal offense or misdemeanor and to accept and
3receipt for bonds or cash bail in accordance with regulations
4established by rule or order of the Supreme Court. Unless
5otherwise provided by Supreme Court Rule, no such bail may be
6posted or accepted in any place other than a police station,
7sheriff's office or jail, or other county, municipal or other
8building housing governmental units, or a division
9headquarters building of the Illinois State Police. Bonds and
10cash so received shall be delivered to the office of the
11circuit clerk or that of his designated deputy as provided by
12regulation. Such cash and securities so received shall be
13delivered to the office of such clerk or deputy clerk within at
14least 48 hours of receipt or within the time set for the
15accused's appearance in court whichever is earliest.
16 In all cases where a person is admitted to bail under a
17uniform schedule prescribing the amount of bail for specified
18conservation cases, traffic cases, quasi-criminal offenses and
19misdemeanors the provisions of Section 110-15 of the "Code of
20Criminal Procedure of 1963", approved August 14, 1963, as
21amended by the 75th General Assembly shall be applicable.
22(Source: P.A. 80-897; 101-652.)
23 (725 ILCS 195/2) (from Ch. 16, par. 82)
24 Sec. 2. The conditions of the pretrial release bail bond
25or deposit of cash bail shall be that the accused will appear

HB4498- 360 -LRB102 22839 RLC 31990 b
1to answer the charge in court at a time and place specified in
2the pretrial release form bond and thereafter as ordered by
3the court until discharged on final order of the court and to
4submit himself to the orders and process of the court. The
5accused shall be furnished with an official receipt on a form
6prescribed by rule of court for any cash or other security
7deposited, and shall receive a copy of the pretrial release
8form bond specifying the time and place of his court
9appearance.
10 Upon performance of the conditions of the pretrial release
11bond, the pretrial release form bond shall be null and void and
12the accused shall be released from the conditions of pretrial
13release any cash bail or other security shall be returned to
14the accused.
15(Source: Laws 1963, p. 2652; P.A. 101-652.)
16 (725 ILCS 195/3) (from Ch. 16, par. 83)
17 Sec. 3. In lieu of complying with the conditions of
18pretrial release making bond or depositing cash bail as
19provided in this Act or the deposit of other security
20authorized by law, any accused person has the right to be
21brought without unnecessary delay before the nearest or most
22accessible judge of the circuit to be dealt with according to
23law.
24(Source: P.A. 77-1248; 101-652.)

HB4498- 361 -LRB102 22839 RLC 31990 b
1 (725 ILCS 195/5) (from Ch. 16, par. 85)
2 Sec. 5. Any person authorized to accept pretrial release
3bail or pleas of guilty by this Act who violates any provision
4of this Act is guilty of a Class B misdemeanor.
5(Source: P.A. 77-2319; 101-652.)
6 Section 115. The Unified Code of Corrections is amended by
7changing Sections 5-3-2, 5-5-3.2, 5-6-4, 5-6-4.1, 5-8A-7, and
88-2-1 as follows:
9 (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
10 (Text of Section before amendment by P.A. 101-652)
11 Sec. 5-3-2. Presentence report.
12 (a) In felony cases, the presentence report shall set
13forth:
14 (1) the defendant's history of delinquency or
15 criminality, physical and mental history and condition,
16 family situation and background, economic status,
17 education, occupation and personal habits;
18 (2) information about special resources within the
19 community which might be available to assist the
20 defendant's rehabilitation, including treatment centers,
21 residential facilities, vocational training services,
22 correctional manpower programs, employment opportunities,
23 special educational programs, alcohol and drug abuse
24 programming, psychiatric and marriage counseling, and

HB4498- 362 -LRB102 22839 RLC 31990 b
1 other programs and facilities which could aid the
2 defendant's successful reintegration into society;
3 (3) the effect the offense committed has had upon the
4 victim or victims thereof, and any compensatory benefit
5 that various sentencing alternatives would confer on such
6 victim or victims;
7 (3.5) information provided by the victim's spouse,
8 guardian, parent, grandparent, and other immediate family
9 and household members about the effect the offense
10 committed has had on the victim and on the person
11 providing the information; if the victim's spouse,
12 guardian, parent, grandparent, or other immediate family
13 or household member has provided a written statement, the
14 statement shall be attached to the report;
15 (4) information concerning the defendant's status
16 since arrest, including his record if released on his own
17 recognizance, or the defendant's achievement record if
18 released on a conditional pre-trial supervision program;
19 (5) when appropriate, a plan, based upon the personal,
20 economic and social adjustment needs of the defendant,
21 utilizing public and private community resources as an
22 alternative to institutional sentencing;
23 (6) any other matters that the investigatory officer
24 deems relevant or the court directs to be included;
25 (7) information concerning the defendant's eligibility
26 for a sentence to a county impact incarceration program

HB4498- 363 -LRB102 22839 RLC 31990 b
1 under Section 5-8-1.2 of this Code; and
2 (8) information concerning the defendant's eligibility
3 for a sentence to an impact incarceration program
4 administered by the Department under Section 5-8-1.1.
5 (b) The investigation shall include a physical and mental
6examination of the defendant when so ordered by the court. If
7the court determines that such an examination should be made,
8it shall issue an order that the defendant submit to
9examination at such time and place as designated by the court
10and that such examination be conducted by a physician,
11psychologist or psychiatrist designated by the court. Such an
12examination may be conducted in a court clinic if so ordered by
13the court. The cost of such examination shall be paid by the
14county in which the trial is held.
15 (b-5) In cases involving felony sex offenses in which the
16offender is being considered for probation only or any felony
17offense that is sexually motivated as defined in the Sex
18Offender Management Board Act in which the offender is being
19considered for probation only, the investigation shall include
20a sex offender evaluation by an evaluator approved by the
21Board and conducted in conformance with the standards
22developed under the Sex Offender Management Board Act. In
23cases in which the offender is being considered for any
24mandatory prison sentence, the investigation shall not include
25a sex offender evaluation.
26 (c) In misdemeanor, business offense or petty offense

HB4498- 364 -LRB102 22839 RLC 31990 b
1cases, except as specified in subsection (d) of this Section,
2when a presentence report has been ordered by the court, such
3presentence report shall contain information on the
4defendant's history of delinquency or criminality and shall
5further contain only those matters listed in any of paragraphs
6(1) through (6) of subsection (a) or in subsection (b) of this
7Section as are specified by the court in its order for the
8report.
9 (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or
1012-30 of the Criminal Code of 1961 or the Criminal Code of
112012, the presentence report shall set forth information about
12alcohol, drug abuse, psychiatric, and marriage counseling or
13other treatment programs and facilities, information on the
14defendant's history of delinquency or criminality, and shall
15contain those additional matters listed in any of paragraphs
16(1) through (6) of subsection (a) or in subsection (b) of this
17Section as are specified by the court.
18 (e) Nothing in this Section shall cause the defendant to
19be held without bail or to have his bail revoked for the
20purpose of preparing the presentence report or making an
21examination.
22(Source: P.A. 101-105, eff. 1-1-20; 102-558, eff. 8-20-21.)
23 (Text of Section after amendment by P.A. 101-652)
24 Sec. 5-3-2. Presentence report.
25 (a) In felony cases, the presentence report shall set

HB4498- 365 -LRB102 22839 RLC 31990 b
1forth:
2 (1) the defendant's history of delinquency or
3 criminality, physical and mental history and condition,
4 family situation and background, economic status,
5 education, occupation and personal habits;
6 (2) information about special resources within the
7 community which might be available to assist the
8 defendant's rehabilitation, including treatment centers,
9 residential facilities, vocational training services,
10 correctional manpower programs, employment opportunities,
11 special educational programs, alcohol and drug abuse
12 programming, psychiatric and marriage counseling, and
13 other programs and facilities which could aid the
14 defendant's successful reintegration into society;
15 (3) the effect the offense committed has had upon the
16 victim or victims thereof, and any compensatory benefit
17 that various sentencing alternatives would confer on such
18 victim or victims;
19 (3.5) information provided by the victim's spouse,
20 guardian, parent, grandparent, and other immediate family
21 and household members about the effect the offense
22 committed has had on the victim and on the person
23 providing the information; if the victim's spouse,
24 guardian, parent, grandparent, or other immediate family
25 or household member has provided a written statement, the
26 statement shall be attached to the report;

HB4498- 366 -LRB102 22839 RLC 31990 b
1 (4) information concerning the defendant's status
2 since arrest, including his record if released on his own
3 recognizance, or the defendant's achievement record if
4 released on a conditional pre-trial supervision program;
5 (5) when appropriate, a plan, based upon the personal,
6 economic and social adjustment needs of the defendant,
7 utilizing public and private community resources as an
8 alternative to institutional sentencing;
9 (6) any other matters that the investigatory officer
10 deems relevant or the court directs to be included;
11 (7) information concerning the defendant's eligibility
12 for a sentence to a county impact incarceration program
13 under Section 5-8-1.2 of this Code; and
14 (8) information concerning the defendant's eligibility
15 for a sentence to an impact incarceration program
16 administered by the Department under Section 5-8-1.1.
17 (b) The investigation shall include a physical and mental
18examination of the defendant when so ordered by the court. If
19the court determines that such an examination should be made,
20it shall issue an order that the defendant submit to
21examination at such time and place as designated by the court
22and that such examination be conducted by a physician,
23psychologist or psychiatrist designated by the court. Such an
24examination may be conducted in a court clinic if so ordered by
25the court. The cost of such examination shall be paid by the
26county in which the trial is held.

HB4498- 367 -LRB102 22839 RLC 31990 b
1 (b-5) In cases involving felony sex offenses in which the
2offender is being considered for probation only or any felony
3offense that is sexually motivated as defined in the Sex
4Offender Management Board Act in which the offender is being
5considered for probation only, the investigation shall include
6a sex offender evaluation by an evaluator approved by the
7Board and conducted in conformance with the standards
8developed under the Sex Offender Management Board Act. In
9cases in which the offender is being considered for any
10mandatory prison sentence, the investigation shall not include
11a sex offender evaluation.
12 (c) In misdemeanor, business offense or petty offense
13cases, except as specified in subsection (d) of this Section,
14when a presentence report has been ordered by the court, such
15presentence report shall contain information on the
16defendant's history of delinquency or criminality and shall
17further contain only those matters listed in any of paragraphs
18(1) through (6) of subsection (a) or in subsection (b) of this
19Section as are specified by the court in its order for the
20report.
21 (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or
2212-30 of the Criminal Code of 1961 or the Criminal Code of
232012, the presentence report shall set forth information about
24alcohol, drug abuse, psychiatric, and marriage counseling or
25other treatment programs and facilities, information on the
26defendant's history of delinquency or criminality, and shall

HB4498- 368 -LRB102 22839 RLC 31990 b
1contain those additional matters listed in any of paragraphs
2(1) through (6) of subsection (a) or in subsection (b) of this
3Section as are specified by the court.
4 (e) Nothing in this Section shall cause the defendant to
5be held without pretrial release bail or to have his pretrial
6release bail revoked for the purpose of preparing the
7presentence report or making an examination.
8(Source: P.A. 101-105, eff. 1-1-20; 101-652, eff. 1-1-23;
9102-558, eff. 8-20-21.)
10 (730 ILCS 5/5-5-3.2)
11 (Text of Section before amendment by P.A. 101-652)
12 Sec. 5-5-3.2. Factors in aggravation and extended-term
13sentencing.
14 (a) The following factors shall be accorded weight in
15favor of imposing a term of imprisonment or may be considered
16by the court as reasons to impose a more severe sentence under
17Section 5-8-1 or Article 4.5 of Chapter V:
18 (1) the defendant's conduct caused or threatened
19 serious harm;
20 (2) the defendant received compensation for committing
21 the offense;
22 (3) the defendant has a history of prior delinquency
23 or criminal activity;
24 (4) the defendant, by the duties of his office or by
25 his position, was obliged to prevent the particular

HB4498- 369 -LRB102 22839 RLC 31990 b
1 offense committed or to bring the offenders committing it
2 to justice;
3 (5) the defendant held public office at the time of
4 the offense, and the offense related to the conduct of
5 that office;
6 (6) the defendant utilized his professional reputation
7 or position in the community to commit the offense, or to
8 afford him an easier means of committing it;
9 (7) the sentence is necessary to deter others from
10 committing the same crime;
11 (8) the defendant committed the offense against a
12 person 60 years of age or older or such person's property;
13 (9) the defendant committed the offense against a
14 person who has a physical disability or such person's
15 property;
16 (10) by reason of another individual's actual or
17 perceived race, color, creed, religion, ancestry, gender,
18 sexual orientation, physical or mental disability, or
19 national origin, the defendant committed the offense
20 against (i) the person or property of that individual;
21 (ii) the person or property of a person who has an
22 association with, is married to, or has a friendship with
23 the other individual; or (iii) the person or property of a
24 relative (by blood or marriage) of a person described in
25 clause (i) or (ii). For the purposes of this Section,
26 "sexual orientation" has the meaning ascribed to it in

HB4498- 370 -LRB102 22839 RLC 31990 b
1 paragraph (O-1) of Section 1-103 of the Illinois Human
2 Rights Act;
3 (11) the offense took place in a place of worship or on
4 the grounds of a place of worship, immediately prior to,
5 during or immediately following worship services. For
6 purposes of this subparagraph, "place of worship" shall
7 mean any church, synagogue or other building, structure or
8 place used primarily for religious worship;
9 (12) the defendant was convicted of a felony committed
10 while he was released on bail or his own recognizance
11 pending trial for a prior felony and was convicted of such
12 prior felony, or the defendant was convicted of a felony
13 committed while he was serving a period of probation,
14 conditional discharge, or mandatory supervised release
15 under subsection (d) of Section 5-8-1 for a prior felony;
16 (13) the defendant committed or attempted to commit a
17 felony while he was wearing a bulletproof vest. For the
18 purposes of this paragraph (13), a bulletproof vest is any
19 device which is designed for the purpose of protecting the
20 wearer from bullets, shot or other lethal projectiles;
21 (14) the defendant held a position of trust or
22 supervision such as, but not limited to, family member as
23 defined in Section 11-0.1 of the Criminal Code of 2012,
24 teacher, scout leader, baby sitter, or day care worker, in
25 relation to a victim under 18 years of age, and the
26 defendant committed an offense in violation of Section

HB4498- 371 -LRB102 22839 RLC 31990 b
1 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
2 11-14.4 except for an offense that involves keeping a
3 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
4 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
5 or 12-16 of the Criminal Code of 1961 or the Criminal Code
6 of 2012 against that victim;
7 (15) the defendant committed an offense related to the
8 activities of an organized gang. For the purposes of this
9 factor, "organized gang" has the meaning ascribed to it in
10 Section 10 of the Streetgang Terrorism Omnibus Prevention
11 Act;
12 (16) the defendant committed an offense in violation
13 of one of the following Sections while in a school,
14 regardless of the time of day or time of year; on any
15 conveyance owned, leased, or contracted by a school to
16 transport students to or from school or a school related
17 activity; on the real property of a school; or on a public
18 way within 1,000 feet of the real property comprising any
19 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
20 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
21 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
22 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
23 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
24 for subdivision (a)(4) or (g)(1), of the Criminal Code of
25 1961 or the Criminal Code of 2012;
26 (16.5) the defendant committed an offense in violation

HB4498- 372 -LRB102 22839 RLC 31990 b
1 of one of the following Sections while in a day care
2 center, regardless of the time of day or time of year; on
3 the real property of a day care center, regardless of the
4 time of day or time of year; or on a public way within
5 1,000 feet of the real property comprising any day care
6 center, regardless of the time of day or time of year:
7 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
8 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
9 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
10 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
11 18-2, or 33A-2, or Section 12-3.05 except for subdivision
12 (a)(4) or (g)(1), of the Criminal Code of 1961 or the
13 Criminal Code of 2012;
14 (17) the defendant committed the offense by reason of
15 any person's activity as a community policing volunteer or
16 to prevent any person from engaging in activity as a
17 community policing volunteer. For the purpose of this
18 Section, "community policing volunteer" has the meaning
19 ascribed to it in Section 2-3.5 of the Criminal Code of
20 2012;
21 (18) the defendant committed the offense in a nursing
22 home or on the real property comprising a nursing home.
23 For the purposes of this paragraph (18), "nursing home"
24 means a skilled nursing or intermediate long term care
25 facility that is subject to license by the Illinois
26 Department of Public Health under the Nursing Home Care

HB4498- 373 -LRB102 22839 RLC 31990 b
1 Act, the Specialized Mental Health Rehabilitation Act of
2 2013, the ID/DD Community Care Act, or the MC/DD Act;
3 (19) the defendant was a federally licensed firearm
4 dealer and was previously convicted of a violation of
5 subsection (a) of Section 3 of the Firearm Owners
6 Identification Card Act and has now committed either a
7 felony violation of the Firearm Owners Identification Card
8 Act or an act of armed violence while armed with a firearm;
9 (20) the defendant (i) committed the offense of
10 reckless homicide under Section 9-3 of the Criminal Code
11 of 1961 or the Criminal Code of 2012 or the offense of
12 driving under the influence of alcohol, other drug or
13 drugs, intoxicating compound or compounds or any
14 combination thereof under Section 11-501 of the Illinois
15 Vehicle Code or a similar provision of a local ordinance
16 and (ii) was operating a motor vehicle in excess of 20
17 miles per hour over the posted speed limit as provided in
18 Article VI of Chapter 11 of the Illinois Vehicle Code;
19 (21) the defendant (i) committed the offense of
20 reckless driving or aggravated reckless driving under
21 Section 11-503 of the Illinois Vehicle Code and (ii) was
22 operating a motor vehicle in excess of 20 miles per hour
23 over the posted speed limit as provided in Article VI of
24 Chapter 11 of the Illinois Vehicle Code;
25 (22) the defendant committed the offense against a
26 person that the defendant knew, or reasonably should have

HB4498- 374 -LRB102 22839 RLC 31990 b
1 known, was a member of the Armed Forces of the United
2 States serving on active duty. For purposes of this clause
3 (22), the term "Armed Forces" means any of the Armed
4 Forces of the United States, including a member of any
5 reserve component thereof or National Guard unit called to
6 active duty;
7 (23) the defendant committed the offense against a
8 person who was elderly or infirm or who was a person with a
9 disability by taking advantage of a family or fiduciary
10 relationship with the elderly or infirm person or person
11 with a disability;
12 (24) the defendant committed any offense under Section
13 11-20.1 of the Criminal Code of 1961 or the Criminal Code
14 of 2012 and possessed 100 or more images;
15 (25) the defendant committed the offense while the
16 defendant or the victim was in a train, bus, or other
17 vehicle used for public transportation;
18 (26) the defendant committed the offense of child
19 pornography or aggravated child pornography, specifically
20 including paragraph (1), (2), (3), (4), (5), or (7) of
21 subsection (a) of Section 11-20.1 of the Criminal Code of
22 1961 or the Criminal Code of 2012 where a child engaged in,
23 solicited for, depicted in, or posed in any act of sexual
24 penetration or bound, fettered, or subject to sadistic,
25 masochistic, or sadomasochistic abuse in a sexual context
26 and specifically including paragraph (1), (2), (3), (4),

HB4498- 375 -LRB102 22839 RLC 31990 b
1 (5), or (7) of subsection (a) of Section 11-20.1B or
2 Section 11-20.3 of the Criminal Code of 1961 where a child
3 engaged in, solicited for, depicted in, or posed in any
4 act of sexual penetration or bound, fettered, or subject
5 to sadistic, masochistic, or sadomasochistic abuse in a
6 sexual context;
7 (27) the defendant committed the offense of first
8 degree murder, assault, aggravated assault, battery,
9 aggravated battery, robbery, armed robbery, or aggravated
10 robbery against a person who was a veteran and the
11 defendant knew, or reasonably should have known, that the
12 person was a veteran performing duties as a representative
13 of a veterans' organization. For the purposes of this
14 paragraph (27), "veteran" means an Illinois resident who
15 has served as a member of the United States Armed Forces, a
16 member of the Illinois National Guard, or a member of the
17 United States Reserve Forces; and "veterans' organization"
18 means an organization comprised of members of which
19 substantially all are individuals who are veterans or
20 spouses, widows, or widowers of veterans, the primary
21 purpose of which is to promote the welfare of its members
22 and to provide assistance to the general public in such a
23 way as to confer a public benefit;
24 (28) the defendant committed the offense of assault,
25 aggravated assault, battery, aggravated battery, robbery,
26 armed robbery, or aggravated robbery against a person that

HB4498- 376 -LRB102 22839 RLC 31990 b
1 the defendant knew or reasonably should have known was a
2 letter carrier or postal worker while that person was
3 performing his or her duties delivering mail for the
4 United States Postal Service;
5 (29) the defendant committed the offense of criminal
6 sexual assault, aggravated criminal sexual assault,
7 criminal sexual abuse, or aggravated criminal sexual abuse
8 against a victim with an intellectual disability, and the
9 defendant holds a position of trust, authority, or
10 supervision in relation to the victim;
11 (30) the defendant committed the offense of promoting
12 juvenile prostitution, patronizing a prostitute, or
13 patronizing a minor engaged in prostitution and at the
14 time of the commission of the offense knew that the
15 prostitute or minor engaged in prostitution was in the
16 custody or guardianship of the Department of Children and
17 Family Services;
18 (31) the defendant (i) committed the offense of
19 driving while under the influence of alcohol, other drug
20 or drugs, intoxicating compound or compounds or any
21 combination thereof in violation of Section 11-501 of the
22 Illinois Vehicle Code or a similar provision of a local
23 ordinance and (ii) the defendant during the commission of
24 the offense was driving his or her vehicle upon a roadway
25 designated for one-way traffic in the opposite direction
26 of the direction indicated by official traffic control

HB4498- 377 -LRB102 22839 RLC 31990 b
1 devices;
2 (32) the defendant committed the offense of reckless
3 homicide while committing a violation of Section 11-907 of
4 the Illinois Vehicle Code;
5 (33) the defendant was found guilty of an
6 administrative infraction related to an act or acts of
7 public indecency or sexual misconduct in the penal
8 institution. In this paragraph (33), "penal institution"
9 has the same meaning as in Section 2-14 of the Criminal
10 Code of 2012; or
11 (34) the defendant committed the offense of leaving
12 the scene of an accident in violation of subsection (b) of
13 Section 11-401 of the Illinois Vehicle Code and the
14 accident resulted in the death of a person and at the time
15 of the offense, the defendant was: (i) driving under the
16 influence of alcohol, other drug or drugs, intoxicating
17 compound or compounds or any combination thereof as
18 defined by Section 11-501 of the Illinois Vehicle Code; or
19 (ii) operating the motor vehicle while using an electronic
20 communication device as defined in Section 12-610.2 of the
21 Illinois Vehicle Code.
22 For the purposes of this Section:
23 "School" is defined as a public or private elementary or
24secondary school, community college, college, or university.
25 "Day care center" means a public or private State
26certified and licensed day care center as defined in Section

HB4498- 378 -LRB102 22839 RLC 31990 b
12.09 of the Child Care Act of 1969 that displays a sign in
2plain view stating that the property is a day care center.
3 "Intellectual disability" means significantly subaverage
4intellectual functioning which exists concurrently with
5impairment in adaptive behavior.
6 "Public transportation" means the transportation or
7conveyance of persons by means available to the general
8public, and includes paratransit services.
9 "Traffic control devices" means all signs, signals,
10markings, and devices that conform to the Illinois Manual on
11Uniform Traffic Control Devices, placed or erected by
12authority of a public body or official having jurisdiction,
13for the purpose of regulating, warning, or guiding traffic.
14 (b) The following factors, related to all felonies, may be
15considered by the court as reasons to impose an extended term
16sentence under Section 5-8-2 upon any offender:
17 (1) When a defendant is convicted of any felony, after
18 having been previously convicted in Illinois or any other
19 jurisdiction of the same or similar class felony or
20 greater class felony, when such conviction has occurred
21 within 10 years after the previous conviction, excluding
22 time spent in custody, and such charges are separately
23 brought and tried and arise out of different series of
24 acts; or
25 (2) When a defendant is convicted of any felony and
26 the court finds that the offense was accompanied by

HB4498- 379 -LRB102 22839 RLC 31990 b
1 exceptionally brutal or heinous behavior indicative of
2 wanton cruelty; or
3 (3) When a defendant is convicted of any felony
4 committed against:
5 (i) a person under 12 years of age at the time of
6 the offense or such person's property;
7 (ii) a person 60 years of age or older at the time
8 of the offense or such person's property; or
9 (iii) a person who had a physical disability at
10 the time of the offense or such person's property; or
11 (4) When a defendant is convicted of any felony and
12 the offense involved any of the following types of
13 specific misconduct committed as part of a ceremony, rite,
14 initiation, observance, performance, practice or activity
15 of any actual or ostensible religious, fraternal, or
16 social group:
17 (i) the brutalizing or torturing of humans or
18 animals;
19 (ii) the theft of human corpses;
20 (iii) the kidnapping of humans;
21 (iv) the desecration of any cemetery, religious,
22 fraternal, business, governmental, educational, or
23 other building or property; or
24 (v) ritualized abuse of a child; or
25 (5) When a defendant is convicted of a felony other
26 than conspiracy and the court finds that the felony was

HB4498- 380 -LRB102 22839 RLC 31990 b
1 committed under an agreement with 2 or more other persons
2 to commit that offense and the defendant, with respect to
3 the other individuals, occupied a position of organizer,
4 supervisor, financier, or any other position of management
5 or leadership, and the court further finds that the felony
6 committed was related to or in furtherance of the criminal
7 activities of an organized gang or was motivated by the
8 defendant's leadership in an organized gang; or
9 (6) When a defendant is convicted of an offense
10 committed while using a firearm with a laser sight
11 attached to it. For purposes of this paragraph, "laser
12 sight" has the meaning ascribed to it in Section 26-7 of
13 the Criminal Code of 2012; or
14 (7) When a defendant who was at least 17 years of age
15 at the time of the commission of the offense is convicted
16 of a felony and has been previously adjudicated a
17 delinquent minor under the Juvenile Court Act of 1987 for
18 an act that if committed by an adult would be a Class X or
19 Class 1 felony when the conviction has occurred within 10
20 years after the previous adjudication, excluding time
21 spent in custody; or
22 (8) When a defendant commits any felony and the
23 defendant used, possessed, exercised control over, or
24 otherwise directed an animal to assault a law enforcement
25 officer engaged in the execution of his or her official
26 duties or in furtherance of the criminal activities of an

HB4498- 381 -LRB102 22839 RLC 31990 b
1 organized gang in which the defendant is engaged; or
2 (9) When a defendant commits any felony and the
3 defendant knowingly video or audio records the offense
4 with the intent to disseminate the recording.
5 (c) The following factors may be considered by the court
6as reasons to impose an extended term sentence under Section
75-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
8offenses:
9 (1) When a defendant is convicted of first degree
10 murder, after having been previously convicted in Illinois
11 of any offense listed under paragraph (c)(2) of Section
12 5-5-3 (730 ILCS 5/5-5-3), when that conviction has
13 occurred within 10 years after the previous conviction,
14 excluding time spent in custody, and the charges are
15 separately brought and tried and arise out of different
16 series of acts.
17 (1.5) When a defendant is convicted of first degree
18 murder, after having been previously convicted of domestic
19 battery (720 ILCS 5/12-3.2) or aggravated domestic battery
20 (720 ILCS 5/12-3.3) committed on the same victim or after
21 having been previously convicted of violation of an order
22 of protection (720 ILCS 5/12-30) in which the same victim
23 was the protected person.
24 (2) When a defendant is convicted of voluntary
25 manslaughter, second degree murder, involuntary
26 manslaughter, or reckless homicide in which the defendant

HB4498- 382 -LRB102 22839 RLC 31990 b
1 has been convicted of causing the death of more than one
2 individual.
3 (3) When a defendant is convicted of aggravated
4 criminal sexual assault or criminal sexual assault, when
5 there is a finding that aggravated criminal sexual assault
6 or criminal sexual assault was also committed on the same
7 victim by one or more other individuals, and the defendant
8 voluntarily participated in the crime with the knowledge
9 of the participation of the others in the crime, and the
10 commission of the crime was part of a single course of
11 conduct during which there was no substantial change in
12 the nature of the criminal objective.
13 (4) If the victim was under 18 years of age at the time
14 of the commission of the offense, when a defendant is
15 convicted of aggravated criminal sexual assault or
16 predatory criminal sexual assault of a child under
17 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
18 of Section 12-14.1 of the Criminal Code of 1961 or the
19 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
20 (5) When a defendant is convicted of a felony
21 violation of Section 24-1 of the Criminal Code of 1961 or
22 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
23 finding that the defendant is a member of an organized
24 gang.
25 (6) When a defendant was convicted of unlawful use of
26 weapons under Section 24-1 of the Criminal Code of 1961 or

HB4498- 383 -LRB102 22839 RLC 31990 b
1 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
2 a weapon that is not readily distinguishable as one of the
3 weapons enumerated in Section 24-1 of the Criminal Code of
4 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
5 (7) When a defendant is convicted of an offense
6 involving the illegal manufacture of a controlled
7 substance under Section 401 of the Illinois Controlled
8 Substances Act (720 ILCS 570/401), the illegal manufacture
9 of methamphetamine under Section 25 of the Methamphetamine
10 Control and Community Protection Act (720 ILCS 646/25), or
11 the illegal possession of explosives and an emergency
12 response officer in the performance of his or her duties
13 is killed or injured at the scene of the offense while
14 responding to the emergency caused by the commission of
15 the offense. In this paragraph, "emergency" means a
16 situation in which a person's life, health, or safety is
17 in jeopardy; and "emergency response officer" means a
18 peace officer, community policing volunteer, fireman,
19 emergency medical technician-ambulance, emergency medical
20 technician-intermediate, emergency medical
21 technician-paramedic, ambulance driver, other medical
22 assistance or first aid personnel, or hospital emergency
23 room personnel.
24 (8) When the defendant is convicted of attempted mob
25 action, solicitation to commit mob action, or conspiracy
26 to commit mob action under Section 8-1, 8-2, or 8-4 of the

HB4498- 384 -LRB102 22839 RLC 31990 b
1 Criminal Code of 2012, where the criminal object is a
2 violation of Section 25-1 of the Criminal Code of 2012,
3 and an electronic communication is used in the commission
4 of the offense. For the purposes of this paragraph (8),
5 "electronic communication" shall have the meaning provided
6 in Section 26.5-0.1 of the Criminal Code of 2012.
7 (d) For the purposes of this Section, "organized gang" has
8the meaning ascribed to it in Section 10 of the Illinois
9Streetgang Terrorism Omnibus Prevention Act.
10 (e) The court may impose an extended term sentence under
11Article 4.5 of Chapter V upon an offender who has been
12convicted of a felony violation of Section 11-1.20, 11-1.30,
1311-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
1412-16 of the Criminal Code of 1961 or the Criminal Code of 2012
15when the victim of the offense is under 18 years of age at the
16time of the commission of the offense and, during the
17commission of the offense, the victim was under the influence
18of alcohol, regardless of whether or not the alcohol was
19supplied by the offender; and the offender, at the time of the
20commission of the offense, knew or should have known that the
21victim had consumed alcohol.
22(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
23101-417, eff. 1-1-20; 102-558, eff. 8-20-21.)
24 (Text of Section after amendment by P.A. 101-652)
25 Sec. 5-5-3.2. Factors in aggravation and extended-term

HB4498- 385 -LRB102 22839 RLC 31990 b
1sentencing.
2 (a) The following factors shall be accorded weight in
3favor of imposing a term of imprisonment or may be considered
4by the court as reasons to impose a more severe sentence under
5Section 5-8-1 or Article 4.5 of Chapter V:
6 (1) the defendant's conduct caused or threatened
7 serious harm;
8 (2) the defendant received compensation for committing
9 the offense;
10 (3) the defendant has a history of prior delinquency
11 or criminal activity;
12 (4) the defendant, by the duties of his office or by
13 his position, was obliged to prevent the particular
14 offense committed or to bring the offenders committing it
15 to justice;
16 (5) the defendant held public office at the time of
17 the offense, and the offense related to the conduct of
18 that office;
19 (6) the defendant utilized his professional reputation
20 or position in the community to commit the offense, or to
21 afford him an easier means of committing it;
22 (7) the sentence is necessary to deter others from
23 committing the same crime;
24 (8) the defendant committed the offense against a
25 person 60 years of age or older or such person's property;
26 (9) the defendant committed the offense against a

HB4498- 386 -LRB102 22839 RLC 31990 b
1 person who has a physical disability or such person's
2 property;
3 (10) by reason of another individual's actual or
4 perceived race, color, creed, religion, ancestry, gender,
5 sexual orientation, physical or mental disability, or
6 national origin, the defendant committed the offense
7 against (i) the person or property of that individual;
8 (ii) the person or property of a person who has an
9 association with, is married to, or has a friendship with
10 the other individual; or (iii) the person or property of a
11 relative (by blood or marriage) of a person described in
12 clause (i) or (ii). For the purposes of this Section,
13 "sexual orientation" has the meaning ascribed to it in
14 paragraph (O-1) of Section 1-103 of the Illinois Human
15 Rights Act;
16 (11) the offense took place in a place of worship or on
17 the grounds of a place of worship, immediately prior to,
18 during or immediately following worship services. For
19 purposes of this subparagraph, "place of worship" shall
20 mean any church, synagogue or other building, structure or
21 place used primarily for religious worship;
22 (12) the defendant was convicted of a felony committed
23 while he was on pretrial release released on bail or his
24 own recognizance pending trial for a prior felony and was
25 convicted of such prior felony, or the defendant was
26 convicted of a felony committed while he was serving a

HB4498- 387 -LRB102 22839 RLC 31990 b
1 period of probation, conditional discharge, or mandatory
2 supervised release under subsection (d) of Section 5-8-1
3 for a prior felony;
4 (13) the defendant committed or attempted to commit a
5 felony while he was wearing a bulletproof vest. For the
6 purposes of this paragraph (13), a bulletproof vest is any
7 device which is designed for the purpose of protecting the
8 wearer from bullets, shot or other lethal projectiles;
9 (14) the defendant held a position of trust or
10 supervision such as, but not limited to, family member as
11 defined in Section 11-0.1 of the Criminal Code of 2012,
12 teacher, scout leader, baby sitter, or day care worker, in
13 relation to a victim under 18 years of age, and the
14 defendant committed an offense in violation of Section
15 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
16 11-14.4 except for an offense that involves keeping a
17 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
18 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
19 or 12-16 of the Criminal Code of 1961 or the Criminal Code
20 of 2012 against that victim;
21 (15) the defendant committed an offense related to the
22 activities of an organized gang. For the purposes of this
23 factor, "organized gang" has the meaning ascribed to it in
24 Section 10 of the Streetgang Terrorism Omnibus Prevention
25 Act;
26 (16) the defendant committed an offense in violation

HB4498- 388 -LRB102 22839 RLC 31990 b
1 of one of the following Sections while in a school,
2 regardless of the time of day or time of year; on any
3 conveyance owned, leased, or contracted by a school to
4 transport students to or from school or a school related
5 activity; on the real property of a school; or on a public
6 way within 1,000 feet of the real property comprising any
7 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
8 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
9 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
10 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
11 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
12 for subdivision (a)(4) or (g)(1), of the Criminal Code of
13 1961 or the Criminal Code of 2012;
14 (16.5) the defendant committed an offense in violation
15 of one of the following Sections while in a day care
16 center, regardless of the time of day or time of year; on
17 the real property of a day care center, regardless of the
18 time of day or time of year; or on a public way within
19 1,000 feet of the real property comprising any day care
20 center, regardless of the time of day or time of year:
21 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
22 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
23 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
24 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
25 18-2, or 33A-2, or Section 12-3.05 except for subdivision
26 (a)(4) or (g)(1), of the Criminal Code of 1961 or the

HB4498- 389 -LRB102 22839 RLC 31990 b
1 Criminal Code of 2012;
2 (17) the defendant committed the offense by reason of
3 any person's activity as a community policing volunteer or
4 to prevent any person from engaging in activity as a
5 community policing volunteer. For the purpose of this
6 Section, "community policing volunteer" has the meaning
7 ascribed to it in Section 2-3.5 of the Criminal Code of
8 2012;
9 (18) the defendant committed the offense in a nursing
10 home or on the real property comprising a nursing home.
11 For the purposes of this paragraph (18), "nursing home"
12 means a skilled nursing or intermediate long term care
13 facility that is subject to license by the Illinois
14 Department of Public Health under the Nursing Home Care
15 Act, the Specialized Mental Health Rehabilitation Act of
16 2013, the ID/DD Community Care Act, or the MC/DD Act;
17 (19) the defendant was a federally licensed firearm
18 dealer and was previously convicted of a violation of
19 subsection (a) of Section 3 of the Firearm Owners
20 Identification Card Act and has now committed either a
21 felony violation of the Firearm Owners Identification Card
22 Act or an act of armed violence while armed with a firearm;
23 (20) the defendant (i) committed the offense of
24 reckless homicide under Section 9-3 of the Criminal Code
25 of 1961 or the Criminal Code of 2012 or the offense of
26 driving under the influence of alcohol, other drug or

HB4498- 390 -LRB102 22839 RLC 31990 b
1 drugs, intoxicating compound or compounds or any
2 combination thereof under Section 11-501 of the Illinois
3 Vehicle Code or a similar provision of a local ordinance
4 and (ii) was operating a motor vehicle in excess of 20
5 miles per hour over the posted speed limit as provided in
6 Article VI of Chapter 11 of the Illinois Vehicle Code;
7 (21) the defendant (i) committed the offense of
8 reckless driving or aggravated reckless driving under
9 Section 11-503 of the Illinois Vehicle Code and (ii) was
10 operating a motor vehicle in excess of 20 miles per hour
11 over the posted speed limit as provided in Article VI of
12 Chapter 11 of the Illinois Vehicle Code;
13 (22) the defendant committed the offense against a
14 person that the defendant knew, or reasonably should have
15 known, was a member of the Armed Forces of the United
16 States serving on active duty. For purposes of this clause
17 (22), the term "Armed Forces" means any of the Armed
18 Forces of the United States, including a member of any
19 reserve component thereof or National Guard unit called to
20 active duty;
21 (23) the defendant committed the offense against a
22 person who was elderly or infirm or who was a person with a
23 disability by taking advantage of a family or fiduciary
24 relationship with the elderly or infirm person or person
25 with a disability;
26 (24) the defendant committed any offense under Section

HB4498- 391 -LRB102 22839 RLC 31990 b
1 11-20.1 of the Criminal Code of 1961 or the Criminal Code
2 of 2012 and possessed 100 or more images;
3 (25) the defendant committed the offense while the
4 defendant or the victim was in a train, bus, or other
5 vehicle used for public transportation;
6 (26) the defendant committed the offense of child
7 pornography or aggravated child pornography, specifically
8 including paragraph (1), (2), (3), (4), (5), or (7) of
9 subsection (a) of Section 11-20.1 of the Criminal Code of
10 1961 or the Criminal Code of 2012 where a child engaged in,
11 solicited for, depicted in, or posed in any act of sexual
12 penetration or bound, fettered, or subject to sadistic,
13 masochistic, or sadomasochistic abuse in a sexual context
14 and specifically including paragraph (1), (2), (3), (4),
15 (5), or (7) of subsection (a) of Section 11-20.1B or
16 Section 11-20.3 of the Criminal Code of 1961 where a child
17 engaged in, solicited for, depicted in, or posed in any
18 act of sexual penetration or bound, fettered, or subject
19 to sadistic, masochistic, or sadomasochistic abuse in a
20 sexual context;
21 (27) the defendant committed the offense of first
22 degree murder, assault, aggravated assault, battery,
23 aggravated battery, robbery, armed robbery, or aggravated
24 robbery against a person who was a veteran and the
25 defendant knew, or reasonably should have known, that the
26 person was a veteran performing duties as a representative

HB4498- 392 -LRB102 22839 RLC 31990 b
1 of a veterans' organization. For the purposes of this
2 paragraph (27), "veteran" means an Illinois resident who
3 has served as a member of the United States Armed Forces, a
4 member of the Illinois National Guard, or a member of the
5 United States Reserve Forces; and "veterans' organization"
6 means an organization comprised of members of which
7 substantially all are individuals who are veterans or
8 spouses, widows, or widowers of veterans, the primary
9 purpose of which is to promote the welfare of its members
10 and to provide assistance to the general public in such a
11 way as to confer a public benefit;
12 (28) the defendant committed the offense of assault,
13 aggravated assault, battery, aggravated battery, robbery,
14 armed robbery, or aggravated robbery against a person that
15 the defendant knew or reasonably should have known was a
16 letter carrier or postal worker while that person was
17 performing his or her duties delivering mail for the
18 United States Postal Service;
19 (29) the defendant committed the offense of criminal
20 sexual assault, aggravated criminal sexual assault,
21 criminal sexual abuse, or aggravated criminal sexual abuse
22 against a victim with an intellectual disability, and the
23 defendant holds a position of trust, authority, or
24 supervision in relation to the victim;
25 (30) the defendant committed the offense of promoting
26 juvenile prostitution, patronizing a prostitute, or

HB4498- 393 -LRB102 22839 RLC 31990 b
1 patronizing a minor engaged in prostitution and at the
2 time of the commission of the offense knew that the
3 prostitute or minor engaged in prostitution was in the
4 custody or guardianship of the Department of Children and
5 Family Services;
6 (31) the defendant (i) committed the offense of
7 driving while under the influence of alcohol, other drug
8 or drugs, intoxicating compound or compounds or any
9 combination thereof in violation of Section 11-501 of the
10 Illinois Vehicle Code or a similar provision of a local
11 ordinance and (ii) the defendant during the commission of
12 the offense was driving his or her vehicle upon a roadway
13 designated for one-way traffic in the opposite direction
14 of the direction indicated by official traffic control
15 devices;
16 (32) the defendant committed the offense of reckless
17 homicide while committing a violation of Section 11-907 of
18 the Illinois Vehicle Code;
19 (33) the defendant was found guilty of an
20 administrative infraction related to an act or acts of
21 public indecency or sexual misconduct in the penal
22 institution. In this paragraph (33), "penal institution"
23 has the same meaning as in Section 2-14 of the Criminal
24 Code of 2012; or
25 (34) the defendant committed the offense of leaving
26 the scene of an accident in violation of subsection (b) of

HB4498- 394 -LRB102 22839 RLC 31990 b
1 Section 11-401 of the Illinois Vehicle Code and the
2 accident resulted in the death of a person and at the time
3 of the offense, the defendant was: (i) driving under the
4 influence of alcohol, other drug or drugs, intoxicating
5 compound or compounds or any combination thereof as
6 defined by Section 11-501 of the Illinois Vehicle Code; or
7 (ii) operating the motor vehicle while using an electronic
8 communication device as defined in Section 12-610.2 of the
9 Illinois Vehicle Code.
10 For the purposes of this Section:
11 "School" is defined as a public or private elementary or
12secondary school, community college, college, or university.
13 "Day care center" means a public or private State
14certified and licensed day care center as defined in Section
152.09 of the Child Care Act of 1969 that displays a sign in
16plain view stating that the property is a day care center.
17 "Intellectual disability" means significantly subaverage
18intellectual functioning which exists concurrently with
19impairment in adaptive behavior.
20 "Public transportation" means the transportation or
21conveyance of persons by means available to the general
22public, and includes paratransit services.
23 "Traffic control devices" means all signs, signals,
24markings, and devices that conform to the Illinois Manual on
25Uniform Traffic Control Devices, placed or erected by
26authority of a public body or official having jurisdiction,

HB4498- 395 -LRB102 22839 RLC 31990 b
1for the purpose of regulating, warning, or guiding traffic.
2 (b) The following factors, related to all felonies, may be
3considered by the court as reasons to impose an extended term
4sentence under Section 5-8-2 upon any offender:
5 (1) When a defendant is convicted of any felony, after
6 having been previously convicted in Illinois or any other
7 jurisdiction of the same or similar class felony or
8 greater class felony, when such conviction has occurred
9 within 10 years after the previous conviction, excluding
10 time spent in custody, and such charges are separately
11 brought and tried and arise out of different series of
12 acts; or
13 (2) When a defendant is convicted of any felony and
14 the court finds that the offense was accompanied by
15 exceptionally brutal or heinous behavior indicative of
16 wanton cruelty; or
17 (3) When a defendant is convicted of any felony
18 committed against:
19 (i) a person under 12 years of age at the time of
20 the offense or such person's property;
21 (ii) a person 60 years of age or older at the time
22 of the offense or such person's property; or
23 (iii) a person who had a physical disability at
24 the time of the offense or such person's property; or
25 (4) When a defendant is convicted of any felony and
26 the offense involved any of the following types of

HB4498- 396 -LRB102 22839 RLC 31990 b
1 specific misconduct committed as part of a ceremony, rite,
2 initiation, observance, performance, practice or activity
3 of any actual or ostensible religious, fraternal, or
4 social group:
5 (i) the brutalizing or torturing of humans or
6 animals;
7 (ii) the theft of human corpses;
8 (iii) the kidnapping of humans;
9 (iv) the desecration of any cemetery, religious,
10 fraternal, business, governmental, educational, or
11 other building or property; or
12 (v) ritualized abuse of a child; or
13 (5) When a defendant is convicted of a felony other
14 than conspiracy and the court finds that the felony was
15 committed under an agreement with 2 or more other persons
16 to commit that offense and the defendant, with respect to
17 the other individuals, occupied a position of organizer,
18 supervisor, financier, or any other position of management
19 or leadership, and the court further finds that the felony
20 committed was related to or in furtherance of the criminal
21 activities of an organized gang or was motivated by the
22 defendant's leadership in an organized gang; or
23 (6) When a defendant is convicted of an offense
24 committed while using a firearm with a laser sight
25 attached to it. For purposes of this paragraph, "laser
26 sight" has the meaning ascribed to it in Section 26-7 of

HB4498- 397 -LRB102 22839 RLC 31990 b
1 the Criminal Code of 2012; or
2 (7) When a defendant who was at least 17 years of age
3 at the time of the commission of the offense is convicted
4 of a felony and has been previously adjudicated a
5 delinquent minor under the Juvenile Court Act of 1987 for
6 an act that if committed by an adult would be a Class X or
7 Class 1 felony when the conviction has occurred within 10
8 years after the previous adjudication, excluding time
9 spent in custody; or
10 (8) When a defendant commits any felony and the
11 defendant used, possessed, exercised control over, or
12 otherwise directed an animal to assault a law enforcement
13 officer engaged in the execution of his or her official
14 duties or in furtherance of the criminal activities of an
15 organized gang in which the defendant is engaged; or
16 (9) When a defendant commits any felony and the
17 defendant knowingly video or audio records the offense
18 with the intent to disseminate the recording.
19 (c) The following factors may be considered by the court
20as reasons to impose an extended term sentence under Section
215-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
22offenses:
23 (1) When a defendant is convicted of first degree
24 murder, after having been previously convicted in Illinois
25 of any offense listed under paragraph (c)(2) of Section
26 5-5-3 (730 ILCS 5/5-5-3), when that conviction has

HB4498- 398 -LRB102 22839 RLC 31990 b
1 occurred within 10 years after the previous conviction,
2 excluding time spent in custody, and the charges are
3 separately brought and tried and arise out of different
4 series of acts.
5 (1.5) When a defendant is convicted of first degree
6 murder, after having been previously convicted of domestic
7 battery (720 ILCS 5/12-3.2) or aggravated domestic battery
8 (720 ILCS 5/12-3.3) committed on the same victim or after
9 having been previously convicted of violation of an order
10 of protection (720 ILCS 5/12-30) in which the same victim
11 was the protected person.
12 (2) When a defendant is convicted of voluntary
13 manslaughter, second degree murder, involuntary
14 manslaughter, or reckless homicide in which the defendant
15 has been convicted of causing the death of more than one
16 individual.
17 (3) When a defendant is convicted of aggravated
18 criminal sexual assault or criminal sexual assault, when
19 there is a finding that aggravated criminal sexual assault
20 or criminal sexual assault was also committed on the same
21 victim by one or more other individuals, and the defendant
22 voluntarily participated in the crime with the knowledge
23 of the participation of the others in the crime, and the
24 commission of the crime was part of a single course of
25 conduct during which there was no substantial change in
26 the nature of the criminal objective.

HB4498- 399 -LRB102 22839 RLC 31990 b
1 (4) If the victim was under 18 years of age at the time
2 of the commission of the offense, when a defendant is
3 convicted of aggravated criminal sexual assault or
4 predatory criminal sexual assault of a child under
5 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
6 of Section 12-14.1 of the Criminal Code of 1961 or the
7 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
8 (5) When a defendant is convicted of a felony
9 violation of Section 24-1 of the Criminal Code of 1961 or
10 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
11 finding that the defendant is a member of an organized
12 gang.
13 (6) When a defendant was convicted of unlawful use of
14 weapons under Section 24-1 of the Criminal Code of 1961 or
15 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
16 a weapon that is not readily distinguishable as one of the
17 weapons enumerated in Section 24-1 of the Criminal Code of
18 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
19 (7) When a defendant is convicted of an offense
20 involving the illegal manufacture of a controlled
21 substance under Section 401 of the Illinois Controlled
22 Substances Act (720 ILCS 570/401), the illegal manufacture
23 of methamphetamine under Section 25 of the Methamphetamine
24 Control and Community Protection Act (720 ILCS 646/25), or
25 the illegal possession of explosives and an emergency
26 response officer in the performance of his or her duties

HB4498- 400 -LRB102 22839 RLC 31990 b
1 is killed or injured at the scene of the offense while
2 responding to the emergency caused by the commission of
3 the offense. In this paragraph, "emergency" means a
4 situation in which a person's life, health, or safety is
5 in jeopardy; and "emergency response officer" means a
6 peace officer, community policing volunteer, fireman,
7 emergency medical technician-ambulance, emergency medical
8 technician-intermediate, emergency medical
9 technician-paramedic, ambulance driver, other medical
10 assistance or first aid personnel, or hospital emergency
11 room personnel.
12 (8) When the defendant is convicted of attempted mob
13 action, solicitation to commit mob action, or conspiracy
14 to commit mob action under Section 8-1, 8-2, or 8-4 of the
15 Criminal Code of 2012, where the criminal object is a
16 violation of Section 25-1 of the Criminal Code of 2012,
17 and an electronic communication is used in the commission
18 of the offense. For the purposes of this paragraph (8),
19 "electronic communication" shall have the meaning provided
20 in Section 26.5-0.1 of the Criminal Code of 2012.
21 (d) For the purposes of this Section, "organized gang" has
22the meaning ascribed to it in Section 10 of the Illinois
23Streetgang Terrorism Omnibus Prevention Act.
24 (e) The court may impose an extended term sentence under
25Article 4.5 of Chapter V upon an offender who has been
26convicted of a felony violation of Section 11-1.20, 11-1.30,

HB4498- 401 -LRB102 22839 RLC 31990 b
111-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
212-16 of the Criminal Code of 1961 or the Criminal Code of 2012
3when the victim of the offense is under 18 years of age at the
4time of the commission of the offense and, during the
5commission of the offense, the victim was under the influence
6of alcohol, regardless of whether or not the alcohol was
7supplied by the offender; and the offender, at the time of the
8commission of the offense, knew or should have known that the
9victim had consumed alcohol.
10(Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20;
11101-401, eff. 1-1-20; 101-417, eff. 1-1-20; 101-652, eff.
121-1-23; 102-558, eff. 8-20-21.)
13 (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
14 Sec. 5-6-4. Violation, Modification or Revocation of
15Probation, of Conditional Discharge or Supervision or of a
16sentence of county impact incarceration - Hearing.
17 (a) Except in cases where conditional discharge or
18supervision was imposed for a petty offense as defined in
19Section 5-1-17, when a petition is filed charging a violation
20of a condition, the court may:
21 (1) in the case of probation violations, order the
22 issuance of a notice to the offender to be present by the
23 County Probation Department or such other agency
24 designated by the court to handle probation matters; and
25 in the case of conditional discharge or supervision

HB4498- 402 -LRB102 22839 RLC 31990 b
1 violations, such notice to the offender shall be issued by
2 the Circuit Court Clerk; and in the case of a violation of
3 a sentence of county impact incarceration, such notice
4 shall be issued by the Sheriff;
5 (2) order a summons to the offender to be present for
6 hearing; or
7 (3) order a warrant for the offender's arrest where
8 there is danger of his fleeing the jurisdiction or causing
9 serious harm to others or when the offender fails to
10 answer a summons or notice from the clerk of the court or
11 Sheriff.
12 Personal service of the petition for violation of
13probation or the issuance of such warrant, summons or notice
14shall toll the period of probation, conditional discharge,
15supervision, or sentence of county impact incarceration until
16the final determination of the charge, and the term of
17probation, conditional discharge, supervision, or sentence of
18county impact incarceration shall not run until the hearing
19and disposition of the petition for violation.
20 (b) The court shall conduct a hearing of the alleged
21violation. The court shall admit the offender to pretrial
22release bail pending the hearing unless the alleged violation
23is itself a criminal offense in which case the offender shall
24be admitted to pretrial release bail on such terms as are
25provided in the Code of Criminal Procedure of 1963, as
26amended. In any case where an offender remains incarcerated

HB4498- 403 -LRB102 22839 RLC 31990 b
1only as a result of his alleged violation of the court's
2earlier order of probation, supervision, conditional
3discharge, or county impact incarceration such hearing shall
4be held within 14 days of the onset of said incarceration,
5unless the alleged violation is the commission of another
6offense by the offender during the period of probation,
7supervision or conditional discharge in which case such
8hearing shall be held within the time limits described in
9Section 103-5 of the Code of Criminal Procedure of 1963, as
10amended.
11 (c) The State has the burden of going forward with the
12evidence and proving the violation by the preponderance of the
13evidence. The evidence shall be presented in open court with
14the right of confrontation, cross-examination, and
15representation by counsel.
16 (d) Probation, conditional discharge, periodic
17imprisonment and supervision shall not be revoked for failure
18to comply with conditions of a sentence or supervision, which
19imposes financial obligations upon the offender unless such
20failure is due to his willful refusal to pay.
21 (e) If the court finds that the offender has violated a
22condition at any time prior to the expiration or termination
23of the period, it may continue him on the existing sentence,
24with or without modifying or enlarging the conditions, or may
25impose any other sentence that was available under Article 4.5
26of Chapter V of this Code or Section 11-501 of the Illinois

HB4498- 404 -LRB102 22839 RLC 31990 b
1Vehicle Code at the time of initial sentencing. If the court
2finds that the person has failed to successfully complete his
3or her sentence to a county impact incarceration program, the
4court may impose any other sentence that was available under
5Article 4.5 of Chapter V of this Code or Section 11-501 of the
6Illinois Vehicle Code at the time of initial sentencing,
7except for a sentence of probation or conditional discharge.
8If the court finds that the offender has violated paragraph
9(8.6) of subsection (a) of Section 5-6-3, the court shall
10revoke the probation of the offender. If the court finds that
11the offender has violated subsection (o) of Section 5-6-3.1,
12the court shall revoke the supervision of the offender.
13 (f) The conditions of probation, of conditional discharge,
14of supervision, or of a sentence of county impact
15incarceration may be modified by the court on motion of the
16supervising agency or on its own motion or at the request of
17the offender after notice and a hearing.
18 (g) A judgment revoking supervision, probation,
19conditional discharge, or a sentence of county impact
20incarceration is a final appealable order.
21 (h) Resentencing after revocation of probation,
22conditional discharge, supervision, or a sentence of county
23impact incarceration shall be under Article 4. The term on
24probation, conditional discharge or supervision shall not be
25credited by the court against a sentence of imprisonment or
26periodic imprisonment unless the court orders otherwise. The

HB4498- 405 -LRB102 22839 RLC 31990 b
1amount of credit to be applied against a sentence of
2imprisonment or periodic imprisonment when the defendant
3served a term or partial term of periodic imprisonment shall
4be calculated upon the basis of the actual days spent in
5confinement rather than the duration of the term.
6 (i) Instead of filing a violation of probation,
7conditional discharge, supervision, or a sentence of county
8impact incarceration, an agent or employee of the supervising
9agency with the concurrence of his or her supervisor may serve
10on the defendant a Notice of Intermediate Sanctions. The
11Notice shall contain the technical violation or violations
12involved, the date or dates of the violation or violations,
13and the intermediate sanctions to be imposed. Upon receipt of
14the Notice, the defendant shall immediately accept or reject
15the intermediate sanctions. If the sanctions are accepted,
16they shall be imposed immediately. If the intermediate
17sanctions are rejected or the defendant does not respond to
18the Notice, a violation of probation, conditional discharge,
19supervision, or a sentence of county impact incarceration
20shall be immediately filed with the court. The State's
21Attorney and the sentencing court shall be notified of the
22Notice of Sanctions. Upon successful completion of the
23intermediate sanctions, a court may not revoke probation,
24conditional discharge, supervision, or a sentence of county
25impact incarceration or impose additional sanctions for the
26same violation. A notice of intermediate sanctions may not be

HB4498- 406 -LRB102 22839 RLC 31990 b
1issued for any violation of probation, conditional discharge,
2supervision, or a sentence of county impact incarceration
3which could warrant an additional, separate felony charge. The
4intermediate sanctions shall include a term of home detention
5as provided in Article 8A of Chapter V of this Code for
6multiple or repeat violations of the terms and conditions of a
7sentence of probation, conditional discharge, or supervision.
8 (j) When an offender is re-sentenced after revocation of
9probation that was imposed in combination with a sentence of
10imprisonment for the same offense, the aggregate of the
11sentences may not exceed the maximum term authorized under
12Article 4.5 of Chapter V.
13 (k)(1) On and after the effective date of this amendatory
14Act of the 101st General Assembly, this subsection (k) shall
15apply to arrest warrants in Cook County only. An arrest
16warrant issued under paragraph (3) of subsection (a) when the
17underlying conviction is for the offense of theft, retail
18theft, or possession of a controlled substance shall remain
19active for a period not to exceed 10 years from the date the
20warrant was issued unless a motion to extend the warrant is
21filed by the office of the State's Attorney or by, or on behalf
22of, the agency supervising the wanted person. A motion to
23extend the warrant shall be filed within one year before the
24warrant expiration date and notice shall be provided to the
25office of the sheriff.
26 (2) If a motion to extend a warrant issued under paragraph

HB4498- 407 -LRB102 22839 RLC 31990 b
1(3) of subsection (a) is not filed, the warrant shall be
2quashed and recalled as a matter of law under paragraph (1) of
3this subsection (k) and the wanted person's period of
4probation, conditional discharge, or supervision shall
5terminate unsatisfactorily as a matter of law.
6(Source: P.A. 101-406, eff. 1-1-20; 101-652.)
7 (730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1)
8 Sec. 5-6-4.1. Violation, Modification or Revocation of
9Conditional Discharge or Supervision - Hearing.)
10 (a) In cases where a defendant was placed upon supervision
11or conditional discharge for the commission of a petty
12offense, upon the oral or written motion of the State, or on
13the court's own motion, which charges that a violation of a
14condition of that conditional discharge or supervision has
15occurred, the court may:
16 (1) Conduct a hearing instanter if the offender is
17 present in court;
18 (2) Order the issuance by the court clerk of a notice
19 to the offender to be present for a hearing for violation;
20 (3) Order summons to the offender to be present; or
21 (4) Order a warrant for the offender's arrest.
22 The oral motion, if the defendant is present, or the
23issuance of such warrant, summons or notice shall toll the
24period of conditional discharge or supervision until the final
25determination of the charge, and the term of conditional

HB4498- 408 -LRB102 22839 RLC 31990 b
1discharge or supervision shall not run until the hearing and
2disposition of the petition for violation.
3 (b) The Court shall admit the offender to pretrial release
4bail pending the hearing.
5 (c) The State has the burden of going forward with the
6evidence and proving the violation by the preponderance of the
7evidence. The evidence shall be presented in open court with
8the right of confrontation, cross-examination, and
9representation by counsel.
10 (d) Conditional discharge or supervision shall not be
11revoked for failure to comply with the conditions of the
12discharge or supervision which imposed financial obligations
13upon the offender unless such failure is due to his wilful
14refusal to pay.
15 (e) If the court finds that the offender has violated a
16condition at any time prior to the expiration or termination
17of the period, it may continue him on the existing sentence or
18supervision with or without modifying or enlarging the
19conditions, or may impose any other sentence that was
20available under Article 4.5 of Chapter V of this Code or
21Section 11-501 of the Illinois Vehicle Code at the time of
22initial sentencing.
23 (f) The conditions of conditional discharge and of
24supervision may be modified by the court on motion of the
25probation officer or on its own motion or at the request of the
26offender after notice to the defendant and a hearing.

HB4498- 409 -LRB102 22839 RLC 31990 b
1 (g) A judgment revoking supervision is a final appealable
2order.
3 (h) Resentencing after revocation of conditional discharge
4or of supervision shall be under Article 4. Time served on
5conditional discharge or supervision shall be credited by the
6court against a sentence of imprisonment or periodic
7imprisonment unless the court orders otherwise.
8(Source: P.A. 95-1052, eff. 7-1-09; 101-652.)
9 (730 ILCS 5/5-8A-7)
10 Sec. 5-8A-7. Domestic violence surveillance program. If
11the Prisoner Review Board, Department of Corrections,
12Department of Juvenile Justice, or court (the supervising
13authority) orders electronic surveillance as a condition of
14parole, aftercare release, mandatory supervised release, early
15release, probation, or conditional discharge for a violation
16of an order of protection or as a condition of pretrial release
17bail for a person charged with a violation of an order of
18protection, the supervising authority shall use the best
19available global positioning technology to track domestic
20violence offenders. Best available technology must have
21real-time and interactive capabilities that facilitate the
22following objectives: (1) immediate notification to the
23supervising authority of a breach of a court ordered exclusion
24zone; (2) notification of the breach to the offender; and (3)
25communication between the supervising authority, law

HB4498- 410 -LRB102 22839 RLC 31990 b
1enforcement, and the victim, regarding the breach. The
2supervising authority may also require that the electronic
3surveillance ordered under this Section monitor the
4consumption of alcohol or drugs.
5(Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16;
6100-201, eff. 8-18-17; 101-652.)
7 (730 ILCS 5/8-2-1) (from Ch. 38, par. 1008-2-1)
8 Sec. 8-2-1. Saving Clause.
9 The repeal of Acts or parts of Acts enumerated in Section
108-5-1 does not: (1) affect any offense committed, act done,
11prosecution pending, penalty, punishment or forfeiture
12incurred, or rights, powers or remedies accrued under any law
13in effect immediately prior to the effective date of this
14Code; (2) impair, avoid, or affect any grant or conveyance
15made or right acquired or cause of action then existing under
16any such repealed Act or amendment thereto; (3) affect or
17impair the validity of any pretrial release bail or other bond
18or other obligation issued or sold and constituting a valid
19obligation of the issuing authority immediately prior to the
20effective date of this Code; (4) the validity of any contract;
21or (5) the validity of any tax levied under any law in effect
22prior to the effective date of this Code. The repeal of any
23validating Act or part thereof shall not avoid the effect of
24the validation. No Act repealed by Section 8-5-1 shall repeal
25any Act or part thereof which embraces the same or a similar

HB4498- 411 -LRB102 22839 RLC 31990 b
1subject matter as the Act repealed.
2(Source: P.A. 78-255; 101-652.)
3 Section 120. The Probation and Probation Officers Act is
4amended by changing Section 18 as follows:
5 (730 ILCS 110/18)
6 Sec. 18. Probation and court services departments
7considered pretrial services agencies. For the purposes of
8administering the provisions of Public Act 95-773, known as
9the Cindy Bischof Law, all probation and court services
10departments are to be considered pretrial services agencies
11under the Pretrial Services Act and under the pretrial release
12bail bond provisions of the Code of Criminal Procedure of
131963.
14(Source: P.A. 96-341, eff. 8-11-09; 101-652.)
15 Section 125. The County Jail Act is amended by changing
16Section 5 as follows:
17 (730 ILCS 125/5) (from Ch. 75, par. 105)
18 Sec. 5. Costs of maintaining prisoners.
19 (a) Except as provided in subsections (b) and (c), all
20costs of maintaining persons committed for violations of
21Illinois law, shall be the responsibility of the county.
22Except as provided in subsection (b), all costs of maintaining

HB4498- 412 -LRB102 22839 RLC 31990 b
1persons committed under any ordinance or resolution of a unit
2of local government, including medical costs, is the
3responsibility of the unit of local government enacting the
4ordinance or resolution, and arresting the person.
5 (b) If a person who is serving a term of mandatory
6supervised release for a felony is incarcerated in a county
7jail, the Illinois Department of Corrections shall pay the
8county in which that jail is located one-half of the cost of
9incarceration, as calculated by the Governor's Office of
10Management and Budget and the county's chief financial
11officer, for each day that the person remains in the county
12jail after notice of the incarceration is given to the
13Illinois Department of Corrections by the county, provided
14that (i) the Illinois Department of Corrections has issued a
15warrant for an alleged violation of mandatory supervised
16release by the person; (ii) if the person is incarcerated on a
17new charge, unrelated to the offense for which he or she is on
18mandatory supervised release, there has been a court hearing
19at which the conditions of pretrial release have bail has been
20set on the new charge; (iii) the county has notified the
21Illinois Department of Corrections that the person is
22incarcerated in the county jail, which notice shall not be
23given until the bail hearing has concluded, if the person is
24incarcerated on a new charge; and (iv) the person remains
25incarcerated in the county jail for more than 48 hours after
26the notice has been given to the Department of Corrections by

HB4498- 413 -LRB102 22839 RLC 31990 b
1the county. Calculation of the per diem cost shall be agreed
2upon prior to the passage of the annual State budget.
3 (c) If a person who is serving a term of mandatory
4supervised release is incarcerated in a county jail, following
5an arrest on a warrant issued by the Illinois Department of
6Corrections, solely for violation of a condition of mandatory
7supervised release and not on any new charges for a new
8offense, then the Illinois Department of Corrections shall pay
9the medical costs incurred by the county in securing treatment
10for that person, for any injury or condition other than one
11arising out of or in conjunction with the arrest of the person
12or resulting from the conduct of county personnel, while he or
13she remains in the county jail on the warrant issued by the
14Illinois Department of Corrections.
15(Source: P.A. 94-678, eff. 1-1-06; 94-1094, eff. 1-26-07;
16101-652.)
17 Section 130. The County Jail Good Behavior Allowance Act
18is amended by changing Section 3 as follows:
19 (730 ILCS 130/3) (from Ch. 75, par. 32)
20 Sec. 3. The good behavior of any person who commences a
21sentence of confinement in a county jail for a fixed term of
22imprisonment after January 1, 1987 shall entitle such person
23to a good behavior allowance, except that: (1) a person who
24inflicted physical harm upon another person in committing the

HB4498- 414 -LRB102 22839 RLC 31990 b
1offense for which he is confined shall receive no good
2behavior allowance; and (2) a person sentenced for an offense
3for which the law provides a mandatory minimum sentence shall
4not receive any portion of a good behavior allowance that
5would reduce the sentence below the mandatory minimum; and (3)
6a person sentenced to a county impact incarceration program;
7and (4) a person who is convicted of criminal sexual assault
8under subdivision (a)(3) of Section 11-1.20 or paragraph
9(a)(3) of Section 12-13 of the Criminal Code of 1961 or the
10Criminal Code of 2012, criminal sexual abuse, or aggravated
11criminal sexual abuse shall receive no good behavior
12allowance. The good behavior allowance provided for in this
13Section shall not apply to individuals sentenced for a felony
14to probation or conditional discharge where a condition of
15such probation or conditional discharge is that the individual
16serve a sentence of periodic imprisonment or to individuals
17sentenced under an order of court for civil contempt.
18 Such good behavior allowance shall be cumulative and
19awarded as provided in this Section.
20 The good behavior allowance rate shall be cumulative and
21awarded on the following basis:
22 The prisoner shall receive one day of good behavior
23allowance for each day of service of sentence in the county
24jail, and one day of good behavior allowance for each day of
25incarceration in the county jail before sentencing for the
26offense that he or she is currently serving sentence but was

HB4498- 415 -LRB102 22839 RLC 31990 b
1unable to comply with the conditions of pretrial release post
2bail before sentencing, except that a prisoner serving a
3sentence of periodic imprisonment under Section 5-7-1 of the
4Unified Code of Corrections shall only be eligible to receive
5good behavior allowance if authorized by the sentencing judge.
6Each day of good behavior allowance shall reduce by one day the
7prisoner's period of incarceration set by the court. For the
8purpose of calculating a prisoner's good behavior allowance, a
9fractional part of a day shall not be calculated as a day of
10service of sentence in the county jail unless the fractional
11part of the day is over 12 hours in which case a whole day
12shall be credited on the good behavior allowance.
13 If consecutive sentences are served and the time served
14amounts to a total of one year or more, the good behavior
15allowance shall be calculated on a continuous basis throughout
16the entire time served beginning on the first date of sentence
17or incarceration, as the case may be.
18(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13;
19101-652.)
20 Section 135. The Code of Civil Procedure is amended by
21changing Sections 10-106, 10-125, 10-127, 10-135, 10-136, and
2221-103 as follows:
23 (735 ILCS 5/10-106) (from Ch. 110, par. 10-106)
24 Sec. 10-106. Grant of relief - Penalty. Unless it shall

HB4498- 416 -LRB102 22839 RLC 31990 b
1appear from the complaint itself, or from the documents
2thereto annexed, that the party can neither be discharged,
3admitted to pretrial release bail nor otherwise relieved, the
4court shall forthwith award relief by habeas corpus. Any judge
5empowered to grant relief by habeas corpus who shall corruptly
6refuse to grant the relief when legally applied for in a case
7where it may lawfully be granted, or who shall for the purpose
8of oppression unreasonably delay the granting of such relief
9shall, for every such offense, forfeit to the prisoner or
10party affected a sum not exceeding $1,000.
11(Source: P.A. 83-707; 101-652.)
12 (735 ILCS 5/10-125) (from Ch. 110, par. 10-125)
13 Sec. 10-125. New commitment. In all cases where the
14imprisonment is for a criminal, or supposed criminal matter,
15if it appears to the court that there is sufficient legal cause
16for the commitment of the prisoner, although such commitment
17may have been informally made, or without due authority, or
18the process may have been executed by a person not duly
19authorized, the court shall make a new commitment in proper
20form, and direct it to the proper officer, or admit the party
21to pretrial release bail if the case is eligible for pretrial
22release bailable. The court shall also, when necessary, take
23the recognizance of all material witnesses against the
24prisoner, as in other cases. The recognizances shall be in the
25form provided by law, and returned as other recognizances. If

HB4498- 417 -LRB102 22839 RLC 31990 b
1any judge shall neglect or refuse to bind any such prisoner or
2witness by recognizance, or to return a recognizance when
3taken as hereinabove stated, he or she shall be guilty of a
4Class A misdemeanor in office, and be proceeded against
5accordingly.
6(Source: P.A. 82-280; 101-652.)
7 (735 ILCS 5/10-127) (from Ch. 110, par. 10-127)
8 Sec. 10-127. Grant of habeas corpus. It is not lawful for
9any court, on a second order of habeas corpus obtained by such
10prisoner, to discharge the prisoner, if he or she is clearly
11and specifically charged in the warrant of commitment with a
12criminal offense; but the court shall, on the return of such
13second order, have power only to admit such prisoner to
14pretrial release bail where the offense is eligible for
15pretrial release bailable by law, or remand him or her to
16prison where the offense is not eligible for pretrial release
17bailable, or being eligible for pretrial release bailable,
18where such prisoner fails to comply with the terms of pretrial
19release give the bail required.
20(Source: P.A. 82-280; 101-652.)
21 (735 ILCS 5/10-135) (from Ch. 110, par. 10-135)
22 Sec. 10-135. Habeas corpus to testify. The several courts
23having authority to grant relief by habeas corpus, may enter
24orders, when necessary, to bring before them any prisoner to

HB4498- 418 -LRB102 22839 RLC 31990 b
1testify, or to be surrendered in discharge of pretrial release
2bail, or for trial upon any criminal charge lawfully pending
3in the same court or to testify in a criminal proceeding in
4another state as provided for by Section 2 of the "Uniform Act
5to secure the attendance of witnesses from within or without a
6state in criminal proceedings", approved July 23, 1959, as
7heretofore or hereafter amended; and the order may be directed
8to any county in the State, and there be served and returned by
9any officer to whom it is directed.
10(Source: P.A. 82-280; 101-652.)
11 (735 ILCS 5/10-136) (from Ch. 110, par. 10-136)
12 Sec. 10-136. Prisoner remanded or punished. After a
13prisoner has given his or her testimony, or been surrendered,
14or his or her pretrial release bail discharged, or he or she
15has been tried for the crime with which he or she is charged,
16he or she shall be returned to the jail or other place of
17confinement from which he or she was taken for that purpose. If
18such prisoner is convicted of a crime punishable with death or
19imprisonment in the penitentiary, he or she may be punished
20accordingly; but in any case where the prisoner has been taken
21from the penitentiary, and his or her punishment is by
22imprisonment, the time of such imprisonment shall not commence
23to run until the expiration of the time of service under any
24former sentence.
25(Source: P.A. 82-280; 101-652.)

HB4498- 419 -LRB102 22839 RLC 31990 b
1 (735 ILCS 5/21-103)
2 (Text of Section before amendment by P.A. 101-652)
3 Sec. 21-103. Notice by publication.
4 (a) Previous notice shall be given of the intended
5application by publishing a notice thereof in some newspaper
6published in the municipality in which the person resides if
7the municipality is in a county with a population under
82,000,000, or if the person does not reside in a municipality
9in a county with a population under 2,000,000, or if no
10newspaper is published in the municipality or if the person
11resides in a county with a population of 2,000,000 or more,
12then in some newspaper published in the county where the
13person resides, or if no newspaper is published in that
14county, then in some convenient newspaper published in this
15State. The notice shall be inserted for 3 consecutive weeks
16after filing, the first insertion to be at least 6 weeks before
17the return day upon which the petition is to be heard, and
18shall be signed by the petitioner or, in case of a minor, the
19minor's parent or guardian, and shall set forth the return day
20of court on which the petition is to be heard and the name
21sought to be assumed.
22 (b) The publication requirement of subsection (a) shall
23not be required in any application for a change of name
24involving a minor if, before making judgment under this
25Article, reasonable notice and opportunity to be heard is

HB4498- 420 -LRB102 22839 RLC 31990 b
1given to any parent whose parental rights have not been
2previously terminated and to any person who has physical
3custody of the child. If any of these persons are outside this
4State, notice and opportunity to be heard shall be given under
5Section 21-104.
6 (b-3) The publication requirement of subsection (a) shall
7not be required in any application for a change of name
8involving a person who has received a judgment for dissolution
9of marriage or declaration of invalidity of marriage and
10wishes to change his or her name to resume the use of his or
11her former or maiden name.
12 (b-5) Upon motion, the court may issue an order directing
13that the notice and publication requirement be waived for a
14change of name involving a person who files with the court a
15written declaration that the person believes that publishing
16notice of the name change would put the person at risk of
17physical harm or discrimination. The person must provide
18evidence to support the claim that publishing notice of the
19name change would put the person at risk of physical harm or
20discrimination.
21 (c) The Director of the Illinois State Police or his or her
22designee may apply to the circuit court for an order directing
23that the notice and publication requirements of this Section
24be waived if the Director or his or her designee certifies that
25the name change being sought is intended to protect a witness
26during and following a criminal investigation or proceeding.

HB4498- 421 -LRB102 22839 RLC 31990 b
1 (c-1) The court may enter a written order waiving the
2publication requirement of subsection (a) if:
3 (i) the petitioner is 18 years of age or older; and
4 (ii) concurrent with the petition, the petitioner
5 files with the court a statement, verified under oath as
6 provided under Section 1-109 of this Code, attesting that
7 the petitioner is or has been a person protected under the
8 Illinois Domestic Violence Act of 1986, the Stalking No
9 Contact Order Act, the Civil No Contact Order Act, Article
10 112A of the Code of Criminal Procedure of 1963, a
11 condition of bail under subsections (b) through (d) of
12 Section 110-10 of the Code of Criminal Procedure of 1963,
13 or a similar provision of a law in another state or
14 jurisdiction.
15 The petitioner may attach to the statement any supporting
16documents, including relevant court orders.
17 (c-2) If the petitioner files a statement attesting that
18disclosure of the petitioner's address would put the
19petitioner or any member of the petitioner's family or
20household at risk or reveal the confidential address of a
21shelter for domestic violence victims, that address may be
22omitted from all documents filed with the court, and the
23petitioner may designate an alternative address for service.
24 (c-3) Court administrators may allow domestic abuse
25advocates, rape crisis advocates, and victim advocates to
26assist petitioners in the preparation of name changes under

HB4498- 422 -LRB102 22839 RLC 31990 b
1subsection (c-1).
2 (c-4) If the publication requirements of subsection (a)
3have been waived, the circuit court shall enter an order
4impounding the case.
5 (d) The maximum rate charged for publication of a notice
6under this Section may not exceed the lowest classified rate
7paid by commercial users for comparable space in the newspaper
8in which the notice appears and shall include all cash
9discounts, multiple insertion discounts, and similar benefits
10extended to the newspaper's regular customers.
11(Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20;
12102-538, eff. 8-20-21.)
13 (Text of Section after amendment by P.A. 101-652)
14 Sec. 21-103. Notice by publication.
15 (a) Previous notice shall be given of the intended
16application by publishing a notice thereof in some newspaper
17published in the municipality in which the person resides if
18the municipality is in a county with a population under
192,000,000, or if the person does not reside in a municipality
20in a county with a population under 2,000,000, or if no
21newspaper is published in the municipality or if the person
22resides in a county with a population of 2,000,000 or more,
23then in some newspaper published in the county where the
24person resides, or if no newspaper is published in that
25county, then in some convenient newspaper published in this

HB4498- 423 -LRB102 22839 RLC 31990 b
1State. The notice shall be inserted for 3 consecutive weeks
2after filing, the first insertion to be at least 6 weeks before
3the return day upon which the petition is to be heard, and
4shall be signed by the petitioner or, in case of a minor, the
5minor's parent or guardian, and shall set forth the return day
6of court on which the petition is to be heard and the name
7sought to be assumed.
8 (b) The publication requirement of subsection (a) shall
9not be required in any application for a change of name
10involving a minor if, before making judgment under this
11Article, reasonable notice and opportunity to be heard is
12given to any parent whose parental rights have not been
13previously terminated and to any person who has physical
14custody of the child. If any of these persons are outside this
15State, notice and opportunity to be heard shall be given under
16Section 21-104.
17 (b-3) The publication requirement of subsection (a) shall
18not be required in any application for a change of name
19involving a person who has received a judgment for dissolution
20of marriage or declaration of invalidity of marriage and
21wishes to change his or her name to resume the use of his or
22her former or maiden name.
23 (b-5) Upon motion, the court may issue an order directing
24that the notice and publication requirement be waived for a
25change of name involving a person who files with the court a
26written declaration that the person believes that publishing

HB4498- 424 -LRB102 22839 RLC 31990 b
1notice of the name change would put the person at risk of
2physical harm or discrimination. The person must provide
3evidence to support the claim that publishing notice of the
4name change would put the person at risk of physical harm or
5discrimination.
6 (c) The Director of the Illinois State Police or his or her
7designee may apply to the circuit court for an order directing
8that the notice and publication requirements of this Section
9be waived if the Director or his or her designee certifies that
10the name change being sought is intended to protect a witness
11during and following a criminal investigation or proceeding.
12 (c-1) The court may enter a written order waiving the
13publication requirement of subsection (a) if:
14 (i) the petitioner is 18 years of age or older; and
15 (ii) concurrent with the petition, the petitioner
16 files with the court a statement, verified under oath as
17 provided under Section 1-109 of this Code, attesting that
18 the petitioner is or has been a person protected under the
19 Illinois Domestic Violence Act of 1986, the Stalking No
20 Contact Order Act, the Civil No Contact Order Act, Article
21 112A of the Code of Criminal Procedure of 1963, a
22 condition of pretrial release bail under subsections (b)
23 through (d) of Section 110-10 of the Code of Criminal
24 Procedure of 1963, or a similar provision of a law in
25 another state or jurisdiction.
26 The petitioner may attach to the statement any supporting

HB4498- 425 -LRB102 22839 RLC 31990 b
1documents, including relevant court orders.
2 (c-2) If the petitioner files a statement attesting that
3disclosure of the petitioner's address would put the
4petitioner or any member of the petitioner's family or
5household at risk or reveal the confidential address of a
6shelter for domestic violence victims, that address may be
7omitted from all documents filed with the court, and the
8petitioner may designate an alternative address for service.
9 (c-3) Court administrators may allow domestic abuse
10advocates, rape crisis advocates, and victim advocates to
11assist petitioners in the preparation of name changes under
12subsection (c-1).
13 (c-4) If the publication requirements of subsection (a)
14have been waived, the circuit court shall enter an order
15impounding the case.
16 (d) The maximum rate charged for publication of a notice
17under this Section may not exceed the lowest classified rate
18paid by commercial users for comparable space in the newspaper
19in which the notice appears and shall include all cash
20discounts, multiple insertion discounts, and similar benefits
21extended to the newspaper's regular customers.
22(Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20;
23101-652, eff. 1-1-23; 102-538, eff. 8-20-21; revised
2410-12-21.)
25 Section 140. The Civil No Contact Order Act is amended by

HB4498- 426 -LRB102 22839 RLC 31990 b
1changing Section 220 as follows:
2 (740 ILCS 22/220)
3 Sec. 220. Enforcement of a civil no contact order.
4 (a) Nothing in this Act shall preclude any Illinois court
5from enforcing a valid protective order issued in another
6state.
7 (b) Illinois courts may enforce civil no contact orders
8through both criminal proceedings and civil contempt
9proceedings, unless the action which is second in time is
10barred by collateral estoppel or the constitutional
11prohibition against double jeopardy.
12 (b-1) The court shall not hold a school district or
13private or non-public school or any of its employees in civil
14or criminal contempt unless the school district or private or
15non-public school has been allowed to intervene.
16 (b-2) The court may hold the parents, guardian, or legal
17custodian of a minor respondent in civil or criminal contempt
18for a violation of any provision of any order entered under
19this Act for conduct of the minor respondent in violation of
20this Act if the parents, guardian, or legal custodian
21directed, encouraged, or assisted the respondent minor in such
22conduct.
23 (c) Criminal prosecution. A violation of any civil no
24contact order, whether issued in a civil or criminal
25proceeding, shall be enforced by a criminal court when the

HB4498- 427 -LRB102 22839 RLC 31990 b
1respondent commits the crime of violation of a civil no
2contact order pursuant to Section 219 by having knowingly
3violated:
4 (1) remedies described in Section 213 and included in
5 a civil no contact order; or
6 (2) a provision of an order, which is substantially
7 similar to provisions of Section 213, in a valid civil no
8 contact order which is authorized under the laws of
9 another state, tribe, or United States territory.
10 Prosecution for a violation of a civil no contact order
11shall not bar a concurrent prosecution for any other crime,
12including any crime that may have been committed at the time of
13the violation of the civil no contact order.
14 (d) Contempt of court. A violation of any valid Illinois
15civil no contact order, whether issued in a civil or criminal
16proceeding, may be enforced through civil or criminal contempt
17procedures, as appropriate, by any court with jurisdiction,
18regardless of where the act or acts which violated the civil no
19contact order were committed, to the extent consistent with
20the venue provisions of this Act.
21 (1) In a contempt proceeding where the petition for a
22 rule to show cause or petition for adjudication of
23 criminal contempt sets forth facts evidencing an immediate
24 danger that the respondent will flee the jurisdiction or
25 inflict physical abuse on the petitioner or minor children
26 or on dependent adults in the petitioner's care, the court

HB4498- 428 -LRB102 22839 RLC 31990 b
1 may order the attachment of the respondent without prior
2 service of the petition for a rule to show cause, the rule
3 to show cause, the petition for adjudication of criminal
4 contempt or the adjudication of criminal contempt.
5 Conditions of release Bond shall be set unless
6 specifically denied in writing.
7 (2) A petition for a rule to show cause or a petition
8 for adjudication of criminal contempt for violation of a
9 civil no contact order shall be treated as an expedited
10 proceeding.
11 (e) Actual knowledge. A civil no contact order may be
12enforced pursuant to this Section if the respondent violates
13the order after the respondent has actual knowledge of its
14contents as shown through one of the following means:
15 (1) by service, delivery, or notice under Section 208;
16 (2) by notice under Section 218;
17 (3) by service of a civil no contact order under
18 Section 218; or
19 (4) by other means demonstrating actual knowledge of
20 the contents of the order.
21 (f) The enforcement of a civil no contact order in civil or
22criminal court shall not be affected by either of the
23following:
24 (1) the existence of a separate, correlative order,
25 entered under Section 202; or
26 (2) any finding or order entered in a conjoined

HB4498- 429 -LRB102 22839 RLC 31990 b
1 criminal proceeding.
2 (g) Circumstances. The court, when determining whether or
3not a violation of a civil no contact order has occurred, shall
4not require physical manifestations of abuse on the person of
5the victim.
6 (h) Penalties.
7 (1) Except as provided in paragraph (3) of this
8 subsection, where the court finds the commission of a
9 crime or contempt of court under subsection (a) or (b) of
10 this Section, the penalty shall be the penalty that
11 generally applies in such criminal or contempt
12 proceedings, and may include one or more of the following:
13 incarceration, payment of restitution, a fine, payment of
14 attorneys' fees and costs, or community service.
15 (2) The court shall hear and take into account
16 evidence of any factors in aggravation or mitigation
17 before deciding an appropriate penalty under paragraph (1)
18 of this subsection.
19 (3) To the extent permitted by law, the court is
20 encouraged to:
21 (i) increase the penalty for the knowing violation
22 of any civil no contact order over any penalty
23 previously imposed by any court for respondent's
24 violation of any civil no contact order or penal
25 statute involving petitioner as victim and respondent
26 as defendant;

HB4498- 430 -LRB102 22839 RLC 31990 b
1 (ii) impose a minimum penalty of 24 hours
2 imprisonment for respondent's first violation of any
3 civil no contact order; and
4 (iii) impose a minimum penalty of 48 hours
5 imprisonment for respondent's second or subsequent
6 violation of a civil no contact order unless the court
7 explicitly finds that an increased penalty or that
8 period of imprisonment would be manifestly unjust.
9 (4) In addition to any other penalties imposed for a
10 violation of a civil no contact order, a criminal court
11 may consider evidence of any previous violations of a
12 civil no contact order:
13 (i) to increase, revoke or modify the conditions
14 of pretrial release bail bond on an underlying
15 criminal charge pursuant to Section 110-6 of the Code
16 of Criminal Procedure of 1963;
17 (ii) to revoke or modify an order of probation,
18 conditional discharge or supervision, pursuant to
19 Section 5-6-4 of the Unified Code of Corrections; or
20 (iii) to revoke or modify a sentence of periodic
21 imprisonment, pursuant to Section 5-7-2 of the Unified
22 Code of Corrections.
23(Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12;
24101-652.)
25 Section 145. The Illinois Domestic Violence Act of 1986 is

HB4498- 431 -LRB102 22839 RLC 31990 b
1amended by changing Sections 223 and 301 as follows:
2 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
3 Sec. 223. Enforcement of orders of protection.
4 (a) When violation is crime. A violation of any order of
5protection, whether issued in a civil or criminal proceeding,
6shall be enforced by a criminal court when:
7 (1) The respondent commits the crime of violation of
8 an order of protection pursuant to Section 12-3.4 or 12-30
9 of the Criminal Code of 1961 or the Criminal Code of 2012,
10 by having knowingly violated:
11 (i) remedies described in paragraphs (1), (2),
12 (3), (14), or (14.5) of subsection (b) of Section 214
13 of this Act; or
14 (ii) a remedy, which is substantially similar to
15 the remedies authorized under paragraphs (1), (2),
16 (3), (14), and (14.5) of subsection (b) of Section 214
17 of this Act, in a valid order of protection which is
18 authorized under the laws of another state, tribe, or
19 United States territory; or
20 (iii) any other remedy when the act constitutes a
21 crime against the protected parties as defined by the
22 Criminal Code of 1961 or the Criminal Code of 2012.
23 Prosecution for a violation of an order of protection
24 shall not bar concurrent prosecution for any other crime,
25 including any crime that may have been committed at the

HB4498- 432 -LRB102 22839 RLC 31990 b
1 time of the violation of the order of protection; or
2 (2) The respondent commits the crime of child
3 abduction pursuant to Section 10-5 of the Criminal Code of
4 1961 or the Criminal Code of 2012, by having knowingly
5 violated:
6 (i) remedies described in paragraphs (5), (6) or
7 (8) of subsection (b) of Section 214 of this Act; or
8 (ii) a remedy, which is substantially similar to
9 the remedies authorized under paragraphs (5), (6), or
10 (8) of subsection (b) of Section 214 of this Act, in a
11 valid order of protection which is authorized under
12 the laws of another state, tribe, or United States
13 territory.
14 (b) When violation is contempt of court. A violation of
15any valid Illinois order of protection, whether issued in a
16civil or criminal proceeding, may be enforced through civil or
17criminal contempt procedures, as appropriate, by any court
18with jurisdiction, regardless where the act or acts which
19violated the order of protection were committed, to the extent
20consistent with the venue provisions of this Act. Nothing in
21this Act shall preclude any Illinois court from enforcing any
22valid order of protection issued in another state. Illinois
23courts may enforce orders of protection through both criminal
24prosecution and contempt proceedings, unless the action which
25is second in time is barred by collateral estoppel or the
26constitutional prohibition against double jeopardy.

HB4498- 433 -LRB102 22839 RLC 31990 b
1 (1) In a contempt proceeding where the petition for a
2 rule to show cause sets forth facts evidencing an
3 immediate danger that the respondent will flee the
4 jurisdiction, conceal a child, or inflict physical abuse
5 on the petitioner or minor children or on dependent adults
6 in petitioner's care, the court may order the attachment
7 of the respondent without prior service of the rule to
8 show cause or the petition for a rule to show cause.
9 Conditions of release Bond shall be set unless
10 specifically denied in writing.
11 (2) A petition for a rule to show cause for violation
12 of an order of protection shall be treated as an expedited
13 proceeding.
14 (b-1) The court shall not hold a school district or
15private or non-public school or any of its employees in civil
16or criminal contempt unless the school district or private or
17non-public school has been allowed to intervene.
18 (b-2) The court may hold the parents, guardian, or legal
19custodian of a minor respondent in civil or criminal contempt
20for a violation of any provision of any order entered under
21this Act for conduct of the minor respondent in violation of
22this Act if the parents, guardian, or legal custodian
23directed, encouraged, or assisted the respondent minor in such
24conduct.
25 (c) Violation of custody or support orders or temporary or
26final judgments allocating parental responsibilities. A

HB4498- 434 -LRB102 22839 RLC 31990 b
1violation of remedies described in paragraphs (5), (6), (8),
2or (9) of subsection (b) of Section 214 of this Act may be
3enforced by any remedy provided by Section 607.5 of the
4Illinois Marriage and Dissolution of Marriage Act. The court
5may enforce any order for support issued under paragraph (12)
6of subsection (b) of Section 214 in the manner provided for
7under Parts V and VII of the Illinois Marriage and Dissolution
8of Marriage Act.
9 (d) Actual knowledge. An order of protection may be
10enforced pursuant to this Section if the respondent violates
11the order after the respondent has actual knowledge of its
12contents as shown through one of the following means:
13 (1) By service, delivery, or notice under Section 210.
14 (2) By notice under Section 210.1 or 211.
15 (3) By service of an order of protection under Section
16 222.
17 (4) By other means demonstrating actual knowledge of
18 the contents of the order.
19 (e) The enforcement of an order of protection in civil or
20criminal court shall not be affected by either of the
21following:
22 (1) The existence of a separate, correlative order,
23 entered under Section 215.
24 (2) Any finding or order entered in a conjoined
25 criminal proceeding.
26 (f) Circumstances. The court, when determining whether or

HB4498- 435 -LRB102 22839 RLC 31990 b
1not a violation of an order of protection has occurred, shall
2not require physical manifestations of abuse on the person of
3the victim.
4 (g) Penalties.
5 (1) Except as provided in paragraph (3) of this
6 subsection, where the court finds the commission of a
7 crime or contempt of court under subsections (a) or (b) of
8 this Section, the penalty shall be the penalty that
9 generally applies in such criminal or contempt
10 proceedings, and may include one or more of the following:
11 incarceration, payment of restitution, a fine, payment of
12 attorneys' fees and costs, or community service.
13 (2) The court shall hear and take into account
14 evidence of any factors in aggravation or mitigation
15 before deciding an appropriate penalty under paragraph (1)
16 of this subsection.
17 (3) To the extent permitted by law, the court is
18 encouraged to:
19 (i) increase the penalty for the knowing violation
20 of any order of protection over any penalty previously
21 imposed by any court for respondent's violation of any
22 order of protection or penal statute involving
23 petitioner as victim and respondent as defendant;
24 (ii) impose a minimum penalty of 24 hours
25 imprisonment for respondent's first violation of any
26 order of protection; and

HB4498- 436 -LRB102 22839 RLC 31990 b
1 (iii) impose a minimum penalty of 48 hours
2 imprisonment for respondent's second or subsequent
3 violation of an order of protection
4 unless the court explicitly finds that an increased
5 penalty or that period of imprisonment would be manifestly
6 unjust.
7 (4) In addition to any other penalties imposed for a
8 violation of an order of protection, a criminal court may
9 consider evidence of any violations of an order of
10 protection:
11 (i) to increase, revoke or modify the conditions
12 of pretrial release bail bond on an underlying
13 criminal charge pursuant to Section 110-6 of the Code
14 of Criminal Procedure of 1963;
15 (ii) to revoke or modify an order of probation,
16 conditional discharge or supervision, pursuant to
17 Section 5-6-4 of the Unified Code of Corrections;
18 (iii) to revoke or modify a sentence of periodic
19 imprisonment, pursuant to Section 5-7-2 of the Unified
20 Code of Corrections.
21 (5) In addition to any other penalties, the court
22 shall impose an additional fine of $20 as authorized by
23 Section 5-9-1.11 of the Unified Code of Corrections upon
24 any person convicted of or placed on supervision for a
25 violation of an order of protection. The additional fine
26 shall be imposed for each violation of this Section.

HB4498- 437 -LRB102 22839 RLC 31990 b
1(Source: P.A. 99-90, eff. 1-1-16; 101-652.)
2 (750 ILCS 60/301) (from Ch. 40, par. 2313-1)
3 (Text of Section before amendment by P.A. 101-652)
4 Sec. 301. Arrest without warrant.
5 (a) Any law enforcement officer may make an arrest without
6warrant if the officer has probable cause to believe that the
7person has committed or is committing any crime, including but
8not limited to violation of an order of protection, under
9Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
10Criminal Code of 2012, even if the crime was not committed in
11the presence of the officer.
12 (b) The law enforcement officer may verify the existence
13of an order of protection by telephone or radio communication
14with his or her law enforcement agency or by referring to the
15copy of the order, or order of protection described on a Hope
16Card under Section 219.5, provided by the petitioner or
17respondent.
18 (c) Any law enforcement officer may make an arrest without
19warrant if the officer has reasonable grounds to believe a
20defendant at liberty under the provisions of subdivision
21(d)(1) or (d)(2) of Section 110-10 of the Code of Criminal
22Procedure of 1963 has violated a condition of his or her bail
23bond or recognizance.
24(Source: P.A. 102-481, eff. 1-1-22.)

HB4498- 438 -LRB102 22839 RLC 31990 b
1 (Text of Section after amendment by P.A. 101-652)
2 Sec. 301. Arrest without warrant.
3 (a) Any law enforcement officer may make an arrest without
4warrant if the officer has probable cause to believe that the
5person has committed or is committing any crime, including but
6not limited to violation of an order of protection, under
7Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
8Criminal Code of 2012, even if the crime was not committed in
9the presence of the officer.
10 (b) The law enforcement officer may verify the existence
11of an order of protection by telephone or radio communication
12with his or her law enforcement agency or by referring to the
13copy of the order, or order of protection described on a Hope
14Card under Section 219.5, provided by the petitioner or
15respondent.
16 (c) Any law enforcement officer may make an arrest without
17warrant if the officer has reasonable grounds to believe a
18defendant at liberty under the provisions of subdivision
19(d)(1) or (d)(2) of Section 110-10 of the Code of Criminal
20Procedure of 1963 has violated a condition of his or her
21pretrial release bail bond or recognizance.
22(Source: P.A. 101-652, eff. 1-1-23; 102-481, eff. 1-1-22;
23revised 10-14-21.)
24 Section 150. The Industrial and Linen Supplies Marking Law
25is amended by changing Section 11 as follows:

HB4498- 439 -LRB102 22839 RLC 31990 b
1 (765 ILCS 1045/11) (from Ch. 140, par. 111)
2 Sec. 11. Search warrant.
3 Whenever the registrant, or officer, or authorized agent
4of any firm, partnership or corporation which is a registrant
5under this Act, takes an oath before any circuit court, that he
6has reason to believe that any supplies are being unlawfully
7used, sold, or secreted in any place, the court shall issue a
8search warrant to any police officer authorizing such officer
9to search the premises wherein it is alleged such articles may
10be found and take into custody any person in whose possession
11the articles are found. Any person so seized shall be taken
12without unnecessary delay before the court issuing the search
13warrant. The court is empowered to impose conditions of
14pretrial release bail on any such person to compel his
15attendance at any continued hearing.
16(Source: P.A. 77-1273; 101-652.)
17 Section 155. The Illinois Torture Inquiry and Relief
18Commission Act is amended by changing Section 50 as follows:
19 (775 ILCS 40/50)
20 Sec. 50. Post-commission judicial review.
21 (a) If the Commission concludes there is sufficient
22evidence of torture to merit judicial review, the Chair of the
23Commission shall request the Chief Judge of the Circuit Court

HB4498- 440 -LRB102 22839 RLC 31990 b
1of Cook County for assignment to a trial judge for
2consideration. The court may receive proof by affidavits,
3depositions, oral testimony, or other evidence. In its
4discretion the court may order the petitioner brought before
5the court for the hearing. Notwithstanding the status of any
6other postconviction proceedings relating to the petitioner,
7if the court finds in favor of the petitioner, it shall enter
8an appropriate order with respect to the judgment or sentence
9in the former proceedings and such supplementary orders as to
10rearraignment, retrial, custody, pretrial release bail or
11discharge, or for such relief as may be granted under a
12petition for a certificate of innocence, as may be necessary
13and proper.
14 (b) The State's Attorney, or the State's Attorney's
15designee, shall represent the State at the hearing before the
16assigned judge.
17(Source: P.A. 96-223, eff. 8-10-09; 101-652.)
18 Section 160. The Unemployment Insurance Act is amended by
19changing Section 602 as follows:
20 (820 ILCS 405/602) (from Ch. 48, par. 432)
21 Sec. 602. Discharge for misconduct - Felony.
22 A. An individual shall be ineligible for benefits for the
23week in which he has been discharged for misconduct connected
24with his work and, thereafter, until he has become reemployed

HB4498- 441 -LRB102 22839 RLC 31990 b
1and has had earnings equal to or in excess of his current
2weekly benefit amount in each of four calendar weeks which are
3either for services in employment, or have been or will be
4reported pursuant to the provisions of the Federal Insurance
5Contributions Act by each employing unit for which such
6services are performed and which submits a statement
7certifying to that fact. The requalification requirements of
8the preceding sentence shall be deemed to have been satisfied,
9as of the date of reinstatement, if, subsequent to his
10discharge by an employing unit for misconduct connected with
11his work, such individual is reinstated by such employing
12unit. For purposes of this subsection, the term "misconduct"
13means the deliberate and willful violation of a reasonable
14rule or policy of the employing unit, governing the
15individual's behavior in performance of his work, provided
16such violation has harmed the employing unit or other
17employees or has been repeated by the individual despite a
18warning or other explicit instruction from the employing unit.
19The previous definition notwithstanding, "misconduct" shall
20include any of the following work-related circumstances:
21 1. Falsification of an employment application, or any
22 other documentation provided to the employer, to obtain
23 employment through subterfuge.
24 2. Failure to maintain licenses, registrations, and
25 certifications reasonably required by the employer, or
26 those that the individual is required to possess by law,

HB4498- 442 -LRB102 22839 RLC 31990 b
1 to perform his or her regular job duties, unless the
2 failure is not within the control of the individual.
3 3. Knowing, repeated violation of the attendance
4 policies of the employer that are in compliance with State
5 and federal law following a written warning for an
6 attendance violation, unless the individual can
7 demonstrate that he or she has made a reasonable effort to
8 remedy the reason or reasons for the violations or that
9 the reason or reasons for the violations were out of the
10 individual's control. Attendance policies of the employer
11 shall be reasonable and provided to the individual in
12 writing, electronically, or via posting in the workplace.
13 4. Damaging the employer's property through conduct
14 that is grossly negligent.
15 5. Refusal to obey an employer's reasonable and lawful
16 instruction, unless the refusal is due to the lack of
17 ability, skills, or training for the individual required
18 to obey the instruction or the instruction would result in
19 an unsafe act.
20 6. Consuming alcohol or illegal or non-prescribed
21 prescription drugs, or using an impairing substance in an
22 off-label manner, on the employer's premises during
23 working hours in violation of the employer's policies.
24 7. Reporting to work under the influence of alcohol,
25 illegal or non-prescribed prescription drugs, or an
26 impairing substance used in an off-label manner in

HB4498- 443 -LRB102 22839 RLC 31990 b
1 violation of the employer's policies, unless the
2 individual is compelled to report to work by the employer
3 outside of scheduled and on-call working hours and informs
4 the employer that he or she is under the influence of
5 alcohol, illegal or non-prescribed prescription drugs, or
6 an impairing substance used in an off-label manner in
7 violation of the employer's policies.
8 8. Grossly negligent conduct endangering the safety of
9 the individual or co-workers.
10 For purposes of paragraphs 4 and 8, conduct is "grossly
11negligent" when the individual is, or reasonably should be,
12aware of a substantial risk that the conduct will result in the
13harm sought to be prevented and the conduct constitutes a
14substantial deviation from the standard of care a reasonable
15person would exercise in the situation.
16 Nothing in paragraph 6 or 7 prohibits the lawful use of
17over-the-counter drug products as defined in Section 206 of
18the Illinois Controlled Substances Act, provided that the
19medication does not affect the safe performance of the
20employee's work duties.
21 B. Notwithstanding any other provision of this Act, no
22benefit rights shall accrue to any individual based upon wages
23from any employer for service rendered prior to the day upon
24which such individual was discharged because of the commission
25of a felony in connection with his work, or because of theft in
26connection with his work, for which the employer was in no way

HB4498- 444 -LRB102 22839 RLC 31990 b
1responsible; provided, that the employer notified the Director
2of such possible ineligibility within the time limits
3specified by regulations of the Director, and that the
4individual has admitted his commission of the felony or theft
5to a representative of the Director, or has signed a written
6admission of such act and such written admission has been
7presented to a representative of the Director, or such act has
8resulted in a conviction or order of supervision by a court of
9competent jurisdiction; and provided further, that if by
10reason of such act, he is in legal custody, held on pretrial
11release bail or is a fugitive from justice, the determination
12of his benefit rights shall be held in abeyance pending the
13result of any legal proceedings arising therefrom.
14(Source: P.A. 99-488, eff. 1-3-16; 101-652.)
15 Section 995. No acceleration or delay. Where this Act
16makes changes in a statute that is represented in this Act by
17text that is not yet or no longer in effect (for example, a
18Section represented by multiple versions), the use of that
19text does not accelerate or delay the taking effect of (i) the
20changes made by this Act or (ii) provisions derived from any
21other Public Act.
22 Section 999. Effective date. This Act takes effect upon
23becoming law.

HB4498- 445 -LRB102 22839 RLC 31990 b
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 140/2.15
4 5 ILCS 160/4a
5 20 ILCS 2605/2605-302was 20 ILCS 2605/55a in part
6 50 ILCS 205/3b
7 55 ILCS 5/4-5001from Ch. 34, par. 4-5001
8 55 ILCS 5/4-12001from Ch. 34, par. 4-12001
9 55 ILCS 5/4-12001.1from Ch. 34, par. 4-12001.1
10 65 ILCS 5/1-2-12.1
11 110 ILCS 12/15
12 215 ILCS 5/143.19from Ch. 73, par. 755.19
13 215 ILCS 5/143.19.1from Ch. 73, par. 755.19.1
14 215 ILCS 5/205from Ch. 73, par. 817
15 230 ILCS 10/5.1from Ch. 120, par. 2405.1
16 625 ILCS 5/6-204from Ch. 95 1/2, par. 6-204
17 625 ILCS 5/6-308
18 625 ILCS 5/6-500from Ch. 95 1/2, par. 6-500
19 625 ILCS 5/6-601from Ch. 95 1/2, par. 6-601
20 625 ILCS 5/16-103from Ch. 95 1/2, par. 16-103
21 625 ILCS 40/5-7
22 705 ILCS 105/27.3bfrom Ch. 25, par. 27.3b
23 705 ILCS 205/9from Ch. 13, par. 9
24 705 ILCS 405/1-7
25 705 ILCS 405/1-8

HB4498- 446 -LRB102 22839 RLC 31990 b
1 705 ILCS 405/5-150
2 720 ILCS 5/26.5-5
3 720 ILCS 5/31-1from Ch. 38, par. 31-1
4 720 ILCS 5/31A-0.1
5 720 ILCS 5/32-10from Ch. 38, par. 32-10
6 720 ILCS 5/32-15
7 725 ILCS 5/102-6from Ch. 38, par. 102-6
8 725 ILCS 5/102-7from Ch. 38, par. 102-7
9 725 ILCS 5/103-5from Ch. 38, par. 103-5
10 725 ILCS 5/103-7from Ch. 38, par. 103-7
11 725 ILCS 5/103-9from Ch. 38, par. 103-9
12 725 ILCS 5/104-13from Ch. 38, par. 104-13
13 725 ILCS 5/104-17from Ch. 38, par. 104-17
14 725 ILCS 5/106D-1
15 725 ILCS 5/107-4from Ch. 38, par. 107-4
16 725 ILCS 5/107-9from Ch. 38, par. 107-9
17 725 ILCS 5/109-1from Ch. 38, par. 109-1
18 725 ILCS 5/109-2from Ch. 38, par. 109-2
19 725 ILCS 5/109-3from Ch. 38, par. 109-3
20 725 ILCS 5/109-3.1from Ch. 38, par. 109-3.1
21 725 ILCS 5/Art. 110
22 heading
23 725 ILCS 5/110-1from Ch. 38, par. 110-1
24 725 ILCS 5/110-2from Ch. 38, par. 110-2
25 725 ILCS 5/110-3from Ch. 38, par. 110-3
26 725 ILCS 5/110-4from Ch. 38, par. 110-4

HB4498- 447 -LRB102 22839 RLC 31990 b
1 725 ILCS 5/110-5from Ch. 38, par. 110-5
2 725 ILCS 5/110-5.2
3 725 ILCS 5/110-6from Ch. 38, par. 110-6
4 725 ILCS 5/110-6.1from Ch. 38, par. 110-6.1
5 725 ILCS 5/110-6.2from Ch. 38, par. 110-6.2
6 725 ILCS 5/110-6.4
7 725 ILCS 5/110-10from Ch. 38, par. 110-10
8 725 ILCS 5/110-11from Ch. 38, par. 110-11
9 725 ILCS 5/110-12from Ch. 38, par. 110-12
10 725 ILCS 5/111-2from Ch. 38, par. 111-2
11 725 ILCS 5/112A-23from Ch. 38, par. 112A-23
12 725 ILCS 5/114-1from Ch. 38, par. 114-1
13 725 ILCS 5/115-4.1from Ch. 38, par. 115-4.1
14 725 ILCS 5/122-6from Ch. 38, par. 122-6
15 725 ILCS 5/110-1.5 rep.
16 725 ILCS 5/110-6.3from Ch. 38, par. 110-6.3
17 725 ILCS 5/110-6.5
18 725 ILCS 5/110-7from Ch. 38, par. 110-7
19 725 ILCS 5/110-8from Ch. 38, par. 110-8
20 725 ILCS 5/110-9from Ch. 38, par. 110-9
21 725 ILCS 5/110-13from Ch. 38, par. 110-13
22 725 ILCS 5/110-14from Ch. 38, par. 110-14
23 725 ILCS 5/110-15from Ch. 38, par. 110-15
24 725 ILCS 5/110-16from Ch. 38, par. 110-16
25 725 ILCS 5/110-17from Ch. 38, par. 110-17
26 725 ILCS 5/110-18from Ch. 38, par. 110-18

HB4498- 448 -LRB102 22839 RLC 31990 b
1 725 ILCS 120/4from Ch. 38, par. 1404
2 725 ILCS 120/4.5
3 725 ILCS 185/11from Ch. 38, par. 311
4 725 ILCS 185/20from Ch. 38, par. 320
5 725 ILCS 185/22from Ch. 38, par. 322
6 725 ILCS 185/34
7 725 ILCS 195/Act title
8 725 ILCS 195/0.01from Ch. 16, par. 80
9 725 ILCS 195/1from Ch. 16, par. 81
10 725 ILCS 195/2from Ch. 16, par. 82
11 725 ILCS 195/3from Ch. 16, par. 83
12 725 ILCS 195/5from Ch. 16, par. 85
13 730 ILCS 5/5-3-2from Ch. 38, par. 1005-3-2
14 730 ILCS 5/5-5-3.2
15 730 ILCS 5/5-6-4from Ch. 38, par. 1005-6-4
16 730 ILCS 5/5-6-4.1from Ch. 38, par. 1005-6-4.1
17 730 ILCS 5/5-8A-7
18 730 ILCS 5/8-2-1from Ch. 38, par. 1008-2-1
19 730 ILCS 110/18
20 730 ILCS 125/5from Ch. 75, par. 105
21 730 ILCS 130/3from Ch. 75, par. 32
22 735 ILCS 5/10-106from Ch. 110, par. 10-106
23 735 ILCS 5/10-125from Ch. 110, par. 10-125
24 735 ILCS 5/10-127from Ch. 110, par. 10-127
25 735 ILCS 5/10-135from Ch. 110, par. 10-135
26 735 ILCS 5/10-136from Ch. 110, par. 10-136

HB4498- 449 -LRB102 22839 RLC 31990 b