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

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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

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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
HB4498 LRB102 22839 RLC 31990 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 2.15 as follows:
(5 ILCS 140/2.15)
Sec. 2.15. Arrest reports and criminal history records.
(a) Arrest reports. The following chronologically
maintained arrest and criminal history information maintained
by State or local criminal justice agencies shall be furnished
as soon as practical, but in no event later than 72 hours after
the arrest, notwithstanding the time limits otherwise provided
for in Section 3 of this Act: (i) information that identifies
the individual, including the name, age, address, and
photograph, when and if available; (ii) information detailing
any charges relating to the arrest; (iii) the time and
location of the arrest; (iv) the name of the investigating or
arresting law enforcement agency; (v) if the individual is
incarcerated, the conditions of pretrial release amount of any
bail or bond; and (vi) if the individual is incarcerated, the
time and date that the individual was received into,
discharged from, or transferred from the arresting agency's
custody.

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

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

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

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

HB4498 - 6 - LRB102 22839 RLC 31990 b
Section 15. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2605-302 as follows:
(20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part)
Sec. 2605-302. Arrest reports.
(a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
(1) Information that identifies the individual,
including the name, age, address, and photograph, when and
if available.
(2) Information detailing any charges relating to the
arrest.
(3) The time and location of the arrest.
(4) The name of the investigating or arresting law
enforcement agency.
(5) If the individual is incarcerated, the conditions
of pretrial release amount of any bail or bond.
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or
transferred from the arresting agency's custody.
(b) The information required by this Section must be made
available to the news media for inspection and copying as soon
as practicable, but in no event shall the time period exceed 72

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

HB4498 - 8 - LRB102 22839 RLC 31990 b
incorporates 92-335, eff. 8-10-01; 92-651, eff. 7-11-02;
101-652.)
Section 20. The Local Records Act is amended by changing
Section 3b as follows:
(50 ILCS 205/3b)
Sec. 3b. Arrest records and reports.
(a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
(1) Information that identifies the individual,
including the name, age, address, and photograph, when and
if available.
(2) Information detailing any charges relating to the
arrest.
(3) The time and location of the arrest.
(4) The name of the investigating or arresting law
enforcement agency.
(5) If the individual is incarcerated, the conditions
of pretrial release amount of any bail or bond.
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or
transferred from the arresting agency's custody.
(b) The information required by this Section must be made
available to the news media for inspection and copying as soon

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

HB4498 - 10 - LRB102 22839 RLC 31990 b
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(f) All information, including photographs, made available
under this Section is subject to the provisions of Section
2QQQ of the Consumer Fraud and Deceptive Business Practices
Act.
(Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16;
101-652.)
Section 25. The Counties Code is amended by changing
Sections 4-5001, 4-12001, and 4-12001.1 as follows:
(55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
Sec. 4-5001. Sheriffs; counties of first and second class.
The fees of sheriffs in counties of the first and second class,
except when increased by county ordinance under this Section,
shall be as follows:
For serving or attempting to serve summons on each
defendant in each county, $10.
For serving or attempting to serve an order or judgment
granting injunctive relief in each county, $10.
For serving or attempting to serve each garnishee in each
county, $10.
For serving or attempting to serve an order for replevin
in each county, $10.
For serving or attempting to serve an order for attachment

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

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

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

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

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

HB4498 - 16 - LRB102 22839 RLC 31990 b
101-652.)
(55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
Sec. 4-12001. Fees of sheriff in third class counties. The
officers herein named, in counties of the third class, shall
be entitled to receive the fees herein specified, for the
services mentioned and such other fees as may be provided by
law for such other services not herein designated.
Fees for Sheriff
For serving or attempting to serve any summons on each
defendant, $35.
For serving or attempting to serve each alias summons or
other process mileage will be charged as hereinafter provided
when the address for service differs from the address for
service on the original summons or other process.
For serving or attempting to serve all other process, on
each defendant, $35.
For serving or attempting to serve a subpoena on each
witness, $35.
For serving or attempting to serve each warrant, $35.
For serving or attempting to serve each garnishee, $35.
For summoning each juror, $10.
For serving or attempting to serve each order or judgment
for replevin, $35.
For serving or attempting to serve an order for
attachment, on each defendant, $35.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HB4498 - 40 - LRB102 22839 RLC 31990 b
insurer's estate.
(2) Within 120 days after the issuance of an Order of
Liquidation with a finding of insolvency against a domestic
company, the Director shall make application to the court
requesting authority to disburse funds to the Illinois
Insurance Guaranty Fund, the Illinois Life and Health
Insurance Guaranty Association, the Illinois Health
Maintenance Organization Guaranty Association, and similar
organizations in other states from time to time out of the
company's marshaled assets as funds become available in
amounts equal to disbursements made by the Illinois Insurance
Guaranty Fund, the Illinois Life and Health Insurance Guaranty
Association, the Illinois Health Maintenance Organization
Guaranty Association, and similar organizations in other
states for covered claims obligations on the presentation of
evidence that such disbursements have been made by the
Illinois Insurance Guaranty Fund, the Illinois Life and Health
Insurance Guaranty Association, the Illinois Health
Maintenance Organization Guaranty Association, and similar
organizations in other states.
The Director shall establish procedures for the ratable
allocation and distribution of disbursements to the Illinois
Insurance Guaranty Fund, the Illinois Life and Health
Insurance Guaranty Association, the Illinois Health
Maintenance Organization Guaranty Association, and similar
organizations in other states. In determining the amounts

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

HB4498 - 42 - LRB102 22839 RLC 31990 b
Section 45. The Illinois Gambling Act is amended by
changing Section 5.1 as follows:
(230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
Sec. 5.1. Disclosure of records.
(a) Notwithstanding any applicable statutory provision to
the contrary, the Board shall, on written request from any
person, provide information furnished by an applicant or
licensee concerning the applicant or licensee, his products,
services or gambling enterprises and his business holdings, as
follows:
(1) The name, business address and business telephone
number of any applicant or licensee.
(2) An identification of any applicant or licensee
including, if an applicant or licensee is not an
individual, the names and addresses of all stockholders
and directors, if the entity is a corporation; the names
and addresses of all members, if the entity is a limited
liability company; the names and addresses of all
partners, both general and limited, if the entity is a
partnership; and the names and addresses of all
beneficiaries, if the entity is a trust. If an applicant
or licensee has a pending registration statement filed
with the Securities and Exchange Commission, only the
names of those persons or entities holding interest of 5%
or more must be provided.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HB4498 - 66 - LRB102 22839 RLC 31990 b
her to drive.
(21.5) Medical variance. "Medical variance" means a driver
has received one of the following from the Federal Motor
Carrier Safety Administration which allows the driver to be
issued a medical certificate: (1) an exemption letter
permitting operation of a commercial motor vehicle pursuant to
49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
skill performance evaluation (SPE) certificate permitting
operation of a commercial motor vehicle pursuant to 49 C.F.R.
391.49.
(21.7) Mobile telephone. "Mobile telephone" means a mobile
communication device that falls under or uses any commercial
mobile radio service, as defined in regulations of the Federal
Communications Commission, 47 CFR 20.3. It does not include
two-way or citizens band radio services.
(22) Motor Vehicle. "Motor vehicle" means every vehicle
which is self-propelled, and every vehicle which is propelled
by electric power obtained from over head trolley wires but
not operated upon rails, except vehicles moved solely by human
power and motorized wheel chairs.
(22.2) Motor vehicle record. "Motor vehicle record" means
a report of the driving status and history of a driver
generated from the driver record provided to users, such as
drivers or employers, and is subject to the provisions of the
Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
(22.5) Non-CMV. "Non-CMV" means a motor vehicle or

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

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

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

HB4498 - 70 - LRB102 22839 RLC 31990 b
than a single button to initiate or terminate a voice
communication using a mobile telephone, or engaging in any
other form of electronic text retrieval or entry for
present or future communication.
(2) Texting does not include:
(i) inputting, selecting, or reading information
on a global positioning system or navigation system;
or
(ii) pressing a single button to initiate or
terminate a voice communication using a mobile
telephone; or
(iii) using a device capable of performing
multiple functions (for example, a fleet management
system, dispatching device, smart phone, citizens band
radio, or music player) for a purpose that is not
otherwise prohibited by Part 392 of the Federal Motor
Carrier Safety Regulations.
(32.3) Third party skills test examiner. "Third party
skills test examiner" means a person employed by a third party
tester who is authorized by the State to administer the CDL
skills tests specified in 49 C.F.R. Part 383, subparts G and H.
(32.5) Third party tester. "Third party tester" means a
person (including, but not limited to, another state, a motor
carrier, a private driver training facility or other private
institution, or a department, agency, or instrumentality of a
local government) authorized by the State to employ skills

HB4498 - 71 - LRB102 22839 RLC 31990 b
test examiners to administer the CDL skills tests specified in
49 C.F.R. Part 383, subparts G and H.
(32.7) United States. "United States" means the 50 states
and the District of Columbia.
(33) Use a hand-held mobile telephone. "Use a hand-held
mobile telephone" means:
(1) using at least one hand to hold a mobile telephone
to conduct a voice communication;
(2) dialing or answering a mobile telephone by
pressing more than a single button; or
(3) reaching for a mobile telephone in a manner that
requires a driver to maneuver so that he or she is no
longer in a seated driving position, restrained by a seat
belt that is installed in accordance with 49 CFR 393.93
and adjusted in accordance with the vehicle manufacturer's
instructions.
(Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20;
101-652.)
(625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
Sec. 6-601. Penalties.
(a) It is a petty offense for any person to violate any of
the provisions of this Chapter unless such violation is by
this Code or other law of this State declared to be a
misdemeanor or a felony.
(b) General penalties. Unless another penalty is in this

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HB4498 - 141 - LRB102 22839 RLC 31990 b
is not limited to, handcuff or security restraint key,
tool designed to pick locks, popper, or any device or
instrument used to or capable of unlocking or preventing
from locking any handcuff or security restraints, doors to
cells, rooms, gates or other areas of the penal
institution.
(x) "Cutting tool" means, but is not limited to,
hacksaw blade, wirecutter, or device, instrument or file
capable of cutting through metal.
(xi) "Electronic contraband" for the purposes of
Section 31A-1.1 of this Article means, but is not limited
to, any electronic, video recording device, computer, or
cellular communications equipment, including, but not
limited to, cellular telephones, cellular telephone
batteries, videotape recorders, pagers, computers, and
computer peripheral equipment brought into or possessed in
a penal institution without the written authorization of
the Chief Administrative Officer. "Electronic contraband"
for the purposes of Section 31A-1.2 of this Article,
means, but is not limited to, any electronic, video
recording device, computer, or cellular communications
equipment, including, but not limited to, cellular
telephones, cellular telephone batteries, videotape
recorders, pagers, computers, and computer peripheral
equipment.
"Penal institution" means any penitentiary, State farm,

HB4498 - 142 - LRB102 22839 RLC 31990 b
reformatory, prison, jail, house of correction, police
detention area, half-way house or other institution or place
for the incarceration or custody of persons under sentence for
offenses awaiting trial or sentence for offenses, under arrest
for an offense, a violation of probation, a violation of
parole, a violation of aftercare release, or a violation of
mandatory supervised release, or awaiting a bail setting
hearing on the setting of conditions of pretrial release or
preliminary hearing; provided that where the place for
incarceration or custody is housed within another public
building this Article shall not apply to that part of the
building unrelated to the incarceration or custody of persons.
(Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14;
101-652.)
(720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
Sec. 32-10. Violation of conditions of pretrial release
bail bond.
(a) Whoever, having been released pretrial under
conditions admitted to bail for appearance before any court of
this State, incurs a violation of conditions of pretrial
release forfeiture of the bail and knowingly fails to
surrender himself or herself within 30 days following the date
of the violation forfeiture, commits, if the conditions of
pretrial release bail was given in connection with a charge of
felony or pending appeal or certiorari after conviction of any

HB4498 - 143 - LRB102 22839 RLC 31990 b
offense, a felony of the next lower Class or a Class A
misdemeanor if the underlying offense was a Class 4 felony . If
the violation of pretrial conditions were made ; or, if the
bail was given in connection with a charge of committing a
misdemeanor, or for appearance as a witness, commits a
misdemeanor of the next lower Class, but not less than a Class
C misdemeanor.
(a-5) Any person who knowingly violates a condition of
pretrial release bail bond by possessing a firearm in
violation of his or her conditions of pretrial release bail
commits a Class 4 felony for a first violation and a Class 3
felony for a second or subsequent violation.
(b) Whoever, having been released pretrial under
conditions admitted to bail for appearance before any court of
this State, while charged with a criminal offense in which the
victim is a family or household member as defined in Article
112A of the Code of Criminal Procedure of 1963, knowingly
violates a condition of that release as set forth in Section
110-10, subsection (d) of the Code of Criminal Procedure of
1963, commits a Class A misdemeanor.
(c) Whoever, having been released pretrial under
conditions admitted to bail for appearance before any court of
this State for a felony, Class A misdemeanor or a criminal
offense in which the victim is a family or household member as
defined in Article 112A of the Code of Criminal Procedure of
1963, is charged with any other felony, Class A misdemeanor,

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

HB4498 - 145 - LRB102 22839 RLC 31990 b
surety or bail, the financial worth or standing of the person
proposed as surety or bail, or as to the number or total
penalties of all other bonds or recognizances signed by and
standing against the proposed surety or bail, or any person
who, having taken a lawful oath or made affirmation, shall
testify wilfully, corruptly and falsely as to any of said
matters for the purpose of inducing the approval of any such
conditions of pretrial release bail bond or recognizance; or
for the purpose of justifying on any such conditions of
pretrial release bail bond or recognizance, or who shall
suborn any other person to so swear, affirm or testify as
aforesaid, shall be deemed and adjudged guilty of perjury or
subornation of perjury (as the case may be) and punished
accordingly.
(Source: P.A. 97-1108, eff. 1-1-13; 101-652.)
Section 80. The Code of Criminal Procedure of 1963 is
amended by changing the heading of Article 110 and by changing
Sections 102-6, 102-7, 103-5, 103-7, 103-9, 104-13, 104-17,
106D-1, 107-4, 107-9, 109-1, 109-2, 109-3, 109-3.1, 110-1,
110-2, 110-3, 110-4, 110-5, 110-5.2, 110-6, 110-6.1, 110-6.2,
110-6.4, 110-10, 110-11, 110-12, 111-2, 112A-23, 114-1,
115-4.1, and 122-6 as follows:
(725 ILCS 5/102-6) (from Ch. 38, par. 102-6)
Sec. 102-6. Pretrial release "Bail".

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HB4498 - 175 - LRB102 22839 RLC 31990 b
any offense the judge shall discharge him.
(c) During the examination of any witness or when the
defendant is making a statement or testifying the judge may
and on the request of the defendant or State shall exclude all
other witnesses. He may also cause the witnesses to be kept
separate and to be prevented from communicating with each
other until all are examined.
(d) If the defendant is held to answer the judge may
require any material witness for the State or defendant to
enter into a written undertaking to appear at the trial, and
may provide for the forfeiture of a sum certain in the event
the witness does not appear at the trial. Any witness who
refuses to execute a recognizance may be committed by the
judge to the custody of the sheriff until trial or further
order of the court having jurisdiction of the cause. Any
witness who executes a recognizance and fails to comply with
its terms shall, in addition to any forfeiture provided in the
recognizance, be subject to the penalty provided in Section
32-10 of the Criminal Code of 2012 for violation of the
conditions of pretrial release bail bond.
(e) During preliminary hearing or examination the
defendant may move for an order of suppression of evidence
pursuant to Section 114-11 or 114-12 of this Act or for other
reasons, and may move for dismissal of the charge pursuant to
Section 114-1 of this Act or for other reasons.
(Source: P.A. 97-1150, eff. 1-25-13; 101-652.)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HB4498 - 206 - LRB102 22839 RLC 31990 b
under this subsection (f), the results of any risk evaluation
conducted and the other circumstances of the violation, the
court may order that the person, as a condition of bail, be
placed under electronic surveillance as provided in Section
5-8A-7 of the Unified Code of Corrections. Upon making a
determination whether or not to order the respondent to
undergo a risk assessment evaluation or to be placed under
electronic surveillance and risk assessment, the court shall
document in the record the court's reasons for making those
determinations. The cost of the electronic surveillance and
risk assessment shall be paid by, or on behalf, of the
defendant. As used in this subsection (f), "intimate partner"
means a spouse or a current or former partner in a cohabitation
or dating relationship.
(c) In cases of stalking or aggravated stalking under
Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
court may consider the following additional factors:
(1) Any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of that behavior. The evidence may
include testimony or documents received in juvenile
proceedings, criminal, quasi-criminal, civil commitment,
domestic relations or other proceedings;
(2) Any evidence of the defendant's psychological,
psychiatric or other similar social history that tends to
indicate a violent, abusive, or assaultive nature, or lack

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

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

HB4498 - 209 - LRB102 22839 RLC 31990 b
protect an identifiable person or persons from imminent threat
of serious physical harm.
(h) If the court imposes electronic monitoring, GPS
monitoring, or home confinement the court shall set forth in
the record the basis for its finding. A defendant shall be
given custodial credit for each day he or she was subjected to
that program, at the same rate described in subsection (b) of
Section 5-4.5-100 of the unified code of correction.
(i) If electronic monitoring, GPS monitoring, or home
confinement is imposed, the court shall determine every 60
days if no less restrictive condition of release or
combination of less restrictive conditions of release would
reasonably ensure the appearance, or continued appearance, of
the defendant for later hearings or protect an identifiable
person or persons from imminent threat of serious physical
harm. If the court finds that there are less restrictive
conditions of release, the court shall order that the
condition be removed.
(j) Crime Victims shall be given notice by the State's
Attorney's office of this hearing as required in paragraph (1)
of subsection (b) of Section 4.5 of the Rights of Crime Victims
and Witnesses Act and shall be informed of their opportunity
at this hearing to obtain an order of protection under Article
112A of this Code.
(Source: P.A. 100-1, eff. 1-1-18; 101-652, eff. 1-1-23.)

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

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

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

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

HB4498 - 214 - LRB102 22839 RLC 31990 b
A misdemeanor. If a defendant:
(1) fails to appear in court as required by their
conditions of release;
(2) is charged with a class B or C misdemeanor, petty
offense, traffic offense, or ordinance violation that is
alleged to have occurred during the defendant's pretrial
release; or
(3) violates any other condition of release set by the
court,
the court shall follow the procedures set forth in Section
110-3 to ensure the defendant's appearance in court to address
the violation.
(d) When a defendant appears in court for a notice to show
cause hearing, or after being arrested on a warrant issued
because of a failure to appear at a notice to show cause
hearing, or after being arrested for an offense other than a
felony or class A misdemeanor, the state may file a verified
petition requesting a hearing for sanctions.
(e) During the hearing for sanctions, the defendant shall
be represented by counsel and have an opportunity to be heard
regarding the violation and evidence in mitigation. The court
shall only impose sanctions if it finds by clear and
convincing evidence that:
1. The defendant committed an act that violated a term
of their pretrial release;
2. The defendant had actual knowledge that their

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

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

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

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

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

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

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

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

HB4498 - 223 - LRB102 22839 RLC 31990 b
of bail set on such warrant unless the court sets forth on
the record of proceedings the conclusions of law and facts
which are the basis for such altering of another court's
bond. The non-issuing court shall not alter another courts
bail set on a warrant unless the interests of justice and
public safety are served by such action.
(g) The State may appeal any order where the court has
increased or reduced the amount of bail or altered the
conditions of the bail bond or granted bail where it has
previously been revoked.
(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19;
101-652.)
(725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
Sec. 110-6.1. Denial of pretrial release bail in
non-probationable felony offenses.
(a) Upon verified petition by the State, the court shall
hold a hearing and may deny to determine whether bail should be
denied to a defendant pretrial release only if:
(1) the defendant who is charged with a forcible
felony offense for which a sentence of imprisonment,
without probation, periodic imprisonment or conditional
discharge, is required by law upon conviction, and when it
is alleged that the defendant's pretrial release poses a
specific, real and present threat to any person or the
community. admission to bail poses a real and present

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

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

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

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

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

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

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

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

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

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

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

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

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

HB4498 - 237 - LRB102 22839 RLC 31990 b
(725 ILCS 5/110-6.4)
Sec. 110-6.4. Statewide risk-assessment tool. The Supreme
Court may establish a statewide risk-assessment tool to be
used in proceedings to assist the court in establishing
conditions of pretrial release bail for a defendant by
assessing the defendant's likelihood of appearing at future
court proceedings or determining if the defendant poses a real
and present threat to the physical safety of any person or
persons. The Supreme Court shall consider establishing a
risk-assessment tool that does not discriminate on the basis
of race, gender, educational level, socio-economic status, or
neighborhood. If a risk-assessment tool is utilized within a
circuit that does not require a personal interview to be
completed, the Chief Judge of the circuit or the director of
the pretrial services agency may exempt the requirement under
Section 9 and subsection (a) of Section 7 of the Pretrial
Services Act.
For the purpose of this Section, "risk-assessment tool"
means an empirically validated, evidence-based screening
instrument that demonstrates reduced instances of a
defendant's failure to appear for further court proceedings or
prevents future criminal activity.
(Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18;
101-652.)
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)

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

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

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

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

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

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

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

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

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

HB4498 - 247 - LRB102 22839 RLC 31990 b
do the following:
(1) refrain from contact or communication with the
victim for a minimum period of 72 hours following the
defendant's release; and
(2) refrain from entering or remaining at the victim's
residence for a minimum period of 72 hours following the
defendant's release.
(e) Local law enforcement agencies shall develop
standardized pretrial release bond forms for use in cases
involving family or household members as defined in Article
112A, including specific conditions of pretrial release bond
as provided in subsection (d). Failure of any law enforcement
department to develop or use those forms shall in no way limit
the applicability and enforcement of subsections (d) and (f).
(f) If the defendant is released admitted to bail after
conviction following appeal or other post-conviction
proceeding, the conditions of the pretrial release bail bond
shall be that he will, in addition to the conditions set forth
in subsections (a) and (b) hereof:
(1) Duly prosecute his appeal;
(2) Appear at such time and place as the court may
direct;
(3) Not depart this State without leave of the court;
(4) Comply with such other reasonable conditions as
the court may impose; and
(5) If the judgment is affirmed or the cause reversed

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

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

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

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

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

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

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

HB4498 - 255 - LRB102 22839 RLC 31990 b
(e) The enforcement of a protective order in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order
entered under Section 112A-15 of this Code.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(e-5) If a civil no contact order entered under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 conflicts with an order issued pursuant to the Juvenile
Court Act of 1987 or the Illinois Marriage and Dissolution of
Marriage Act, the conflicting order issued under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 shall be void.
(f) Circumstances. The court, when determining whether or
not a violation of a protective order has occurred, shall not
require physical manifestations of abuse on the person of the
victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection (g), where the court finds the commission of a
crime or contempt of court under subsection subsections
(a) or (b) of this Section, the penalty shall be the
penalty that generally applies in such criminal or
contempt proceedings, and may include one or more of the
following: incarceration, payment of restitution, a fine,

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

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

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

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

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

HB4498 - 261 - LRB102 22839 RLC 31990 b
(1) (Blank).
(2) (Blank).
(3) By service of a protective order under subsection
(f) of Section 112A-17.5 or Section 112A-22 of this Code.
(4) By other means demonstrating actual knowledge of
the contents of the order.
(e) The enforcement of a protective order in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order
entered under Section 112A-15 of this Code.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(e-5) If a civil no contact order entered under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 conflicts with an order issued pursuant to the Juvenile
Court Act of 1987 or the Illinois Marriage and Dissolution of
Marriage Act, the conflicting order issued under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 shall be void.
(f) Circumstances. The court, when determining whether or
not a violation of a protective order has occurred, shall not
require physical manifestations of abuse on the person of the
victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HB4498 - 277 - LRB102 22839 RLC 31990 b
detention was entered. If the defendant is not brought to
trial within the 90 day period required by this subsection
(f), he shall not be held longer without bail. In computing the
90 day period, the court shall omit any period of delay
resulting from a continuance granted at the request of the
defendant. The court shall immediately notify the alleged
victim of the offense that the defendant has been admitted to
bail under this subsection.
(g) Any person shall be entitled to appeal any order
entered under this Section denying bail to the defendant.
(h) The State may appeal any order entered under this
Section denying any motion for denial of bail.
(i) Nothing in this Section shall be construed as
modifying or limiting in any way the defendant's presumption
of innocence in further criminal proceedings.
(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
98-558, eff. 1-1-14; 101-652, eff. 7-1-21.)
(725 ILCS 5/110-6.5)
Sec. 110-6.5. Drug testing program. The Chief Judge of the
circuit may establish a drug testing program as provided by
this Section in any county in the circuit if the county board
has approved the establishment of the program and the county
probation department or pretrial services agency has consented
to administer it. The drug testing program shall be conducted
under the following provisions:

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

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

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

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

HB4498 - 282 - LRB102 22839 RLC 31990 b
bail, but in no event shall such deposit be less than $25. The
clerk of the court shall provide a space on each form for a
person other than the accused who has provided the money for
the posting of bail to so indicate and a space signed by an
accused who has executed the bail bond indicating whether a
person other than the accused has provided the money for the
posting of bail. The form shall also include a written notice
to such person who has provided the defendant with the money
for the posting of bail indicating that the bail may be used to
pay costs, attorney's fees, fines, or other purposes
authorized by the court and if the defendant fails to comply
with the conditions of the bail bond, the court shall enter an
order declaring the bail to be forfeited. The written notice
must be: (1) distinguishable from the surrounding text; (2) in
bold type or underscored; and (3) in a type size at least 2
points larger than the surrounding type. When a person for
whom bail has been set is charged with an offense under the
Illinois Controlled Substances Act or the Methamphetamine
Control and Community Protection Act which is a Class X
felony, or making a terrorist threat in violation of Section
29D-20 of the Criminal Code of 1961 or the Criminal Code of
2012 or an attempt to commit the offense of making a terrorist
threat, the court may require the defendant to deposit a sum
equal to 100% of the bail. Where any person is charged with a
forcible felony while free on bail and is the subject of
proceedings under Section 109-3 of this Code the judge

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

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

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

HB4498 - 286 - LRB102 22839 RLC 31990 b
paragraph (a) shall be applied to the payment of costs. If
judgment is entered and any amount of such deposit remains
after the payment of costs it shall be applied to payment of
the judgment and transferred to the treasury of the municipal
corporation wherein the bond was taken if the offense was a
violation of any penal ordinance of a political subdivision of
this State, or to the treasury of the county wherein the bond
was taken if the offense was a violation of any penal statute
of this State. The balance of the judgment may be enforced and
collected in the same manner as a judgment entered in a civil
action.
(h) After a judgment for a fine and court costs or either
is entered in the prosecution of a cause in which a deposit had
been made in accordance with paragraph (a) the balance of such
deposit, after deduction of bail bond costs, shall be applied
to the payment of the judgment.
(i) When a court appearance is required for an alleged
violation of the Criminal Code of 1961, the Criminal Code of
2012, the Illinois Vehicle Code, the Wildlife Code, the Fish
and Aquatic Life Code, the Child Passenger Protection Act, or
a comparable offense of a unit of local government as
specified in Supreme Court Rule 551, and if the accused does
not appear in court on the date set for appearance or any date
to which the case may be continued and the court issues an
arrest warrant for the accused, based upon his or her failure
to appear when having so previously been ordered to appear by

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

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

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

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

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

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

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

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

HB4498 - 295 - LRB102 22839 RLC 31990 b
(725 ILCS 5/110-15) (from Ch. 38, par. 110-15)
Sec. 110-15. Applicability of provisions for giving and
taking bail. The provisions of Sections 110-7 and 110-8 of
this Code are exclusive of other provisions of law for the
giving, taking, or enforcement of bail. In all cases where a
person is admitted to bail the provisions of Sections 110-7
and 110-8 of this Code shall be applicable.
However, the Supreme Court may, by rule or order,
prescribe a uniform schedule of amounts of bail in all but
felony offenses. The uniform schedule shall not require a
person cited for violating the Illinois Vehicle Code or a
similar provision of a local ordinance for which a violation
is a petty offense as defined by Section 5-1-17 of the Unified
Code of Corrections, excluding business offenses as defined by
Section 5-1-2 of the Unified Code of Corrections or a
violation of Section 15-111 or subsection (d) of Section 3-401
of the Illinois Vehicle Code, to post bond to secure bail for
his or her release. Such uniform schedule may provide that the
cash deposit provisions of Section 110-7 shall not apply to
bail amounts established for alleged violations punishable by
fine alone, and the schedule may further provide that in
specified traffic cases a valid Illinois chauffeur's or
operator's license must be deposited, in addition to 10% of
the amount of the bail specified in the schedule.
(Source: P.A. 98-870, eff. 1-1-15; 98-1134, eff. 1-1-15;
101-652, eff. 7-1-21.)

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

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

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

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

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

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

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

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

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

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

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

HB4498 - 307 - LRB102 22839 RLC 31990 b
notices, motions and court orders filed thereafter in the
case.
(3) Standing. The victim has standing to assert the
rights enumerated in subsection (a) of Article I, Section
8.1 of the Illinois Constitution and the statutory rights
under Section 4 of this Act in any court exercising
jurisdiction over the criminal case. The prosecuting
attorney, a victim, or the victim's retained attorney may
assert the victim's rights. The defendant in the criminal
case has no standing to assert a right of the victim in any
court proceeding, including on appeal.
(4) Assertion of and enforcement of rights.
(A) The prosecuting attorney shall assert a
victim's right or request enforcement of a right by
filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury. The prosecuting
attorney shall consult with the victim and the
victim's attorney regarding the assertion or
enforcement of a right. If the prosecuting attorney
decides not to assert or enforce a victim's right, the
prosecuting attorney shall notify the victim or the
victim's attorney in sufficient time to allow the
victim or the victim's attorney to assert the right or
to seek enforcement of a right.
(B) If the prosecuting attorney elects not to

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

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

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

HB4498 - 311 - LRB102 22839 RLC 31990 b
required to testify at an ex parte in camera
proceeding.
The prosecuting attorney, the victim, and the
advocate's attorney shall be allowed to be present at
the ex parte in camera proceeding. If, after
conducting the ex parte in camera hearing, the court
determines that due process requires any testimony
regarding confidential or privileged information or
communications, the court shall provide to the
prosecuting attorney, the victim, and the advocate's
attorney a written memorandum on the substance of the
advocate's testimony. The prosecuting attorney, the
victim, and the advocate's attorney shall have 15 days
to seek appellate review before a subpoena may be
issued for the advocate to testify at trial. The
presence of the prosecuting attorney at the ex parte
in camera proceeding does not make the substance of
the advocate's testimony that the court has ruled
inadmissible subject to discovery.
(B) If a victim has asserted the right to have a
support person present at the court proceedings, the
victim shall provide the name of the person the victim
has chosen to be the victim's support person to the
prosecuting attorney, within 60 days of trial. The
prosecuting attorney shall provide the name to the
defendant. If the defendant intends to call the

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

HB4498 - 313 - LRB102 22839 RLC 31990 b
a witness in the defendant's case-in-chief or the
State's rebuttal.
If the court does not allow the defendant to
inquire about matters outside the scope of the direct
examination, the support person shall be allowed to
remain in the courtroom after the support person has
been called by the defendant or the defendant has
rested. The court shall allow the support person to
testify in the State's rebuttal.
If the prosecuting attorney does not intend to
call the support person in the State's case-in-chief,
the court shall verify with the support person whether
the support person, if called as a witness, would
testify as set forth in the offer of proof. If the
court finds that the support person would testify as
set forth in the offer of proof, the court shall rule
on the relevance, materiality, and admissibility of
the anticipated testimony. If the court rules the
anticipated testimony is admissible, the court shall
issue the subpoena. The support person may remain in
the courtroom after the support person testifies and
shall be allowed to testify in rebuttal.
If the court excludes the victim's support person
during the State's case-in-chief, the victim shall be
allowed to choose another support person to be present
in court.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HB4498 - 333 - LRB102 22839 RLC 31990 b
(3) Standing. The victim has standing to assert the
rights enumerated in subsection (a) of Article I, Section
8.1 of the Illinois Constitution and the statutory rights
under Section 4 of this Act in any court exercising
jurisdiction over the criminal case. The prosecuting
attorney, a victim, or the victim's retained attorney may
assert the victim's rights. The defendant in the criminal
case has no standing to assert a right of the victim in any
court proceeding, including on appeal.
(4) Assertion of and enforcement of rights.
(A) The prosecuting attorney shall assert a
victim's right or request enforcement of a right by
filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury. The prosecuting
attorney shall consult with the victim and the
victim's attorney regarding the assertion or
enforcement of a right. If the prosecuting attorney
decides not to assert or enforce a victim's right, the
prosecuting attorney shall notify the victim or the
victim's attorney in sufficient time to allow the
victim or the victim's attorney to assert the right or
to seek enforcement of a right.
(B) If the prosecuting attorney elects not to
assert a victim's right or to seek enforcement of a
right, the victim or the victim's attorney may assert

HB4498 - 334 - LRB102 22839 RLC 31990 b
the victim's right or request enforcement of a right
by filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury.
(C) If the prosecuting attorney asserts a victim's
right or seeks enforcement of a right, unless the
prosecuting attorney objects or the trial court does
not allow it, the victim or the victim's attorney may
be heard regarding the prosecuting attorney's motion
or may file a simultaneous motion to assert or request
enforcement of the victim's right. If the victim or
the victim's attorney was not allowed to be heard at
the hearing regarding the prosecuting attorney's
motion, and the court denies the prosecuting
attorney's assertion of the right or denies the
request for enforcement of a right, the victim or
victim's attorney may file a motion to assert the
victim's right or to request enforcement of the right
within 10 days of the court's ruling. The motion need
not demonstrate the grounds for a motion for
reconsideration. The court shall rule on the merits of
the motion.
(D) The court shall take up and decide any motion
or request asserting or seeking enforcement of a
victim's right without delay, unless a specific time
period is specified by law or court rule. The reasons

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

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

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

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

HB4498 - 339 - LRB102 22839 RLC 31990 b
appear to testify at an in camera hearing. The
prosecuting attorney and the victim shall have 15 days
to seek appellate review before the advocate is
required to testify at an ex parte in camera
proceeding.
The prosecuting attorney, the victim, and the
advocate's attorney shall be allowed to be present at
the ex parte in camera proceeding. If, after
conducting the ex parte in camera hearing, the court
determines that due process requires any testimony
regarding confidential or privileged information or
communications, the court shall provide to the
prosecuting attorney, the victim, and the advocate's
attorney a written memorandum on the substance of the
advocate's testimony. The prosecuting attorney, the
victim, and the advocate's attorney shall have 15 days
to seek appellate review before a subpoena may be
issued for the advocate to testify at trial. The
presence of the prosecuting attorney at the ex parte
in camera proceeding does not make the substance of
the advocate's testimony that the court has ruled
inadmissible subject to discovery.
(B) If a victim has asserted the right to have a
support person present at the court proceedings, the
victim shall provide the name of the person the victim
has chosen to be the victim's support person to the

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

HB4498 - 341 - LRB102 22839 RLC 31990 b
case-in-chief waives the right to challenge the
presence of the support person on appeal. The court
shall allow the support person to testify if called as
a witness in the defendant's case-in-chief or the
State's rebuttal.
If the court does not allow the defendant to
inquire about matters outside the scope of the direct
examination, the support person shall be allowed to
remain in the courtroom after the support person has
been called by the defendant or the defendant has
rested. The court shall allow the support person to
testify in the State's rebuttal.
If the prosecuting attorney does not intend to
call the support person in the State's case-in-chief,
the court shall verify with the support person whether
the support person, if called as a witness, would
testify as set forth in the offer of proof. If the
court finds that the support person would testify as
set forth in the offer of proof, the court shall rule
on the relevance, materiality, and admissibility of
the anticipated testimony. If the court rules the
anticipated testimony is admissible, the court shall
issue the subpoena. The support person may remain in
the courtroom after the support person testifies and
shall be allowed to testify in rebuttal.
If the court excludes the victim's support person

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HB4498 - 364 - LRB102 22839 RLC 31990 b
cases, except as specified in subsection (d) of this Section,
when a presentence report has been ordered by the court, such
presentence report shall contain information on the
defendant's history of delinquency or criminality and shall
further contain only those matters listed in any of paragraphs
(1) through (6) of subsection (a) or in subsection (b) of this
Section as are specified by the court in its order for the
report.
(d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or
12-30 of the Criminal Code of 1961 or the Criminal Code of
2012, the presentence report shall set forth information about
alcohol, drug abuse, psychiatric, and marriage counseling or
other treatment programs and facilities, information on the
defendant's history of delinquency or criminality, and shall
contain those additional matters listed in any of paragraphs
(1) through (6) of subsection (a) or in subsection (b) of this
Section as are specified by the court.
(e) Nothing in this Section shall cause the defendant to
be held without bail or to have his bail revoked for the
purpose of preparing the presentence report or making an
examination.
(Source: P.A. 101-105, eff. 1-1-20; 102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 101-652)
Sec. 5-3-2. Presentence report.
(a) In felony cases, the presentence report shall set

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

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

HB4498 - 367 - LRB102 22839 RLC 31990 b
(b-5) In cases involving felony sex offenses in which the
offender is being considered for probation only or any felony
offense that is sexually motivated as defined in the Sex
Offender Management Board Act in which the offender is being
considered for probation only, the investigation shall include
a sex offender evaluation by an evaluator approved by the
Board and conducted in conformance with the standards
developed under the Sex Offender Management Board Act. In
cases in which the offender is being considered for any
mandatory prison sentence, the investigation shall not include
a sex offender evaluation.
(c) In misdemeanor, business offense or petty offense
cases, except as specified in subsection (d) of this Section,
when a presentence report has been ordered by the court, such
presentence report shall contain information on the
defendant's history of delinquency or criminality and shall
further contain only those matters listed in any of paragraphs
(1) through (6) of subsection (a) or in subsection (b) of this
Section as are specified by the court in its order for the
report.
(d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or
12-30 of the Criminal Code of 1961 or the Criminal Code of
2012, the presentence report shall set forth information about
alcohol, drug abuse, psychiatric, and marriage counseling or
other treatment programs and facilities, information on the
defendant's history of delinquency or criminality, and shall

HB4498 - 368 - LRB102 22839 RLC 31990 b
contain those additional matters listed in any of paragraphs
(1) through (6) of subsection (a) or in subsection (b) of this
Section as are specified by the court.
(e) Nothing in this Section shall cause the defendant to
be held without pretrial release bail or to have his pretrial
release bail revoked for the purpose of preparing the
presentence report or making an examination.
(Source: P.A. 101-105, eff. 1-1-20; 101-652, eff. 1-1-23;
102-558, eff. 8-20-21.)
(730 ILCS 5/5-5-3.2)
(Text of Section before amendment by P.A. 101-652)
Sec. 5-5-3.2. Factors in aggravation and extended-term
sentencing.
(a) The following factors shall be accorded weight in
favor of imposing a term of imprisonment or may be considered
by the court as reasons to impose a more severe sentence under
Section 5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;
(3) the defendant has a history of prior delinquency
or criminal activity;
(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular

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

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

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

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

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

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

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(5), or (7) of subsection (a) of Section 11-20.1B or
Section 11-20.3 of the Criminal Code of 1961 where a child
engaged in, solicited for, depicted in, or posed in any
act of sexual penetration or bound, fettered, or subject
to sadistic, masochistic, or sadomasochistic abuse in a
sexual context;
(27) the defendant committed the offense of first
degree murder, assault, aggravated assault, battery,
aggravated battery, robbery, armed robbery, or aggravated
robbery against a person who was a veteran and the
defendant knew, or reasonably should have known, that the
person was a veteran performing duties as a representative
of a veterans' organization. For the purposes of this
paragraph (27), "veteran" means an Illinois resident who
has served as a member of the United States Armed Forces, a
member of the Illinois National Guard, or a member of the
United States Reserve Forces; and "veterans' organization"
means an organization comprised of members of which
substantially all are individuals who are veterans or
spouses, widows, or widowers of veterans, the primary
purpose of which is to promote the welfare of its members
and to provide assistance to the general public in such a
way as to confer a public benefit;
(28) the defendant committed the offense of assault,
aggravated assault, battery, aggravated battery, robbery,
armed robbery, or aggravated robbery against a person that

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HB4498 - 410 - LRB102 22839 RLC 31990 b
enforcement, and the victim, regarding the breach. The
supervising authority may also require that the electronic
surveillance ordered under this Section monitor the
consumption of alcohol or drugs.
(Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16;
100-201, eff. 8-18-17; 101-652.)
(730 ILCS 5/8-2-1) (from Ch. 38, par. 1008-2-1)
Sec. 8-2-1. Saving Clause.
The repeal of Acts or parts of Acts enumerated in Section
8-5-1 does not: (1) affect any offense committed, act done,
prosecution pending, penalty, punishment or forfeiture
incurred, or rights, powers or remedies accrued under any law
in effect immediately prior to the effective date of this
Code; (2) impair, avoid, or affect any grant or conveyance
made or right acquired or cause of action then existing under
any such repealed Act or amendment thereto; (3) affect or
impair the validity of any pretrial release bail or other bond
or other obligation issued or sold and constituting a valid
obligation of the issuing authority immediately prior to the
effective date of this Code; (4) the validity of any contract;
or (5) the validity of any tax levied under any law in effect
prior to the effective date of this Code. The repeal of any
validating Act or part thereof shall not avoid the effect of
the validation. No Act repealed by Section 8-5-1 shall repeal
any Act or part thereof which embraces the same or a similar

HB4498 - 411 - LRB102 22839 RLC 31990 b
subject matter as the Act repealed.
(Source: P.A. 78-255; 101-652.)
Section 120. The Probation and Probation Officers Act is
amended by changing Section 18 as follows:
(730 ILCS 110/18)
Sec. 18. Probation and court services departments
considered pretrial services agencies. For the purposes of
administering the provisions of Public Act 95-773, known as
the Cindy Bischof Law, all probation and court services
departments are to be considered pretrial services agencies
under the Pretrial Services Act and under the pretrial release
bail bond provisions of the Code of Criminal Procedure of
1963.
(Source: P.A. 96-341, eff. 8-11-09; 101-652.)
Section 125. The County Jail Act is amended by changing
Section 5 as follows:
(730 ILCS 125/5) (from Ch. 75, par. 105)
Sec. 5. Costs of maintaining prisoners.
(a) Except as provided in subsections (b) and (c), all
costs of maintaining persons committed for violations of
Illinois law, shall be the responsibility of the county.
Except as provided in subsection (b), all costs of maintaining

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

HB4498 - 413 - LRB102 22839 RLC 31990 b
the county. Calculation of the per diem cost shall be agreed
upon prior to the passage of the annual State budget.
(c) If a person who is serving a term of mandatory
supervised release is incarcerated in a county jail, following
an arrest on a warrant issued by the Illinois Department of
Corrections, solely for violation of a condition of mandatory
supervised release and not on any new charges for a new
offense, then the Illinois Department of Corrections shall pay
the medical costs incurred by the county in securing treatment
for that person, for any injury or condition other than one
arising out of or in conjunction with the arrest of the person
or resulting from the conduct of county personnel, while he or
she remains in the county jail on the warrant issued by the
Illinois Department of Corrections.
(Source: P.A. 94-678, eff. 1-1-06; 94-1094, eff. 1-26-07;
101-652.)
Section 130. The County Jail Good Behavior Allowance Act
is amended by changing Section 3 as follows:
(730 ILCS 130/3) (from Ch. 75, par. 32)
Sec. 3. The good behavior of any person who commences a
sentence of confinement in a county jail for a fixed term of
imprisonment after January 1, 1987 shall entitle such person
to a good behavior allowance, except that: (1) a person who
inflicted physical harm upon another person in committing the

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

HB4498 - 415 - LRB102 22839 RLC 31990 b
unable to comply with the conditions of pretrial release post
bail before sentencing, except that a prisoner serving a
sentence of periodic imprisonment under Section 5-7-1 of the
Unified Code of Corrections shall only be eligible to receive
good behavior allowance if authorized by the sentencing judge.
Each day of good behavior allowance shall reduce by one day the
prisoner's period of incarceration set by the court. For the
purpose of calculating a prisoner's good behavior allowance, a
fractional part of a day shall not be calculated as a day of
service of sentence in the county jail unless the fractional
part of the day is over 12 hours in which case a whole day
shall be credited on the good behavior allowance.
If consecutive sentences are served and the time served
amounts to a total of one year or more, the good behavior
allowance shall be calculated on a continuous basis throughout
the entire time served beginning on the first date of sentence
or incarceration, as the case may be.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13;
101-652.)
Section 135. The Code of Civil Procedure is amended by
changing Sections 10-106, 10-125, 10-127, 10-135, 10-136, and
21-103 as follows:
(735 ILCS 5/10-106) (from Ch. 110, par. 10-106)
Sec. 10-106. Grant of relief - Penalty. Unless it shall

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

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

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

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

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

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

HB4498 - 422 - LRB102 22839 RLC 31990 b
subsection (c-1).
(c-4) If the publication requirements of subsection (a)
have been waived, the circuit court shall enter an order
impounding the case.
(d) The maximum rate charged for publication of a notice
under this Section may not exceed the lowest classified rate
paid by commercial users for comparable space in the newspaper
in which the notice appears and shall include all cash
discounts, multiple insertion discounts, and similar benefits
extended to the newspaper's regular customers.
(Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20;
102-538, eff. 8-20-21.)
(Text of Section after amendment by P.A. 101-652)
Sec. 21-103. Notice by publication.
(a) Previous notice shall be given of the intended
application by publishing a notice thereof in some newspaper
published in the municipality in which the person resides if
the municipality is in a county with a population under
2,000,000, or if the person does not reside in a municipality
in a county with a population under 2,000,000, or if no
newspaper is published in the municipality or if the person
resides in a county with a population of 2,000,000 or more,
then in some newspaper published in the county where the
person resides, or if no newspaper is published in that
county, then in some convenient newspaper published in this

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

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

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

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

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

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

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

HB4498 - 430 - LRB102 22839 RLC 31990 b
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
civil no contact order; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of a civil no contact order unless the court
explicitly finds that an increased penalty or that
period of imprisonment would be manifestly unjust.
(4) In addition to any other penalties imposed for a
violation of a civil no contact order, a criminal court
may consider evidence of any previous violations of a
civil no contact order:
(i) to increase, revoke or modify the conditions
of pretrial release bail bond on an underlying
criminal charge pursuant to Section 110-6 of the Code
of Criminal Procedure of 1963;
(ii) to revoke or modify an order of probation,
conditional discharge or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections; or
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12;
101-652.)
Section 145. The Illinois Domestic Violence Act of 1986 is

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

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

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

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

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

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

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

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

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

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

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

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

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

HB4498 - 444 - LRB102 22839 RLC 31990 b
responsible; provided, that the employer notified the Director
of such possible ineligibility within the time limits
specified by regulations of the Director, and that the
individual has admitted his commission of the felony or theft
to a representative of the Director, or has signed a written
admission of such act and such written admission has been
presented to a representative of the Director, or such act has
resulted in a conviction or order of supervision by a court of
competent jurisdiction; and provided further, that if by
reason of such act, he is in legal custody, held on pretrial
release bail or is a fugitive from justice, the determination
of his benefit rights shall be held in abeyance pending the
result of any legal proceedings arising therefrom.
(Source: P.A. 99-488, eff. 1-3-16; 101-652.)
Section 995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
Section 999. Effective date. This Act takes effect upon
becoming law.
HB4498 - 445 - LRB102 22839 RLC 31990 b
INDEX
Statutes amended in order of appearance
5 ILCS 140/2.15
5 ILCS 160/4a
20 ILCS 2605/2605-302 was 20 ILCS 2605/55a in part
50 ILCS 205/3b
55 ILCS 5/4-5001 from Ch. 34, par. 4-5001
55 ILCS 5/4-12001 from Ch. 34, par. 4-12001
55 ILCS 5/4-12001.1 from Ch. 34, par. 4-12001.1
65 ILCS 5/1-2-12.1
110 ILCS 12/15
215 ILCS 5/143.19 from Ch. 73, par. 755.19
215 ILCS 5/143.19.1 from Ch. 73, par. 755.19.1
215 ILCS 5/205 from Ch. 73, par. 817
230 ILCS 10/5.1 from Ch. 120, par. 2405.1
625 ILCS 5/6-204 from Ch. 95 1/2, par. 6-204
625 ILCS 5/6-308
625 ILCS 5/6-500 from Ch. 95 1/2, par. 6-500
625 ILCS 5/6-601 from Ch. 95 1/2, par. 6-601
625 ILCS 5/16-103 from Ch. 95 1/2, par. 16-103
625 ILCS 40/5-7
705 ILCS 105/27.3b from Ch. 25, par. 27.3b
705 ILCS 205/9 from Ch. 13, par. 9
705 ILCS 405/1-7
705 ILCS 405/1-8
HB4498 - 446 - LRB102 22839 RLC 31990 b
705 ILCS 405/5-150
720 ILCS 5/26.5-5
720 ILCS 5/31-1 from Ch. 38, par. 31-1
720 ILCS 5/31A-0.1
720 ILCS 5/32-10 from Ch. 38, par. 32-10
720 ILCS 5/32-15
725 ILCS 5/102-6 from Ch. 38, par. 102-6
725 ILCS 5/102-7 from Ch. 38, par. 102-7
725 ILCS 5/103-5 from Ch. 38, par. 103-5
725 ILCS 5/103-7 from Ch. 38, par. 103-7
725 ILCS 5/103-9 from Ch. 38, par. 103-9
725 ILCS 5/104-13 from Ch. 38, par. 104-13
725 ILCS 5/104-17 from Ch. 38, par. 104-17
725 ILCS 5/106D-1
725 ILCS 5/107-4 from Ch. 38, par. 107-4
725 ILCS 5/107-9 from Ch. 38, par. 107-9
725 ILCS 5/109-1 from Ch. 38, par. 109-1
725 ILCS 5/109-2 from Ch. 38, par. 109-2
725 ILCS 5/109-3 from Ch. 38, par. 109-3
725 ILCS 5/109-3.1 from Ch. 38, par. 109-3.1
725 ILCS 5/Art. 110
heading
725 ILCS 5/110-1 from Ch. 38, par. 110-1
725 ILCS 5/110-2 from Ch. 38, par. 110-2
725 ILCS 5/110-3 from Ch. 38, par. 110-3
725 ILCS 5/110-4 from Ch. 38, par. 110-4
HB4498 - 447 - LRB102 22839 RLC 31990 b
725 ILCS 5/110-5 from Ch. 38, par. 110-5
725 ILCS 5/110-5.2
725 ILCS 5/110-6 from Ch. 38, par. 110-6
725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
725 ILCS 5/110-6.2 from Ch. 38, par. 110-6.2
725 ILCS 5/110-6.4
725 ILCS 5/110-10 from Ch. 38, par. 110-10
725 ILCS 5/110-11 from Ch. 38, par. 110-11
725 ILCS 5/110-12 from Ch. 38, par. 110-12
725 ILCS 5/111-2 from Ch. 38, par. 111-2
725 ILCS 5/112A-23 from Ch. 38, par. 112A-23
725 ILCS 5/114-1 from Ch. 38, par. 114-1
725 ILCS 5/115-4.1 from Ch. 38, par. 115-4.1
725 ILCS 5/122-6 from Ch. 38, par. 122-6
725 ILCS 5/110-1.5 rep.
725 ILCS 5/110-6.3 from Ch. 38, par. 110-6.3
725 ILCS 5/110-6.5
725 ILCS 5/110-7 from Ch. 38, par. 110-7
725 ILCS 5/110-8 from Ch. 38, par. 110-8
725 ILCS 5/110-9 from Ch. 38, par. 110-9
725 ILCS 5/110-13 from Ch. 38, par. 110-13
725 ILCS 5/110-14 from Ch. 38, par. 110-14
725 ILCS 5/110-15 from Ch. 38, par. 110-15
725 ILCS 5/110-16 from Ch. 38, par. 110-16
725 ILCS 5/110-17 from Ch. 38, par. 110-17
725 ILCS 5/110-18 from Ch. 38, par. 110-18
HB4498 - 448 - LRB102 22839 RLC 31990 b
725 ILCS 120/4 from Ch. 38, par. 1404
725 ILCS 120/4.5
725 ILCS 185/11 from Ch. 38, par. 311
725 ILCS 185/20 from Ch. 38, par. 320
725 ILCS 185/22 from Ch. 38, par. 322
725 ILCS 185/34
725 ILCS 195/Act title
725 ILCS 195/0.01 from Ch. 16, par. 80
725 ILCS 195/1 from Ch. 16, par. 81
725 ILCS 195/2 from Ch. 16, par. 82
725 ILCS 195/3 from Ch. 16, par. 83
725 ILCS 195/5 from Ch. 16, par. 85
730 ILCS 5/5-3-2 from Ch. 38, par. 1005-3-2
730 ILCS 5/5-5-3.2
730 ILCS 5/5-6-4 from Ch. 38, par. 1005-6-4
730 ILCS 5/5-6-4.1 from Ch. 38, par. 1005-6-4.1
730 ILCS 5/5-8A-7
730 ILCS 5/8-2-1 from Ch. 38, par. 1008-2-1
730 ILCS 110/18
730 ILCS 125/5 from Ch. 75, par. 105
730 ILCS 130/3 from Ch. 75, par. 32
735 ILCS 5/10-106 from Ch. 110, par. 10-106
735 ILCS 5/10-125 from Ch. 110, par. 10-125
735 ILCS 5/10-127 from Ch. 110, par. 10-127
735 ILCS 5/10-135 from Ch. 110, par. 10-135
735 ILCS 5/10-136 from Ch. 110, par. 10-136
HB4498 - 449 - LRB102 22839 RLC 31990 b